Supreme Court (Chapter II Amendment No. 13) Rules 1996

i Supreme Court (Chapter II Amendment No. 13) Rules 1996 S.R. No. 139/1996 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment to the heading to Order 8 1 6. Amendment of Rule 8.01—Interpretation 1 7. Amendment of Rule 8.02—Application of Order 2 8. Amendment of Rule 8.03—List 2 9. Amendment of Rule 8.04—Judge in charge 2 10. Amendment of Rule 8.16—Summons 3 11. Amendment of Rule 8.18—Application of Order 4 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1996 S.R. No. 139/1996 Supreme Court Act 1986 Supreme Court (Chapter II Amendment No. 13) Rules 1996 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to expand the operation of Order 8 of the Principal Rules to include planning cases. 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 3 February 1997. 4. Principal Rules In these Rules, the Rules of Procedure in Miscellaneous Civil Proceedings 19881 are called the Principal Rules. 5. Amendment to the heading to Order 8 For the heading to Order 8 of the Principal Rules substitute "VALUATION, COMPENSATION AND PLANNING". 6. Amendment of Rule 8.01—Interpretation In Rule 8.01 of the Principal Rules— -- 2 of 6 -- S.R. No. 139/1996 Supreme Court (Chapter II Amendment No. 13) Rules 1996 2 (a) for the definition of "valuation and compensation case" substitute— ' "Order 8 case" means any proceeding described in Rule 8.02;'; (b) for the definition of "Valuation and Compensation List" or "list" substitute— ' "Valuation, Compensation and Planning List" or "list" means the list referred to in Rule 8.03 compiled by the Prothonotary;'. 7. Amendment of Rule 8.02—Application of Order In Rule 8.02 of the Principal Rules, after paragraph (c) insert— "(d) on appeal on a question of law from the Planning division of the Administrative Appeals Tribunal; (e) which otherwise arises under the Planning Appeals Act 1980 or any act or provision listed in the schedule referred to in section 13 of that Act; (f) which the Judge is satisfied is appropriate to be entered in the list, because it raises a question relating to land use or environment protection and may be conveniently dealt with in the list.". 8. Amendment of Rule 8.03—List In Rule 8.03 of the Principal Rules— (a) for "valuation and compensation cases" substitute "Order 8 cases"; (b) for "Valuation and Compensation List" substitute "Valuation, Compensation and Planning List". 9. Amendment of Rule 8.04—Judge in charge r. 7 r. 9 -- 3 of 6 -- S.R. No. 139/1996 Supreme Court (Chapter II Amendment No. 13) Rules 1996 3 In Rule 8.04(3) of the Principal Rules for "valuation and compensation case" substitute "Order 8 case". 10. Amendment of Rule 8.16—Summons In Rule 8.16 of the Principal Rules for "Rule 8.02(c)" substitute "paragraph (c) or (f) of Rule 8.02". 11. Amendment of Rule 8.18—Application of Order 4 In Rule 8.18 of the Principal Rules for "and section 102(3) of the Land Acquisition and Compensation Act 1986" substitute ", section 102(3) of the Land Acquisition and Compensation Act 1986 and from the Planning division of the Administrative Appeals Tribunal.". Dated: 28 November 1996 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. K. M. HAYNE, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. G. HAMPEL, J. H. NATHAN, J. BERNARD G. TEAGUE, J. ALLAN W. McDONALD, J. T. H. SMITH, J. JOHN J. HEDIGAN, J. r. 11 -- 4 of 6 -- S.R. No. 139/1996 Supreme Court (Chapter II Amendment No. 13) Rules 1996 4 DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. J. M. BATT, J. H. R. HANSEN, J. ROSEMARY BALMFORD, J. ═══════════════ -- 5 of 6 -- S.R. No. 139/1996 Supreme Court (Chapter II Amendment No. 13) Rules 1996 5 NOTES 1 S.R. No. 334/1988 Reprinted to S.R. No. 70/1993 and subsequently amended by S.R. Nos 41/1995, 71/1995 and 156/1995. Notes -- 6 of 6 --