Rules of the Supreme Court of the Australian Capital Territory 1937 (Amendment)

Legislation au C1977L00152 CourtRules Not in force Legislative Instrument

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Statutory Rules

1977 No. 152

RULES OF COURT UNDER THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933*

We, Judges appointed under sub-section 7 (1) of the Australian Capital Territory Supreme Court Act 1933, hereby make the following Rules of Court under section 28 of that Act.

Dated this sixth day of September 1977.

R. A. BLACKBURN

XAVIER CONNOR

Judges of the Supreme Court

of the

Australian Capital Territory

Z. HARTSTEIN

Registrar

 

AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY †

Principal Rules

1. The Rules of the Supreme Court of the Australian Capital Territory are in these Rules referred to as the Principal Rules.

Commencement

2. These Rules shall come into operation on 26 September 1977.

Interpretation

3. Rule 4 of Order 1 of the Principal Rules is amended by omitting from sub-rule (1) the definition of “ sealed ”.

4. Rules 5 and 6 of Order 3 of the Principal Rules are repealed and the following rules substituted:

Date and teste

“ 5. (1) In this rule, ‘ writ ’ means—

(a) a writ of summons; or

(b) subject to these Rules and to any other law in force in the Territory, any other writ.

 

* Notified in the Commonwealth of Australia Gazette on 15 September 1977.

† Statutory Rules 1937, No. 85 as amended by Statutory Rules 1938, No. 99; 1939, Nos. 48 and 61; 1950, No. 22; 1956, No. 135; 1958, No. 64; 1962, Nos. 47 and 76; 1966, No. 132; 1967, No. 68; 1968, No. 13; 1969, Nos. 57, 66, 221 and 222; 1972, No. 189; 1973, Nos. 95 and 149; 1974, Nos. 25, 60 and 197; 1975, No. 81; and 1976, No. 190.

“ (2) A writ shall bear date the day on which it is issued and shall be tested in the name of the Chief Judge.

Time for appearance to be limited in writ

“ 6. The time to be limited in a writ of summons, other than a writ to which the Service and Execution of Process Act 1901 applies, for the appearance of the defendant is—

(a) in the case of a writ to be served out of die Commonwealth—the time limited by the order giving leave to serve the writ out of the Commonwealth or, in the case of a writ to which Order 12, rule 3, applies, by the order giving leave to issue the writ; and

(b) in any other case—8 days.”.

Where plaintiff sues by solicitor

5. Rule 1 of Order 5 of the Principal Rules is amended by omitting from sub-rule (1) “ three miles ” (wherever occurring) and substituting “ 5 kilometres ”.

Where plaintiff sues in person

6. Rule 2 of Order 5 of the Principal Rules is amended by omitting “ three miles ” and substituting “ 5 kilometres ”.

7. Rule 1 of Order 10 is repealed and the following rule substituted:

Service on defendant presumed where solicitor accepts service or appearance is entered

“ 1. (1) Where the solicitor acting for a defendant indorses on the original writ a statement that he accepts service of the writ on behalf of that defendant and that he undertakes to enter an appearance to the writ, the writ shall be deemed to be duly served on the defendant at the time at which the indorsement is made.

“ (2) Where an appearance to a writ of summons has been entered for a defendant, the writ shall, without any proof of the service of the writ, be deemed to have been duly served on the defendant and to have been so served on the day on which the appearance was entered.”.

Repeal

8. Rule 1 of Order 12 of the Principal Rules is repealed.

Plaintiff may apply to sign final judgment

9. Rule 1 of Order 15 of the Principal Rules is amended by inserting after sub-rule (1) the following sub-rule:

“ (1a) Notwithstanding sub-rule (1), an application under that sub-rule may, if the Judge so directs, be supported by an affidavit containing statements of information and belief with the sources and grounds thereof.”.

10. Rule 2 of Order 27 of the Principal Rules is repealed and the following rule substituted:

Defence to counter-claim

“ 2. (1) A defence to a counter-claim may be included in the same document as a reply.

“ (2) Where a defence to a counter-claim is included in the same document as a reply, the substance of the defence and the substance of the reply shall be clearly distinguished.

“ (3) The provisions of Order 25, so far as they are applicable, apply to, and in relation to, a plaintiff and a defence to a counter-claim as if—

(a) the plaintiff were the defendant to an action;

(b) the counter-claim were a statement of claim; and

(c) the defence to the counter-claim were a defence to an action.”.

Close of pleadings

11. Rule 3 of Order 27 of the Principal Rules is amended—

(a) by omitting from sub-rule (1) “ and the material statements ” and substituting “ and, subject to sub-rules (2) and (3), the material statements ”; and

(b) by omitting sub-rule (2) and substituting the following sub-rules:

“ (2) Where no defence to a counter-claim has been delivered, the facts stated in the counter-claim shall be taken to have been admitted.

“ (3) A plaintiff is not entitled to deliver a defence to a counter-claim except—

(a) within 14 days after the delivery of the counterclaim; or

(b) with the leave of the Court or a Judge.”.

12. The following Order is inserted in the Principal Rules after Order 42:

“ ORDER 42a

INTEREST ON JUDGMENTS

Rate of interest on judgments entered before 1 October 1977

“ 1. The rate of interest fixed for the purpose of section 54 of the Act in respect of a judgment entered as of a date before 1 October 1977 is 5 per cent per annum.

Rate of interest on judgments entered on or after 1 October 1977

“ 2. The rate of interest fixed for the purpose of section 54 of the Act in respect of a judgment entered as of a date that is on or after 1 October 1977 is 10 per cent per annum.”.

