Judicature (High Court Rules) Amendment Act 2008

1: Title
This Act is the Judicature (High Court Rules) Amendment Act 2008.
2: Commencement
1: This Act comes into force on 1 February 2009.
2: Despite subsection (1), subparts 15 and 16 of Part 5 of the High Court Rules (as substituted by section 8
3: Principal Act amended
This Act amends the Judicature Act 1908. 2009-02-01 Judicature Act 1908
4: Purpose
The purpose of this Act is to—
a: re-enact the High Court Rules in a more accessible form:
b: repeal provisions for district rules:
c: provide for the electronic filing of court documents:
d: enable judgment creditors to attach salaries, wages, and benefits of judgment debtors.
1: Amendments to principal Act
5: Functions of Chief High Court Judge
Section 4B is amended by adding the following subsection as subsection (2)
2: The Chief High Court Judge may make all the arrangements that are necessary for the sittings of the Court and the conduct of its business.
6: Associate Judge may exercise certain powers of the Court
Section 26I(1) is amended by inserting the following paragraphs after paragraph (e):
ea: the making of any order (other than an arrest order or an order relating to an arrest order) that may be made under rules of court against a judgment debtor who has been ordered to attend court for examination:
eb: the making, variation, suspension, or discharge of attachment orders under rules of court:
7: New section 52 substituted
Section 52 is repealed and the following section substituted:
52: Power of Judge to hold or adjourn sitting
1: A Judge may hold any sitting of the Court at any time and place the Judge thinks fit.
2: A Judge may adjourn a sitting of the Court to a time and place the Judge thinks fit.
3: If a Judge is not present at the time appointed for a sitting of the Court, the Registrar may adjourn the sitting to a time that is convenient.
8: New Schedule 2 substituted
1: Schedule 2 is repealed and the Schedule 2 Schedule
2: Despite subsection (1)
2: Transitional provisions and consequential amendments
9: Transitional provisions
1: Subsections (2) to (5) section 8 pending proceeding
2: A pending proceeding must be continued, completed, and enforced under the High Court Rules set out in Schedule 2 section 8
3: Subsection (2) subsection (4)
4: If,—
a: on the commencement of section 8
b: the period prescribed by the High Court Rules in respect of that step, as in force immediately before that commencement, differs from that prescribed on that commencement,— then the period required or permitted for that step is the longer period.
5: Subsection (4)
6: If judgment has been sealed in a proceeding commenced before the commencement of section 8 section 8
7: In this section,— Judge judgment proceeding
10: Amendment to District Courts Act 1947
1: This section amends the District Courts Act 1947.
2: The following heading and section are inserted after section 70: Determination of questions concerning rules
70A: Application of rules
If, in any civil proceeding, any question arises as to the application of any provision of rules made under section 122 or the High Court Rules, the Court may, either on the application of a party or on its own initiative, determine the question and give any directions it thinks fit in the interests of justice.
3: Section 84K is amended by adding the following subsection:
3: This section also applies to attachment orders made in the High Court. 2009-02-01 District Courts Act 1947
11: Amendment to Summary Offences Act 1981
1: This section amends the Summary Offences Act 1981.
2: The following section is inserted after section 45:
45A: Attachment order default
An employer who defaults in complying with an attachment order made in the High Court under rules of court against an employee of that employer is liable to a fine not exceeding $1,000. 2009-02-01 Summary Offences Act 1981