Untitled document

Supreme Court (Chapter I Amendment No. 21) Rules 2010

S.R. No. 143/2010

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. 143/2010

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 21) Rules 2010

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 forms of certification required under the Civil Procedure Act 2010.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, 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 Supreme Court (General Civil Procedure) Rules 2005[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 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.".

7New Forms 4A to 4C

Before Form 5A of the Principal Rules insert—

"FORM 4A

Rule 4.09

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]

__________________

FORM 4B

Rule 4.10

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.

__________________

FORM 4C

Rule 4.11

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/*The party has [name of party] complied with the pre-litigation requirements set out in section 34 of that Act.

OR

*I have/*The party has [name of party] 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.

__________________".

Dated:    28 October 2010

M. L. WARREN, C.J.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

PHILIP MANDIE, J.A.

BERNARD D. BONGIORNO, J.A.

D. L. HARPER, J.A.

H. R. HANSEN, J.A.

PAMELA TATE, J.A.

R. S. OSBORN, J.

STEPHEN KAYE, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

LEX LASRY, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

KARIN EMERTON, J.

CLYDE CROFT, 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. 2 as at 1 November 2009.  Reprinted to S.R. No. 109/2009 and subsequently amended by S.R. Nos 60/2009, 97/2009, 132/2009, 144/2009, 146/2009, 22/1010, 23/2010, 55/2010 and 100/2010.