Untitled document
County Court (Chapter I Amendment No. 2) Rules 2010
S.R. No. 145/2010
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Object
2Authorising provisions
3Commencement
4Principal Rules
PART 2—CERTIFICATION REQUIREMENTS UNDER THE CIVIL PROCEDURE ACT 2010
5Order 4 divided into Parts
6New Parts 2 and 3 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
4.12Making of certification
7New Forms 4A to 4C
Form 4A—Overarching Obligations Certification
Form 4B—Proper Basis Certification
Form 4C—Pre-litigation Requirements Compliance Certification
PART 3—DISCOVERY
8New Rule 29.01.1
29.01.1Scope of discovery
9Notice for discovery
10Affidavit of documents
11New Rules 29.05.1 and 29.05.2
29.05.1Order for general discovery
29.05.2Order for expanded discovery
12New Rule 29.16
29.16Transitional provision—County Court (Chapter I Amendment No. 2) Rules 2010
13Form 29B—affidavit of documents
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ENDNOTES
STATUTORY RULES 2010
S.R. No. 145/2010
County Court Act 1958
Civil Procedure Act 2010
County Court (Chapter I Amendment No. 2) Rules 2010
A majority of the Judges of the County Court makes the following Rules:
PART 1—PRELIMINARY
1Object
The object of these Rules is to amend Chapter I of the Rules of the County Court—
(a)to provide for forms of certification required under the Civil Procedure Act 2010;
(b)in relation to discovery of documents.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958, 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 County Court Civil Procedure Rules 2008[1] are called the Principal Rules.
__________________
PART 2—CERTIFICATION REQUIREMENTS UNDER THE CIVIL PROCEDURE ACT 2010
5Order 4 divided into Parts
Before Rule 4.01 of the Principal Rules insert the following heading—
"PART 1—GENERAL".
6New Parts 2 and 3 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 shall 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 shall 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 shall be in Form 4C.
4.12Making of certification
A certification required by Part 4.1 of Chapter 4 of the Civil Procedure Act 2010 is to be bound into or attached to the relevant document to which the certification relates.".
7New Forms 4A to 4C
Before Form 5A of the Principal Rules insert—
"Rule 4.09
FORM 4A
OVERARCHING OBLIGATIONS CERTIFICATION
[heading as in originating process]
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.
Date:
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]__________________
Rule 4.10
FORM 4B
PROPER BASIS CERTIFICATION
[heading as in originating process]
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.
Date:
Signed
*Delete if not applicable
__________________
Rule 4.11
FORM 4C
PRE-LITIGATION REQUIREMENTS COMPLIANCE CERTIFICATION
[heading as in originating process]
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].
Date:
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.
__________________".
__________________
PART 3—DISCOVERY
8New Rule 29.01.1
After Rule 29.01 of the Principal Rules insert—
29.01.1Scope of discovery"
(1)Unless the Court otherwise orders, discovery of documents pursuant to this Order is limited to the documents referred to in paragraph (3).
(2)Paragraph (1) applies despite any other rule of law to the contrary.
(3)Without limiting Rules 29.05 and 29.07, for the purposes of this Order, the documents required to be discovered are any of the following documents of which the party giving discovery is, after a reasonable search, aware at the time discovery is given—
(a)documents on which the party relies;
(b)documents that adversely affect the party's own case;
(c)documents that adversely affect another party's case;
(d)documents that support another party's case.
(4)Notwithstanding paragraph (3)—
(a)if a party giving discovery reasonably believes that a document is already in the possession of the party to which discovery is given, the party giving discovery is not required to discover that document;
(b)a party required to give discovery who has, or has had in his, her or its possession more than one copy, however made, of a particular document is not required to give discovery of additional copies by reason only of the fact that the original or any other copy is discoverable.
(5)For the purposes of paragraph (3), in making a reasonable search a party may take into account—
(a)the nature and complexity of the proceeding;
(b)the number of documents involved;
(c)the ease and cost of retrieving a document;
(d)the significance of any document to be found; and
(e)any other relevant matter.".
9Notice for discovery
In Rule 29.02(1) of the Principal Rules for "relating to any question raised by the pleadings" substitute "and which, in accordance with Rule 29.01.1, are required to be discovered".
10Affidavit of documents
At the end of Rule 29.04 of the Principal Rules insert—
"(2)If a party required to give discovery in accordance with Rule 29.01.1 does not, in making a reasonable search as required by Rule 29.01.1, search for a category or class of document, the party must include in the affidavit of documents a statement of—
(a)the category or class of document not searched for; and
(b)the reason why.".
11New Rules 29.05.1 and 29.05.2
After Rule 29.05 of the Principal Rules insert—
29.05.1Order for general discovery"
At any stage of a proceeding, the Court may order any party to give discovery in accordance with Rule 29.01.1.
29.05.2Order for expanded discovery
(1)At any stage of a proceeding, the Court may, by order, expand a party's obligation to give discovery beyond that required by Rule 29.01.1.
(2)Without limiting any power of the Court, an order under paragraph (1) may specify any document or class of document to which the expanded obligation relates.".
12New Rule 29.16
After Rule 29.15 of the Principal Rules insert—
"29.16 Transitional provision—County Court (Chapter I Amendment No. 2) Rules 2010
The amendments made to this Order by the County Court (Chapter I Amendment No. 2) Rules 2010 apply to any proceeding commenced on or after 1 January 2011.".
13Form 29B—affidavit of documents
(1)In Form 29B of the Principal Rules—
(a)in clause 1 for "relating to the questions in this proceeding enumerated in Schedule 1" substitute "enumerated in Schedule 1 which are required to be discovered";
(b)in clause 3 for "document relating to the questions in the proceeding enumerated in Schedule 2" substitute "documents enumerated in Schedule 2 which are required to be discovered";
(c)in clause 5 for "relating to any question in the proceeding" substitute "required to be discovered".
(2)In Form 29B of the Principal Rules, after clause 5 insert—
"*6.In making a reasonable search as required by Rule 29.01.1 of Chapter I of the Rules of the County Court, I did not search for the following category or class of document [specify which category or class of document for which no search was made].
*7.The reason why I did not make a search for the category or class of documents referred to in clause 6 is [specify reason].".
(3)In Form 29B of the Principal Rules at the end of the Form insert—
"*Delete if not applicable.".
Dated: 23 November 2010
| M. ROZENES, Chief Judge | I. E. LAWSON |
| M. G. McINERNEY | E. M. GAYNOR |
| F. J. SHELTON | P. J. COISH |
| G. R. ANDERSON | J. A. CAMPTON |
| P. D. JENKINS | W. A. WILMOTH |
| J. R. BOWMAN | G. T. CHETTLE |
| R. A. LEWITAN | J. G. MORRISH |
| J. A. SMALLWOOD | D. A. PARSONS |
| M. E. SEXTON | L. A. HANNAN |
| F. E. HOGAN | M. D. MURPHY |
| C. M. O'NEILL | F. SACCARDO |
| P. G. MISSO | G. P. MULLALY |
| K. L. BOURKE | T. J. GINNANE |
| P. M. E. WISCHUSEN | J. L. PARRISH |
| P. G. LACAVA | M. H. TINNEY |
| F. R. GUCCIARDO | G. T. CANNON |
| P. M. TAFT |
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ENDNOTES
[1] Rule 4: S.R. No. 148/2008 as amended by S.R. Nos 182/2009, 184/2009 and 185/2009.
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