Supreme Court (Chapter I Amendment No. 33) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Chapter I Amendment No. 33) Rules 2012 S.R. No. 96/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Issue of warrant of execution 1 6 Form 68A 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 96/2012 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 33) Rules 2012 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 in relation to warrants of seizure and sale to reflect changes made to section 52 of the Transfer of Land Act 1958 by the Land Legislation Amendment Act 2009. 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 17 September 2012. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5 Issue of warrant of execution After Rule 68.04(3) of the Principal Rules insert— "(3.1) For the purposes of section 52(2) of the Transfer of Land Act 1958, if the person requesting the issue of a warrant of seizure -- 2 of 5 -- S.R. No. 96/2012 Supreme Court (Chapter I Amendment No. 33) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 and sale satisfies the Prothonotary, by evidence on affidavit, that the judgment debtor is the registered proprietor of land referred to in a folio or folios of the Register kept under that Act, then the warrant of seizure and sale shall include a statement to the effect that that land is affected by the warrant. Note See Rule 69.04(3) as to sale of land under a warrant of seizure and sale.". 6 Form 68A (1) In Form 68A of the Principal Rules for "Issued 20" substitute— "*For the purposes of section 52(2) of the Transfer of Land Act 1958, the land in the folio or folios of the Register kept under that Act identified by folio number(s) [insert relevant folio number(s) or certificate of title Vol. Fol] is affected by this warrant. Issued 20". (2) At the end of Form 68A of the Principal Rules insert— "*Delete if not applicable.". Dated: 30 August 2012 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. GEOFFREY NETTLE, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. BERNARD D. BONGIORNO, J.A. D. L. HARPER, J.A. PAMELA TATE, J.A. r. 6 -- 3 of 5 -- S.R. No. 96/2012 Supreme Court (Chapter I Amendment No. 33) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 R. S. OSBORN, J.A. D. J. HABERSBERGER, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. PETER VICKERY, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. TERRY FORREST, J. KARIN EMERTON, J. CLYDE CROFT, J. ANNE FERGUSON, J. M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. KATE McMILLAN, J. ═══════════════ r. 6 -- 4 of 5 -- S.R. No. 96/2012 Supreme Court (Chapter I Amendment No. 33) Rules 2012 Authorised by the Chief Parliamentary Counsel 4 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 3 as at 28 February 2011. Reprinted to S.R. No. 8/2011 and subsequently amended by S.R. Nos 15/2011, 26/2011, 53/2011, 77/2011, 78/2011, 118/2011, 119/2011, 132/2011, 133/2011, 38/2012 and 39/2012. Endnotes -- 5 of 5 --