Untitled document

County Court (Chapter I Amendment No. 14) Rules 2004

S.R. No. 180/2004

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.Change of name by corporation

6.Consent to judgment or order by parties not in attendance

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 180/2004

County Court Act 1958

County Court (Chapter I Amendment No. 14) Rules 2004

A majority of the Judges of the County Court makes the following Rules:

1.Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2.Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3.Commencement

These Rules come into operation on 1 January 2005.

4.Principal Rules

In these Rules, the County Court Rules of Procedure in Civil Proceedings 1999[1] are called the Principal Rules.

5.Change of name by corporation

At the end of Rule 1.17 of the Principal Rules insert—

'(2)If a corporation a party to a proceeding in the Court changes its name it shall—

(a)file written notice of the change of name in the Registrar's office; and

(b)serve a copy of that notice on all other parties to the proceeding.

(3)The notice shall—

(a)bear the title of the proceeding showing the name of the corporation before the change; and

(b)specify the new name of the corporation and the date on which the name was changed.

(4)After a corporation has filed a notice of change of name, the corporation shall be given its new name in all documents filed in the proceeding followed by the phrase "(formerly [old name])".'.

6.Consent to judgment or order by parties not in attendance

(1)Insert the following heading to Rule 59.07 of the Principal Rules—

"Consent to judgment or order by parties not in attendance".

(2)For Rule 59.07(1) of the Principal Rules substitute—

"(1)Where parties to a proceeding are agreed upon the terms in which a judgment should be given, or an order made, in the proceeding, the Court may, if satisfied that the parties who are to be bound consent, give judgment or make an order in those terms without requiring the attendance of the parties.".

(3)In Rule 59.07(2) of the Principal Rules omit "which is produced to the Court by the party applying for the judgment or order".

(4)After Rule 59.07(3) of the Principal Rules insert—

"(4)Notwithstanding paragraph (1), the Court may require a party to attend upon the giving of a judgment or the making of an order in the proceeding.".

Dated: 9 December 2004

MICHAEL ROZENES	JOHN BOWMAN
F. G. DYETT	J. NICHOLSON
L. S. OSTROWSKI	J. A. SMALLWOOD
J. T. DUGGAN	S. M. COHEN
J. H. BARNETT	M. E. SEXTON
E. H. CURTAIN	F. E. HOGAN
FRED DAVEY	I. E. LAWSON
DAVID MORROW	M. P. BOURKE
T. G. WODAK	P. J. COISH
F. J. SHELTON	K. R. HOWIE
A. P. DUCKETT	J. A. CAMPTON
MARILYN HARBISON	R. F. PUNSHON
TIM WOOD	W. A. WILMOTH
G. R. ANDERSON	F. MILLANE
LANSELL PILGRIM	W. H. MORGAN-PAYLER
P. D. JENKINS	S. S. DAVIS

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ENDNOTES

[1] Rule 4: S.R. No. 20/1999.  Reprint No. 2 incorporating amendments as at 13 March 2003.  Subsequently amended by S.R. Nos 109/2003, 138/2003 and 72/2004.