124Rule-making power

#### 124 Rule-making power 124 Rule-making power > > (1) Any rules may be altered or added to or rescinded, and any further or additional rules may be made, by the Rule Committee for the purpose of carrying this Act into effect and, without limiting the generality of the foregoing, for the following purposes— > > > > > (a) for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Court in all proceedings in, or with respect to which, the Court has for the time being jurisdiction (including the procedure and practice to be followed in the offices of the Court), and any matters incidental to, or relating to, any such procedure or practice, including the manner and time of making any applications which under this or any other Act, or under any Imperial Act or Commonwealth Act, are to be made to the Court, > > > > > (b) for regulating and prescribing the form and contents of any case stated to the Court by or from any court or person and the time within which and the manner in which proceedings thereon are to be instituted in the Court and the practice and procedure thereafter to be followed in the Court and the notification of the decision of the Court, > > > > > (c) for regulating and prescribing the practice and procedure to be followed in connection with the institution of any appeal from any inferior court or from any person to the Court, including the time within which, and the manner in which, the appeal is to be instituted, and the practice and procedure thereafter to be followed in the Court, > > > > > (d) for regulating and prescribing the practice and procedure to be followed in connection with the transfer of any proceedings from any inferior court to the Court or from the Court to any inferior court, and for the co-ordination or expedition of any such transfers, and, where proceedings are transferred to the Court, the practice and procedure thereafter to be followed in the Court, > > > > > (e) for regulating and prescribing any matter which, under any Act or Imperial Act, may be regulated or prescribed by rules of the Court or by rules made by the Judges or any Judges or the Chief Judge in Equity or any other Judge identified by description of his or her office or the Judges of Appeal or any Judges of Appeal, > > > > > (f) for altering, adding to or rescinding any rules in force immediately before the commencement of this Act, which regulate or prescribe any matter which, under any Act or Imperial Act, might, immediately before the commencement of this Act, be regulated or prescribed by rules of the Court or by rules made by the Judges or any Judges or the Chief Judge in Equity or any other Judge identified by description of his or her office or the Judges of Appeal or any Judges of Appeal, > > > > > (g) for providing for the regulation of the sittings and order of business of the Court and the regulation of the vacations and holidays to be observed by the Court and in the offices of the Court, > > > > > (h) for prescribing what powers of the Court may be exercised by any of the associate Judges, acting associate Judges, registrars and other officers of the Court, > > > > > (i) (Repealed) > > > > > (j) for regulating any matters relating to the costs of proceedings in the Court and, in particular, prescribing, limiting or otherwise affecting the costs recoverable in any action or proceedings that the Court considers might properly have been dealt with in an inferior court, > > > > > (k), (ka) (Repealed) > > > > > (l) for prescribing means for, and the practice and procedure to be followed in, the enforcement and execution of judgments and orders, > > > > > (m) for regulating the means by which particular facts may be proved, and the mode in which evidence may be given (including the administration of oaths to and the taking of the evidence of witnesses in or out of New South Wales), in any proceedings, or on any application in connection with, or at any stage of, any proceedings, > > > > > (ma) for prescribing matters relating to expert evidence, including the disclosure, by the furnishing of copies of reports or otherwise, of the nature of expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence, > > > > > (n) for prescribing the cases in which security may be required, and the form of such security, and the manner in which, and the person to whom, it is to be given, > > > > > (o) for regulating and prescribing any matter concerning or in relation to which provision was made by the rules set out in the Fourth Schedule to this Act when it commenced, > > > > > (p), (q) (Repealed) > > > > > (r) for regulating the payment or transfer into or out of Court and, subject to the consent of the Treasurer, the custody, management and investment of moneys, securities and effects, and > > > > > (s) for prescribing and regulating the duties of the associate Judges, acting associate Judges, registrars and other officers of the Court in relation to or for the purpose of any proceedings. > > > > > (t) (Repealed) > > > (2) The rules may make provision for or