Pursuant to section 51C of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules.

Preamble

1 Title

2 Commencement

3 Principal rules amended

4 Denial of contract

5 Application of Part 4A

1 Title

These rules are the High Court (Property Law Act 2007) Amendment Rules 2007.

2 Commencement

These rules come into force on 1 January 2008.

3 Principal rules amended

These rules amend the High Court Rules set out in Schedule 2 of the Judicature Act 1908.

4 Denial of contract

Rule 183 is amended by omitting “the Statute of Frauds 1677 or the Contracts Enforcement Act 1956” and substituting “subpart 2 of Part 2 of the Property Law Act 2007 (which requires certain contracts to be in writing)”.

5 Application of Part 4A

Rule 458D(1)(a) is amended by revoking subparagraph (xviii) and substituting the following subparagraph:
- “(xviii) sections 126, 136, 244, 248, 253, 254, 258, 261, and 357 of the Property Law Act 2007:”.

Rebecca Kitteridge,

for Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the High Court Rules. They come into force on 1 January 2008.

The amendments are consequential on the Property Law Act 2007. They replace references to repealed enactments with references to enactments that, with or without modification, replace, or correspond to, the enactments repealed.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 December 2007.

High Court (Property Law Act 2007) Amendment Rules 2007