Australian Capital Territory Repealed Regulations Australian Capital Territory Repealed RegulationsThis legislation has been repealed.
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Name of rules
2. Dictionary
3. Notes
4. Application of rules
5. Meaning of plaintiff and defendant
6. Meaning of lawyer
7. Terms defined in Magistrates Court Act
8. References to forms by number
PART 3--INSTITUTION OF PROCEEDINGS
13. Lodgment and filing of originating process
14. Numbering of proceedings
15. Contents of originating process
16. Signing of originating process
17. Proceedings by claim
17A. When proceeding by claim begins
18. Form of claim
19. More than 1 cause of action
20. Division of cause of action
21. Abandonment of excess
22. Proceedings by application
22AA. When proceeding by application begins
22A. Originating process struck out after 1 year
PART 4--SERVICE
23. Service of documents generally
24. Service of originating process by post
25. Substituted service
26. Service on legal practitioner
27. Service at address for service
28. Address for service
29. Time of service
30. Proof of service of documents
31. Doubtful service
32. No need for production of original document
33. Waiver of objection to service
PART 5--CESSATION AND RENEWAL OF CLAIM
34. Cessation of original claim
35. Renewal of claim
36. Cessation of renewed claim
PART 6--DEFENCE, JUDGMENT BY DEFAULT, CONFESSION OR AGREEMENT, AND SPECIAL DEFENCES
Division 6.1--Notice of grounds of defence
37. Filing of notice of grounds of defence
38. Form of notice of grounds of defence
39. Service of notice of grounds of defence
40. Reliance on defence not disclosed
Division 6.2--Judgment in default of defence
41. Interlocutory judgment by default on ordinary claim
42. Assessment of recoverable amount following interlocutory judgment
43. Judgment by default on special claim
Division 6.3--Judgment by confession
44. Judgment by confession
Division 6.4--Judgment by agreement
45. Judgment by agreement
Division 6.5--Special defences
46. Defence of tender before action
47. Defence of set-off
48. Cross-claim
49. Abandonment of excess of cross-claim
50. Proceedings on cross-claim
51. Trial of cross-claim
PART 7--REPLY
52. Filing of reply
53. Form of reply
54. Service of reply
55. Defence to cross-claim
PART 8--THIRD-PARTY PROCEDURE
56. Meaning of third party
57. Filing of third-party notice
58. Service of documents
59. Stay of proceedings
60. Rights and liabilities of third party
61. Procedure on hearing
62. Enforcement
63. Subsequent joinder of parties
64. Separate trials
65. Codefendants
66. Costs in proceedings if third party joined
PART 9--DISCONTINUANCE AND WITHDRAWAL
67. Discontinuance
68. Withdrawal
69. Costs
70. Effect of discontinuance
PART 10--PAYMENT INTO COURT
71. How money paid into court
72. Payment by defendant
73. Form of notice of payment
74. Service of notice of payment into court
75. Abandonment of cross-claim
76. No admission of liability
77. Acceptance of amount paid into court
78. Effect of acceptance of money paid into court
79. Withdrawal of money paid into court
80. Order for payment out after acceptance
81. Payment of money under defence of tender
82. Nondisclosure of payment into court
83. Costs if money paid into court
84. Money paid into court remaining at judgment
85. Lodgment of bond
PART 11--PERSONS UNDER DISABILITY
86. Capacity as regards proceedings
87. Liability for costs
88. Entitlement to be next friend or guardian ad litem
89. Appointment of next friend
90. Appointment of guardian ad litem
91. Record of appointee
92. Removal of next friend or guardian ad litem
93. Admission on pleadings
94. Judgment in proceedings if no guardian ad litem appointed
95. Compromise before action
96. Approval of settlement involving person under disability
97. Money recovered by person under disability
98. Service on person under disability
PART 12--PLEADINGS AND PARTICULARS
Division 12.1--Pleadings generally
99. Paragraphs in pleadings
100. Facts in evidence
101. Brevity
102. Documents and spoken words
103. Presumed facts
104. Conditions precedent
105. Money claims
106. Matters for specific pleading
107. Contributory negligence
108. New matter
109. Departure
110. Points of law
111. Admissions and traverse
112. Joinder of issue
113. Striking out of inadequate etc pleading
114. General issue abolished
Division 12.2--Particulars
115. Sufficient particulars
116. Fraud etc
117. Condition of mind
118. Negligence and breach of statutory duty
119. Out-of-pocket expenses etc
120. Amount claimed for property damage
121. How particulars in pleadings given
122. Further and better particulars
PART 13--INTERLOCUTORY MATTERS
