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MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 14

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 14

14 .         Rules of court to set out procedure etc.

        (1)         The procedure to be followed in a case is that set out in rules of court unless another written law provides otherwise.

        (2)         Without limiting section 48(1), the rules of court may —

            (a)         provide when and in what circumstances the Court will or may exercise a case management power;

            (b)         require a person to do anything that the Court could require the person to do under such a power.

        (3)         A case management power must be exercised in accordance with any applicable rules of court.

        (4)         The Court must not exercise a case management power if to do so would be contrary to this Act or another written law.

        (5)         If the procedure to be followed in a case is not set out in rules of court, this Act or another written law, the procedure is to be that decided by the Court for the purposes of the case.

        (6)         The Court may decide that the procedure set out in rules of court to be followed in a case is not appropriate for the case, in which case the procedure is to be that decided by the Court.

        [Section 14 amended: No. 5 of 2008 s. 76.]