Untitled document
County Court (Chapter I Amendment No. 23) Rules 2008
S.R. No. 33/2008
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Rules 34A.02 to 34A.06 substituted
34A.02Court Lists
34A.03Damages and Compensation List
34A.04Divisions of Damages and Compensation List
34A.05Commercial List
34A.06Divisions of Commercial List
6Revocation of Rules 34A.07 and 34A.08
7Entry of proceeding in list
34A.09Entry of proceeding in list
8Mode of entry in list
9Transfer from one list to another
10Rule 34A.18 substituted
34A.18Application of this Part
11Time for first directions hearing
12Court books—Particular proceedings
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ENDNOTES
STATUTORY RULES 2008
S.R. No. 33/2008
County Court Act 1958
County Court (Chapter I Amendment No. 23) Rules 2008
A majority of the Judges of the County Court makes the following Rules:
1Object
The object of these Rules is to amend the County Court Rules of Procedure in Civil Proceedings 1999 to provide for various new and expanded Lists and Divisions.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 2 June 2008.
4Principal Rules
In these Rules, the County Court Rules of Procedure in Civil Proceedings 1999[1] are called the Principal Rules.
5Rules 34A.02 to 34A.06 substituted
For Rules 34A.02 to 34A.06 of the Principal Rules substitute—
"34A.02 Court Lists
The Registrar shall establish and maintain the following Court Lists—
(a)the Damages and Compensation List;
(b)the Commercial List.
34A.03Damages and Compensation List
The Damages and Compensation List shall consist of—
(a)any proceeding in which the plaintiff has in accordance with Rule 47.02(1) signified that the plaintiff desires to have the proceeding tried with a jury;
(b)any proceeding in which the plaintiff claims the recovery of damages—
(i)founded on tort (including breach of statutory duty);
(ii)for wrongful dismissal;
(c)any proceeding commenced by originating motion in which the plaintiff applies for an order under—
(i)section 23A of the Limitation of Actions Act 1958;
(ii)section 93 of the Transport Accident Act 1986;
(iii)section 134AB or 135A of the Accident Compensation Act 1985;
(iv)Order 32;
(v)section 6 of the Choice of Law (Limitation Periods) Act 1993;
(d)any claim arising under section 138 of the Accident Compensation Act 1985 or section 107 of the Transport Accident Act 1986;
(e)any proceeding under—
(i)the Accident Compensation Act 1985, except an application under section 134AB, a proceeding under section 135A or a claim arising under section 138; or
(ii)the Workers Compensation Act 1958.
34A.04Divisions of Damages and Compensation List
(1)The Damages and Compensation List shall be divided into—
(a)the General Division;
(b)the Defamation Division;
(c)the Medical Division;
(d)the Applications Division;
(e)the WorkCover Division; and
(f)the Serious Injury Division.
(2)The General Division shall consist of any proceeding in the Damages and Compensation List not in—
(a)the Defamation Division;
(b)the Medical Division;
(c)the Applications Division;
(d)the WorkCover Division; or
(e)the Serious Injury Division.
(3)The Defamation Division shall consist of any proceeding commenced by writ that includes a claim for defamation.
(4)The Medical Division shall consist of any proceeding that includes a claim for damages in respect of death or bodily injury resulting from medical or the like treatment or advice given in respect of any physical or mental condition.
(5)The Applications Division shall consist of any proceeding referred to in Rule 34A.03(c)(i), (iv) and (v) and any other proceeding commenced by originating motion, other than a proceeding referred to in paragraph (6) or (7) or Rule 34A.06(2).
(6)The Serious Injury Division shall consist of any proceeding referred to in Rule 34A.03(c)(ii) and (iii).
(7)The WorkCover Division shall consist of any proceeding under—
(a)the Accident Compensation Act 1985, except an application under section 134AB, a proceeding under section 135A or a claim arising under section 138; or
(b)the Workers Compensation Act 1958.
34A.05Commercial List
The Commercial List shall consist of—
(a)any proceeding in which the plaintiff claims the recovery of a debt, damages (other than damages referred to in Rule 34A.03) or any property;
(b)any proceeding relating to trusts;
(c)any appeal from or review of an order, decision or determination of a court or of a person or body, not being a court, in a civil proceeding which may be brought in or made by the Court by or under any Act; and
(d)any proceeding not entered in any other list.
34A.06Divisions of Commercial List
(1)The Commercial List shall be divided into—
(a)the General Division;
(b)the Expedited Cases Division;
(c)the Banking and Finance Division;
(d)the Family Property Division; and
(e)the Building Cases Division.
