12-121sr

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Supreme Court (Associate Judges Appeals
Amendment) Rules 2012
S.R. No. 121/2012
TABLE OF PROVISIONS
Rule
Page
PART 1—PRELIMINARY
1
2
3
1
Object
Authorising provisions
Commencement
1
1
1
PART 2—AMENDMENTS TO CHAPTER I
4
5
6
New Rules 77.06 to 77.06.9 substituted for Rule 77.06
77.06
Appeals generally
77.06.1 Bringing an appeal
77.06.2 Time for notice of appeal
77.06.3 Contents of notice of appeal
77.06.4 Service of notice of appeal
77.06.5 Filing of notice of appeal and list
77.06.6 Stay
77.06.7 Cross-appeal
77.06.8 Notice of contention
77.06.9 Powers of Judge of the Court hearing appeal
New Form 77A inserted
2
2
2
2
3
4
4
5
5
6
7
8
Form 77A—Notice of Address for Service
8
Consequential amendments
8
PART 3—AMENDMENTS TO CHAPTER V
7
8
2
9
Rule 16.5 substituted
16.5
Appeals
Schedule 2 substituted
9
9
10
SCHEDULE 2—Powers of the Court that may be Exercised by
an Associate Judge
10
═══════════════
ENDNOTES
20
i
STATUTORY RULES 2012
S.R. No. 121/2012
Supreme Court Act 1986
Corporations (Ancillary Provisions) Act 2001
Supreme Court (Associate Judges Appeals
Amendment) Rules 2012
The Judges of the Supreme Court make the following Rules:
PART 1—PRELIMINARY
1 Object
The object of these Rules is to amend Chapter I
and Chapter V of the Rules of the Supreme Court
in relation to appeals from judgments and orders
of Associate Judges.
2 Authorising provisions
These Rules are made under section 25 of the
Supreme Court Act 1986, section 23 of the
Corporations (Ancillary Provisions) Act 2001
and all other enabling powers.
3 Commencement
These Rules come into operation on 1 January
2013.
__________________
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
r. 4
Part 2—Amendments to Chapter I
PART 2—AMENDMENTS TO CHAPTER I
4 New Rules 77.06 to 77.06.9 substituted for
Rule 77.06
For Rule 77.06 of the Supreme Court (General
Civil Procedure) Rules 20051 substitute—
"77.06 Appeals generally
Subject to section 17A of the Supreme
Court Act 1986 and to Rule 16.5 of
Chapter V of the Rules, an appeal from any
judgment or order of an Associate Judge
made under any Chapter of the Rules lies to
the Trial Division constituted by a Judge of
the Court, except in any case where an
appeal lies to the Court of Appeal.
77.06.1 Bringing an appeal
An appeal under Rule 77.06 shall be brought
by notice in accordance with this Order.
77.06.2 Time for notice of appeal
(1) Subject to paragraph (2), a notice of appeal
shall be served—
(a) within 14 days after the day the
judgment or order of the Associate
Judge was given or made; or
(b) if leave to appeal is necessary, within
14 days of leave being granted.
(2) A notice of appeal from an order dismissing
an application made without notice to any
person shall be filed—
(a) within 14 days after the order was
made; or
(b) if leave to appeal is necessary, within
14 days of leave being granted.
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 2—Amendments to Chapter I
(3) An application for leave to appeal shall be
made within 14 days after the day the
judgment or order of the Associate Judge
was given or made.
(4) If leave to appeal is necessary and notice of
appeal is served before leave has been
granted, any person on whom the notice of
appeal has been served may apply to a Judge
of the Court for an order dismissing the
appeal as incompetent.
(5) The hearing of an application for leave to
appeal may be treated as the hearing of the
appeal.
(6) A Judge of the Court or an Associate Judge
may extend the time allowed under this Rule
at any time.
77.06.3 Contents of notice of appeal
(1) A notice of appeal shall state—
(a) whether the whole or part only and, if
as to part, which part, of the judgment
or order of the Associate Judge is the
subject of the appeal; and
(b) specifically and concisely the grounds
of appeal and the judgment or order
sought in place of that from which the
appeal is brought.
(2) A notice of appeal shall name each party or
person upon whom it is proposed to serve the
notice of appeal.
(3) A notice of appeal may be amended at any
time by leave of a Judge of the Court.
3
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
r. 4
Part 2—Amendments to Chapter I
77.06.4 Service of notice of appeal
(1) Subject to paragraph (2), a notice of appeal
shall be served on all parties affected by the
appeal.
(2) A notice of appeal under Rule 77.06.2(2)
shall not be served.