Issue of summons

13. Rule 13 of Order 56 of the Principal Rules is amended by omitting “ , and, when signed,” and substituting “ and sealed, and, when so sealed,”.

Form of order

14. Rule 15 of Order 56 of the Principal Rules is amended by omitting “ , and be signed by the Judge ”.

15. Rule 1 of Order 62 of the Principal Rules is repealed and the following rule substituted:

Sealing of documents issued from the Court

“ 1. A document that is issued from the Court, being a document that is required to be sealed, shall be sealed with the Seal of the Court.”.

Office copies, &c.

16. Rule 2 of Order 62 of the Principal Rules is amended by omitting “ a seal inscribed as mentioned in rule 1 of this Order ” and substituting “ the Seal of the Court ”.

Scale of costs

17. Rule 7 of Order 65 of the Principal Rules is amended by omitting sub-rule (3) and substituting the following sub-rule:

“ (3) Nothing in this rule affects the operation of section 120 or 121 of the Legal Practitioners Ordinance 1970.”.

First Schedule—Forms 1 and 68

18. The First Schedule to the Principal Rules is amended—

(a) by omitting from Form 1 “ Judge of our said Supreme Court ” and substituting “ Chief Judge of our said Supreme Court ”; and

(b) by omitting Form 68 and substituting the following form:

Form 68 0.56 r.15

ORDER (GENERAL FORM)

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

NO.  of 19 .   Between

Before the Honourable Mr Justice        in Chambers, Dated the                                                        day of                                                        19              .

Upon hearing       and upon reading the affidavit of                            filed the                                          day of                                          19              , and                                          it is ordered                                                                                                                              , and that the costs of this application be                            .

REGISTRAR

Overview

Statutory Rules 1977 No. 152, "Rules of Court under the Australian Capital Territory Supreme Court Act 1933," was enacted to refine and update the procedural rules governing the Supreme Court of the Australian Capital Territory. This legislative instrument, introduced by the judges appointed under the Australian Capital Territory Supreme Court Act 1933, aimed to streamline court processes and ensure clarity and efficiency in legal proceedings. The rules address various procedural aspects, including the amendment and repeal of existing rules, introduction of new provisions, and modifications to existing ones to align with contemporary legal practices. The objective of these amendments is to enhance the administration of justice within the territory by providing clearer and more effective guidelines for court operations.

Scope and Application

The Statutory Rules 1977 No. 152, which encompass the Rules of Court under the Australian Capital Territory Supreme Court Act 1933, apply to the Supreme Court of the Australian Capital Territory and govern the procedural aspects of litigation within this jurisdiction. These rules outline various amendments and modifications to the existing Principal Rules, affecting how legal processes are conducted, including changes to definitions, the time limits for appearances, distances for service, and the procedure for sealing documents. The rules apply to all parties, including plaintiffs, defendants, and solicitors, within the Australian Capital Territory. The changes primarily focus on updating the terminology and streamlining processes, such as replacing "sealed" with "sealed, and when so sealed," and updating the distances for service from three miles to five kilometres. Notably, these rules do not extend beyond the jurisdictional limits of the Australian Capital Territory and do not affect other Australian states or territories. The rules came into effect on 26 September 1977, with specific provisions addressing interest rates on judgments and the format of orders issued by the court.

Key Provisions

These rules amend the Rules of the Supreme Court of the Australian Capital Territory. They introduce various procedural adjustments, including changes to service distances, definitions, time limits, interest rates on judgments, and the sealing of documents. For instance, Rule 5 redefines 'writ' to include writs of summons and other writs subject to these rules and applicable laws (Rule 5(1)). The time for a defendant's appearance in a writ of summons served outside the Commonwealth is limited by the relevant order (Rule 6(a)). Additionally, these rules clarify that when a solicitor accepts service of a writ on behalf of a defendant, the writ is deemed duly served on the defendant at the time of the acceptance (Rule 1(1) of Order 10). The rules also introduce a new interest rate for judgments entered on or after 1 October 1977, which is 10 per cent per annum (Rule 2 of Order 42a). They further mandate that documents issued from the Court that require sealing must be sealed with the Seal of the Court (Rule 1 of Order 62). Additionally, these rules amend the First Schedule to update forms, such as replacing 'Judge of our said Supreme Court' with 'Chief Judge of our said Supreme Court' in Form 1 and introducing a new Form 68 (First Schedule, Rules 18(a) and 18(b)). The amendments impose several obligations on parties involved in litigation within the Australian Capital Territory Supreme Court. They require adherence to the new service distances, the acceptance of service by solicitors, and the proper sealing of documents issued from the Court. Additionally, they mandate the inclusion of defences to counter-claims in the same document as a reply, ensuring that the substance of the defence and the reply are clearly distinguished (Rule 2(1) and (2) of Order 27). The rules also stipulate that facts stated in a counter-claim are taken to have been admitted if no defence is delivered within the specified timeframe, and a plaintiff is not entitled to deliver a defence to a counter-claim except within 14 days after the delivery of the counter-claim or with the leave of the Court or a Judge (Rule 3(2) and (3) of Order 27). Failure to comply with these rules may result in various consequences. The rules do not explicitly state offences or penalties for non-compliance, but breaches of procedural rules can lead to applications for relief or sanctions by the Court, which may include orders for compliance, costs, or other remedies as deemed appropriate by the Court. The seriousness of the breach and the impact on the proceedings will determine the specific consequences imposed by the Court.

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