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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 02:36)
Division 4 Distribution of business between Divisions of Supreme Court
1.16 Assignment of business to Divisions
(cf SCR Part 12, rule 1(1))
Proceedings in the Supreme Court—(a) under an Act or instrument referred to in Column 1 of Part 1 or 2 of Schedule 8, orare assigned to the Division of the Court referred to in Column 3 of that Part in respect of that Act, instrument or provision.(b) under a provision referred to in Column 2 of that Part in respect of such an Act or instrument,
1.17 Bulk transfers between Supreme Court Divisions
(cf SCR Part 14A, rule 7)
The Supreme Court may of its own motion, by a single order, direct that proceedings of a specified type be transferred between the Common Law Division and the Equity Division.
1.18 Assignment of business to Common Law Division
(cf SCR Part 12, rule 1(3))
The following proceedings in the Supreme Court are assigned to the Common Law Division—(a) proceedings for a debt arising under any Act (including any Commonwealth Act) by which any tax, fee, duty or other impost is collected or administered by or on behalf of the State or the Commonwealth,(b) proceedings on an appeal or application to the Court—(i) in respect of a decision of a public body (other than a court or tribunal) or public officer (other than an officer of a court or tribunal), or(ii) for the removal into the Court of any matter before a public body (other than a court or tribunal) or public officer (other than an officer of a court or tribunal),(c) proceedings on an appeal or application to the Court in respect of—(i) a decision of a public body constituted or established by or under a Commonwealth Act (other than a court exercising federal jurisdiction within the meaning of section 26 of the Acts Interpretation Act 1901 of the Commonwealth), or(ii) a decision of a person holding or acting in a public office under a Commonwealth Act (other than an officer of a court referred to in subparagraph (i)),(d) subject to section 53 of the Supreme Court Act 1970, proceedings that are not assigned to the Equity Division by these rules.
1.19 Assignment of business to Equity Division
(cf SCR Part 12, rule 5(b))
The following proceedings in the Supreme Court are assigned to the Equity Division—(a) proceedings on an application for a writ of habeas corpus ad subjiciendum in respect of a minor,(b) proceedings for orders for the custody of and access to minors,(c) proceedings on an appeal to the Court in a Division in proceedings between spouses (including husband and wife) or parent and child,(d) proceedings for orders under and provision by or under any Act that a debenture or bond issued by a corporation constituted by that Act, or a coupon annexed to that debenture or bond, has been lost or destroyed or defaced and directions by or under that Act for advertisement relating to that debenture, bond or coupon,(e) proceedings for orders under any provision made by or under any Act for the appointment of a receiver of the income of a corporation which is constituted by that Act and which makes default in payment to the holder of any debenture, or coupon, issued or stock inscribed by that corporation,(f) proceedings in relation to any provision in any Act or Commonwealth Act by which a tax, fee, duty or other impost is levied, collected or administered by or on behalf of the State or the Commonwealth (other than proceedings for debt that are assigned to the Common Law Division by rule 1.18(a)).
1.20 Declarations of right and injunctions
(cf SCR Part 12, rule 3)
Proceedings need not be assigned to the Equity Division solely because a declaration of right or an injunction is claimed in the proceedings.
1.21 Removal to Court of Appeal
(cf SCR Part 12, rule 2)
(1) The Supreme Court in a Division may, in relation to proceedings commenced in the Division, make an order that the proceedings be removed into the Court of Appeal—(a) if it makes an order under rule 28.2 for the decision of a question of law, or(b) if, having stated the question to be decided or determined, it is satisfied that special circumstances exist that render it desirable to make an order for their removal into the Court of Appeal.(2) If an order is made under subrule (1)—(a) the Court of Appeal may order that the whole or any part of the proceedings be remitted to a Division for the determination, by trial or otherwise, of the proceedings or of any question arising in the proceedings, or(b) the proceedings may be continued and disposed of in the Court of Appeal.(3) Proceedings may be removed into the Court of Appeal under subrule (1) even if any decision or determination in the proceedings is expressed by any Act or law to be final or without appeal.(4) In this rule, question includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.