Warden's Court (Miscellaneous) Variation Rules 2020 (SA)
South Australia
Warden's Court (Miscellaneous) Variation Rules 2020
under section 66 of the Mining Act 1971
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Warden's Court Rules 2016
4 Insertion of rule 2A
2A Transition
5 Variation of rule 3—Interpretation
6 Insertion of rules 3A to 3E
3A Powers of Court
3B Electronic court management system
3C Registered users
3D Originals of documents uploaded into Electronic System
3E Official record of the Court
7 Variation of rule 4—Failure to comply with rules
8 Insertion of rule 4A
4A Prescribed forms
9 Revocation of rule 5
10 Variation and redesignation of rule 6—Commencement of action
11 Insertion of rule 6
6 Review or appeal of decision
12 Variation of rule 7—Procedure on receipt of plaint note
13 Substitution of rule 10
10 Representation at hearing of proceeding
14 Variation of rule 11—Particulars
15 Variation of rule 13—Extract from Mining Register
16 Substitution of rules 14 and 15
14 Objection by owner to entry by mining operator
15 Objection by owner to use of declared equipment
17 Variation of rule 16—Application for amalgamation or suspension of working conditions
18 Substitution of rule 19
19 Subpoenas
19 Variation of rule 24—Enforcement of orders
20 Substitution of Schedule 1
Schedule 1—Forms
Part 1—Preliminary
1—Short title
These rules may be cited as the Warden's Court (Miscellaneous) Variation Rules 2020.
2—Commencement
These rules come into operation—
(a)if the day on which they are made is a Monday—on the day on which they are made; or
(b)if the day on which they are made is not a Monday—on the first Monday after the day on which they are made.
3—Variation provisions
In these rules, a provision under a heading referring to the variation of specified rules varies the rules so specified.
Part 2—Variation of Warden's Court Rules 2016
4—Insertion of rule 2A
After rule 2 insert:
2A—Transition
(1)Unless the Court otherwise orders—
(a)these rules as varied by the Warden's Court (Miscellaneous) Variation Rules 2020 (the current rules) apply to—
(i)a proceeding commenced; and
(ii)a step in a proceeding taken,
on or after the commencement date; and
(b)these rules before they were varied by the Warden's Court (Miscellaneous) Variation Rules 2020 (the former rules) continue to govern a step in a proceeding taken before the commencement date.
(2)If the time to commence or take a step in a proceeding under the former rules has not expired as at the commencement date, the time to commence or take a step in the proceeding continues to be governed by the former rules (unless the current rules provide for a longer time).
(3)In this rule—
commencement date means the day on which the Warden's Court (Miscellaneous) Variation Rules 2020 come into operation.
5—Variation of rule 3—Interpretation
Rule 3(1)—after definition of regulations insert:
Senior Warden means the Senior Warden of the Court;
6—Insertion of rules 3A to 3E
Before rule 4 insert:
3A—Powers of Court
(1)The Court may on its own initiative, or on application by any person, make any order that it considers appropriate in the interests of justice.
(2)For example, the Court may—
(a)order that a provision of these rules not apply or apply in a modified way or dispense with compliance with these rules (whether before or after compliance is or was required); or
(b)make an order that is inconsistent with or in lieu of a provision of these rules; or
(c)fix a time within which something is required or permitted to be done or vary the time fixed by or under a provision of these rules or a court order; or
(d)make an order subject to conditions; or
(e)specify consequences of an event referred to in, or of non‑compliance with, an order; or
(f)make or refuse any order sought by a person or make a different order; or
(g)make an order on its own initiative; or
(h)set aside a step taken in a proceeding in breach of these rules or an order, or for other cause; or
(i)direct the Registrar to do or not to do a thing; or
(j)give a direction when uncertainty is expressed about the effect of these rules; or
(k)make an order regarding a proceeding not yet instituted; or
(l)make an order regarding the form of a document to be filed, including imposing additional requirements about the filing or form of documents; or
(m)order the amendment of, or itself amend, a document; or
(n)order that a document be uplifted and removed from the file; or
(o)order production of a document notwithstanding that a lawyer or other person claims a lien over it; or
(p)order the stay of a proceeding, of a step in or order made in a proceeding, or of enforcement of a judgment or order; or
(q)make any order as to costs.
(3)Without affecting the generality of subrule (1), the Court may give directions about the procedure to be followed in a proceeding—
(a)when these rules do not address or address fully a procedural matter that arises in a proceeding; or
(b)to resolve uncertainty about the correct procedure to be adopted, including commencing a proceeding or appellate proceeding; or
(c)in any other case, when the Court thinks fit.
(4)If these rules are silent in relation to a particular procedure or other matter, unless the Court otherwise orders, that matter is governed by the Uniform Civil Rules 2020.
