Australian Capital Territory Numbered Regulations

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COURT PROCEDURES AMENDMENT RULES 2012 (NO 2) (NO 43 OF 2012) - REG 37

New rules 4738 and 4739

in division 4.3.4, insert

4738     Supreme Court criminal proceedings—directions

    (1)     A party to a proceeding may, at any time, apply to the court for directions about the conduct of the proceeding.

Note     Pt 6.2 (Applications in proceedings) applies to an application for directions.

    (2)     The court may, at any stage of a proceeding, give any direction about the conduct of the proceeding it considers appropriate, even though the direction may be inconsistent with another provision of these rules.

    (3)     The court may give a direction about the conduct of the proceeding on application by a party or on its own initiative.

    (4)     In deciding whether to give a direction under this rule, the interests of justice are paramount.

    (5)     If a direction under this rule is inconsistent with another provision of these rules, the direction prevails to the extent of the inconsistency.

    (6)     The court may at any time amend or revoke a direction made under this rule.

    (7)     The court may amend or revoke a direction made under this rule on application by a party or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application to amend or revoke a direction.

    (8)     The powers of the court under this rule are additional to any other powers of the court under a territory law.

Note     A territory law includes these rules (see Legislation Act

, s 98).

4739     Supreme Court criminal proceedings—proceeding already being managed by court

If, under these rules, a proceeding has been assigned to the docket of a judge or the master, the judge or master assigned the proceeding—

        (a)     must hear the proceeding and any application in relation to the proceeding, unless the court otherwise orders; and

        (b)     may monitor the proceeding to ensure that the parties comply with any directions given in the proceeding.



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