(2)The General Division—
(a)shall consist of any proceeding which—
(i)generally arises out of a commercial transaction; or
(ii)involves personal or real property; and
(b)may include a proceeding which does not fit within the definition of any other List or Division.
(3)The Expedited Cases Division shall consist of—
(a)any proceeding nominated by a plaintiff at the time of the issue of the proceeding to be included in the Division; or
(b)cases transferred to the Division upon the application of any party—
where it is appropriate that the proceeding receive an expedited hearing or be subject to more intensive case management.
(4)The Banking and Finance Division shall consist of any proceeding arising out of, concerning or related to, any transaction involving the provision of credit, including a proceeding concerning a mortgage or guarantee or for the recovery of possession of land.
(5)In paragraph (4), credit includes any form of financial accommodation.
(6)The Family Property Division shall consist of any proceeding in which orders are sought pursuant to Part IX of the Property Law Act 1958 or Part IV of the Administration and Probate Act 1958.
(7)The Building Cases Division shall consist of those proceedings arising out of, or in any way concerning, any agreement expressed or implied for—
(a)the design or carrying out of building works;
(b)the supervision or inspection of the construction of building works;
(c)the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of building works;
(d)the manufacture or provision of any materials for inclusion in building works.
(8)In paragraph (7), building works means building or engineering works of any description whatever.".
6Revocation of Rules 34A.07 and 34A.08
Rules 34A.07 and 34A.08 of the Principal Rules are revoked.
7Entry of proceeding in list
For Rule 34A.09 of the Principal Rules substitute—
"34A.09 Entry of proceeding in list
Every proceeding shall be entered in—
(a)a division of the Damages and Compensation List; or
(b)a division of the Commercial List.".
8Mode of entry in list
(1)For Rule 34A.10(3) of the Principal Rules substitute—
"(3)A proceeding commenced before the commencement of the County Court (Chapter I Amendment No. 23) Rules 2008, shall, on and from that commencement, be transferred by the Registrar to the list or division most closely corresponding to the list or division in which the proceeding was entered before those Rules commenced.".
(2)In Rule 34A.10 of the Principal Rules, paragraphs (4) and (5) are revoked.
9Transfer from one list to another
In Rule 34A.11(1) of the Principal Rules, omit "(including the Long Cases List)".
10Rule 34A.18 substituted
For Rule 34A.18 of the Principal Rules substitute—
"34A.18 Application of this Part
This Part applies to any proceeding in the Damages and Compensation List or the Commercial List.".
11Time for first directions hearing
For Rule 34A.24(1) of the Principal Rules substitute—
"(1)Not less than 35 days after the defendant has filed an appearance or, if there are two or more defendants, after the defendant who appears first has filed an appearance the Court may hold a directions hearing in the proceeding at a time and place which the Court appoints.".
12Court books—Particular proceedings
For Rule 34A.35(1) and (2) of the Principal Rules substitute—
"(1)This Rule applies to a proceeding that includes a claim for damages in respect of death or bodily injury.
(2)Not less than 7 days before the trial of a proceeding referred to in paragraph (1), the parties may agree to file a joint court book.".
Dated: 24 April 2008
| M. ROZENES, Chief Judge | T. G. WODAK |
| J. H. BARNETT | F. J. SHELTON |
| R. G. WILLIAMS | M. B. HARBISON |
| M. G. McINERNEY | T. D. WOOD |
| M. A. RIZKALLA | G. R. ANDERSON |
| L. D. PILGRIM | J. G. MORRISH |
| P. D. JENKINS | P. D. GRANT |
| J. R. BOWMAN | A. J. HOWARD |
| R. A. LEWITAN | L. A. HANNAN |
| M. E. SEXTON | M. D. MURPHY |
| F. E. HOGAN | M. E. KENNEDY |
| G. GULLACI | C. M. O'NEILL |
| R. F. PUNSHON | D. L. ALLEN |
| W. A. WILMOTH | P. G. MISSO |
| G. T. CHETTLE | K. L. BOURKE |
| F. MILLANE | J. M. J. PATRICK |
| S. S. DAVIS | P. M. E. WISCHUSEN |
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ENDNOTES
[1] Rule 4: S.R. No. 20/1999. Reprint No. 3 as at 25 January 2006. Reprinted to S.R. No. 168/2005 and subsequently amended by S.R. Nos 167/2006, 168/2006, 120/2007 and 127/2007.
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