sec.85Rule-making power

### sec.85 Rule-making power The Governor in Council may make rules of court under this Act for— the practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1 ; or the admission of persons to the legal profession under the Legal Profession Act 2007 , including fees relating to admission; or the assessment of costs for the Legal Profession Act 2007 , part 3.4 , division 7 ; or any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth. See the Magistrates Courts Act 1921 , section 57C , for the rules of court for a proceeding, other than an appeal, under the Domestic and Family Violence Protection Act 2012 . A rule may only be made with the consent of the rules committee. Rules made under subsection (1) (b) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of— the rules applying immediately before the commencement of the Legal Profession Act 2004 , section 27 to the operation of that Act after the commencement; and other matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004 , section 27 to the operation of Legal Profession Act 2004 after the commencement. Rules of court (other than rules for a matter mentioned in subsection (1) (b) or a matter relevant to criminal jurisdiction or criminal proceedings, other than proceedings in relation to contempt of court) are to be called the Uniform Civil Procedure Rules . s 85 orig s 85 om 1997 No. 38 s 132 prev s 85 ins 1998 No. 20 s 17 om 2011 No. 45 s 195 ins 1995 No. 23 s 6 amd 1995 No. 58 s 4 sch 1 exp 30 May 1996 (see s 118(5)) AIA s 20A applies (see s 118(4)) om R4 (see RA s 37) pres s 85 ins 1998 No. 20 s 20 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2004 No. 11 s 596 sch 1 ; 2005 No. 70 s 164 amd 2007 No. 24 s 770 sch 1 amdts 1, 2 and 5 (amdts 3 and 4 could not be given effect) (2B), (2C) and (2D) exp 8 December 2009 (see s 118(2D)) amd 2011 No. 45 s 199 ; 2013 No. 35 s 171 (sec.85-ssec.1) The Governor in Council may make rules of court under this Act for— the practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1 ; or the admission of persons to the legal profession under the Legal Profession Act 2007 , including fees relating to admission; or the assessment of costs for the Legal Profession Act 2007 , part 3.4 , division 7 ; or any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth. See the Magistrates Courts Act 1921 , section 57C , for the rules of court for a proceeding, other than an appeal, under the Domestic and Family Violence Protection Act 2012 . (sec.85-ssec.2) A rule may only be made with the consent of the rules committee. (sec.85-ssec.3) Rules made under subsection (1) (b) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of— the rules applying immediately before the commencement of the Legal Profession Act 2004 , section 27 to the operation of that Act after the commencement; and other matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004 , section 27 to the operation of Legal Profession Act 2004 after the commencement. (sec.85-ssec.4) Rules of court (other than rules for a matter mentioned in subsection (1) (b) or a matter relevant to criminal jurisdiction or criminal proceedings, other than proceedings in relation to contempt of court) are to be called the Uniform Civil Procedure Rules . - (a) the practices and procedures of the Supreme Court, the District Court or the Magistrates Courts or their registries or another matter mentioned in schedule 1 ; or - (b) the admission of persons to the legal profession under the Legal Profession Act 2007 , including fees relating to admission; or - (c) the assessment of costs for the Legal Profession Act 2007 , part 3.4 , division 7 ; or - (d) any law giving jurisdiction to the Supreme Court, the District Court or the Magistrates Courts, including a law of the Commonwealth. - (a) the rules applying immediately before the commencement of the Legal Profession Act 2004 , section 27 to the operation of that Act after the commencement; and - (b) other matters about admission dealt with under the Legal Practitioners Act 1995 before the commencement of the Legal Profession Act 2004 , section 27 to the operation of Legal Profession Act 2004 after the commencement.