Untitled document

Supreme Court (Chapter I Amendment No. 6) Rules 2006

S.R. No. 171/2006

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.Rule 64.21 substituted

64.21Directions and powers of Masters

6.Jurisdiction and powers exercisable by a single Judge of Appeal

7.Exercise of powers of a Master

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 171/2006

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 6) Rules 2006

The Judges of the Supreme Court make the following Rules:

1.Object

The object of these Rules is to amend Chapter I to provide Masters with more extensive powers in relation to civil appeals, and for the review of orders or directions made or given by Masters by a single Judge of Appeal.

2.Authorising provisions

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

3.Commencement

These Rules come into operation on 29 January 2007.

4.Principal Rules

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

5.Rule 64.21 substituted

For Rule 64.21 of the Principal Rules substitute—

"64.21Directions and powers of Masters

(1)The Registrar or another Master may at any time of his or her own motion or on application give directions in relation to an appeal, application or other proceeding in the Court of Appeal.

(2)The Registrar or another Master may make such order for costs as he or she thinks fit in relation to the exercise of any power conferred upon him or her under this Order.

(3)The Court of Appeal, the Registrar or another Master may, with or without the consent of any party, order that an appeal, application or other proceeding in the Court of Appeal be referred to a mediator.

(4)Rules 50.07 and 50.07.1 apply with any necessary modification to an appeal, application or other proceeding in the Court of Appeal which is referred to a mediator in accordance with paragraph (3).

(5)Notwithstanding any direction given or order made by the Registrar or another Master, the Court of Appeal may at any time of its own motion or on application give directions in relation to an appeal, application or other proceeding before it.

(6)Without limiting the generality of paragraph (5), the Court of Appeal may upon application by any party to an appeal, application or other proceeding in the Court of Appeal, set aside or vary any direction given or order made by the Registrar or another Master.

(7)If an application under paragraph (6) is refused and costs are ordered against the party making that application, such costs may be ordered on an indemnity basis.".

6.Jurisdiction and powers exercisable by a single Judge of Appeal

After Rule 64.26(1)(n) of the Principal Rules insert—

"(na)for an order under Rule 64.21(6) setting aside or varying any direction given or order made by the Registrar or another Master;".

7.Exercise of powers of a Master

In Rule 64.28 of the Principal Rules, for "In the absence of the Registrar or at his or her request, any" substitute "Any".

Dated:    15 December 2006

CHRISTOPHER MAXWELL, P.

ALEX CHERNOV, J.A.

F. H. R. VINCENT, J.A.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

T. H. SMITH, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

SIMON P. WHELAN, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

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ENDNOTES

[1] Rule 4: S.R. No. 148/2005.  Subsequently amended by S.R. Nos 43/2006, 98/2006, 102/2006, 162/2006 and 169/2006.