(3) Despite paragraphs (1) and (2), a Judge of
the Court may direct that notice of appeal be
served on—
(a) any party to the proceeding; or
(b) a person not a party.
(4) A notice of appeal may be served on a party
personally or at the party's address for
service under these Rules, including
Rule 1.19.
(5) Where notice of appeal is served on a person
not a party—
(a) that person shall not take any step in the
appeal without first filing and serving a
notice of address for service in
Form 77A; and
(b) a Judge of the Court may give any
judgment or make any order on the
appeal that might have been given or
made if the person served with the
notice of appeal had been originally a
party.
77.06.5 Filing of notice of appeal and list
Where notice of appeal is served, the
appellant shall, within seven days after
service, file a copy of the notice
accompanied by a list signed by or on behalf
of the appellant of—
4
Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 2—Amendments to Chapter I
(a) the persons upon whom the notice has
been served; and
(b) the dates of such service.
77.06.6 Stay
Unless a Judge of the Court otherwise
orders—
(a) an appeal under Rule 77.06 shall not
operate as a stay of execution, or of
proceedings, under the judgment or
order;
(b) no intermediate act or step shall be
invalidated.
77.06.7 Cross-appeal
(1) Subject to Rule 77.06.8, a respondent to an
appeal under Rule 77.06 who desires to
appeal from the decision from which the
appellant has appealed shall do so by notice
of cross-appeal.
(2) Within 14 days after the service upon the
respondent of the notice of appeal, the
respondent shall serve a copy of the notice of
cross-appeal on—
(a) the appellant; and
(b) any other party directly affected by the
cross-appeal.
(3) Rule 77.06.3 and Rule 77.06.4(3), (4) and (5)
apply to a notice of cross-appeal as if it were
a notice of appeal.
(4) A cross-appeal may be discontinued.
5
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
r. 4
Part 2—Amendments to Chapter I
(5) Within seven days after service of the notice
of cross-appeal, the respondent shall file a
copy of the notice accompanied by a list
signed by or on behalf of the respondent
of—
(a) the persons upon whom the notice has
been served; and
(b) the dates of such service.
(6) Where an appeal is discontinued or is taken
to be abandoned—
(a) a respondent who has given notice of
cross-appeal may proceed with the
cross-appeal; and
(b) a Judge of the Court may give
directions for its conduct.
77.06.8 Notice of contention
If a party to an appeal under Rule 77.06 does
not seek to have the judgment or order
actually given or made by the Associate
Judge discharged or varied, but proposes to
contend that it should be affirmed on a
ground, whether of fact or law, which—
(a) was not decided; or
(b) was erroneously decided; or
(c) was not raised for decision before the
Associate Judge—
the party, not less than 14 days before the
day fixed for the hearing of the appeal, shall
file and serve a notice of contention, stating
the ground to be relied upon.
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 2—Amendments to Chapter I
77.06.9 Powers of Judge of the Court hearing
appeal
(1) On an appeal under Rule 77.06, a Judge of
the Court shall have all the powers of the
Court constituted by an Associate Judge.
(2) On an appeal under Rule 77.06, a Judge of
the Court shall have power to—
(a) draw inferences of fact; and
(b) give any judgment and make any order
which ought to have been given or
made; and
(c) make any further or other order as the
case may require.
(3) On an appeal under Rule 77.06, a Judge of
the Court shall have power to receive further
evidence upon questions of fact, whether by
oral examination in court, by affidavit, or by
deposition taken before an examiner.
(4) 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 appeal
under Rule 77.06 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.".
7
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 2—Amendments to Chapter I
r. 5
5 New Form 77A inserted
After Form 75C of the Supreme Court (General
Civil Procedure) Rules 2005 insert—
"FORM 77A
Rule 77.06.4(5)(a)
NOTICE OF ADDRESS FOR SERVICE
[Heading as in notice of appeal or notice of contention]
The address in Victoria for service of [full name of person or party] is:
[If the person or party is legally represented] The name or firm and the
business address within Victoria of the solicitor for [full name of person or
party] is:
Dated:
[signed]
__________________".
6 Consequential amendments
In the Supreme Court (General Civil Procedure)
Rules 2005—
(a) in Rule 59.08(2) for "Rule 77.06" substitute
"Rules 77.06 to 77.06.9";
(b) in Rule 63.08(3)—
(i) for "Rule 77.06" substitute
"Rules 77.06 to 77.06.9";
(ii) for "applies" substitute "apply";
(c) in Rule 78.08 for "Rule 77.06" substitute
"Rules 77.06 to 77.06.9";
(d) in Rule 79.06(4) for "Rule 77.06" substitute
"Rules 77.06 to 77.06.9".
