Australian Capital Territory

Supreme Court Amendment Rules 2002 (No 1)
Subordinate Law SL2002-16

We, Judges of the Supreme Court, make the following rules of court under the Supreme Court Act 1933, section 36.
Dated 14 June 2002.
JEFFREY MILES
Chief Justice
t.J. HIGGINS
Judge
M.F. GRAY
Judge
j. CIRCOSTA
Registrar

Australian Capital Territory

Supreme Court Amendment Rules 2002 (No 1)
Subordinate Law SL2002-16
made under the
Supreme Court Act 1933

    
Contents
	Page
	1	Name of rules	1
	2	Commencement	1
	3	Rules amended	1
	4	Order 1 rule 4, new definition of stamped	1
	5	Order 33 rule 1 (2), new note	1
	6	Order 40 rule 12	1
	7	Order 40 rule 15 (2)	2
	8	Order 40 rule 15	2
	9	Division 40.2	2
	10	Order 42 rule 11 (1) (a)	3
	11	Order 54 rule 5	3
	12	Order 54 rule 8	3
	13	Order 59 rule 9	3
	14	Order 62 new rule 1A	4
	15	Order 81 new rule 2A	4
	16	Order 81 new rule 21	4
	17	Order 82 rule 3 (3)	5
	18	Order 82 new rule 3A	5
	19	Order 82 rule 4 (1)	6
	20	Schedule 4, part 4.1, item 1, column 2	6
	21	Schedule 4, part 4.6, items 22 to 24, column 2, paragraph (f)	6
Schedule 1	Minor amendments	7
Schedule 2	Forms	16

