1Supreme Court (Rules of Procedure) Act 1987

Ì r I I d t II I II t I i ì NORTHERN TERRITORY OF AUSTRALIA No. 37 of I9B7 PART I - PRELIMINARY 1. SHORT TITLE Thís Act may be cíted as the Supreme Court (RuLes of Procedure) Act 7987. 2, COMMENCEMENT AN ACT lAssented to 13 October, 1987] T)E it enacted by the Legislltive Assem.b.ly.of the, Norther¡ Territory of ö " Àñäúr",- *i1¡, the issent as prt''vitló.1 by the N,rrher¡r Territory (Se1Í'-Government) Act l97B of the Commonweâlth' ¿ìs follows: f I I i I I ! i f ,f i ; I (1 ) Sectíons 1 the day on which th is given. and 2 shall come into oPeration on e Adminístratorrs assent to this Act (2) The remaining provisions of thís Act shall come into operation on a date to be fixed by the Admínistrator by notice ín the Gazette. 3. PRINCIPAL ACT The Supreme Court Act is in this Act referred to as the Principal Act. Govgmm€nt Prinler ot lhe Nonh6m Temlory Pr¡ce: S1 10 Suprene Court (Rules of Procedure) 4. REPEAL (1) The Rul-es of the Supreme Court of the Northern Territory of Australia comprísíng the Statutory Rules and Regulations specified in the Schedule (other than Orders 64 and 69, and the Second and Fourth Schedules to, those Rules) are repealed. (2) The Supreme Court (Justíces Appeals) Rules, comprísing Statutory Rules L969, No. 167, are repealed. 5. DEFINITION In this Act ttnerd Rulestt means the Rules of the Supreme Court ratified, va1ídated and approved under sectioû 6(1) or, except in section 7, those Rules as ¡mended from time to time. PART II - VALIDATION OF RULES 6. VALIDATION OF NET' RULES (1) The Ru1es of the Supreme Court conditionally made by the Judges of the Supreme Court on 31 JuIy 1987 and subsequently tabled in the Legislative Assembly are by this Act rãtífíed, validated and approved. To the extent that the new Rules are, or a direction under section 9 Ís, inconsístent wlth the Príncípal Act as ¡mended by this Act or with any other Act, those Rules or that directíon, as the case may be, shall prevail. PART III - INTERIM PROVISIONS 8. AMENDMENT oF RULES (2) The ne$r Rules are for all purposes for the purpose of beíng amended) to be taken of Court duly made under the Princípal Act by of the Supreme Court. 7 . CONFLICT BEThTEEN NEId RULES, &c. , AND ACTS For the purposes only of av.oiding in the new Ru1es or between the new Rules (a) the Principal Act as amended (b) any other Act, ( including to be Rules the Judges an ínconsistency and - by thís Act; or the e Supreme Court $/ho are not actíng or add r .or a majority of them, rây nake Rules of the new Rules notwithstanding that, but f.or they may not have the power tõ make such RuI 2 Supreme Court (Rules of Procedure) 9. CHIEF JUSTICE MAY GIVE DIRECTIONS (1 ) For the PurPos tency in the new Rules (a) the Principal Act as amended by thís Act; or (b) any other Act' but without limiting the Chief Justícers powers under section 72 of the Prlncipal Act as amended by this Act, the Chief Justice may give directions relating to a matter of practice or procedure of the Court notlsithstanding thal, but for this section, the Chief Justíce may not have the power to give such a direction, and the matter shall be governed according to those directions. (2) A under subsection (1) which, but for that beyond the power of the Chief Justice to g s sooner approved by Rules of Court made u have no force or effect after the expirâtion of 6 months after the date on which ít was gaven. 10. TIME LII4IT oN EXERCISE OF PO\47ER UNDER THIS PART Rules of Court shall not be made under sectíon 8 nor a direction given under section 9(1) Iater than 5 years after the commencement of this Act (other than sectíons 1 and 2 of this Act). PART IV - CONSEQUENTIAL A}ÍENDMENTS 11. INTERPRETATION Section 9 of the Principal Act ís amended - (a) by omitting the definition of "Rules" and substituting the following: 'rtRulesr means the Rules of Court made under this Act or ratífíed, validated and approved under the Supreme Court (Rufes of Procedure) ¿'ct 7987; "; and by adding at the end the following: e only of avoiding between the nerl an inconsis- Rules and -or re Northern ¡ Rules and :han Orders to, those -s ) Rules, repealed. es of the rved under Rules as ditionatly July 1987 bly are by ( incì-uding o be Ru1es the Judges direc tion pal Act as e Rules or L. )nsistency Act; or acting or ake Rules that, but make