Untitled document

Supreme Court (Chapter I Amendment No. 17) Rules 2010

S.R. No. 22/2010

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rule 60.02 substituted

60.02Mode of authentication

6Rule 60.04 revoked

7Consequential amendments

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 22/2010

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 17) 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 clarify the manner of authentication of judgments and orders.

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 1 May 2010.

4Principal Rules

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

5Rule 60.02 substituted

For Rule 60.02 of the Principal Rules substitute—

"60.02   Mode of authentication

(1)Subject to paragraph (4), a judgment or order is authenticated when a form of the judgment or a form of the order, as the case requires—

(a)drawn up and settled in accordance with this Order, is sealed by the Prothonotary with the seal of the Court; or

(b)is signed by the Judge of the Court or the Associate Judge giving the judgment or making the order.

(2)A Judge of the Court or an Associate Judge who gives a judgment or makes an order may direct that the form of judgment or form of order be drawn up by a party and signed by the Judge of the Court or the Associate Judge.

(3)Where a Judge of the Court or an Associate Judge is unable for sufficient cause to sign a judgment or an order, it may be signed by another Judge of the Court or Associate Judge, as the case requires.

(4)A judgment or an order under Rule 59.06 is authenticated as provided in that Rule.".

6Rule 60.04 revoked

Rule 60.04 of the Principal Rules is revoked.

7Consequential amendments

In the Principal Rules—

(a)in Rule 37A.07(2)(a) for "Rule 60.04" substitute "Rule 60.02(1)(b)";

(b)in Rule 37B.08(1)(a) for "Rule 60.04" substitute "Rule 60.02(1)(b)".

Dated:    29 April 2010

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

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.

DAVID BYRNE, J.

H. R. HANSEN, J.

R. S. OSBORN, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

JENNIFER DAVIES, J.

TERRY FORREST, J.

KARIN EMERTON, J.

IAIN ROSS, J.

CLYDE CROFT, 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 and 146/2009.