Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 31 OF 1997) - REG 8

Directions hearings

“6. After a special case is filed under paragraph 3 (e), the Registrar shall—

        (a)     set down the special case for a directions hearing; and

        (b)     notify each party of the date appointed for the directions hearing.

Insufficient statement of case

“6A. (1) This rule applies where it appears to the Court that a special case filed under paragraph 3 (e) does not state the facts and documents sufficiently to enable the Court to decide the questions arising, or otherwise to hear and determine proceedings on the special case.

“(2) Where this rule applies, the Court may—

        (a)     with the consent of each party, amend the special case;

        (b)     send the special case back to the party having carriage of the proceedings from which the special case was referred for that party to amend the special case in a manner specified by the Court; or

        (c)     in relation to civil proceedings only—receive evidence, make findings of fact, and amend the special case accordingly.”.

Repeal