197Power of judges to make Rules of Court

### 197 Power of judges to make Rules of Court > *\[Section 197 Amended by S.R. 1977, No. 150 \]* > > > (1)  *\[Section 197 Subsection (1) amended by No. 40 of 1959, s. 7 \]**\[Section 197 Subsection (1) amended by No. 4 of 1963, s. 4 and s. 6 \]**\[Section 197 Subsection (1) amended by No. 6 of 1971, s. 4 \]**\[Section 197 Subsection (1) amended by No. 91 of 1986, s. 64 \]**\[Section 197 Subsection (1) amended by No. 50 of 1977, s. 7 \]*Subject to the provisions of [section 203](#GS203@EN) , the judges of the Supreme Court, or a majority of them, may make Rules of Court, not inconsistent with this Act for carrying this Act into effect, and in particular for the following matters in addition to those for which Rules of Court are authorized to be made by any other provision in this Act: > > > > > > (a) .  .  .  .  .  .  .  .   > > > > > > > (b) Regulating and prescribing the form, mode, and course of proceeding with respect to the process and pleadings in, and the trial of, and the adjudication in, and all matters relating to the costs of and in, and the powers of the Court or any judge thereof with respect to, any proceedings in any part of the jurisdiction of the Court (original or appellate) which is subject to this Act, including the regulation of all matters relating to new trials and appeals in causes and matters tried by or before a judge, and conferring and regulating the power to grant new trials and hear appeals in cases in which any cause or matter or issue therein has been tried by an officer of the Court, judge of an inferior court of civil jurisdiction, or referee; > > > > > > > (c) Authorizing and providing for the service out of the jurisdiction of the Court of any writ of summons, statement of claim, petition, or any other process instituting an action, or any information, writ, warning, summons, petition, citation, rule, order, or other process whatsoever issued out of, filed in, extracted from, or granted by the Court in any cause or matter, or of any notice of any such writ, statement of claim, petition, or other such process (whether instituting an action or not) as aforesaid; and authorizing and providing for substituted service of any such writ, statement of claim, petition or other such process (whether instituting an action or not) as aforesaid; > > > > > > > (ca) [*\[Section 197 Subsection (1) amended by No. 16 of 2006, s. 41, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS41@Hpa@EN) Authorising and providing for discovery – > > > > > > > > > > (i) to ascertain the description of a person sufficiently for the purpose of commencing a proceeding in court against that person; or > > > > > > > > > > > (ii) to enable a decision to be made whether to commence, continue or defend a proceeding in the court; or > > > > > > > > > > > (iii) to enable a party to a proceeding in the court to obtain information in relation to that proceeding from a person who is not a party; > > > > > > > (d) Regulating (subject to the provisions of this Act) the exercise of any part of the jurisdiction of the Court which is subject to this Act; > > > > > > > (e) Regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceeding in any part of the jurisdiction of the Court which is subject to this Act, or on any application in connection with, or at any stage of, any such proceeding; > > > > > > > (f) [*\[Section 197 Subsection (1) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2000-054#JS4@Ja14@GC6@Hpa@EN) [*\[Section 197 Subsection (1) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2000-054#JS4@Ja14@GC6@Hpb@EN) [*\[Section 197 Subsection (1) amended by No. 30 of 2004, s. 9, Applied:27 Oct 2004\]*](/view/html/inforce/2004-10-27/act-2004-030#GS9@Hpa@EN) [*\[Section 197 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja16@GC5@Hpa@EN) [*\[Section 197 Subsection (1) amended by No. 76 of 2009, s. 38, Applied:11 Dec 2009\]*](/view/html/inforce/2009-12-11/act-2009-076#GS38@EN) [*\[Section 197 Subsection (1) amended by No. 13 of 2012, s. 61, Applied:01 Dec 2012\]*](/view/html/inforce/2012-12-01/act-2012-013#GS61@Hpa@EN) Empowering the Associate Judge to exercise all of the powers of the Court, including the exercise of inherent jurisdiction which may be exercised by a single judge sitting in chambers or by a single judge sitting in court without a jury except for the hearing and determination of – > > > > > > > > > > (i) [*\[Section 197 Subsection (1) amended by No. 16 of 2006, s. 41, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS41@Hpb@EN) .  .  .  .  .  .  .  .   > > > > > > > > > > > (ii) [*\[Section 197 Subsection (1) amended by No. 14 of 2019, s. 12, Applied:09 Sep 2019\]*](/view/html/inforce/2019-09-09/act-2019-014#GS12@EN) appeals, other than a review of a taxation of costs by an officer of the Court; and > > > > > > > > > > > (iii) applications for relief similar to *certiorari*, *mandamus* or prohibition; and > > > > > > > > > > > (iv) applications for orders of review under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) ; > > > > > > > (g) Regulating all matters relating to the duties of the officers of the Court, and the procedure and practice in the registries of the Court; > > > > > > > (ga) [*\[Section 197 Subsection (1) amended by No. 13 of 2012, s. 61, Applied:01 Dec 2012\]*](/view/html/inforce/2012-12-01/act-2012-013#GS61@Hpb@EN) Specifying, for the purposes of [section 191B](#GS191B@EN) , which orders and decisions of the Associate Judge are to be regarded as interlocutory and which are not to be so regarded; > > > > > > > (h) Prescribing the forms to be used for the purposes of any such proceeding as is referred to in [paragraph (b)](#GS197@Gs1@Hpb@EN) ; > > > > > > > (i) Prescribing and regulating the fees to be charged by practitioners of the Court for the work done by them practising in the Court in relation to any such proceeding as aforesaid, and for the taxation of their bills of costs, either as between party and party or as between solicitor and client; > > > > > > > (j) Imposing, prescribing, and fixing the fees and percentages (including percentages in the case of proceedings relating to lunatics and their estates, and persons with respect to whom an order has been made under [Part VIII](#HPVIII@EN) ) to be taken or collected in the Court or by the officers of the Court in respect of any such proceedings as are referred to in [paragraph (b)](#GS197@Gs1@Hpb@EN) or this paragraph or of the execution of the process of the Court in any such proceedings, and the fees to be taken by commissioners of the Court and examiners appointed by the Court; > > > > > > > (k) For regulating the procedure and practice for the service on any person in this State of any process or citation where, in any civil cause or matter pending before any court or tribunal of a foreign country, a letter of request from such court or tribunal for service of any process or citation on any person in this State is transmitted to the Court by the Attorney-General, with an intimation that it is desirable that effect should be given to the same; > > > > > > > (l) For giving effect in this State to the provisions of the Imperial Act intituled the [Foreign Tribunals Evidence Act, 1856](/view/html/inforce/2026-04-12/act-9999-999) , and for regulating the procedure thereunder; > > > > > > > (m) For regulating and prescribing the procedure and practice with respect to appeals to the Supreme Court or a judge thereof from any inferior court or any statutory tribunal not being a court from which an appeal lies to the Supreme Court or a judge thereof, and (notwithstanding any provision in any statute) for limiting the time within which appeals from inferior courts or such statutory tribunals as aforesaid to the Supreme Court or a judge thereof may be instituted, and (notwithstanding any provision in any statute) prescribing any form or mode of procedure in substitution for any form or mode of procedure prescribed by any statute for appeals from any inferior court or any such statutory tribunal as aforesaid; > > > > > > > (n) Requiring the judges or judge or any officer of any inferior court from which an appeal lies to the Supreme Court or a judge thereof, or any such statutory tribunal as is referred to in [paragraph (m)](#GS197@Gs1@Hpm@EN) or any officer thereof, to record or take a note of the evidence adduced, and of any questions, contentions, or objections raised, and of any other proceedings in or on any proceeding or application pending before or made to any such Court or statutory tribunal, and requiring any such judge, statutory tribunal, or officer to deliver to the party or parties to any such proceeding or application, or to any person entitled to appeal to the Court or a judge thereof from any judgment, order, ruling, or other judicial or quasi-judicial act given, made, or done in any such proceeding or application, and also to transmit to the Court or any judge thereof or any registrar thereof, a note of any such evidence, question, contention, objection, or proceeding, and of any such judgment, order, ruling, or other judicial or quasi-judicial act, and the reasons therefor; > > > > > > > (o) Conferring the power to order the transfer of any proceedings in an inferior court of civil jurisdiction to the Supreme Court and regulating and prescribing the procedure and practice in connection with the transfer of proceedings from any inferior court of civil jurisdiction to the Supreme Court, or from the Supreme Court to any inferior court of civil jurisdiction; > > > > > > > (p) Conferring and regulating the power to order and require any judge of any inferior court of civil jurisdiction to take any evidence, or examination of any witness, or to make any inquiry concerning any question ormatter arising in any cause or matter in the Supreme Court, and to regulate the procedure and practice to be followed and observed in the execution of any such order; > > > > > > > (q) Providing for and regulating the service and execution of any process of the Supreme Court by any officer or officers of any inferior court (whether of civil or criminal jurisdiction); > > > > > > > (r) Providing for and regulating the issue and execution of commissions and the making and execution of orders appointing commissioners and examiners and other officers or persons to take any evidence or examination of any witness or person at any place whether within this State or elsewhere; > > > > > > > (s) For repealing any enactment which relates to any matter with respect to which rules are made under this section; > > > > > > > (t) Regulating and providing for the awarding, apportionment, payment, and all other matters relating to the costs of any proceedings in any part of the jurisdiction of the Court (original or appellate) which is subject to the provisions of this Act; > > > > > > > (u) The service and execution of all process of the Court and the enforcement of all judgments and orders of the Court or any judge thereof and of all process of the Court; > > > > > > > (v) [*\[Section 197 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja16@GC5@Hpb@EN) Conferring on the Associate Judge, the Registrar, or the district registrars of the Court, or any one or more of those officers– > > > > > > > > > > (i) jurisdiction to make orders *nisi* for the attachment of debts and any other moneys