Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 TABLE OF PROVISIONS Rule Page Part 1—Preliminary 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 Part 2—Amendments relating to authentication and prescribed forms of judgment or order 2 5 Mode of authentication 2 6 Drawing up of judgment or order 2 7 Form 60A amended 2 8 Form 60C amended 2 9 Form 60D amended 3 10 Form 60F amended 3 11 Form 60J amended 3 12 Form 60K amended 3 13 Form 60L amended 3 Part 3—Other amendments 4 14 Powers of Court 4 15 New Rule 34.05 4 16 Form and filing of summons 5 17 Day for hearing 5 18 Adjournment 5 19 Authority of Associate Judges 6 20 Authority of judicial registrars 6 ═══════════════ Endnotes 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 108/2016 Supreme Court Act 1986 Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 The Judges of the Supreme Court make the following Rules: Part 1—Preliminary 1 Object The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to expand the jurisdiction and powers of judicial registrars, to make related amendments to the powers and authorities of Associate Judges and other persons and to update certain prescribed forms of judgment or order. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on 1 September 2016. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 20151 are called the Principal Rules. -- 2 of 11 -- Part 2—Amendments relating to authentication and prescribed forms of judgment or order Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 2 Part 2—Amendments relating to authentication and prescribed forms of judgment or order 5 Mode of authentication In Rule 60.02 of the Principal Rules— (a) for "or the Associate Judge" (wherever occurring) substitute ", the Associate Judge or the judicial registrar"; (b) for "or an Associate Judge" (wherever occurring) substitute ", an Associate Judge or a judicial registrar"; (c) in paragraph (3), for "or Associate Judge" substitute ", another Associate Judge or another judicial registrar". 6 Drawing up of judgment or order In Rule 60.03(3) of the Principal Rules, for "or the Associate Judge" substitute ", the Associate Judge or the judicial registrar". 7 Form 60A amended In Form 60A of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR". 8 Form 60C amended In Form 60C of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR". -- 3 of 11 -- Part 2—Amendments relating to authentication and prescribed forms of judgment or order Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 3 9 Form 60D amended In Form 60D of the Principal Rules— (a) in the title to the Form, omit "by Judge"; (b) in the heading to the Form, omit "BY JUDGE"; (c) after "JUDGE" insert "[or ASSOCIATE JUDGE]". 10 Form 60F amended In Form 60F of the Principal Rules, after "JUDGE" insert "[or ASSOCIATE JUDGE]". 11 Form 60J amended In Form 60J of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR". 12 Form 60K amended In Form 60K of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR". 13 Form 60L amended In Form 60L of the Principal Rules, after "ASSOCIATE JUDGE" insert "or JUDICIAL REGISTRAR". -- 4 of 11 -- Part 3—Other amendments Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 4 Part 3—Other amendments 14 Powers of Court After Rule 34.01(2) of the Principal Rules insert— "(3) The Court may, of its own motion, convene a directions hearing at any time.". 15 New Rule 34.05 After Rule 34.04 of the Principal Rules insert— "34.05 Associates may adjourn directions hearings (1) Where the Court has fixed a time for a directions hearing, including a directions hearing convened on the Court's own motion, the Associate of the Judge of the Court, Associate Judge or judicial registrar (as the case requires) who is to conduct the directions hearing or, where the directions hearing is to be conducted within a specialist list, an Associate responsible for the specialist list— (a) may by consent adjourn the directions hearing to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and (b) shall record the adjournment and any reservation of the costs by indorsement on the court file. (2) If the directions hearing is adjourned under paragraph (1), the Court may thereafter, whether the costs of the adjournment were reserved or not, make an order in relation to the costs of or occasioned by the adjournment as it thinks fit. -- 5 of 11 -- Part 3—Other amendments Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 5 (3) Rule 63.22 shall apply to costs reserved under paragraph (1) as if the costs were reserved by order of the Court.". 