Northern Territory Consolidated Acts

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PERSONAL INJURIES (CIVIL CLAIMS) ACT - SECT 13

Power to make Rules

13. Power to make Rules

(1) The Judges of the Supreme Court, or a majority of those Judges, may make rules for regulating and prescribing the following matters:

(a) the rights and obligation of the parties to a claim;

(b) the procedures to be followed by the parties to a claim before a proceeding is commenced;

(c) the practice and procedures to be followed in the Supreme Court in relation to a claim before a proceeding is commenced;

(d) the procedure for commencing a proceeding in the Supreme Court if a claim is not resolved under this Part;

(e) all matters incidental to or necessary or convenient to be prescribed in relation to the rights, obligations, practice and procedures referred to in paragraphs (a), (b), (c) and (d).

(2) The Chief Magistrate may make rules for regulating and prescribing the following matters:

(a) the practice and procedures to be followed in the Local Court in relation to a claim before a proceeding is commenced;

(b) the procedure for commencing a proceeding in the Local Court if a claim is not resolved under this Part;

(c) all matters incidental to or necessary or convenient to be prescribed in relation to the practice and procedures referred to in paragraphs (a) and (b).

(3) The Rules -

(a) are to be made in accordance with any processes and consultative requirements specified by the Regulations; and

(b) are to be consistent with this Act and the Regulations, promote the objects of this Act, and ensure that parties to a claim have sufficient information to assess liability and the amount of damages that may be payable to the claimant.

(4) The following rules apply in relation to a claim regardless of the court that has jurisdiction to determine the claim if a proceeding is commenced:

(a) a rule made under subsection (1)(a) or (b);

(b) a rule prescribing matters incidental to or necessary or convenient to be prescribed in relation to a rule referred to in paragraph (a).

(5) The following rules may (but need not) be included in the Supreme Court Rules :

(a) a rule made under subsection (1)(c) or (d);

(b) a rule prescribing matters incidental to or necessary or convenient to be prescribed in relation to a rule referred to in paragraph (a).

(6) A rule made under subsection (2) may (but need not) be included in the Local Court Rules .

(7) In this section -

"Judges of the Supreme Court" means Judges who are not acting or additional Judges of the Supreme Court.



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