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AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 - SECT 28

Rules of Court

  (1)   The Judges appointed under subsection   ( 1) of section   7 or any two of those Judges may make Rules of Court, not inconsistent with this or any other Act, with regulations under this or any other Act or with any Ordinance:

  (a)   for regulating and prescribing:

  (i)   the practice and procedure, including the method of pleading, to be followed in the Supreme Court and in the offices of the Court; and

  (ii)   all matters and things incidental to or relating to any such practice and procedure or necessary or convenient to be prescribed for the conduct of any business of the Court;

  (b)   for prescribing any matter or thing that is, by any law of the Commonwealth or of the Territory that makes provision for the incorporation of, and otherwise in relation to, companies, required or permitted to be prescribed by regulation under that law;

  (c)   for prescribing the qualifications for the admission of persons to practise as barristers and solicitors of the Supreme Court; and

  (d)   for prescribing any matter or thing that is, by this Act or by any Ordinance or enactment, required or permitted to be prescribed by Rules of Court.

  (2)   In particular the Rules of Court may provide:

  (a)   for the places of sitting of the Court;

  (b)   for the service and execution of the process of the Court includin g the manner in which and the extent to which the process of the Court may be served a nd executed out of the jurisdiction of the Court;

  (c)   for the execution of the judgments of the Court;

  (d)   for the service and execution in the Territory, in accordance with any treaty or convention to which the Commonwealth is a party, of the process of any Court of a State or of a Territory or of any foreign Court;

  (e)   for the issue by the Supreme Court of letters of request for the service in any foreign country of any process of the Supreme Court;

  (f)   for regulating any matters relating to the costs of proceedings in the Court; and

  (g)   for regulating the means by which particular facts may be proved and the mode in which evidence thereof may be given in any proceedings, or on any application in connexion with, or at any stage of, any proceedings.

  (3)   Sections   48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to Rules of Court.



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