Supreme Court (Chapter II Amendment No. 1) Rules 2009
S.R. No. 30/2009
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Order 3 substituted
Order 3
Technology, Engineering and Construction CASES
3.01Definitions
3.02Judge to control TEC List
3.03Entry into TEC List
3.04Summons for directions
3.05Directions—limited time trials
3.06Removal from TEC List
5Consequential amendment to Chapter I
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ENDNOTES
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S.R. No. 30/2009
Supreme Court (Chapter II Amendment No. 1) Rules 2009
statutory rules 2009
S.R. No. 30/2009
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S.R. No. 30/2009
Supreme Court (Chapter II Amendment No. 1) Rules 2009
Supreme Court Act 1986
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S.R. No. 30/2009
Supreme Court (Chapter II Amendment No. 1) Rules 2009
Supreme Court (Chapter II Amendment No. 1) Rules 2009
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S.R. No. 30/2009
Supreme Court (Chapter II Amendment No. 1) Rules 2009
The Judges of the Supreme Court make the following Rules:
1Object
The object of these Rules is to amend Chapter II of the Rules of the Supreme Court to provide for the establishment of the Technology, Engineering and Construction List to replace the Building Cases List and to consequentially amend Chapter I of the Rules.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3Commencement
These Rules come into operation on19 June
2009.
4Order 3 substituted
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For Order 3 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008[1]substitute—
"Order 3
Technology, Engineering and Construction CASES
3.01Definitions
In this Order—
technology includes—
(a)telecommunications equipment, devices, systems and networks;
(b)computers, computer modules, computer systems and networks and computer software;
(c)electrical circuits and circuit boards;
(d)machines or machinery;
(e)processing operations and facilities;
(f)any component, module, equipment, machine or system which is produced by the application of technology, mechanics or applied science;
technology, engineering and construction case and TEC case means any proceeding in relation to—
(a)the design or carrying out of TEC works;
(b)the supervision or inspection of the construction of TEC works;
(c)the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of TEC works;
(d)the manufacture or provision of any materials for inclusion in TEC works;
(e)the performance of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature;
(f)the sale or supply of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature—
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but does not include any proceeding that includes a claim for personal injury;
Technology, Engineering and Construction List, TEC List or List means a list of technology, engineering and construction cases compiled by the Prothonotary;
TEC works means technology, engineering or building construction works of any description whatsoever;
the Judge means the Judge in charge of the TEC List.
3.02Judge to control TEC List
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(1)A Judge nominated by the Chief Justice shall be in charge of the TEC List and shall have control of the proceedings in the List.
(2)Subject to any directions of the Judge and to paragraphs (3) and (4), the powers of the Court in relation to a proceeding in the List shall be exercised only by the Judge.
(3)The powers of the Judge in relation to a proceeding in the List may be exercised by another Judge—
(a)if the Judge so requests; or
(b)if in special circumstances that other Judgethinks fit to exercise them.
(4)Subject to Rule 1.11, anAssociate Judge may exercise the powers of the Court in relation to a proceeding in the List on a reference by or by leave of the Judge.
3.03Entry into TEC List
(1)At the option of the plaintiff, the originating process in a TEC case may be marked in the top left-hand corner with the words "TEC List" and upon the filing of anoriginating process so marked, the proceeding shall be entered in the List.
(2)Any party in a TEC case in which the originating process has not been marked in accordance with paragraph (1) may, within 14 days after appearance, apply to the Judge for an order entering the case in the List, and the Judge shall make an order entering the proceeding in the List unless satisfied that there are good reasons for not making such an order.
(3)By leave of the Judge, a proceeding may be entered in the TEC List upon a reference from another Judge or an Associate Judge.
(4)On 19 June 2009, all proceedings which have been entered in the Building Cases List are entered in the TEC List.
3.04Summons for directions
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(1)In a proceeding in the TEC List the plaintiff, within 7 days after the first appearance in the proceeding, shall apply to the Judge for directions.
(2)If the plaintiff fails to apply for directions in accordance with paragraph (1), a defendant, within 7 days after the expiration of the time referred to in paragraph (1), may apply to the Judge for directions.
(3)Upon the hearing or further hearing of a summons for directions or when hearing an application under Rule 3.03(2), the Judge may give such directions as the Judge thinks conducive to the effective, complete, prompt and economical determination of the proceeding.
3.05Directions—limited time trials
(1)The Judge, at any stage of a proceeding in the TEC List, may by direction limit—
(a)the time to be taken in examining, cross-examining or re-examining a witness;
(b)the number of witnesses (including expert witnesses) that a party may call;
(c)the time to be taken in making any oral submissions;
(d)the time to be taken by a party in presenting the party's case;
(e)the time to be taken by a trial.
(2)The Judgemay vary or revoke a direction under paragraph (1).
(3)The discretion of the Judgeto give a direction under paragraph (1) shall be exercised having regard to the following matters, in addition to any other relevant matter—
(a)the time or number limited shall be reasonable;
(b)the direction shall not prejudice the right of each party to a fair trial, and in particular, to a reasonable opportunity to adduce evidence and cross-examine witnesses;
(c)the degree of complexity of the case;
(d)the number of witnesses a party intends or seeks to call;
(e)the volume and character of the evidence a party intends or seeks to adduce;
(f)the time expected to be taken for the trial;
(g)the importance of the proceeding as a whole or of any question in the proceeding.
3.06Removal from TEC List
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The Judge may at any time order that a proceeding in the TEC List be removed from the List.
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5Consequential amendment to Chapter I
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For Rule 48.01(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005[2]substitute—
"(b)Technology, Engineering and Construction List (TEC List);".
Dated: 26 March 2009
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
GEOFFREY NETTLE, J.A.
DAVID ASHLEY, J.A.
ROBERT REDLICH, J.A.
MURRAY B. KELLAM, J.A.
MARK WEINBERG, J.A.
P. D. CUMMINS, J.
T. H. SMITH, J.
D. L. HARPER, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
BERNARD D. BONGIORNO, J.
D. J. HABERSBERGER, J.
K. WILLIAMS, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
ROSS ROBSON, J.
JACK FORREST, J.
JAMES JUDD, J.
PETER VICKERY, J.
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EMILIOS KYROU, J.
DAVID F. R. BEACH, J.
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Supreme Court (Chapter II Amendment No. 1) Rules 2009
ENDNOTES
Endnotes
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[1] Rule 4: S.R. No. 94/2008. Amended by S.R. No. 100/2008.
[2] Rule 5: S.R. No. 148/2005. Reprint No. 1 as at 3 September 2007. Reprinted to S.R. No. 91/2007. Subsequently amended by S.R.Nos128/2007, 32/2008 and 100/2008.