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MAGISTRATES COURT ACT 1991 - SECT 49

MAGISTRATES COURT ACT 1991 - SECT 49

49—Rules of Court

        (1)         Rules of the Court may be made—

            (a)         regulating the business of the Court and the duties of the various officers of the Court; and

            (b)         regulating the custody and use of the Court's seals; and

            (ba)         regulating the making of bail applications, including limiting the making of bail applications to the Court in circumstances where the application may be made to another court; and

            (c)         regulating the practice and procedure of the Court (including in its appellate jurisdiction); and

            (ca)         imposing mutual obligations on parties to proceedings in the Court to disclose to each other the contents of expert reports or other material of relevance to the proceedings before the proceedings are brought to trial; and

            (cb)         regulating the referral of an action or issues arising in an action to mediation or arbitration, the conduct of mediations or arbitrations or the referral of questions for investigation and report by an expert; and

            (d)         regulating the form in which evidence is taken or received by the Court; and

            (da)         empowering the Court

                  (i)         to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the Court; and

                  (ii)         to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and

                  (iii)         if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party; and

            (e)         regulating costs; and

            (f)         dealing with any other matter necessary or expedient for the effective and efficient operation of the Court.

        (2)         Rules of the Court may be made by the Chief Magistrate and any two or more other Magistrates.

        (3)         Rules of the Court take effect from the date of publication in the Gazette or some later date specified in the rules.