Magistrates' Court Civil Procedure (Amendment) Rules 1998

i Magistrates' Court Civil Procedure (Amendment) Rules 1998 S.R. No. 16/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. New Order 16A inserted 1 ORDER 16A—APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958 2 16A.01 Application of Order 2 16A.02 Form of application 2 16A.03 Filing 2 16A.04 Service 2 16A.05 Duty of applicant 2 16A.06 Payment of costs 2 5. New Form 16AA inserted 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1998 S.R. No. 16/1998 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Amendment) Rules 1998 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object of these Rules is to facilitate applications to the Court under section 42E(1) of the Evidence Act 1958. 2. Authorising provisions These Rules are made under sections 16 and 141 of the Magistrates' Court Act 1989 and all other enabling powers. 3. Principal Rules In these Rules the Magistrates' Court Civil Procedure Rules 19891 are called the Principal Rules. 4. New Order 16A inserted After Order 16 of the Principal Rules insert— -- 2 of 6 -- S.R. No. 16/1998 Magistrates' Court Civil Procedure (Amendment) Rules 1998 2 "ORDER 16A—APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958 16A.01 Application of Order This Order applies to an application for a direction under section 42E(1) of the Evidence Act 1958. 16A.02 Form of application Notice of an application must be in Form 16AA. 16A.03 Filing The applicant must file the notice at least 7 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court. 16A.04 Service As soon as practicable after the filing of the notice the applicant must serve a copy on every other party. 16A.05 Duty of applicant If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the Registrar forthwith. 16A.06 Payment of costs Unless the Court otherwise orders, the appropriate amount prescribed by the regulations under section 42H(1) of the Act shall be paid in the first instance by the applicant.". r. 4 -- 3 of 6 -- S.R. No. 16/1998 Magistrates' Court Civil Procedure (Amendment) Rules 1998 3 5. New Form 16AA inserted After Form 14B to the Principal Rules insert— " RULE 16A.02 FORM 16AA NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958 [heading as in Form 4A] PART 1—PARTICULARS OF APPLICATION I, [name of applicant] of [address of applicant or firm of solicitor for applicant] hereby request an *audio visual/*audio link in accordance with the following details— 1. *Audio visual/*Audio link— From [originating city/town] To [receiving city/town] 2. Type of hearing—[e.g. *Hearing/*Contest Mention*Other] 3. Number of persons to appear before, or give evidence by *audio visual/*audio link— 4. Suggested time (if any) for link— 5. Estimate of duration of link— 6. Is this application being made with the consent of the parties to the proceeding?— 7. If the answer to question 6 is No, what parties have not given consent?— 8. If a hearing date has been fixed, what is the date of the hearing?— I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act. Date— [Signature] PART 2—PARTICULARS OF HEARING (to be completed by the Registrar) r. 5 -- 4 of 6 -- S.R. No. 16/1998 Magistrates' Court Civil Procedure (Amendment) Rules 1998 4 The application will be heard before the Magistrates' Court at on [e.g. 20 June, 19 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June, 19 ]. *strike out as appropriate.". Dated: 2 March 1998 MICHAEL ANTHONY ADAMS, QC, CM DANIEL JOHN MULING, Deputy CM JELENA POPOVIC, Deputy CM ═══════════════ r. 5 -- 5 of 6 -- S.R. No. 16/1998 Magistrates' Court Civil Procedure (Amendment) Rules 1998 5 NOTES 1 S.R. No. 199/1989. Reprinted to S.R. No. 81/1997 and subsequently amended by S.R. No. 131/1997. Notes -- 6 of 6 --