Order 13 is the administrative spine of Supreme Court practice. It rarely decides an appeal, but it determines when the appeal is heard and what happens to a party who does not keep up.
Order 13 Rule 1
“Appeal Book” means an appeal book described in Order 7 rule 43 or an application book as referred to in Rule 7, and “Book” has the same meaning.
“Appellant” means the party who filed the originating process (whether an appeal, reference or application).
“Duty Judge” means the Duty Judge for the month as determined by the Chief Justice.
“matter” means any appeal, application, review or other proceeding on the General List, and includes any interlocutory application in respect of it.
“Summary Determination” means an application to dismiss a matter.
“Appellant” is defined by who filed, not by the nature of the proceeding. So the obligations placed on the appellant throughout Order 13 fall equally on an applicant for review and on a referrer.
“Book” covers the application book as well as the appeal book, which is how Order 13 Rule 7(3) extends Order 7 Divisions 14 and 15 to matters that are not appeals.
Rules 2 and 4
The Chief Justice shall assign a Judge to conduct listings and hear applications or motions which he or she has jurisdiction to hear, which will include urgent applications as provided in Rule 14. The Judge assigned is also the Duty Judge for that circuit month.
Rule 4: the Chief Justice will assign Judges to conduct hearings of the Court as may be determined in the Annual Circuit Calendar, and at such other times and places as the Chief Justice decides having regard to the volume of appeals and the urgency or importance of an issue to be decided.
Rules 6 to 12
| Stage | When | Rule |
|---|---|---|
| General List — on filing | Immediately | r 6(2) |
| Callover List — when the Book is filed | Called second Tuesday monthly | r 7 |
| Directions List — matters ready for hearing | Heard first Monday of the circuit month | r 8 |
| Draft Hearing List — dates allocated | At the Directions Hearing | rr 8(e), 12 |
| Status Conference — readiness confirmed | Monday of the week before sittings | r 10 |
| Hearing List — dates confirmed | Within 2 days of the Status Conference | r 12(2) |
The Duty Judge may conduct further Directions Hearings in the circuit month and cases may then be fixed for hearing, being added to the draft Hearing List. So a matter that misses the first Monday is not necessarily waiting a full month.
Rule 11: after the Status Conference the Duty Judge’s Associate shall record a summary in Form 10B and place it on the Court file.
Rule 16
The Court or a Judge may summarily determine a matter (a) on application by a party; (b) on referral by a Judge; (c) on the Court’s or Judge’s own initiative; or (d) upon referral by the Registrar under the Rule 16(2) procedure or pursuant to s 11 of the Act.
Where the Registrar refers a matter, he may give notice, 14 days before the hearing, in Form 10D to each party, or publish an appropriate notice in the media; shall place on the file any written response and advise the appellant to appear; and shall forward the file to the Court or a Judge on the day fixed, with any response received.
If the parties are unrepresented, the Registrar shall draft the Court Order, enter it and forward sealed copies. If the matter is dismissed, a sealed copy of the order and any judgment goes to the National Court which made the decision, and the file is closed.
Where the Registrar is of the opinion that a notice of appeal, or of an application for leave, does not show any substantial ground of appeal, the Registrar may refer the appeal to the Supreme Court for summary determination; and where the Court is satisfied the appeal is frivolous or vexatious and can be determined without a full hearing, it may dismiss the appeal summarily without calling on any person to attend. — Supreme Court Act.
Rule 14
Subject to expressed jurisdictional limits, urgent applications for a stay or other urgent interlocutory applications may be made before the Duty Judge.
The appointment is obtained from the Duty Judge or in his absence the Chief Justice by prior application to the Registrar. The request must be in writing and explain the reasons for the urgency. Where the applicant wishes to proceed ex parte, the request must explain why he seeks to dispense with the requirement for service.
The Registrar, on being satisfied with the reasons, refers the request to the Duty Judge or the Chief Justice in Form 10C. See stay applications.
Order 14
Order 14 establishes an On the Papers List. A case may be placed on it on the Court’s own motion, on the application of a party after each other party has had an opportunity to be heard, or on the joint request of the parties — in each case where it is in the interests of justice.
No case will be placed on the On the Papers List unless the appeal or application book has been filed. Books must be filed electronically using the Court’s Integrated Electronic Case Management System where within the data limits, though large multi-volume books not feasible for scanning may, with permission, be filed in hard copy.
Submissions in chief are limited to 50 pages including annexures and must specify any grounds abandoned; replies to five pages; and case references must be to the authorised report or, if not reported, to the SC or N number. Judgment stands reserved from the certified Expiry Date.
Sources
- Supreme Court Rules 2012 — O 7 r 43; O 13 rr 1–16; O 14; Forms 10A–10D, 18
- Supreme Court Act (Chapter 37) — s 11
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.