Supreme Court (Chapter I Amendment No. 10) Rules 1999

i Supreme Court (Chapter I Amendment No. 10) Rules 1999 S.R. No. 96/1999 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of title 2 6. Offer of compromise 2 7. Costs consequences 3 8. New Rule 26.11 3 26.11 Transitional 4 9. Offer to compromise on appeal 4 10. Medical and hospital reports 5 11. Revocation of Rule 33.09(1) 8 12. Amendment of Rule 33.11 8 13. Amendment of Rule 44.02(2) 9 14. Statement of expert evidence 9 15. WorkCover appeals 9 16. Leave to issue warrant 9 17. Masters' authority 10 ═══════════════ NOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 1999 S.R. No. 96/1999 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 10) Rules 1999 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend the provisions in the Principal Rules concerning— (a) the title to Chapter I; (b) offers of compromise; (c) medical reports, hospital reports and expert witness statements— and to make other miscellaneous amendments. 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 September 1999. 4. Principal Rules In these Rules, Chapter I of the Rules of the Supreme Court1 is called the Principal Rules. -- 2 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 2 5. Amendment of title (1) The title of the General Rules of Procedure in Civil Proceedings 19962 is changed to "Supreme Court (General Civil Procedure) Rules 1996". (2) For Rule 1.01 of the Principal Rules substitute— "1.01 Title These Rules constitute Chapter I of the Rules of the Supreme Court and are entitled the Supreme Court (General Civil Procedure) Rules 1996.". 6. Offer of compromise For Rule 26.02 of the Principal Rules substitute— "26.02 Application (1) The plaintiff and the defendant may in respect of any claim in a proceeding serve on one another an offer of compromise on the terms specified in the offer. (2) An offer of compromise in respect of a claim may be on terms that take into account any other claim between the plaintiff and the defendant made in the proceeding. (3) An offer of compromise shall— (a) be in writing and prepared in accordance with Rules 27.02 to 27.04; and (b) contain a statement to the effect that it is served in accordance with this Order.". r. 5 -- 3 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 3 7. Costs consequences (1) In Rule 26.08 of the Principal Rules, for paragraph (2) substitute— "(2) Where an offer of compromise is made by a plaintiff and not accepted by the defendant, and the plaintiff obtains a judgment on the claim to which the offer relates no less favourable to him than the terms of the offer, then, unless the Court otherwise orders, the plaintiff shall be entitled— (a) if the claim of the plaintiff is for damages for or arising out of death or bodily injury, to an order against the defendant for his costs in respect of the claim taxed on a solicitor and client basis; (b) in the case of any other claim of the plaintiff, to an order against the defendant for his costs in respect of the claim up to and including the day the offer was served taxed on a party and party basis and for his costs thereafter taxed on a solicitor and client basis.". (2) In Rule 26.08 of the Principal Rules, after paragraph (7) insert— "(8) Where the plaintiff obtains judgment for the recovery of a debt or damages, and the amount of the debt or the damages was not in dispute, but only the question of liability, paragraph (2) shall not apply unless the Court is satisfied that the plaintiff's offer was of a genuine compromise.". 8. New Rule 26.11 r. 7 -- 4 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 4 After Rule 26.10 of the Principal Rules insert— "26.11 Transitional This Order as in force immediately before 1 September 1999 continues to apply to— (a) an offer of compromise served under Part 2 of this Order; and (b) an offer to compromise served under Part 3 of this Order— before that date.". 9. Offer to compromise on appeal In Order 26 of the Principal Rules, for Part 3 substitute— "PART 3—OFFER TO COMPROMISE ON APPEAL 26.12 Appeal to Court of Appeal (1) Where notice of appeal to the Court of Appeal has been served, a party may serve on another party an offer to compromise the appeal on the terms specified in the offer. (2) The offer to compromise may be on terms that take into account any cross-appeal. (3) Where on an appeal— (a) a party has made an offer in writing to the other party (whether or not expressed to be without prejudice) to compromise the appeal on the terms specified in the offer; (b) the offer was open to be accepted for a reasonable time, but was not accepted; and -- 5 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 5 (c) the party making the offer obtains an order on the appeal no less favourable to that party than the terms of the offer— the Court of Appeal shall take those matters, and also the stage of the appeal at which the offer was made, into account in determining what order for costs to make in respect of the appeal. (4) The Court of Appeal may, in exercising its discretion as to costs in accordance with paragraph (3), order that the party on whom the offer was served pay the costs of the party who made the offer, taxed on a solicitor and client basis, from the commencement of the appeal, from the day the offer was served or from any other time that the Court thinks fit. (5) Unless the offer to compromise provides that the offer is not made without prejudice, no statement of the fact that an offer to compromise has been made shall be contained in any affidavit and no communication with respect to the offer shall be made to the Court of Appeal until the appeal has been determined save as to costs.". 