(a) the rules dated 23rd April 1856, regulating the procedure and practice of
the Court in its Common Law Jurisdiction;
(b) the general orders and the rules of the Supreme Court in its Equity
Jurisdiction, dated 7th April 1864;
(c) the rules dated 19th November 1878, regulating the procedure and practice
in the Supreme Court in Matrimonial Causes;
(d) the rules dated 14th April 1921, and 20th December 1929 respectively, made
under the provisions of the Companies Act 1920 ; and
(e) all other orders, rules, and regulations of the Court regulating the
procedure or practice of the Court in any part of the jurisdiction of the
Court which is subject to this Act –
to the extent that the same are
inconsistent with this Act or the Rules of Court , are hereby abrogated;
(f) the rule dated 7th May 1918, regulating the taking of exceptions to the
directions given by a judge to a jury, is hereby absolutely abrogated as to
all courts;
(g) all orders, rules, and regulations of the Court fixing or prescribing the
fees and percentages to be taken in the Court or by any officer thereof, in
respect of any proceeding (whether original or on appeal) in any part of the
jurisdiction of the Court which is subject to this Act, and all orders, rules,
and regulations of the Court fixing or prescribing the fees and allowances to
be payable to practitioners of the Court in respect of any such proceeding are
hereby absolutely abrogated.
(2) The procedure and practice of the Supreme Court in all contentious
causes and matters which before the commencement of this Act were within the
ecclesiastical jurisdiction of the Court shall be regulated by the Rules of
Court for the time being in force under this Act so far as the same extend and
are applicable to such causes and matters, but, so far as the same do not
extend to such causes and matters, the rules now in force regulating the
procedure and practice in the ecclesiastical jurisdiction of the Court shall
be applied.
(3) Subject to the Admiralty Act 1988 of the Commonwealth and the Rules
made under section 41 of that Act, the procedure and practice of the Supreme
Court in admiralty causes and matters shall be regulated by the Rules of Court
for the time being in force under this Act.
(4)
. . . . . . . .
(5) Nothing in the preceding subsections of this section contained shall
affect –
(a) any practice of the Court, or any usage of, or in, or connected with any
of the offices of the Court or the officers thereof, which originated in, or
was sanctioned by, any of the rules or orders hereby abrogated, except so far
as the same may be inconsistent with the Rules of Court in force for the time
being under this Act; or
(b) any action, suit, cause, matter, or proceeding duly begun, or any appeal
pending, before the commencement of this Act; and all such actions, suits,
causes, matters, proceedings, and appeals shall be proceeded with and
completed in the same form and manner as if this Act had not passed.
