Sch 3Code of Conduct for Interpreters in Legal

Schedule 3 Code of Conduct for Interpreters in Legal Proceedings ____________________ As in force at 23 June 2025 ____________________ SUPREME COURT RULES 1987 Rules under the Supreme Court Act 1979 Order 1 Preliminary matters 1.01A Citation These Rules may be cited as the Supreme Court Rules 1987. 1.01 Definitions In this Part: commencement date means the date on which these Rules come into operation. former Rules means the Rules of the Supreme Court as in force immediately before the commencement date. pending proceeding means a civil proceeding in the Court to which, immediately before the commencement date, the former Rules applied. 1.02 Application (1) Subject to subrule (3), this Chapter applies to every civil proceeding commenced in the Court on or after the commencement date. (2) Subject to this Part, this Chapter, with the necessary changes, applies to a pending proceeding, and anything required or permitted to be done under this Chapter with respect to a proceeding commenced on or after the commencement date shall or may be done in a pending proceeding. Supreme Court Rules 1987 2 (3) This Chapter does not apply to a civil proceeding commenced in the Court on or after the commencement date to which any other Rules of the Supreme Court apply except as those other Rules provide. (3A) This Chapter applies to any matter respecting an appeal, whether civil or criminal, only to the extent provided in rule 82.03. (4) The repeal of the former Rules does not affect anything done or omitted to be done in a pending proceeding before the commencement date and, except as provided in this Part, anything so done or omitted to be done before the commencement date shall be taken to have been done or omitted under this Chapter. (5) Where the time for entering an appearance in a pending proceeding is limited by the originating process in the proceeding and, before the commencement date, a defendant had not entered an appearance in the proceeding, the time limited for the purpose of the filing by the defendant of an appearance under this Chapter is the time limited in the originating process. (6) If before the commencement date an originating process issued in a pending proceeding for service on a defendant out of the Territory had not been served on that defendant, the former Rules continue to apply with respect to the service of the originating process on the defendant out of the Territory as if this Chapter had not been made and, in particular: (a) the Court may make an order authorizing service of the originating process on the defendant out of the Territory; (b) nothing in this Chapter affects an order authorizing such service made before the commencement date; and (c) if the defendant is served out of the Territory in accordance with an order of the Court and does not file an appearance within the time limited, the plaintiff is entitled to enter or apply for judgment, and Order 21, with the necessary changes, applies as if the proceeding had been commenced by writ after the commencement date and the writ had been served on the defendant within the Territory. (6.1) Where originating process issued in a pending proceeding has not been served on a defendant who is out of the Territory, the former Rules continue to apply with respect to the service of the originating process on the defendant out of the Territory as if these Rules had not been made. Supreme Court Rules 1987 3 (7) If an endorsement of claim on a writ of summons in a pending proceeding did not stand in place of or otherwise constitute a statement of claim under the former Rules, then, in respect of a defendant to whom the plaintiff had not delivered a statement of claim before the commencement date, the plaintiff shall serve a statement of claim on that defendant: (a) if the defendant entered an appearance before the commencement date – within 14 days after the commencement date; or (b) if the defendant files an appearance after the commencement date – within 14 days after appearance. (8) An endorsement of claim on a writ of summons in a pending proceeding which stood in place of or otherwise constituted a statement of claim under the former Rules shall be taken to be a statement of claim for the purposes of these Rules. 1.03 Jurisdiction not affected Nothing in this Chapter limits the jurisdiction, power or authority which the Court had immediately before the commencement date. 1.04 Proceedings in another Court (1) Except as the Court otherwise orders, these Rules, with the necessary changes, apply to proceedings commenced in another court and remitted or transferred to or removed into the Court on or after the commencement date as if they were a proceeding commenced in the Court on the day they were remitted, transferred or removed. (2) For the purpose of this Part, a proceeding commenced in another court and remitted or transferred to or removed into the Court before the commencement date shall be taken to be a pending 1.05 Judgment in pending proceeding (1) In this rule a reference to a judgment entered or given includes a reference to an order made. (2) Except as provided in this rule, this Chapter applies to a judgment entered or given in a pending proceeding as if it had been entered or given in a proceeding commenced after the commencement date. Supreme Court Rules 1987 4 (3) A judgment entered or given in a pending proceeding before the commencement date may be enforced in accordance with this Chapter but otherwise has the same force and effect as if this Chapter had not been made. (4) Without limiting subrule (3): (a) no appeal may be brought, application to set aside or vary made or other proceeding taken in respect of a judgment entered or given before the commencement date which could not have been brought, made or taken in respect of that judgment under the former Rules immediately before the commencement date; and (b) process commenced under the former Rules to enforce a judgment entered or given before the commencement date may be continued or carried out and aided in accordance with the former Rules. 