Rules of the Supreme Court of the Australian Capital Territory (Amendment)
1992 No. 79
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 79
Issued by the Authority of the Judges of the Supreme Court of the Australian Capital Territory
AMENDMENT OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
These amendments are of several kinds.
1. Order 40, sub rule 2(4) has been amended consistent with the requirements of Order 66 rule 8.01 which no longer requires a document to have a backing sheet.
2. Order 66 is amended in a number of respects. The heading to the order is amended to read "Documents" rather than "Documents Style" and the Order is divided into two Divisions as follows:
Division 1 - Style and Division 2 - Inspection.
Order 66 rules 10.01 and 10.02 which relate to the signature of solicitors on court documents and rules 11.01, 11.02 and 11.03 which impose restrictions on the inspection of certain Registry documents and which were inadvertently omitted by Statutory Rules 1991 No 251 are reinserted in the Order.
3. Order 72 dealing with the Administration and Probate Jurisdiction of the Court is amended in several respects consequent upon amendments to the Wills Act 1968 of the Australian Capital Territory.
3.1 Section 20A of the Wills Act revokes gifts in a will in favour of a former spouse upon termination of the marriage. Paragraphs 6(1)(b) & (c) of order 72 have been redrafted and paragraph 6(1)(ca) of Order 72 has been introduced to give effect to this amendment.
3.2 Sections 8, 8A and 8B of the Wills Act 1968 provide for the making of a will by a minor in certain circumstances. Paragraph 6(1)(f) of order 72 has been redrafted to give effect to this amendment.
3.3 Section 11A of the Wills (Amendment) Act 1991 of the Australian Capital Territory eliminates to some extent the requirement for formal execution of a testamentary document. A similar provision exists in New South Wales. Accordingly paragraph 6(1)(ha) has been inserted in order 72 modelled on the New South Wales Supreme Court Rules.
4. Amendments were made to the Administration and Probate Act in 1989 (No. 19 of 1989) so that it would no longer be mandatory to file accounts in all matters from the date of a grant of representation. Order 72 rule 38 has accordingly been redrafted to give effect to this amendment and again is modelled on a similar provision in the New South Wales probate jurisdiction.
5. Order 75B rule 39 paragraphs (a) and (b) have been redrafted consequent upon amendments of Order 75B rule 38 by Statutory Rule 1991 No. 251.
Overview
The Rules of the Supreme Court of the Australian Capital Territory (Amendment) 1992 No. 79 was introduced to amend and update existing rules in response to changes in the law and administrative procedures. Enacted by the authority of the Judges of the Supreme Court of the Australian Capital Territory, the amendments aim to ensure the rules remain consistent with current legislative requirements and practices. Key changes include updating references to document formatting and signature requirements, aligning with the Wills Act 1968 and other amendments, and modifying procedures related to the filing of accounts in probate matters. These updates are designed to streamline processes and ensure the administration of justice is current and effective within the legal framework of the Australian Capital Territory.
Scope and Application
The Rules of the Supreme Court of the Australian Capital Territory (Amendment) 1992 No. 79 primarily applies to legal practitioners, parties involved in court proceedings, and entities that engage with the Supreme Court of the Australian Capital Territory. These amendments are integral to the procedural aspects of court documentation, the administration and probate jurisdiction, and the handling of wills within the Australian Capital Territory. They ensure that the court's procedural rules are consistent with statutory changes and current legal practices, particularly in relation to document submission and the handling of wills and estates. The amendments are geographically confined to the Australian Capital Territory, impacting those who are subject to its judicial authority. Notably, these amendments do not extend beyond the jurisdictional boundaries of the Australian Capital Territory, nor do they apply to other states or territories in Australia. The changes made by these amendments are largely corrective and procedural, designed to align the court's rules with legislative updates and to rectify inadvertent omissions in previous rule amendments.
Key Provisions
The Rules of the Supreme Court of the Australian Capital Territory (Amendment) 1992 No. 79 primarily concern modifications to existing orders within the Rules, aiming to align them with updated legislative requirements and to correct oversights from previous amendments. Order 40, sub rule 2(4) has been revised to reflect changes in Order 66 rule 8.01, which no longer mandates the inclusion of a backing sheet for documents (Order 40, sub rule 2(4)). Furthermore, Order 66 has undergone significant changes, including the renaming of the order from "Documents Style" to "Documents" and the division of the order into two distinct divisions: Division 1 pertains to the style of documents, while Division 2 addresses their inspection (Order 66). Additionally, rules 10.01, 10.02, 11.01, 11.02, and 11.03, which relate to the signature of solicitors and restrictions on the inspection of certain Registry documents, have been reinserted after being inadvertently omitted in a previous amendment (Order 66, rules 10.01-10.02, 11.01-11.03).
These amendments impose specific obligations on parties and entities governed by the Rules of the Supreme Court of the Australian Capital Territory. For example, legal practitioners must now ensure that documents are prepared in accordance with the updated style guidelines set forth in Order 66 Division 1 (Order 66 Division 1). Additionally, the reinstatement of rules 10.01, 10.02, 11.01, 11.02, and 11.03 necessitates that solicitors properly sign documents and adhere to restrictions on inspecting certain Registry documents (Order 66, rules 10.01-10.02, 11.01-11.03). Furthermore, the changes to Order 72, consequent upon amendments to the Wills Act 1968 and other legislative updates, require practitioners to be aware of and comply with new provisions regarding gifts in wills, the making of wills by minors, and the filing of accounts in probate matters (Order 72).
Breach of the provisions outlined in the amended Rules of the Supreme Court of the Australian Capital Territory may lead to various civil and criminal consequences. While the explanatory statement does not explicitly outline penalties, non-compliance with court rules and orders generally may result in sanctions such as fines, costs, and potentially more severe legal repercussions. For instance, failure to adhere to document style and inspection rules, or to properly execute or file required documents in probate matters, could result in procedural errors or delays in legal proceedings. Additionally, repeated or significant non-compliance may invite further judicial scrutiny or disciplinary action against legal practitioners.