Courts (Case Transfer) Rules 2001

i Courts (Case Transfer) Rules 2001 S.R. No. 92/2001 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 PART 2—GENERAL TRANSFERS 3 6. Notice of selection 3 7. Objection 3 8. Determination 3 9. Transfer order 3 10. Election as to costs 4 PART 3—INDIVIDUAL TRANSFERS 5 11. Reference by a party 5 12. Notice of reference 5 13. Determination under section 17 5 14. Undertaking under Part 3 5 15. Order under section 17(8) 6 16. Objection 6 17. Determination after objection 6 18. Transfer order 6 PART 4—CIRCUIT TRANSFERS 8 19. Transfer order 8 PART 5—ADMINISTRATIVE TRANSFERS 9 20. Application under section 26 9 21. Application under section 27 9 22. Transfer order 9 PART 6—OTHER TRANSFERS 10 -- 1 of 22 -- Rule Page ii 23. Application by party 10 24. Order not on application 10 PART 7—GENERAL 11 25. Delegation of powers or duties 11 26. Extension of time 11 27. Copy document to be served 11 28. Manner of giving notice or serving 11 29. Non-compliance with Rules 11 30. Dispensing with compliance 11 __________________ FORMS 13 Form 1—Notice under section 9 13 Form 2—Notice of objection under the Courts (Case Transfer) Act 1991 14 Form 3—Notice of election 15 Form 4—Referral under part 3 of the Courts (Case Transfer) Act 1991 16 Form 5—Notice of referral under part 3 of the Courts (Case Transfer) Act 1991 17 Form 6—Plaintiff's application under part 5 of the Courts (Case Transfer) Act 1991 18 Form 7—Defendant's application under part 5 of the Courts (Case Transfer) Act 1991 19 ═══════════════ ENDNOTES 20 -- 2 of 22 -- 1 STATUTORY RULES 2001 S.R. No. 92/2001 Courts (Case Transfer) Act 1991 Courts (Case Transfer) Rules 2001 The Chief Justice of the Supreme Court (with the approval of the Council of Judges of the Supreme Court), the Chief Judge of the County Court (with the approval of the Council of Judges of the County Court) and the Chief Magistrate (with the approval of the Council of Magistrates) make the following Rules: PART 1—PRELIMINARY 1. Object The object of these Rules is to make provision for the transfer of civil proceedings between courts under the Courts (Case Transfer) Act 1991. 2. Authorising provisions These Rules are made under section 34 of the Courts (Case Transfer) Act 1991 and all other enabling powers. 3. Commencement These Rules come into operation on 22 September 2001. 4. Revocation The Courts (Case Transfer) Rules 19911 are revoked. -- 3 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 2 5. Definitions In these Rules— "section" means section of the Act; "the Act" means the Courts (Case Transfer) Act 1991. _______________ r. 5 -- 4 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 3 PART 2—GENERAL TRANSFERS 6. Notice of selection (1) Notice under section 9 to the parties to a proceeding selected for transfer shall be in Form 1. (2) The transferor court shall cause a copy of the notice to be filed in the proceeding. 7. Objection (1) A notice of objection under section 10 shall be filed within 14 days after notice to the party under section 9 or within such further time as the senior judicial officer of the higher court may allow. (2) The notice shall include a statement of the grounds of the objection and any submissions in support and shall be in Form 2. 8. Determination If a determination is made under section 11 that a proceeding is not to be transferred, the court in which the proceeding is pending shall cause— (a) notice of the determination to be given to the parties to the proceeding; and (b) a copy of the notice to be filed in the proceeding. 9. Transfer order (1) If an order is made under section 12, the order shall be drawn up by the transferor court. (2) In respect of each proceeding to which the order relates the transferor court shall cause a copy of the order— (a) to be filed in the proceeding; and r. 6 -- 5 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 4 (b) to be given to the parties to the proceeding within 14 days after the making of an order. (3) The transferor court shall cause the record and all documents relating to the proceedings to which the order applies to be sent to the transferee court within 14 days after the making of an order. 10. Election as to costs A party to a proceeding which is transferred to a lower court under Part 2 of the Act may make an election having effect under section 13(1)(g) by filing in the proceeding a notice in Form 3 within 28 days after the making of the transfer order. _______________ r. 10 -- 6 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 5 PART 3—INDIVIDUAL TRANSFERS 11. Reference by a party A party to a proceeding in a court may refer the proceeding to the designated judicial officer of that court by filing a notice in Form 4. 12. Notice of reference (1) If a matter is referred under section 17(1), the designated judicial officer shall cause notice of the reference to be given to the parties to the proceeding. (2) The notice shall be in Form 5 and shall specify a date by which the parties to the proceeding may make written submissions. (3) The date specified in the notice shall be not less than 21 days after the date of the notice. (4) The time specified in the notice may be extended by the designated judicial officer who caused the notice to be given. 13. Determination under section 17 Upon a determination being made under section 17(3), the designated judicial officer of the court in which the proceeding is pending shall cause— (a) notice of the determination to be given to the parties to the proceeding; and (b) a copy of the notice to be filed in the proceeding. 