51Application of Part

51 Application of Part

51.1 Application of Part

(cf SCR Part 51, rule 3)

(1) This Part applies to any proceedings (whether or not appeal proceedings) that are assigned to the Court of Appeal.

Note 1.

Part 50 applies to appeals to the Supreme Court that are not assigned to the Court of Appeal under the Supreme Court Act 1970. See rule 50.1(a).

Note 2.

References in this Part to proceedings in the Court generally are references to any proceedings in the Court (including appeal proceedings), except in so far as the context or subject-matter otherwise indicates or requires.

(2) Subject to any relevant practice note, this Part extends to proceedings in the Court commenced before 1 January 2008.

Note.

Section 14 of the Civil Procedure Act 2005 also provides that, in relation to particular civil proceedings, a court may, by order, dispense with any requirement of rules of court if satisfied that it is appropriate to do so in the circumstances of the case.

(3) Subject to this Part, the other provisions of these rules apply, so far as applicable, to proceedings in the Court.

(4) For the avoidance of doubt, the rules referred to in subrule (3) have effect subject to the following modifications—

(a) a reference to a plaintiff includes a reference to a person who commences proceedings in the Court (whether as an appellant or otherwise),

(b) a reference to a defendant includes a reference to a respondent (or cross-respondent) in proceedings in the Court,

(c) a reference to an originating process includes a reference to a notice of appeal or notice of cross-appeal,

(d) such other modifications as are necessary.

rule 51.1: Ins 2007 (448), Sch 1 [1].