Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT) 1991 NO. 108

EXPLANATORY STATEMENT

Statutory Rules 1991 No. 108

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.       Sub-rule 1(1) of Order 5, rule 2 of Order 5 and rule 4 of Order 13 are amended to require an address for service no more than 10 kilometres from the Court house. The previous requirement was that the address be no more than 5 kilometres from the Court house. The amendment takes into account the urban development in Canberra since the rules were first made.

2.       Sub-rule 4(2) is introduced in Order 13 to facilitate service of documents through another postal facility, the Document Exchange, and also by facsimile.

3.       Order 65 rule 58 is redrafted to provide a mechanism whereby a party against whom an order for costs has been made can, at any time after that order has been made and no later than 14 days before a bill is set down for taxation, tender a sum of money in settlement of that order. In some circumstances this will obviate the need for a bill to be drawn in taxable form thus reducing the costs of the party in whose favour the order has been made.

4.       Rule 11 is introduced in Order 66 to require personal signature by a solicitor on court documents rather than engrossment of the firm name under which the solicitor practices.

5.       Rule 12 is introduced in order 66 to formalise the right of a person who is not a party to proceedings to inspect documents on court files. This rule has been introduced to protect the privacy of parties in proceedings.

6.       Rule 2 of Order 67 is amended to provide for service of documents in appropriate cases through the Document Exchange and by facsimile transmission in addition to prepaid post or delivery to the address for service. This amendment takes into account the wide acceptance of the facsimile means of communication and the establishment of the Document Exchange. A similar mode of service is provided for in the Federal Court.

7.       As a consequence of the above amendments variations to the forms in Schedule 1 are provided.


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