588Rules

588 Rules S. 588(1) substituted by No. 50/2009 s. 19. (1) The President together with 2 or more magistrates for the Court may jointly make rules of court for or with respect to— (a) the prescription of forms for the purposes of the Family Division of the Court; S. 588(1)(b) amended by No. 8/2016 s. 17(1). (b) judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences; S. 588(1)(ba) inserted by No. 1/2022 s. 123. (ba) any matter relating to the jurisdiction of the Family Division of the Court given by section 515(4); S. 588(1)(c) inserted by No. 8/2016 s. 17(2). (c) generally any matter relating to the practice and procedure of the Family Division of the Court. S. 588(1A) inserted by No. 68/2009 s. 84(1). (1A) The President together with 2 or more magistrates for the Court may jointly make Rules for or with respect to— (a) prescribing forms for the purposes of the Criminal Division of the Court; S. 588(1A)(ab) inserted by No. 32/2024 s. 787(1). (ab) providing for specialist lists for classes of proceedings in the Criminal Division of the Court; (b) generally any matter relating to the practice and procedure of the Criminal Division of the Court. S. 588(1AAB) inserted by No. 8/2016 s. 17(3). (1AAB) The President together with 2 or more magistrates for the Court may jointly make rules of court for or with respect to— (a) the form in which process may be issued out of the Court and the manner in which it may be authenticated, stored, transmitted or otherwise dealt with; (b) the manner in which orders may be authenticated; S. 588 (1AAB)(ba) inserted by No. 33/2018 s. 57. (ba) electronic communication and electronic processes, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any proceeding; and (ii) the transmission and issuing of orders, processes and other documents by electronic communication; and (iii) use of electronic signatures and seals; (c) the storage, disposal or destruction of documents— S. 588 (1AAB)(c)(i) amended by No. 26/2023 s. 58. (i) filed or lodged in proceedings in the Court; or (ii) issued out of the Court in proceedings in the Court and kept by the principal registrar. S. 588(1B) inserted by No. 34/2010 s. 40, renumbered as s. 588(1AB) by No. 29/2011 s. 3(Sch. 1 item 9.1), amended by No. 8/2016 s. 17(4). (1AB) The President together with 2 or more magistrates for the Court may jointly make rules of court for or with respect to— (a) the prescription of the proceedings or class of proceedings which may be dealt with by the Court constituted by a judicial registrar; (b) delegating to the judicial registrars all or any of the powers of the Court specified by the rules of court in relation to proceedings prescribed under paragraph (a), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court other than the power— (i) to impose a sentence of detention in a youth justice centre or youth residential centre; or (ii) to make a youth attendance order; S. 588(1AB) (ba) inserted by No. 17/2023 s. 35. (ba) providing for a judicial registrar to exercise any power of a magistrate under this Act with respect to the issue of a search warrant for the purpose of having a child placed in emergency care; (c) the transfer or referral of proceedings between the Court constituted by a judicial registrar and the Court constituted by a magistrate of the Court; (d) reviews of, and appeals from, the Court constituted by a judicial registrar. S. 588(1AC) inserted by No. 42/2014 s. 112. (1AC) The President together with 2 or more magistrates for the Court may jointly make Rules for or with respect to any matter or thing required or permitted by or under the **Vexatious Proceedings Act 2014** to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act. S. 588(1B) inserted by No. 30/2010 s. 42. (1B) The President together with 2 or more magistrates for the Court may jointly make Rules for or with respect to— (a) prescribing forms for the purposes of the procedure set out in Schedule 3; (b) generally any matter relating to the procedure set out in Schedule 3. S. 588(2) amended by No. 68/2009 s. 84(2). (2) A rule made under this section must not be inconsistent with a provision made by or under this or any other Act, whether the provision was made before or after the making of the rule. S. 588(3) inserted by No. 5/2013 s. 56. (3) In this section, "magistrate" or "magistrate for the Court" does not include a reserve magistrate. S. 588(4) inserted by No. 32/2024 s. 787(2). (4) The Rules may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstance; (c) confer a discretionary authority or impose a duty on— (i) the President, a magistrate, a judicial registrar or a specified court official; or (ii) a specified class of magistrate, judicial registrar or court official; (d) provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the Rules— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to the extent specified in the Rules.