EXPLANATORY STATEMENT
Statutory Rules 1989 No. 30
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.(a) Sub-rule 4A is introduced in Order 26 to facilitate payment into Court by the Commonwealth. Authorized and approved insurers and other corporations approved by the Registrar have until now been the only persons who can make payment into Court by bond. The Commonwealth has been obliged to make payment into Court by cheque. The amendment will place the Commonwealth in the same position as approved financially sound insurers and corporations.
(b) Sub-rule 2(3) of Order 26 is amended to provide that a plaintiff may recover costs incurred not only to the date of any payment into Court by a defendant but also those reasonably incurred in considering the payment in.
2. Several rules contained in Order 27 and Order 38 have been abolished and some forms have been omitted from the First Schedule with a view to introducing a direction simplifying the procedure for setting matters down for trial.
3. The amendments of the Companies rules and forms in Order 75A are intended to correct minor inconsistencies and errors in the rules published in November 1984.
4. The amendments also introduce Order 79 to provide procedures for the exercise of the Court’s jurisdiction as the Court of Disputed Returns conferred upon it by the Australian Capital Territory (Self-Government) Act 1988. Order 79 is in terms similar to those of Order 68 of the High Court Rules, with appropriate and minor modifications.