Division 1 Rules, practice notes and forms
(1) There is to be a Uniform Rules Committee comprising 12 members, of whom:(a) one is to be the Chief Justice of the Supreme Court or a Judge of the Supreme Court nominated for the time being by the Chief Justice, and(b) one is to be the President of the Court of Appeal or a Judge of Appeal nominated for the time being by the President, and(c) two are to be Judges of the Supreme Court appointed by the Chief Justice, and(c1) one is to be the Chief Judge of the Land and Environment Court or a Judge nominated for the time being by the Chief Judge, and(c2) one is to be the President of the Industrial Relations Commission or a judicial member of the Commission (within the meaning of the Industrial Relations Act 1996) nominated for the time being by the President, and(d) one is to be the Chief Judge of the District Court or a Judge of the District Court nominated for the time being by the Chief Judge, and(e) one is to be a Judge of the District Court appointed by the Chief Judge, and(f) one is to be the Chief Magistrate or a Magistrate nominated for the time being by the Chief Magistrate, and(g) one is to be a Magistrate appointed by the Chief Magistrate, and(h) one is to be a barrister appointed by the Bar Council, and(i) one is to be a solicitor appointed by the Law Society Council.(2) Schedule 2 has effect with respect to the constitution and procedure of the Uniform Rules Committee.
(1) The Uniform Rules Committee may make rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act.(2) Without limiting subsection (1), rules under this section may make provision, in relation to all civil proceedings in respect of which a court has jurisdiction (however arising), for or with respect to the matters specified in Schedule 3.(3) On the commencement of this section, the rules set out in Schedule 7 are taken to have been made under this section, and may be amended and repealed accordingly.(4) The rules made under this section may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.(5) This section does not give power to make rules with respect to any matter for which rules may be made under section 38 of the Legal Profession Act 2004 or any matter relating to costs that is regulated by Part 3.2 of that Act.(6) This section does not limit the operation of section 78 of the Interpretation Act 1987.
10 Rules of court taken to include uniform rules
(1) Rules of court are taken to include the uniform rules to the extent to which they are applicable in that court.(2) Subsection (1) does not authorise the person or body having power to make local rules to amend or repeal a uniform rule in its application to that court.
11 Relationship between uniform rules and local rules
(1) The uniform rules prevail over any provision of any local rules unless the uniform rules expressly provide that the provision of the local rules is to prevail.(2) One rule prevails over another, as referred to in subsection (1), to the extent only of any inconsistency between them.
12 Officers of the court may exercise functions conferred by uniform rules
Without limiting any other functions he or she may exercise, a registrar or other officer of any court may exercise any function conferred on such an officer by the uniform rules.
13 Officers of the court may be authorised to exercise court’s functions
(1) The senior judicial officer of any court may, by instrument in writing:(a) direct that any function of the court under this Act or any other Act or law in respect of which the court has jurisdiction (including any rules of court) may be exercised by such registrars or other officers of the court, and in such circumstances and subject to such conditions, as are specified in the instrument, and(b) vary or revoke any such instrument.(2) This section does not limit any provision of the Act by which the court is constituted with respect to the exercise of the court’s functions.
14 Court may dispense with rules in particular cases
In relation to particular civil proceedings, the 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.
(1) Subject to rules of court, the senior judicial officer of the court may issue practice notes for that court in relation to civil proceedings to which this Act applies.(2) A practice note must be published in the Gazette.(3) Sections 40 and 41 of the Interpretation Act 1987 apply to a practice note in the same way as they apply to a statutory rule.
16 Court may give directions in circumstances not covered by rules
(1) In relation to particular civil proceedings, the court may give directions with respect to any aspect of practice or procedure for which rules of court or practice notes do not provide.(2) Anything done in accordance with such a direction (including the commencing of proceedings and the taking of any step in proceedings) is taken to have been validly done.
(1) Subject to the uniform rules, the Uniform Rules Committee:(a) may approve forms for documents to be used in connection with civil proceedings, and(b) in the case of documents filed with a court, or issued by a court, by means of an ECM system within the meaning of the Electronic Transactions Act 2000, may approve the format in which such documents are to be filed or issued.(2) Copies of the approved forms are to be made available for public inspection at each registry of the court concerned and on the court’s internet website.(3) If a form is approved in relation to a document to be used in connection with proceedings in a court, a document that is filed with or issued by the court is to be in that form.Note. See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
(1) The Governor may make regulations for or with respect to the following matters:(a) the fees payable to a court in relation to the conduct of civil proceedings in the court, including fees for the following:(i) the filing or registration of any document in the court,(ii) the allocation of hearing dates,(iii) the conduct of hearings,(iv) the retention of juries,(v) the sealing or other authentication of any document that has been filed in the court,(vi) the issue of any document out of the court,(b) the fees payable in relation to proceedings referred to mediation under Part 4,(c) the fees payable in relation to proceedings referred to arbitration under Part 5,(d) the fees payable in relation to the examination of a judgment debtor by a registrar or other officer of the court under Part 8,(e) the fees payable in relation to the functions exercised by the Sheriff, whether under this Act or otherwise,(f) the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,(g) the waiver, postponement and remittal of fees.(2) Fees of the kind referred to in subsection (1) (a) or (d) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any civil proceedings to which any of the following persons or bodies is a party:(a) the Crown,(b) any Minister of the Crown,(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.(3) Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.(4) Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.