Australian Capital Territory Consolidated Acts

COURT PROCEDURES ACT 2004 - SCHEDULE 1

Schedule 1     Subject matter for rules

(see s 7)

Part 1.1     General

1     Jurisdiction

    (1)     the jurisdiction of ACT courts, including civil, criminal and any appellate jurisdiction

    (2)     the jurisdiction of prescribed tribunals

    (3)     the jurisdiction of the master, registrars and deputy registrars, including review of their decisions

2     Service of documents

service of documents, including, for example, the following:

        (a)     the kinds of service, including personal service and electronic service;

        (b)     service outside the ACT or Australia;

        (c)     service of foreign legal process in the ACT

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

3     Evidence

taking evidence generally, including, for example, the following:

        (a)     the way evidence may be given;

        (b)     dispensing with the rules of evidence;

        (c)     taking evidence out of court;

        (d)     taking of evidence for future claims;

        (e)     subpoenas;

        (f)     affidavits and exchange of correspondence instead of affidavit evidence;

        (g)     obtaining evidence, including calling witnesses;

        (h)     taking evidence outside the ACT or Australia;

              (i)     taking evidence in the ACT for foreign courts and tribunals

4     Certain proceedings

    (1)     review of Magistrates Court decisions by order nisi

    (2)     cases stated and questions reserved to the Supreme Court

    (3)     cases stated and questions reserved from the Supreme Court to the Court of Appeal

5     Admission of lawyers

the admission of lawyers

6     Miscellaneous

the following matters:

        (a)     case management;

        (b)     documents filed in registries, including electronic filing;

        (c)     the receipt, issue or transmission electronically of forms and other documents and material for use in, or in relation to, proceedings;

        (d)     functions of registries generally;

        (e)     exhibits and other things held by an ACT court or prescribed tribunal for a proceeding, including, for example, disposal or destruction of unclaimed things;

        (f)     rules relating to lawyers acting for parties in proceedings;

        (g)     rules about the reckoning of time and anything else about time;

        (h)     confidentiality for mediators, neutral evaluators and expert witnesses;

              (i)     protection from liability for mediators, neutral evaluators and expert witnesses;

        (j)     transitional arrangements

Part 1.2     Civil proceedings

7     Beginning proceedings

beginning proceedings, including, for example, the following:

        (a)     originating process, including duration, renewal and setting aside;

        (b)     where to begin proceedings;

        (c)     preliminary discovery, including discovery to identify defendants

8     Transfer between courts

transfer of proceedings between courts, including, for the Supreme Court, cross-vesting of jurisdiction

9     Parties and proceedings

parties and proceedings, including, for example, the following:

        (a)     several causes of action and parties in civil proceedings, including reconstitution of proceedings and representative parties;

        (b)     multiple civil proceedings;

        (c)     interpleader proceedings;

        (d)     proceedings by or against businesses or people with a legal disability;

        (e)     set-off and contribution, including, for example, rights to set-off and contribution;

        (f)     third-party procedure

10     Steps in proceedings

steps in proceedings, including, for example, the first step for a defendant in a proceeding

11     Pleadings

pleadings, including, for example, the following:

        (a)     matters in pleadings and particulars;

        (b)     progress of pleadings;

        (c)     particular pleadings, including statements of claim, defences and counterclaims;

        (d)     striking out pleadings and particulars

12     Disclosure

disclosure, including, for example, the following:

        (a)     disclosure by parties, including discovery and inspection of documents and interrogatories;

        (b)     non-party disclosure;

        (c)     admissions;

        (d)     disclosure of experts reports;

        (e)     disclosure of other material to which legal professional privilege may attach, including by direction or order of the court or tribunal

13     Preservation of rights and property

preservation of rights and property, including, for example, the following:

        (a)     inspection, detention and preservation of property;

        (b)     injunctions;

        (c)     for the Supreme Court—receivers and sales of land by court order

14     Ending proceedings early

ending proceedings early, including, for example, the following:

        (a)     ending proceedings because of default;

        (b)     summary decisions;

        (c)     discontinuance and withdrawal;

        (d)     offers to settle and payments by defendants;

        (e)     the referral of cases to arbitration;

        (f)     alternative dispute resolution processes

15     Court supervision

court supervision, including, for example, the following:

        (a)     directions about conducting proceedings;

        (b)     consequences of failing to comply with rules, directions or court orders;

        (c)     amendments, with and without leave;

        (d)     continuation of proceedings after delay;

        (e)     pre-trial matters, including pre-trial directions and rulings

16     Expert evidence

expert evidence generally, including, for example, the following:

        (a)     giving immunity from action to experts in relation to reports tendered in evidence;

