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COURT PROCEDURES AMENDMENT RULES 2016 (NO 3) (NO 33 OF 2016)
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 2016 (No 3).
Default
Judgment
Rule 1120 and Form 2.35 Default Judgment have been amended to
require more clarity in quantifying the interest and costs claimed, and to avoid
the problems which have arisen with the registration of such judgments in other
jurisdictions.
Court of Appeal
The details about documents and
appeal papers to be filed in the Court of Appeal have been substantially removed
from the rules and have been updated and formulated into Practice Direction 1 of
2016.
The amendments to the requirements for the filing of appeal papers,
now incorporated into the new Practice Direction, have been designed in an
effort to lessen the amount of unnecessary documents being included in appeal
books, focusing on relevance and those documents and authorities being referred
to in written submissions.
Parties in Court of Appeal matters will need
to refer to both the Rules and Practice Direction 1 of 2016.
The
rules will commence on 1 January 2017.