Supreme Court (Associate Judges Amendment) Rules 2009

i Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 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 Rule 53.07 substituted 2 53.07 Judgment for possession 2 5 Warrant of possession 2 6 Authority of Associate Judges 2 7 Limitations on authority 3 8 Reference by Judge of the Court to Associate Judge 3 9 Appeal to Judge of the Court 4 10 Appeal to Court of Appeal 4 11 Statute law revision 5 PART 3—AMENDMENT OF OTHER CHAPTERS 6 12 Amendment of Chapter II 6 13 Amendment of Chapter III 6 14 Amendment of Chapter V—statute law revision 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2009 S.R. No. 44/2009 Supreme Court Act 1986 Supreme Court (Associate Judges Amendment) Rules 2009 The Judges of the Supreme Court make the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to further provide for the authority of Associate Judges. 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 4 May 2009. __________________ -- 2 of 10 -- Part 2—Amendment of Chapter I Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 2 PART 2—AMENDMENT OF CHAPTER I 4 Rule 53.07 substituted For Rule 53.07 of the Supreme Court (General Civil Procedure) Rules 2005 1 substitute— "53.07 Judgment for possession In a proceeding under this Order, a judgment for possession shall be in Form 53A.". 5 Warrant of possession In Rule 53.08(1) of the Supreme Court (General Civil Procedure) Rules 2005 omit "a Judge of". 6 Authority of Associate Judges (1) After Rule 77.01(2)(a)(iii) of the Supreme Court (General Civil Procedure) Rules 2005 insert— "(iiia) section 143 of the Confiscation Act 1997;". (2) In Rule 77.01(2)(a)(vi) of the Supreme Court (General Civil Procedure) Rules 2005 for "section 5" substitute "sections 5, 6, 7 and 13(1)". (3) For Rule 77.01(2)(a)(viii) of the Supreme Court (General Civil Procedure) Rules 2005 substitute— "(viii) section 84 of the Property Law Act 1958 and Part IV of that Act; (viiia) Part 3.2 and Part 3.3 of Chapter 3 of the Relationships Act 2008;". (4) In Rule 77.01(2) of the Supreme Court (General Civil Procedure) Rules 2005— (a) in paragraph (d)(iii) for "injunction." substitute "injunction;"; r. 4 -- 3 of 10 -- Part 2—Amendment of Chapter I Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 3 (b) after paragraph (d) insert— "(e) any proceeding for the recovery of land under Order 53; (f) a trial of an undefended civil proceeding.". 7 Limitations on authority (1) In Rule 77.02(1) of the Supreme Court (General Civil Procedure) Rules 2005 for "and (d)" substitute ", (d), (e) and (f)". (2) In Rule 77.02(3)(b) of the Supreme Court (General Civil Procedure) Rules 2005 for "Rule 77.01(2)(d)" substitute "this Order". (3) In Rule 77.02(3) of the Supreme Court (General Civil Procedure) Rules 2005— (a) in paragraph (e) for "1986." substitute "1986;"; (b) after paragraph (e) insert— "(f) any application or proceeding under Part 2 or Part 2A of the Confiscation Act 1997.". 8 Reference by Judge of the Court to Associate Judge After Rule 77.05(2) of the Supreme Court (General Civil Procedure) Rules 2005 insert— "(3) In hearing and determining a matter referred by a Judge of the Court to an Associate Judge, the Associate Judge has the same powers as a Judge of the Court would have in hearing and determining such a matter, subject to any directions in the order referring the matter. r. 7 -- 4 of 10 -- Part 2—Amendment of Chapter I Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 4 (4) Despite paragraph (1), a Judge of the Court shall not refer to an Associate Judge any matter under Part 2 or Part 2A of the Confiscation Act 1997.". 9 Appeal to Judge of the Court (1) In Rule 77.06(1) of the Supreme Court (General Civil Procedure) Rules 2005 for "paragraph (2)" substitute "paragraphs (2) and (2.1)". (2) After Rule 77.06(2) of the Supreme Court (General Civil Procedure) Rules 2005 insert— "(2.1) No order of an Associate Judge made in an interlocutory application in a proceeding in the Commercial Court shall be subject to an appeal under paragraph (1) except by leave of a List Judge of that Court.". 