Court Procedures Act 2004 (ACT)
Court Procedures Act 2004
A2004-59
Republication No 61
Effective: 1 July 2025
Republication date: 1 July 2025
Last amendment made by A2024‑49
(republication for amendments by A2024-34)
About this republication
The republished law
This is a republication of the Court Procedures Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Court Procedures Act 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Objects of Act 2
5A Main purpose of civil procedure provisions 3
Part 2 Court rules and forms
6 Definition for pt 2 and sch 1 5
7 Rule-making power 5
8 Approved forms 6
9 Rule-making committee 6
10 Delegation by Chief Justice and Chief Magistrate 7
11 Advisory committee 7
Part 2A Chief executive officer of courts
11A Appointment of chief executive officer 9
11B Administrative functions of chief executive officer 9
11BA Delegation by chief executive officer 10
11BB Leave of absence 10
11BC Chief executive officer must not do other work 10
11BD Disclosure of interests 11
11C Ending chief executive officer’s appointment 11
11D Chief executive officer not to direct registrars in relation to court functions 12
11E Consultants 12
Part 3 Court and tribunal fees
Division 3.1 Fees generally
12 Definitions—pt 3 13
13 Determination of fees 13
14 Payment of fees 15
15 Remission, refund, deferral, waiver and exemption of fees 15
16 Recovery of fees in civil proceedings if fees not otherwise payable 17
17 Recovery of fees in criminal proceedings if fees not otherwise payable 18
Division 3.2 Review of decisions—fees
18 Meaning of reviewable decision—div 3.2 18
18A Reviewable decisions—court 19
18B Reviewable decisions—ACAT 20
18C No fee for review by court or ACAT 21
Part 4 Crown proceedings
Division 4.1 Preliminary
20 Definitions—pt 4 22
Division 4.2 Proceedings by and against Crown generally
21 Proceedings by and against the Crown generally 22
22 Immunities and limitations of liability 23
23 Corresponding laws of States and other Territories 23
24 Injunctive relief 23
25 Protection of confidentiality on grounds of public interest 23
26 Right of Attorneys-General of other jurisdictions to appear in proceedings 24
27 Right of Attorney-General to intervene in proceedings 24
28 Fees and charges in proceedings 25
29 Enforcement of judgments against Territory Crown 26
30 Enforcement of judgments against Crown in right of a State or another Territory 27
31 Enforcement of judgments by the Crown 27
Division 4.3 Provisions applying only to the Territory
32 Endorsement etc of originating process 27
33 Service generally 27
34 Service of subpoenas etc on Ministers 28
35 Representation if right to legal representation restricted 28
Division 4.4 Other provisions
36 Exclusion of certain proceedings 29
37 Regulations for pt 4 30
Part 5 Court security
40 Definitions—pt 5 31
41 Right of entry etc to court premises 33
42 Powers under part additional to other powers 34
43 Security officer to be identified before exercising powers 35
44 Person may be required to state name etc 35
45 Searches 36
46 Seizure and forfeiture of firearms etc 37
47 Security officer may require thing that may hide firearms etc to be left 37
48 Unlawful, disorderly conduct etc 37
49 Contravention of requirement of security officer 38
50 Judge, magistrate or presidential member may close court premises 39
51 Security officers 40
52 Identity cards for security officers 42
Part 5A Mediation
52A Definitions—pt 5A 43
52B Admissibility of information given at mediation 44
52C Secrecy 44
52D Protection of accredited mediator from liability 45
Part 6 Procedural provisions—all proceedings
53 Application—pt 6 46
54 No distinction between court and chambers 46
Part 6A Procedural provisions—criminal proceedings
55 Provision of interpreters 47
Part 7 Procedural provisions—civil proceedings
60 Application—pt 7 48
61 Counterclaims and third parties 48
62 Injunctions 49
63 Receivers 49
64 Rules of practice and procedure—judicial discretion 49
65 Appearance by lawyer 50
