Supreme Court (Chapter I Amendment No. 19) Rules 2010

i Supreme Court (Chapter I Amendment No. 19) Rules 2010 S.R. No. 100/2010 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Rules 2 PART 2—SERVICE IN FOREIGN COUNTRIES OTHER THAN UNDER THE HAGUE CONVENTION 3 5 Application of Part 2 of Order 7 3 6 Request and undertaking 3 7 Revocation of rules 6 and 8 of the Supreme Court (Chapter I Amendment No. 14) Rules 2009 3 PART 3—AMENDMENTS TO ORDER 29 4 8 Scope of discovery 4 9 Form 29B 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2010 S.R. No. 100/2010 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 19) Rules 2010 The Judges of the Supreme Court make the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to amend Chapter I of the Supreme Court Rules to— (a) make further provision in relation to service in overseas jurisdictions which are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and in those countries which are not signatories; (b) make minor amendments to Order 29 relating to discovery of documents. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. -- 2 of 7 -- Part 1—Preliminary Supreme Court (Chapter I Amendment No. 19) Rules 2010 S.R. No. 100/2010 2 3 Commencement (1) These Rules, except Rules 5, 6 and Part 3, come into operation on 4 October 2010. (2) Rules 5 and 6 come into operation on 1 November 2010. (3) Part 3 comes into operation on 1 January 2011. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. __________________ r. 3 -- 3 of 7 -- Part 2—Service in Foreign Countries other than under the Hague Convention Supreme Court (Chapter I Amendment No. 19) Rules 2010 S.R. No. 100/2010 3 PART 2—SERVICE IN FOREIGN COUNTRIES OTHER THAN UNDER THE HAGUE CONVENTION 5 Application of Part 2 of Order 7 (1) For Rule 7.09(a) of the Principal Rules substitute— "(a) in a country that is not a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; or". (2) At the foot of Rule 7.09 of the Principal Rules insert— "Note Order 80 applies to countries to which the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applies.". 6 Request and undertaking (1) In Rule 7.12(1)(a) of the Principal Rules after "person;" insert "and". (2) Rule 7.12(1)(b) of the Principal Rules is revoked. 7 Revocation of rules 6 and 8 of the Supreme Court (Chapter I Amendment No. 14) Rules 2009 Rules 6 and 8 of the Supreme Court (Chapter I Amendment No. 14) Rules 2009 2 are revoked. __________________ r. 5 -- 4 of 7 -- Part 3—Amendments to Order 29 Supreme Court (Chapter I Amendment No. 19) Rules 2010 S.R. No. 100/2010 4 PART 3—AMENDMENTS TO ORDER 29 8 Scope of discovery In Rule 29.01.1(2) of the Principal Rules for "rule or law" substitute "rule of law". 9 Form 29B In clause 3 of Form 29B of the Principal Rules for "would have been" substitute "are". Dated: 30 September 2010 CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. GEOFFREY NETTLE, J.A. MARCIA NEAVE, J.A. PHILIP MANDIE, J.A. D. L. HARPER, J.A. PAMELA TATE, J.A. D. J. HABERSBERGER, J. R. S. OSBORN, J. K. WILLIAMS, J. SIMON P. WHELAN, J. KEVIN H. BELL, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. ROSS ROBSON, J. JACK FORREST, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. KARIN EMERTON, J. r. 8 -- 5 of 7 -- Part 3—Amendments to Order 29 Supreme Court (Chapter I Amendment No. 19) Rules 2010 S.R. No. 100/2010 5 IAIN ROSS, J. CLYDE CROFT, J. ANNE FERGUSON, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. ═══════════════ r. 9 -- 6 of 7 -- Supreme Court (Chapter I Amendment No. 19) Rules 2010 S.R. No. 100/2010 6 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 2 incorporating amendments as at 1 November 2009. Reprinted to S.R. No. 109/2009 and subsequently amended by S.R. Nos 60/2009, 97/2009, 132/2009, 144/2009, 146/2009, 22/2010, 23/2010, 53/2010 and 55/2010. 2 Rule 7: S.R. No. 60/2009. Endnotes -- 7 of 7 --