Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2002 (NO 3) (NO 27 OF 2002) - SCHEDULE 2

Schedule 2     Minor amendments

(see r 3)

[2.1]     Order 39A rule 4 (1)

substitute

    (1)     Unless the court otherwise orders, the clerk at a proceeding must keep exhibits in the proceeding for—

        (a)     21 days after the day judgment is given in the proceeding; or

        (b)     if leave to appeal from the judgment is given within that period of 21 days—21 days after the day leave is given.

Note     O 86 r 32 (Keeping exhibits) deals with the keeping of the exhibits if an appeal is begun in the Court of Appeal from a judgment given in the proceeding.

[2.2]     Order 39A rules 4 (2) and 5 (3)

omit

and the Federal Court Rules

[2.3]     Order 42 rule 13

omit

[2.4]     Order 84 heading

substitute

Order 84     Appeals to Supreme Court other than to Court of Appeal

[2.5]     Order 84 rule 1

substitute

1     Definitions for o 84

In this order:

"appeal" means an appeal from a decision of a tribunal.

"court "means the court other than when it is the Court of Appeal or Full Court, but does not include—

        (a)     the master in relation to interlocutory judgments of the master; or

        (b)     the registrar.

"decision" includes judgment.

Note     Judgment is defined in the Act, dict.

"relevant Act", in relation to an appeal, means the Act under which the appeal is brought.

"tribunal" means a court, tribunal or other entity from which an appeal may be made to the court, and includes—

        (a)     the master in relation to interlocutory judgments of the master; and

        (b)     the registrar of the court.

[2.6]     Order 84 new rule 1A

insert

1A     Meaning of registrar for o 84

    (1)     In this order:

"registrar", of a tribunal, means—

        (a)     except in relation to the master or registrar of the court—the registrar of the tribunal or, if there is not a registrar of the tribunal, the person in charge of the tribunal's administration; or

        (b)     in relation to the master or registrar of the court—the registrar of the court.

    (2)     In this rule:

"registrar" of the tribunal includes a deputy registrar of the tribunal.

[2.7]     Order 84 rule 2

substitute

2     Application of o 84

This order applies to an appeal subject to—

        (a)     any Act or subordinate law applying to the appeal; and

        (b)     any direction of the court on the application of a party to the appeal.

Note     Appeals may be made to the court from the tribunals mentioned in the following table:

Tribunals appealed from

column 1 item	column 2 tribunal	column 3 law appealed under

1	administrative appeals tribunal	Administrative Appeals Tribunal Act 1989 , section 46
2	credit tribunal	Consumer Credit (Administration) Act 1996 , section 94
3	discrimination tribunal	Discrimination Act 1991 , section 108D
4	guardianship tribunal	Guardianship and Management of Property Act 1991 , section 56
5	Magistrates Court	Community and Health Services Complaints Act 1993 , section 39G (1) Consumer Credit (Administration) Act 1996 , section 95 Health Records (Privacy and Access) Act 1997 , section 32 (1) Magistrates Court Act 1930 , divisions 11.1 and 11.2 Magistrates Court (Civil Jurisdiction) Act 1982 , part 21
6	mental health tribunal	Mental Health (Treatment and Care) Act 1994 , section 141
7	registrar of the Supreme Court	Criminal Injuries (Compensation) Act 1983 , section 28
8	residential tenancies tribunal	Residential Tenancies Act 1997 , section 126
9	Small Claims Court	Magistrates Court (Civil Jurisdiction) Act 1982 , part 21
10	Supreme Court (constituted by the master in relation to interlocutory judgments of the master)	Supreme Court Act 1933 , section 9 (2) (a)
11	tenancy tribunal	Tenancy Tribunal Act 1994 , section 58

[2.8]     Order 84 rule 4 (1) (b), (c) and (6) (b) and rule 6 (1) (b) and (2) (b)

omit

order

substitute

judgment

[2.9]     Order 84 rule 9

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9     Date for settlement of appeal papers

The registrar must set a date for settlement of the appeal papers for an appeal by writing the date on the notice of appeal.

[2.10]     Order 84 rule 16 (4) (b) and (c)

omit

order

substitute

judgment

[2.11]     Schedule 1, form 6.1

omit
Entry of appearance

substitute
1 Entry of appearance

[2.12]     Schedule 1, form 6.1

omit
Settling appeal papers

substitute
2 Settling appeal papers