such I I t I I I ¡ (b) " (2) Iegislatíve (a) a In this or any other Act or an instrument of a or administratíve charact.er, a reference to - rule or decree of the Court shall be taken to a reference to an order of the Court; or I be (b) a writ of prohibition, mandamus or certiorari by which the Court had before the corrunencement of Parts II and IV of the Supreme Court (¡ules of Procedure) ect 7987 jurisdiction to grant 3 supreme Court (Ãu-Zes of Procedure) relief or a remedY shal1 be taken to ."i...t "" to the judgment by which the frây, aft.er that commencement, grant that crr" ietnudy under this Act and the Rules' " ' bea Court rel ie f F 12. NEl{ SECTION The Principal Act is amended by inserting in Part I' after section 9, the following: ''94, ABOLITION OF DISTINCTION BETI.{EEN COURT AND CITAMBERS chambers is " (1) The distinction abolished. between court and Act in II and 7987 a Judge - q "(2) Nothing in subsection (1) al-ters the practice "rra ptà."d,r." of -the Court with respect to business that ""tr ú" conducted otherwise than ín open court' "(3) The business of the Court, whether conducted in courL or otherwise, shall be taken to be conducted in court. "(4) Where by or under this or any other force irrmediately before the commencement of Parts lV of the Supreme court (Rules of Procedure) Act jurisdiction ' Po\^/er or authority is vested in a (a) the jurisdictíon, Power or.' exerclsed ín accordance with Rules bY the Court in all Judge míght have done; and without appeal an appeal does not fie from a determlnation of the Court. " . authorltY may be this Act and the respects âs that ti 4 r) rken to be a Lch the Court t that rel-ief lles . tt , lng in Part I, . AND CTIAMBERS d chambers is the practice business that her conducted r conducted in other Act ín : Parts lI and e) Act 7987 a in a Judge - ority may be ; Act and the rects as that 1ce with this oûr power and jurisdiction, other Act in : Parts II and e) Act 7987 a r the Court or t' , rthe Court r, or by words jurlsdiction, the Court in rstanding that hority in the Judge as the d to hear and rt the deter- t appeal, but be final or determination Supreme Court (Rul-es of Procedure) 13. CONSTITUTION SectionllofthePrincipalActisamended- (a) by omitting sulsections (1) and slbstituting tht followíng: " (1) The court consists of the Judges Master. fiì (2) and and the rI ,'(2) The Court shall Judges' or, in a case where îtã?-1. maY be constituted "iiaittg ""á exercising the and be constituted bY a Judge .or-án -ect or the Rules Provide bv the llaster, bY the Ìlaster '"joü"¿i"tio" of the Court'rt; (b) bY omitting subsection (3) ' 14. EXERCISE OF JURISDICTION Section 15 of the Princípal Act is amended - (a) by omitting from paragtaph (b) t'sitting in Courtt'; and (b) by omítting "paragraph (c)"' 15. REPEAL Section 16 of the Prlncipal Act is repealed' \6, FULL COURT Section 2L(2) of the Principal Act 'ís amended by omirring "make" <1ttJi ";;;t;i*i ãï¿ substituting "made'r' I7. EXERCISE OF APPELLATE JURISDICTION Section 52 of the Principal Act is amended - (a) by omitting from s.ubsection (3) "sittíng in Court or inlChambersr'; and (b) bY omittíng subsection (4)' 18. INJUNCTIONS AND RECEIVERS Section 69(1) of the Prlncípal Act ís amended by omitting "a mandamus orr'' 19. CHANGE OF VENUE Sectíon 83(3) of the Principal Act is amended by omitting "to a Judge in Chambers" ' II{. 5 Supreme Court (Rules of Procedure) 20. AMENDMENT OF LITLITATION ACT The Limitation Act is amended bY Divisíon 2 of ParL ìtV, before section 49' ,,484. ABROGATION OF RULE TN WELDON V NEAL SCHEDULE f'ti ll'i " (1) If a court would relevant Period of linitatio in the còurt has commenced document in the Proceedlng, amendment to be made if it party to the Proceedíng woul t" prejudiced in the condu< defence in a way that could not be met by an adjournment' an award of costs or otherwise' " (2) This section does not apply to an amenclment in a proceedíng "o**á,,t"¿ before thå- Corunencement of this section. ". inserting in the following: Section 4 STATUTORY RULES AND REGULATIONS COMPRISING RULES OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA 1966 1967 1-97 0 r97 2 797 4 r97 4 L91 5 t97 8 1980 1981 L982 1,982 1983 1986 1986 1987 No, No. No. No. No. No. No. No, No. No. No, No. No. No. No, No. 178 L4 208 86 L02 103 r64 18 42 6 + 5t JJ 4 27 77 tl ()