Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 23 OF 1993) - REG 6

6. Rules 2, 3, 4 and 5 of Order 35 of the Principal Rules are repealed and the following rules substituted:

Notice to admit documents

“2. (1) A party may request another party in the same proceedings to admit any document by notice in accordance with Form 28 in the First Schedule.

“(2) If, after being given a notice to admit documents, a party does not admit a specified document in accordance with the notice, the costs of proving that document shall be paid by that party irrespective of the outcome of the relevant proceedings.

“(3) Subrule (2) does not apply if the Court certifies that the failure to admit the document was reasonable.

“(4) No costs of proving a document shall be allowed against a party unless—

        (a)     a notice to admit documents in relation to the document is given to the party; or

        (b)     if no such notice is given—the taxing officer considers that the omission to give such a notice is a saving of expense.

“(5) In this rule—

‘notice to admit documents' means a notice under subrule (1).

Notice to admit facts

“3. (1) A party may request another party in the same proceedings to admit any fact by notice—

        (a)     in accordance with Form 29 in the First Schedule; and

        (b)     given to the other party no later than 14 days after the date fixed for determining the trial date.

“(2) A party given a notice to admit facts may admit any facts specified in that notice by an admission—

        (a)     in accordance with Form 30 in the First Schedule; and

        (b)     given to the other party within 7 days after receiving the notice to admit facts, or within such further time as the Court allows.

“(3) If a party does not, by an admission of facts, admit a fact specified in a notice to admit facts given to that party, the costs of proving that fact shall be paid by that party irrespective of the outcome of the relevant proceedings.

“(4) Subrule (3) does not apply if—

        (a)     the Court certifies that the failure to admit the fact was reasonable; or

        (b)     the Court otherwise orders or directs at any time.

“(5) The Court may at any time allow a party to amend or withdraw any admission made under this rule, on just terms.

“(6) An admission of a fact under this rule operates only—

        (a)     for the purposes of the proceedings in which the fact is admitted; and

        (b)     in favour of the party giving the relevant notice to admit facts.

“(7) In this rule—

‘admission of facts' means an admission under subrule (2);
‘notice to admit facts' means a notice under subrule (1).”.

Substitution


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