Supreme Court (Associate Judges Amendment)
Rules 2015
S.R. No. 40/2015
TABLE OF PROVISIONS
Rule
Page
Part 1—Preliminary
1
2
3
1
Objects
Authorising provisions
Commencement
1
1
2
Part 2—Amendment of Chapter VI
4
3
New Rules 3A.10 to 3A.13 inserted
Part 3—Amendment of Chapter I
5
6
7
8
9
10
11
12
3
6
Limitations on authority
Associate Judge to hear application
Rule 77.06 substituted
Bringing an appeal
Stay
Cross-appeal
Notice of contention
Rules 77.06.9 and 77.07 substituted
6
6
6
7
7
7
7
7
Part 4—Consequential amendment of Chapter V
10
13
Appeals
10
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Endnotes
12
i
STATUTORY RULES 2015
S.R. No. 40/2015
Supreme Court Act 1986
Criminal Procedure Act 2009
Supreme Court (Associate Judges Amendment)
Rules 2015
The Judges of the Supreme Court make the following Rules:
Part 1—Preliminary
1 Objects
The principal objects of these Rules are—
(a) to amend Chapter VI of the Supreme Court
Rules to empower an Associate Judge to
refer to a Judge of the Court an application
relating to an appeal to which Order 3A
applies;
(b) to further amend Chapter VI to empower a
Judge of the Court to refer to an Associate
Judge the power to hear and determine an
appeal to which Order 3A applies;
(c) to amend Order 77 of Chapter I in relation to
appeals from determinations of Associate
Judges; and
(d) to consequentially amend Chapter V.
2 Authorising provisions
These Rules are made under section 25 of the
Supreme Court Act 1986, sections 272 and 419
of the Criminal Procedure Act 2009 and all
other enabling powers.
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 1—Preliminary
3 Commencement
These Rules come into operation on 1 July 2015.
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 2—Amendment of Chapter VI
Part 2—Amendment of Chapter VI
4 New Rules 3A.10 to 3A.13 inserted
After Rule 3A.09 of the Supreme Court
(Criminal Procedure) Rules 20081 insert—
"3A.10 Reference by Associate Judge to Judge of
the Court
(1) If on an application to an Associate Judge in
accordance with Rule 3A.05 or 3A.06 it
appears to the Associate Judge that the
application is proper for the determination of
a Judge of the Court, the Associate Judge
may refer the application to a Judge of the
Court.
(2) The Judge of the Court to whom the
application is referred may—
(a) hear and determine the application; or
(b) refer it back to the Associate Judge
with directions.
(3) An Associate Judge may refer to a Judge of
the Court for directions any question arising
on an application to the Associate Judge.
3A.11 Reference by Judge of the Court to
Associate Judge
(1) Notwithstanding Rule 1.16, if an appeal to
which this Order applies appears to a Judge
of the Court to be proper for the
determination of an Associate Judge, the
Judge of the Court, by order, may refer the
appeal to an Associate Judge.
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 2—Amendment of Chapter VI
(2) If a Judge of the Court refers an appeal to an
Associate Judge, the Associate Judge may—
(a) hear and determine the appeal, subject
to any directions in the order referring
the appeal; or
(b) refer the appeal back to the Judge of the
Court.
(3) In hearing and determining an appeal
referred by a Judge of the Court to an
Associate Judge, the Associate Judge has the
same powers as a Judge of the Court would
have in hearing and determining the appeal,
subject to any directions in the order
referring the appeal.
3A.12 Appeal to a Judge of the Court
(1) This Rule applies to an appeal under
section 17(3) of the Supreme Court Act
1986 to the Trial Division constituted by a
Judge of the Court from a determination of
the Trial Division constituted by an
Associate Judge in a matter to which this
Order applies.
(2) Rules 77.06.1 to 77.06.9 of Chapter I apply,
with any necessary modification, to an
appeal to which this Rule applies.
3A.13 Appeal to the Court of Appeal
(1) Subject to section 17A of the Supreme
Court Act 1986, for the purposes of
sections 10(1)(ab) and 17(3) of that Act—
(a) an appeal lies to the Court of Appeal
(and not to the Trial Division) from a
determination of the Trial Division
constituted by an Associate Judge in
respect of an appeal to which this Order
applies if the appeal was referred to the
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 2—Amendment of Chapter VI
Associate Judge by a Judge of the
Court under Rule 3A.11;
(b) the appeal to the Court of Appeal may
extend to any determination of the Trial
Division constituted by the Associate
Judge in respect of any matter related to
the referred appeal, even if the matter
was within the authority of an
Associate Judge apart from the referral;
and
(c) if leave to appeal would have been
required had the appeal been
determined by a Judge of the Court, the
appeal from the Trial Division
constituted by an Associate Judge shall
only be by leave of the Court of
Appeal.
Note
An example of a related matter for the purposes of
Rule 3A.13(1)(b) is an associated application for
leave to appeal.
(2) Order 64 of Chapter I applies to an appeal
referred to in paragraph (1) with any
necessary modification.".
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 3—Amendment of Chapter I
Part 3—Amendment of Chapter I
5 Limitations on authority
In Rule 77.02(3) of the Supreme Court
(General Civil Procedure) Rules 20052—
(a) in paragraph (c), for "any" substitute
"subject to paragraph (d), any";
(b) in paragraph (d), for "under Part 3 of
Order 58" substitute "to which Order 3A of
Chapter VI applies".
6 Associate Judge to hear application
In Rule 77.03(2)(c) of the Supreme Court
(General Civil Procedure) Rules 2005, for
"under Rule 77.06" substitute "referred to in
Rule 77.06".
