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Supreme Court Rules (Amendment No 412) 2007


Date:
08/30/2007




    Supreme Court Rules (Amendment No 412) 2007
    under the
    Supreme Court Act 1970

    The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 30 August 2007.

    Steven Jupp
    Secretary of the Rule Committee

    Explanatory note
    On 1 January 2008, the Uniform Civil Procedure Rules 2005 will be amended to include a new Part 51. The new Part will provide for rules of court for the Court of Appeal. The object of these Rules is to make consequential amendments to the Supreme Court Rules 1970, including the repeal of the current Part 51 (Court of Appeal).

    Supreme Court Rules (Amendment No 412) 2007
    under the Supreme Court Act 1970

    1 Name of Rules
      These Rules are the Supreme Court Rules (Amendment No 412) 2007.

    2 Commencement
      These Rules commence on 1 January 2008.

    3 Amendment of Supreme Court Rules 1970
      The Supreme Court Rules 1970 are amended as set out in Schedule 1.


    Schedule 1 Amendments
                                          (Rule 3)

    [1] Part 51 Court of Appeal
        Omit the Part.

    [2] Part 60, rule 1A
        Omit rule 1A (1) (b). Insert instead:
          (b) subject to subrule (4), under provisions of any of the following rules of court (the relevant rules):
            (i) these rules,
        (ii) the Supreme Court (Corporations) Rules 1999,
            (iii) the Uniform Civil Procedure Rules 2005,
    [3] Part 60, rule 1A (2), (4) and (6)
        Omit “the rules” wherever occurring. Insert instead “the relevant rules”.

    [4] Part 61, rule 4
        Omit the rule.

    [5] Schedule D Powers of associate Judges
        Omit “Provision of these rules” from Column 1 of Part 2. Insert instead:
        Rules of court and
        provision

        Supreme Court Rules
        1970:
    [6] Schedule D, Part 2
        Omit the matter relating to Part 51.

    [7] Schedule D, Part 2
        Insert at the end of the Part:
        Uniform Civil
        Procedure Rules 2005:

        Part 51 Court of Appeal

    [8] Schedule F Forms
        Omit “Part 51 rules 49 and 57 and Forms 60, 60AA, 62, 62A, and 62AA (Court of Appeal),” from paragraph 3 of the Explanatory notes at the beginning of the Schedule.

    [9] Schedule F, Form 16
        Omit “(where Part 51 rule 20 or Part 51AA rule 13B applies add and submits to the orders of the Court, save as to costs)”.

    [10] Schedule F, Forms 59–62AA1
        Omit the Forms.

    [11] Schedule F, Index of Forms
        Omit the matter relating to Forms 59–62AA1.



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