1.06 Payment into Court (1) In this rule payment into court, in relation to a pending proceeding, means the payment into court of an amount of money in satisfaction of the claim in the manner provided by the former Rules, and includes the lodging with an Associate Judge of a notice offering to consent to judgment. (2) Where a payment into court was made in a pending proceeding before the commencement date, the former Rules shall continue to apply with respect to the payment as if this Chapter had not been (3) Without limiting subrule (2), a second or further payment into court may be made in accordance with the former Rules or this Chapter. (4) In a pending proceeding a plaintiff may serve an offer of compromise in accordance with this Chapter on a defendant whether or not the defendant has made a payment into court. (5) In a pending proceeding a defendant, whether or not he has made a payment into Court, may serve an offer of compromise on the plaintiff under Order 26. 1.07 Amendment Rule 36.01(6) and (8) does not apply to a pending proceeding. Supreme Court Rules 1987 5 1.08 Costs (1) In this rule relevant date means the date declared under Rules amending this Chapter to be the relevant date for the purposes of this rule. (2) The amount of costs for work done in a pending proceeding before the relevant date shall be determined in accordance with the former Rules, with the necessary changes, and the amount of costs for work done in the proceeding on or after that date shall be determined in accordance with this Chapter. (3) For the purpose of this rule, work done in a pending proceeding on or after the relevant date in accordance with the former Rules shall, so far as practicable, be taken to have been done in accordance with this Chapter. 1.09 Interpretation (1) In this Chapter, unless the contrary intention appears: Act includes an Act of the Commonwealth. bodily injury includes an impairment of mental condition and a disease. Convention means a Convention (other than the Hague Convention) with a foreign country, made with or made and extended to the Commonwealth or the Territory, with respect to legal proceedings in civil or criminal matters. corporation means a body corporate, whether formed within or out of the Territory. document includes a video tape, audio tape, disc, film or other means of recording. discovery means discovery and inspection of documents or discovery by written interrogatories or oral examination. Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965. Hague Convention country means a country, other than Australia, that is a party to the Hague Convention. Supreme Court Rules 1987 6 judgment given means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding. legal practitioner means: (a) an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act 2006; (b) the Secretary within the meaning of section 8 of the Law Officers Act 1978; (c) the Secretary to the Attorney-General's Department of the Commonwealth; (d) the Commonwealth Director of Public Prosecutions; or (e) an AGS lawyer within the meaning of section 55I of the Judiciary Act 1903 of the Commonwealth. make discovery of documents means make an affidavit of documents complying with the requirements of this Chapter, file the affidavit and serve a copy on the party or person entitled to the discovery. officer, in relation to a corporation, includes a director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person. order made means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding. originating process means process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim. pleading includes an endorsement of claim on a writ which constitutes a statement of claim, and includes particulars of a Proper Officer means an officer of the Court in charge of the Registry or an officer of the Court appointed by the Chief Justice in relation to the exercise of a power or the performance of a duty under this Chapter. question means a question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by a party or by a person, not a party, who has a sufficient interest. Supreme Court Rules 1987 7 Registrar includes an Associate Judge. Registry means the Office of the Court at Darwin or Alice Springs. solicitor means an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act 2006, other than a barrister as defined in that Act. Taxing Master means the officer of the Court whose duty it is to tax costs in the Court. (2) In this Chapter, unless the contrary intention appears, a reference to: (a) a Judge is a reference to the Court constituted by a Judge; and (b) a proceeding commenced by writ includes a proceeding in respect of which an order has been made under rule 4.07. (3) A reference in this Chapter to a Form of a particular alphanumeric designation means the form with that designation as approved by the Chief Justice and published on the Court's website. 1.09A Direction that Registrar may exercise Master's jurisdiction (1) Where under these Rules: (a) the jurisdiction of the Court is exercisable by an Associate Judge; or (b) a power or function is conferred on an Associate Judge; the Associate Judge may direct that the Registrar may exercise the whole or a specified part of that jurisdiction, power or function. (2) An Associate Judge must not make a direction under subrule (1) without the prior approval of the Chief Justice. Supreme Court Rules 1987 8 1.10 Exercise of power (1) In exercising a power under this Chapter the Court: (a) must endeavour to ensure that all questions in the proceeding are resolved justly, promptly, economically and in proportion to the nature of the dispute; and (b) may give any direction or impose any term or condition it (2) The Court may exercise a power under this Chapter of its own motion or on the application of a party or of a person who has a sufficient interest. 1.11 Procedure wanting or in doubt (1) Where the manner or form of the procedure: (a) for commencing or for taking a step in a proceeding; or (b) by which the jurisdiction, power or authority of the Court is exercisable, is not prescribed by this Chapter, a direction under section 72 of the Act or by or under any other Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions. (2) An act done in accordance with a determination or direction under subrule (1) is regular and sufficient. (3) An application for directions under this rule with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as the defendant and an application for directions with respect to a proceeding already commenced shall be made by summons. 