MAGISTRATES COURT (CIVIL PROCEEDINGS) RULES 2005
MAGISTRATES COURT (CIVIL PROCEEDINGS) RULES 2005
TABLE OF PROVISIONS PART 1 -- Preliminary 1. Citation 2. Commencement 3. These rules to be read with Magistrates Court (General) Rules 2005 4. Terms used 5. Application of these rules PART 2 -- Claims generally 6. Application of this Part 7. Originating claim, making and serving 7A. Statement of claim 8. Making and serving third party claim 9. Response to claim 10. Statement of defence or statement of defence and counterclaim 11. Objecting to counterclaim (Act s. 9(4)) 12. Reply and statement of defence to counterclaim PART 3 -- Claims to recover possession of real property 13. Claim to recover possession of real property, making 14. Notice demanding possession, lodging 15. Serving claim 16. Registrar to list case for status conference PART 5 -- Failure to defend a claim 20. Application of this Part 21. Assessing claims when application for default judgment is made 23. Claim to recover possession of personal property, default judgment for 24. Default judgment not to be given in certain cases 25A. Default judgment one year or more after originating claim, referral to Magistrate 25. Application for default judgment to be dismissed if not granted 26. Costs when registrar gives default judgment PART 6 -- Admission and discontinuance 27. Admitting alleged facts, manner of 28. Invitation to admit alleged fact 29A. Party admitting whole claim, judgment in case of 29B. Party admitting part of claim may offer to settle claim 29C. Party admitting whole claim may dispute amount claimed 29. Party may discontinue claim PART 7 -- Disclosure of documents 30A. Informal disclosure 30. Party must disclose documents when ordered 31. Affidavit of disclosure 32. Objecting to disclosure of documents 33. Inspecting disclosed documents 34. Disclosed documents to be available at trial PART 8 -- Answers to interrogatories and requests for further particulars 35. Order to answer interrogatories, application for (Act s. 16(1)(n)) 36. Party must answer interrogatories when ordered 37. Affidavit of answers 38. Requesting further particulars of a pleading PART 9 -- Pre‑trial conferences 39. Listing of pre‑trial conferences 40. Pre‑trial conference, purpose of and registrar’s powers at 41A. Statement of claim, effect of order to lodge 41B. Effect of order to lodge statement of defence or statement of defence and counterclaim 41D. Amending documents lodged and served under PART 2 41. Attendance at pre‑trial conferences 42. Further pre‑trial conference or status conference may be listed 43. Things said or done at pre‑trial conference, status of PART 10 -- Status conferences 45. Purpose of status conference 46. Attendance at status conference 47. Powers of magistrate at status conference PART 11 -- Mediation 49. Mediation conference, parties to arrange if Court orders mediation 50. Attendance at mediation conferences 51. Outcome of mediation, claimant to lodge notice of 52. Further status conference if case not settled at mediation PART 12 -- Consent orders and settlement Division 1 -- Consent 53. Consenting to judgment or order, manner of 54. Memorandum of consent, registrar’s powers on 55. Consent by one party, manner of giving 56. Person under legal disability, settling claims involving Division 2 -- Offers of settlement 57. Offer of settlement, making 58. Offers to be confidential and made without prejudice 59. Receipt of offer to be acknowledged 60. Period within which offer may be accepted 61. Accepting offer 62. Period within which offered sums must be paid 63. Withdrawing acceptance of offer 64. Requesting and giving judgment after offer accepted 65. Post‑offer costs, orders for PART 13 -- Trial Division 1 -- General 66. Terms used 67. Who is first party to present case 68. Opening addresses and adducing evidence, order of 69. Closing addresses, order of 70. Attendance at trial Division 2 -- Witnesses 71. Witness summons 71A. Compliance with witness summons 72. Expert evidence, orders required for 73. Children and special witnesses, application for orders as to evidence of 74. Affidavit evidence, when may be adduced Division 3 -- Exhibits 75. Records requiring device to read, admission of 76. Return of exhibits after trial PART 14 -- Orders and judgments 77. Person under legal disability, payments to 78. Certificate of judgment, requesting 79. Applying to set aside summary or default judgment (Act s. 17(3), 18(6) and 19(3)) 80. Registrars’ decisions taken to be decision of Court PART 15 -- Costs Division 1 -- Assessments 81. Bill of costs: lodging and serving 82. Bill of costs: objecting to 83. Assessment when objection made 84. Assessment when no objection made 85. Bill of costs: form of, and supporting documents 86. Assessments, conduct of Division 2 -- Determining value of claim 87. Value of claim to be determined under this Division 88. Originating claim successful and no successful counterclaim, value of originating claim 89. Originating claim and counterclaim successful, value of each 90. Originating claim unsuccessful and counterclaim successful, value of counterclaim 91. Originating claim and counterclaim unsuccessful, value of each 92. Claims by or against third parties, value of 93. Claims to recover possession of real property, value of 94. Claims to recover possession of personal property, value of Division 3 -- Security for costs 94A. Term used: claimant 94B. Factors that are not grounds for ordering security for costs 94C. Grounds for ordering security for costs 94D. Court has discretion 94E. Manner of giving security 94F. Action may be stayed 94G. Payment out PART 16A -- Inactive cases 95A. Term used: inactive case 95B. Case taken to be inactive 95C. Notification