Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 31 OF 1997) - REG 6

6. Rule 1 of Order 37 of the Principal Rules is repealed and the following rules are substituted:

Interpretation

“1A. (1) In this Order—

‘party having carriage of the proceeding', in relation to a proceeding from which a case is to be stated for the consideration of the Court, means—

        (a)     the party initiating the request for the case to be stated; or

        (b)     if the case is to be stated on referral by a Tribunal of its own motion—the person or body who made the decision to which the proceeding before the Tribunal relates;

‘Tribunal' means a tribunal, court, body or person (including the Supreme Court itself) from which a case may be stated for the consideration of the Supreme Court.

“(2) In this Order, a reference to a case stated for the consideration of the Court includes a reference to a question of law reserved by or referred to the Court for consideration.

Application

“1B. This Order applies to any case stated for the consideration of the Court from proceedings in a Tribunal.

Special case

“1. (1) A case to be stated for the consideration of the Court shall be in the form of a special case.

“(2) A special case shall—

        (a)     be divided into consecutively numbered paragraphs;

        (b)     state the facts concisely; and

        (c)     have annexed all documents necessary to enable the Court to decide the questions raised by the special case.

“(3) The Court may draw from the facts stated and the documents annexed any inference, whether of fact or law, which might have been drawn from them if proved at a trial.”.

Substitution


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