Untitled document

Supreme Court (Chapter I Amendment No. 23) Rules 2011

S.R. No. 7/2011

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Filing of originating process

6Affidavit of service

7Rules 36.03 and 36.04 substituted

36.03Amendment of writ or other originating process before service and disallowance of amendment

36.04Amendment of pleading and disallowance of
amendment

═══════════════

ENDNOTES

STATUTORY RULES 2011

S.R. No. 7/2011

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 23) 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 for—

(a)an affidavit of service to have exhibited a copy of a sealed original document rather than a sealed copy; and

(b)the amendment of writs or other originating process before service.

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 February 2011.

4Principal Rules

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

5Filing of originating process

(1)In Rule 5.11(3) of the Principal Rules omit "and proof of service".

(2)In Rule 5.11(5)(a) of the Principal Rules omit "or proof of service".

6Affidavit of service

In Rule 6.17(3) of the Principal Rules for "sealed copy of the originating process" substitute "copy of the sealed originating process".

7Rules 36.03 and 36.04 substituted

For Rules 36.03 and 36.04 of the Principal Rules substitute—

36.03Amendment of writ or other originating process before service and disallowance of amendment"

(1)With leave of the Prothonotary or of the Court, a party may amend a writ or other originating process if—

(a)the writ or other originating process has not been served on the defendant or other party to the proceeding;

(b)the party seeking to amend files an affidavit stating that service of the original writ or other originating process on the defendant or other party to the proceeding has not occurred; and

(c)all sealed copies of the writ or other originating process and other documents filed with the writ or other originating process are returned to the Court.

(2)Each amendment under paragraph (1) shall be made in such a way as to distinguish the amendment from the original writ or other originating process.

(3)Where a party amends a writ or other originating process in accordance with paragraph (1), the Court may, on application by any other party made within 21 days after service of the amended writ or other originating process on that party—

(a)disallow the amendment; or

(b)allow it either wholly or in part.

36.04Amendment of pleading and disallowance of amendment

(1)A party may amend any pleading served by that party—

(a)once before the close of pleadings; or

(b)at any time by leave of the Court or with the consent of all other parties.

(2)Where a party amends a pleading in accordance with paragraph (1)(a), the Court may, on application by any other party made within 21 days after service of the amended pleading on that party—

(a)disallow the amendment; or

(b)allow it either wholly or in part.".

Dated:    24 February 2011

M. L. WARREN, C.J.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

PHILIP MANDIE, J.A.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

KARIN EMERTON, J.

IAIN ROSS, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

═══════════════

ENDNOTES

[1]

Rule 4: S.R. No. 148/2005.  Reprint No. 2 as at 1 November 2009.  Reprinted to S.R. No. 109/2009.  Subsequently amended by

S.R. Nos 60/2009, 97/2009, 132/2009, 144/2009, 146/2009, 22/2010, 23/2010, 53/2010, 55/2010, 100/2010, 142/2010, 143/2010, 144/2010, 147/2010 and 148/2010.