of inactive case 95D. Consequences of case becoming an inactive case 95E. Cases no longer taken to be inactive 95F. Certain inactive cases taken to be dismissed PART 16 -- Lodging documents 95. Terms used 96. ECMS exempt 97. General rules about lodging documents 98. Registry at which originating claims and applications must be lodged 98A. Lodging multiple copies 98B. Powers of the Court in relation to lodgment 98C. Requirement to lodge documents using the ECMS 98D. Lodging by email 98E. Form of documents lodged using ECMS or by email 98F. Lodging by post 98G. Lodging by fax 98H. Time of lodgment 99. Chief Magistrate may declare ECMS unavailable PART 17 -- Serving documents Division 1 -- General 99A. Terms used 100. Service of documents 101. How documents served 102. Address for service in lodged documents 103. Certificate of service by enforcement officer, administrative staff member or departmental officer 104. Affidavit of service by other persons Division 2 -- Personal service 105. Personal service on individual, how effected 106. Personal service on partnership, how effected 107. Personal service on corporation, how effected 108. Personal service on public authority, how effected Division 3 -- Miscellaneous 109A. Substituted service, applying for (Act s. 16(1)(t)) PART 18 -- Applications 109. Applying for Court order except judgment 110. Supporting affidavit 111. Application must be served 112. Response to application 113. Dealing with application 113A. No response filed PART 19 -- Affidavits 114. Form of affidavits 115. Content of affidavits PART 20 -- Litigation guardians 116. Terms used 117. Application of this Part 118. Represented persons to have litigation guardians 119. Litigation guardian of represented person must lodge affidavit 120. Children, litigation guardians for 121. Litigation guardian of child must lodge affidavit 122. Litigation guardian, application by to be appointed PART 20A -- Litigation funders 122A. Term used: litigation funder 122B. Claimant to notify Court of litigation funder 122C. Disclosure of agreements relating to litigation funder PART 21 -- Jurisdiction conferred by other Acts Division 1 -- General 123. Terms used 124. Applications to which this Division applies 125. Application, form of 126. Application must be served 127. Registrar to list case for status conference 128. Application of rules generally 129A. Dealing with application 129AB. Animal Welfare Act 2002 s. 44 and 56, application under 129B. Criminal and Found Property Disposal Act 2006, application under 129C. Criminal Investigation Act 2006 s. 49(1) and 147(5), application under 129D. Mandatory Testing (Infectious Diseases) Act 2014 129. Disposal of Uncollected Goods Act 1970, application under 130A. Application under Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 52N(1) 130B. Dealing with application under Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 52N(1) 130C. Process where summons issued under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 130D. Process where arrest warrant issued under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 130E. Process for warrant of commitment inquiry under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 130. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 69(1), application under 131AA. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94(2), application under 131AB. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, location of interpleader proceedings 131AC. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, interpleader proceedings 131AD. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, power to delay sale 131A. National Consumer Credit Protection Act 2009 (Cwlth) s. 199(1)(b), application under 131B. Prohibited Behaviour Orders Act 2010, application under 131C. Weapons Act 1999 s. 17(1), application under Division 1A -- Restraining Orders Act 1997 131CAA. Terms used 131CAB. Fixing conference under s. 49D 131CA. Fixing hearing under s. 9 or 26 131CB. Preparing, serving and delivering restraining orders under s. 10(1) 131CC. Application for FVRO under s. 24A 131CD. Application for VRO under s. 131CE. Applicant’s declaration if application is to be made by ECMS 131CF. Relationship with Magistrates Court (General) Rules 2005 Pt. 2 Div. 3 131D. Forms under Act 131E. Court may notify or give documents by email Division 2 -- Civil Judgments Enforcement Act 2004 131. Means inquiries, registrars’ powers for 132. Other applications and requests dealt with by registrars Division 3A -- Warehousemen’s Liens Act 1952 133AAA. Terms used 133AAB. Application for order under s. 7(7A) 133AAC. Payments into court under s. 10(2A) 133AAD. Application for order under s. 10(2B) 133AAE. Court may act on its own initiative under s. 10(2B) Division 3 -- Applications under other written laws 133AA. Applications under other written laws, making etc. PART 22 -- Miscellaneous 133A. Change of venue, application for (Act s. 22) 133B. Typographical and other errors, correcting 133. Forms to be available 134. Partnerships, conduct of cases by 135. Who may sign or do other things for partnerships, corporations etc. 136. Cases remitted from superior court 137. Payments into Court 138. Residential Tenancies Act 1987 s. 18(2)(b), notices under PART 23 -- Transitional rules for the Magistrates Court Rules Amendment Rules 2020 139. Terms used in this Part 140. Application of amended Rules in relation to transitional cases 141. Application of former Rules in relation to certain transitional cases 142. Listing transitional cases for a status conference 143. Court or registrar may give directions in relation to transitional issues SCHEDULE 1 -- Forms prescribed for Restraining Orders Act 1997