1	Name of rules
These rules are the Supreme Court Amendment Rules 2002 (No 1).
2	Commencement
	(1)	These rules, other than rule 5, commence 28 days after their notification day.
	(2)	Rule 5 commences on the commencement of the amendment of the Act, section 55 made by the Statute Law Amendment Act 2002, or on the commencement of rule 4, whichever is later.
3	Rules amended
These rules amend the Supreme Court Rules.
4	Order 1 rule 4, new definition of stamped
insert
stamped, for a document, means stamped under order 62 rule 1A.
5	Order 33 rule 1 (2), new note
insert
Note	The Act, s 55 provides that the court may order that all or part of the evidence in a civil matter may or must be given by affidavit.  The court may make the order when giving directions.
6	Order 40 rule 12
substitute
12	Copies of affidavits to be served
	(1)	A copy of an affidavit intended to be used by a party in a proceeding must be served on each other party to the proceeding.
	(2)	The copy must be served—
	(a)	if the court sets a time for the service—within that time; or
	(b)	if the court does not set a time for the service—a reasonable time before the hearing of the proceeding.
	(3)	This rule does not apply to an application made without notice to another party.
7	Order 40 rule 15 (2)
substitute
	(2)	The party must serve a written notice on the party filing or proposing to use the affidavit, requiring the attendance of the person making the affidavit.
	(2A)	The notice must be served—
	(a)	if the court sets a time for the service—within that time; or
	(b)	if the court does not set a time for the service—a reasonable time before the attendance is required.
8	Order 40 rule 15
renumber subrules when rules next republished under Legislation Act 2001
9	Division 40.2
substitute
Division 40.2	Trial on affidavit
24	Evidence on affidavit by consent—Act, s 54
	(1)	An agreement of the parties to a suit, that the evidence at the trial of the suit will be given by affidavit, must be made before the suit is set down for trial.
	(2)	The parties must tell the court about the agreement before the suit is set down for trial.
10	Order 42 rule 11 (1) (a)
substitute
	(a)	the solicitor for a party to a cause or matter has lodged with the registrar a draft order in accordance with schedule 1, form 50AC or draft judgment in accordance with schedule 1, form 50AD.
11	Order 54 rule 5
omit
12	Order 54 rule 8
substitute
8	Service of notice of motion
	(1)	The plaintiff may, without the court’s leave, serve a copy of a notice of motion on a defendant.
	(2)	The copy must be a stamped copy.
	(3)	Unless the court otherwise orders, there must be at least 2 clear days between the service of a notice of motion and the day named in the notice for hearing the motion.
	(4)	This rule applies whether or not the defendant has appeared.
13	Order 59 rule 9
omit
Federal Court
substitute
Court of Appeal
14	Order 62 new rule 1A
insert
1A	Stamping
If a document has been filed by a party, and the document must or may be served on another party, the registrar may stamp a copy of the document to indicate that it is a copy of a filed document.
15	Order 81 new rule 2A
insert
2A	Non-publication order
	(1)	This rule applies if—
	(a)	an appeal is brought from a decision of a tribunal; and 
	(b)	the tribunal made an order prohibiting the publication of a party’s name (the non-publication order); and
	(c)	the non-publication order has not been discharged by the tribunal or the court.
	(2)	For the notice of appeal, the non-publication order remains in force as if it were an order of the court.
	(3)	In this rule:
party means a party to the proceeding to which the decision relates.
16	Order 81 new rule 21
insert
21	Further evidence on appeal—Magistrates Court Act 1930, s 214
	(1)	This rule applies to an application to the court to receive evidence mentioned in the Magistrates Court Act 1930, section 214 (3) and (4) in an appeal mentioned in that section.
	(2)	The application must be made by motion on the hearing of the appeal.
	(3)	The grounds of the application must be stated in an affidavit.
	(4)	Any evidence necessary to establish the grounds of the application, and the evidence that the applicant wants the court to receive, must be given by affidavit.
	(5)	Within 21 days before the hearing of the appeal, the applicant must file an affidavit mentioned in subrules (3) and (4) and serve it on the other party to the appeal.
	(6)	Unless the court otherwise orders, the evidence of the other party to the appeal must be given by affidavit.
	(7)	Within 14 days before the hearing of the appeal, the other party to the appeal must file the affidavit and serve it on the applicant.
17	Order 82 rule 3 (3)
omit
review
substitute
application
18	Order 82 new rule 3A
insert
3A	Other parties—decision made by tribunal
	(1)	A person must be joined as a respondent to an application for an order of review of a decision if the decision was made by a tribunal and the person—
	(a)	was a party to the proceedings before the tribunal; and
	(b)	would be affected by the order sought by the applicant or is interested in maintaining the decision.
	(2)	In this rule:
tribunal means an entity authorised to make a decision to which the Review Act applies.
19	Order 82 rule 4 (1)
omit
a decision
substitute
a decision to which the Review Act applies
20	Schedule 4, part 4.1, item 1, column 2
substitute
to sue or defend, to appeal or oppose an appeal
21	Schedule 4, part 4.6, items 22 to 24, column 2, paragraph (f)
substitute
	(f)	to inspect or produce a document; or
	(g)	to prepare appeal papers.