(5)The conferral by these rules of specific powers on the Court does not affect the generality of the power conferred by this rule.
3B—Electronic court management system
(1)The Registrar must establish an electronic court management system (the Electronic System) to perform such of the Registrar’s general functions as the Registrar determines and for use by judicial and non‑judicial officers of the Court and such external users as the Registrar determines.
(2)For example, the Electronic System may enable—
(a)the creation, filing or service of documents in electronic form; or
(b)the use of electronic signatures by parties, lawyers or other persons; or
(c)the electronic issue of the Court’s process; or
(d)the use of electronic signatures by judicial or non‑judicial officers, sheriff’s officers or other persons performing functions on behalf of the Court; or
(e)communications between users and the Court in electronic form; or
(f)the electronic listing of hearings, directions hearings and trials; or
(g)the creation, retention or deletion of electronic records of the Court’s proceedings; or
(h)the receipt, retention or deletion of electronic documents tendered in proceedings, produced in response to a subpoena or otherwise produced to the Court; or
(i)controlled access by internal or external users to court records.
(3)The Registrar may determine that it is mandatory that all or specified classes of documents lodged for filing by all or specified classes of persons be filed electronically via the Electronic System and to that extent the Registry will not accept physical documents for filing.
(4)The Electronic System may be established by the Registrar in conjunction with other courts.
(5)If it is mandatory for a person to file a document electronically via the Electronic System, the Registrar or the Court may waive that requirement if and to such extent and on such conditions as the Registrar or the Court thinks fit.
3C—Registered users
(1)The Registrar may only permit a person other than a judicial or non‑judicial officer of a court participating in the Electronic System to have access to the Electronic System if the person is a registered user.
(2)The Registrar may establish a system for a person to become a registered user and may exercise a general discretion whether to admit a person as a registered user.
(3)The Registrar may impose conditions on the use of the Electronic System by registered users, a class of registered users or individual registered users.
(4)The Registrar may cancel the registration of a person if, in the opinion of the Registrar, the person—
(a)is not a fit and proper person to be a registered user; or
(b)should not have been admitted as a registered user; or
(c)has breached a condition of the terms of use of the Electronic System published by the Registrar on the Electronic System’s portal.
3D—Originals of documents uploaded into Electronic System
(1)A party who uploads a document electronically to the Electronic System (whether self‑represented or represented by a law firm) undertakes to the Court that the document uploaded is identical to the original document.
(2)A law firm who uploads a document electronically to the Electronic System undertakes to the Court that the document uploaded is identical to the original document.
(3)A document comprising or including an affidavit or statutory declaration uploaded electronically to the Electronic System must be uploaded by scanning the original bearing the original signature of the deponent and attesting witness and not by scanning a copy.
(4)A registered user who uploads a document comprising or including an affidavit or statutory declaration electronically to the Electronic System undertakes to the Court—
(a)that the document uploaded is the original document bearing the original signature of the deponent and attesting witness and not a copy; and
(b)to retain possession of the original document until finalisation of the proceeding and any appeal and expiration of any appeal period; and
(c)to produce the original document upon request by the Court.
3E—Official record of the Court
(1)If a document is filed with, or issued by, the Court in electronic form or converted by the Court by scanning or otherwise into electronic form, the document in electronic form represents the official record.
(2)If no electronic version of a document is created by the Court, the physical document is the official record.
7—Variation of rule 4—Failure to comply with rules
Rule 4(1)—delete "proceedings" and substitute:
proceeding
Rule 4(2)—delete "those proceedings" and substitute:
that proceeding
8—Insertion of rule 4A
After rule 4 insert:
4A—Prescribed forms
(1)The forms contained in Schedule 1 prescribe the form and content of defined types of documents to be filed at court.
(2)If a form is required to be filed or served for which no form is prescribed in Schedule 1, then a form prescribed under the Uniform Civil Rules 2020 is to be used.
(3)The Senior Warden may—
(a)modify or delete a form contained in Schedule 1; or
(b)prescribe the form and content of additional defined types of documents to be filed at court.
9—Revocation of rule 5
Rule 5—delete the rule
10—Variation and redesignation of rule 6—Commencement of action
Rule 6(1)—delete subrule (1) and substitute:
(1)Subject to rules 6, 14 and 15, a suit is commenced by lodging a plaint note in Form 2AA set out in Schedule 1.
Rule 6—redesignate the rule as varied by this rule as rule 5
11—Insertion of rule 6
Before rule 7 insert:
6—Review or appeal of decision
(1)An application for review of a decision of the Mining Registrar to cancel registration of a mineral claim is made by lodging a plaint note in Form 4E set out in Schedule 1.
