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COURT PROCEDURES AMENDMENT RULES 2012 (NO 2) (NO 43 OF 2012)
The Rule-Making Committee (currently comprising
the Chief Justice, Justice Refshauge, Chief Magistrate Walker and Magistrate
Campbell) 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.
The Courts and the Joint Rules Advisory Committee have conducted a
consultative review of the rules which has resulted in the amendments contained
in the Court Procedures Amendment Rules 2012 (No 2).
Rule 1205 has
been amended to enable the court to give directions about the payment of costs,
or for a party to give security, in relation to the remuneration of a
court-appointed expert witness.
Rule 1241 and the rules on pre-trial
procedures in Division 2.13.1 and the rules on directions in civil matters in
Division 2.14.1 have been amended to ensure consistency with the docket system
in the Supreme Court while still recognising and providing for the differences
in procedures between the Supreme and Magistrates Courts resulting from the
introduction of the docket system. A new division 2.13.2 has been created for
pre-trial procedures that now only apply to the Magistrates
Court.
Division 4.3.4 relating to Supreme Court pre-trial procedures in
criminal matters has also been amended to reflect the changes in procedure due
to the introduction of the docket system. The Registrar has been given the
power to make directions in criminal matters under rules 4732 and 4733, as
amended, and the new general directions rule 4738.
A new part 4.4 has
been introduced dealing with forensic proceedings under the Crimes (Forensic
Procedures) Act 2000, including the application of certain civil and
criminal rules to a forensic proceeding, the filing and service of an
application to carry out a forensic procedure, and costs in forensic
proceedings.
Part 6.2A introduces rules on proceedings in the Supreme
Court to which the Human Rights Act 2004 applies, including requirements
regarding the notice to the Attorney-General and the Commission, and the
procedures for the intervention of the Human Rights Commissioner. New rules
407A and 407B provide new pleading rules in human rights proceedings, requiring
details on the particular human right being relied on and, if section 40C of the
Human Rights Act applies, the particular human right allegedly breached
by the public authority and details of the alleged breach, and details of the
relief sought.
A new part 6.2B introduces rules on procedures for the
intervention of the Attorney-General in proceedings under the Administrative
Decisions (Judicial Review) Act 1989, the Court Procedures Act 2004
or the Human Rights Act 2004.
Recent amendments to the
Corporations Act 2001 (Cth) and the Corporations Regulations
require the publication of notices (such as in winding up applications) in an
electronic communication to ASIC for publication on a website maintained by ASIC
for publishing notices. Schedule 6 has been amended so as to ensure that the
rules are consistent with the amendments to the Corporations legislation.
A number of consequential minor amendments have also been made.
The rules will commence on 1 January 2013.