123Rule Committee

#### 123 Rule Committee 123 Rule Committee > > (1) Rules may be made under this Act by a Rule Committee consisting of— > > > > > (a) the Chief Justice, > > > > > (b) the President of the Court of Appeal or a Judge of Appeal appointed on the nomination of the President of the Court of Appeal, > > > > > (c) one other appointed Judge of Appeal, > > > > > (d) four other appointed judges, and > > > > > (e) an appointed barrister and an appointed solicitor. > > > (2) In this section, appointed means appointed to the Rule Committee by the Chief Justice by instrument in writing. > > > (2A) In this section and in section 123A— > > > > barrister has the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a). > > > > solicitor has the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a). > > > (3) A person appointed shall hold office for the time specified in the appointment but may resign by instrument in writing addressed to the Chief Justice. > > > (4) At a meeting of the Rule Committee the chairman shall be— > > > > > (a) the Chief Justice, if the Chief Justice is present, > > > > > (b) if the Chief Justice is not present but the President of the Court of Appeal is a member of the Rule Committee and is present, the President of the Court of Appeal, or > > > > > (c) in the absence of the Chief Justice and the President of the Court of Appeal, one of the members present, chosen by the meeting. > > > (5) In case of equality of voting, the chairman shall have a casting as well as a deliberative vote. > > > (6) Any four members of the Rule Committee shall constitute a quorum. > > > (7) There shall be a secretary of the Rule Committee who shall be a person approved by the Chief Justice. > > > (8) Subject to this section, the Rule Committee may regulate its own procedure. > > > (9) The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Rule Committee for the time being, and a resolution in writing approved in writing by a majority of those members is to be taken to be a decision of the Rule Committee. > > > (10) A person who, as a purported member, attended a meeting of the Rule Committee held on or after 1 July 2005 and before 1 July 2007 is taken to have been a duly appointed member of the Rule Committee during that time and accordingly any rule that was purportedly made by the Rule Committee during that time is taken to have been duly made. > > **s 123:** Am 1972 No 41, sec 11 (1) (a); 1990 No 108, Sch 1; 1994 No 32, Schs 1, 3; 2006 No 120, Sch 3.25 \[3\]; 2007 No 56, Sch 8 \[4\]; 2015 No 7, Sch 2.41 \[2\].