Supreme Court (Chapter I Amendment No. 25) Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Chapter I Amendment No. 25) Rules 2011 S.R. No. 15/2011 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Reference to mediator 1 6 Mediation by Associate Judge 2 7 Mediation by Costs Registrars 2 8 New Rule 50.07.3 inserted 2 50.07.3 Mediation by Prothonotary or Deputy Prothonotary 2 9 Directions and powers of Associate Judges and the Registrar 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 15/2011 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 25) Rules 2011 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 the Prothonotary and Deputy Prothonotaries to be able to undertake mediations. 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 4 April 2011. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5 Reference to mediator (1) Rule 50.07(6) and (7) of the Principal Rules are revoked. (2) In Rule 50.07(10) of the Principal Rules, after "Rule 50.07.2" insert "or a Prothonotary or Deputy Prothonotary under Rule 50.07.3". -- 2 of 6 -- S.R. No. 15/2011 Supreme Court (Chapter I Amendment No. 25) Rules 2011 Authorised by the Chief Parliamentary Counsel 2 6 Mediation by Associate Judge Rule 50.07.1(4) and (5) of the Principal Rules are revoked. 7 Mediation by Costs Registrars Rule 50.07.2(4) and (5) of the Principal Rules are revoked. 8 New Rule 50.07.3 inserted After Rule 50.07.2 of the Principal Rules insert— "50.07.3 Mediation by Prothonotary or Deputy Prothonotary (1) Without limiting Rule 50.07(1), at any stage of a proceeding the Court constituted by a Judge of the Court or an Associate Judge, with or without the consent of any party, may order that the proceeding or any part of the proceeding be referred to the Prothonotary or to a Deputy Prothonotary for mediation. (2) A Prothonotary or Deputy Prothonotary who undertakes a mediation may give any direction with respect to the conduct of the mediation as he or she thinks fit. (3) Except so far as the Court constituted by a Judge of the Court or an Associate Judge otherwise orders, an order for mediation under this Rule shall not operate as a stay of the proceeding.". r. 6 -- 3 of 6 -- S.R. No. 15/2011 Supreme Court (Chapter I Amendment No. 25) Rules 2011 Authorised by the Chief Parliamentary Counsel 3 9 Directions and powers of Associate Judges and the Registrar In Rule 64.21(4) of the Principal Rules for "Rules 50.07 and 50.07.1" substitute "Rules 50.07, 50.07.1 and 50.07.3". Dated: 31 March 2011 M. L. WARREN, C.J. GEOFFREY NETTLE, J.A. MARCIA NEAVE, J.A. MARK WEINBERG, J.A. PHILIP MANDIE, J.A. BERNARD D. BONGIORNO, J.A. D. L. HARPER, J.A. H. R. HANSEN, J.A. PAMELA TATE, J.A. D. J. HABERSBERGER, J. R. S. OSBORN, J. K. WILLIAMS, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. KIM HARGRAVE, J. BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. ROSS ROBSON, J. r. 9 -- 4 of 6 -- S.R. No. 15/2011 Supreme Court (Chapter I Amendment No. 25) Rules 2011 Authorised by the Chief Parliamentary Counsel 4 JACK FORREST, J. JAMES JUDD, 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. ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 15/2011 Supreme Court (Chapter I Amendment No. 25) Rules 2011 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 2 as at 1 November 2009. Reprinted to S.R. No. 100/2010. Subsequently amended by S.R. Nos 60/2009, 97/2009, 132/2009, 144/2009, 146/2009, 22/2010, 23/2010, 53/2010, 55/2010, 100/2010, 142/2010, 143/2010, 144/2010, 147/2010, 148/2010, 7/2011 and 8/2011. Endnotes -- 6 of 6 --