Schedule 1	Minor amendments
[1.1]	Order 1 rule 4, definition of Act, paragraph (g)
omit
80A
substitute
81
[1.2]	Order 1 rule 4, definition of Act, paragraph (h)
omit
80B
substitute
82
[1.3]	Order 1 rule 4, definition of Act, paragraph (i)
omit
80C
substitute
83
[1.4]	Order 1 rule 5
substitute
5	General heading style—sch 1, pt 1.1 forms
A document in accordance with a form in part 1.1 must be headed in the way set out in form 1, unless otherwise stated in the form.
[1.5]	Order 61 rule 3 (a)
omit
·	order 69; and
substitute
·	order 69
·	order 84 rule 14 (3); and
[1.6]	Order 61A rule 1, note
omit
o 83
substitute
o 88
[1.7]	Order 72 rule 1 
omit everything before the definition of Act, substitute
1	Definitions for o 72
In this order:
[1.8]	Order 72 rule 1A
substitute
1A	Words and expressions used in Administration and Probate Act
A word or expression used in the Act has the same meaning in this order and in schedule 1, part 1.2.
[1.9]	Order 72 rule 1B
omit
[1.10]	Order 76 rule 1A
substitute
1A	Words and expressions used in Adoption Act
A word or expression used in the Act has the same meaning in this order and in schedule 1, part 1.3.
[1.11]	Order 76 rule 1B
omit
[1.12]	Division 80.1
omit
[1.13]	Divisions 80.2 to 80.4
renumber as divisions 80.1 to 80.3
[1.14]	Order 80A
renumber as order 81
[1.15]	Order 80A rule 1 heading
substitute
1	Definitions for o 81
[1.16]	Order 80B
renumber as order 82
[1.17]	Order 80B rule 1 heading
substitute
1	Definitions for o 82
[1.18]	Order 80C heading
substitute
Order 83	Evidence and Procedure (New Zealand) Act 1994 (Cwlth)
Division 83.1	Preliminary
[1.19]	Order 80C rule 1 heading
substitute
1	Meaning of Act in o 83
[1.20]	Order 80C rule 1A
substitute
1A	Words and expressions used in Evidence and Procedure (New Zealand) Act 
A word or expression used in the Act has the same meaning in this order and in schedule 1, part 1.5.
[1.21]	Order 80C rule 1B
omit
[1.22]	Order 80D heading
substitute
Division 83.2	Service of subpoena in New Zealand
[1.23]	Order 80E heading
substitute
Division 83.3	Failure to comply with subpoena
[1.24]	Order 80F heading
substitute
Division 83.4	Setting aside subpoena
[1.25]	Order 80G heading
substitute
Division 83.5	Evidence by videolink or telephone
[1.26]	Order 80H heading
substitute
Division 83.6	Fax copies
[1.27]	Orders 80C to 80H, rules
renumber rules, beginning at rule 1, when rules next republished under Legislation Act 2001
[1.28]	Order 81
renumber as order 84
[1.29]	Order 81 rule 1
substitute
1	Definitions for o 84
[1.30]	Order 81A
renumber as order 85
[1.31]	Order 81A rule 1 heading
substitute
1	Definitions for o 85
[1.32]	Order 82
renumber as order 87
[1.33]	Order 82 rule 1 heading
substitute
1	Meaning of Review Act in o 87
[1.34]	Order 83
renumber as order 88
[1.35]	Order 83 rule 1 heading
substitute
1	Definitions for o 88
[1.36]	Order 83 rule 1, definition of proceeding
omit
83.2
substitute
88.2
[1.37]	Order 83 rule 11H (1)
omit
83
substitute
88
[1.38]	Divisions 83.1 to 83.4
renumber as divisions 88.1 to 88.4
[1.39]	Parts
renumber parts when rules next republished under Legislation Act 2001
[1.40]	Schedule 1 heading
substitute
Schedule 1	Forms
Part 1.1	Civil proceedings forms
[1.41]	Schedule 1 form 82
omit
(see o 82 r 4)
substitute
(see o 87 r 4)
[1.42]	Schedule 1 forms 83 to 88
omit
o 83 
substitute
o 88
[1.43]	Schedule 1 forms 85 to 88
omit
order 83
substitute
order 88
[1.44]	Schedule 1 forms
renumber (beginning with form 1.1) when rules next republished under Legislation Act 2001
[1.45]	Schedule 1
after form 88, insert
Part 1.2	Administration and probate forms
Part 1.3	Adoption forms
Part 1.4	Criminal proceedings forms
Part 1.5	Evidence and Procedure (New Zealand) Act 1994 (Cwlth) forms
Part 1.6	Appeal forms
[1.46]	Schedule 3 forms
relocate to schedule 1, part 1.2, and renumber (beginning with form 2.1) when rules next republished under Legislation Act 2001
[1.47]	Schedule 4
renumber as schedule 3, and renumber its parts, when rules next republished under Legislation Act 2001
[1.48]	Schedule 8 forms
relocate to schedule 1, part 1.3, and renumber (beginning with form 3.1) when rules next republished under Legislation Act 2001
[1.49]	Schedule 11 forms
relocate to schedule 1, part 1.4, and renumber (beginning with form 4.1) when rules next republished under Legislation Act 2001
[1.50]	Schedule 13B forms
relocate to schedule 1, part 1.5, and renumber (beginning with form 5.1) when rules next republished under Legislation Act 2001
[1.51]	Schedule 14 forms 1 and 2
omit
o 81
substitute
o 84
[1.52]	Schedule 14 forms
relocate to schedule 1, part 1.6, and renumber (beginning with form 6.1) when rules next republished under Legislation Act 2001
[1.53]	Schedules 8, 11, 13B and 14
omit