with respect to— > > > > > (a) the cases in which the whole of any proceedings or any question or issue arising in any proceedings may be referred by the Court to an arbitrator or referee for determination or for inquiry and report, > > > > > (b) the appointment of a Judge, associate Judge, registrar or other officer of the Court or other person as an arbitrator or referee, > > > > > (c) the fees to be paid to such an arbitrator or referee, > > > > > (d) the persons by whom the whole or any part of any such fees are payable, > > > > > (e) the consequences of a determination or report by an arbitrator or referee, > > > > > (f) the manner in which such a determination or report may be called in question, > > > > > (g) whether or not, or to what extent, a determination or report may be called in question on a matter of fact or law, > > > > > (h) the provision of the services of officers of the Court and the provision of court rooms and other facilities for the purpose of a reference of any proceedings or any question or issue arising in any proceedings to an arbitrator or referee, and > > > > > (i) any other matters associated with such a reference. > > > (3) The rules may make provision for or with respect to the assignment of proceedings to the Court of Appeal or a Division. The assignment by the rules of any proceedings to the Court of Appeal or any Division has effect despite any contrary provision of this or any other Act or law. > > > (4) The rules may authorise an associate Judge to punish contempt in the face of the Court or in the hearing of the Court where the Court is constituted by that associate Judge and to punish the breach of an undertaking given to the Court constituted by that associate Judge, but otherwise the rules shall not authorise an associate Judge, registrar or other officer to make an order for the committal, attachment or arrest of any person. > > > (5) Where the rules rescind a rule by which a previous rule was rescinded, then, unless the contrary intention appears, the previous rule shall not be revived. > > > (6) Where the rules rescind or amend a previous rule, then, unless the contrary intention appears, the rescission or amendment shall not revive anything not in force or existing immediately before the rescission or amendment takes effect. > > > (7) After the commencement of this Act no power by any Act or Imperial Act conferred upon the Judges or any Judge or the Chief Judge in Equity or any other Judge identified by description of his or her office or the Judges of Appeal or any Judges of Appeal to make rules as to any matter shall be exercised otherwise than by the Rule Committee making in respect of that matter rules under and in accordance with this Act. > > > (8) Rules made by the Rule Committee under this Act shall, so far as inconsistent with rules made (whether before or after the commencement of this Act) under any other Act or under any Imperial Act, prevail over the latter rules while the inconsistency exists. > > > (9) This section does not give power to make rules with respect to any matter for which Admission Rules may be made under the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a). > > > (10) This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)). > > > (10A) This section does not give power to make rules in terms inconsistent with those of the uniform rules under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) unless the uniform rules expressly permit rules under this section to be made in those terms. > > > (10B) The rules made under this section may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008) in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act. > > > (10C) The rules made under this section may provide for the exercise by a registrar or other officer of the Court of any of the Court’s administrative or judicial functions under this or any other Act and for the review by the Court of the exercise by a registrar or other such officer of any such function. > > > (11) A practice note (including any other document, however described, which regulates the practice or procedure of the Court, any Division of the Court or of any class of proceedings in the Court, but excluding a decision of the Court) issued by or on behalf of the Court must be published in the Gazette. > > > (12) Sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to a practice note in the same way as they apply to a statutory rule. > > **s 124:** Am 1972 No 41, sec 11 (1) (b); 1979 No 205, Sch 2, Part 1; 1984 No 54, sec 3; 1984 No 166, Sch 1 (2); 1986 No 218, Sch 47; 1987 No 111, Sch 1; 1988 No 92, Sch 26; 1989 No 138, Sch 7; 1991 No 12, Sch 1 (4); 1993 No 87, Sch 6; 1994 No 32, Sch 3; 1994 No 57, Sch 1; 1997 No 58, Sch 2.3 \[1\] \[2\]; 1998 No 172, Sch 10 \[5\]; 2000 No 93, Sch 2.53 \[5\]–\[8\]; 2003 No 71, Sch 8 \[16\]; 2005 No 28, Sch 5.47 \[13\] \[14\]; 2005 No 31, Sch 13 \[31\]–\[35\]; 2005 No 98, Sch 3.49 \[4\] \[5\]; 2009 No 56, Sch 4.71 \[3\] \[4\]; 2010 No 119, Sch 2.39 \[1\] \[2\]; 2015 No 7, Sch 2.41 \[3\] \[4\].