STATUTORY RULES.

1951. No. 4.

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HIGH COURT OF AUSTRALIA.

Rule of Court.*

(As of Thursday, the 18th day of January, 1951.)

PURSUANT to the Judiciary Act 1903-1950 and to all other powers thereunto enabling, it is ordered as follows:—

1. That Part I. of the Rules of Court be amended in the manner hereinafter appearing, that is to say :—

(A) Order I. is amended by substituting in Rules 3 and 4 for the words “ one mile ” the words “ two miles ” wherever occurring.

(B) Order XXXV. is amended—

Title of affidavits.

(i) by inserting in Rule 2 after the word “ pending ” the words “ and shall bear the number thereof ”;

(ii) by inserting after Rule 3 the following rule:—

Before whom sworn.

“ 3a. Affidavits shall be sworn before a Justice, Registrar, Commissioner or officer empowered to administer oaths, Notary Public or Justice of the Peace, whose title and the date when and the place where the affidavit was sworn shall appear in the jurat.” ;

Jurat.

(iii) by omitting from Rule 6 the words “ signed and ”, and all the words after the words “ where it was sworn ”;

Affidavits by two or more deponents.

(iv) (a) by omitting from Rule 7 the word “ persons ” and inserting in its stead the word “ deponents ”; and

(b) by omitting from Rule 7 the words “ by the same officer ” and inserting in their stead the words “ before the same person ”;

Amendment of Rules 8 and 9.

(v) (a) by omitting from Rule 8 the word “ officer ” (whenever occurring) and inserting in its stead the word “ person ”; and

(b) by substituting in Rule 9

(i) the word “ deponent ” for the word “ person ”,

(ii) the words “ the person before ” for the words “ the officer before ”,

(iii) the words “ that person shall ” for the words “ the officer shall ”, and

(iv) the words “ of that person ” for the words “ of the officer ”;

* Notified in the Commonwealth Gazette on 22nd February, 1951.

470.—Price 3d.

(vi) by inserting after Rule 10 the following rule :—

Use of figures.

“ 10a. In affidavits for use in Court or in Chambers, dates and sums of money shall be written or printed in figures instead of words.”;

Amendment of Rule 11.

(vii) by inserting in Rule 11 after the word “ deponent ” the words “, the date of swearing ”;

(viii) by amending Rule 14—

Certificate on exhibits.

(a) by omitting the words “ sheet of an annexure or ”;

(b) by omitting the word “ officer ” and inserting in its stead the word “ person ”; and

(c) by omitting the words “, and signed by the deponent ”; and

(ix) by inserting after Rule 18 the following rule:—

Exhibits.

“ 19. Documents referred to in an affidavit shall not be annexed to the affidavit or referred to in the affidavit as annexed, but shall be referred to as exhibits.”.

(C) Order LI. is amended—

Copy petition and affidavits to be delivered to Commissioner.

(i) by inserting in Rule 10 before the words “ shall be ” the words “ and of each affidavit intended to be used on the hearing of the petition ”;

(ii) by adding at the end of Rule 10 the words “ or affidavit as the case may be ”; and

(iii) by repealing Rule 11 and inserting the following rule in its stead :—

Notice of hearing.

“ 11. At least seven days before the day appointed the petitioner shall give notice in writing of the day and place appointed by a Justice for hearing the petition to the Commissioner of Patents and any caveator, and shall file in the Registry a copy of the said notice.”.

(D) Order LIII. is amended—

(i) by inserting in Rule 1 the word “ Saturdays,” before the word “ Sundays ”; and

(ii) by inserting in Rule 2 the word “ Saturday,” before the word “ Sunday ”, wherever occurring.

(E) Order LVI. is amended by omitting from Rule 4 the words “ the Birthday of the Heir Apparent ” and inserting in their stead the words “ and in the case of a Registry in any State or Territory any day which is a public or a bank holiday in that State or Territory ”.

(F) Order LVII. is amended—

(i) by repealing Rule 5 and inserting the following rule in its stead :—

Meaning of Registrar.

“ 5. The term Registrar in these Rules means the Principal Registrar and includes a District Registrar, Deputy Registrar or other officer discharging the duties of Principal Registrar, District Registrar or Deputy Registrar.”;

(ii) by omitting paragraph 1 of Rule 12 and inserting the following paragraph in its stead :—

Printed documents.

“ 1. The document shall be printed on cream wove foolscap writing paper of durable quality to the satisfaction of the Registrar with an inner margin about three-quarters of an inch wide, and an outer margin about an inch and a half wide, and every tenth line shall be numbered in the margin.”; and

(iii) by adding at the end thereof the following rule :—

Consent orders.

“ 16. Upon the written consent of the parties or their solicitors being filed in the Registry, a Justice may direct the Registrar to draw up, sign and seal an order which shall state that it is made by consent and shall be of the same force and validity as if it had been made after a hearing by the Court or a Justice.”

2. That Part II. of the Rules of Court be amended in the manner hereinafter appearing, that is to say :—

(A) Rules 15 and 16 of Section I. are repealed and the following Rules are inserted in their stead :—

Lodging of transcripts.

“ 15. (1) Five days at least before the commencement of the sitting for which the notice of appeal is given the appellant shall, unless otherwise ordered, lodge in the Registry situated in the place where the appeal is to be heard seven copies or such lesser number as the Registrar may direct of the Justice’s notes taken at the hearing including the notes of evidence, if any, and also a copy of the pleadings, if any, and of such other documents as may be necessary for the purposes of the appeal, and shall also serve three copies thereof upon each of the parties directly affected by the appeal or upon their solicitors. The cost of copies of unnecessary documents will not be allowed.

Settlement of index and transcript.

16. The appellant shall file in the Registry in which the appeal is pending a draft index of the transcript of all such documents as are required on the hearing of the appeal, and serve upon each of the parties directly affected by the appeal or upon their solicitors a copy of the draft index with an appointment before the Registrar in writing endorsed thereon for the purpose of settling the index and the transcript.

Preparation of transcripts.

16a. The transcript shall be reproduced by printing, roneograph or some other multigraphing process which gives uniform facsimile pages of clear sharp and legible type upon fair paper of good quality and capable of receiving ink writing and to the satisfaction of the Registrar.”.

(B) Rules 18 and 19 of Section III. are repealed and the following Rules are inserted in their stead :—

Lodging of transcripts.

“ 18. Five days at least before the day for which the appeal is set down for hearing the appellant shall, unless otherwise ordered, lodge in the Registry situated in the place where the appeal is to be heard seven copies or such lesser number as the Registrar may direct of the transcript of documents referred to in Rule 14 of this Order, and shall also serve three copies of such transcript upon each of the parties directly affected by the appeal or upon their solicitors. Persons suing or defending jointly shall be deemed a single party for the purpose of this Rule.

Reproduction of transcripts.

19. The transcript shall be reproduced by printing, roneograph or some other multigraphing process which gives uniform facsimile pages of clear sharp and legible type upon fair paper of good quality and capable of receiving ink writing and to the satisfaction of the Registrar.”.

J. G. LATHAM, C.J.

OWEN DIXON, J.

EDWARD A. McTIERNAN, J.

(l.s.) D. WILLIAMS, J.

W. F. WEBB, J.

W. K. FULLAGAR, J.

F. W. KITTO, J.

J. G. Hardman, Principal Registrar.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.