New court rules 'unsuitable for the 1980s’

Press, 16 January 1986, Page 26

New court rules 'unsuitable for the 1980s’

PA Auckland The High Court Rules introduced on January 1 to streamline civil disputes will not speed proceedings, a Law Society vice-presi-dent has said. Mr Donald Dugdale said the rules were an improvement but were still not suitable for the 1980 s. “The rules committee has succeeded in replacing a set of rules appropriate to, and in some cases literally dating from, the horse-and-buggy era with a set of rules appropriate to the era of the Ford Prefect,” he said. “The whole situation is a good example of how some tasks need a more concentrated effort than some part-time body of eminent lawyers meeting at irregular intervals can give.” Mr Dugdale said the provision for summary judgments could be useful.

“It could mean an end to a lot of spurious defences which, up to now, stood in the way of what have really been debt collecting actions.”

The main changes brought about by the High Court Rules replacing the

Code of Civil Procedure introduced in 1882 are aimed at speeding the business of the court and making it less costly. The High Court Rules came into force with . the Judicature Amendment Act, 1985.

Mr Gordon Cain, who helped the procedure review committee which reported to the rules committee, said the proceedings for beginning a civil action had been simplified. Under the new rules, a plaintiff was required to file a statement of claim and a notice of proceeding against a defendant This replaced the archaic system of issuing a writ of summons which was required to be sealed by the Court.

Mr Cain said the notice of proceeding dispensed with the official-sounding writ which could give some defendants the impression the Court had aligned itself with the plaintiff. The notice of proceeding also applied to other areas of litigation. Bankruptcy petitions, notices of motion and originating summonses would be replaced by the single notice of proceeding.