Supreme Court (Commercial, TEC and Intellectual Property Lists Amendment) Rules 2014
Authorised by the Chief Parliamentary Counsel
Authorised Version
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Supreme Court (Commercial, TEC and Intellectual
Property Lists Amendment) Rules 2014
S.R. No. 47/2014
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY 1
1 Objects 1
2 Authorising provisions 1
3 Commencement 1
PART 2—AMENDMENT OF CHAPTER II 2
4 New Rule 1.05.1—Chapter II 2
1.05.1 Definitions 2
5 Order 2 substituted 2
ORDER 2 2
COMMERCIAL LIST 2
2.01 Definitions 2
2.02 Commercial List Judges to manage cases in List 3
2.03 Entry into Commercial List 4
2.04 Directions 5
2.05 No certificate of readiness 5
2.06 Removal from Commercial List 5
2.07 Summary judgment 5
6 Order 3 substituted 6
ORDER 3 6
TECHNOLOGY, ENGINEERING AND CONSTRUCTION
LIST 6
3.01 Definitions 6
3.02 TEC List Judges to manage cases in List 8
3.03 Entry into TEC List 8
3.04 Directions 9
3.05 Removal from TEC List 9
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Rule Page
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PART 3—AMENDMENT OF CHAPTER VIII 10
7 Definitions—Chapter VIII 10
8 Judge of the Court to control list 10
9 Entry into Intellectual Property List 10
10 Removal from List 11
11 Rule 2.04 substituted 11
2.04 Directions 11
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ENDNOTES 14
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2014
S.R. No. 47/2014
Supreme Court Act 1986
Supreme Court (Commercial, TEC and Intellectual
Property Lists Amendment) Rules 2014
The Judges of the Supreme Court make the following Rules:
PART 1—PRELIMINARY
1 Objects
The objects of these Rules are to amend Chapter II
and Chapter VIII of the Rules of the Supreme
Court in relation to the Commercial, TEC and
Intellectual Property Lists and to facilitate the use
of the RedCrest electronic case management
system in those Lists.
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 July 2014.
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PART 2—AMENDMENT OF CHAPTER II
4 New Rule 1.05.1—Chapter II
After Rule 1.05 of the Supreme Court
(Miscellaneous Civil Proceedings) Rules 20081
insert—
"1.05.1 Definitions
In these Rules—
RedCrest means the electronic case
management system known as
"RedCrest" as in operation in the Court
from time to time.".
5 Order 2 substituted
For Order 2 of the Supreme Court (Miscellaneous
Civil Proceedings) Rules 2008 substitute—
"ORDER 2
COMMERCIAL LIST
2.01 Definitions
In this Order—
Commercial List or List means the list of
Judge managed commercial
proceedings compiled by the
Prothonotary;
Commercial List Judge means a Judge of
the Court nominated by the Chief
Justice to be a Commercial List Judge;
commercial proceeding means any
proceeding commenced by writ,
originating motion or originating
process in Form 5F of Chapter I—
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(a) which arises out of ordinary
commercial transactions,
including any proceeding relating
to—
(i) the construction of
commercial, shipping or
transport documents;
(ii) the export or import of
merchandise;
(iii) the carriage of goods for the
purpose of trade or
commerce;
(iv) insurance;
(v) banking;
(vi) finance;
(vii) commercial agency;
(viii) commercial usage; or
(b) in which there is a question that
has importance in trade or
commerce.
2.02 Commercial List Judges to manage cases
in List
(1) Subject to paragraphs (2) and (3), the powers
of the Court in relation to a proceeding in the
List shall be exercised only by a Commercial
List Judge.
(2) The powers of the Court in relation to a
proceeding in the Commercial List may be
exercised by a Judge of the Court other than
a Commercial List Judge—
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(a) if a Commercial List Judge so requests;
or
(b) if in special or urgent circumstances
that other Judge of the Court thinks fit
to exercise them.
(3) Subject to Rules 1.11 and 1.12, an Associate
Judge may exercise the powers of the Court
in relation to a proceeding in the Commercial
List on a reference by or by leave of a
Commercial List Judge.
(4) Subject to paragraph (2) and Rule 1.11(5), an
appeal from any judgment given or order
made by an Associate Judge in a proceeding
in the List shall be heard by a Commercial
List Judge.
