STATUTORY RULES.
1963. No. 77.
SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA.
Rule of Court under the Northern Territory Supreme Court Act 1961.*
WITNESSES’ EXPENSES.
I, ALAN BRUCE KEITH IAN BRIDGE, the Senior Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961, hereby make the following Rule of Court.
Dated this thirtieth day of May, 1963.
ALAN BRIDGE
Senior Judge of the Supreme Court of the Northern Territory of Australia.
RULE OF COURT.
Witnesses’ expenses.
1.—(1.) Except where otherwise ordered, in all causes, matters or proceedings commenced or instituted after, or pending at the time when this Rule comes into operation, solicitors shall be entitled to charge and be allowed costs in respect of witnesses’ expenses at the rate, and subject to the conditions, made applicable by sub-rule (3.) of this rule.
(2.) Where, for the purpose of giving evidence or producing a document in criminal proceedings, a person attends the Supreme Court in pursuance of, or obedience to, any recognizance or subpoena or at the request of the prosecution, the sheriff shall pay to the person witness’s expenses at the rate, and subject to the conditions, made applicable by sub-rule (3.) of this rule.
(3.) The rate and the conditions that apply in relation to sub-rules (1.) and (2.) of this rule are the rate and the conditions that are, from time to time, prescribed in relation to witnesses’ expenses by the Justices of the High Court under section 86 of the Judiciary Act 1903-1960.
*Notified, in pursuance of section 55 of the Northern Territory Supreme Court Act 1961, in the Northern Territory Government Gazette on 12th June, 1963.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
5415/63—PRICE 3D.
Overview
The Statutory Rules 1963 No. 77, made under the Northern Territory Supreme Court Act 1961, address the need for clear guidelines on the reimbursement of expenses for witnesses in the Supreme Court of the Northern Territory. Enacted in 1963, this legislative instrument was introduced to ensure that witnesses who attend court in response to a subpoena or at the request of the prosecution for criminal proceedings are compensated for their expenses. The rule was established to formalise the process for reimbursing witnesses, aligning it with the rates and conditions set by the Justices of the High Court under section 86 of the Judiciary Act 1903-1960. This ensures consistency and fairness in the treatment of witnesses across different jurisdictions. The policy objective of this rule is to facilitate the attendance of necessary witnesses in court proceedings by providing a structured mechanism for the payment of their expenses.
Scope and Application
This Statutory Rule, established under the Northern Territory Supreme Court Act 1961, pertains to the reimbursement of witnesses’ expenses within the jurisdiction of the Northern Territory Supreme Court of Australia. Specifically, it applies to solicitors who are entitled to charge and be reimbursed for witnesses' expenses in all causes, matters, or proceedings that commence or are pending as of the rule's effective date. Additionally, it extends to individuals who attend the Supreme Court in response to a recognizance, subpoena, or at the prosecution's request in criminal proceedings, ensuring they receive payment for their expenses from the sheriff. The rates and conditions applicable to these reimbursements are determined by the Justices of the High Court under section 86 of the Judiciary Act 1903-1960, thus aligning with national standards. This rule is designed to provide a consistent framework for the reimbursement of witnesses' expenses, ensuring fairness and compliance with the prescribed conditions across the Northern Territory.
Key Provisions
The Supreme Court of the Northern Territory Rule of Court 1963, specifically concerning witnesses' expenses, establishes that, except where otherwise ordered, solicitors in all causes, matters, or proceedings initiated or pending after the rule comes into operation will be entitled to charge and be reimbursed for witnesses' expenses as per the rates and conditions set by the Justices of the High Court under section 86 of the Judiciary Act 1903-1960 (Rule 1(1) and (2)). This rule extends to individuals who attend the Supreme Court to give evidence or produce documents in criminal proceedings pursuant to a recognizance, subpoena, or at the prosecution's request, where the sheriff will pay the witnesses' expenses at the same rates and conditions (Rule 1(2)). The rates and conditions applicable to these expenses are those prescribed by the Justices of the High Court (Rule 1(3)).
Under this rule, solicitors and the sheriff must adhere to the prescribed rates and conditions when reimbursing or paying witnesses' expenses. This ensures consistency and fairness in how these expenses are handled within the Northern Territory Supreme Court. The obligations imposed by this rule are clear: any party or entity involved in legal proceedings must ensure that witnesses' expenses are managed according to these specified rates and conditions. This includes both the solicitors who may incur such expenses on behalf of their clients and the sheriff who must disburse payments to witnesses in criminal proceedings.
Failure to comply with the provisions regarding witnesses' expenses could result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text of the rule. Generally, breaches of court rules may lead to actions such as the disallowance of costs or other financial penalties, depending on the nature and severity of the breach. It is important for all parties involved to adhere strictly to the prescribed rates and conditions to avoid any potential repercussions.