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SUPREME COURT AMENDMENT RULES 2002 (NO 3) (NO 27 OF 2002)
EXPLANATORY STATEMENT
Supreme Court Amendment Rules 2002 (No
3)
Subordinate Law 2002 No 27
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 (“the
amendment rules”) amend the Supreme Court Rules by introducing a new Order
86 which regulates the practice and procedure with respect to appeals to the ACT
Court of Appeal, and by making several consequential amendments to existing
Rules, including Order 84 (Appeals to the Supreme Court other than to the Court
of Appeal).
The Supreme Court is known as the Court of Appeal when
exercising its appellate jurisdiction under Part 2A of the Supreme Court Act
1933. The ACT Court of Appeal was created pursuant to S.37E of the
Supreme Court Act 1933 (as amended by the Supreme Court Amendment Act
2001(No. 2)).
The Jurisdiction of Courts Legislation Amendment
Act 2002 (C’wth), which amends the Federal Court of Australia Act
1976 by removing the appellate jurisdiction of the Federal Court in relation
to appeals from the ACT Supreme Court, was passed by the Federal Parliament on
22 August 2002.
The relevant provisions of this Act commence on 14
October 2002, the same day as which, the yet uncommenced provisions of the
Supreme Court Act 1933 (s.37E(2)(a)(ii), (b) and (4); s.37Q and s.37S)
will come into effect, enabling the Court of Appeal to exercise its full general
appellate jurisdiction, including the hearing of appeals from final and
interlocutory judgments (in both criminal and civil matters) of single judges of
the Supreme Court.
The amendment rules will also commence on this
day.
The Jurisdiction of Courts Legislation Amendment Act 2002
(C’wth) contains transitional provisions which provide for the
transfer of all ACT Supreme Court appeals from the Federal Court to the ACT
Court of Appeal upon commencement of the Act, except those matters in which the
substantive hearing of the appeal has already commenced in the Federal
Court.
- 2 -
The amendment rules relating to the Court of Appeal are based on
the Federal Court Rules which regulate appeals and set out the procedure to be
followed for civil and criminal matters. Separate Divisions regulate the
procedure for applications for leave to appeal from interlocutory judgments as
required by section 37E(4) of the Supreme Court Act 1933, for
applications for leave to appeal out of time from final judgment, for appeals,
for cases stated by the Supreme Court and reference appeals under section 37S of
the Supreme Court Act 1933. Special Divisions provide rules for criminal
appeals, simplifying the procedure, and for appeals to be disposed of entirely
on written submissions. The Amendment rules also insert necessary appellate
forms as Forms 6.4 to 6.14 Schedule 1. Some minor amendments are listed in
Schedule 2, particularly in relation to Order 84.