1.12 Act by corporation Where the Court makes an order that a corporation do an act, it may order that the act be done by the corporation by its appropriate officer. Supreme Court Rules 1987 9 1.13 Corporation a party Except where otherwise provided by or under an Act or this Chapter, a corporation, whether or not a party, shall not take a step in a proceeding except by a solicitor. 1.14 Power to act by solicitor Unless the contrary intention appears, an act, matter or thing which under the Act or this Chapter or otherwise by law is required or permitted to be done by a party may be done by the party's solicitor. 1.15 Signature of solicitor (1) Where a signature by a solicitor is required or permitted for the purpose of a proceeding, the signature of that solicitor: (a) by a partner of the solicitor; or (b) by a solicitor who is an agent of the solicitor; or (c) by a partner of that agent; or (d) by a legal practitioner in the employ of that solicitor or that agent, shall be as sufficient for that purpose as the signature of that solicitor, except in the case of an oath. (2) A signature made in pursuance of subrule (1) shall be accompanied by an indication of the capacity in which the signature is made. Order 1A Overarching purpose of Chapter and pre-action conduct 1A.01 Overarching purpose of Chapter The overarching purpose of this Chapter is to facilitate the resolution of the real issues of substance in dispute in proceedings justly, promptly, economically and in proportion to the nature of the dispute. Supreme Court Rules 1987 10 1A.02 Duty of parties (1) A party to a proceeding, and that party's legal practitioner, each have a duty to the Court to assist the Court to further the overarching purpose of this Chapter in relation to the proceeding. (2) Subrule (1) does not affect: (a) the duties or obligations of any person, including a legal practitioner, in relation to legal professional privilege; or (b) the other duties that a legal practitioner may owe to the Court. 1A.03 Application of Part This Part applies in relation to each proceeding that is to be, or has been, commenced in Court if there is, or is likely to be, a dispute between the parties as to the orders that the Court should make in 1A.04 Objectives of Part The objectives of this Part are as follows: (a) to encourage the early exchange of full information about a prospective legal claim; (b) to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings; (c) to support the efficient management of proceedings if litigation cannot be avoided. 1A.05 Parties to follow reasonable procedure to avoid litigation (1) The parties to a dispute should follow a reasonable procedure, suited to the parties' particular circumstances, that is intended to avoid litigation. (2) The procedure should involve the following: (a) the prospective plaintiff giving the prospective defendant a letter setting out the details of the claim in accordance with rule 1A.06; (b) the prospective defendant acknowledging the letter of claim promptly in accordance with rule 1A.07; Supreme Court Rules 1987 11 (c) the prospective defendant giving the prospective plaintiff a detailed response to the letter of claim within a reasonable time and in accordance with rule 1A.08; (d) the prospective plaintiff complying with rule 1A.09; (e) the parties conducting, in good faith, genuine and reasonable negotiations with a view to settling the claim economically and without court proceedings. (3) If there are circumstances that require a party to commence a proceeding before complying with subrule (1), the parties should endeavour to comply with the spirit of subrule (1) as soon as reasonably possible after the proceeding has commenced. An urgent application to the Court for an injunction, or to avoid a proceeding becoming statute barred, might excuse non-compliance with subrule (1). 1A.06 Letter of claim The prospective plaintiff's letter setting out the details of the claim should: (a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information; and (b) enclose copies of: (i) the essential documents on which the prospective plaintiff relies; and (ii) any documents, other than privileged documents, that might significantly impair the prospective plaintiff's case; and (c) request each of the following: (i) a prompt acknowledgement of the letter; (ii) a detailed response to the letter within a reasonable specified period; and (d) state whether court proceedings will be issued if the full written response is not received within the specified period; and (e) identify and request copies of any essential documents, not in the prospective plaintiff's possession, that the prospective plaintiff wishes to see; and Supreme Court Rules 1987 12 (f) if applicable – state that the prospective plaintiff wishes to enter into mediation or another alternative method of dispute resolution; and (g) make reference to the Court's powers to impose sanctions for failure to comply with this Order and, if the recipient is likely to be unrepresented, enclose a copy of this Order. 1A.07 Acknowledgement of letter of claim (1) The prospective defendant should acknowledge the prospective plaintiff's letter of claim in writing within 14 days of receiving it. (2) The acknowledgement should specify: (a) the day by which the prospective defendant will give a detailed response to the letter of claim; and (b) if the response will be given after the period specified in the letter – the reasons why the prospective defendant requires a longer period than specified. 