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COURT PROCEDURES AMENDMENT RULES 2015 (NO 2) (NO 22 OF 2015)
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 2015 (No 2).
The Courts
Legislation Amendment Act 2015 makes a number of amendments to the
Supreme Court Act 1933 and the Court Procedures Act 2004
including:
Ø a requirement that
appeals from interlocutory orders of the Master be heard by the Court of
Appeal;
Ø changing the title of the Master
of the Supreme Court to Associate Judge;
Ø abolishing the role of President of the Court of
Appeal; and
Ø a requirement for pre trial
disclosure of expert evidence in criminal matters.
A number of consequential
amendments to the rules and to approved forms have been made in response to the
introduction of the amending Act, including amendments to part 5.2 and part 6.4
in relation to the change in the title of the Master. The power of the Registrar
of the Supreme Court to waive (under s.79E) any of the pre-trial disclosure
requirements under Division 8.3 of the Court Procedures Act 2004 is now
included in the Registrar’s powers in rule 6250.
Further
consequential amendments have been made throughout the rules and to approved
forms in response to the introduction of Supreme Court Practice Direction 2 of
2014 and Magistrates Court Practice Direction 2 of 2014 which apply to
proceedings commenced by originating claim. These amendments include the repeal
of the Certificate of Readiness approved form and deleting reference to the
certificate in the rules and amending the timeframes for the filing of documents
and expert reports previously aligned with the filing of the Certificate of
Readiness. Rule 1241 has been amended to provide for expert reports to be
served in accordance with any direction made by the Court.
New rule 1605A
clarifies the requirement to express the full terms of an order (rather than its
shortened form or as the “usual order”) when the order is entered or
filed in the proceeding.
The power of the Registrar of the Magistrates
Court to secure the presence of persons under the Crimes (Forensic
Procedures) Act 2000, ss. 37, 77A(2) and 77B and the Crimes
(Sentence Administration) Act 2005, s.106, is now included in the
Registrar’s powers in rule 6251.
2
Rule 6300 has been amended in respect of the opening hours of the courts
registry to specifically exclude the period that falls between 26 December in a
year and 1 January in the following year.
Division 6.10.3 –
Exchange of correspondence before making application in proceeding – which
includes rule 6745, has been omitted from the rules.
The rules will
commence on 1 July 2015.