Supreme Court (Rules of Procedure) Act 1987 (NT)

Ì	NORTHERN TERRITORY OF AUSTRALIA
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I	No. 37 of I9B7
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I	AN ACT
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lAssented to 13 October, 1987]

T)E it enacted by the Legislltive Assem.b.ly.of the, Norther¡ Territory of ö " Àñäúr",- *i1¡, the issent as prt''vitló.1 by the N,rrher¡r Territory(Se1Í'-Government) Act l97B of the Commonweâlth' ¿ìs follows:

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PART I - PRELIMINARY

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1.        SHORT TITLE

I Thís Act may be cíted as the Supreme Court (RuLes of

i	Procedure) Act 7987.
2, COMMENCEMENT
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(1 ) Sectíons 1 and 2 shall come into oPeration on

the day on which th e Adminístratorrs assent to this Act

I	is given.
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into operation on a date to be fixed by the Admínistrator (2) The remaining provisions of thís Act shall come
,f	by notice ín the Gazette.
i	3. PRINCIPAL ACT

; The Supreme Court Act is in this Act referred to as

the Principal Act.

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Govgmm€nt Prinler ot lhe Nonh6m Temlory

Pr¡ce: S1 10

Suprene Court (Rules of Procedure)

4.        REPEAL

Territory of Australia comprísíng the Statutory Rules and(1) The Rul-es of the Supreme Court of the Northern

Regulations specified in the Schedule (other than Orders

64 and 69, and the Second and Fourth Schedules to, those

Rules) are repealed.

comprísing Statutory Rules L969, No. 167, are repealed.	(2) The Supreme Court (Justíces Appeals) Rules,
5.	DEFINITION

Supreme Court ratified, va1ídated and approved under In this Act ttnerd Rulestt means the Rules of the

¡mended from time to time. sectioû 6(1) or, except in section 7, those Rules as

PART II - VALIDATION OF RULES

6.       VALIDATION OF NET' RULES

made by the Judges of the Supreme Court on 31 JuIy 1987 (1) The Ru1es of the Supreme Court conditionally

and subsequently tabled in the Legislative Assembly are by

this Act rãtífíed, validated and approved.

(2) The ne$r Rules are for all purposes ( including

for the purpose of beíng amended) to be taken	to be Rules
of Court duly made under the Princípal Act by
of the Supreme Court.	the Judges

7 . CONFLICT BEThTEEN NEId RULES, &c. , AND ACTS

under section 9 Ís, inconsístent wlth the Príncípal Act as To the extent that the new Rules are, or a direction

¡mended by this Act or with any other Act, those Rules or that directíon, as the case may be, shall prevail.

PART III - INTERIM PROVISIONS

8.        AMENDMENT oF RULES

For the purposes only of av.oiding an ínconsistency

in the new Ru1es or between the new Rules and -

(a) the Principal Act as amended	by thís Act; or
(b) any other Act,

the	e Supreme Court $/ho are not actíng or
add	r .or a majority of them, rây nake Rules
of	the new Rules notwithstanding that, but
RuI
f.or	they may not have the power tõ make such

Supreme Court (Rules of Procedure)

9.       CHIEF JUSTICE MAY GIVE DIRECTIONS

(1 ) For the PurPos e only of avoiding an inconsis-

re Northern	tency in the new Rules	or	between the nerl	Rules and -
¡ Rules and

:han Orders (a) the Principal Act as amended by thís Act; or

to, those (b) any other Act'

Rules, but without limiting the Chief Justícers powers under

-s ) section 72 of the Prlncipal Act as amended by this Act,

repealed. the Chief Justice may give directions relating to a matter

I of practice or procedure of the Court notlsithstandingthal, but for this section, the Chief Justíce may not have the power to give such a direction, and the matter shall

es of the be governed according to those directions.

rved under

Rules as I (2) A under subsection (1) which,

but for that	beyond the power of the Chief
Justice to g	s sooner approved by Rules of

have no force or effect after

Court made u the expirâtion of 6 months after the date on which ít was

gaven.

ditionatly	July 1987	10.	TIME LII4IT oN EXERCISE OF PO\47ER UNDER THIS PART
bly are by

a direction given under section 9(1) Iater than 5 years Rules of Court shall not be made under sectíon 8 nor

( incì-uding	t	after the commencement of this Act (other than sectíons 1
o be Ru1es	and 2 of this Act).

the Judges PART IV - CONSEQUENTIAL A}ÍENDMENTS

11. INTERPRETATION

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direc tion	Section 9 of the Principal Act ís amended -
pal Act as	(a) by omitting the definition of "Rules" and

e Rules or substituting the following:

L.	I	'rtRulesr means the Rules of Court made under this	Act or ratífíed, validated and approved under
7987; "; and the Supreme Court (Rufes of Procedure) ¿'ct
)nsistency	I	(b)	by adding at the end the following:

