Australian Capital Territory Consolidated Acts

SUPREME COURT ACT 1933 - SECT 36

    (1)     The resident judges or any 2 of the resident judges may make rules of court, not inconsistent with this or any other Act, with regulations under this Act or any other law of the Territory—

        (a)     for regulating and prescribing—

              (i)     the practice and procedure, including the method of pleading, to be followed in the court and in the offices of the court; and

              (ii)     all matters and things incidental to or relating to any such practice and procedure or necessary or convenient to be prescribed for the conduct of any business of the court; and

        (b)     for prescribing any matter or thing that is, by or under the Corporations Law, required or permitted to be prescribed by regulation under that law; and

        (c)     for prescribing anything that is, under the Administration and Probate Act 1929 , required or permitted to be prescribed for carrying out or giving effect to that Act; and

        (d)     for prescribing the qualifications for the admission of persons as legal practitioners of the court; and

        (e)     for prescribing any matter or thing that is, by this Act, by any other Act or by any ordinance, required or permitted to be prescribed by rules of court.

    (2)     In particular the rules of court may provide—

        (a)     for the places of sitting of the court; and

        (b)     for the service and execution of the process of the court including how and the extent to which the process of the court may be served and executed out of the jurisdiction of the court; and

        (c)     for the execution of the judgments of the court; and

        (d)     for the service and execution in the Territory, in accordance with any treaty or convention to which the Commonwealth is a party, of the process of any court of a State or of another Territory or of any foreign court; and

        (e)     for the issue by the court of letters of request for the service in any foreign country of any process of the court; and

        (f)     for regulating any matters relating to the costs of proceedings in the court; and

        (g)     for regulating the means by which particular facts may be proved and the mode in which evidence of them may be given in any proceedings, or on any application in connection with, or at any state of, any proceedings; and

        (h)     for the time of instituting appeals in the Court of Appeal, and how they are instituted.

    (3)     The rules of court may provide for or with respect to—

        (a)     the proceedings, or questions or issues of fact or law arising in proceedings, that may be referred by the court to an arbitrator or referee for determination or for inquiry and report; and

        (b)     the appointment of a judge, the master, the registrar or other officer of the court or other person as an arbitrator or referee; and

        (c)     the fees to be paid to an arbitrator or referee; and

        (d)     the persons by whom such a fee, or part of such a fee, is payable; and

        (e)     the consequences of a determination or report by an arbitrator or referee; and

        (f)     how a determination or report may be called in question; and

        (g)     whether or not, or to what extent, a determination or report may be called in question on a matter of fact or law; and

        (h)     the provision of the services of officers of the court and the provision of courtrooms and other facilities for the purpose of a reference to an arbitrator or referee; and

              (i)     any other matters associated with a reference.