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.
2. 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specified in the Schedule (other than Orders 64 and 69, and the Second and Fourth Schedules to, those Rules) are repealed. (2) The Supreme Court (Justíces Appeals) Rules, comprísing Statutory Rules L969, No. 167, are repealed. 5.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