        (b)     matters relating to court experts, including—

              (i)     how the court is to choose an expert; and

              (ii)     how experts may give evidence and be questioned;

        (c)     defining the duty of expert witnesses in relation to the court and the parties;

        (d)     prescribing the basis of, and conditions for, admissibility of expert evidence

17     Trials and other hearings

trials and other hearings, including, for example, the following:

        (a)     practice lists;

        (b)     list applications for hearing and setting trial dates;

        (c)     conduct of trials;

        (d)     decisions without pleadings or without hearings;

        (e)     separate decisions on questions;

        (f)     assessors and special referees;

        (g)     making findings of liability independently of awarding damages;

        (h)     assessment and awarding of damages, including, for example—

              (i)     structured settlements, that is, payment of awards of damages otherwise than in lump sum form; and

              (ii)     awarding damages independently of making findings of liability;

              (i)     simplifies procedures for certain claims

18     Judgments

judgments, including, for example, the following:

        (a)     effect of judgments;

        (b)     setting aside judgments

19     Particular proceedings

particular proceedings, including, for example, the following:

        (a)     taking of accounts;

        (b)     proceedings for damages for personal injury or death;

        (c)     the payment of amounts into court;

        (d)     for the Supreme Court—judicial review proceedings;

        (e)     for the Supreme Court—prerogative orders, including prerogative injunctions and declarations, and the form in which prerogative relief or remedy may be granted;

        (f)     for the Supreme Court—habeas corpus orders, including the form in which relief by way of habeas corpus may be granted

20     Interest

interest, including, for example, the following:

        (a)     interest up to judgment;

        (b)     interest on judgments

21     Administration and probate

for the Supreme Court, administration and probate, including, for example, the following:

        (a)     applications for grants of probate or letters of administration and the documents required;

        (b)     resealing grants;

        (c)     caveats objecting to grants, orders to administer or resealing grants;

        (d)     contested proceedings

22     Adoption

for the Supreme Court, adoption, including, for example, applications for adoptions

23     Arbitration

for the Supreme Court, arbitration, including, for example, the use of court-appointed referees

24     Contempt of court

contempt of court, including, for example, the following:

        (a)     contempt of the court as constituted other than by a judge or magistrate;

        (b)     proceedings for failure to comply with orders, other than orders to pay an amount

25     Trusts

for the Supreme Court, trusts

26     Costs

costs, including, for example, the following:

        (a)     security for costs;

        (b)     entitlement to recover costs;

        (c)     costs of parties in proceedings;

        (d)     assessment of costs

27     Appeals

appeals, including, for example, the following:

        (a)     for the Magistrates Court and prescribed tribunals—appeals to the Supreme Court;

        (b)     for the Supreme Court—

              (i)     appeals to the Supreme Court other than to the Court of Appeal; and

              (ii)     appeals to the Court of Appeal

28     Enforcement of judgments

enforcement of judgments, including, for example, the following:

        (a)     enforcement hearings, including examination procedures;

        (b)     enforcement orders, including the following:

              (i)     enforcement orders for entry onto, and delivery of possession of, land;

              (ii)     enforcement orders for seizure and sale of property;

              (iii)     enforcement orders for seizure and delivery of particular goods;

              (iv)     enforcement orders for seizure and detention of property;

              (v)     enforcement orders for the attachment or redirection of debts, income and other money;

              (vi)     for the Supreme Court—enforcement orders for charging orders and stop orders;

        (c)     instalment orders;

        (d)     powers of enforcement officers

29     Reciprocal enforcement of foreign judgments

reciprocal enforcement of foreign judgments

Part 1.3     Criminal proceedings

30     Practice and procedure in criminal jurisdiction

practice and procedure in the criminal jurisdiction of the Magistrates Court and Supreme Court (including any appellate jurisdiction) generally, including, for example, the following:

        (a)     forms for proceedings;

        (b)     beginning criminal proceedings, including indictments and informations;

        (c)     appearance;

        (d)     arraignments;

        (e)     applications;

        (f)     pleadings;

        (g)     duties of lawyers and the court;

        (h)     pre-trial matters, including pre-trial directions and rulings;

              (i)     regulating hearings and trial proceedings;

        (j)     expert evidence;

        (k)     custody and inspection of exhibits;

        (l)     recording of proceedings and access to records;

        (m)     costs payable to defendants in particular circumstances;

        (n)     inspecting registry files;

        (o)     appeals, including appeals to the Supreme Court and Court of Appeal;

        (p)     listing trials, sentences, applications and appeals for hearing, and setting hearing dates;

        (q)     enforcement of decisions