EXPLANATORY STATEMENT
Statutory Rules 1990 No. 129
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 relate to the practice and procedure of the Court in civil actions.
Order 26 of the Rules deals with the procedure allowing a defendant to make a payment into Court to satisfy the cause of action against that defendant.
Subrules 4A and 4B have been inserted in Order 26 Rule 1 to enable a defendant to make payment in other than by cash or by bond. A defendant, pursuant to the amendments, can make a payment into Court by lodging a security such as an interest bearing bond, irrevocable letter of credit, bank guarantee or other form of security to the satisfaction of the Registrar.
Subrule 6 has been inserted in Order 26 Rule 1 to provide for an allowance for interest to be included in the plaintiff’s claim or cause of action at the time a payment into Court is made.
Rule 1A is inserted in Order 26 to provide that in circumstances where a defendant counterclaims against a plaintiff and subsequently makes a payment into Court in satisfaction of the plaintiff’s claim, the defendant must specify which causes of action in the counterclaim (if any) are intended to be disposed of by the payment in.
The amendments to Rules 2 and 5 of Order 26 are consequent upon the amendment to Rule 1 of Order 26 and the insertion of Rule 1A.
Rule 4A of Order 26 is amended to put the Government Solicitor for the Australian Capital Territory and the Australian Government Solicitor in exactly the same position regarding their ability to pay into Court by bond.
Order 42A provides for the inclusion of an interest component after judgment, so that defendants are encouraged to pay their judgment debts without delay.
Order 42A has been redrafted to raise the post judgment interest rates in line with Treasury figures which represent the current average loan rate calculated by the Reserve Bank and reviewed regularly. The present rate
unaltered since 1/5/86 is 15%. The effect of the amendment is as follows:-
Judgment entered before 1.10.70
* Interest from date of judgment to 30/4/86 - 5%
“ “ 1/5/86 to 30/6/90 - 15%
“ “ 1/7/90 to payment - 20%
Judgment entered after 1/10/77 but before 1/5/86
* Interest from date of judgment to 30/4/86 - 10%
“ “ 1/5/86 to 30/6/90 - 15%
“ “ 1/7/90 to payment - 20%
Judgment entered after 1/5/86 but before 30/6/90
* Interest from date of judgment to 30/6/90 - 15%
* “ “ 1/7/90 to payment - 20%
Judgment entered after 1/7/90
* Interest from date of judgment to payment 20%
The amendments to Rules 15 and 16 of Order 43 reflect the increased interest provided for in Order 42A.
Rule 5 of Order 61 is amended consequent upon the repeal of Section 8(4) of the Supreme Court Act 1933 by the Statute Law (Miscellaneous Provisions) Act 1988 and the introduction of s. 8AAB providing for the exercise of jurisdiction by the Registrar.
Rules 1.01 and 5.01 of Order 61A are amended to correct typographical errors in the rules published on 24 October 1988.
Rule 59A has been inserted in Order 75A so that the Corporate Affairs Commission is put on notice of an application for reinstatement of a company. The reinstatement of a company may affect the rights and liabilities of the company’s former directors, shareholders and creditors other than the applicant for reinstatement. If the Commission is put on notice of such an application it may choose to exercise its rights under s.540 of the Companies Act 1981 to intervene in the proceedings and seek directions from the Court as to service of the application on other persons.