attachable under the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) ; > > > > > > > > > > > (ii) jurisdiction that the judges making the rule deem to be rather of a ministerial than of a judicial character, mere matter of detail, or not of sufficient importance to be disposed of by a judge; and > > > > > > > > > > > (iii) any other jurisdiction conferred on any such officer by the rules originally set forth in [Schedule II](#JSII@EN) or by the [Rules of the Supreme Court 1958](/view/html/inforce/2026-04-12/act-9999-999) ; > > > > > > > (w) Requiring practitioners of the Court or any law society to make such inquiries and investigations with respect to applications by persons seeking or claiming to institute or defend or to become a party to any proceeding in the Court as a poor person as may be prescribed by the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) ; > > > > > > > (wa) For making provision for or with respect to the reference of any question arising in a proceeding to a special referee for inquiry and report; > > > > > > > (x) Generally, for regulating and making provision for all matters whatsoever relating to the procedure and practice of the Court in any part of the jurisdiction of the Court which is subject to this Act, including the jurisdiction, powers, and matters conferred, prescribed, provided for, or regulated by the rules formerly set forth in [Schedule II](#JSII@EN) or by the [Rules of the Supreme Court 1958](/view/html/inforce/2026-04-12/act-9999-999) . > > > (1A)  [*\[Section 197 Subsection (1A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja16@GC5@Hpc@EN) [*\[Section 197 Subsection (1A) inserted by No. 30 of 2004, s. 9, Applied:27 Oct 2004\]*](/view/html/inforce/2004-10-27/act-2004-030#GS9@Hpb@EN) A reference in [subsection (1)(f)(ii)](#GS197@Gs1@Hpf@Hqii@EN) to an officer of the Court does not include the Associate Judge. > > > (2)  In any case in which any process of any kind whatsoever which has been – > > > > > > (a) issued out of, filed in, or extracted from the Court in any proceeding which is subject to the provisions of this Act (whether the process was issued, filed, or extracted for the purpose of instituting, or in the course of, the proceeding); or > > > > > > > (b) granted by the Court or a judge thereof in the exercise of any part of the jurisdiction of the Court which is subject to this Act – > > > > and is served out of the jurisdiction of the Court in accordance with the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , such service shall (subject to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) ) have the same effect and operation with respect to subsequent proceedings in the original proceeding or matter in which the same was issued, filed, extracted, or granted as it would have had if the person on whom it was served had at the time of the service thereof been in this State. > > > (3)  Notwithstanding the provisions of any statute, the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) may confer on the Supreme Court or a judge thereof, for the purpose of hearing and determining any appeal from an inferior court, or any statutory tribunal not being a court, all or any of the powers by this Act conferred on a Full Court by [Part V](#HPV@EN) , or any further or other powers which may be deemed necessary or convenient. > > > (3A)  [*\[Section 197 Subsection (3A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja16@GC5@Hpd@EN) *\[Section 197 Subsection (3A) inserted by No. 40 of 1959, s. 7 \]*Under [subsection (1)](#GS197@Gs1@EN) [(f)](#GS197@Gs1@Hpf@EN) jurisdiction to refer a bill of costs for taxation or any other matter to an officer of the Court may be conferred on the Associate Judge so that– > > > > > > (a) without a reference he may do what he might otherwise have done on a reference by a judge; or > > > > > > > (b) he may refer the matter to another officer of the Court. > > > (3B)  [*\[Section 197 Subsection (3B) inserted by No. 6 of 2005, s. 44, Applied:06 May 2005\]*](/view/html/inforce/2005-05-06/act-2005-006#GS44@EN) Rules of Court made pursuant to this section may adopt, either wholly or in part and with or without modification, and either specifically or by reference, Rules of Court of the Federal Court of Australia or a Supreme Court of another State or a Territory as in force for the time being. > > > (4)  Except so far as the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) otherwise expressly provide, the Rules of Court with respect to any of the matters mentioned in [subsection (1)](#GS197@Gs1@EN) [(m)](#GS197@Gs1@Hpm@EN) shall be exhaustive, and shall exclude any provision regulating or relating to any such matter contained in any Act passed before the commencement of the Act or in any Rules of Court made thereunder. > > > (5)  *\[Section 197 Subsection (5) substituted by No. 50 of 1977, s. 7 \]*Rules of Court shall not make provision for any matter for which provision may be made under [Part III](#HPIII@EN) . > > > (6)  The fees and percentages imposed, prescribed, or fixed by [Schedule II](#JSII@EN) may be increased, reduced, or abolished by any Rule of Court made in pursuance of this section, and any such Rule of Court may impose, prescribe, or fix any such fee or percentage as is mentioned in [subsection (1)](#GS197@Gs1@EN) [(j)](#GS197@Gs1@Hpj@EN) , and any such Rule of Court may be annulled, remade, added to, amended, or altered in pursuance of the power conferred by this section by abolishing any fee or percentage, and by imposing any increased or reduced fee or percentage or any new or additional fee or percentage or otherwise, and any such Rule of Court shall have effect as if enacted in this Act.