10 Appeal to Court of Appeal For Rule 77.07(2) of the Supreme Court (General Civil Procedure) Rules 2005 substitute— "(2) For the purposes of section 17(3) of the Supreme Court Act 1986, an appeal lies to the Court of Appeal from the Trial Division constituted by an Associate Judge from any judgment or order made at the trial of a proceeding— (a) under Part 3.2 or Part 3.3 of Chapter 3 of the Relationships Act 2008; or (b) under section 84 or Part IV of the Property Law Act 1958; or (c) for the recovery of land under Order 53. (3) Order 64 applies to an appeal referred to in paragraph (1) or paragraph (2) with any necessary modification.". r. 9 -- 5 of 10 -- Part 2—Amendment of Chapter I Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 5 11 Statute law revision In the Supreme Court (General Civil Procedure) Rules 2005— (a) in item 12 of Appendix A, for "or Master" substitute "of the Court or Associate Judge"; (b) in item 34 of Appendix A for "Judge, a Master or the Taxing Master, Listing Master," substitute "Judge of the Court, an Associate Judge, the Taxing Master"; (c) in item 35(c) of Appendix A for "or Master or the Taxing Master, Listing Master" substitute "of the Court or an Associate Judge or the Taxing Master"; (d) in Form 53A for "Rule 53.07(2)" substitute "Rule 53.07"; (e) in Forms 60C, 60J, 60K and 60L for "JUDGE];" substitute "JUDGE]:"; (f) in Form 72F for "81C" substitute "60C". __________________ r. 11 -- 6 of 10 -- Part 3—Amendment of Other Chapters Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 6 PART 3—AMENDMENT OF OTHER CHAPTERS 12 Amendment of Chapter II (1) For Rule 1.11(3) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 2 substitute— "(3) Except as provided by paragraph (4), an Associate Judge may— (a) at the trial of a proceeding give judgment or make an order by consent of all parties; (b) hear and determine a trial of an undefended civil proceeding.". (2) After Rule 1.12(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert— "(3) In hearing and determining a matter referred by a Judge of the Court to an Associate Judge, the Associate Judge has the same powers as a Judge of the Court would have in hearing and determining such a matter, subject to any directions in the order referring the matter.". (3) In Rule 2.02(6) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008, for "Rule 1.11(5),," substitute "Rule 1.11(5),". 13 Amendment of Chapter III (1) For Rule 1.06(3) of the Supreme Court (Administration and Probate) Rules 2004 3 substitute— r. 12 -- 7 of 10 -- Part 3—Amendment of Other Chapters Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 7 "(3) Except as provided by paragraph (4), an Associate Judge may— (a) at the trial of a proceeding give judgment or make an order by consent of all parties; (b) hear and determine a trial of an undefended civil proceeding.". (2) In Rule 1.06.1(1) of the Supreme Court (Administration and Probate) Rules 2004 for "Judge,." substitute "Judge."; (3) After Rule 1.06.1(2) of the Supreme Court (Administration and Probate) Rules 2004 insert— "(3) In hearing and determining a matter referred by a Judge of the Court to an Associate Judge, the Associate Judge has, the same powers as a Judge of the Court would have in hearing and determining such a matter, subject to any directions in the order referring the matter.". 14 Amendment of Chapter V—statute law revision In the Supreme Court (Corporations) Rules 2003 4 — (a) in the heading to Rule 16.1 for "Masters" substitute "Associate Judges"; (b) in Rule 16.2(2) for "Master" substitute "Associate Judge". r. 14 -- 8 of 10 -- Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 8 Dated: 30 April 2009 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. P. D. CUMMINS, J. H. R. HANSEN, J. PHILIP MANDIE, J. R. S. OSBORN, J. STEPHEN KAYE, J. ANTHONY CAVANOUGH, J. TONY PAGONE, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. JAMES JUDD, J. PETER VICKERY, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. ═══════════════ r. 14 -- 9 of 10 -- Supreme Court (Associate Judges Amendment) Rules 2009 S.R. No. 44/2009 9 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 1 as at 3 September 2007. Reprinted to S.R. No. 91/2007 and subsequently amended by S.R. Nos 128/2007, 32/2008, 100/2008, 149/2008 and 151/2008. 2 Rule 12(1): S.R. No. 94/2008 as amended by S.R. No. 100/2008 and 30/2009. 3 Rule 13(1): S.R. No. 54/2004 as amended by S.R. Nos 100/2008 and 18/2009. 4 Rule 14: S.R. No. 107/2003. Reprint No. 1 as at 17 December 2008. Reprinted to S.R. No. 117/2008. Endnotes -- 10 of 10 --