Division 13.1--Interlocutory application
123. Interlocutory applications
124. Hearing of motion
125. Costs on application
Division 13.2--Amendment
126. General power of amendment
127. Amendment of pleading without leave
128. Consequential amendment of defence or reply
129. Disallowance of amendment
130. Duration of leave
131. Direction for mode of amendment
132. Simple mode of amendment
133. Mode of amendment of fresh document
134. Service after amendment
135. Statutes of limitation
136. Amendment of judgment, order or certificate to correct error
137. Costs in relation to amendment
Division 13.3--Summary judgment
138. Summary judgment for plaintiff
139. Summary stay or dismissal
140. Residue of proceedings
141. Dismissal for want of prosecution
Division 13.4--Parties
142. Joinder of parties generally
143. Joint right
144. Common liability
145. Inconvenient joinder of parties
146. Misjoinder and nonjoinder of parties
147. Joinder of parties by order
148. Removal of parties
149. Death, transmission etc
150. Further conduct of proceedings
151. Failure to proceed after death of party
152. Representatives re concurrent interests
153. Deceased person
154. Executors and administrators
Division 13.5--Consolidation
155. Consolidation
Division 13.6--Admissions
156. Voluntary admissions
157. Notice to admit facts
158. Admission of documents discovered
159. Judgment on admissions
160. Restricted effect of admissions
161. Costs
Division 13.7--Interrogatories
162. Interrogatories
Division 13.8--Discovery and inspection
163. Notice for discovery
164. Discovery on notice
165. Limitation of discovery on notice
166. Codefendants
167. Order for general discovery
168. Contents of affidavit of discovery
169. Absence of privilege
170. Order for particular discovery
171. Document referred to in pleading or affidavit
172. Order for production
173. Power to take copies
174. Production to court
175. Inspection to decide objection
176. Order only if necessary
177. Default
178. Public interest
PART 14--HEARING
Division 14.1--Setting down for hearing
179. Certificate of readiness for hearing
180. Application for expedited hearing
Division 14.2--Procedure on hearing
182. Court's direction in relation to conduct of hearing
183. Order of presentation of cases
184. Procedure if both parties appear
185. Procedure in absence of party
186. Procedure if neither party appears
Division 14.3--Subpoena to witness
187. Issue of subpoena
188. Production by non-party
189. Setting aside of subpoena
190. Production on notice
Division 14.4--Adjournment, stay or postponement of proceedings
191. Adjournment of proceedings
192. Stay of proceedings
193. Postponement of hearing by registrar
PART 15--EVIDENCE
Division 15.1--Evidence generally
195. Oral evidence
196. Evidence by affidavit
197. Examination on oath
198. Proof of court documents
199. Medical evidence
200. Privilege
201. Dispensing with rules of evidence
Division 15.2--Examinations de bene esse
202. Order for examination of witnesses
Division 15.3--Affidavits
203. Time for swearing affidavits
204. Form of affidavit
205. Irregularity in affidavit
206. Filing and service of affidavit
207. Cross-examination of deponent
208. Contents of affidavits
209. Deponents for affidavits answering interrogatories or of discovery
210. Affidavit by illiterate or blind person
211. Affidavit by person unable to understand English
212. Annexures and exhibits to affidavits
213. Alterations in affidavits
214. Scandalous or offensive matter
PART 16--JUDGMENT
215. Powers of court on judgment
216. Damages to time of assessment in certain cases
217. Judgment in actions relating to detention of goods
218. Judgment for costs only
219. Time for compliance
220. Judgment final and conclusive
221. Setting aside of judgment or order
222. Setting aside of judgment entered irregularly
223. Time of effect of judgment or order
224. Reservation of judgment or decision
225. Minute of judgment
226. Formal order for judgment
227. Evidence of judgment
228. Joint liability
229. Setting off of judgments
230. Interest up to judgment
231. Judgment by default, confession or agreement—interest
232. Judgment for interest only
233. Amendment of claim for interest
234. Interest on judgments
235. Limitation periods
236. Payment of judgment debts generally
237. Payment of part of judgment debt
238. Entry and enforcement of judgment in Supreme Court
PART 17--INTERPLEADER
239. Meaning of property for pt 17
240. Interpleader by defendant
241. Interpleader by bailiff
241A. When interpleader proceeding begins
242. Notice of application for relief
243. Interpleader proceedings
244. Service of documents
245. Adverse titles
