Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(1) The court may, by order, dispense with the application of a provision of these rules to a particular proceeding, before or after the provision applies and on any conditions it considers appropriate.
Examples
1 Rule 111 (5) (Conditional notice of intention to respond) provides that, not later than 14 days after the day a conditional notice of intention to respond becomes an unconditional notice of intention to respond, the defendant must file a defence. The court may order that the defendant must file the defence not later than 21 days instead.
2 Rule 6009 (Application in proceeding—filing and service of supporting material) requires the supporting material for an application in a proceeding to be filed and served with the application. The court may order that the applicant may file the supporting material at time other than when the application is filed.
3 Rule 6350 (3) (Time—certain days excluded in working out) provides that any day in the period beginning on 25 December and ending on 1 January is excluded in working out when a thing must or may be, or is, done. In an urgent matter, the court may order that those days are not excluded when working out when a document is served.
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).
(2) If an application for an order under this rule in relation to a proceeding is made during the proceeding or after judgment is given in the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).
(3) Without limiting rule 6016 (Application in proceeding—oral application), an application for a decision or order under this rule may be made orally, unless the court otherwise orders on its own initiative.
(4) For the Supreme Court, if an application for an order under this rule in relation to a proceeding is made before the proceeding starts, the application must be made by originating application.
(5) An express reference in a provision of these rules to the court dispensing with the application (however expressed) of a provision of these rules (an affected provision ) does not, by implication, limit the operation of this rule to the affected provision or to any other provision of these rules.
Example
Rule 1002 (3) and (4) (Payment into court—bond) are as follows:
(3) The bond remains in effect unless the court otherwise orders.
Note 1 Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
Note 2 The parties to the proceeding may consent to the discharge of the bond under r 1611 (Orders—by consent).
(4) If the bond is given by an authorised person, a copy of the person's authority must be filed with the bond unless the authority has already been filed.
Rule 6 applies to rule 1002 (3). However, the operation of rule 6 is not limited to rule 1002 (3). For example, the court may make an order in a proceeding dispensing with the requirement in rule 1002 (4) to file a copy of the person's authority with the bond. Instead, the court may order that the authority be filed no later than 3 days after the day the bond is filed.
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).