7 Rule 77.06 substituted
For Rule 77.06 of the Supreme Court
(General Civil Procedure) Rules 2005
substitute—
"77.06 Appeals to Trial Division constituted by
Judge of the Court
An appeal under section 17(3) of the
Supreme Court Act 1986 to the Trial
Division constituted by a Judge of the Court
from a determination of the Trial Division
constituted by an Associate Judge shall be
brought in accordance with Rules 77.06.1
to 77.06.9.
Note
Special provision is made in Rule 16.5(1) of Chapter V in
relation to Corporations matters.".
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 3—Amendment of Chapter I
8 Bringing an appeal
In Rule 77.06.1 of the Supreme Court
(General Civil Procedure) Rules 2005, for
"under Rule 77.06" substitute "referred to in
Rule 77.06".
9 Stay
In Rule 77.06.6(a) of the Supreme Court
(General Civil Procedure) Rules 2005, for
"under Rule 77.06" substitute "referred to in
Rule 77.06".
10 Cross-appeal
In Rule 77.06.7(1) of the Supreme Court
(General Civil Procedure) Rules 2005, for
"under Rule 77.06" substitute "referred to in
Rule 77.06".
11 Notice of contention
In Rule 77.06.8 of the Supreme Court
(General Civil Procedure) Rules 2005, for
"under Rule 77.06" substitute "referred to in
Rule 77.06".
12 Rules 77.06.9 and 77.07 substituted
For Rules 77.06.9 and 77.07 of the Supreme Court
(General Civil Procedure) Rules 2005
substitute—
"77.06.9 Powers of Judge of the Court hearing
appeal
(1) On an appeal referred to in Rule 77.06, a
Judge of the Court shall have all the powers
of the Court constituted by an Associate
Judge.
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 3—Amendment of Chapter I
(2) The Judge of the Court shall have power
to—
(a) receive further evidence upon questions
of fact, whether by oral examination in
court, by affidavit, or by deposition
taken before an examiner;
(b) draw inferences of fact;
(c) give any judgment and make any order
which ought to have been given or
made; and
(d) make any further or other order as the
case may require.
(3) The powers of a Judge of the Court under
this Rule may be exercised
notwithstanding—
(a) that no notice of appeal has been given
in respect of any particular part of the
judgment or order of the Associate
Judge which is the subject of the appeal
or by any particular party to the
proceeding before the Associate Judge;
or
(b) that any ground for allowing the appeal
or for affirming or varying the
judgment or order of the Associate
Judge is not specified in the notice of
appeal.
77.07 Appeal to the Court of Appeal
(1) For the purposes of sections 10(1)(ab)
and 17(3) of the Supreme Court Act
1986—
(a) an appeal lies to the Court of Appeal
(and not to the Trial Division) from the
Trial Division constituted by an
Associate Judge in respect of a matter
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 3—Amendment of Chapter I
referred to an Associate Judge under
Rule 77.05;
(b) the appeal to the Court of Appeal may
extend to any determination of the Trial
Division constituted by the Associate
Judge in respect of any matter related to
the referred matter, even if the matter
was within the authority of an
Associate Judge apart from the referral;
and
(c) if the referred matter was of a kind
from which an appeal would lie from
the determination of a Judge of the
Court only by leave of the Court of
Appeal, the appeal from the Trial
Division constituted by an Associate
Judge shall only be by leave of the
Court of Appeal.
(2) For the purposes of sections 10(1)(ab)
and 17(3) of the Supreme Court Act 1986,
an appeal lies to the Court of Appeal from
the Trial Division constituted by an
Associate Judge from any judgment or order
made at the trial of a proceeding—
(a) under Part 3.2 or Part 3.3 of Chapter 3
of the Relationships Act 2008;
(b) under section 84 or Part IV of the
Property Law Act 1958; or
(c) for the recovery of land under Order 53.
(3) Order 64 applies to an appeal referred to in
paragraph (1) or paragraph (2) with any
necessary modification.
Note
Special provision is made in Rule 16.5(3) of Chapter V in
relation to Corporations matters.".
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Part 4—Consequential amendment of Chapter V
Part 4—Consequential amendment of
Chapter V
13 Appeals
In Rule 16.5(3) of the Supreme Court
(Corporations) Rules 20133—
(a) for "For the purposes of sections 10(1)(ab)
and 17(3) of the Supreme Court Act 1986
and subject to section 17A of that Act,"
substitute "Subject to section 17A of the
Supreme Court Act 1986, for the purposes
of sections 10(1)(ab) and 17(3) of that Act";
and
(b) after "Court of Appeal" insert "(and not to
the Trial Division)".
Dated: 28 May 2015
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
MARK WEINBERG, J.A.
SIMON P. WHELAN, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
EMILIOS KYROU, J.A.
S. G. E. McLEISH, J.A.
ELIZABETH HOLLINGWORTH, J.
KEVIN H. BELL, J.
ANTHONY CAVANOUGH, J.
ROSS ROBSON, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
C. MACAULAY, J.
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
G. J. DIGBY, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
J. T. RUSH, J.
JOANNE CAMERON, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
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Supreme Court (Associate Judges Amendment) Rules 2015
S.R. No. 40/2015
Endnotes
Endnotes
1
Rule 4: S.R. No. 12/2008. Reprint No. 2 as at 26 March 2015. Reprinted to
S.R. No. 207/2014.
2
Rule 5: S.R. No. 148/2005. Reprint No. 6 as at 26 March 2015. Reprinted to
S.R. No. 11/2015. Subsequently amended by S.R. Nos 29/2015 and
30/2015.
3
Rule 13: S.R. No. 112/2013 as amended by S.R. Nos 48/2014, 10/2015
and 30/2015.
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