Untitled document

Supreme Court (Chapter I Amendment No. 19) Rules 2010

S.R. No. 100/2010

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

4Principal Rules

PART 2—SERVICE IN FOREIGN COUNTRIES OTHER THAN UNDER THE HAGUE CONVENTION

5Application of Part 2 of Order 7

6Request and undertaking

7Revocation of rules 6 and 8 of the Supreme Court (Chapter I Amendment No. 14) Rules 2009

PART 3—AMENDMENTS TO ORDER 29

8Scope of discovery

9Form 29B

═══════════════

ENDNOTES

STATUTORY RULES 2010

S.R. No. 100/2010

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 19) Rules 2010

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend Chapter I of the Supreme Court Rules to—

(a)make further provision in relation to service in overseas jurisdictions which are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and in those countries which are not signatories;

(b)make minor amendments to Order 29 relating to discovery of documents.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

(1)These Rules, except Rules 5, 6 and Part 3, come into operation on 4 October 2010.

(2)Rules 5 and 6 come into operation on 1 November 2010.

(3)Part 3 comes 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.

__________________

PART 2—SERVICE IN FOREIGN COUNTRIES OTHER THAN UNDER THE HAGUE CONVENTION

5Application of Part 2 of Order 7

(1)For Rule 7.09(a) of the Principal Rules substitute—

"(a)in a country that is not a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; or".

(2)At the foot of Rule 7.09 of the Principal Rules insert—

"Note

Order 80 applies to countries to which the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applies.".

6Request and undertaking

(1)In Rule 7.12(1)(a) of the Principal Rules after "person;" insert "and".

(2)Rule 7.12(1)(b) of the Principal Rules is revoked.

7Revocation of rules 6 and 8 of the Supreme Court (Chapter I Amendment No. 14) Rules 2009

Rules 6 and 8 of the Supreme Court (Chapter I Amendment No. 14) Rules 2009[2] are revoked.

__________________

PART 3—AMENDMENTS TO ORDER 29

8Scope of discovery

In Rule 29.01.1(2) of the Principal Rules for "rule or law" substitute "rule of law".

9Form 29B

In clause 3 of Form 29B of the Principal Rules for "would have been" substitute "are".

Dated: 30 September 2010

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

MARCIA NEAVE, J.A.

PHILIP MANDIE, J.A.

D. L. HARPER, J.A.

PAMELA TATE, J.A.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

ROSS ROBSON, J.

JACK FORREST, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

KARIN EMERTON, J.

IAIN ROSS, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 148/2005.  Reprint No. 2 incorporating amendments 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, 22/2010, 23/2010, 53/2010 and 55/2010.

[2] Rule 7: S.R. No. 60/2009.