Untitled document

Supreme Court (Chapter I Amendment No. 31) Rules 2011

S.R. No. 133/2011

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definitions

6Application of money

7Part 4 heading inserted

PART 4—PROCEEDING IN ANOTHER COURT

8New Part 5

PART 5—AUTHORITY OF THE JUDICIAL REGISTRAR

79.11References to Senior Master include other Associate Judges

79.12Authority

79.13Reference by Senior Master to the judicial registrar

79.14Powers

79.15Reference by the judicial registrar to Senior Master

79.16Appeals

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 133/2011

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 31) Rules 2011

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 that a judicial registrar may determine applications for payments out of court of certain money held as funds in court by the Senior Master and to make other amendments to Order 79.

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 28 November 2011.

4Principal Rules

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

5Definitions

(1)In Rule 79.01 of the Principal Rules insert the following definitions—

"handicapped person means a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs;

the judicial registrar  means the judicial registrar assigned by the Chief Justice to Funds in Court.".

(2)In Rule 79.01 of the Principal Rules, in the definition of order, for "judgment." substitute "judgment;".

6Application of money

For Rule 79.02(1) of the Principal Rules substitute—

"(1)This Rule applies where money is paid into court under—

(a)an order of the Court; or

(b)section 39C of the County Court Act 1958; or

(c)section 101B of the Magistrates' Court Act 1989; or

(d)section 70A of the Victims of Crime Assistance Act 1996.".

7Part 4 heading inserted

After Rule 79.09 of the Principal Rules insert the following heading—

PART 4—PROCEEDING IN ANOTHER COURT"".

8New Part 5

After Rule 79.10 of the Principal Rules insert—

PART 5—AUTHORITY OF THE JUDICIAL REGISTRAR"

79.11References to Senior Master include other Associate Judges

For the purposes of this Part (other than Rule 79.16(3)), in the absence of the Senior Master, a reference to the Senior Master is taken to include a reference to another Associate Judge.

79.12Authority

The judicial registrar may make any order under Rule 79.02(2) other than an order involving a determination that an applicant for payment out of money in court is not a handicapped person.

79.13Reference by Senior Master to the judicial registrar

(1)If an application for an order under Rule 79.02(2) before the Senior Master, which would otherwise not be within the authority of the judicial registrar under Rule 79.12, appears to the Senior Master to be proper for determination by the judicial registrar, the Senior Master, by order, may refer the application to the judicial registrar.

(2)If the Senior Master refers an application under paragraph (1), the judicial registrar may—

(a)determine the application, subject to any directions in the order referring the application; or

(b)refer the application back to the Senior Master in accordance with Rule 79.15.

79.14Powers

For the purposes of Rules 79.12 and 79.13—

(a)the judicial registrar may constitute the Trial Division of the Court; and

(b)the power of the Trial Division of the Court to make an order under those Rules is delegated to the judicial registrar.

79.15Reference by the judicial registrar to Senior Master

(1)Where an application for a payment under Rule 79.02(2) appears to the judicial registrar to be proper for the determination of the Senior Master rather than the judicial registrar, the judicial registrar shall refer the application to the Senior Master.

(2)The Senior Master may—

(a)determine the application; or

(b)refer the application back to the judicial registrar with directions.

(3)The judicial registrar may refer any question arising on an application to the judicial registrar to the Senior Master for directions.

79.16Appeals

(1)Any person aggrieved by an order of the judicial registrar dismissing, or dismissing in part, an application for a payment under Rule 79.02(2) may appeal that dismissal to the Court constituted by the Senior Master within one month of the notification of the order to the applicant.

(2)Within five days of the making of an order by the judicial registrar granting, or granting in part, an application for a payment under Rule 79.02(2), any person aggrieved by the order may appeal that grant to the Court constituted by the Senior Master 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.

(3)The Senior Master, from time to time, may publish directions regarding the institution of an appeal under this Rule.

(4)Unless the Senior Master otherwise directs, an appeal under this Rule shall be determined without the attendance of, and without hearing, the parties.

(5)In determining an appeal under this Rule, the Senior Master may exercise all the powers of an Associate Judge and may—

(a)dismiss the appeal;

(b)allow the appeal and—

(i)set aside or vary the order of the judicial registrar; or

(ii)substitute a different order; or

(iii)refer the application back to the judicial registrar for further determination;

(c)make any other order that the Senior Master considers appropriate.

(6)Unless the Senior Master otherwise orders, an appeal under paragraph (2) operates as a stay of execution of the order of the judicial registrar.".

Dated: 24 November 2011

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

PHILIP MANDIE, J.A.

BERNARD D. BONGIORNO, J.A.

H. R. HANSEN, J.A.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

TERRY FORREST, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

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ENDNOTES

[1]

Rule 4: S.R. No. 148/2005.  Reprint No. 3 as at 28 February 2011.  Reprinted to S.R. No. 8/2011.  Subsequently amended by

S.R. Nos 15/2011, 26/2011, 53/2011, 77/2011, 78/2011, 118/2011 and 119/2011.