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