Untitled document

Supreme Court (Judicial Registrars Further Amendment) Rules 2015

S.R. No. 30/2015

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Authority of judicial registrars

5Appeal from determination by a judicial registrar

6New Rule 84.14 inserted

7Consideration by Associate Judge or judicial registrar

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Endnotes

STATUTORY RULES 2015

S.R. No. 30/2015

Supreme Court Act 1986

Supreme Court (Judicial Registrars Further Amendment) Rules 2015

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is—

(a)to amend Chapter I of the Rules of the Supreme Court in relation to the exercise of powers under Order 79 by the judicial registrar assigned by the Chief Justice to Funds in Court; and

(b)to make a minor technical amendment to Chapter V of the Rules of the Supreme Court.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 4 May 2015.

4Authority of judicial registrars

In the note at the foot of Rule 84.02 of the Supreme Court (General Civil Procedure) Rules 2005[1], after "Order 67" insert "or Order 79".

5Appeal from determination by a judicial registrar

(1)In Rule 84.05(2) of the Supreme Court (General Civil Procedure) Rules 2005—

(a)in paragraph (b), for "Act; or" substitute "Act;";

(b)in paragraph (c), for "1984." substitute "1984; or".

(2)After Rule 84.05(2)(c) of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"(d)acting as the judicial registrar under Order 79 (Funds in Court).".

6New Rule 84.14 inserted

After Rule 84.13 of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"84.14   Transitional

(1)If an appeal has been brought or purportedly brought to a Judge under Rule 84.05 between 1 March 2015 and the commencement of the Supreme Court (Judicial Registrars Further Amendment) Rules 2015 from an order of the judicial registrar dismissing, or dismissing in part, an application for a payment under Rule 79.02(2) and the hearing of the appeal has not begun—

(a)that appeal is taken to be an appeal to the Court constituted by the Senior Master duly instituted under Rule 79.16(1); and

(b)paragraphs (3), (4), (5) and (6) of Rule 79.16 apply, so far as practicable, to that appeal.

(2)If an appeal has been brought or purportedly brought to a Judge under Rule 84.05 between 1 March 2015 and the commencement of the Supreme Court (Judicial Registrars Further Amendment) Rules 2015 from an order of the judicial registrar granting, or granting in part, an application for a payment under Rule 79.02(2) and the hearing of the appeal has not begun—

(a)that appeal is taken to be an appeal to the Court constituted by the Senior Master duly instituted under Rule 79.16(2) on the ground that the payment would not be in the best interests of the person for whom the Senior Master holds money in court; and

(b)paragraphs (3), (4), (5) and (6) of Rule 79.16 apply, so far as practicable, to that appeal.".

7Consideration by Associate Judge or judicial registrar

In Rule 16.9(2) of the Supreme Court (Corporations) Rules 2013[2], before "satisfied" insert "if".

Dated:    30 April 2015

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

PAMELA TATE, J.A.

R. S. OSBORN, J.A.

PHILLIP PRIEST, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

ANNE FERGUSON, J.A.

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

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

JOANNE CAMERON, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

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ENDNOTES

[1] Rule 4: S.R. No. 148/2005. Reprint No. 6 as at 26 March 2015. Reprinted to S.R. No. 11/2015.

[2] Rule 7: S.R. No. 112/2013 as amended by S.R. Nos 48/2014 and 10/2015.