(2)An appeal against a decision of the Director of Mines to issue a compliance order or a rectification order is made by lodging a plaint note in Form 5D set out in Schedule 1.
12—Variation of rule 7—Procedure on receipt of plaint note
Rule 7(2)—delete "defendant" and substitute:
respondent
Rule 7(2)—delete "proceedings" and substitute:
proceeding
Rule 7(3)—delete "proceedings" and substitute:
the proceeding
13—Substitution of rule 10
Rule 10—delete the rule and substitute:
10—Representation at hearing of proceeding
A party to a proceeding is entitled to be represented at the hearing of the proceeding by legal counsel or, with leave of the Court, by another person.
14—Variation of rule 11—Particulars
Rule 11—delete "proceedings" and substitute:
proceeding
15—Variation of rule 13—Extract from Mining Register
Rule 13—delete "any proceedings" and substitute:
a proceeding
16—Substitution of rules 14 and 15
Rules 14 and 15—delete the rules and substitute:
14—Objection by owner to entry by mining operator
A notice of objection lodged by an owner pursuant to section 58A(3) of the Act must—
(a)be in Form 3C set out in Schedule 1; and
(b)include full particulars of the objection; and
(c)have annexed to it—
(i)a copy of the written notice given to the owner by the mining operator pursuant to section 58A(1) of the Act; and
(ii)a supporting affidavit as to the relevant facts; and
(d)be lodged with the Registrar.
15—Objection by owner to use of declared equipment
A notice of objection lodged by an owner pursuant to section 59(3) of the Act must—
(a)be in Form 3C set out in Schedule 1; and
(b)include full particulars of the objection; and
(c)have annexed to it—
(i)a copy of the written notice given to the owner by the mining operator pursuant to section 59(2) of the Act; and
(ii)a supporting affidavit as to the relevant facts; and
(d)be lodged with the Registrar.
17—Variation of rule 16—Application for amalgamation or suspension of working conditions
Rule 16(1)—delete subrule (1) and substitute:
(1)An application for amalgamation or suspension of working conditions pursuant to the regulations must—
(a)be in Form 2AA set out in Schedule 1; and
(b)contain particulars of the persons who may be affected by the relevant order.
18—Substitution of rule 19
Rule 19—delete the rule and substitute:
19—Subpoenas
(1)A subpoena can only be issued by order of a warden.
(2)A subpoena to attend to give evidence issued by the Court must be in Form 105E set out in Schedule 1.
(3)A subpoena to produce documents issued by the Court must be in Form 106E set out in Schedule 1.
(4)A subpoena to attend and produce issued by the Court must be in Form 107E set out in Schedule 1.
19—Variation of rule 24—Enforcement of orders
Rule 24(2)—delete "proceedings" and substitute:
a proceeding
20—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Forms
Form 2AA—Plaint note—originating application
Form 2AA
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
PLAINT NOTE—ORIGINATING APPLICATION
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Applicant
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address for service
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if multiple Applicants
Next box not applicable if application for revocation/variation
Respondent
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Respondent
If requested mark with an ‘x’
Duplicate panel if multiple Respondents
Interested Party
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Interested Party
If requested mark with an ‘x'
Duplicate panel if multiple Interested Parties
Application details
Mark appropriate sections below with an ‘x’
Matter type:
This application is for
[ ] amalgamation
[ ] suspension
[ ] forfeiture
[ ] revocation/variation of a private mine
[ ] other [specify nature of application]
Provide relevant number below (if applicable)
Precious Stones Claim No.:
Exploration Lease No.:
Mining Lease No.:
Private Mine No.:
This application is made under
Act and section or other particular provision
The Applicant seeks the following orders:
Orders sought in separate numbered paragraphs. If there is a monetary sum state the amount being claimed.
1.
This application is made on the grounds set out in the accompanying affidavit sworn by [full name] on the [day] day of [month and year].
Mark with an 'x' if applicable
[ ] This application is urgent.
If applicable
Extension of time
The Applicant seeks an extension of time to institute this action pursuant to:
[ ] section 48 of the Limitation of Actions Act 1936
[ ] other:
State section and Act
The grounds for seeking an extension are set out in the accompanying affidavit.
To the other parties: WARNING
If a hearing date and time appears at the top of this document, this application will be considered at the hearing at that date and time.
If you wish to oppose the application or make submissions about it:
• you must attend the hearing; and
• you must file and serve on all parties a response within 14 days after service of the application; and
• if you wish to rely on any facts in addition to or contrary to those relied on by the party seeking the orders you must file and serve on all parties an affidavit within 14 days after service of the application.
If you do not do so, the Court may proceed in your absence and orders may be made finally determining this proceeding (including as to costs) without further warning.
