Untitled document

Supreme Court (Chapter I Amendment No. 29) Rules 2005

S.R. No. 125/2005

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

PART 2—SUBPOENA BEFORE PROTHONOTARY

5.Subpoena before Prothonotary

6.Amendment of Forms

PART 3—MEDIATION BY MASTERS

7.Order 50 heading amended

8.Reference to mediator

9.New Rule 50.07.1

50.07.1Mediation by Master

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 125/2005

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 29) Rules 2005

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1.Object

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

(a)to clarify the application of Order 42 and to provide for grounds to be stated in a notice of objection under Rule 42.10;

(b)to provide for mediation by Masters.

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 10 October 2005.

4.Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 1996[1] are called the Principal Rules.

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PART 2—SUBPOENA BEFORE PROTHONOTARY

5.Subpoena before Prothonotary

(1)For Rule 42.10(1) of the Principal Rules substitute—

"(1)This Rule applies where a party who has a solicitor in the proceeding seeks to require a person not a party to produce any document for evidence before—

(a)the hearing of an interlocutory or other application in the proceeding; or

(b)the trial of the proceeding.".

(2)In Rule 42.10(8) of the Principal Rules, after "that objection" insert "and state the grounds of that objection".

(3)In Rule 42.10(9) of the Principal Rules, after "that objection" insert "and state the grounds of that objection".

(4)In Rule 42.10(9.1) of the Principal Rules, after "that objection" insert "and the grounds of that objection".

(5)In Rule 42.10(11) of the Principal Rules, after "the objection" (where first occurring) insert

"and the grounds of that objection".

6.Amendment of Forms

(1)In Form 42E of the Principal Rules under the heading "FURTHER NOTES"—

(a)in item 1, after "your objection" (where first occurring) insert "and the grounds of that objection";

(b)in item 2—

(i)after "your objection" (where first occurring) insert "and the grounds of that objection";

(ii)after "your objection" (where thirdly occurring) insert "and the grounds of that objection".

(2)In Form 42F of the Principal Rules under the heading "FURTHER NOTES"—

(a)in item 1, after "its objection" (where first occurring) insert "and the grounds of that objection";

(b)in item 2—

(i)after "your objection" (where first occurring) insert "and the grounds of that objection";

(ii)after "your objection" (where thirdly occurring) insert "and the grounds of that objection".

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PART 3—MEDIATION BY MASTERS

7.Order 50 heading amended

In the heading to Order 50 of the Principal Rules, omit "OUT OF COURT".

8.Reference to mediator

After Rule 50.07(9) of the Principal Rules insert—

"(10)This Rule does not apply to the reference of a proceeding or any part of a proceeding to mediation by a Master under Rule 50.07.1.".

9.New Rule 50.07.1

After Rule 50.07 of the Principal Rules insert—

"50.07.1Mediation by Master

(1)Without limiting Rule 50.07(1), at any stage of a proceeding a Master may, with or without the consent of any party—

(a)of his or her own motion; or

(b)on the reference of a Judge—

order that the proceeding or any part of the proceeding be mediated by the Master.

(2)If a Master undertakes a mediation, the Master may give any direction with respect to the conduct of the mediation as the Master thinks fit.

(3)Except so far as the Master otherwise orders, an order for mediation under this Rule shall not operate as a stay of the proceeding.

(4)Except as all the parties who attend the mediation in writing agree, no evidence shall be admitted of anything said or done by any person at the mediation.

(5)An agreement referred to in paragraph (4) may be made at the mediation or later.".

Dated:    6 October 2005

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

W. F. ORMISTON, J.A.

PETER BUCHANAN, J.A.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

T. H. SMITH, J.

JOHN COLDREY, J.

D. L. HARPER, J.

PHILIP MANDIE, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

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ENDNOTES

[1] Rule 4: S.R. No. 19/1996.  Reprint No. 5 as at 1 January 2005.