Supreme Court (Chapter I Amendment No. 1) Rules 2006

i Supreme Court (Chapter I Amendment No. 1) Rules 2006 S.R. No. 43/2006 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Heading to Order 26 1 6. Appeal to Court of Appeal 2 7. Definition 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2006 S.R. No. 43/2006 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 1) Rules 2006 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— (a) to make further provision in relation to offers to compromise an appeal; (b) to provide for a generic reference to Commonwealth taxation legislation in Rule 72.01. 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 8 May 2006. 4. Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. 5. Heading to Order 26 In the heading to Order 26 of the Principal Rules, after "COMPROMISE" insert "AND OFFERS TO COMPROMISE ON APPEAL". -- 2 of 5 -- S.R. No. 43/2006 Supreme Court (Chapter I Amendment No. 1) Rules 2006 2 6. Appeal to Court of Appeal (1) In Rule 26.12(2) of the Principal Rules after "offer to compromise" insert "the appeal". (2) In Rule 26.12(3) of the Principal Rules after "in respect of the appeal" insert "or in respect of the appeal and the proceeding more generally". (3) In Rule 26.12(4) of the Principal Rules— (a) after "whom the offer" insert "to compromise the appeal"; (b) for "on a solicitor and client basis" substitute "on a basis other than a party and party basis". (4) In Rule 26.12(5) of the Principal Rules after "offer to compromise" (where first occurring) insert "the appeal". 7. Definition In Rule 72.01 of the Principal Rules, in the definition of "net earnings", for "the deduction from those earnings of any sum deducted from those earnings under Division 2 of Part VI of the Income Tax Assessment Act 1936" substitute "making all proper deductions under income tax legislation". Dated: 27 April 2006 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. G. M. EAMES, J.A. DAVID ASHLEY, J.A. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. DAVID BYRNE, J. r. 6 -- 3 of 5 -- S.R. No. 43/2006 Supreme Court (Chapter I Amendment No. 1) Rules 2006 3 H. R. HANSEN, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. JULIE DODDS-STREETON, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. KIM HARGRAVE, J. ═══════════════ r. 7 -- 4 of 5 -- S.R. No. 43/2006 Supreme Court (Chapter I Amendment No. 1) Rules 2006 4 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Endnotes -- 5 of 5 --