Supreme Court (Judicial Registrars Further Amendment) Rules 2010

Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 PART 2—AMENDMENT OF CHAPTER I 2 4 Definitions 2 5 New Rule 1.14.1 2 1.14.1 Exercise of powers of Registrar by Associate Judge 2 6 Dispensing with compliance 3 7 Seal of Court 3 8 Directions and powers of Associate Judges 3 9 Jurisdiction and powers exercisable by a single Judge of Appeal 4 10 Rule 64.28 substituted 4 64.28 Exercise of powers and functions of Registrar 4 PART 3—AMENDMENTS TO CHAPTER VI 5 11 Definitions 5 12 Registrar of Criminal Appeals 5 13 Effect of noncompliance and dispensing with compliance 6 14 Proper officer 6 ══════════════ ENDNOTES 8 i -- 1 of 9 -- STATUTORY RULES 2010 S.R. No. 148/2010 Supreme Court Act 1986 Supreme Court (Judicial Registrars Further Amendment) 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 and Chapter VI of the Rules of the Supreme Court to provide for functions of judicial registrars in the Court of Appeal. 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. __________________ 1 -- 2 of 9 -- Part 2—Amendment of Chapter I Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 r. 4 PART 2—AMENDMENT OF CHAPTER I 4 Definitions (1) For the definition of Registrar in Rule 1.13(1) of the Supreme Court (General Civil Procedure) Rules 20051 substitute— "Registrar means the Registrar of the Court of Appeal and, if the duties and functions of the Registrar of the Court of Appeal are being carried out by an Associate Judge, means that Associate Judge;". (2) After Rule 1.13(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005 insert— "(ba) a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;". (3) In Rule 1.13(2)(c) of the Supreme Court (General Civil Procedure) Rules 2005— (a) in paragraph (c)(i) after "Judge" insert "or by a judicial registrar"; (b) in paragraph (c)(ii) after "by a" insert "judicial registrar,". 5 New Rule 1.14.1 After Rule 1.14 of the Supreme Court (General Civil Procedure) Rules 2005 insert— "1.14.1 Exercise of powers of Registrar by Associate Judge Any Associate Judge may exercise any power or authority conferred on the Registrar by or under these Rules.". 2 -- 3 of 9 -- Part 2—Amendment of Chapter I Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 r. 6 6 Dispensing with compliance At the end of Rule 2.04 of the Supreme Court (General Civil Procedure) Rules 2005 insert— "(2) Without limiting paragraph (1), the Registrar may dispense with compliance with any of the requirements of Order 64 or Order 65, either before or after the occasion for compliance arises.". 7 Seal of Court (1) In Rule 28.04(1) of the Supreme Court (General Civil Procedure) Rules 2005— (a) after "other Associate Judge," insert "the Registrar of the Court of Appeal, the Registrar of Criminal Appeals, any other judicial registrar,"; (b) after paragraph (c) insert— '(ca) the Registrar of the Court of Appeal, the words "Registrar of the Court of Appeal"; (cb) the Registrar of Criminal Appeals, the words "Registrar of Criminal Appeals"; (cc) any other judicial registrar, the words "Judicial Registrar";'. 8 Directions and powers of Associate Judges (1) In the heading to Rule 64.21 of the Supreme Court (General Civil Procedure) Rules 2005 after "Associate Judges" insert "and the Registrar". (2) In Rule 64.21 of the Supreme Court (General Civil Procedure) Rules 2005 for "another Associate Judge" (wherever occurring) substitute "an Associate Judge". 3 -- 4 of 9 -- Part 2—Amendment of Chapter I Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 r. 9 9 Jurisdiction and powers exercisable by a single Judge of Appeal In Rule 64.26(1)(na) of the Supreme Court (General Civil Procedure) Rules 2005 for "another Associate Judge" substitute "an Associate Judge". 10 Rule 64.28 substituted For Rule 64.28 of the Supreme Court (General Civil Procedure) Rules 2005 substitute— "64.28 Exercise of powers and functions of Registrar (1) For the purpose of exercising any power or function conferred on the Registrar by or under this Order, Order 65 or Rule 2.04(2), the Registrar— (a) may constitute the Court of Appeal; and (b) may exercise the jurisdiction and powers of the Court of Appeal to the extent necessary to exercise those powers or functions. (2) The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Act and delegate to such nominated officers the carrying out of the functions and powers of the Registrar in relation to the management of civil appeals and applications. (3) An officer referred to in paragraph (2) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to him or her.". __________________ 4 -- 5 of 9 -- Part 3—Amendments to Chapter VI Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 r. 11 PART 3—AMENDMENTS TO CHAPTER VI 11 Definitions In Rule 1.05 of the Supreme Court (Criminal Procedure) Rules 20082 in the definition of Registrar after "Appeals" insert "and, if the duties and functions of the Registrar of Criminal Appeals are being carried out by an Associate Judge, means that Associate Judge". 12 Registrar of Criminal Appeals At the end of Rule 1.06 of the Supreme Court (Criminal Procedure) Rules 2008 insert— "(2) For the purpose of exercising any power or function conferred on the Registrar by or under these Rules, the Registrar— (a) may constitute the Court of Appeal; and (b) may exercise the jurisdiction and powers of the Court of Appeal to the extent necessary to exercise those powers or functions. (3) The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Act and delegate to such nominated officers the carrying out of the functions and powers of the Registrar in relation to the management of criminal appeals and applications. (4) An officer referred to in paragraph (3) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to him or her.". 5 -- 6 of 9 -- Part 3—Amendments to Chapter VI Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 r. 13 13 Effect of noncompliance and dispensing with compliance After Rule 1.15(2) of the Supreme Court (Criminal Procedure) Rules 2008 insert— "(2.1) Without limiting paragraph (2), the Registrar may dispense with compliance with any of the requirements of these Rules in relation to criminal appeals, either before or after the occasion for compliance arises.". 14 Proper officer In Rule 5.02 of the Supreme Court (Criminal Procedure) Rules 2008 for "another Associate Judge" substitute "an Associate Judge". Dated: 17 December 2010 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. BERNARD D. BONGIORNO, J.A. H. R. HANSEN, J.A. PAMELA TATE, J.A. D. J. HABERSBERGER, J. K. WILLIAMS, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ANTHONY CAVANOUGH, J. TONY PAGONE, J. JACK FORREST, J. 6 -- 7 of 9 -- Part 3—Amendments to Chapter VI Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 7 r. 6 LEX LASRY, J. PETER VICKERY, J. DAVID F. R. BEACH, J. KARIN EMERTON, J. CLYDE CROFT, J. ANNE FERGUSON, J. M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. ═══════════════ -- 8 of 9 -- Supreme Court (Judicial Registrars Further Amendment) Rules 2010 S.R. No. 148/2010 8 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 2 as at 1 November 2009. Reprinted to S.R. No. 109/2009. 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 and 144/2010. 2 Rule 11: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008, 150/2008, 98/2009, 99/2009, 132/2009, 146/2009, 23/2010, 54/2010 and 55/2010. Endnotes -- 9 of 9 --