Untitled document

Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010

S.R. No. 152/2010

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Order 4 divided into Parts

6New Part 2 of Order 4

PART 2—CERTIFICATION REQUIREMENTS ON COMMENCEMENT OF PROCEEDINGS

4.09Overarching obligations certification

4.10Proper basis certification

4.11Pre-litigation requirements compliance certification

7New Forms 4A to 4C

Form 4A—Overarching Obligations Certification

Form 4B—Proper Basis Certification

Form 4C—Pre-litigation Requirements Compliance Certification

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 152/2010

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the Magistrates' Court to provide for forms of certification required under the Civil Procedure Act 2010.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989, section 70 of the Civil Procedure Act 2010 and all other enabling powers.

3Commencement

These Rules come into operation on 1 January 2011.

4Principal Rules

In these Rules, the Magistrates' Court General Civil Procedure Rules 2010[1] are called the Principal Rules.

5Order 4 divided into Parts

Before Rule 4.01 of the Principal Rules insert the following heading—

PART 1—GENERAL"".

6New Part 2 of Order 4

After Rule 4.08 of the Principal Rules insert—

PART 2—CERTIFICATION REQUIREMENTS ON COMMENCEMENT OF PROCEEDINGS"

4.09Overarching obligations certification

For the purposes of section 41(2) of the Civil Procedure Act 2010 the overarching obligations certification must be in Form 4A.

4.10Proper basis certification

For the purposes of section 42(2) of the Civil Procedure Act 2010 the proper basis certification must be in Form 4B.

4.11Pre-litigation requirements compliance certification

For the purposes of section 43(3) of the Civil Procedure Act 2010 the pre-litigation requirements compliance certification must be in Form 4C.".

7New Forms 4A to 4C

Before Form 5A of the Principal Rules insert—

FORM 4A"

Rule 4.09

OVERARCHING OBLIGATIONS CERTIFICATION

[heading as in Form 5A]

In accordance with section 41 of the Civil Procedure Act 2010, I [name of party] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act.

Dated: [e.g. 5 September, 20    ].

Signed

[To be signed personally by party
 or if party is represented by a litigation guardian
or similar representative,
 by that litigation guardian or representative]

__________________

FORM 4B

Rule 4.10

PROPER BASIS CERTIFICATION

[heading as in Form 5A]

In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, in relation to the document [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present:

(a)each allegation of fact in the document has a proper basis;

*(b)each denial in the document has a proper basis;

*(c)there is a proper basis for each non-admission in the document.

Dated: [e.g. 5 September, 20    ].

Signed

*Delete if not applicable

__________________

FORM 4C

Rule 4.11

PRE-LITIGATION REQUIREMENTS COMPLIANCE CERTIFICATION

[heading as in Form 5A]

In accordance with section 43 of the Civil Procedure Act 2010, I [name of party or party's legal practitioner] certify to the Court that:

*I have/*[Name of party] has complied with the pre‑litigation requirements set out in section 34 of that Act.

OR

*I have/*[Name of party] has not undertaken the pre‑litigation requirements set out in section 34 of that Act for the following reasons:

[specify briefly reasons for not undertaking pre-litigation requirements].

Dated: [e.g. 5 September, 20    ].

Signed

*Delete if not applicable

Note

See section 32 of the Civil Procedure Act 2010 for the types of proceedings or disputes for which this certification is not required.

__________________".

Dated:    21 December 2010

IAN L. GRAY,

Chief Magistrate

PETER HENRY LAURITSEN,

Deputy Chief Magistrate

LANCE IVAN MARTIN,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 140/2010.