SUPREME COURT ACT 1970 - SECT 124
Rule-making power
SUPREME COURT ACT 1970 - SECT 124
Rule-making power
124 Rule-making power
(1) Any rules may be altered or added to or rescinded, and any further or
additional rules may be made, by the Rule Committee for the purpose of
carrying this Act into effect and, without limiting the generality of the
foregoing, for the following purposes--
(a) for regulating and prescribing the
procedure (including the method of pleading) and the practice to be followed
in the Court in all proceedings in, or with respect to which, the Court has
for the time being jurisdiction (including the procedure and practice to be
followed in the offices of the Court), and any matters incidental to, or
relating to, any such procedure or practice, including the manner and time of
making any applications which under this or any other Act, or under any
Imperial Act or Commonwealth Act, are to be made to the Court,
(b) for
regulating and prescribing the form and contents of any case stated to the
Court by or from any court or person and the time within which and the manner
in which proceedings thereon are to be instituted in the Court and the
practice and procedure thereafter to be followed in the Court and the
notification of the decision of the Court,
(c) for regulating and prescribing
the practice and procedure to be followed in connection with the institution
of any appeal from any inferior court or from any person to the Court,
including the time within which, and the manner in which, the appeal is to be
instituted, and the practice and procedure thereafter to be followed in the
Court,
(d) for regulating and prescribing the practice and procedure to be
followed in connection with the transfer of any proceedings from any inferior
court to the Court or from the Court to any inferior court, and for the
co-ordination or expedition of any such transfers, and, where proceedings are
transferred to the Court, the practice and procedure thereafter to be followed
in the Court,
(e) for regulating and prescribing any matter which, under any
Act or Imperial Act, may be regulated or prescribed by rules of the Court or
by rules made by the Judges or any Judges or the Chief Judge in Equity or any
other Judge identified by description of his or her office or the Judges of
Appeal or any Judges of Appeal,
(f) for altering, adding to or rescinding any
rules in force immediately before the commencement of this Act, which regulate
or prescribe any matter which, under any Act or Imperial Act, might,
immediately before the commencement of this Act, be regulated or prescribed by
rules of the Court or by rules made by the Judges or any Judges or the Chief
Judge in Equity or any other Judge identified by description of his or her
office or the Judges of Appeal or any Judges of Appeal,
(g) for providing for
the regulation of the sittings and order of business of the Court and the
regulation of the vacations and holidays to be observed by the Court and in
the offices of the Court,
(h) for prescribing what powers of the Court may be
exercised by any of the associate Judges, acting associate Judges, registrars
and other officers of the Court,
(j) for regulating any matters relating to
the costs of proceedings in the Court and, in particular, prescribing,
limiting or otherwise affecting the costs recoverable in any action or
proceedings that the Court considers might properly have been dealt with in an
inferior court,
(l) for prescribing means for, and the practice and procedure
to be followed in, the enforcement and execution of judgments and orders,
(m)
for regulating the means by which particular facts may be proved, and the mode
in which evidence may be given (including the administration of oaths to and
the taking of the evidence of witnesses in or out of New South Wales), in any
proceedings, or on any application in connection with, or at any stage of, any
proceedings,
(ma) for prescribing matters relating to expert evidence,
including the disclosure, by the furnishing of copies of reports or otherwise,
of the nature of expert evidence to be given, and including the exclusion of
expert evidence in case of non-compliance with the rules relating to expert
evidence or with any order for disclosure of the nature of expert evidence,
(n) for prescribing the cases in which security may be required, and the form
of such security, and the manner in which, and the person to whom, it is to be
given,
(o) for regulating and prescribing any matter concerning or in
relation to which provision was made by the rules set out in the Fourth
Schedule to this Act when it commenced,
(r) for regulating the payment or
transfer into or out of Court and, subject to the consent of the Treasurer,
the custody, management and investment of moneys, securities and effects, and
(s) for prescribing and regulating the duties of the associate Judges, acting
associate Judges, registrars and other officers of the Court in relation to or
for the purpose of any proceedings.
(2) The rules may make provision for or
with respect to--
(a) the cases in which the whole of any proceedings or any
question or issue arising in any proceedings may be referred by the Court to
an arbitrator or referee for determination or for inquiry and report,
(b) the
appointment of a Judge, associate Judge, registrar or other officer of the
Court or other person as an arbitrator or referee,
(c) the fees to be paid to
such an arbitrator or referee,
(d) the persons by whom the whole or any part
of any such fees are payable,
(e) the consequences of a determination or
report by an arbitrator or referee,
(f) the manner in which such a
determination or report may be called in question,
(g) whether or not, or to
what extent, a determination or report may be called in question on a matter
of fact or law,
(h) the provision of the services of officers of the Court
and the provision of court rooms and other facilities for the purpose of a
reference of any proceedings or any question or issue arising in any
proceedings to an arbitrator or referee, and
(i) any other matters associated
with such a reference.
(3) The rules may make provision for or with respect
to the assignment of proceedings to the Court of Appeal or a Division. The
assignment by the rules of any proceedings to the Court of Appeal or any
Division has effect despite any contrary provision of this or any other Act or
law.
(4) The rules may authorise an associate Judge to punish contempt in the
face of the Court or in the hearing of the Court where the Court is
constituted by that associate Judge and to punish the breach of an undertaking
given to the Court constituted by that associate Judge, but otherwise the
rules shall not authorise an associate Judge, registrar or other officer to
make an order for the committal, attachment or arrest of any person.
(5)
Where the rules rescind a rule by which a previous rule was rescinded, then,
unless the contrary intention appears, the previous rule shall not be revived.
(6) Where the rules rescind or amend a previous rule, then, unless the
contrary intention appears, the rescission or amendment shall not revive
anything not in force or existing immediately before the rescission or
amendment takes effect.
(7) After the commencement of this Act no power by
any Act or Imperial Act conferred upon the Judges or any Judge or the Chief
Judge in Equity or any other Judge identified by description of his or her
office or the Judges of Appeal or any Judges of Appeal to make rules as to any
matter shall be exercised otherwise than by the Rule Committee making in
respect of that matter rules under and in accordance with this Act.
(8) Rules
made by the Rule Committee under this Act shall, so far as inconsistent with
rules made (whether before or after the commencement of this Act) under any
other Act or under any Imperial Act, prevail over the latter rules while the
inconsistency exists.
(9) This section does not give power to make rules with
respect to any matter for which Admission Rules may be made under the Legal
Profession Uniform Law (NSW) .
(10A) This section does not give power to
make rules in terms inconsistent with those of the uniform rules under the
Civil Procedure Act 2005 unless the uniform rules expressly permit rules
under this section to be made in those terms.
(10B) 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.
(10C) The rules made under this
section may provide for the exercise by a registrar or other officer of the
Court of any of the Court's administrative or judicial functions under this or
any other Act and for the review by the Court of the exercise by a registrar
or other such officer of any such function.
(11) A practice note (including
any other document, however described, which regulates the practice or
procedure of the Court, any Division of the Court or of any class of
proceedings in the Court, but excluding a decision of the Court) issued by or
on behalf of the Court must be published in the Gazette.