Schedule 2	Forms
(see r 3)
[2.1]	Schedule 1, form 50AC
substitute
Form 50AC	Consent order
(see o 42 r 11)
[Heading as in form 1]
Date of order:  [court to enter]
Originating process:  [originating application (or other) and date filed]
How obtained:  By consent of parties
Other matters:  [if applicable]

THE COURT ORDERS BY CONSENT THAT:
1	
2	

We consent for order 42 rule 11 to the order(s).

Signature(s) of				Signature(s) of
solicitor(s) for the plaintiff (s)		solicitor(s) for the defendant(s)
name:					name:
date:					date:

Date entered:  [court to enter]

Registrar

Form 50AD	Consent judgment
(see o 42 r 11)
[Heading as in form 1]
Date of judgment:  [court to enter]
Originating process:  [originating application (or other) and date filed]
How obtained:  By consent of parties
Other matters:  [if applicable]

THE COURT ORDERS BY CONSENT THAT:
1	Judgment be entered for the plaintiff for $           .
2	The defendant pay the plaintiff’s costs.
3	[if applicable, any other orders, for example interest] 

THE JUDGMENT OF THE COURT IS THAT:
The plaintiff recover against the defendant $           and costs.

We consent for order 42 rule 11 to the order(s).

Signature(s) of				Signature(s) of
solicitor(s) for the plaintiff(s)		solicitor(s) for the defendant(s)
name:					name:
date:					date:

Date entered:  [court to enter]

Registrar

[2.2]	Schedule 1, form 81
substitute
Form 81	Application for order of review
(see o 87 r 3)
In the Supreme Court of the Australian Capital Territory
No	of [year]
Between:  
AB	Applicant
and 
CD	Respondent(s) 
Application for order of review
Application to review the decision of (the respondent or the first respondent) that 
(specify decision)
OR
Application to review the conduct of (the respondent or the first respondent), being 
(identify conduct)
OR
Application to review conduct in which (the respondent or the first respondent) proposes to engage, being 
(identify conduct)
OR
Application to review the failure of (the respondent or the first respondent) to decide that 
(specify the decision which it is alleged ought to have been made)
The applicant is aggrieved by the (decision or conduct or proposed conduct or failure) because:
1
2
etc		(reasons)
The grounds of the application are:
1
2
etc		(particulars of fraud or bad faith, if alleged)
The applicant claims:
1	An order (or declaration) that (specify relief sought).
2	etc
Date:
Signature of *applicant/*applicant’s solicitor:
Applicant’s address for service:
Notice to respondent
[respondent’s name and address]
1  Entry of appearance
Before taking any step in these proceedings, you must enter an appearance in the Registry.

2  Directions hearing 
1  A directions hearing will be heard in the court as follows:
Date:
Time: 
Place:
[Registrar to insert date and time (unless set by court) and place].

2  If you do not attend the directions hearing, either in person or by your legal representative, directions may be given, the application may be dealt with, and a judgment may be given against you, in your absence.

(If the time for service has been abridged, add:)
The time by which this application, with its notice of the directions hearing, is to be served has been abridged by the court to (specify time).
Date:

By the court
(signature and description of officer of the court)
*Strike out where inapplicable

Endnotes
Republications of amended laws
1	For the latest republication of amended laws, see www.legislation.act.gov.au.
Notification
2	Notified under the Legislation Act 2001 on 19 June 2002.
	(see www.legislation.act.gov.au)

© Australian Capital Territory 2002