Untitled document

Supreme Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013

S.R. No. 119/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Time for appearance

6Form 5A amended

7Form 5B amended

8Form 10A amended

9Form 11A amended

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 119/2013

Supreme Court Act 1986

Supreme Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to provide for the time period for filing an appearance by a defendant served with originating process in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth.

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 11 October 2013.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.

5Time for appearance

In Rule 8.04 of the Principal Rules—

(a)in paragraph (c) omit "in New Zealand or";

(b)for paragraph (d) substitute—

"(d)where the originating process is to be served in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, not less than 42 days after service.".

6Form 5A amended

In Form 5A of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the writ in Papua New Guinea, within 28 days after service;

(d)where you are served with the writ in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the writ.".

7Form 5B amended

In Form 5B of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows:" substitute—

"(c)where you are served with the originating motion in Papua New Guinea, within 28 days after service;

(d)where you are served with the originating motion in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the originating motion.".

8Form 10A amended

In Form 10A of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the counterclaim in Papua New Guinea, within 28 days after service;

(d)where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the counterclaim.".

9Form 11A amended

In Form 11A of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the notice in Papua New Guinea, within 28 days after service;

(d)where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the notice.".

Dated:    26 September 2013

M. L. WARREN, C.J.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

MARCIA NEAVE, J.A.

MARK WEINBERG, J.A.

PAMELA TATE, J.A.

SIMON P. WHELAN, J.A.

PHILLIP PRIEST, J.A.

PAUL COGHLAN, J.A.

J. G. SANTAMARIA, J.A.

K. WILLIAMS, J.

STEPHEN KAYE, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

JACK FORREST, J.

PETER VICKERY, J.

DAVID F. R. BEACH, J.

TERRY FORREST, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

GREG GARDE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

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ENDNOTES

[1] Rule 4:  S.R. No. 148/2005.  Reprint No. 4 as at 17 September 2012.  Reprinted to S.R. No. 97/2012 and subsequently amended by S.R. Nos 39/2012, 121/2012, 140/2012, 141/2012, 142/2012, 27/2013, 48/2013 and 90/2013.