Supreme Court (Chapter I Amendment No. 9) Rules 2007

Supreme Court (Chapter I Amendment No. 9) Rules 2007 S.R. No. 91/2007 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Appeals on question of law 1 6 Heading to Part 4 of Order 58 substituted 2 7 Rule 58.17 substituted 2 58.17 Application of Part 2 8 Heading to Part 5 of Order 58 substituted 2 9 Rule 58.22 substituted 2 58.22 Application of Part 2 10 Recording of decision on appeal 3 11 Application for rehearing of appeal 3 12 Forms amended 3 ═══════════════ ENDNOTES 6 i -- 1 of 7 -- STATUTORY RULES 2007 S.R. No. 91/2007 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 9) Rules 2007 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the Supreme Court consequential on the enactment of the Children, Youth and Families Act 2005. 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 3 September 2007. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 20051 are called the Principal Rules. 5 Appeals on question of law For Rule 58.06(b) of the Principal Rules substitute— "(b) under section 329 or 427 of the Children, Youth and Families Act 2005;". 1 -- 2 of 7 -- S.R. No. 91/2007 Supreme Court (Chapter I Amendment No. 9) Rules 2007 r. 6 6 Heading to Part 4 of Order 58 substituted For the heading to Part 4 of Order 58 of the Principal Rules substitute— "PART 4—APPEALS UNDER SECTION 271 OF OR CLAUSE 13 OR 18 OF SCHEDULE 1 TO THE CHILDREN, YOUTH AND FAMILIES ACT 2005". 7 Rule 58.17 substituted For Rule 58.17 of the Principal Rules substitute— "58.17 Application of Part This Part applies to an appeal to the Court under section 271 of, or clause 13 or 18 of Schedule 1 to, the Children, Youth and Families Act 2005.". 8 Heading to Part 5 of Order 58 substituted For the heading to Part 5 of Order 58 of the Principal Rules substitute— "PART 5—APPEALS UNDER SECTIONS 328 AND 424 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005". 9 Rule 58.22 substituted For Rule 58.22 of the Principal Rules substitute— "58.22 Application of Part This Part applies to an appeal to the Trial Division under section 328 or 424 of the Children, Youth and Families Act 2005 from the Children's Court constituted by the President of that Court.". 2 -- 3 of 7 -- S.R. No. 91/2007 Supreme Court (Chapter I Amendment No. 9) Rules 2007 r. 10 10 Recording of decision on appeal (1) In the heading to Rule 58.29 of the Principal Rules, for "197" substitute "424". (2) In Rule 58.29(1) of the Principal Rules, for "197 of the Children and Young Persons Act 1989" substitute "424 of the Children, Youth and Families Act 2005". 11 Application for rehearing of appeal (1) In the heading to Rule 58.31 of the Principal Rules, for "116" substitute "328". (2) In Rule 58.31(1) of the Principal Rules, for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005". 12 Forms amended In the Principal Rules— (a) in Form 58A, for "80B of the Children and Young Persons Act 1989" (wherever occurring) substitute "271 of the Children, Youth and Families Act 2005"; (b) in Form 58B— (i) for "116 or section 197 of the Children and Young Persons Act 1989" substitute "328 or section 424 of the Children, Youth and Families Act 2005"; (ii) for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005"; (c) in Form 58E, for "Children and Young Persons Act 1989" substitute "Children, Youth and Families Act 2005"; 3 -- 4 of 7 -- S.R. No. 91/2007 Supreme Court (Chapter I Amendment No. 9) Rules 2007 r. 12 (d) in Form 58H, for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005"; (e) in Form 58J, for "116 of the Children and Young Persons Act 1989" substitute "328 of the Children, Youth and Families Act 2005". Dated: 30 August 2007 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. GEOFFREY NETTLE, J.A. ROBERT REDLICH, J.A. MURRAY B. KELLAM, J.A. BERNARD G. TEAGUE, J. T. H. SMITH, J. JOHN COLDREY, J. DAVID BYRNE, J. H. R. HANSEN, J. PHILIP MANDIE, J. BERNARD D. BONGIORNO, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. K. WILLIAMS, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. KEVIN H. BELL, J. 4 -- 5 of 7 -- S.R. No. 91/2007 Supreme Court (Chapter I Amendment No. 9) Rules 2007 r. 12 BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. TONY PAGONE, J. PAUL COGHLAN, J. JACK FORREST, J. ═══════════════ 5 -- 6 of 7 -- S.R. No. 91/2007 Supreme Court (Chapter I Amendment No. 9) Rules 2007 Endnotes ENDNOTES 1 Rule 4: S.R. No. 148/2005. Subsequently amended by S.R. Nos 43/2006, 98/2006, 102/2006, 162/2006, 169/2006, 171/2006, 5/2007 and 27/2007. 6 -- 7 of 7 --