South Australian Consolidated Acts

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FOREIGN JUDGMENTS ACT 1971 - SECT 10

10—Rules of Court

        (1)         Rules of the Supreme Court may be made by any three or more Judges of the Supreme Court prescribing any matters necessary or expedient for the purposes of this Act and without limiting the generality of the foregoing those rules may—

            (a)         invest the Court with discretion to require any person applying for registration of a judgment to give security for costs; and

            (b)         prescribe any matters to be proved upon an application for registration of a judgment and regulate the manner in which those matters are to be proved; and

            (c)         regulate the manner in which a judgment debtor is to be served with notice of the registration of a judgment; and

            (d)         fix a period within which an application to set aside registration of a judgment may be made and provide for the extension of that period by order of the Court; and

            (e)         prescribe the manner in which any questions arising under this Act are to be determined; and

            (f)         prescribe any fee for the purposes of this Act.

        (2)         All rules made in pursuance of this section—

            (a)         shall be published in the Gazette; and

            (b)         shall be laid before both Houses of Parliament within fourteen days after that publication if Parliament is then in session, and if not, within fourteen days after the commencement of the next session of Parliament; and

            (c)         shall, subject to disallowance in accordance with this section, have, as from the date of publication in the Gazette, or from any later date specified in the rules, the force of law, and be judicially noticed.

        (3)         If either House of Parliament within fourteen sitting days (whether or not those sitting days occur in the same Session of Parliament as that in which the rules were laid before that House) after the rules are laid before it passes a resolution disallowing all or any of those rules, the rules disallowed shall cease to have any effect, but that disallowance shall not affect the validity, or cure the invalidity of anything done in the meantime.



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