Service
The party filing this document is required to serve it on all other parties in accordance with the Rules of Court.
Accompanying documents
Mark appropriate sections below with an 'x'
Accompanying service of this application is a:
[ ] Multilingual Notice (mandatory)
[ ] Supporting Affidavit (mandatory)
[ ] Notice to Respondent Served Interstate (mandatory if address of 1 respondent or interested party is interstate)
[ ] Notice to Respondent Served in New Zealand (mandatory if address of 1 party to be served is in New Zealand)
[ ] Notice to Respondent Served outside Australia (mandatory if address of 1 party served is outside Australia but not in New Zealand)
[ ] If other additional document(s) please document below:
Note to parties
There may be cost penalties for making an unsuccessful application or resisting a successful application.
Form 3C—Plaint note—originating application—notice of objection
Form 3C
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
PLAINT NOTE—ORIGINATING APPLICATION—NOTICE OF OBJECTION
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Applicant (Objector)
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address for service
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if multiple Applicants
Respondent
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Respondent
If requested mark with an ‘x’
Duplicate panel if multiple Respondents
Interested Party
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Interested Party
If requested mark with an ‘x’
Duplicate panel if multiple Interested Parties
Objection
This objection is made in relation to [identify order or other subject of objection and Act and section or other provision under which the order or other subject of objection was made] dated [date].
The Objector objects to the
Identify order or particular parts of the order or other subject to which objection is taken.
Provide relevant number below (if applicable)
Precious Stones Claim No.:
Exploration Lease No.:
Mining Lease No.:
Private Mine No.:
This objection is made under
Mark appropriate section below with an 'x'
[ ] section 58A of the Mining Act 1971
[ ] section 59 of the Mining Act 1971
[ ] regulation 63 of the Mining Regulations 2011
[ ] other [specify Act and section or other particular provision]
The grounds of objection are:
Grounds in detail in separate numbered paragraphs
1.
If applicable
The Objector seeks an extension of time to lodge this objection because:
Grounds in separate numbered paragraphs
1.
If applicable
The Objector requests that the hearing be by written submissions only because:
Grounds in separate numbered paragraphs
1.
This application must be listed by [date].
Note: the matter must be listed before the expiry of 21 days from service of the notice of entry.
To the other parties: WARNING
This application will be considered at the hearing at the date and time set out at the top of this document.
If you wish to oppose the application or make submissions about it:
• you must attend the hearing; and
• you must file and serve on all parties a response within 14 days after service of the application; and
• if you wish to rely on any facts in addition to or contrary to those relied on by the party seeking the orders you must file and serve on all parties an affidavit within 14 days after service of the application.
If you do not do so, the Court may proceed in your absence and orders may be made finally determining this proceeding (including as to costs) without further warning.
Service
The party filing this document is required to serve it on all other parties in accordance with the Rules of Court.
Accompanying documents
Mark appropriate sections below with an 'x'
Accompanying service of this application is a:
[ ] Multilingual Notice (mandatory)
[ ] Supporting Affidavit (mandatory) (must be filed and served)
[ ] Copy of notice of entry (mandatory)
[ ] Notice to Respondent Served Interstate (mandatory if address of 1 respondent or interested party is interstate)
[ ] Notice to Respondent Served in New Zealand (mandatory if address of 1 party to be served is in New Zealand)
[ ] Notice to Respondent Served outside Australia (mandatory if address of 1 party served is outside Australia but not in New Zealand)
[ ] If other additional document(s) please document them below:
Note to parties
There can be cost penalties for making an unsuccessful application or resisting a successful application.
Form 4E—Plaint note—originating application for review
Form 4E
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
PLAINT NOTE—ORIGINATING APPLICATION FOR REVIEW
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Applicant
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address for service
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if multiple Applicants
Respondent
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Respondent
If requested mark with an ‘x’
Duplicate panel if multiple Respondents
Interested Party
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Interested Party
If requested mark with an ‘x’
Duplicate panel if multiple Interested Parties
Application details
Matter type:
This application is for review of the decision identified below that
Summary of decision in 1 sentence
This application is made under regulation 15 of the Mining Regulations 2011.
Act and section or other source of jurisdiction
Decision subject of application
Date of decision:
Date notice of decision received:
Tribunal/agency/decision maker being reviewed: Mining Registrar
Name of individual decision maker If known/applicable:
Reference number of tribunal/agency/decision maker If known:
Orders challenged:
Only the orders sought to be reviewed in separate numbered paragraphs
1.
Orders sought
Orders sought in addition to or in place of the orders made in separate numbered paragraphs
1.
This application is made on the grounds set out in the accompanying affidavit sworn by [full name] on the [day] day of [month and year].