2.03 Entry into Commercial List
(1) At the option of the plaintiff, the originating
process in a commercial proceeding may be
marked in the top left-hand corner with the
words "Commercial List" and, on the filing
of an originating process so marked, the
proceeding is taken to be entered in the List.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in
RedCrest).
(2) Any party to a commercial proceeding in
which the originating process has not been so
marked may apply to a Commercial List
Judge for an order entering the proceeding in
the Commercial List.
Note
See Rule 28A.01(2) of Chapter I (electronic filing in
RedCrest).
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2.04 Directions
A Commercial List Judge may, at any time,
give any directions for the conduct of the
proceeding which the Judge thinks
conducive to its effective, complete, prompt
and economical determination.
Note
Where a proceeding is commenced by electronic
filing of the originating process in RedCrest under
Order 28A of Chapter I, a date for a first directions
hearing will be allocated automatically and included
in the originating process. See Form 5F of Chapter I.
2.05 No certificate of readiness
No certificate of readiness for trial shall be
necessary in a commercial proceeding.
2.06 Removal from Commercial List
A Commercial List Judge may at any time
order that a proceeding in the Commercial
List be removed from the List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in
RedCrest).
2.07 Summary judgment
Nothing in this Order shall prevent a party
from applying under Order 21, 22 or 23 of
Chapter I or Part 4.4 of Chapter 4 of the
Civil Procedure Act 2010.
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6 Order 3 substituted
For Order 3 of the Supreme Court (Miscellaneous
Civil Proceedings) 2008 substitute—
"ORDER 3
TECHNOLOGY, ENGINEERING AND
CONSTRUCTION LIST
3.01 Definitions
In this Order—
technology includes—
(a) telecommunications equipment,
devices, systems and networks;
(b) computers, computer modules,
computer systems and networks
and computer software;
(c) electrical circuits and circuit
boards;
(d) machines or machinery;
(e) processing operations and
facilities;
(f) any component, module,
equipment, machine or system
which is produced by the
application of technology,
mechanics or applied science;
technology, engineering and construction
case and TEC case means any
proceeding in relation to—
(a) the design or carrying out of TEC
works;
(b) the supervision or inspection of
the construction of TEC works;
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(c) the performance by an architect,
designer, engineer, quantity
surveyor or other expert of any
other services in relation to the
design or construction or the
supervision or inspection of TEC
works;
(d) the manufacture or provision of
any materials for inclusion in TEC
works;
(e) the performance of anything
produced, manufactured or
constructed as a result of TEC
works which involves or is likely
to involve expert evidence of a
technical nature;
(f) the sale or supply of anything
produced, manufactured or
constructed as a result of TEC
works which involves or is likely
to involve expert evidence of a
technical nature—
but does not include any proceeding
that includes a claim for personal
injury;
Technology, Engineering and Construction
List, TEC List or List means the list of
Judge managed technology,
engineering and construction cases
compiled by the Prothonotary;
TEC List Judge means a Judge of the Court
nominated by the Chief Justice to be a
TEC List Judge;
TEC works means technology, engineering
or building construction works of any
description whatsoever.
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3.02 TEC List Judges to manage cases in List
(1) Subject to paragraphs (2) and (3), the powers
of the Court in relation to a proceeding in the
List shall be exercised only by a TEC List
Judge.
(2) The powers of the Court in relation to a
proceeding in the TEC List may be exercised
by a Judge of the Court other than a TEC
List Judge—
(a) if a TEC List Judge so requests; or
(b) if in special or urgent circumstances
that other Judge of the Court thinks fit
to exercise them.
(3) Subject to Rules 1.11 and 1.12, an Associate
Judge may exercise the powers of the Court
in relation to a proceeding in the TEC List on
a reference by or by leave of a TEC List
Judge.
3.03 Entry into TEC List
(1) At the option of the plaintiff, the originating
process in a TEC case may be marked in the
top left-hand corner with the words "TEC
List" and, on the filing of an originating
process so marked, the proceeding is taken to
be entered in the List.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in
RedCrest).
(2) Any party in a TEC case in which the
originating process has not been so marked
may apply to a TEC List Judge for an order
entering the proceeding in the TEC List.
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(3) By leave of a TEC List Judge, a proceeding
may be entered in the TEC List upon a
reference from another Judge or an Associate
Judge.
