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SUPREME COURT AMENDMENT RULES 2003 (NO 4) (NO 48 OF 2003)
SUPREME COURT AMENDMENT RULES 2003 (No
4)
Subordinate Law SL2003-48
Issued by the Authority
of the Judges of the
Supreme Court of the Australian Capital
Territory
The resident Judges of the Court (of whom there are currently four,
including the Chief Justice) or any two of the resident Judges, may make Rules
of Court regulating the practice and procedure of the Court pursuant to section
36 of the Supreme Court Act 1933.
These rules amend the Supreme Court
Rules:
• To provide for a conditional appearance – an
appearance by which the defendant or respondent reserves the right to argue that
the Court lacks jurisdiction, or that the proceeding is irregular, or that for
some other reason the Court should not hear and determine the proceeding and
that, therefore, the Court ought to set aside the originating process or its
service or order a stay of the proceedings.
Matters of jurisdiction can
then be dealt with at an early stage.
• Unless an application is
filed within 14 days the conditional appearance has the effect of an
unconditional appearance
• To prescribe a form of Notice of
Objection to competency and provide for its service.