Supreme Court (Chapter I Amendment No. 30) Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Chapter I Amendment No. 30) Rules 2011 S.R. No. 118/2011 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Mode of trial 1 5 Rule 47.03 substituted 2 47.03 Payment of jury fees 2 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 118/2011 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 30) 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 address an inconsistency between Rule 47.03 and section 24 of the Juries Act 2000 in relation to the payment of jury fees. 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 7 November 2011. 4 Mode of trial For Rule 47.02(1)(b) of the Supreme Court (General Civil Procedure) Rules 20051 substitute— "(b) the prescribed fees for the purposes of section 24 of the Juries Act 2000 are paid.". -- 2 of 6 -- S.R. No. 118/2011 Supreme Court (Chapter I Amendment No. 30) Rules 2011 Authorised by the Chief Parliamentary Counsel 2 5 Rule 47.03 substituted For Rule 47.03 of the Supreme Court (General Civil Procedure) Rules 2005 substitute— "47.03 Payment of jury fees (1) A party requiring a proceeding to be tried with a jury shall pay the prescribed fees for the purposes of section 24 of the Juries Act 2000 to the Prothonotary. (2) If a proceeding is to be tried with a jury because the defendant so signified by notice in writing, the prescribed fees shall be paid by the defendant to the Prothonotary within 14 days after the date is fixed for the trial of the proceeding. (3) In case of a default under paragraph (1) or (2), the Court may order that the proceeding be tried without a jury. Note See also section 24(5) of the Juries Act 2000. (4) The party requiring a proceeding to be tried with a jury must produce a copy of the receipt for payment of the prescribed fees or other proof of that payment to the associate to the Judge hearing the proceeding— (a) before the trial commences; (b) before the trial resumes on each day in relation to which the prescribed fees are payable or, if an order is made under section 24(4) of the Juries Act 2000, in accordance with that order.". r. 5 r. 5 -- 3 of 6 -- S.R. No. 118/2011 Supreme Court (Chapter I Amendment No. 30) Rules 2011 Authorised by the Chief Parliamentary Counsel 3 Dated: 27 October 2011 M. L. WARREN, C.J. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. PHILIP MANDIE, J.A. D. L. HARPER, J.A. H. R. HANSEN, J.A. D. J. HABERSBERGER, J. R. S. OSBORN, J. STEPHEN KAYE, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. ROSS ROBSON, J. JACK FORREST, J. JAMES JUDD, J. PETER VICKERY, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. KARIN EMERTON, J. CLYDE CROFT, J. ANNE FERGUSON, J. -- 4 of 6 -- S.R. No. 118/2011 Supreme Court (Chapter I Amendment No. 30) Rules 2011 Authorised by the Chief Parliamentary Counsel 4 M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. ═══════════════ r. 5 -- 5 of 6 -- S.R. No. 118/2011 Supreme Court (Chapter I Amendment No. 30) Rules 2011 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 3 as at 28 February 2011. Reprinted to S.R. No. 8/2011. Subsequently amended by S.R. Nos 15/2011, 26/2011, 53/2011, 77/2011 and 78/2011. Endnotes -- 6 of 6 --