Contents (1970 - 01)
Supreme Court Rules 1970
Part 60 Associate Judges
Division 1 General
In this Part decision includes a judgment, order, opinion, direction, determination or certificate.
(1) An associate Judge may exercise the powers of the Court:(a) under the provisions of the Acts and regulations and Acts and regulations of the Commonwealth mentioned in column 1 of Part 1 of Schedule D,(b) subject to subrule (4), under provisions of any of the following rules of court (the relevant rules):(i) these rules,(ii) the Supreme Court (Corporations) Rules 1999,(iii) the Uniform Civil Procedure Rules 2005,(c) in respect of the matters mentioned in Part 3 of Schedule D and in Part 2 of Schedule E.(2) The matter in column 2 of Parts 1 and 2 of Schedule D is inserted for convenience of reference only and does not affect the operation of the relevant rules.(3) In relation to any provision mentioned in column 1 of Part 1 of Schedule D, subrule (1) (a) has effect subject to the restriction (if any) appearing beside that provision in column 3.(4) An associate Judge may not exercise the powers of the Court under any of the provisions of the relevant rules mentioned in column 1 of Part 2 of Schedule D except to the extent (if any) specified opposite that provision in column 3.(4A) (Repealed)(5) In proceedings commenced before 1 July 1972, an associate Judge may exercise any power formerly exercisable by the Prothonotary.(6) An associate Judge may exercise the powers of the Court for the purposes of, and in respect of all matters incidental to, the exercise of his powers under subrule (1) or under any Act or regulation or under any other provision of the relevant rules.(7) The generality of the powers granted by subrule (6) shall not be restricted by reason of the grant under subrule (1) of specific powers.
2 Distribution of business
Where there are two or more associate Judges in a Division, the distribution of business amongst the associate Judges shall, subject to any direction of the Court, be by direction of the senior associate Judge present.
3 Judgment or order
An associate Judge shall, on the disposal of any matter before him, give such judgment or make such order as the nature of the case requires, except where, by the rules or by any judgment or order, he is required to state his determination in a certificate or in some other manner.
(1) An associate Judge may give a certificate as to any matter arising or decision made in the course of proceedings before him.(2) Where proceedings are before an associate Judge pursuant to a judgment or order, the certificate of the associate Judge shall refer to so much only of the judgment or order as is necessary to show upon what the determination of the associate Judge is founded.cf RSC (Rev) 1965, O 44, r 21 (2).(3) The certificate of an associate Judge shall not refer to documents or evidence except so far as is necessary to show upon what the determination of the associate Judge is founded.cf RSC (Rev) 1965, O 44, r 21 (2).(4) The certificate of an associate Judge shall not, except where necessary, set out the reasons for the determination of the associate Judge.cf RSC (Rev) 1965, O 44, r 21 (2).(5) The certificate of an associate Judge as to an account taken under a judgment or order shall:(a) specify, by reference to the numbers of the items in the account, the items (if any) disallowed or varied, and(b) specify the additions (if any) by way of surcharge or otherwise.cf RSC (Rev) 1965, O 44, r 21 (3).(6) This rule does not apply where any proceedings, question or issue are or is referred to an associate Judge under Part 72 rule 2 (which relates to reference to an arbitrator etc).
Divisions 2, 3
Division 4 Appeal to the Court of Appeal
17 Cases for appeal
An appeal shall lie to the Court of Appeal in accordance with section 101 and 103 of the Act, subject however to the leave of the Court of Appeal in any case to which subsections (2) and (4) of section 101 apply, from any decision of the Court in a Division constituted by an associate Judge:(a) upon a trial pursuant to Schedule D Part 3 paragraphs 1, 2, 3, 3A, 4 (a), 8, 9, 17, 17A, 24, 25, 26, 27 and 28,(a1) in proceedings referred pursuant to Schedule D Part 3 paragraphs 5, 5A and 5B,(b) in proceedings under the provisions (except sections 13 to 21 inclusive, which relate to guardianship) of the Testator’s Family Maintenance and Guardianship of Infants Act 1916,(c) in proceedings under section 14 or section 22 of the Married Persons (Property and Torts) Act 1901,(d) in proceedings under the Family Provision Act 1982,(e) in proceedings under the Property (Relationships) Act 1984,(f) in proceedings on an application for review of taxation of costs,(g) in proceedings under section 208L or section 208M or section 208N of the Legal Profession Act 1987,(h) in proceedings under section 13 of the Married Persons (Equality of Status) Act 1996,(i) in proceedings determining a question of costs with respect to a matter that has been otherwise finalised,(j) on an application to extend a period of limitation, fixed by or under an enactment, within which original proceedings must be brought, or(k) where the decision of the associate Judge is a final decision other than:(i) a decision on an application for a summary judgment, or(ii) a decision on an application for a summary dismissal of proceedings.