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SUPREME COURT AMENDMENT RULES 2002 (NO 2) (NO 24 OF 2002)
EXPLANATORY STATEMENT
Supreme Court Amendment Rules 2002 (No
2)
Subordinate Law SL2002-24
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 Orders 39 and
40 of the Supreme Court Rules and introduce a form of affidavit.
The
amendment to Order 39 rule 24H introduces a requirement for an application for
an order, relating to the taking of evidence for interstate and foreign courts
and tribunals, to be made by motion.
The balance of the rules amendment
deals with amendments to Order 40, dealing primarily with the form of affidavits
generally (Order 40 rule 2), annexures to affidavits (a new Order 40 rule 4 (1A)
and (1B)) and exhibits to affidavits (Order 40 rule 4 (4) and (5)).
New
forms are introduced, prescribing a form of affidavit, a form of annexure clause
and a certificate identifying an exhibit.