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

Legislation au C1939L00061 CourtRules Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 61.

 

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.

Rules of Court.*

(As of Monday, the 31st day of July, 1939.)

PURSUANT to the Seat of Government Supreme Court Act 1933-1935, and to all other powers thereunto enabling, it is ordered that the Rules of the Supreme Court of the Australian Capital Territory be amended as follows :—

Form of indorsement.

1. Order 43, rule 16 is amended by omitting the figures “44” and inserting in their stead the figures “43”.

First Schedule—Forms 54 and 55.

2. The First Schedule is amended by omitting Forms 54 and 55 and inserting in their stead the following forms:—

“Form 54. 0.43. r. 12.

WRIT OF FIERI FACIAS.

[Heading as in Form 1.]

George the Sixth, by the Grace of God of Great Britain, Ireland, and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India.

To the Sheriff of the Territory for the Seat of Government, greeting:

We command you that of the real and personal estate of C.D., in your bailiwick you cause to be made the sum of £                            and also interest thereon at the rate of £                                          per centum per annum from the                                          day of                                          ,* which said sum of money and interest were lately before us in the Supreme Court of the Australian Capital Territory in a certain action [or matter there depending intituled “In the Matter of, &c.,” or as the case may be] wherein A.B., is plaintiff and C.D. defendant by a judgment [or order, as the case may be] of our said court, bearing date the                                                        day of                                                        , adjudged [or ordered, as the case may be] to be paid by the said C.D. to A.B., together with certain costs in the said judgment [or order, as the case may be] mentioned, and which costs have been taxed and allowed by the taxing officer of our said court at the sum of £                                                        as appears by the certificate of the said taxing officer, dated the                            day of                                          . And that of the real and personal estate of the said C.D. in your bailiwick you further cause to be made the said sum of £                            [costs] together with interest thereon at the rate of £5 per centum per annum from the                                          day of                                                                      * and that you have that money and interest before us in our said court immediately after the execution hereof to be paid to the said A.B. in pursuance of the said judgment [or order, as the case may be]. And in what manner you shall have executed this our writ make appear to us in our said court immediately after the execution thereof. And have there then this writ.

Witness, &c. (as in Form 1) the    day of

in the year of our Lord One thousand nine hundred and

Indorsement.

Levy £  and £    for costs of execution, &c., and also interest on £                                                        at £5 per centum per annum (or other agreed rate) from the                            day of                                                        , 19              , till payment, besides Sheriff’s poundage, officers’ fees, costs of levying, the fees, expenses, and costs mentioned in Order 43, rule 14, if and when incurred, and all other legal incidental expenses.

This writ was issued by   of   agent for  solicitor for the                                          who resides at

The   is a  and resides at   in your bailiwick.

* Day of the judgment or order, or day on which money directed to be paid, or day from which interest is directed by the order to run, as the case may be.

 

* Notified in the Commonwealth Gazette on 10th August, 1939.

3517.—Price 3D.

“Form 55. O.43. r. 12.

WRIT OF VENDITIONI EXPONAS.

[Heading as in Form 1.]

George the Sixth, &c. [as in Form 54].

To the Sheriff of the Territory for the Seat of Government greeting:

Whereas by our writ we lately commanded you that of the real and personal estate of C.D. [here recite the fieri facias to the end]. And on the                                          day of                                          , you returned to us in the Supreme Court of the Australian Capital Territory aforesaid, that by virtue of the said writ to you directed you had taken real and personal estate of the said C.D. to the value of the money and interest aforesaid, which said real and personal estate remained in your hands unsold for want of buyers. Therefore we, being desirous that the said A.B. should be satisfied his money and interest aforesaid, command you that you expose to sale and sell, or cause to be sold, the real and personal estate of the said C.D., by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before us in our said court of justice immediately after the execution hereof, to be paid to the said A.B. And have there then this writ.

Witness, &c.

[Indorsement as in Form 54.]”.

H. B. PIPER,

(l.s.) Acting Judge of the Supreme Court of the

Australian Capital Territory.

F. C. P. Keane, Registrar.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1939, No. 61, amend the Rules of the Supreme Court of the Australian Capital Territory. Enacted pursuant to the Seat of Government Supreme Court Act 1933-1935, these amendments address the need for updating certain forms related to writs of execution within the judicial system of the Australian Capital Territory. The changes are intended to streamline the processes associated with enforcing judgments and orders in the Supreme Court, ensuring that the legal instruments remain effective and relevant. This legislative instrument was issued under the authority of the Commonwealth Government Printer, Canberra, reflecting the coordinated efforts to maintain and improve the judicial framework of the Australian Capital Territory.

Scope and Application

The Statutory Rules of 1939, No. 61, under the Seat of Government Supreme Court Act 1933-1935, pertain to the Supreme Court of the Australian Capital Territory, specifically concerning the amendment of the Rules of Court. The Act applies to the procedures and processes within the Supreme Court of the Australian Capital Territory, affecting the legal practitioners, parties involved in litigation, and the court officials. This legislative instrument serves to update the forms used in the court, such as the Writ of Fieri Facias and the Writ of Venditioni Exponas, ensuring that they comply with the current legal standards and practices. The amendments pertain to the format and content of these writs, which are essential documents in the enforcement of court judgments and orders. This Act, confined to the jurisdiction of the Australian Capital Territory, does not extend beyond the territorial limits of the Supreme Court of the Australian Capital Territory. The exclusions and exemptions within the Act are limited to the procedural adjustments specified in the First Schedule, which details the revised forms. The application of the Act is further extended or restricted through the subordinate instruments, which may include additional rules and regulations issued by the Supreme Court to implement these changes effectively.

Key Provisions

The Statutory Rules of 1939, No. 61, pertain to amendments to the Rules of the Supreme Court of the Australian Capital Territory, specifically concerning the forms of writs. Section 1 amends Order 43, rule 16 by correcting a numerical reference from "44" to "43". Section 2 replaces Forms 54 and 55 with updated versions, which are detailed in the First Schedule of the rules. Form 54 pertains to the "Writ of Fieri Facias," a legal order requiring the Sheriff to seize and sell the debtor's property to satisfy a money judgment. Form 55 relates to the "Writ of Venditioni Exponas," which instructs the Sheriff to sell the debtor's property if it remains unsold after seizure under a Fieri Facias writ. Both forms outline the required information to be included, such as the names of the plaintiff and defendant, the amount of money owed, interest rates, and dates relevant to the judgment. These amendments impose specific obligations on the parties involved, particularly on the Sheriff of the Territory for the Seat of Government. The Sheriff must ensure the correct execution of these writs, including the seizure, inventory, and, if necessary, the sale of the debtor's personal and real property to satisfy the judgment and costs. The writs mandate the Sheriff to report back to the Court with the results of these actions and any proceeds from the sale. Failure to comply with these provisions can lead to legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of court orders generally can result in legal actions, including fines or other sanctions. For instance, if the Sheriff fails to execute the writs properly, they may face disciplinary actions or be held liable for any resultant losses to the plaintiff or unnecessary costs incurred by the debtor. Additionally, if the debtor does not comply with the judgment, they may face further legal actions, including garnishee orders or other enforcement mechanisms to recover the owed amount.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.