EXPLANATORY STATEMENT
Statutory Rules 1983 No. 27
Issued by the authority of the Judges of the Supreme Court of the Australian Capital Territory
AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
These miscellaneous amendments are in five classes. The first class relates to service of process on corporations. The amendments now made take account of the passing of the Companies Act 1981.
The second relates to appearance, and makes clear that appearance may still be entered after interlocutory judgment, though not after final judgment.
The third almost completely replaces the existing rules relating to subpoenas with a set of rules based on those of the Supreme Court of New South Wales, which are simpler and clearer. New forms of subpoena are provided which are much easier for lay persons to understand.
The fourth simplifies the procedure for the obtaining of evidence at the request of a foreign tribunal, for use in foreign proceedings.
The fifth relates to the taxation of costs. The taxing officer has at present no power to allow the costs of negotiations for settlement of the case unless those negotiations resulted in an actual settlement. The amendment empowers him to allow such costs if they appear to him to have been reasonably incurred, whether or not an actual settlement resulted. The amendments will tend to encourage reasonable negotiations for settlement.