Supreme Court (Chapter 1 Certification Amendments) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Chapter I Certification Amendments) Rules 2013 S.R. No. 27/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Heading to Part 2 of Order 4 amended 1 6 New Rule 4.09.1 2 4.09.1 Certification of prior overarching obligations certification 2 7 Rule 4.10 substituted 2 4.10 Proper basis certification 2 8 Form 4A 3 9 New Form 4AB 3 Form 4AB—Certification of Prior Overarching Obligations Certification 3 10 Form 4B substituted 4 Form 4B—Proper Basis Certification 4 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 27/2013 Supreme Court Act 1986 Civil Procedure Act 2010 Supreme Court (Chapter I Certification Amendments) Rules 2013 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to provide for amended forms of certification under the Civil Procedure Act 2010 and related matters as a consequence of the enactment of the Civil Procedure Amendment Act 2012. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, the Civil Procedure Act 2010 and all other enabling powers. 3 Commencement These Rules come into operation on 31 March 2013. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5 Heading to Part 2 of Order 4 amended In the heading to Part 2 of Order 4 of the Principal Rules for "ON COMMENCEMENT OF" substitute "FOR". -- 2 of 8 -- S.R. No. 27/2013 Supreme Court (Chapter I Certification Amendments) Rules 2013 Authorised by the Chief Parliamentary Counsel 2 6 New Rule 4.09.1 After Rule 4.09 of the Principal Rules insert— "4.09.1 Certification of prior overarching obligations certification (1) For the purposes of section 41(5)(a)(i) of the Civil Procedure Act 2010, the specified period is the period of two years prior to the date of the certification under section 41(5)(b) of that Act. (2) For the purposes of section 41(5)(b) of the Civil Procedure Act 2010, the certification by a legal practitioner as to prior overarching obligations certification in relation to a party referred to in section 41(5)(a) of that Act shall be in Form 4AB.". 7 Rule 4.10 substituted For Rule 4.10 of the Principal Rules substitute— "4.10 Proper basis certification (1) For the purposes of section 42(1C) of the Civil Procedure Act 2010, processes in the Court for the registration or enforcement of judgments are exempt from the proper basis certification requirements under the Civil Procedure Act 2010. (2) For the purposes of section 42(2) of the Civil Procedure Act 2010, the proper basis certification shall be in Form 4B.". r. 6 -- 3 of 8 -- S.R. No. 27/2013 Supreme Court (Chapter I Certification Amendments) Rules 2013 Authorised by the Chief Parliamentary Counsel 3 8 Form 4A In Form 4A of the Principal Rules for— "[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative]" substitute— "[To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative, or if party has no meaningful control of the proceeding by virtue of a statute or a contract of insurance, by the person in control of the proceeding by virtue of the statute or contract of insurance]". 9 New Form 4AB After Form 4A of the Principal Rules insert— "FORM 4AB Rule 4.09.1 CERTIFICATION OF PRIOR OVERARCHING OBLIGATIONS CERTIFICATION [heading as in originating process] In accordance with section 41(5)(b) of the Civil Procedure Act 2010, I [name of legal practitioner] certify to the Court that [name of party] is currently involved, or has been involved, in more than one civil proceeding and has personally made the overarching obligations certification in other civil proceedings in the Court within 2 years prior to the date of this certification. Date: Signed [To be signed by legal practitioner representing party who has previously made overarching obligations certification in other civil proceedings in the Court] __________________". r. 8 -- 4 of 8 -- S.R. No. 27/2013 Supreme Court (Chapter I Certification Amendments) Rules 2013 Authorised by the Chief Parliamentary Counsel 4 10 Form 4B substituted For Form 4B of the Principal Rules substitute— "FORM 4B Rule 4.10(2) PROPER BASIS CERTIFICATION [heading as in originating process] In accordance with section 42 of the Civil Procedure Act 2010, I [name of legal practitioner or if not legally represented, name of party] certify to the Court that, in relation to [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present: [in a civil proceeding which involves allegations of fact:] *(a) each allegation of fact in the document has a proper basis; *(b) each denial in the document has a proper basis; *(c) there is a proper basis for each non-admission in the document. [in a civil proceeding commenced by originating motion seeking a particular legal relief or remedy:] *(a) each claim in the document has a proper basis; *(b) each response in the document to a claim has a proper basis; *(c) each question posed to the Court in the document has a proper basis; *(d) each response in the document to each question posed to the Court has a proper basis. Date: Signed *Delete if not applicable __________________". r. 10 -- 5 of 8 -- S.R. No. 27/2013 Supreme Court (Chapter I Certification Amendments) Rules 2013 Authorised by the Chief Parliamentary Counsel 5 Dated: 28 February 2013 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. GEOFFREY NETTLE, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. D. L. HARPER, J.A. PAMELA TATE, J.A. R. S. OSBORN, J.A. SIMON P. WHELAN, J.A. PHILLIP PRIEST, J.A. PAUL COGHLAN, J.A. D. J. HABERSBERGER, J. K. WILLIAMS, J. STEPHEN KAYE, J. KIM HARGRAVE, J. BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. ROSS ROBSON, J. JACK FORREST, J. PETER VICKERY, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. r. 10 -- 6 of 8 -- S.R. No. 27/2013 Supreme Court (Chapter I Certification Amendments) Rules 2013 Authorised by the Chief Parliamentary Counsel 6 TERRY FORREST, J. KARIN EMERTON, J. ANNE FERGUSON, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. KATE McMILLAN, J. GREG GARDE, J. G. J. DIGBY, J. ═══════════════ r. 10 -- 7 of 8 -- S.R. No. 27/2013 Supreme Court (Chapter I Certification Amendments) Rules 2013 Authorised by the Chief Parliamentary Counsel 7 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 4 as at 17 September 2012. Reprinted to S.R. No. 97/2012. Subsequently amended by S.R. Nos 39/2012, 121/2012, 140/2012 and 141/2012. Endnotes -- 8 of 8 --