__________________
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S.R. No. 121/2012
Part 3—Amendments to Chapter V
PART 3—AMENDMENTS TO CHAPTER V
7 Rule 16.5 substituted
For Rule 16.5 of the Supreme Court
(Corporations) Rules 20032 substitute—
"16.5 Appeals
(1) Save in the cases provided for by paragraphs
(a) and (b) of subrule (3) and subject to
section 17A of the Supreme Court Act
1986, an appeal lies to the Trial Division
constituted by a Judge of the Court from any
judgment or order of an Associate Judge
made under these Rules.
(2) Rules 77.06.1 to 77.06.9 of Chapter I of the
Rules apply to an appeal referred to in
subrule (1) with any necessary modification.
(3) 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, an appeal
lies to the Court of Appeal from any
judgment or order of an Associate Judge—
(a) in any application under section 459G
of the Corporations Act; and
(b) in respect of any matter referred to an
Associate Judge by a Judge of the
Court under rule 16.1(3).
(4) Order 64 of Chapter I of the Rules applies to
an appeal referred to in subrule (3) with any
necessary modification.".
9
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
r. 8
8 Schedule 2 substituted
For Schedule 2 to the Supreme Court
(Corporations) Rules 2003 substitute—
"SCHEDULE 2
Rule 16.1
POWERS OF THE COURT THAT MAY BE EXERCISED BY
AN ASSOCIATE JUDGE
Item
No.
Column 1
Provision
Column 2
Description
THE ASIC ACT
1
s. 79(4)
To extend time for service of notice.
THE
CORPORATIONS
ACT
2
s. 227
Declaration that conditions prescribed by
Division 3 of Part 2E.1 have been satisfied.
3
s. 247A
To order inspection of books.
4
s. 247B
To make ancillary order about inspection of
books.
5
s. 252E
To order meeting of members of registered
scheme.
6
s. 266(4)
For extension of time for registration of
charge.
7
s. 267(3)
To give leave to enforce charge.
8
s. 274
To rectify omission or misstatement.
9
s. 283AE(2)
For appointment of corporation to be trustee.
10
s. 283EC
To order meeting of debenture holders.
11
s. 283HA
To give directions and make declarations
about trustee's functions or interests of
debenture holders.
12
s. 411(16)
To restrain further proceedings.
13
s. 418A
Declaration as to validity of controller's
appointment and in relation to control of
property.
10
Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
Item
No.
Column 1
Provision
Column 2
Description
14
s. 420B
To authorise managing controller to dispose
of property despite prior security interest.
15
s. 420C
To authorise receiver to carry on corporation's
business during the winding up.
16
s. 425
To fix remuneration of receiver.
17
s. 429(3)
To extend time for report.
18
s. 434
That receiver remedy default.
19
s. 438D(3)
To direct administrator to lodge a report.
20
s. 439A(6)
For extension of convening period.
21
s. 440B
To grant leave to exercise third party property
rights.
22
s. 440D(b)
For leave to begin or proceed with proceeding
against company during administration.
23
s. 440F
For leave to begin or proceed with
enforcement process re property of company
during administration.
24
s. 440G(7)
To permit a court officer to take action or
make a payment during administration.
25
s. 440J
To grant leave to take enforcement action
under a guarantee.
26
s. 442C
To grant leave to administrator to dispose of
encumbered property.
27
s. 443B(8)
To excuse administrator from personal
liability for rent.
28
s. 444B(2)(b)
To extend time for company to execute deed.
29
s. 444E(3)(c)
For leave to person bound by deed to begin or
proceed with proceeding against company
etc. or enforcement process against company.
30
s. 447A(1) (where
winding up order to
be made by an
Associate Judge)
To end administration of company.
31
s. 447C
To declare whether administrator is validly
appointed.
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S.R. No. 121/2012
Part 3—Amendments to Chapter V
r. 8
Item
No.
Column 1
Provision
Column 2
Description
32
s. 447E(2)
For order where office of administrator is
vacant or no administrator is acting.
33
s. 449C(6)
For appointment of an administrator of
company under administration when none is
acting.
34
s. 449D(1)
To fill vacancy in office of administrator of
deed.
35
s. 449D(2)
For appointment of an administrator of deed
where none is acting.
36
s. 449E(1)(c) and
(1A)(c)
To determine the remuneration of an
administrator.
37
s. 449E(2)
For review etc. of administrator's
remuneration.
38
s. 459F(2)(a)
For order extending period for compliance
with demand.
39
s. 459G
For order on application to set aside a
demand.
40
s. 459P(2)
For leave to apply for winding up.
41
s. 459R
For extension of time for determination of
application for winding up in insolvency.