Mark with an 'x' if applicable
[ ] This application is urgent.
If applicable
Extension of time
The Applicant seeks an extension of time to bring this review pursuant to
Act and section or other particular provision
on the grounds that:
Grounds in separate numbered paragraphs
1.
To the other parties: WARNING
This application will be considered at the hearing at the date and time set out at the top of this document.
If you wish to oppose the application or make submissions about it:
• you must attend the hearing; and
• you must file and serve on all parties a response within 14 days after service of the application; and
• if you wish to rely on any facts in addition to or contrary to those relied on by the party seeking the orders you must file and serve on all parties an affidavit within 14 days after service of the application.
If you do not do so, the Court may proceed in your absence and orders may be made finally determining this proceeding (including as to costs) without further warning.
Service
The party filing this document is required to serve it on all other parties in accordance with the Rules of Court.
Accompanying documents
Mark appropriate sections below with an 'x'
Accompanying service of this application is a:
[ ] Multilingual Notice (mandatory)
[ ] Supporting Affidavit (mandatory unless application is of a specified type in which case it is optional)
[ ] A copy of the original decision that is the subject of this review (mandatory—may be exhibited to the supporting affidavit) (must be filed and served)
[ ] Notice to Respondent Served Interstate (mandatory if address of 1 respondent or interested party is interstate)
[ ] Notice to Respondent Served in New Zealand (mandatory if address of 1 party to be served is in New Zealand)
[ ] Notice to Respondent Served outside Australia (mandatory if address of 1 party served is outside Australia but not in New Zealand)
[ ] If other additional document(s) please document them below:
Note to parties
There can be cost penalties for making an unsuccessful application or resisting a successful application.
Form 5D—Plaint note—originating application—appeal against administrative decision
Form 5D
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
PLAINT NOTE—ORIGINATING APPLICATION—APPEAL AGAINST ADMINISTRATIVE DECISION
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Applicant
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if multiple Applicants
Respondent
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Respondent
If requested mark with an ‘x’
Duplicate panel if multiple Respondents
Interested Party
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Service
[ ] Sheriff service requested for this Interested Party
If requested mark with an ‘x’
Duplicate panel if multiple Interested Parties
Appeal details
Matter type:
The Applicant appeals to the Court against the decision identified below that
Summary of decision in 1 sentence
This appeal is brought under section 73L of the Mining Act 1971.
Act and section or other particular provision
Decision subject of appeal
Date of decision:
Date notice of decision received:
Tribunal/agency/decision maker being reviewed: Director of Mines
Name of individual decision maker If known/applicable:
Reference number of tribunal/agency/decision maker If known:
Orders challenged:
Only the orders sought to be reviewed in separate numbered paragraphs
1.
Orders sought
Orders sought in addition to or in place of the orders made in separate numbered paragraphs
1.
This Application is made on the grounds set out in the accompanying affidavit sworn by [full name] on the [day] day of [month and year].
If applicable
Extension of time
The Applicant seeks an extension of time to bring this review pursuant to
Act and section or other particular provision
on the grounds that:
Grounds in separate numbered paragraphs
1.
To the other parties: WARNING
This application will be considered at the hearing at the date and time set out at the top of this document.
If you wish to oppose the application or make submissions about it:
• you must attend the hearing; and
• you must file and serve on all parties a response within 14 days after service of the application; and
• if you wish to rely on any facts in addition to or contrary to those relied on by the party seeking the orders you must file and serve on all parties an affidavit within 14 days after service of the application.
If you do not do so, the Court may proceed in your absence and orders may be made finally determining this proceeding (including as to costs) without further warning.
Service
The party filing this document is required to serve it on all other parties in accordance with the Rules of Court.
Accompanying documents
Mark appropriate section below with an 'x'
Accompanying service of this application is a:
[ ] Multilingual Notice (mandatory)
[ ] Supporting Affidavit (mandatory) (must be filed and served)
[ ] A copy of the original decision that is the subject of this appeal (mandatory—may be exhibited to the supporting affidavit) (must be filed and served)
[ ] Notice to Respondent Served Interstate (mandatory if address of 1 respondent or interested party is interstate)
[ ] Notice to Respondent Served in New Zealand (mandatory if address of 1 party to be served is in New Zealand)
[ ] Notice to Respondent Served outside Australia (mandatory if address of 1 party served is outside Australia but not in New Zealand)
[ ] If other additional document(s) please document them below:
Note to parties
There can be cost penalties for making an unsuccessful appeal or resisting a successful appeal.
