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COURT PROCEDURES AMENDMENT RULES 2014 (NO 2) (NO 9 OF 2014)
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 2014 (No 2).
Rule 53, which sets
out the contents of the statement of claim for employment, death and personal
injury claims, has been amended to include a new paragraph 53(2)(g) to require
a statement as to which jurisdiction the plaintiff claims to be the Territory
or State of connection for the purposes of s182D of the Workers Compensation Act
1951. Similarly, the relevant prescribed statement of claim Form 2.4
(Statement of claim – employment death or personal injury) has also been
amended to add a new paragraph 8 stating that The plaintiff contends that the
Territory or State of connection for the purposes of s182D of the Workers
Compensation Act 1951 applicable to this claim is: [set out Territory or
State]. The effect of s182D of the Workers Compensation Act is to apply the
same law to the assessment of damages as applies to the workers compensation
entitlements. The inclusion of a statement to that effect in the
plaintiff’s statement of claim will ensure that the plaintiff has
considered the issue and the defendant is on notice of the requirement to plead
relevant facts if it disagrees with the plaintiff’s contention (see
Ruskic v Greenwich Contractors Pty Limited [2013] ACTSC 263).
The
rules under Part 3.11 - Legal Profession have been amended and new rules
introduced, to provide for more comprehensive rules in relation to admission to
the legal profession. These rules provide a mechanism for the approval of
academic institutions and practical legal training providers, and the monitoring
and review by the admissions board of the relevant courses of study. The new
rules also establish a requirement for notice to be given to the admissions
board by the approved institutions of any material change to the curriculum for
an approved course of study.
Amendments to Rules 6250 and 6251 give power
to the Supreme Court registrar and the Magistrates Court registrar to bring
detainees before the Court in civil proceedings. A further amendment to Rule
6251 gives the Magistrates Court registrar power in relation to subpoenas for
production under the Domestic Violence and Protection Orders Regulation
2009
.
The rules will commence on 1 July 2014.