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COURT PROCEDURES AMENDMENT RULES 2009 (NO 3) (NO 56 OF 2009)
The Rule-Making Committee (currently comprising the Chief Justice,
President Gray, Justice Refshauge, the Acting Chief Magistrate and Magistrate
Burns) may make rules in relation to the practice and procedure of ACT courts
and their registries pursuant to section 7 of the Court Procedures Act 2004.
From the time of commencement of the Court Procedures Rules 2006,
the Courts and the Joint Rules Advisory Committee have conducted a continuous
and consultative review of the rules. This process has resulted in the attached
Court Procedures Amendment Rules 2009 (No 3).
In addition to some
minor amendments, new subrules have been introduced under rule 76 (Reinstating
dismissed proceeding) (subrules 2A and 2B) to provide for a proceeding that has
been dismissed under rule 76(2) to be reinstated if, before the end of 1 year
after the day the proceeding is dismissed, a party files any document in the
proceeding.
New rules have also been introduced, and an amendment to
Form 5.1 (Appeal from Master or Registrar – notice of appeal), requiring
the setting out of the grounds of an appeal in a notice of appeal, appealing
from an interlocutory decision of the Master (rule 5013(1)(ea)). In an appeal
from the Registrar, it is not necessary to set out the grounds of the appeal in
the notice of appeal (rule 5013(2)).
New rules set out the procedure
for the referral of appeals to the Supreme Court by the ACAT appeal president,
and the procedure in the Supreme Court following the referral (new division
5.3.3A).
The rules relating to the service of subpoenas and the service
of notices instead of subpoenas on medical experts have been amended so that
those rules also apply to members of the ACT Ambulance Service (division 6.8.8).
A medical expert and a member of the ACT Ambulance Service are both defined as a
“special witness”. A subpoena is taken to be served personally on a
special witness if served at the witness’ practice or work place in
accordance with rule 6482(1). A subpoena requiring a special witness to give
evidence must be served at least 6 weeks before the hearing date (rule 6482(2)),
unless leave is given under rule 6482(3) or (8). Rule 6483 provides for a
notice to be served requiring the special witness’ attendance, instead of
serving a subpoena. This notice must also be served at least 6 weeks before the
hearing date.
Rule 6610 – Disposal of subpoenaed documents and
things produced – has been amended so as to provide for a requirement for
the issuing party of a subpoena to produce, to attach a new form (Form 6.10A
– Subpoena – declaration by addressee) to the front of a subpoena to
be served on an addressee. The addressee must complete the form and attach it
to the documents produced to the Court. The form requires a declaration by the
addressee as to whether the documents produced are copies and whether they can
be destroyed by the Court when no longer required.
New rule 6615
introduces a procedure for an application for leave under the Service and
Execution of Process Act 1992 (Cwlth), section 57, to serve a subpoena
issued by ACAT, outside the ACT. New forms 6.23 (Affidavit in support of
application to serve ACAT subpoena outside ACT) and 6.24 (Order to serve ACAT
subpoena outside ACT) have been introduced.
A number of court forms have
been amended to improve their operation within the working environment of the
courts. In the Magistrates Court, warrant forms have been enhanced to make them
more user-friendly and also to ensure that they are compliant with the Human
Rights Act 2004. Form 2.13 (Notice claiming contribution or indemnity) has
also been improved in line with suggestions from the profession.