Untitled document

Supreme Court (Associate Judges Amendment) Rules 2015

S.R. No. 40/2015

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Objects

2Authorising provisions

3Commencement

Part 2—Amendment of Chapter VI

4New Rules 3A.10 to 3A.13 inserted

Part 3—Amendment of Chapter I

5Limitations on authority

6Associate Judge to hear application

7Rule 77.06 substituted

8Bringing an appeal

9Stay

10Cross-appeal

11Notice of contention

12Rules 77.06.9 and 77.07 substituted

Part 4—Consequential amendment of Chapter V

13Appeals

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Endnotes

STATUTORY RULES 2015

S.R. No. 40/2015

Supreme Court Act 1986
Criminal Procedure Act 2009

Supreme Court (Associate Judges Amendment) Rules 2015

The Judges of the Supreme Court make the following Rules:

Part 1—Preliminary

1Objects

The principal objects of these Rules are—

(a)to amend Chapter VI of the Supreme Court Rules to empower an Associate Judge to refer to a Judge of the Court an application relating to an appeal to which Order 3A applies;

(b)to further amend Chapter VI to empower a Judge of the Court to refer to an Associate Judge the power to hear and determine an appeal to which Order 3A applies;

(c)to amend Order 77 of Chapter I in relation to appeals from determinations of Associate Judges; and

(d)to consequentially amend Chapter V.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, sections 272 and 419 of the Criminal Procedure Act 2009 and all other enabling powers.

3Commencement

These Rules come into operation on 1 July 2015.

Part 2—Amendment of Chapter VI

4New Rules 3A.10 to 3A.13 inserted

After Rule 3A.09 of the Supreme Court (Criminal Procedure) Rules 2008[1] insert—

"3A.10   Reference by Associate Judge to Judge of the Court

(1)If on an application to an Associate Judge in accordance with Rule 3A.05 or 3A.06 it appears to the Associate Judge that the application is proper for the determination of a Judge of the Court, the Associate Judge may refer the application to a Judge of the Court.

(2)The Judge of the Court to whom the application is referred may—

(a)hear and determine the application; or

(b)refer it back to the Associate Judge with directions.

(3)An Associate Judge may refer to a Judge of the Court for directions any question arising on an application to the Associate Judge.

3A.11Reference by Judge of the Court to Associate Judge

(1)Notwithstanding Rule 1.16, if an appeal to which this Order applies appears to a Judge of the Court to be proper for the determination of an Associate Judge, the Judge of the Court, by order, may refer the appeal to an Associate Judge.

(2)If a Judge of the Court refers an appeal to an Associate Judge, the Associate Judge may—

(a)hear and determine the appeal, subject to any directions in the order referring the appeal; or

(b)refer the appeal back to the Judge of the Court.

(3)In hearing and determining an appeal referred by a Judge of the Court to an Associate Judge, the Associate Judge has the same powers as a Judge of the Court would have in hearing and determining the appeal, subject to any directions in the order referring the appeal.

3A.12Appeal to a Judge of the Court

(1)This Rule applies to an appeal under section 17(3) of the Supreme Court Act 1986 to the Trial Division constituted by a Judge of the Court from a determination of the Trial Division constituted by an Associate Judge in a matter to which this Order applies.

(2)Rules 77.06.1 to 77.06.9 of Chapter I apply, with any necessary modification, to an appeal to which this Rule applies.

3A.13Appeal to the Court of Appeal

(1)Subject to section 17A of the Supreme Court Act 1986, for the purposes of sections 10(1)(ab) and 17(3) of that Act—

(a)an appeal lies to the Court of Appeal (and not to the Trial Division) from a determination of the Trial Division constituted by an Associate Judge in respect of an appeal to which this Order applies if the appeal was referred to the Associate Judge by a Judge of the Court under Rule 3A.11;

(b)the appeal to the Court of Appeal may extend to any determination of the Trial Division constituted by the Associate Judge in respect of any matter related to the referred appeal, even if the matter was within the authority of an Associate Judge apart from the referral; and

(c)if leave to appeal would have been required had the appeal been determined by a Judge of the Court, the appeal from the Trial Division constituted by an Associate Judge shall only be by leave of the Court of Appeal.

Note

An example of a related matter for the purposes of Rule 3A.13(1)(b) is an associated application for leave to appeal.

(2)Order 64 of Chapter I applies to an appeal referred to in paragraph (1) with any necessary modification.".

Part 3—Amendment of Chapter I

5Limitations on authority

In Rule 77.02(3) of the Supreme Court (General Civil Procedure) Rules 2005[2]—

(a)in paragraph (c), for "any" substitute "subject to paragraph (d), any";

(b)in paragraph (d), for "under Part 3 of Order 58" substitute "to which Order 3A of Chapter VI applies".

6Associate Judge to hear application

In Rule 77.03(2)(c) of the Supreme Court (General Civil Procedure) Rules 2005, for "under Rule 77.06" substitute "referred to in Rule 77.06".

