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.
Overview
The Statutory Rules 1989 No. 30, issued by the authority of the Judges of the Supreme Court of the Australian Capital Territory, was enacted to amend the Rules of the Supreme Court of the Australian Capital Territory. This legislation seeks to address several issues, including facilitating payments into court by the Commonwealth, allowing plaintiffs to recover costs incurred during the consideration of such payments, and simplifying procedures for setting matters down for trial. Additionally, it aims to correct minor inconsistencies in the Companies rules and forms, and to introduce procedures for exercising the court's jurisdiction as the Court of Disputed Returns. The amendments are designed to streamline court processes and improve the efficiency of legal proceedings within the Australian Capital Territory.
Scope and Application
The statutory rules issued under the authority of the Judges of the Supreme Court of the Australian Capital Territory, as detailed in the Explanatory Statement for Statutory Rules 1989 No. 30, pertain specifically to the amendment of the Rules of the Supreme Court of the Australian Capital Territory. These amendments apply to various aspects of the court’s procedural rules, impacting authorised and approved insurers, corporations, and the Commonwealth, by facilitating the Commonwealth’s ability to make payments into Court by bond. The amendments also extend to the recovery of costs incurred by plaintiffs in considering payments into Court, the simplification of trial setting procedures, the correction of minor inconsistencies in Companies rules, and the introduction of procedures for exercising the Court’s jurisdiction as the Court of Disputed Returns. The scope of these amendments is confined to the Australian Capital Territory, with no indication of broader jurisdictional reach beyond this territory. There are no specific exclusions or exemptions mentioned in the text, and any further application or restriction of these amendments would likely be detailed in subordinate instruments or additional legislation.
Key Provisions
The statutory rules introduced by Statutory Rules 1989 No. 30 are intended to amend the Rules of the Supreme Court of the Australian Capital Territory in various ways. Firstly, the introduction of Sub-rule 4A in Order 26 (1a) allows the Commonwealth to make payments into Court by bond, aligning their process with that of authorized and approved insurers and corporations. This change ensures that the Commonwealth can now make payments in the same manner as other financially sound entities, facilitating a more streamlined process. Secondly, the amendment to Sub-rule 2(3) in Order 26 (1b) allows plaintiffs to recover costs incurred not only up to the date of any payment into Court by a defendant but also those reasonably incurred in considering the payment itself.
The amendments impose several obligations and requirements on parties involved in legal proceedings under the Rules of the Supreme Court of the Australian Capital Territory. The inclusion of Sub-rule 4A in Order 26 means that the Commonwealth must now follow the same procedures as approved insurers and corporations when making payments into Court by bond. This requirement ensures consistency and fairness in the payment processes. Additionally, the amendment to Sub-rule 2(3) in Order 26 obligates plaintiffs to ensure that they include all reasonably incurred costs in their recovery claims, providing a more comprehensive accounting of expenses related to a case.
The statutory rules do not explicitly mention any offences, penalties, or consequences for breach. However, non-compliance with the new payment procedures or failure to account for all reasonably incurred costs could potentially lead to legal challenges or disputes in the interpretation of the rules. The absence of specific penalties in the explanatory statement suggests that any breaches would be addressed through the existing legal framework or court decisions interpreting the amended rules. The overarching implication is that adherence to these procedural requirements is essential to avoid potential legal complications.