Note
See Rule 28A.01(2) of Chapter I (electronic filing in
RedCrest).
3.04 Directions
A TEC List Judge may, at any time, give any
directions for the conduct of the proceeding
which the Judge thinks conducive to its
effective, complete, prompt and economical
determination.
Note
Where a proceeding is commenced by electronic
filing of the originating process in RedCrest under
Order 28A of Chapter I, a date for a first directions
hearing will be allocated automatically and included
in the originating process. See Form 5F of Chapter I.
3.05 Removal from TEC List
A TEC List Judge may at any time order that
a proceeding in the TEC List be removed
from the List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in
RedCrest).
__________________".
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PART 3—AMENDMENT OF CHAPTER VIII
7 Definitions—Chapter VIII
In Rule 1.06(1) of the Supreme Court (Intellectual
Property) Rules 20062 insert the following
definition—
'RedCrest means the electronic case management
system known as "RedCrest" as in operation
in the Court from time to time;'.
8 Judge of the Court to control list
In Rule 2.01(3) of the Supreme Court (Intellectual
Property) Rules 2006 after "special" insert "or
urgent".
9 Entry into Intellectual Property List
(1) In Rule 2.02(1) of the Supreme Court (Intellectual
Property) Rules 2006—
(a) after "originating motion" insert
", originating process in Form 5F of
Chapter I";
(b) for "shall" substitute "is taken to".
(2) At the foot of Rule 2.02(1) of the Supreme Court
(Intellectual Property) Rules 2006 insert—
"Note
See Rule 28A.01(1) of Chapter I (electronic filing in
RedCrest).".
(3) At the foot of Rule 2.02(3) of the Supreme Court
(Intellectual Property) Rules 2006 insert—
"Note
See Rule 28A.01(2) of Chapter I (electronic filing in
RedCrest).".
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10 Removal from List
At the foot of Rule 2.03 of the Supreme Court
(Intellectual Property) Rules 2006 insert—
"Note
See Rule 28A.01(3) of Chapter I (electronic filing in
RedCrest).".
11 Rule 2.04 substituted
For Rule 2.04 of the Supreme Court (Intellectual
Property) Rules 2006 substitute—
"2.04 Directions
(1) The Judge may, at any time, give any
directions for the conduct of the proceeding
which the Judge thinks conducive to its
effective, complete, prompt and economical
determination.
Note
Where a proceeding is commenced by electronic
filing of the originating process in RedCrest under
Order 28A of Chapter I, a date for a first directions
hearing will be allocated automatically and included
in the originating process. See Form 5F of Chapter I.
(2) Without limiting paragraph (1), the Judge
may make orders with respect to—
(a) the defining of the issues by pleadings
or otherwise;
(b) any amendment of pleadings;
(c) any counterclaim;
(d) particulars;
(e) discovery and inspection of documents;
(f) admissions of fact or of documents;
(g) the joinder of parties;
(h) the mode and sufficiency of service;
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(i) interrogatories;
(j) the inspection of any property or thing;
(k) the filing and service of affidavits;
(l) the disclosure of reports of experts;
(m) the filing and exchange of signed
statements of evidence of intended
witnesses and their use in evidence at
the hearing;
(n) the making of any experiment, test or
report;
(o) the appointment of a Court expert under
Order 10 of these Rules;
(p) defining and limiting the issues to be
tried, restricting the number of
witnesses and otherwise ensuring that
the case is disposed of expeditiously;
(q) documents prepared by the parties;
(r) the place, time and mode of hearing;
(s) the giving of evidence at the hearing,
including whether evidence in chief of
witnesses shall be given orally or by
affidavit or affirmation;
(t) costs.".
Dated: 29 May 2014
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
GEOFFREY NETTLE, J.A.
ROBERT REDLICH, J.A.
MARK WEINBERG, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
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PHILLIP PRIEST, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
K. WILLIAMS, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
JACK FORREST, J.
JAMES JUDD, J.
PETER VICKERY, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
ANNE FERGUSON, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
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ENDNOTES
1 Rule 4: S.R. No. 94/2008. Reprint No. 1 as at 1 April 2012. Reprinted to
S.R. No. 109/2009.
2 Rule 7: S.R. No. 163/2006 as amended by S.R. No. 100/2008.
Endnotes
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