MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 48

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 48

48 .         Rules of court, content

        (1)         The rules of court may regulate the practice and procedure to be followed in the Court and its registries, either generally or in relation to particular cases or to the exercise by the Court of any particular aspect of its civil jurisdiction.

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

            (a)         subject to any regulations made for the purposes of the Magistrates Court Act 2004 section 7(2) prescribe the cases that may be dealt with by the Court when constituted by other than a magistrate;

            (b)         regulate where and how cases are to be commenced, defended and conducted;

            (c)         provide for a claim for the recovery of possession of real property to be made where the person seeking possession does not know the name of the person in possession;

            (d)         provide for the procedure in cases involving members of partnerships or persons under a legal disability or claims by or against multiple persons;

            (e)         require parties or their lawyers to verify or certify the truth and correctness of documents lodged with the Court by means of a statement on oath or a statutory declaration or otherwise;

            (f)         regulate the lodging of documents with the Court and the service of documents on parties and others;

            (g)         provide for bringing documents to the notice of a person without serving the document on the person;

            (h)         regulate the conduct and management of cases before they are tried;

                  (i)         regulate the trial of cases;

            (j)         regulate how and when applications in the course of the proceedings in a case are to be made;

            (k)         provide for payments into court and the consequences of doing so;

            (l)         regulate the form in which evidence may be taken or received by the Court;

            (m)         provide for when a document disclosed by a party may be admitted into evidence without formal proof of the document;

            (n)         regulate the referral by the Court of claims to, and payment of, mediators and experts;

            (o)         provide for the rehearing or review by a magistrate of a decision made by the Court when constituted by other than a magistrate;

            (p)         require a party to provide security for costs that may be payable by the party;

            (q)         regulate the making of orders as to costs and the determination of the amount of costs;

            (r)         provide for the forms to be used in the Court or for forms to be approved by the Chief Magistrate.