Part 80
Transitional Provisions
Scope of this Part
| Scope of this Part | Rule 80.1 |
| New proceedings | Rule 80.2 |
| Old Proceedings | Rule 80.3 |
--------------------------------
80.1 (1) This Part deals with the extent to which the former Rules of the Supreme Court 1975 remain in force after the commencement of these Rules and the way in which actions, matters and other proceedings in existence as at the commencement date become subject to these Rules. (2) In this part "commencement date" means the 1st January 1999. New proceedings 80.2 These Rules apply to all proceedings commenced on or after the commencement date. Old Proceedings 80.3 (1) These rules shall not apply to any proceedings in which a trial date has been fixed provided that such trial shall commence on or before the 31st March 1999. (2) Where, in proceedings covered by paragraph (1) the trial does not commence before the 31st March 1999, the court office must fix a pre trial review and give to all parties at least 14 days notice of that hearing. From the date of that notice these Rules apply to those proceedings. (3) Whenever an application is made to adjourn the date of any trial which was fixed before the commencement date, that application must be treated as a pre trial review and these Rules apply as from the date the application for an adjournment is served on the other parties. (4) In all other proceedings in existence at the commencement date (a) these Rules shall apply to such proceedings from the commencement date; and (b) the claimant, plaintiff, applicant or any other party may apply not later than the 1 October 1999 for a date to be fixed for a case management conference. If he does not do so the proceedings (including any counterclaim, third party or similar proceedings and any claim for an indemnity) shall stand dismissed. |