MAGISTRATES COURT (GENERAL) RULES 2005
MAGISTRATES COURT (GENERAL) RULES 2005
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Terms used
PART 2 -- Administrative matters
Division 1 -- Court seals
4. Form and number of court seals
5. Custody of court seals
6. Use of court seals
7. Applying court seal electronically
Division 2 -- Registry matters
8. Registry at which applications commencing a case must be lodged
8A. Registry at which documents must be lodged if a case has commenced
8B. Application for cancellation of surety undertaking
9. Some documents may be rejected for lodgment
10. Leave to lodge a refused document, application for (Act s. 17)
Division 3 -- Lodging and serving documents electronically
11A. Certain rules do not apply to civil proceedings
11. Lodging documents by fax
12. Lodging documents through Court’s website
13A. Lodging documents by means of ECMS
13B. Making documents available to court by means of ECMS
13C. Access to applications, notices and other documents through ECMS
13D. Listing matters for hearing using ECMS
13. Electronic address for service
14. Service by fax or email
15A. Documents issued by Court by means of ECMS
Division 4 -- Recording proceedings
15. Terms used
16. Application of these rules
17. Transcripts may be in electronic form
18. Proceedings that are to be recorded and transcribed
19. Recorders and transcribers, duties of
20. Accuracy of transcript, requesting check of
21. Certificate of accuracy, form of
22. Recordings and transcripts, custody of
PART 3 -- Delegated jurisdiction
Division 1 -- General
23. Oaths, who may administer
Division 2 -- Registrar’s jurisdiction
24. Civil jurisdiction of registrars
25. Criminal jurisdiction of registrars
Division 3 -- Appeals against decisions by a registrar
26. Commencing an appeal (Act s. 29)
27A. Order for substituted service or dispensing with service
27. Appeal does not stay the case
28. Listing the appeal for hearing
PART 3A -- General matters
28A. Magistrates, addressing etc.
28B. Civil cases, dealing with in chambers
PART 4 -- Contempt of court
29. Terms used
30. Summonses and warrants (Act s. 16), form of
31. When contempt may be dealt with summarily
32. Contempts not dealt with summarily may be referred to Attorney General
33. Attorney General may prosecute alleged contempt
34. Charge of contempt, hearing of
35. Procedure for contempts generally
36. Outcome of contempt proceedings to be recorded
PART 5 -- Court records
Division 1 -- Requests under Act s. 33(3) or (7)
37. Request to inspect or obtain a copy of a document (Act s. 33(3) or (7))
Division 2 -- Applications under Act s. 33(4) or (8)
38A. Term used: civil litigation information
38. Application for leave (Act s. 33(4))
39. Application for access to information (Act s. 33(8))
39A. Application for access to civil litigation information (Act s. 33(8))
Division 3 -- Transcripts and exhibits for media organisations under Act s. 33(9)(b)
40A. Terms used
40B. Media organisation may apply for transcript or exhibit
40C. Making applications
40D. Who may deal with applications
40E. Dealing with applications
40F. Court’s power to publish unaffected
Division 4 -- Information generally under Act s. 33(9)(b)
40. Criminal cases, information about available on request
41A. Civil cases, certain people entitled on request to certain information about
41. Conditions on access to records may be imposed
PART 6 -- Criminal Procedure Act 2004 rules
42. Interpretation
43. Prescribed court officers
44. Prosecutions, where they must be commenced
45. Manner of lodging prosecution notice (CPA s. 24)
45A. Substituted prosecution notices
45B. Form of remand warrant for accused
46. Summons etc., amendment of (CPA s. 34)
46A. Disclosure requirements, applications relating to (CPA s. 138)
46B. Magistrates and registrars to verify orders
PART 7 -- Fines, Penalties and Infringement Notices Enforcement Act 1994 rules
47. Terms used
48. Application to cancel licence suspension order (Act s. 101)
49A. Application to cancel enforcement warrant (Act s. 101AA)
49. Application to cancel licence suspension order (Act s. 101A)
PART 8 -- Road traffic legislation rules
50. Terms used
50A. Application under RTA s. 71B, how to be made
50B. Application under RTA s. 71F, how to be made
51. Application under RT (AD) Act s. 27 or 35, how to be made
51A. Application under RTA s. 80J, how to be made
51AA. Application for return of item in or on confiscated motor cycle (RTA s. 80V(3))
51B. Registries where applications may be lodged
52. Registrar’s functions when application is made
53. Appearance at hearing of application
54. Hearing of application, procedure on
55. CEO to be notified of decision
PART 9 -- Criminal Investigation Act 2006 rules
56. Application under Criminal Investigation Act 2006 s. 151, how to be made
57. Registries where applications may be lodged
58. Registrar’s functions when application is made
59. Application must be served
SCHEDULE 1 -- Suburbs and registries
SCHEDULE 2 -- Forms