16 Form and filing of summons (1) In Rule 46.04(2)(b) of the Principal Rules, for "Prothonotary." substitute "Prothonotary;". (2) After Rule 46.04(2)(b) of the Principal Rules insert— "(c) where application is made to a judicial registrar, other than a judicial registrar in the Costs Court, with the appropriate judicial registrar's Associate or the Prothonotary.". 17 Day for hearing (1) In Rule 46.05.1(2)(b) of the Principal Rules, for "Prothonotary." substitute "Prothonotary;". (2) After Rule 46.05.1(2)(b) of the Principal Rules insert— "(c) if the summons is to be heard by the Court constituted by a judicial registrar, by a judicial registrar's Associate or the Prothonotary.". 18 Adjournment For Rule 46.06(2) of the Principal Rules substitute— "(2) The Associate of the Judge of the Court, Associate Judge or judicial registrar (as the case requires) who is to conduct the directions hearing or, where an application is to be heard within a specialist list, an Associate responsible for the specialist list— -- 6 of 11 -- Part 3—Other amendments Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 6 (a) may by consent adjourn the hearing of an application to a particular date or for a particular time or generally, and reserve the costs of the adjournment; and (b) shall record the adjournment and any reservation of the costs by indorsement on the court file.". 19 Authority of Associate Judges After Rule 77.01(2)(a)(xii) of the Principal Rules insert— "(xiii) section 134AB(30) and (31) of the Accident Compensation Act 1985; (xiv) section 344(6) and (7) of the Workplace Injury Rehabilitation and Compensation Act 2013;". 20 Authority of judicial registrars (1) After Rule 84.02(1)(d) of the Principal Rules insert— "(da) an application under section 134AB(30) and (31) of the Accident Compensation Act 1985; (db) an application under section 344(6) and (7) of the Workplace Injury Rehabilitation and Compensation Act 2013;". (2) After Rule 84.02(2) of the Principal Rules insert— "(3) Subject to this Order, a judicial registrar may in any civil proceeding hear and determine— -- 7 of 11 -- Part 3—Other amendments Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 7 (a) an application under, or a matter constituted by a proposed exercise (whether on the Court's own motion or otherwise) of the Court's powers under,— (i) section 47 (except subsection (3)(f)), 48, 50, 50A (except subsection (1)(b)), 52, 65I or 66 of the Civil Procedure Act 2010; (ii) Order 34; (iii) Rule 4.14(3) of Chapter II of the Rules of the Supreme Court; (b) an application for an order for the payment, or taxation and payment, of costs, including any reserved costs; (c) an application made by consent of the parties for— (i) judgment for the recovery of any debt or damages together with interest or damages in the nature of interest; (ii) an order for the striking out or dismissal of the proceeding; (iii) an order for the payment out of Court of money paid into Court (other than money paid into Court for the benefit of a person under disability); (iv) an order staying the execution of any judgment or order. -- 8 of 11 -- Part 3—Other amendments Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 8 (4) Nothing in paragraph (3) authorises a judicial registrar— (a) to hear or determine any application or other matter which (without referral under Rule 77.05) would not be within the authority of an Associate Judge; (b) to conduct the trial of a proceeding; (c) to give any judgment or make any order at the trial of a proceeding. (5) For the purposes of hearing and determining any application or other matter referred to in paragraph (3)— (a) the judicial registrar constitutes the Court; and (b) all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.". Dated: 25 August 2016 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. R. S. OSBORN, J.A. DAVID F. R. BEACH, J.A. S. G. E. McLEISH, J.A. ELIZABETH HOLLINGWORTH, J. ANTHONY CAVANOUGH, J. JACK FORREST, J. JAMES JUDD, J. PETER VICKERY, J. TERRY FORREST, J. KARIN EMERTON, J. -- 9 of 11 -- Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 9 CLYDE CROFT, J. JOHN R. DIXON, J. C. MACAULAY, J. KATE McMILLAN, J. GREG GARDE, J. G. J. DIGBY, J. JAMES D. ELLIOTT, J. T. J. GINNANE, J. MELANIE SLOSS, J. JOANNE CAMERON, J. MICHAEL McDONALD, J. JANE A. DIXON, J. A. J. KEOGH, J. MAREE KENNEDY, J. ═══════════════ -- 10 of 11 -- Endnotes Supreme Court (Powers of Judicial Registrars and Other Amendments) Rules 2016 S.R. No. 108/2016 Authorised by the Chief Parliamentary Counsel 10 Endnotes 1 Rule 4: S.R. No. 103/2015 amended by S.R. Nos 143/2015, 144/2015, 14/2016, 51/2016 and 52/2016. -- 11 of 11 --