Rules of the Supreme Court 1971

These rules shall take effect on 14 February 1972.

A proceeding pending, and a judgment, decree or order given or made before the commencement of these rules, being of a kind to which these rules apply, shall be treated as if pending, given or made under these rules, and may be proceeded with, enforced, varied, reversed or otherwise dealt with accordingly, subject to any special order or direction made or given by the Court in any particular case.

Subject to the provisions of this Order, these rules shall have effect in relation to all proceedings in the Supreme Court.

These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the 2nd column of that Table) —

These rules, save as expressly provided, shall not apply to —

any criminal proceedings;

matters of practice or procedure or other matters to which rules of court made pursuant to a power conferred by any Act of the Commonwealth, apply.

In the case of proceedings mentioned in subrules (2) and (3), nothing in those subrules shall be taken as affecting any provision of any rules (whether made under the Act or any other Act) by virtue of which the rules of the Supreme Court or any provisions thereof are applied in relation to any of those proceedings.

In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely —

ambassador; and

high commissioner; and

minister; and

head of mission; and

commissioner; and

chargé d’affaires; and

counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post; and

consul‑general; and

consul; and

vice‑consul; and

trade commissioner; and

consular agent;

a document that —

has been filed with the Court; and

has not been refused by the Court; and

has been officially recorded by the Court as having been filed;

any other document officially recorded by the Court as being a filed document;

where any duty to be discharged under any Act or these rules is a duty which has heretofore been discharged by any officer, such officer shall unless otherwise provided by these rules continue to be the proper officer to discharge the same;

where under any Act or these rules any new duty is to be discharged, the proper officer to discharge the same shall be the officer directed by these rules, or if no such officer, such other officer as may from time to time be directed by the Chief Justice to discharge the same;

when any doubt arises as to who is the proper officer to discharge any duty the Chief Justice may direct by what officer such duty is to be discharged;

any forms, fees and costs referred to in these rules; and

any other rules of court, forms, fees and costs made or prescribed in amendment of, or in addition to, these rules;

Actions, causes and matters in the Court will, to the extent that the resources of the Court permit, be managed and supervised in accordance with a system of positive case flow management with the objects of —

promoting the just determination of litigation; and

disposing efficiently of the business of the Court; and

maximising the efficient use of available judicial and administrative resources; and

facilitating the timely disposal of business; and

ensuring the procedure applicable, and the costs of the procedure to the parties and the State, are proportionate to the value, importance and complexity of the subject matter in dispute; and

that the procedure applicable, and the costs of the procedure to the parties, are proportionate to the financial position of each party.

These rules are to be construed and applied and the processes and procedures of the Court conducted so as best to ensure the attainment of the objects referred to in subrule (1).

The forms in Schedule 2 shall be used where applicable with such variations as the circumstances of the particular case require, and the reference to any form in or at the end of any rule shall be read as referring to the appropriate Form in Schedule 2 and as a direction to use that Form for the purpose indicated by the rule.

For the purposes of the Restraining Orders Act 1997, the forms set out in the Magistrates Court (Civil Proceedings) Rules 2005 Schedule 1, as in force on 25 November 2017, are prescribed (with any necessary changes) in relation to the matters specified in those forms.

Where a form is in parts, then only those parts of the form that are relevant, taking into account the part heading, need be used for a particular copy of the form, or for a particular purpose.