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Civil Procedure Act 1972 - Civil Procedure (Amendment) (No 2) Rules 1979

REPUBLIC OF NAURU

CIVIL PROCEDURE ACT 1972

CIVIL PROCEDURE (AMENDMENT) (NO. 2) RULES 1979

ARRANGEMENT OF RULES

Rule

1. Title

2. Interpretation

3. Amendment of Order 64 of the Rules of Court

4. Amendment of Form No. 55

Practice Directions - Proceedings under section 1 of the Variation of Trusts Act 1958 of England

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IN EXERCISE of the powers conferred on me by section 76 of the Civil Procedure Act 1972, I hereby make the following rules of court -

TITLE

1. These Rules may be cited as the Civil Procedure (Amendment) (No. 2) Rules 1979.

INTERPRETATION

2. In these Rules "the Rules of Court" means the Rules of Court set out in the Schedule to the Civil Procedure Act 1972.

AMENDMENT OF ORDER 64 OF THE RULES OF COURT

3. Order 64 of the Rules of Court is amended -

(a) by inserting in the title thereof immediately after the words "PROCEEDINGS UNDER" the words, punctuation and figures "SECTION 57 OF THE TRUSTEE ACT, 1925, AND SECTION 1 OF";

(b) by deleting the headnote of rule 1 thereof and by insertion in lieu of it as anew headnote the words "MANNER OF APPLICATION"; and

(c) by inserting in rule 1 thereof -

(i) immediately after the words "Supreme Court" the words, punctuation and figures "under section 57 of the Trustee Act, 1925, of England in its application to Nauru or"; and

(ii) immediately after the words, punctuation and figures "the Variation of Trusts Act, 1958, of England in its application to Nauru" the words "or under both those sections".

AMENDMENT OF FORM NO. 55

4. Form No. 55 in Appendix A of the Rules of Court is amended by deleting therefrom the words, punctuation and figures "In the matter of an application under section 1 of the Variation of Trusts Act, 1958, of England in its application to Nauru" and by inserting in lieu thereof the words, punctuation and figures "In the matter of an application under section 57 of the Trustee Act, 1925, of England in its application to Nauru*/section 1 of the Variation of Trusts Act, 1958, of England in its application to Nauru*/section 57 of the Trustee Act, 1925, of England in its application to Nauru and section l of the Variation of Trusts Act, 1958, of England in its application to Nauru".

Made this 26th day of July, 1979.

I. R. Thompson
Chief Justice

PRACTICE DIRECTIONS

Where in proceedings under section 1 of The Variation of Trusts Act 1958, of England in its application to Nauru notification in writing by a defendant that he does not intend to enter an appearance is to be relied on by the plaintiff for the purpose of having the date of hearing of the originating summons fixed before the expiration of the period allowed for entering an appearance, the defendant's signature should be attested by a legal practitioner practising in the country where the notice is signed who either personally knows the defendant or has ascertained his identity. The notification in writing should be accompanied by an affidavit sworn by the legal practitioner as to his knowledge of the defendant or the manner in which he has ascertained the defendant's identity, and by a certificate as to his professional standing under the hand of a person authorised by the body regulating the conduct of members of the legal profession in the country concerned to give such certificates.

Dated 6th day of July, 1979.

I. R. Thompson

Chief Justice

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