Supreme Court (Judicial Registrars Amendments) Rules 2010

i Supreme Court (Judicial Registrars Amendments) Rules 2010 S.R. No. 144/2010 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Review 2 6 New Rules 63.56.2 to 63.56.4 inserted 2 63.56.2 Reconsideration or review by Costs Court constituted by judicial registrar 2 63.56.3 Costs Judge may exercise powers under Rule 63.56.2 4 63.56.4 Review by Costs Judge of judicial registrar decisions 5 7 Review by Judge of the Court 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2010 S.R. No. 144/2010 Supreme Court Act 1986 Supreme Court (Judicial Registrars Amendments) Rules 2010 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to provide for the functions of judicial registrars in the Costs Court as a consequence of the enactment of the Courts Legislation Miscellaneous Amendments Act 2010. 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 1 January 2011. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. -- 2 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 2 5 Review (1) For the heading to Rule 63.56.1 of the Principal Rules substitute— "Reconsideration of order of Costs Judge". (2) In Rule 63.56.1 of the Principal Rules— (a) in paragraph (1) for "review" substitute "reconsider"; (b) paragraph (2) is revoked; (c) in paragraph (3) omit "or (2)"; (d) in paragraph (4)— (i) after "The notice" insert "under paragraph (3)"; (ii) omit ", a Costs Registrar or a Deputy Costs Registrar, as the case requires"; (e) in paragraph (5) for "review" substitute "reconsideration". (f) in paragraph (6)(a) omit "and review"; (g) in paragraph (7) for "review" substitute "reconsideration". 6 New Rules 63.56.2 to 63.56.4 inserted After Rule 63.56.1 of the Principal Rules insert— "63.56.2 Reconsideration or review by Costs Court constituted by judicial registrar (1) If any party interested objects to an order of the Costs Court constituted by a judicial registrar— (a) allowing or disallowing, wholly or in part, any item in a bill; or r. 5 -- 3 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 3 (b) allowing some amount in respect of any item— the Costs Court constituted by that judicial registrar, on the application of that party, may reconsider the order. (2) If any party interested objects to an order of the Costs Court constituted by a Costs Registrar (who is not a judicial registrar) or by a Deputy Costs Registrar— (a) allowing or disallowing, wholly or in part, any item in a bill; or (b) allowing some amount in respect of any item— the Costs Court constituted by a judicial registrar, on the application of that party, may review the order. (3) An application under paragraph (1) or (2) shall be made by notice. (4) The notice under paragraph (3) shall— (a) state by a list each item in the bill in respect of which the party objects to the order of the Costs Court constituted by a judicial registrar, a Costs Registrar or a Deputy Costs Registrar, as the case requires; and (b) state specifically and concisely the grounds of objection to that order and the order sought in its place. (5) Within 14 days after the making of the order which is the subject of reconsideration or review— (a) the notice under paragraph (3) shall be filed; r. 6 -- 4 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 4 (b) a copy of the notice shall be lodged with the Costs Court; and (c) a copy of the notice shall be served on each party interested. (6) Upon the application, the Costs Court constituted by a judicial registrar— (a) shall reconsider or review the taxation upon the objections stated in the notice; (b) shall make an order confirming, setting aside or varying the taxation or make such further or other order as may be necessary; and (c) may make any other order the case requires. (7) For the purposes of the reconsideration or review, the Costs Court constituted by a judicial registrar may receive further evidence in respect of any objection. (8) The Costs Court constituted by a judicial registrar may, and if required by any party within seven days after the order is made under paragraph (6) shall, give written reasons for the decision in respect of any item in the bill to which objection was taken in the notice. 63.56.3 Costs Judge may exercise powers under Rule 63.56.2 The Costs Court constituted by a Costs Judge may exercise all the powers of the Costs Court constituted by a judicial registrar under Rule 63.56.2 if— (a) at any time there is no holder of the office of judicial registrar in the Costs Court; r. 6 -- 5 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 5 (b) the judicial registrar is absent or for some other reason unable to perform his or her duties; or (c) for any other reason it is necessary or appropriate that a Costs Judge should exercise those powers. 63.56.4 Review by Costs Judge of judicial registrar decisions (1) An order of the Costs Court under Rule 63.56.2(6) may be reviewed by the Costs Court constituted by a Costs Judge. (2) If any party interested objects to an order of the Costs Court under Rule 63.56.2(6), the Costs Court constituted by a Costs Judge, on the application of that party, may review the order if the Costs Court has given reasons under Rule 63.56.2(8). (3) An application under paragraph (2) shall be made by notice. (4) The notice under paragraph (3) shall— (a) state by a list each item in the bill in respect of which the party objects to the order of the Costs Court constituted by a judicial registrar on the review; and (b) state specifically and concisely the grounds of objection to that order and the order sought in its place. (5) Within 14 days after the making of the order of the Costs Court constituted by a judicial registrar or the giving of reasons, whichever is the later— (a) the notice under paragraph (3) shall be filed; r. 6 -- 6 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 6 (b) a copy of the notice shall be lodged with the Costs Court; and (c) a copy of the notice shall be served on each party interested. (6) On the review, unless the Costs Court constituted by the Costs Judge otherwise orders— (a) further evidence shall not be received; (b) the party giving notice shall not raise any ground of objection not stated in the notice. (7) On the review, the Costs Court constituted by the Costs Judge may— (a) exercise all the powers and discretions of the Costs Court with respect to the subject matter of the review; (b) confirm, set aside or vary the order of the Costs Court or make such further or other order as may be necessary; (c) remit any item in the bill to the Costs Court; (d) make any other order the case requires. (8) The Costs Court constituted by a Costs Judge may, and if required by any party within seven days after the order is made under paragraph (7) shall, give written reasons for the decision in respect of any item in the bill to which objection was taken in the notice. r. 6 -- 7 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 7 (9) Except so far as the Costs Court constituted by the Costs Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the order of the Costs Court to which the review relates.". 7 Review by Judge of the Court In Rule 63.57 of the Principal Rules— (a) after "Rule 63.56.1(6)" (where twice occurring) insert "or Rule 63.56.4(7)"; (b) after "Rule 63.56.1(8)" insert "or Rule 63.56.4(8)". Dated: 28 October 2010 M. L. WARREN, C.J. PETER BUCHANAN, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. ROBERT REDLICH, 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. R. S. OSBORN, J. STEPHEN KAYE, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. r. 7 -- 8 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 8 TONY PAGONE, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. LEX LASRY, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. KARIN EMERTON, J. CLYDE CROFT, J. M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. ═══════════════ r. 7 -- 9 of 10 -- S.R. No. 144/2010 Supreme Court (Judicial Registrars Amendments) Rules 2010 9 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, 132/2009, 144/2009, 146/2009, 22/2010, 23/2010, 53/2010, 55/2010 and 100/2010. Endnotes -- 10 of 10 --