This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 May 2009, amend the Supreme Court Rules 2004 (the principal rules).
Rule 4 gives the Supreme Court (the Court) or a Judge of the Court the power to extend or shorten time limits fixed by the principal rules or under any order. This is in line with powers exercised by the Court of Appeal and the High Court.
Rule 5 amends rule 20 of the principal rules, which relates to submissions on applications for leave to bring an appeal to the Court. The amendment requires counsel to indicate their preferred dates for the hearing of the appeal, in the event that leave to bring the appeal is given.
Rule 6 inserts a new rule 20A to relocate and re-enact without change existing rule 20(4), which concerns respondents who wish to uphold the judgment appealed from on grounds other than those given by the Judge.
Rule 7 replaces rule 32 of the principal rules, which relates to the allocation of hearing dates for appeals. The existing rule does not specify a time for the allocation of hearing dates. Under the new rule, parties may, within 10 working days after the giving of leave to appeal, make submissions to the Registrar on the appropriate hearing date. After the expiry of the period allowed for submissions, the Registrar must promptly allocate a hearing date.
Rule 8 amends rule 34 of the principal rules to change the time within which the case on appeal must be submitted to the Registrar. Under the existing rule, it must be submitted within 25 working days after the allocation of a hearing date. The amendment changes that time limit to 20 working days after the Court gives leave to appeal.
Rule 9 amends rule 36 of the principal rules, which relates to the written submissions required to be filed for an appeal. Under the existing rule, the appellant's submissions must be filed not later than 20 working days before the date fixed for the hearing of the appeal, and the respondent's submissions not later than 10 working days before that date. The amendment changes those time limits, in the case of the appellant's submissions, to 30 working days after the Court gives leave to appeal, and in the case of the respondent's submissions, to 15 working days after the filing of the appellant's submissions.
Rule 10 is a transitional provision. It clarifies that the changes made by these rules do not affect any appeal for which leave to appeal has been given before the commencement of these rules.