South Australian Current Acts

SUPREME COURT ACT 1935 - SECT 72

72—Rules of court

        (1)         Rules of court may be made under this Act by any three or more judges of the Supreme Court for any of the following purposes:

            (a)         for regulating the sittings of the court, and of the judges sitting in chambers and the vacations to be observed by the court and the officers of the court;

            (b)         regulating the practice and procedure of the court (including in its appellate jurisdiction);

            (c)         for imposing mutual obligations on parties to proceedings in the court to disclose to each other the contents of expert reports or other material of relevance to the proceedings before the proceedings are brought to trial;

            (d)         for regulating any matters relating to the referral of a proceeding or issues arising in a proceeding to a mediator or arbitrator, the conduct of mediations or arbitrations or the referral of questions for investigation and report by an expert (whether appointed under section 67 or otherwise);

            (da)         for regulating the making of bail applications, including limiting the making of bail applications to the court in circumstances where the application may be made to another court;

            (e)         for regulating and directing the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings, or at any stage of the proceedings, and in relation to the purposes aforesaid for allowing examinations, affidavits, or depositions to be read at any trial or hearing, or in any cause or matter, or allowing secondary evidence to be given, and for providing that the court or a judge may give special directions or make special orders in relation to any of the matters aforesaid;

            (ea)         for empowering the court—

                  (i)         to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the court; and

                  (ii)         to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and

                  (iii)         if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party;

            (f)         for empowering Associate Justices or judicial registrars to do any such thing and to transact any such business and to exercise any such authority and jurisdiction in respect of the same, including the jurisdiction to refer a bill of costs for adjudication, or to refer any other matter to an Associate Justice, as by virtue of any statute, custom, or rule or practice of court may be done, transacted, or exercised by a judge;

            (g)         for regulating any matters relating to the business, authority and jurisdiction that may be transacted or exercised by the Associate Justices or judicial registrars;

            (h)         for regulating the duties of the officers of the court and the costs of proceedings therein (including the costs to be allowed to practitioners of the court in respect of business transacted in the court or the offices thereof), and the conduct of any business coming within the cognizance of the court, for which provision is not expressly made by any Act;

                  (i)         for conferring on the registrar or other member of the non-judicial staff of the court the power to adjudicate costs;

            (j)         for regulating the admission of barristers, solicitors, attorneys, and proctors of the court;

            (k)         and generally for any purpose mentioned in this Act or for carrying its provisions into effect.

        (2)         The power to make rules conferred by this section shall be deemed to include power to make rules in respect of any jurisdiction conferred upon the court or a judge thereof by any Act whenever passed.

        (3)         Where any provisions in respect of the practice or procedure of the court are contained in this or any other Act of Parliament, or in general orders or rules made under the authority of any Act, rules of court may be made for modifying such provision to any extent that may be deemed necessary.

        (4)         Rules of court made under this section take effect from the date of publication in the Gazette or some later date specified in the rules.