STATUTORY RULES.
1950. No. 22.
—————
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.
Rules of Court.*
(As of Friday, the fourteenth day of April, 1950).
PURSUANT to the Seat of Government Supreme Court Act 1933-1948, it is ordered that the Rules of the Supreme Court of the Australian Capital Territory† be amended as follows :—
Scale of coats.
1. Order 65, Rule 7, is amended by adding at the end thereof the following sub-rule:—
“ (2.) The fees allowable under sub-rule (1.) of this rule (except fees for items numbered 47, 49, 50, 51, 52, 55, 96, 97 and 124 in the Fourth Schedule) shall, in respect of work done or services performed on or after the fourteenth day of April, 1950, be deemed to be increased by one-half.”.
Fourth Schedule.
2. The Fourth Schedule is amended—
(a) by omitting from item 72 the figures “ 0 12 0 ” and “ 0 1 6 ” and inserting in their stead the figures “ 0 15 0 ” and “ 0 2 6 ”; and
(b) by omitting from item 124 the figures “ 1 4 0 ” and inserting in their stead the figures “ 1 11 6 ”.
W. B. SIMPSON
(l. s.) Judge of the Supreme Court of the
Australian Capital Territory.
B. Martin, Registrar.
* Notified in the Commonwealth Gazette on 4th May, 1950.
† Statutory Rules 1937, No. 85, as amended by Statutory Rules 1938, No. 99; and 1939, Nos. 48 and 61.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2113.—Price 3d.
Overview
Statutory Rules 1950 No. 22, enacted on 14 April 1950, amends the Rules of the Supreme Court of the Australian Capital Territory, initially established under the Seat of Government Supreme Court Act 1933-1948. This legislative instrument aims to adjust certain court fees and other related costs, reflecting changes in economic conditions and operational costs. The amendment is intended to ensure the court fees remain commensurate with the current financial climate, thereby maintaining the integrity and functionality of the court system. The amendment was issued by the Supreme Court of the Australian Capital Territory, overseen by Judge W. B. Simpson, and signed by B. Martin, the Registrar, and L. F. Johnston, the Commonwealth Government Printer in Canberra. This update to the rules ensures that the court's financial framework remains aligned with legislative intent and practical requirements.
Scope and Application
The Rules of Court, as amended by the Statutory Rules of 1950, No. 22, pertain to the Supreme Court of the Australian Capital Territory (ACT) and are applicable to all persons and entities engaging in legal proceedings or transactions within the jurisdiction of the ACT. This includes individuals, corporations, and any legal representatives involved in cases heard by the Supreme Court. The amendments focus on modifying the fees for certain services provided by the court, which are specified in the Fourth Schedule of the Rules. Notably, these amendments do not affect all fees uniformly but rather increase specific fees by one-half, excluding certain items listed in the Schedule. The changes also involve adjustments to the numerical values associated with particular fees, reflecting an update to the financial obligations within the court system. The amendments apply nationally within the ACT and are enforced through subordinate instruments as specified in the Rules.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the Rules of the Supreme Court of the Australian Capital Territory. Specifically, Order 65, Rule 7 is amended to increase allowable fees by one-half for services performed on or after the 14th of April, 1950, with some exceptions (Section 1). Additionally, the Fourth Schedule is revised to update fee figures, replacing certain amounts with new figures (Section 2). These changes ensure that the fees for legal services provided by the Court are updated to reflect the economic conditions of the time.
The obligations and requirements imposed by this Act primarily pertain to legal practitioners and the Supreme Court of the Australian Capital Territory. Legal practitioners must adhere to the updated fee schedule when billing for services rendered after the effective date of the amendments. The Court, on the other hand, must ensure that these updated fees are accurately reflected in all relevant documents and communications. This includes updating any internal systems or records that may be affected by these amendments.
There are no specific offences, penalties, or consequences for breach outlined in this particular legislative instrument. However, failure to adhere to the updated fee schedule could potentially lead to disputes or legal challenges regarding the appropriateness of the fees charged. It is important for both legal practitioners and the Court to ensure compliance with these amendments to avoid any potential legal issues.