PART 18--COSTS
Division 18.1--General
246. Costs in discretion of court or to follow event
247. Time for exercise of court's powers in relation to costs
248. Fixing of costs
249. Agreement about costs
250. Entitlement to taxation
251. Costs part of judgment debt
252. Court's power about costs if no jurisdiction
253. Power of court to vary entitlement to taxed costs
254. Time for payment of costs
255. Taxation if judgment subject to appeal etc
256. Noncompliance with rules or order
257. Liability of solicitor for costs
257A. Costs—certain applications under Common Boundaries Act
Division 18.2--Particular items
258. Nature of costs to be allowed or disallowed on taxation
259. Scale of costs
260. Scale of costs for proceedings on cross-claim
261. Scale of costs in enforcement proceedings
262. Scale of costs in proceedings if there are separate judgments against
263. Amount paid to nonlegal representative
264. Retainer to legal practitioner
265. Brief fees paid to more than 1 barrister
266. Refresher fees
267. Fees when barrister absent
268. Reckoning of 5 hour periods
269. Amounts paid to witnesses
270. Expenses of preparing plans etc
271. Disbursements
272. Costs not otherwise provided for
Division 18.3--Taxation
273. Filing, and appointment to tax, bill of costs
274. Contents of bills of costs
275. General powers of registrar on taxation
276. Notice of adjournment of taxation proceedings
277. Report to court
278. Reference to court for directions
279. Default of party entitled
280. Cross costs
281. Certificate of taxed costs
282. Review of taxation
283. Costs of proceedings before registrar on taxation
284. Fee to barrister on taxation proceedings
285. Attendance of parties on taxation
Division 18.4--Security for costs
286. Security for costs
PART 19--ENFORCEMENT OF JUDGMENTS
Division 19.1--Preliminary
287. Interpretation for pt 19
288. Exercise of powers
289. Costs
290. Court Procedures Act 2004, s 81 not to apply
291. Court may exercise powers of registrar
Division 19.2--Orders at time of judgment
292. Instalment and garnishee orders
293. Order for issue of writ of execution
Division 19.3--Examination procedures
294. Notice requiring financial information
295. Issue of examination summons
296. Content of examination summons
297. Service of examination summons
298. Examination of judgment debtor
299. Orders following examinations
300. Report of certain examinations
301. Subsequent examinations
302. Failure to attend in answer to summons
303. Warrants
304. Police assistance
305. Examination after issue of warrant
306. Refusal to be examined
307. Registrar may adjourn examination
Division 19.4--Instalment orders
308. Instalment orders on application by judgment debtor
309. Instalment orders by agreement
310. Objection by judgment creditor to instalment order
311. Hearing by court
312. Service of instalment orders
313. Judgment creditor may apply for variation or revocation
314. Stay of enforcement of judgment
315. Payment to judgment creditor
316. Default
Division 19.5--Garnishee orders
317. Orders on application to registrar
318. Grounds for refusing orders
319. Form and effect of orders
320. Service of garnishee orders
321. Stay of garnishee orders attaching earnings
322. Part only of earnings may be attached
323. One order attaching earnings to operate at a time
324. Limitations on payments under orders attaching earnings
325. Accounts with authorised deposit-taking institutions
326. Direct crediting—veterans' pensions
327. Payments by garnishees
328. Time for payment
329. Notice by garnishee to judgment creditor
330. Application to vary or revoke garnishee order
331. Application for instalment order
332. Determination of application
333. Court may order writ of execution to be issued
334. No debts due or accruing
335. Failure to comply with order
336. Lien or claim of third party on debt
337. Excess paid by garnishee
338. Reduction of attached debt
339. Deductions by garnishees
340. Judgment debtor ceases employment
342. Stay of enforcement of judgment
Division 19.6--Execution against personal property
343. Issue of writs of execution
344. Leave to issue required in certain circumstances
345. Form of writ of execution
346. Priority and duration of writs
347. Seizure of property for sale
348. Seizure of money and things in action
349. Entry, search and seizure—bailiff's powers
350. Safekeeping of property seized
351. Property seized not abandoned
352. Removal of property seized
353. Notice of seizure
354. Exempt property
355. Stay of sale of property seized
356. Payment preventing execution
357. Suspension of execution by judgment creditor
358. Agreements to withdraw and re-enter
