Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010

Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 S.R. No. 152/2010 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Order 4 divided into Parts 1 6 New Part 2 of Order 4 2 PART 2—CERTIFICATION REQUIREMENTS ON COMMENCEMENT OF PROCEEDINGS 2 4.09 Overarching obligations certification 2 4.10 Proper basis certification 2 4.11 Pre-litigation requirements compliance certification 2 7 New Forms 4A to 4C 2 Form 4A—Overarching Obligations Certification 2 Form 4B—Proper Basis Certification 3 Form 4C—Pre-litigation Requirements Compliance Certification 3 ═══════════════ ENDNOTES 5 i -- 1 of 6 -- STATUTORY RULES 2010 S.R. No. 152/2010 Magistrates' Court Act 1989 Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the Magistrates' Court to provide for forms of certification required under the Civil Procedure Act 2010. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989, section 70 of the Civil Procedure Act 2010 and all other enabling powers. 3 Commencement These Rules come into operation on 1 January 2011. 4 Principal Rules In these Rules, the Magistrates' Court General Civil Procedure Rules 20101 are called the Principal Rules. 5 Order 4 divided into Parts Before Rule 4.01 of the Principal Rules insert the following heading— "PART 1—GENERAL". 1 -- 2 of 6 -- S.R. No. 152/2010 Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 r. 6 6 New Part 2 of Order 4 After Rule 4.08 of the Principal Rules insert— "PART 2—CERTIFICATION REQUIREMENTS ON COMMENCEMENT OF PROCEEDINGS 4.09 Overarching obligations certification For the purposes of section 41(2) of the Civil Procedure Act 2010 the overarching obligations certification must be in Form 4A. 4.10 Proper basis certification For the purposes of section 42(2) of the Civil Procedure Act 2010 the proper basis certification must be in Form 4B. 4.11 Pre-litigation requirements compliance certification For the purposes of section 43(3) of the Civil Procedure Act 2010 the pre-litigation requirements compliance certification must be in Form 4C.". 7 New Forms 4A to 4C Before Form 5A of the Principal Rules insert— "FORM 4A Rule 4.09 OVERARCHING OBLIGATIONS CERTIFICATION [heading as in Form 5A] In accordance with section 41 of the Civil Procedure Act 2010, I [name of party] certify to the Court that I have read and understood the overarching obligations set out in sections 16 to 26 of that Act and the paramount duty set out in section 16 of the Act. Dated: [e.g. 5 September, 20 ]. 2 -- 3 of 6 -- S.R. No. 152/2010 Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 r. 7 Signed [To be signed personally by party or if party is represented by a litigation guardian or similar representative, by that litigation guardian or representative] __________________ FORM 4B Rule 4.10 PROPER BASIS CERTIFICATION [heading as in Form 5A] 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 the document [identify document to which certification relates] filed on behalf of [specify party], on the factual and legal material available to me at present: (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. Dated: [e.g. 5 September, 20 ]. Signed *Delete if not applicable __________________ FORM 4C Rule 4.11 PRE-LITIGATION REQUIREMENTS COMPLIANCE CERTIFICATION [heading as in Form 5A] In accordance with section 43 of the Civil Procedure Act 2010, I [name of party or party's legal practitioner] certify to the Court that: 3 -- 4 of 6 -- S.R. No. 152/2010 Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 4 r. 7 *I have/*[Name of party] has complied with the pre-litigation requirements set out in section 34 of that Act. OR *I have/*[Name of party] has not undertaken the pre-litigation requirements set out in section 34 of that Act for the following reasons: [specify briefly reasons for not undertaking pre-litigation requirements]. Dated: [e.g. 5 September, 20 ]. Signed *Delete if not applicable Note See section 32 of the Civil Procedure Act 2010 for the types of proceedings or disputes for which this certification is not required. __________________". Dated: 21 December 2010 IAN L. GRAY, Chief Magistrate PETER HENRY LAURITSEN, Deputy Chief Magistrate LANCE IVAN MARTIN, Deputy Chief Magistrate ═══════════════ -- 5 of 6 -- S.R. No. 152/2010 Magistrates' Court General Civil Procedure (Amendment No. 1) Rules 2010 5 ENDNOTES 1 Rule 4: S.R. No. 140/2010. Endnotes -- 6 of 6 --