7Rule 77.06 substituted

For Rule 77.06 of the Supreme Court (General Civil Procedure) Rules 2005 substitute—

"77.06   Appeals to Trial Division constituted by Judge of the Court

An appeal under section 17(3) of the Supreme Court Act 1986 to the Trial Division constituted by a Judge of the Court from a determination of the Trial Division constituted by an Associate Judge shall be brought in accordance with Rules 77.06.1 to 77.06.9.

Note

Special provision is made in Rule 16.5(1) of Chapter V in relation to Corporations matters.".

8Bringing an appeal

In Rule 77.06.1 of the Supreme Court (General Civil Procedure) Rules 2005, for "under Rule 77.06" substitute "referred to in Rule 77.06".

9Stay

In Rule 77.06.6(a) of the Supreme Court (General Civil Procedure) Rules 2005, for "under Rule 77.06" substitute "referred to in Rule 77.06".

10Cross-appeal

In Rule 77.06.7(1) of the Supreme Court (General Civil Procedure) Rules 2005, for "under Rule 77.06" substitute "referred to in Rule 77.06".

11Notice of contention

In Rule 77.06.8 of the Supreme Court (General Civil Procedure) Rules 2005, for "under Rule 77.06" substitute "referred to in Rule 77.06".

12Rules 77.06.9 and 77.07 substituted

For Rules 77.06.9 and 77.07 of the Supreme Court (General Civil Procedure) Rules 2005 substitute—

"77.06.9   Powers of Judge of the Court hearing appeal

(1)On an appeal referred to in Rule 77.06, a Judge of the Court shall have all the powers of the Court constituted by an Associate Judge.

(2)The Judge of the Court shall have power to—

(a)receive further evidence upon questions of fact, whether by oral examination in court, by affidavit, or by deposition taken before an examiner;

(b)draw inferences of fact;

(c)give any judgment and make any order which ought to have been given or made; and

(d)make any further or other order as the case may require.

(3)The powers of a Judge of the Court under this Rule may be exercised notwithstanding—

(a)that no notice of appeal has been given in respect of any particular part of the judgment or order of the Associate Judge which is the subject of the appeal or by any particular party to the proceeding before the Associate Judge; or

(b)that any ground for allowing the appeal or for affirming or varying the judgment or order of the Associate Judge is not specified in the notice of appeal.

77.07Appeal to the Court of Appeal

(1)For the purposes of sections 10(1)(ab) and 17(3) of the Supreme Court Act 1986—

(a)an appeal lies to the Court of Appeal (and not to the Trial Division) from the Trial Division constituted by an Associate Judge in respect of a matter referred to an Associate Judge under Rule 77.05;

(b)the appeal to the Court of Appeal may extend to any determination of the Trial Division constituted by the Associate Judge in respect of any matter related to the referred matter, even if the matter was within the authority of an Associate Judge apart from the referral; and

(c)if the referred matter was of a kind from which an appeal would lie from the determination of a Judge of the Court only by leave of the Court of Appeal, the appeal from the Trial Division constituted by an Associate Judge shall only be by leave of the Court of Appeal.

(2)For the purposes of sections 10(1)(ab) and 17(3) of the Supreme Court Act 1986, an appeal lies to the Court of Appeal from the Trial Division constituted by an Associate Judge from any judgment or order made at the trial of a proceeding—

(a)under Part 3.2 or Part 3.3 of Chapter 3 of the Relationships Act 2008;

(b)under section 84 or Part IV of the Property Law Act 1958; or

(c)for the recovery of land under Order 53.

(3)Order 64 applies to an appeal referred to in paragraph (1) or paragraph (2) with any necessary modification.

Note

Special provision is made in Rule 16.5(3) of Chapter V in relation to Corporations matters.".

Part 4—Consequential amendment of Chapter V

13Appeals

In Rule 16.5(3) of the Supreme Court (Corporations) Rules 2013[3]—

(a)for "For the purposes of sections 10(1)(ab) and 17(3) of the Supreme Court Act 1986 and subject to section 17A of that Act," substitute "Subject to section 17A of the Supreme Court Act 1986, for the purposes of sections 10(1)(ab) and 17(3) of that Act"; and

(b)after "Court of Appeal" insert "(and not to the Trial Division)".

Dated:    28 May 2015

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

MARK WEINBERG, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

S. G. E. McLEISH, J.A.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

ROSS ROBSON, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

C. MACAULAY, J.

G. J. DIGBY, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

J. T. RUSH, J.

JOANNE CAMERON, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

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Endnotes

[1] Rule 4: S.R. No. 12/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 207/2014.

[2] Rule 5: S.R. No. 148/2005. Reprint No. 6 as at 26 March 2015. Reprinted to S.R. No. 11/2015. Subsequently amended by S.R. Nos 29/2015 and 30/2015.

[3] Rule 13: S.R. No. 112/2013 as amended by S.R. Nos 48/2014, 10/2015 and 30/2015.