Form 105E—Subpoena to attend to give evidence
Form 105E
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
SUBPOENA TO ATTEND TO GIVE EVIDENCE
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Person subject to subpoena
Person
Full name
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Telephone
Type - Number
YOU ARE ORDERED to attend to give evidence at the date, time and location set out above unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted.
You must continue to attend from day to day unless you are excused by the Court or the person authorised to take evidence in this matter or until the hearing of the matter is completed.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena.
The last date for service of this subpoena is [date] (see Note 2).
If applicable
The last date for service was fixed by order made by [title and name of judicial officer] on [date].
Subpoena issued at the request of the following party
Party title
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address for service
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if required
Notes
Is this subpoena valid?
(1) This subpoena is only valid if it has the Court seal.
(2) Unless you actually knew of this subpoena before the last date for service, this subpoena must have been served on you before the last date for service set out at the top of this subpoena.
(3) If this subpoena does not comply with Notes 1 or 2, you need not comply with it.
Addressee a corporation
(4) If this subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Applications in relation to the subpoena
(5) You may apply to the Court for an order setting aside the subpoena (or a part of it) or for other relief in respect of the subpoena.
Cost of complying with this subpoena
(6) You are entitled to be paid by the party who requested this subpoena to be issued:
(a) your reasonable expenses of attending Court, including travel expenses; and
(b) your reasonable expenses of complying with this subpoena, including an appropriate witness fee; and
(c) any other expense incurred or loss suffered in complying with this subpoena, including legal fees.
(7) If you need your reasonable expenses of attending Court paid before you come to Court, you should as soon as practicable contact the party who requested this subpoena to be issued.
(8) If you will need to travel from outside of South Australia, you are entitled to be paid your expenses of attending Court 14 days before the date of the hearing. If this does not happen, you do not need to obey this subpoena.
(9) You may apply to the Court for an order for payment of these expenses, if required.
Consequences of not complying with this subpoena
(10) If you fail to comply with this subpoena without a lawful excuse, any of the following might happen:
(a) you may be arrested and brought before the Court;
(b) you may be found to be in contempt of court and may be liable for a fine or imprisonment;
(c) the Court may make any other order within its powers to ensure compliance with this subpoena.
Attending Court
(11) If you need an interpreter, or if you have a disability that affects your ability to give evidence, you must advise the Court as soon as practicable of any assistance you require. If you need an interpreter, this includes advising the Court of the language and dialect you require.
(12) For general information about attending Court, Court services and translation services visit
Questions
(13) If you have any questions about what you must do, or if you cannot comply with the subpoena, you should contact:
(a) the Registrar of the Court; or
(b) the party who requested this subpoena to be issued; or
(c) a solicitor to obtain your own legal advice.
Form 106E—Subpoena to produce documents
Form 106E
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
SUBPOENA TO PRODUCE DOCUMENTS
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Person subject to subpoena
Person
Full name
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Telephone
Type - Number
YOU ARE ORDERED to attend to produce this subpoena or a copy of it and the documents or things specified in the subpoena/schedule of documents attached to this subpoena at the date, time and location set out above unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted.
Alternatively, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the documents or things specified in the subpoena/schedule of documents to the Registrar at the address below, or if there is more than 1 address below, at any 1 of those addresses, so that they are received not less than 2 clear business days before the date specified for production (see Notes 5-9 below).
Address, or any address, to which the subpoena (or a copy of it) and documents or things may be delivered or posted:
[Court] of South Australia Civil Registry
Address
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena. You must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last date for service of this subpoena is [date] (see Note 2).
If applicable
The last date for service was fixed by order made by [title and name of judicial officer] on [date].
Subpoena issued at the request of the following party
Party title
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address for service
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if required
Documents and things
Mark appropriate section below with an 'x'
The documents and things you must produce
[ ] are included in the schedule attached to this subpoena
[ ] are as follows [list of documents or things]:
1.
Notes
Is this subpoena valid?
(1) This subpoena is only valid if it has the Court seal.
(2) Unless you actually knew of this subpoena before the last date for service, this subpoena must have been served on you before the last date for service set out at the top of this subpoena.
(3) If this subpoena does not comply with Notes 1 or 2, you need not comply with it.
Addressee a corporation
(4) If this subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Sending documents and things by post
(5) You can comply by sending the required documents to the Registrar of Court as set out earlier in this subpoena. The documents must arrive at the Registry no later than 2 clear business days before the date for attending Court. If you do this, you will still need to attend Court to give evidence.
(6) If you object to any documents or things produced being inspected by the parties, you must notify the Registrar in the way described in Note 10.
Producing documents and things generally
(7) Unless the subpoena says that you must produce an original document, you are required to produce copies (either hard copy or digital copy) of the documents the subject of this subpoena rather than originals.
