1990 No. 129*1* RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL
TERRITORY*2* (AMENDMENT)
*1* Notified in the Commonwealth of Australia Gazette on 25 June 1990. *2* Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 2 and see also Statutory Rules 1990 No. 2. 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 1
Commencement
1. These Rules shall come into operation on 1 July 1990. 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 2
Principal Rules
2. In these Rules, "Principal Rules" means the Rules of the Supreme Court of the Australian Capital Territory. 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 3
Payment into Court otherwise than
by money or bond
3. Rule 1 of Order 26 of the Principal Rules is amended by inserting after subrule (4) the following subrules: "(4A) A defendant may, instead of paying into Court a sum of money or lodging with the Registrar a bond in accordance with the preceding subrule, lodge with the Registrar a security, which is satisfactory to the Registrar, securing payment of the sum to the Registrar in the event that the plaintiff accepts, pursuant to rule 2 of this Order, the sum secured in satisfaction of the claim. "(4B) Where the Registrar has accepted a security under the preceding subrule, these rules shall then apply as if the defendant had paid money into Court.". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 4
Interest up to date of payment into Court
4. Rule 1 of Order 26 of the Principal Rules is amended by inserting after subrule (5) the following subrule: "(6) For the purposes of this Order, the plaintiff's claim or cause of action in respect of a debt or damages shall be construed as a claim or cause of action in respect, also, of such interest as might be included in the judgment, whether under section 53A of the Act or otherwise, if judgment were given at the date of the payment into Court.". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 5
Payment in by defendant who has counterclaimed
5. After rule 1 of Order 26 of the Principal Rules the following rule is inserted: "1A. Where a defendant, who makes by counterclaim a claim against the plaintiff for a debt or damages, pays a sum of money into Court under rule 1 of this Order, the notice of payment into Court must state, if it be the case, that in making the payment the defendant has taken into account and intends to dispose of: (a) the cause of action in respect of which he claims; or (b) where two or more causes of action are joined in the counter-claim, all those causes of action or, if not all, which of them.". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 6
Plaintiff may take out money
6. Rule 2 of Order 26 of the Principal Rules is amended: (a) by omitting from subrule (1A) "bond shall pay into Court the amount of the bond" and substituting "bond or other security shall pay into Court the amount of the bond or security"; (b) by inserting in subrule (1A) after "bond" (last appearing) "or security"; (c) by adding at the end the following subrule: "(6) Where money is paid into Court by a defendant who made a counterclaim and the notice of payment into Court stated, in relation to any sum so paid, that in making the payment the defendant had taken into account and intended to dispose of the cause or causes of action, or the specified cause or causes of action in respect of which he claimed, then, on the plaintiff accepting that sum, all further proceedings on the counterclaim or in respect of the specified cause or causes of action, as the case may be, against the plaintiff shall be stayed.". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 7
Australian Capital Territory as defendant
7. Rule 4A of Order 26 of the Principal Rules is amended: (a) by inserting "or the Australian Capital Territory" after "Commonwealth of Australia"; (b) by inserting "or the Government Solicitor for the Australian Capital Territory, respectively" after "Australian Government Solicitor". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 8
Payment into Court by defendant to counterclaim
8. Rule 5 of Order 26 of the Principal Rules is amended by omitting "the preceding rules of this Order" and substituting "rule 1, and that rule and rules 2 (except subrule (6)), 3, 4 and 4A shall apply accordingly". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 9
Interest on judgments
9. Order 42A of the Principal Rules is repealed and the following Order substituted: "ORDER 42A INTEREST ON JUDGMENTS Rate of Interest "1. Subject to rule 2 of this Order, the rate of interest fixed for the purpose of section 54 of the Act is 20% per annum. Rate of interest in respect of earlier judgments "2. In respect of a judgment entered before 1 July 1990: (a) the rate of interest fixed in respect of the period commencing on the date on which the judgment was entered and ending at the expiration of 30 April 1986 is: (i) in respect of a judgment entered before 1 October 1977 - 5% per annum; and (ii) in respect of a judgment entered on or after 1 October 1977 - 10% per annum; and (b) the rate of interest fixed in respect of the period commencing on 1 May 1986 and ending at the expiration of 30 June 1990 is 15% per annum.". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 10
Amount to be indorsed on writ of execution
10. Rule 15 of Order 43 of the Principal Rules is amended by omitting "rate of 10 per cent per annum" and substituting "applicable rate fixed by Order 42A". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 11
Form of indorsement on writ of fieri facias
11. Rule 16 of Order 43 of the Principal Rules is amended by omitting "10" and substituting "(insert applicable rate fixed by Order 42A)". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 12
Authority of Registrar
12. Rule 5 of Order 61 of the Principal Rules is amended by omitting "sub-section 8 (4)" and substituting "sub-section 8AAB (2)". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 13
Authority of Master
13. Rule 1.01 of Order 61A of the Principal Rules is amended by omitting from paragraph (i) "Order 19, rules 11 and 27" and substituting "Order 19, rules 11 and 37". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 14
Procedure in appeals from interlocutory judgments of Master
14. Rule 5.01 of Order 61A of the Principal Rules is amended by omitting "repeal" and substituting "appeal". 1990 No. 129 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
(AMENDMENT) - RULE 15
Application for reinstatement of deregistered company (s. 459)
15. After rule 59 of Order 75A of the Principal Rules the following rule is inserted: "59A. An applicant for an order that the registration of a company be reinstated under subsection 459 (6) of the Companies Act shall serve a copy of the summons on the Commission not later than 7 days before the date fixed for hearing the application.".