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MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005

MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      These rules to be read with the Magistrates Court (General) Rules 2005  
   4.      Terms used  
   5.      When these rules apply  
   6A.     Exercise of Court’s powers in Part 3 of the Act

   PART 2 -- How to make and defend a claim  

   7.      How to make a claim that starts a case  
   8.      How to make a third party claim  
   9.      How to respond to a claim  
   10A.    If you admit a claim  
   10B.    If you admit part of a claim  
   10C.    You may admit liability but dispute the amount claimed  
   10.     How to accept an offer of settlement

   PART 4 -- If you or another party does not defend a claim  

   16.     When this Part applies  
   17.     If the claim is for a liquidated amount  
   18.     If the claim is for an unliquidated amount  
   19.     If the claim against you is to recover possession of personal property  
   20.     Registrar may give default judgment in absence of parties  
   21.     Registrar not to give judgment in certain cases  
   22A.    Default judgment one year or more after originating claim, referral to Magistrate  
   22.     Application for default judgment to be dismissed if not granted  
   23A.    Registrar may order costs after giving judgment

   PART 5 -- Status conferences and pre‑trial conferences  

   23.     Listing case for a status conference  
   23AA.   What happens at a status conference  
   24.     What happens at a pre‑trial conference  
   25C.    List of documents you might tender at trial  
   26.     Your attendance at a status conference, pre‑trial conference or hearing  
   27.     Listing the case for trial  
   28.     Status of things said or done at a status conference or a pre‑trial conference

   PART 6 -- Mediation  

   29.     Mediation conference  
   30.     Attendance of parties at mediation conferences  
   31.     Outcome of mediation  
   32.     Further pre‑trial conference if case not settled

   PART 7 -- Consent orders and settlement  

   33.     Memorandum of consent  
   34.     Registrar may make consent orders or give judgment  
   35.     When the rules require your consent  
   36.     Settling claims involving a person under a legal disability

   PART 8 -- Trial  

   37.     How the trial of your case is to be conducted  
   38.     Your attendance at trial  
   39.     How to call witnesses  
   39A.    Compliance with witness summons  
   40.     Return of things after trial

   PART 9 -- Orders and judgments  

   41.     Money paid to you if you are a person under a legal disability  
   42.     Setting aside default judgment  
   43.     Decisions of registrars  
   44.     Requests for certificate of judgment

   PART 10A -- Inactive cases  

   45A.    Term used: inactive case  
   45B.    When your case becomes inactive  
   45C.    Notification of inactive cases  
   45D.    Consequences of case becoming an inactive case  
   45E.    Cases no longer taken to be inactive  
   45F.    Dismissal of inactive cases

   PART 10 -- How to lodge documents  

   45.     How to lodge a document  
   46.     Where you may lodge a claim that starts a case  
   47.     You must lodge a document by using the ECMS unless these rules permit you not to  
   48.     Lodging documents by email  
   49.     Form of documents lodged using ECMS or by email  
   49A.    Time documents are lodged  
   49B.    General provisions as to lodgment  
   49C.    Lodging documents by post or fax  
   49D.    The Court may convert paper documents to electronic form

   PART 11 -- How to serve documents

           Division 1 -- General  

   50.     Meaning of serve  
   51.     How to serve a document  
   52.     An enforcement officer may serve documents for you  
   53.     You must lodge an affidavit after serving a document

           Division 2 -- Service at a residential or business address  

   54.     Your address must be on each document  
   55.     If you are not represented  
   56.     If you are represented  
   57.     If your address changes

           Division 3 -- Personal service  

   58.     Service on an individual personally  
   59.     Service on a partnership personally  
   60.     Service on a corporation personally  
   61.     Service on a public authority personally

           Division 4 -- Miscellaneous  

   62A.    Applications for substituted service

   PART 12 -- How to make an application  

   62.     How to make a written application  
   63.     Your supporting affidavit  
   64.     Application must be served  
   65.     Response to an application  
   66.     How the Court will deal with your application

   PART 13 -- Affidavits  

   67.     Form of an affidavit  
   68.     Content of an affidavit

   PART 14 -- If you need a litigation guardian  

   69.     Terms used  
   70.     When this Part applies  
   71.     If you are a represented person  
   72.     Affidavit your litigation guardian must lodge and serve if you are a represented person  
   73.     If you are a child  
   74.     Affidavits your litigation guardian must lodge and serve if you are a child  
   75.     Person may apply to be appointed your litigation guardian

   PART 15 -- Miscellaneous  

   76A.    If you are making an application under the Residential Tenancies Act 1987  
   76B.    If you want to change venues  
   76C.    If you want to correct typographical and other errors  
   76.     You may discontinue claim  
   77.     Availability of forms  
   78.     Partnership name may be used  
   79.     When you are required to do things personally and you are not an individual  
   80.     Payments into Court  
   81.     Registrar’s powers under the Civil Judgments Enforcement Act 2004

   PART 16 -- Transitional rules for the Magistrates Court Rules Amendment Rules 2020  
   82. Terms used in this Part  

   83.     Application of amended Rules in relation to transitional cases  
   84.     Application of former Rules in relation to certain transitional cases  
   85.     Listing transitional cases for a status conference  
   86.     Court or registrar may give directions in relation to transitional issues

   PART 17 -- Transitional rules for the Magistrates Court Rules Amendment Rules 2022  
   87. Consumer/trader claims
   Defined terms  
           Magistrates Court (Civil Proceedings) Act 2004
           Magistrates Court (Minor Cases Procedure) Rules 2005 PART 1 -- Preliminary