Australian Capital Territory Repealed Regulations

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This legislation has been repealed.

SUPREME COURT RULES 1937


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of rules  
   4.      Definitions for rules  
   5.      Certain references to Act or the Act  
   6.      Terms defined in Supreme Court Act  
   7.      References to forms by number  
   8.      Use of seals  
   9.      Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on  
   10.     Disposal of subpoenaed documents and things produced  
   11.     Costs and expenses of compliance with subpoena  
   12.     Failure to comply with subpoena—contempt of court  
   13.     Documents and things in custody of court  
   14.     Banker's books  
   15.     Application of o 1AA—subpoena under Commercial Arbitration Act  

   PART 2--CIVIL JURISDICTION

           Division 2.1--Procedure on originating application

   16.     Filing and sealing of originating applications  
   16A.    Rejection of certain originating applications  
   17.     Further sealed copies  
   18.     Authorisation for service  
   18A.    Personal service of originating applications generally required  
   18B.    Service of application to recover unoccupied land  
   18C.    Defendant taken to be served by entering appearance  
   18D.    Service on partners sued in firm name  
   19.     Cause book  
   20.     Solicitor's declaration as to filing  
   21.     Directions hearings  
   22.     Interlocutory hearings  

           Division 2.2--Duration and renewalof originating applications

   23.     Duration of originating applications  
   24.     Renewal for good cause  
   25.     Renewal to avoid statute-bar  
   26.     Endorsement of renewal  

           Division 2.3--Inactive cases

   27.     List of inactive cases  
   28.     Entry on list—7 months after commencement of action  
   29.     Entry on list—4 months after renewal of originating  
   30.     Removal from list  
   31.     Dismissal of action following entry on list  

           Division 2.4--Evidence

   32.     Sealing of originating applications  
           PARTIES

           Division 19.1--Generally

           Division 19.2--People with legal disability

           Division 19.3--Administration and execution of trusts

   37.     Heir-at-law, next of kin, class  
   37A.    Power to appoint persons to represent absent parties  
   38.     Residuary legatees or next of kin  
   39.     Legatees where legacy charged on real estate  
   40.     Residuary devisee  
   41.     Beneficiaries  
   42.     Waste  
   43.     Executors etc  
   44.     Conduct of action  
   45.     Notice of judgment to be given  
   46.     Order to attend unnecessary  
   47.     Entry of memorandum of service  
   48.     Notice of judgment  
   49.     Service of notice on person with a legal disability  
   50.     Heir-at-law not necessary party  
   51.     Procedure where no personal representative  
   52.     Parties to administration proceedings  

           Division 34.1--Definitions for order 34

           Division 34.2--Disclosure of documents

           Division 34.3--Production and inspection

           Division 34.4--Interrogatories

           Division 34.5--Who may verify list of documents or answers to interrogatories?

           Division 34.6--Penalty provisions

           Division 39.1--General

           Division 39.2--Taking evidence at trial from outside ACT by audiovisual link or audio link

           Division 39.3--Taking evidence otherwise than at trial—examination of witnesses within Australia

           Division 39.4--Taking evidence otherwise than at trial—outside Australia

           Division 39.5--Taking evidence for interstate and foreign courts and tribunals

           Division 39.7--Perpetuating testimony

           Division 39.8--Disclosure of experts' reports and hospital reports

           Division 39.8A--Appointment of medical expert for Civil Law (Wrongs) Act

           Division 39.9--Evidence of expert witnesses

           Division 40.1--Affidavits generally

           Division 40.2--Trial on affidavit

           Division 52.1--Interlocutory orders as to mandamus, injunctions, interim preservation of property etc

           Division 52.2--Receivers

           Division 52.3--Accounts

           Division 54.1--Preliminary

           Division 54.2--Interlocutory or other applications in proceedings already begun

           Division 54.3--Originating motions

           Division 54.4--Motions—generally

           Division 55.1--General

           Division 52.2--Certiorari

           Division 55.3--Mandamus

           Division 55.4--Prohibition

           Division 55.5--Quo warranto

           Division 55.6--Habeas corpus

           Division 58.1--Administration and trusts

           Division 58.2--Assistance of experts

           Division 58.3--Proceedings relating to people with a legal disability

           Division 58.4--Documents to be left at chambers

           Division 58.5--Summonses to proceed

           Division 58.6--Attendances

           Division 58.7--Claims of creditors and other claimants

           Division 58.8--Claims of creditors

           Division 58.9--Claims of persons other than creditors

           Division 58.10--Interest

           Division 58.11--Certificates of registrar

   53.     Where accounts are directed  
   54.     Taking of judge's opinion  
   55.     When certificate becomes binding—application to discharge or vary it  
   56.     Discharge or variation of certificate after lapse of any time  

