Supreme Court (Chapter I Amendment No. 8) Rules 1998

i Supreme Court (Chapter I Amendment No. 8) Rules 1998 S.R. No. 121/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Rule 33.09 1 33.09 Proceeding against medical expert 1 6. Authority of Masters 2 ═══════════════ NOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 1998 S.R. No. 121/1998 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 8) Rules 1998 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make provision with respect to hospital and medical reports and to make minor amendments of a statute law revision nature. 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 25 September 1998. 4. Principal Rules In these Rules, the General Rules of Procedure in Civil Proceedings 19961 are called the Principal Rules. 5. Rule 33.09 After Rule 33.08.1 of the Principal Rules insert— "33.09 Proceeding against medical expert (1) This Rule applies to a proceeding in which the plaintiff claims damages for bodily injury -- 2 of 5 -- S.R. No. 121/1998 Supreme Court (Chapter I Amendment No. 8) Rules 1998 2 sustained as a result of medical or the like treatment or advice given in respect of any physical or mental condition of the plaintiff. (2) Unless the Court otherwise orders, a party who is required to serve a copy of a hospital report or medical report under this Order may exclude from the copy served any expression of opinion in the original report on the question of liability and, if the original report contains any statement with respect to the facts on which the opinion is based, any statement with respect to a fact that relates only to the question of liability.". 6. Authority of Masters In Rule 77.01(b) of the Principal Rules— (a) after the item referring to the Instruments Act 1958 insert— "Legal Practice Act 1996, section 116(1);" (b) in the item referring to the Supreme Court Act 1986 for "60A, Division 2 of Part 6 (except section 75), sections" substitute "76,". Dated: 24 September 1998 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. P. D. CUMMINS, J. r. 6 -- 3 of 5 -- S.R. No. 121/1998 Supreme Court (Chapter I Amendment No. 8) Rules 1998 3 ALLAN W. McDONALD, J. T. H. SMITH, J. JOHN J. HEDIGAN, J. J. A. COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ALEX CHERNOV, J. ═══════════════ r. 6 -- 4 of 5 -- S.R. No. 121/1998 Supreme Court (Chapter I Amendment No. 8) Rules 1998 4 NOTES 1 Rule 4: S.R. No. 19/1996. Reprint No. 1 as at 1 September 1998. Notes -- 5 of 5 --