(8) If you are producing copies, you are encouraged to do so by producing digital copies rather than hard copies. This can be done by producing a USB or memory card containing the documents in any of the following document formats:
(a) .doc and .docx—Microsoft Word documents
(b) .pdf—Adobe Acrobat documents
(c) .xls and .xlsx—Microsoft Excel spreadsheets
(d) .jpg—image files
(e) .rtf—rich text format
(f) .gif—graphics interchange format
(g) .tif—tagged image format
(h) any other format which is agreed with the issuing party.
(9) If you produce more than 1 document or thing, you must, if requested by the Court, produce a list of the documents or things produced.
Objections and applications in relation to documents and things
(10) You may object on recognised grounds to the parties or a party inspecting some or all of the documents or things produced. You must notify the Registrar in writing of any objection at the time you produce the documents or things. The objection must state:
(a) the documents or things the subject of the objection; and
(b) whether you object to all other parties inspecting the documents or things, or if you only object to some parties inspecting the documents or things; and
(c) why you are objecting, which may include different reasons for different documents or things.
(11) You may apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for other relief in respect of the subpoena; or
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing produced.
Cost of complying with this subpoena
(12) You are entitled to be paid by the party who requested this subpoena to be issued:
(a) your reasonable expenses of attending Court, including travel expenses; and
(b) your reasonable expenses of complying with this subpoena, including an appropriate witness fee; and
(c) any other expense incurred or loss suffered in complying with this subpoena, including legal fees.
(13) If you need your reasonable expenses of attending Court paid before you come to Court, you should as soon as practicable contact the party who requested this subpoena to be issued.
(14) If you will need to travel from outside of South Australia, you are entitled to be paid your expenses of attending Court 14 days before the date of the hearing. If this does not happen, you do not need to obey this subpoena.
(15) You may apply to the Court for an order for payment of these expenses, if required.
Consequences of not complying with this subpoena
(16) If you fail to comply with this subpoena without a lawful excuse, any of the following might happen:
(a) you may be arrested and brought before the Court;
(b) you may be found to be in contempt of court and may be liable for a fine or imprisonment;
(c) the Court may make any other order within its powers to ensure compliance with this subpoena.
Attending Court
(17) For general information about attending Court, Court services and translation services visit
Questions
(18) If you have any questions about what you must do, or if you cannot comply with the subpoena, you should contact:
(a) the Registrar of the Court; or
(b) the party who requested this subpoena to be issued; or
(c) a solicitor to obtain your own legal advice.
Schedule to subpoena
[list of documents or things]
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below and produce it at the same time as the subpoena with the copy of the documents or things required by the subpoena.
If you declare that the material you produce are copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the matter or, if the documents become exhibits in the matter, when they are no longer required in connection with the matter, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the declaration below.
Mark appropriate section below with an 'x'
[ ] All copied documents
All of the material I am providing in compliance with this subpoena comprises copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
[ ] Some original documents
Some or all of the material I am providing in compliance with this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address:
Address for return of material.
Signature of addressee:
Name printed:
Date:
Form 107E—Subpoena to attend and produce
Form 107E
To be inserted by Court
Case number:
Date filed:
FDN:
Hearing date and time:
Hearing location:
SUBPOENA TO ATTEND AND PRODUCE
WARDENS COURT OF SOUTH AUSTRALIA
CIVIL JURISDICTION
Please specify the full name including capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable) for each party. Each party should include a party number if more than 1.
First Applicant
First Respondent
First Interested Party
Person subject to subpoena
Person
Full name
Address
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Telephone
Type - Number
YOU ARE ORDERED to attend to produce this subpoena or a copy of it and the documents or things specified in the subpoena/schedule of documents attached to this subpoena at the date, time and location set out above unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted.
Insofar as you are required to produce this subpoena or a copy of it and documents or things, you may comply with this requirement by delivering or sending this subpoena or a copy of it and the documents or things specified in the subpoena/schedule of documents to the Registrar at the address below, or if there is more than 1 address below, at any 1 of those addresses, so that they are received not less than 2 clear business days before the date specified for production (see Notes 5-9 below).
Address, or any address, to which the subpoena (or a copy of it) and documents or things may be delivered or posted:
[Court] of South Australia Civil Registry
Address
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena. You must complete the Declaration by Addressee (Subpoena Recipient) set out at the end of this subpoena.
The last date for service of this subpoena is [date] (see Note 2).
If applicable
The last date for service was fixed by order made by [title and name of judicial officer] on [date].