           Division 58.12--Further consideration

   57.     Further consideration  

           Division 58.13--Registering and drawing up of orders in chambers

   58.     Notes of proceedings  
   59.     Drawing up orders in chambers  

           Division 65.1--Costs generally

           Division 65.2--Special allowances and general regulations

   60.     Costs of scientific witnesses  
   61.     Discretionary fees  
   62.     Power to taxing officer to assess costs at a gross sum  
   63.     Disallowances where bill reduced by a 6th  
   64.     Party dissatisfied with taxation may object  
   65.     Taxing officer may review taxation  
   66.     Party dissatisfied with taxing officer may apply to judge  
   67.     Evidence  
   68.     Retainer of counsel  
   69.     Conferences  
   70.     Allowances of 2 junior counsel  
   71.     Refreshers  
   72.     Brief where cause not tried  
   73.     Where set down again after being struck out  
   75.     Counsel's fees  
   77.     Of affidavit of discovery  
   78.     Delay before taxing officer  
   79.     Where costs out of fund bill to be sent to clients  
   80.     Taxing officer may limit or extend time  
   81.     Indorsement of name and address of solicitor  
   82.     Appeal to judge  
   83.     Fees to barristers and solicitors  

           Division 66.1--Style

           Division 66.2--Refusal to accept documents for filing

           Division 66.3--Inspection

   PART 3--ADMINISTRATION AND PROBATE JURISDICTION

           Division 72.1--Preliminary

           Division 72.2--Application for representation

           Division 72.3--Administration during minority

           Division 72.4--Small estates

           Division 72.5--Administration bonds

           Division 72.6--Delay in application

           Division 72.7--Citations

           Division 72.8--Sale and management of real estate

           Division 72.9--Inventory and accounts

           Division 72.10--Caveats

           Division 72.11--Revocation of representation

           Division 72.12--Administration by public trustee

           Division 72.13--Miscellaneous

   PART 4--FOREIGN JUDGMENTS

   PART 5--ADOPTION JURISDICTION

           Division 76.1--Preliminary

           Division 76.2--Adoption orders

           Division 76.3--Orders for dispensing with consent to adoption

           Division 76.4--Variation of adoption orders

           Division 76.5--Discharge of interim orders and adoption orders

           Division 76.6--Access to identifying information

           Division 76.7--General procedures

   PART 6--PROCEEDINGS UNDER JURISDICTION OF COURTS (CROSS-VESTING) ACT 1993

   PART 7--DISPUTED ELECTIONS AND QUESTIONS REFERRED BY LEGISLATIVE ASSEMBLY--ELECTORAL ACT 1992

           Division 79.1--Preliminary

           Division 79.2--Disputed elections

           Division 79.3--Questions referred by Legislative Assembly

           Division 79.4--Miscellaneous

   PART 8--CRIMINAL JURISDICTION

           Division 80.1--Preliminary

           Division 80.2--Dispensing with compliance—criminal proceedings

           Division 80.3--Application of pt 2 to criminal proceedings

           Division 80.4--Service in criminal proceedings

           Division 80.5--Representation in criminal proceedings

           Division 80.6--Bail

           Division 80.7--Pre-trial procedure

           Division 80.8--Pre-trial applications

           Division 80.9--Criminal proceedings—other provisions

   PART 9--REGISTRATION OF FOREIGN FORFEITURE ORDERS

   PART 10--REGISTRATION OF INTERSTATE FORFEITURE ORDERS

   PART 11--MATTERS ARISING UNDER EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 (CWLTH)

           Division 83.1--Preliminary

           Division 83.2--Service of subpoena in New Zealand

           Division 83.3--Failure to comply with subpoena

           Division 83.4--Setting aside subpoena

           Division 83.5--Evidence by videolink or telephone

           Division 83.6--Fax copies

   PART 12--APPEALS

           Division 86.1--Interpretation for order 86

           Division 86.2--Leave to appeal from interlocutory judgments of court

           Division 86.3--Leave to appeal out of time from final judgments of court

           Division 86.4--Appeals from court

           Division 86.5--Certain convictions and sentences

              Subdivision 86.5.1--Preliminary

              Subdivision 86.5.2--Leave to appeal out of time against certain convictions and
              sentences—convicted person

              Subdivision 86.5.3--Leave to appeal out of time against sentence—director of public
              prosecutions

              Subdivision 86.5.4--Additional rules for appeals against certain convictions and
              sentences

              Subdivision 86.5.5--Certain convictions and
              sentences—miscellaneous

           Division 86.6--Cases stated or questions reserved

           Division 86.7--Reference appeals following acquittals on indictment

           Division 86.8--Written cases

   84.     Form of written case  
   85.     Inspection of written cases  

           Division 86.9--Miscellaneous

   86.     Service for o 86 generally  
   87.     Power to amend proceedings in court below  
   88.     Expediting appeals  
   89.     Directions by Court of Appeal and registrar about appeal etc  
   90.     Want of prosecution of appeal  
   90A.    When court may be constituted by single judge—Supreme Court Act 1933,  
   90B.    Jurisdiction that may be exercised by single judge—Supreme Court Act 1933, s 37J  
   91.     Judgments—accidental slips or omissions  

   PART 13--APPLICATIONS UNDER ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989

   PART 14--ARBITRATION AND REFEREES

           Division 88.1--Awards

           Division 88.2--Master
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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