14. Undertaking under Part 3 An undertaking required of a party under section 17(6) or section 20(4) may be given by the party filing the undertaking in the proceeding. r. 11 -- 7 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 6 15. Order under section 17(8) A party to a proceeding may apply to a court for an order under section 17(8) in the manner prescribed by and subject to the rules of that court for the making of an interlocutory application in the proceeding notice of which is not required to be served personally. 16. Objection (1) A notice of objection under section 19 by a party to a proceeding shall be filed within 14 days after notice to the party of the determination under section 17 or within such further time as the senior judicial officer of the higher court may allow. (2) Rule 7(2) applies to the notice. 17. Determination after objection If a determination is made under section 20 that a proceeding is not to be transferred, the court in which the proceeding is pending shall cause— (a) notice of the determination to be given to the parties to the proceeding; and (b) a copy of the notice to be filed in the proceeding. 18. Transfer order (1) If an order is made under section 21, the order shall be drawn up by the transferor court. (2) The transferor court shall cause a copy of the order— (a) to be filed in the proceeding; and (b) to be given to the parties to the proceeding within 7 days after the making of the order. r. 15 -- 8 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 7 (3) The transferor court shall cause the record and all documents relating to the proceeding to be sent to the transferee court within 7 days after the making of the order. _______________ r. 18 -- 9 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 8 PART 4—CIRCUIT TRANSFERS 19. Transfer order If an order is made under section 24, Rule 9 applies in the same manner as it applies when an order is made under section 12. _______________ r. 19 -- 10 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 9 PART 5—ADMINISTRATIVE TRANSFERS 20. Application under section 26 (1) An application under section 26 shall be in Form 6 and shall contain the certificate required by the section. (2) If the written consent of the parties to the proceeding is required under section 26, the application shall not be made unless that consent is filed before or at the time when the application is filed. 21. Application under section 27 (1) An application under section 27 shall be in Form 7 and shall contain the certificate required by the section. (2) The application shall not be made before the defendant's counterclaim has been filed and served in the proceeding. 22. Transfer order If an order is made under section 26 or section 27, Rule 18 applies in the same manner as it applies when an order is made under section 21. _______________ r. 20 -- 11 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 10 PART 6—OTHER TRANSFERS 23. Application by party An application for an order under section 30 in relation to a proceeding pending in the Supreme Court or the County Court shall be made in the manner prescribed by and subject to the rules of that court for the making of an interlocutory application in the proceeding notice of which is not required to be served personally. 24. Order not on application (1) The Supreme Court or the County Court may make an order under section 30 of its own motion only upon notice to the parties. (2) If the Supreme Court or the County Court makes an order under section 30 of its own motion, Rule 18 applies in the same manner as it applies when an order is made under section 21. _______________ r. 23 -- 12 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 11 PART 7—GENERAL 25. Delegation of powers or duties The senior judicial officer of a court may delegate to another judicial officer of that court any of his or her powers or duties under these Rules other than this power of delegation. 26. Extension of time Any time that may be extended under these Rules may be extended before or after the time expires and whether or not any application for the extension is made. 27. Copy document to be served A party to a proceeding who files a document under the Act or these Rules shall serve a copy of the document on the other parties to the proceedings as soon as practicable thereafter. 28. Manner of giving notice or serving Where by or under the Act or these Rules any notice is to be given or any document is to be served upon a party to a proceeding in a court, the notice may be given or the document served (as the case may be) in any manner allowed by the rules of that court for service of an interlocutory application in the proceeding where personal service is not required. 29. Non-compliance with Rules Subject to the Act, a failure to comply with these Rules is an irregularity and does not render any step taken or any document or order a nullity. 