Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT) 1991 NO. 416

EXPLANATORY STATEMENT

Statutory Rules 1991 No. 416

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 insert a new Order 83 which provides for the practice and procedure of the Court when exercising jurisdiction under the Commercial Arbitration Act 1986 of the Australian Capital Territory.

Order 83 is divided into 3 Divisions as follows:

Division 1 - Awards - This Division provides for the manner in which proceedings under the Act may be commenced, the procedure for an appeal under section 38 of the Act (Judicial review of awards) or an application under section 39 of the Act (Determination of preliminary point of law by Court), time limits for an appeal or an application, examination of witnesses, the making of interlocutory orders and the enforcement of awards.

Division 2 - Court-appointed Referees - This Division provides for the referral by the Court of proceedings under the Act to a court-appointed referee, the conduct of proceedings under a reference, the report of a referee, a referee's remuneration and court provided facilities to assist with a reference.

Division 3 - Master - This Division sets out the powers and functions of the Court under the Act that may be exercised by the Master.


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