359. Deposit to cover costs of execution
360. Conditions of sale
361. Time of sale
362. Postponement
363. Determining market value
364. Judgment debtor may challenge market value
365. Sale by public auction
366. Sale by private agreement
367. Terms about payment
368. Sale price to be recorded
369. Purchase by bailiffs or auctioneer prohibited
370. Auctioneer to account
371. Surplus sale proceeds paid to judgment debtor
372. Costs of execution
373. Payment of amounts raised to registrar
374. Proceeds of writ
375. Account
376. Order for disposal
377. Property to be returned to judgment debtor
378. Separate execution for costs
380. Liability of bailiffs
Division 19.7--Miscellaneous
380A. Enforcement of payment directed by Essential Services Consumer Council
380B. Keeping of records
380C. Service and execution of process
380D. Notice of service of process
380E. Receipt for money
380F. Return on writ
380G. Notices
380H. Bailiff not to act as agent
PART 21--APPEALS TO SUPREME COURT
388. Application for leave to appeal
389. Institution of appeal
390. Substituted service of notice of appeal
PART 22--SMALL CLAIMS COURT
Division 22.1--Preliminary
394. Definitions for pt 22
394A. Explanatory material in forms etc
395. Application of rules to small claims proceedings
Division 22.3--Commencement of proceedings
403. Assistance to members of public
404. Originating applications
405. Single application for each matter
406. Debt declarations
407. Interest claims
408. Service of originating applications
409. Amendments
Division 22.4--Pre-conference procedures
410. Application—common boundaries applications
411. Response
412. Admission of liability
413. Admission of liability—payment of money
414. Admission of liability—bonds
415. Admission of liability—acceptance by applicant
416. Contested applications—conferences and inquiries
417. Failure to respond
Division 22.5--Striking out application
418. Originating applications struck out after 1 year
Division 22.6--Conferences
419. Directions for conferences
420. Conference objectives
421. Variation of conference fixtures
422. Representation at conferences
423. Persons entitled to be present
424. Adjournment
425. Consent judgments
426. Failure of conciliation—direction for inquiry
428. Failure to attend conference
Division 22.7--Inquiries
Subdivision 22.7.1--General procedure
429. Directions for inquiries
430. Inquiries—constitution of Small Claims Court
431. Inquiry procedure
432. Investigators
433. Giving evidence by oath or affirmation
434. Representation at inquiries
436. Interlocutory applications
437. Adjournment of inquiry
438. Transfer of small claims proceedings to general jurisdiction of
439. Transfer of proceedings in general jurisdiction of court to small claims
440. Discontinuance
441. Failure to appear
442. Dismissal for abuse of process
443. Restoration of proceedings
Subdivision 22.7.2--Witnesses and evidence
444. Subpoena
445. Subpoena to produce
446. Retention of subpoenaed documents and things
447. Witness fees and expenses
448. Enforcement of subpoena
Subdivision 22.7.3--Judgments
450. Finality of judgments
451. Consent judgments
452. Form of judgments
453. Counterclaims and set-offs
454. Interest up to judgment—Small Claims Court
455. Interest on judgment debts
456. Costs
457. Orders to perform work
458. Orders to perform work—conditions for payment
459. Goods orders
460. Trespass
461. Debt declarations—orders
462. Other orders
Subdivision 22.7.4--Enforcement of judgments
463. Application of rules
464. Joint liability
465. Notice—orders made in person's absence
466. Enforcement of orders by executors and administrators
467. Payment of money under judgment
Division 22.8--Service of documents
468. Service
469. Doubtful service
PART 23--MISCELLANEOUS
472. Headings of court documents
473. Requirements for documents
474. Power of court in relation to scandalous etc documents
475. Notice of rejection of documents
476. Signature of legal practitioner on documents
477. Sealing duplicate documents
479. Magistrate in chambers
480. Chamber business
481. Consent orders
482. Right of appearance
483. Review of decisions of registrar
484. Representation by legal practitioner
485. Appointment of legal practitioner
486. Change of legal practitioner
487. Time of effect of change etc of legal practitioner
488. Corporations acting in person
489. Reckoning of time
490. Extension and abridgment of time
491. Fixing of times
492. Irregularity in proceedings
493. Restoration of proceedings struck out
494. Certified copies of official records
495. Records of default judgments
496. Infant plaintiffs
SCHEDULE 1
DICTIONARY
ENDNOTES