Rules changes in force from 1 September 2024

The Ministry of Justice has notified several amendments to the Rules of Court, which took effect on 1 September 2024. 

The relevant amendments are: 

Supreme Court Amendment Rules 2024 (SL 2024/142)
Senior Courts (Access to Court Documents) Amendment Rules 2024 (SL 2024/143)
District Court (Access to Court Documents) Amendment Rules 2024 (SL 2024/139)
Court of Appeal (Civil) Amendment Rules 2024 (SL 2024/140)
High Court Amendment Rules 2024 (SL 2024/151)
District Court Amendment Rules 2024 (SL 2024/141)
Criminal Procedure Amendment Rules 2024 (SL 2024/145)

An overview of the Rule changes is set out below.

1. Supreme Court Rules
Changes have been made to Rules 5A, 36 and Schedule 1 forms:

• Changes to Rule 5A extends the powers of the Registrar of the Supreme Court to decline to accept a document for filing on the grounds that the document contains plainly abusive material or concerns a matter of which the Supreme Court (the Court) lacks jurisdiction. Rule 5A will also allow the Registrar to extend the time within which a person is required to comply with a rule, direction, or order of the Court by consent or up to five (5) working days.
• Changes to Rule 36 include requiring parties to an appeal to file a table of contents with written submissions, and for written submissions to include information on the relief sought.
• Forms 1 and 2 in Schedule 1 have been amended so the format is easier to follow and identifies more clearly the decision being appealed. There is no change in substance.

2. Access to Court documents requests
Rule 11 of both the Senior Courts (Access to Court Documents) Rules and District Court (Access to Court Documents) Rules has been amended to require the Registrar to redact the address of the requestor when providing a copy of the request to the parties or to their lawyers.

3. Party acting in person. 
Court of Appeal (Civil) Rule 53A, High Court Rule 14.2, and District Court Rule 14.2 have been amended to allow a party who is without a solicitor on the record and who represents their own personal interest (including a lawyer representing their own interests) to claim costs in relation to proceedings. Schedule 2 of the High Court Rules has updated rates.

4. District Court Rules 2014 – Second Case Management Conference
Rule 7.4 of the District Court Rules has been amended to require that, where practicable, the second case management conference be presided over by the same Judge who presided over the judicial settlement conference.

5. Criminal Procedure Rules 2012
Rule 6.1 of the Criminal Procedure Rules has been amended with a provision that correctly refers to the location of the rules providing for access to court documents relating to criminal proceedings, as follows:

• court documents that are in the custody or control of the District Court are set out in the District Court (Access to Court Documents) Rules 2017; and
• court documents that are in the custody or control of the Supreme Court, Court of Appeal or set out in the Senior Courts (Access to Court Documents) Rules 2017.