Australian Capital Territory Consolidated Regulations

COURT PROCEDURES RULES 2006 - REG 35

    (1)     A proceeding may be started by originating application if—

        (a)     the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or

        (b)     there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process; or

        (c)     there is not enough time to prepare an originating claim because of the urgent nature of the relief sought; or

        (d)     a territory law allows the proceeding to be started by originating application.

Note 1     A territory law includes these rules (see Legislation Act, s 98).

Note 2     Rule 2501 (Contempt—applications generally) allows a contempt application to be made by originating application.

    (2)     Without limiting subrule (1), a proceeding may be started by originating application if—

        (a)     the only or main issue in the proceeding is the interpretation of legislation and a substantial dispute of fact is unlikely; or

        (b)     the only or main issue in the proceeding is the interpretation of a deed, will, contract or other document and a substantial dispute of fact is unlikely; or

        (c)     the relief sought is a declaration of right and there is no opposing party to the proceeding; or

        (d)     for a question or matter in relation to the estate of a deceased person or a trust, without administration of the estate or trust—

              (i)     the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or

              (ii)     there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process.

Examples for r (2) (d)

1     a question affecting the rights or interests of someone claiming to be a creditor, domestic partner or next of kin of the deceased person or beneficiary of the trust

2     finding out any class of creditors, next of kin or others

3     producing any particular accounts by the executors, administrators or trustees, and verifying the accounts (if necessary)

4     paying into court any amount held by the executors, administrators or trustees

5     directing the executors, administrators or trustees to do or not do something as executor, administrator or trustee

6     approving any sale, purchase, compromise or other transaction

7     deciding any question arising in the administration of the estate or trust

Note     An example is part of these rules, 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)     Also, a proceeding may be started by originating application if—

        (a)     a territory law requires or allows a person to apply to the court for an order or another kind of relief; and

        (b)     a particular kind of originating process (other than an originating claim or originating application) is required or allowed under a territory law.