1A.08 Response to letter of claim (1) The prospective defendant's detailed response to the letter of claim should: (a) state that the claim is accepted, in whole or in part, and make proposals for settlement; or (b) state that the claim is not accepted. (2) If the claim is accepted in part only, the response should make it clear which part is accepted and which part is not accepted. (3) If the prospective defendant does not accept the claim or any part of it, the response should: (a) set out detailed reasons as to why the claim, or part of it, is not accepted, identifying which of the contentions are accepted and which are in dispute; and (b) enclose copies of: (i) the essential documents on which the prospective defendant relies; and (ii) any documents, other than privileged documents, that might significantly impair the prospective defendant's case; and Supreme Court Rules 1987 13 (c) enclose copies of the documents requested by the prospective plaintiff or explain why the documents are not enclosed; and (d) identify and request copies of any essential documents, not in the prospective defendant's possession, that the prospective defendant wishes to see; and (e) state whether the prospective defendant is willing to enter into mediation or another alternative method of dispute resolution. 1A.09 Provision of essential documents If a prospective defendant's response under rule 1A.08 requests copies of any essential documents, the prospective plaintiff should, within a reasonable time, give the prospective defendant: (a) the documents; or (b) a written explanation of why the documents have not been 1A.10 Consideration of alternative method of dispute resolution (1) If the claim cannot be settled after the parties have complied with rule 1A.05(1), the parties should: (a) consider whether an alternative method of dispute resolution would be more suitable than litigation to resolve the parties' dispute; and (b) if so – endeavour to agree which method to adopt. (2) If a proceeding is commenced, both the plaintiff and defendant may be required by the Court to give evidence that an alternative method of dispute resolution was considered. 1A.11 Consequences of non-compliance with Part If, in the opinion of the Court, non-compliance with this Part has led to the commencement of a proceeding that might otherwise not have needed to be commenced, or has led to delay or costs being incurred in the proceeding that might otherwise not have been incurred, the orders the Court may make include the following: (a) an order that the party at fault pay the costs of the proceeding, or part of those costs, of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; Supreme Court Rules 1987 14 (c) if the party at fault is a plaintiff in whose favour an order for the payment of damages or some specified sum is subsequently made, an order: (i) depriving that party of interest on the sum and in respect of a specified period; or (ii) awarding interest at a lower rate than that at which interest would otherwise have been awarded; (d) if the party at fault is a defendant and an order for the payment of damages or some specified sum is subsequently made in favour of the claimant – an order awarding interest on the sum and in respect of a specified period at a higher rate than the rate at which interest would otherwise have been awarded. 1A.12 Use of documents disclosed (1) Documents disclosed by a party in accordance with this Part may not be used for any purpose other than resolving the dispute in relation to which the documents were disclosed, or any subsequent proceeding relating to the dispute. (2) Subrule (1) is subject to any order of the Court. 2.01 Effect of non-compliance (1) A failure to comply with this Chapter is an irregularity and does not render a proceeding or step taken, or a document, judgment or order, in the proceeding a nullity. (2) Subject to rules 2.02 and 2.03, where there has been a failure to comply with this Chapter, the Court may: (a) set aside the proceeding, either wholly or in part; (b) set aside a step taken in the proceeding or a document, judgment or order in the proceeding; or (c) exercise its powers under this Chapter to allow amendments and to make orders dealing with the proceeding generally. 2.02 Originating process The Court shall not wholly set aside a proceeding or the originating process by which a proceeding was commenced on the ground that the proceeding was commenced by the wrong process. Supreme Court Rules 1987 15 2.03 Application to set aside for irregularity The Court shall not set aside a proceeding or a step taken in a proceeding, or a document, judgment or order in a proceeding, on the ground of a failure to which rule 2.01 applies on the application of a party unless the application is made within a reasonable time, and before the applicant has taken a fresh step, after becoming aware of the irregularity. 2.04 Dispensing with compliance The Court may dispense with compliance with a requirement of this Chapter, either before or after the occasion for compliance arises. Order 3 Time, vacations and Court office 3.01 Calculating time (1) A period of time fixed by this Chapter or by a judgment or order, or by a document, in a proceeding shall be calculated in accordance with this rule. (2) Where a period of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded. (3) Where a period of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included. (4) Where a period of 5 days or less would include a day on which the Registry is closed, that day shall be excluded. (5) Where the last day for doing an act at the Registry of the Court is a day on which the Registry is closed, the act may be done on the next day the Registry is open. 3.02 Extension and abridgement (1) The Court may extend or abridge a time fixed by this Chapter or by an order fixing, extending or abridging time. (2) The Court may extend time under subrule (1) before or after the time expires, whether or not an application for the extension is made before the time expires. Supreme Court Rules 1987 16 (3) A time fixed by this Chapter or by an order fixing, extending or abridging time may be extended by consent without an order of the 3.03 Fixing time Where no time is fixed by this Chapter or by a judgment or order for doing an act in a proceeding, the Court may fix a time. 3.04 Process in vacation (1) In calculating the time fixed by these Rules or by a judgment or order fixing, extending or abridging time, the period from