" (2) In this or any other Act or an instrument of a

Act; or Iegislatíve or administratíve charact.er, a reference to -

¡ (a) a rule or decree of the Court shall be taken to

be a reference to an order of the Court; or

acting or

ake Rules (b) a writ of prohibition, mandamus or certiorari

that, but	by which the Court had before the corrunencement
make such	of Parts II and IV of the Supreme Court (¡ules

I of Procedure) ect 7987 jurisdiction to grant

supreme Court (Ãu-Zes of Procedure)

relief or a remedY shal1 be taken to bea

."i...t to the judgment by which the Court

frây, aft.er that commencement, grant that "" rel ie f

crr" ietnudy under this Act and the Rules' " '

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12.     NEl{ SECTION

after section 9, the following: The Principal Act is amended by inserting in Part I'

''94, ABOLITION OF DISTINCTION BETI.{EEN COURT AND CITAMBERS q

between court and chambers is

" (1) The distinction

abolished.

ptà."d,r." of -the Court with respect to business that "(2) Nothing in subsection (1) al-ters the practice

"rra ""tr ú" conducted otherwise than ín open court'

in courL or otherwise, shall be taken to be conducted in	"(3) The business of the Court, whether conducted
court.

"(4) Where by or under this or any other Act in

force irrmediately before the commencement of Parts	II and
lV of the Supreme court (Rules of Procedure) Act	7987 a

jurisdiction ' Po\^/er or authority is vested in a Judge -

(a) the jurisdictíon, ' Power or. authorltY may be

exerclsed ín accordance with	this Act and the
Rules bY the Court in all	Judge míght have done; and
respects âs that

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without appeal an appeal does not fie from a determlnation

of the Court. " .

r) Supreme Court (Rul-es of Procedure)

rken to be a	13. CONSTITUTION
Lch the Court

t that rel-ief	SectionllofthePrincipalActisamended-
lles . tt ,	(a) by omitting sulsections (1) and (2) and

fiì slbstituting tht followíng:

(1) The court consists of the Judges and the

lng in Part I, "

Master.

be constituted bY a Judge .or

. AND CTIAMBERS ,'(2) The Court shall -án -ect or the Rules Provide

Judges' or, in a case where bv the llaster, bY the Ìlaster '

d chambers is rI îtã?-1. maY be constituted exercising the "joü"¿i"tio" of the Court'rt;

"iiaittg ""á

and

the practice (b) bY omitting subsection (3) '

business that

14.    EXERCISE OF JURISDICTION

her conducted	Section 15 of the Princípal Act is amended -
r conducted in
(a) by omitting from paragtaph (b) t'sitting in

other Act ín	Courtt'; and
e) Act 7987 a

: Parts lI and (b) by omítting "paragraph (c)"'

in a Judge - 15. REPEAL

ority may be Section 16 of the Prlncipal Act is repealed'

; Act and the

rects as that	\6,	FULL COURT
Section 2L(2) of the Principal Act 'ís amended by

1ce with this omirring "make" <1ttJi ";;;t;i*i ãï¿ substituting "made'r'

oûr power and	jurisdiction,	I7.	EXERCISE OF APPELLATE JURISDICTION
other Act in	Section 52 of the Principal Act is amended -
: Parts II and	(a) by omitting from s.ubsection (3) "sittíng in

e) Act 7987 a	Court or inlChambersr'; and
t' , rthe Court	r the Court or

r, or by words (b) bY omittíng subsection (4)'

jurlsdiction, 18. INJUNCTIONS AND RECEIVERS

the Court in Section 69(1) of the Prlncípal Act ís amended by

rstanding that	omitting "a mandamus orr''
hority in the

Judge as the 19. CHANGE OF VENUE

d to hear and	Sectíon 83(3) of the Principal Act is amended by
rt the deter-

t appeal, but	omitting "to a Judge in Chambers" '
be final or determination

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Supreme Court (Rules of Procedure)

20. AMENDMENT OF LITLITATION ACT

The Limitation Act is amended bY inserting in

Divisíon 2 of ParL ìtV, before section 49' the following: f' ti

,,484. ABROGATION OF RULE TN WELDON V NEAL

" (1) If a court would

relevant Period of linitatioin the còurt has commenced

document in the Proceedlng,	amendment to be made if it
party to the Proceedíng woul
t" prejudiced in the condu< defence in a way that could not be met by an adjournment' an award of costs or otherwise'

(2) This section does not apply to an amenclment in

" of this

a proceedíng	"o**á,,t"¿ before thå- Corunencement
section. ".

SCHEDULE

Section 4

STATUTORY RULES AND REGULATIONS COMPRISING RULES OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

1966	No,	178
1967	No.	L4
1-97 0	No.	208

r97 2	No.	86
797 4	No.	L02
r97 4	No.	103
L91 5	No.	r64
t97 8	No,	18
1980	No.	42

1981	No.	6
L982	No,	+
1,982	No.	5t ll'i
1983	No.	JJ
1986	No.	4
1986	No,	27
1987	No.	77

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