Part 4Procedure generally

Part 4—Procedure generally 63—Criminal procedure (1) The practice and procedure in all criminal causes and matters, including the practice and procedure upon appeal, except as expressly altered by this Act, shall be the same as the practice and procedure in similar causes and matters before the passing of this Act. (2) Proceedings in quo warranto shall be deemed to be civil proceedings whether for the purposes of appeal or otherwise. 64—Saving of existing procedure Save as is otherwise provided in this or any other Act, the practice and procedure of the court shall be as prescribed in the existing rules, and in all matters, for which no other provision is made, all forms and methods of procedure, which, under or by virtue of any law, general order or rules whatsoever, were formerly in force in the court, may continue to be used in the like cases and for the like purposes: Provided that nothing in this section shall be deemed to affect the power of the judges to make rules of court repealing or altering the existing rules. 65—Mediation and conciliation (1) Subject to and in accordance with the rules of court, the court constituted of a judge, Associate Justice or judicial registrar may, with or without the consent of the parties, or the registrar may, with the consent of the parties, appoint a mediator and refer a civil proceeding or any issues arising in a civil proceeding for mediation by the mediator. (2) A mediator appointed under this section has the privileges and immunities of a judge and such of the powers of the court as the court may delegate. (3) A mediator appointed under this section must not, except as required or authorised to do so by law, disclose to another person any information obtained in the course or for the purposes of the mediation. (4) The court may itself endeavour to achieve a negotiated settlement of a civil proceeding or resolution of any issues arising in a civil proceeding. (5) A judge, Associate Justice or judicial registrar who attempts to settle a proceeding or to resolve any issues arising in a proceeding is not disqualified from taking further part in the proceeding but will be so disqualified if he or she is appointed as a mediator in relation to the proceeding. (6) Evidence of anything said or done in an attempt to settle a proceeding by mediation under this section is not subsequently admissible in the proceeding or in related proceedings. (7) If a case is settled under this section, the terms of the settlement may be embodied in a judgment. 66—Trial of issues by arbitrator (1) The court may refer a civil proceeding or any issues arising in a civil proceeding for trial by an arbitrator. (2) The arbitrator may be appointed either by the parties to the proceeding or by the court. (3) The arbitrator becomes for the purposes of the reference an officer of the court and may exercise such of the powers of the court as the court delegates to the arbitrator. (4) The court will, unless good reason is shown to the contrary, adopt the award of the arbitrator as its judgment on the action or issues referred. (5) The costs of the arbitrator will be borne, in the first instance, equally by the parties or in such other proportions as the court may direct, but the court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection. 67—Expert reports (1) The court may refer any question arising in a civil proceeding for investigation and report by a referee who is an expert in the relevant field. (2) A person to whom a question is referred under this section becomes for the purposes of the investigation an officer of the court and may exercise such of the powers of the court as the court delegates. (3) The court may adopt a report obtained under this section in whole or part. (4) The costs of the expert's investigation and report will be borne, in the first instance, equally by the parties or in such other proportions as the court may direct, but the court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection. 71—Assessors (1) Subject to any rules of court, and to the right of having cases submitted to the verdict of a jury in accordance with the Juries Act 1927, the court may in any cause or matter before the court, in which it thinks it expedient so to do, call in the aid of one or more assessors, specially qualified, and try and hear such cause or matter wholly or partially, with the assistance of such assessors. (2) The remuneration, if any, to be paid to such assessors shall be determined by the court, and the sum so fixed shall be paid by the sheriff in the same manner as jury fees are paid. 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.