Subpoena issued at the request of the following party
Party title
Full name (including also known as, capacity (eg administrator, liquidator, trustee) and litigation guardian name (if applicable))
Name of law firm/solicitor
If any
Law firm
Solicitor
Address for service
Street address (including unit or level number and name of property if required)
City/town/suburb
State
Postcode
Country
Email address
Phone details
Type - Number
Duplicate panel if required
Documents and things
Mark appropriate section below with an 'x'
The documents and things you must produce
[ ] are included in the schedule attached to this subpoena
[ ] are as follows [list of documents or things]:
1.
Notes
Is this subpoena valid?
(1) This subpoena is only valid if it has the Court seal.
(2) Unless you actually knew of this subpoena before the last date for service, this subpoena must have been served on you before the last date for service set out at the top of this subpoena.
(3) If this subpoena does not comply with Notes 1 or 2, you need not comply with it.
Addressee a corporation
(4) If this subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Sending documents and things by post
(5) For the part of this subpoena requiring you to produce documents, you can comply by sending the required documents to the Registrar of Court as set out earlier in this subpoena. The documents must arrive at the Registry no later than 2 clear business days before the date for attending Court. If you do this, you will still need to attend Court to give evidence.
(6) If you object to any documents or things produced being inspected by the parties, you must notify the Registrar in the way described in Note 10.
Producing documents and things generally
(7) Unless the subpoena says that you must produce an original document, you are required to produce copies (either hard copy or digital copy) of the documents the subject of this subpoena rather than originals.
(8) If you are producing copies, you are encouraged to do so by producing digital copies rather than hard copies. This can be done by producing a USB or memory card containing the documents in any of the following document formats:
(a) .doc and .docx—Microsoft Word documents
(b) .pdf—Adobe Acrobat documents
(c) .xls and .xlsx—Microsoft Excel spreadsheets
(d) .jpg—image files
(e) .rtf—rich text format
(f) .gif—graphics interchange format
(g) .tif—tagged image format
(h) any other format which is agreed with the issuing party.
(9) If you produce more than 1 document or thing, you must, if requested by the Court, produce a list of the documents or things produced.
Objections and applications in relation to documents and things
(10) You may object on recognised grounds to the parties or a party inspecting some or all of the documents or things produced. You must notify the Registrar in writing of any objection at the time you produce the documents or things. The objection must state:
(a) the documents or things the subject of the objection; and
(b) whether you object to all other parties inspecting the documents or things, or if you only object to some parties inspecting the documents or things; and
(c) why you are objecting, which may include different reasons for different documents or things.
(11) You may apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for other relief in respect of the subpoena; or
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing produced.
Cost of complying with this subpoena
(12) You are entitled to be paid by the party who requested this subpoena to be issued:
(a) your reasonable expenses of attending Court, including travel expenses; and
(b) your reasonable expenses of complying with this subpoena, including an appropriate witness fee; and
(c) any other expense incurred or loss suffered in complying with this subpoena, including legal fees.
(13) If you need your reasonable expenses of attending Court paid before you come to Court, you should as soon as practicable contact the party who requested this subpoena to be issued.
(14) If you will need to travel from outside of South Australia, you are entitled to be paid your expenses of attending Court 14 days before the date of the hearing. If this does not happen, you do not need to obey this subpoena.
(15) You may apply to the Court for an order for payment of these expenses, if required.
Consequences of not complying with this subpoena
(16) If you fail to comply with this subpoena without a lawful excuse, any of the following might happen:
(a) you may be arrested and brought before the Court;
(b) you may be found to be in contempt of court and may be liable for a fine or imprisonment;
(c) the Court may make any other order within its powers to ensure compliance with this subpoena.
Attending Court
(17) If you need an interpreter, or if you have a disability that affects your ability to give evidence, you must advise the Court as soon as practicable of any assistance you require. If you need an interpreter, this includes advising the Court of the language and dialect you require.
(18) For general information about attending Court, Court services and translation services visit
Questions
(19) If you have any questions about what you must do, or if you cannot comply with the subpoena, you should contact:
(a) the Registrar of the Court; or
(b) the party who requested this subpoena to be issued; or
(c) a solicitor to obtain your own legal advice.
Schedule to subpoena
[list of documents or things]
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below and produce it at the same time as the subpoena with the copy of the documents or things required by the subpoena.
If you declare that the material you produce are copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the matter or, if the documents become exhibits in the matter, when they are no longer required in connection with the matter, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the declaration below.
Mark appropriate section below with an 'x'
[ ] All copied documents
All of the material I am providing in compliance with this subpoena comprises copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
[ ] Some original documents
Some or all of the material I am providing in compliance with this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address:
Address for return of material.
Signature of addressee:
Name printed:
Date:
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these rules come into operation as set out in these rules.
Made by the Governor
with the advice and consent of the Executive Council
on 4 June 2020
No 201 of 2020
0
0
0