42
s. 459S
For leave to company to oppose application.
43
s. 465B(1)
For order substituting applicant.
44
s. 465C (if the
application is
pending before an
Associate Judge)
For leave to oppose application when there
has been failure to file and serve notice of
grounds of opposition and verifying affidavit.
45
s. 467(7)
For stay of proceedings.
46
s. 468
For validation of disposition of property,
attachments etc.
47
s. 468A
For order authorising transfer of shares after
commencement of winding up.
48
s. 470(2)(b)
To serve a copy order on another person.
49
s. 471A
For approval by the Court to perform or
exercise a function or power as an officer of
the company.
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
Item
No.
Column 1
Provision
Column 2
Description
50
s. 471B
For leave to begin or proceed with a
proceeding or begin or proceed with
enforcement process against a company being
wound up in insolvency or by the Court or in
respect of which a provisional liquidator is
acting.
51
s. 472(1) (where
winding up order
made by an
Associate Judge)
For appointment of liquidator.
52
s. 472(2)
For appointment of provisional liquidator.
53
s. 472(6)
For order on application with respect to the
exercise or proposed exercise of a power of a
provisional liquidator.
54
s. 473(2)
Determination of provisional liquidator's
remuneration.
55
s. 473(3), (5), (6)
Determination or review of liquidator's
remuneration.
56
s. 473(7)
To fill vacancy in office of liquidator.
57
s. 473(8)
To declare what may be done by liquidator,
where more than one appointed.
58
s. 474(2)
To vest property in liquidator.
59
s. 477(2A)
For approval of liquidator's compromising a
debt.
60
s. 477(2B)
For approval of liquidator's entering an
agreement which may last or obligations
which may be performable more than
3 months later.
61
s. 477(6)
For order on application with respect to the
exercise or proposed exercise of a power by
liquidator.
62
s. 480
To release liquidator and deregister company.
63
s. 481
To order auditor's report and liquidator to
make good any loss.
64
s. 482(1)
To stay or terminate winding up.
13
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S.R. No. 121/2012
Part 3—Amendments to Chapter V
r. 8
Item
No.
Column 1
Provision
Column 2
Description
65
s. 483(1)
For delivery of property etc. to liquidator.
66
s. 483(2)
To direct contributory to pay money.
67
s. 483(3)
To make calls for payment by contributories
and order payment of calls made by court or
liquidator.
68
s. 483(4)
To order payment to bank to the liquidator's
account.
69
s. 484
To appoint or remove special manager, to fix
security or remuneration.
70
s. 486
For inspection of books.
71
s. 488(2)
To grant special leave to distribute a surplus.
72
s. 490
For leave to company to resolve that it be
wound up voluntarily.
73
s. 495(4)
As to manner of holding meeting.
74
s. 496(3)
For order that list of creditors be sent.
75
s. 497(3)
For order that list of creditors be sent.
76
s. 500(2)
For leave to proceed.
77
s. 500(3)
For delivery of property etc. to liquidator.
78
s. 502
To appoint liquidator.
79
s. 504
To review liquidator's remuneration.
80
s. 507(6)
To sanction resolution.
81
s. 507(9)
For directions for initiation and conduct of
arbitration.
82
s. 507(10)
For approval for exercise of powers.
83
s. 509(6)
To order deregistration on a specified day.
84
s. 510(3)
To settle dispute.
85
s. 511(1)(b)
For exercise of powers.
86
s. 532(2)
To grant leave for person to be appointed as
liquidator.
87
s. 542(3)(a)
As to destruction of books.
88
s. 543(1)
As to investment of funds.
14
Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
Item
No.
Column 1
Provision
Column 2
Description
89
s. 544
As to accounts or payment of unclaimed
funds.
90
s. 545(2)
To direct liquidator to incur a particular
expense.
91
s. 547(1)
To direct meeting.
92
s. 551
Leave to member of Committee of Inspection
to accept benefit.
93
s. 552
To give direction or permission.
94
s. 554A
To estimate, or determine method to be
applied in working out, value of debts and
claims of uncertain value in liquidation.
95
s. 554G
To grant leave to secured creditor to amend
valuation of security in proof of debt.
96
s. 564
To make an order in favour of certain
creditors.
97
s. 568
For leave to disclaim.
98
s. 568B
To set aside disclaimer of property before
disclaimer takes effect.
99
s. 568E
To set aside disclaimer of property after
disclaimer has taken effect.
100
s. 568F
For orders re vesting of disclaimed property.
101
s. 583
To wind up Part 5.7 bodies.
102
s. 587
To stay proceedings or for leave to commence
or proceed.
