Australian Capital Territory
Court Procedures Amendment Rules 2012 (No 1)
Subordinate Law SL2012-24

We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 25 June 2012.

T J Higgins	l walker	
Chief Justice	Chief Magistrate	
R REFSHAUGE	L CAMPBELL	
Judge	Magistrate	

Australian Capital Territory
Court Procedures Amendment Rules 2012 (No 1)
Subordinate Law SL2012-24
made under the
Court Procedures Act 2004

    

Contents
	Page
	1	Name of rules	1
	2	Commencement	1
	3	Legislation amended	1
	4	New rule 282 (2A)	1
	5	Rule 673 (1)	1
	6	New rule 1200A	2
	7	Rules 1200A to 1203	2
	8	New rule 1205	3
	9	Division 2.12.3	3
	10	Division 2.12.4	3
	11	Rule 1240	4
	12	Rule 2016	4
	13	Rule 3606	4
	14	Rule 3606, note	4
	15	Rule 4733 (k)	4
	16	Rule 6013	5
	17	Rule 6121 (c)	6
	18	Rule 6124	6
	19	Rule 6126 (2) (c)	6
	20	Rule 6700 (3) (b), note 2	6
	21	Schedule 1 heading, reference	6
	22	Schedule 5, part 5.1, items 19 to 21	7
	23	Schedule 5, part 5.4, items 9 to 11	7
	24	Dictionary, definitions of accompanying affidavit and appointed expert	7
	25	Dictionary, definition of code of conduct	7
	26	Dictionary, definition of expert	7
	27	Dictionary, definition of expert medical evidence	7
	28	Dictionary, definition of expert report	8
	29	Dictionary, definition of expert witness	8
	30	Dictionary, definition of Wrongs Act	8

1	Name of rules
These rules are the Court Procedures Amendment Rules 2012 (No 1).
2	Commencement
These rules commence on 1 July 2012.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
These rules amend the Court Procedures Rules 2006.
4	New rule 282 (2A)
after the notes, insert
	(2A)	If the court approves a settlement, compromise or acceptance of an amount paid into court, the court may enter judgment for the amount of the settlement, compromise or payment into court.
5	Rule 673 (1)
omit
division 2.12.4
substitute
division 2.12.3
6	New rule 1200A
in division 2.12.1, before rule 1200, insert
1200A	Purposes—pt 2.12
The purposes of this part are as follows:
	(a)	to ensure the court has control over the giving of expert evidence;
	(b)	to restrict expert evidence in a proceeding to that which is reasonably necessary to resolve the proceeding;
	(c)	to avoid unnecessary costs associated with parties retaining different experts;
	(d)	to ensure expert witnesses are bound by a code of conduct;
	(e)	if practicable and without compromising the interests of justice—to enable expert evidence to be given on an issue in a proceeding by a single expert agreed to by the parties or appointed by the court;
	(f)	if necessary to ensure a fair trial of a proceeding—to allow for 2 or more experts to give evidence on an issue in the proceeding.
7	Rules 1200A to 1203
renumber as rules 1200 to 1204
8	New rule 1205 
in division 2.12.1, insert
1205	Court may give directions in relation to expert evidence
The court may, on its own initiative or on a party’s application, give 1 or more of the following directions in relation to expert evidence:
	(a)	a direction about the time for service of an expert report;
	(b)	a direction that expert evidence—
	(i)	may not be adduced on an issue; or
	(ii)	may not be adduced on an issue without the leave of the court; or
	(iii)	may be adduced only in relation to a stated issue;
	(c)	a direction limiting the number of expert witnesses who may be called to give evidence on an issue;
	(d)	a direction providing for the appointment and instruction of 1 expert witness for the parties in relation to a stated issue;
	(e)	a direction providing for the appointment and instruction of a court-appointed expert witness in relation to a stated issue;
	(f)	a direction requiring an expert witness who has prepared 2 or more expert reports in relation to a proceeding to prepare a single report that reflects the witness’s evidence in chief;
	(g)	any other direction in relation to expert evidence that the court considers appropriate.
9	Division 2.12.3
omit
10	Division 2.12.4
renumber as division 2.12.3
11	Rule 1240
substitute
1240	Application—div 2.12.3
This division applies subject to any direction given by the court under rule 1205 or rule 1211.
12	Rule 2016
omit
13	Rule 3606
omit
the course of professional training in law in the Legal Workshop
substitute
a course of professional training in law
14	Rule 3606, note
after
(see Legal Profession Act, s 21).
insert
For example, the practical legal training requirements of the Graduate Diploma of Legal Practice offered by the College of Law Ltd are acceptable.
15	Rule 4733 (k)
omit
16	Rule 6013
substitute
6013	Application in proceeding—orders by consent without attendance
	(1)	This rule applies if, at least 2 days before the return date for an application in a proceeding or a later date set by the court for hearing the application, a document is filed in the court that—
	(a)	states that each party to the application—
	(i)	agrees to the adjournment of the application; or
Note	See approved form 6.3 (Agreement to adjournment of application) AF2006-411.
	(ii)	consents to the orders sought in the application; or
	(iii)	consents to the orders sought in the application, amended to vary a time mentioned in an order sought for taking a step in the proceeding; and
	(b)	is signed by each party’s solicitor.
	(2)	For subrule (1) (a) (ii) or (iii), a copy of the application may be endorsed with the consent of each party’s solicitor.
	(3)	The court may, without any of the parties attending before the court—
	(a)	if the parties agree to an adjournment—adjourn the hearing to—
	(i)	the date agreed by the parties; or
	(ii)	a date decided by the court; or
	(b)	if the parties consent to the orders sought in the application—make the orders sought by consent; or
	(c)	if the parties consent to the orders sought in the application as amended—make the orders sought, as amended, by consent; or
	(d)	direct the parties to attend before the court on a stated date.
	(4)	If the court adjourns the hearing to a date decided by the court, the registrar must tell the parties the adjourned date for the hearing.
	(5)	If the court directs the parties to attend before the court on a stated date, the registrar must tell the parties the stated date.
17	Rule 6121 (c)
omit
18	Rule 6124
omit
19	Rule 6126 (2) (c)
omit
20	Rule 6700 (3) (b), note 2
omit
div 2.12.4
substitute
div 2.12.3
21	Schedule 1 heading, reference
omit
(see r 1200)
substitute
(see r 1201)
22	Schedule 5, part 5.1, items 19 to 21
substitute
21	1240	Application—div 2.12.3	
23	Schedule 5, part 5.4, items 9 to 11
substitute
11	1240	Application—div 2.12.3	
24	Dictionary, definitions of accompanying affidavit and appointed expert
omit
25	Dictionary, definition of code of conduct
omit
rule 1200
substitute
rule 1201
26	Dictionary, definition of expert
substitute
expert, in relation to a proceeding—see rule 1202.
27	Dictionary, definition of expert medical evidence
omit
28	Dictionary, definition of expert report
omit
rule 1201
substitute
rule 1202
29	Dictionary, definition of expert witness
omit
rule 1201
substitute
rule 1202
30	Dictionary, definition of Wrongs Act
omit

Endnotes
1	Notification
	Notified under the Legislation Act on 28 June 2012.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012