Untitled document

Supreme Court (Chapter I Amendment No. 30) Rules 2011

S.R. No. 118/2011

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Mode of trial

5Rule 47.03 substituted

47.03Payment of jury fees

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 118/2011

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 30) 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 address an inconsistency between Rule 47.03 and section 24 of the Juries Act 2000 in relation to the payment of jury fees.

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 7 November 2011.

4Mode of trial

For Rule 47.02(1)(b) of the Supreme Court (General Civil Procedure) Rules 2005[1] substitute—

"(b)the prescribed fees for the purposes of section 24 of the Juries Act 2000 are paid.".

5Rule 47.03 substituted

For Rule 47.03 of the Supreme Court (General Civil Procedure) Rules 2005 substitute—

"47.03   Payment of jury fees

(1)A party requiring a proceeding to be tried with a jury shall pay the prescribed fees for the purposes of section 24 of the Juries Act 2000 to the Prothonotary.

(2)If a proceeding is to be tried with a jury because the defendant so signified by notice in writing, the prescribed fees shall be paid by the defendant to the Prothonotary within 14 days after the date is fixed for the trial of the proceeding.

(3)In case of a default under paragraph (1) or (2), the Court may order that the proceeding be tried without a jury.

Note

See also section 24(5) of the Juries Act 2000.

(4)The party requiring a proceeding to be tried with a jury must produce a copy of the receipt for payment of the prescribed fees or other proof of that payment to the associate to the Judge hearing the proceeding—

(a)before the trial commences;

(b)before the trial resumes on each day in relation to which the prescribed fees are payable or, if an order is made under section 24(4) of the Juries Act 2000, in accordance with that order.".

Dated:    27 October 2011

M. L. WARREN, C.J.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

PHILIP MANDIE, J.A.

D. L. HARPER, J.A.

H. R. HANSEN, J.A.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

STEPHEN KAYE, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, 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 and 78/2011.