Supreme Court (Chapter II Amendment No. 1) Rules 1999

i Supreme Court (Chapter II Amendment No. 1) Rules 1999 S.R. No. 132/1999 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Insertion of Rule 4.17.1 1 4.17.1 Affidavit to be filed if leave not needed 1 6. New definition 2 7. Revocation of redundant provision 2 8. Admission to practise 2 9. Insertion of Rules 14.11 and 14.12 3 14.11 Applicants to appear in person 3 14.12 Objections 3 10. Substitution of Rules 15.03 and 15.04 3 15.03 Referral under section 160(1)(c)(iv) 3 11. Change to oath of office 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1999 S.R. No. 132/1999 Supreme Court Act 1986 Supreme Court (Chapter II Amendment No. 1) Rules 1999 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend the procedure concerning referrals relating to misconduct by legal practitioners and to make other minor amendments to the Principal Rules. 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 January 2000. 4. Principal Rules In these Rules, Chapter II of the Rules of the Supreme Court1 is called the Principal Rules. 5. Insertion of Rule 4.17.1 After Rule 4.17 of the Principal Rules insert— "4.17.1 Affidavit to be filed if leave not needed If leave to appeal is not necessary, Rule 4.12 applies to the appeal.". -- 2 of 8 -- S.R. No. 132/1999 Supreme Court (Chapter II Amendment No. 1) Rules 1999 2 6. New definition In Rule 14.01 of the Principal Rules insert the following definition— ' "mutual recognition legislation" means— (a) the Mutual Recognition Act 1992 of the Commonwealth as adopted under section 4 of the Mutual Recognition (Victoria) Act 1998; (b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth as adopted under section 4 of the Trans- Tasman Mutual Recognition (Victoria) Act 1998;'. 7. Revocation of redundant provision Rule 14.02 of the Principal Rules is revoked. 8. Admission to practise At the end of Rule 14.10 of the Principal Rules insert— "(2) Unless these Rules otherwise provide or the Chief Justice otherwise directs, a motion for admission may be made only on the days appointed in each year by the Court for motions for admission. (3) Any application to the Court under the mutual recognition legislation may be heard by a Judge and paragraph (2) does not apply.". r. 6 -- 3 of 8 -- S.R. No. 132/1999 Supreme Court (Chapter II Amendment No. 1) Rules 1999 3 9. Insertion of Rules 14.11 and 14.12 After Rule 14.10 of the Principal Rules insert— "14.11 Applicants to appear in person (1) An applicant for admission (other than an applicant under the mutual recognition legislation) shall appear in person in Court. (2) An applicant shall produce to the Court the certificate of the Board of Examiners, or the order of the Court, on which he or she relies. 14.12 Objections Any person desiring to show cause to the Court why an applicant should not be admitted may show cause before a Judge not less than 14 days before the day appointed for the hearing of the applicant's motion for admission.". 10. Substitution of Rules 15.03 and 15.04 For Rules 15.03 and 15.04 of the Principal Rules substitute— "15.03 Referral under section 160(1)(c)(iv) (1) If the Full Tribunal refers a practitioner to the Court under section 160(1)(c)(iv) of the Act, the party who commenced the proceeding in which the referral was made shall forthwith apply to the Court by originating motion for it to determine whether the practitioner's name should be struck off the roll of practitioners. (2) The originating motion shall name the applicant as plaintiff and the practitioner as defendant. r. 9 -- 4 of 8 -- S.R. No. 132/1999 Supreme Court (Chapter II Amendment No. 1) Rules 1999 4 (3) The plaintiff shall file an affidavit in support setting out the acts, facts, matters and circumstances which led to the making of the referral and exhibiting— (a) a copy of the referral certified as correct by the registrar of the Tribunal; and (b) any reasons given by the Tribunal for the making of the referral; and (c) if the Tribunal made a recommendation that the practitioner's name be struck off the roll of practitioners— (i) a copy of the recommendation certified as correct by the registrar of the Tribunal; and (ii) any reasons given by the Tribunal for the making of the recommendation. (4) The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as is practicable. (5) Within seven days after filing the originating motion the plaintiff shall apply on summons to a Master for directions. (6) The Master shall refer the application under paragraph (1) to a Judge for hearing and determination. (7) If the practitioner named in the referral has appealed to the Court of Appeal from an order of the Full Tribunal in the proceeding in which the referral was made, the Judge may reserve the application for the consideration of the Court of Appeal under section 17B of the Supreme Court Act 1986.". r. 10 -- 5 of 8 -- S.R. No. 132/1999 Supreme Court (Chapter II Amendment No. 1) Rules 1999 5 11. Change to oath of office In Form 2-14B of the Principal Rules, for "demean" substitute "conduct". Dated: 9 December 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. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. G. HAMPEL, 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. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. r. 11 -- 6 of 8 -- S.R. No. 132/1999 Supreme Court (Chapter II Amendment No. 1) Rules 1999 6 PHILIP MANDIE, J. ROSEMARY BALMFORD, J. E. W. GILLARD, J. ═══════════════ r. 11 -- 7 of 8 -- S.R. No. 132/1999 Supreme Court (Chapter II Amendment No. 1) Rules 1999 7 NOTES 1 Rule 4: S.R. No. 110/1998. Notes -- 8 of 8 --