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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 10. | Recommendation 10 Application of the RHC should continue to be excluded in relation to the classes of proceedings set out in O 1 r 2(2) ("the excluded proceedings"). |
RHC Orders 1, 2, 5, 7, 8, 9, 17, 28, 30, 53, 73, 75, 76, 80, 83A, 89, 90, 100, 102, 115, 118, 119, 121 and Appendix A |
Rules 9-62 | ||||
| 11. | Recommendation 11 In so far as appropriate, other specialised types of proceedings governed by their own procedural rules and requirements should be added to the excluded proceedings and special provision should be made in respect of election petitions. |
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| 12. | Recommendation 12 The rules of the RHC making it mandatory to commence certain proceedings by writ or, as the case may be, by originating summons, should be abolished. |
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| 13. | Recommendation 13 In all cases other than the excluded proceedings, the parties should be permitted to commence proceedings either by writ or by originating summons, with the RHC indicating that a writ is appropriate where a substantial dispute of fact is likely and that an originating summons is appropriate where the main issue is one of law or construction, without involving any substantial dispute of fact. |
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| 14. | Recommendation 14 Originating motions and petitions should be abolished (save where they are prescribed for commencing any of the excluded proceedings). |
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| 15. | Recommendation 15 Unless the court otherwise directs (in accordance with applicable laws), all hearings of originating summonses should take place in open court. |
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| 16. | Recommendation 16 It should continue to be the case that an inappropriate mode of commencement does not invalidate steps taken in the proceedings so commenced and that in such cases, the court should give suitable directions for continuation of the proceedings in an appropriate manner. |
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