Judicature Act 1908 No 89 (as at 01 February 2012), Public Act

Act by section

51C Power to make rules
  • (1) The Governor-General in Council, with the concurrence of the Chief Justice and any 2 or more of the members of the Rules Committee, of whom at least 1 shall be a Judge, may, for the purposes of facilitating the expeditious, inexpensive, and just dispatch of the business of the court, or of otherwise assisting in the due administration of justice, from time to time make rules regulating the practice and procedure of the High Court and of the Court of Appeal and of the Supreme Court (including the practice and procedure on appeals from any court or person to the Supreme Court, the Court of Appeal, or the High Court).

    (2) Rules made pursuant to subsection (1) may—

    • (a) repeal the High Court Rules set out in Schedule 2, and substitute a new set of High Court Rules:

    • (b) alter or revoke any of the rules contained in the High Court Rules:

    • (c) add to the High Court Rules any further rules touching the practice and procedure of the High Court in all or any of the civil proceedings within its jurisdiction:

    • (cc) add to the High Court Rules any rules made for the purposes of Part 1A:

    • (d) alter or revoke any rules regulating the practice or procedure of the Court of Appeal (including those contained in the Court of Appeal Rules 1955):

    • (e) revoke the Court of Appeal Rules 1955:

    • (f) alter or revoke any other rules of the High Court, the Court of Appeal, or the Supreme Court that are now or may hereafter be in force:

    • (g) fix scales of costs.

    Section 51C: inserted, on 1 January 1986, by section 4 of the Judicature Amendment Act (No 2) 1985 (1985 No 112).

    Section 51C(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

    Section 51C(2)(cc): inserted, on 1 July 1990, by section 2 of the Judicature Amendment Act 1990 (1990 No 44).

    Section 51C(2)(f): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).