30. Dispensing with compliance r. 25 -- 13 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 12 Subject to the Act, the court in which a proceeding is pending may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises. __________________ r. 30 -- 14 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 13 FORMS RULE 6(1) FORM 1 In the [transferor court] In the matter of the Courts (Case Transfer) Act 1991. NOTICE UNDER SECTION 9 TAKE NOTICE that the several proceedings identified in the Schedule have been selected under section 8 of the abovementioned Act for transfer to the [transferee court] under Part 2 of the Act. AND TAKE NOTICE that as a party to one of the proceedings identified in the Schedule you may object to the transfer of that proceeding by filing a Notice of Objection in accordance with the Courts (Case Transfer) Rules 2001. Dated: This Notice is given at the direction of the [transferor court] Note: Any Notice of Objection should be filed within 14 days and be in Form 2 of the rules. It should contain a statement of the grounds of the objection and any submissions in support. _______________ Form 1 -- 15 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 14 RULES 7(2); 16(2) FORM 2 [Heading as in Originating Process] NOTICE OF OBJECTION under the Courts (Case Transfer) Act 1991 TAKE NOTICE that the [title of party] in this proceeding objects to the transfer of this proceeding to the [transferee court] under the Courts (Case Transfer) Act 1991. THE GROUNDS of the objection are as follows: [set out the grounds concisely in separate, numbered paragraphs]. THE FOLLOWING SUBMISSIONS are made in support of the objection: [set out the submissions, if any, that the party objecting wishes to have considered in support of the objection. Submissions should be set out concisely, in separate numbered paragraphs]. Dated: _________________________ [Signature of party objecting or legal practitioner] _______________ Form 2 -- 16 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 15 RULE 10 FORM 3 [Heading as in Originating Process] NOTICE OF ELECTION TAKE NOTICE that the [title of party] in this proceeding elects under section 13(1)(g) of the Courts (Case Transfer) Act 1991 to take costs (if ordered in favour of the said party) on the court scale of the [transferee court]. Dated: _________________________ [Signature of party electing or legal practitioner] Note: This Notice of Election must be filed in the proceeding and served on all other parties to the proceeding. _______________ Form 3 -- 17 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 16 RULE 11 FORM 4 [Heading as in Originating Process] REFERRAL UNDER PART 3 of the Courts (Case Transfer) Act 1991 TAKE NOTICE that the [title of party] refers this proceeding to the [designated judicial officer] of this Court under section 17(1) of the Courts (Case Transfer) Act 1991 as a proceeding which is or may be suitable for transfer to the [suggested transferee court] under Part 3 of that Act. Dated: _________________________ [Signature of party referring or legal practitioner] Note: This Referral must be filed in the proceeding and a copy served on all other parties to the proceeding. _______________ Form 4 -- 18 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 17 RULE 12(2) FORM 5 [Heading as in Originating Process] NOTICE OF REFERRAL UNDER PART 3 of the Courts (Case Transfer) Act 1991 TAKE NOTICE that this proceeding has been referred to the [title of the designated judicial officer] of this Court for consideration for transfer to [suggested transferee court] under Part 3 of the Courts (Case Transfer) Act 1991. AND TAKE NOTICE that as a party to this proceeding you may make written submissions on the matter on or before [specify date not less than 21 days after the date of this notice]. Any submissions should be— 1. entitled in this proceeding; 2. set out concisely in separate, numbered paragraphs; and 3. filed in the Court as a document in this proceeding. Dated: This Notice is given at the direction of the [designated judicial officer] _______________ Form 5 -- 19 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 18 RULE 20(1) FORM 6 [Heading as in Originating Process] PLAINTIFF'S APPLICATION UNDER PART 5 of the Courts (Case Transfer) Act 1991 TAKE NOTICE that the Plaintiff in this proceeding applies for an order under Part 5 of the Courts (Case Transfer) Act 1991 that this proceeding be transferred to [proposed transferee court]. * THE PLAINTIFF certifies that the [proposed transferee court] has jurisdiction to hear and determine this proceeding [including the counterclaim] OR * THE PLAINTIFF certifies that with the written consent of the parties to this proceeding the [proposed transferee court] will have jurisdiction to hear and determine this proceeding [including the counterclaim]. Dated: _________________________ [Signature of Plaintiff or legal practitioner] Note: 1. If the jurisdiction of the proposed transferee court depends upon the written consent of the parties, that consent must be filed with this application, if not previously filed. 2. This application must be filed in the proceeding and a copy served on all other parties to the proceeding. * Delete whichever is inapplicable. _______________ Form 6 -- 20 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 19 RULE 21(1) FORM 7 [Heading as in Originating Process] DEFENDANT'S APPLICATION UNDER PART 5 of the Courts (Case Transfer) Act 1991 TAKE NOTICE that the Defendant in this proceeding applies for an order under Part 5 of the Courts (Case Transfer) Act 1991 that these proceedings be transferred to [suggested transferee court] at [location of transferee court]. THE DEFENDANT certifies that the Defendant's counterclaim in this proceeding involves a matter exceeding the jurisdiction of the [transferor court] and that the Plaintiff does not consent to the [transferor court] having jurisdiction. Dated: _________________________ [Signature of Defendant or legal practitioner] Note: This Application must be filed in the proceeding and a copy served on all other parties to the proceeding. Dated: 19 September 2001 J. H. PHILLIPS, C.J. G. R. D. WALDRON, Chief Judge I. GRAY, Chief Magistrate ══════════════ Form 7 -- 21 of 22 -- S.R. No. 92/2001 Courts (Case Transfer) Rules 2001 20 ENDNOTES 1 Rule 4: S.R. No. 178/1991. Endnotes -- 22 of 22 --