Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT) 1991 NO. 251

EXPLANATORY STATEMENT

Statutory Rules 1991 No. 25l

Issued by the Authority of the Judges of the Supreme Court of the Australian Capital Territory

AMENDMENT OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

These amendments are of several kinds.

1.       Orders 75A and 75B are amended

(i)       to provide for the Master to exercise concurrently with the Registrar the jurisdiction now exercised by the Registrar under the Corporations Act 1989 and

(ii)       to incorporate amendments made by the Federal Court to its Corporation rules. The Supreme Court Corporation rules are, as far as practicable, uniform with those of the Federal Court.

2.       Order 61A rule 1.01 (ea) is introduced to extend the exercise of the jurisdiction of the Court by the Master where leave of the Court is obtained and the parties consent to a matter being heard by the Master.

3.       The amendment to order 39 rule 32A affects medical experts who are required to give evidence in a matter before the Court. The amendment makes clear that a subpoena to give evidence must be served not later than six weeks before the hearing date. A subpoena to produce documents must be served not later than 14 days before the required date of production.

4.       Order 66 has been substituted to provide for a form of documentation similar to that used by the Federal Court, obviating the need for a backsheet on each document filed and allowing for identification of a party at the foot of the first page of the document. Other minor amendments to the form of a document are also included.


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