10. Medical and hospital reports For Rules 33.06, 33.07, 33.08 and 33.08.1 of the Principal Rules substitute— '33.06 Report of examination of plaintiff (1) A defendant for whom a plaintiff is examined under Rule 33.04 shall as soon as practicable after the examination obtain from the medical expert a medical report. r. 10 -- 6 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 6 (2) Upon obtaining the medical report the defendant shall forthwith serve the medical report on the plaintiff. (3) If the defendant later obtains another medical report from the medical expert concerning the plaintiff, whether or not the other report is consequent upon a further examination by the medical expert of the plaintiff, the defendant shall forthwith serve the medical report on the plaintiff. 33.07 Service of reports by plaintiff (1) A plaintiff shall serve on each other party who has an address for service in the proceeding any hospital or medical report (other than a hospital or medical report served on or supplied to him by another party) which he intends to tender or the substance of which he intends to adduce in evidence or which otherwise he intends to use at the trial. (2) The plaintiff shall serve the hospital report or medical report— (a) within seven days after notice of trial under Order 48 is given, or, if the proceeding is set down for trial by order of the Court made under Rule 48.06, within seven days after the order; and (b) in the case of a hospital report or medical report made to or obtained by or for the plaintiff after the time referred to in paragraph (a), forthwith— or at such other time as the Court directs. r. 10 -- 7 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 7 33.08 Service of reports by defendant (1) A defendant shall serve on each other party who has an address for service in the proceeding any hospital report or medical report (other than a hospital report or medical report served on or supplied to him by another party) which he intends to tender or the substance of which he intends to adduce in evidence or which otherwise he intends to use at the trial. (2) Paragraph (1) does not require the defendant to serve on the plaintiff a medical report served on the plaintiff under Rule 33.06, but the defendant shall by notice to the plaintiff in writing identify any medical report so served which he intends to tender or the substance of which he intends to adduce in evidence or which otherwise he intends to use at the trial. (3) The defendant shall serve the hospital report or medical report and give any notice under paragraph (2)— (a) within 14 days after notice of trial under Order 48 is given, or, if the proceeding is set down for trial by order of the Court made under Rule 48.06, within 14 days after the order; and (b) in the case of a hospital report or medical report made to or obtained by or for the defendant after the time referred to in paragraph (a), forthwith— or at such other time as the Court directs. r. 10 -- 8 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 8 (4) In this Rule "defendant" includes a third or subsequent party. 33.08.1 Other medical reports to be served Where after a party has served a medical report under Rule 33.07 or Rule 33.08 the medical expert who made the report makes another medical report to the party, then, notwithstanding that the party no longer intends to tender the medical report so served or to adduce its substance in evidence or to otherwise use it at the trial, or does not intend to tender the other medical report or to adduce its substance in evidence or to otherwise use it at the trial, the party shall serve the other medical report forthwith on each other party who has an address for service in the proceeding.'. 11. Revocation of Rule 33.09(1) 3 In Rule 33.09 of the Principal Rules, paragraph (1) is revoked. 12. Amendment of Rule 33.11 (1) In Rule 33.11(2) of the Principal Rules omit "a copy of". (2) For Rule 33.11(3) of the Principal Rules substitute— "(3) Subject to paragraphs (4) and (5), a medical report may be used in evidence by the party who served the report or by any party on whom it was served.". (3) In Rule 33.11(4) of the Principal Rules omit "a copy of". (4) In Rule 33.11(5) of the Principal Rules omit "a copy of". r. 11 -- 9 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 9 13. Amendment of Rule 44.02(2) In Rule 44.02(2) of the Principal Rules for ", if not subject to Order 33, is subject to this Order" substitute "is subject to this Order, save to the extent that the evidence has been disclosed by the service of a report under Order 33". 14. Statement of expert evidence4 (1) For Rule 44.03(1) of the Principal Rules substitute— "(1) Unless otherwise ordered, a party who intends at trial to adduce the evidence of a person as an expert witness shall, not later than 30 days before the day fixed for trial, serve on each other party a statement in accordance with paragraph (2) and deliver a copy for the use of the Court.". (2) After Rule 44.03(2) of the Principal Rules insert— '(3) Copies of statements shall be delivered by delivering them to the Prothonotary in a sealed envelope bearing the title of the proceeding and stating "Statements delivered by [identify party] pursuant to Rule 44.03(1)".'. 15. WorkCover appeals In Rule 58.01(3) of the Principal Rules, for "Order 4 of Chapter II" substitute "Order 64". 16. Leave to issue warrant In Rule 68.02(1) of the Principal Rules, omit paragraph (g). r. 13 -- 10 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 10 17. Masters' authority In Rule 77.02 of the Principal Rules, paragraph (6) is revoked. Dated: 29 July 1999 J. H. PHILLIPS, C.J. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. BARRY BEACH, J. F. H. R. VINCENT, J. BERNARD G. TEAGUE, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN J. HEDIGAN, J. DAVID BYRNE, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. M. L. WARREN, J. ═══════════════ r. 17 -- 11 of 12 -- S.R. No. 96/1999 Supreme Court (Chapter I Amendment No. 10) Rules 1999 11 NOTES 1 Rule 4: Rule 4 of S.R. No. 19/1996. Reprint No. 1 as at 1 September 1998. Further amended by S.R. Nos 121/1998 and 150/1998. 2 Rule 5: S.R. No. 19/1996. See note 1. 3 The heading to Rule 33.09 is changed to "Opinion on liability". 4 The heading to Rule 44.03 is changed to "Statement of expert evidence". Notes -- 12 of 12 --