103
s. 588FF
To make order about voidable transactions.
104
s. 588T(2)(b)
For leave to creditor to begin proceeding.
105
s. 596A
For mandatory examination.
106
s. 596B
For discretionary examination.
107
s. 596F(1)(a)
For directions about matters to be inquired
into at examination.
108
s. 596F(1)(b) to (g)
For directions about examination.
109
s. 597(5B)
To put, or allow to be put, questions to a
person being examined.
15
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
r. 8
Item
No.
Column 1
Provision
Column 2
Description
110
s. 597(7)
For direction to answer question.
111
s. 597(9)
For direction to produce books.
112
s. 597(13)
For order that questions and answers be
recorded in writing, and that person sign that
written record.
113
s. 597(15)
For direction for examination to be held
before another court.
114
s. 597(17)
To adjourn the examination from time to
time.
115
s. 597A
For mandatory affidavit.
116
s. 597B
For costs of unnecessary examination.
117
s. 600A
To make order setting aside creditors'
resolution or in respect of consideration and
voting on proposed resolution or entitlement
to vote on proposed resolution or amendment
or variation of proposed resolution.
118
s. 600B
To order setting aside or varying of creditors'
resolution passed on casting vote of person
presiding at meeting.
119
s. 600C
To order proposed creditors' resolution to be
taken as passed at meeting.
120
s. 600D
To make interim order where application
under section 600A(1), 600B(2) or 600C(2)
not yet determined.
121
s. 601AH(2)
For reinstatement of the registration of a
company.
122
s. 601BJ
To approve modification of constitution.
123
s. 601CC(8)
For restoration of name of registered
Australian body.
124
s. 601CL(9)
For restoration of name of registered foreign
company.
125
s. 601FN
For appointment of a temporary responsible
entity of a scheme.
126
s. 1071D
To issue summons and make consequential
orders under section 1071D(5).
16
Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
Item
No.
Column 1
Provision
Column 2
Description
127
s. 1071F
For order following failure by directors to
register etc.
128
s. 1071H
To remedy default in issuing certificate.
129
s. 1274(11)
For order to remedy default.
130
s. 1303
To order immediate inspection of books.
131
s. 1319
For direction with respect to meeting.
132
s. 1321
To confirm, reverse or modify act or decision
of receiver, receiver and manager,
administrator or liquidator or remedy
omission of receiver, receiver and manager,
administrator or liquidator on appeal from
aggrieved person.
133
s. 1322(4)
For order in relation to irregularities etc.
134
s. 1335
To order security for costs.
135
s. 1341(3)
For payment of money.
CORPORATIONS
REGULATIONS
136
reg. 5.6.06
For order not to open liquidator's general
account.
137
reg. 5.6.09
For directions with respect to money or
securities and authorisation of payments to
special bank accounts.
138
reg. 5.6.15(2)
For repayment of costs of meeting.
139
reg. 5.6.16(7)
For declaration that adjourned meeting be
taken to be incompetent to act.
140
reg. 5.6.18(3)
For order as to place of adjourned meeting.
141
reg. 5.6.24(3)
To determine whether security surrendered.
142
reg. 5C.2.02
To appoint a temporary responsible entity of a
scheme.
__________________".
17
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Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
r. 8
Part 3—Amendments to Chapter V
Dated: 25 October 2012
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
GEOFFREY NETTLE, J.A.
MARCIA NEAVE, J.A.
ROBERT REDLICH, J.A.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
PHILLIP PRIEST, J.A.
D. J. HABERSBERGER, J.
STEPHEN KAYE, J.
ELIZABETH HOLLINGWORTH, J.
KEVIN H. BELL, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
TONY PAGONE, J.
ROSS ROBSON, J.
JAMES JUDD, J.
PETER VICKERY, J.
EMILIOS KYROU, J.
DAVID F. R. BEACH, J.
JENNIFER DAVIES, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
ANNE FERGUSON, J.
M. L. SIFRIS, J.
18
Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Part 3—Amendments to Chapter V
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
GREG GARDE, J.
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r. 8
Supreme Court (Associate Judges Appeals Amendment) Rules 2012
S.R. No. 121/2012
Endnotes
ENDNOTES
1
Rule 4: S.R. No. 148/2005. Reprint No. 4 as at 17 September 2012.
Reprinted to S.R. No. 97/2012. Subsequently amended by
S.R. No. 39/2012.
2
Rule 7: S.R. No. 107/2003. Reprint No. 1 as at 17 December 2008.
Reprinted to S.R. No. 117/2008. Subsequently amended by
S.R. Nos 43/2009, 44/2009, 97/2009 and 83/2010.
20
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