66 Non-appearance or absence of some defendants 50
67 Amendment of defects 50
68 Formal defects to be amended 51
Part 7A Procedural provisions—proceedings involving children or young people
Division 7A.1 General
68A Definitions—pt 7A and div 7A.1 52
69 Childrens Court procedure 53
71 When parents must attend court proceedings 53
72 Court proceedings involving children or young people not open to public 54
73 Court may excuse parties from attending proceedings 56
74 Certain related applications may be heard together 57
74A Participation of children and young people in proceedings 57
74B Court must ensure children and young people etc understand proceedings 57
74C Director‑general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedings 58
74D Court may order report about young person 58
74E Children and young people may have legal and other representative 59
74F Leave needed for litigation guardian 60
74G Legal representation of children and young people 60
74H Orders about legal representation of children and young people—all proceedings 60
74I Rule-making committee and court to have regard to youth justice principles 61
Division 7A.2 Care and protection considerations in proceedings
74K Proceedings dismissed or adjourned for care and protection reasons 62
74L Director‑general must report to court, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner 63
74M Court action after adjournment 64
Part 7B Procedural provisions—industrial or work safety matters
74N Industrial Court procedure 66
Part 8 Supreme Court—criminal proceedings
Division 8.1 Supreme Court criminal proceedings—preliminary
75 Application—pt 8 67
Division 8.2 Trial on indictment
76 Supreme Court jurisdiction to make orders for conduct of indictable trials 67
Division 8.2A Pre-trial disclosure—general
76A Application—div 8.2A 68
76B Pre-trial disclosure of relevant material by prosecutor 69
76C Ongoing duty of disclosure by prosecutor 70
76D Prosecutor must allow inspection of certain disclosed matters on request 71
76E Address and contact details of people generally must not be disclosed under div 8.2A 71
76F Material used to give evidentiary certificate need not be disclosed under div 8.2A 73
76G Sanctions for non-compliance with disclosure requirements 73
76H Effect of div 8.2A on other laws 74
Division 8.3 Pre-trial disclosure of expert evidence
77 Application—div 8.3 75
78 Mandatory pre-trial disclosure—expert evidence 75
79 Prosecution notice—expert evidence 76
79A Accused person’s notice and reply—expert evidence 77
79B Prosecution reply—expert evidence 78
79C Sanctions for non-compliance with pre-trial disclosure requirements 78
79D Disclosure requirement is ongoing 79
79E Court may waive requirements 80
79F Miscellaneous provision 80
Part 9 Miscellaneous
80 Assignment of earnings not enforceable 81
81 Court may inquire into truth of return of writ 81
82 Delegation by secretary of rule-making committee 82
83 Regulation-making power 82
Schedule 1 Subject matter for rules 83
Part 1.1 General 83
1 Jurisdiction 83
2 Service of documents 83
3 Evidence 83
4 Certain proceedings 84
5 Admission of lawyers 84
6 Miscellaneous 84
Part 1.2 Civil proceedings 86
7 Beginning proceedings 86
8 Transfer between courts 86
9 Parties and proceedings 86
10 Steps in proceedings 87
11 Pleadings 87
12 Disclosure 87
13 Preservation of rights and property 87
14 Ending proceedings early 88
15 Court supervision 88
16 Expert evidence 88
17 Trials and other hearings 89
18 Judgments 89
19 Particular proceedings 90
20 Interest 90
21 Administration and probate 90
22 Adoption 91
23 Arbitration 91
24 Contempt of court 91
25 Trusts 91
26 Costs 91
27 Appeals 92
28 Enforcement of judgments 92
29 Reciprocal enforcement of foreign judgments 93
Part 1.3 Criminal proceedings 94
30 Practice and procedure in criminal jurisdiction 94
Dictionary95
Endnotes
1 About the endnotes 98
2 Abbreviation key 98
3 Legislation history 99
4 Amendment history 107
5 Earlier republications 130
6 Expired transitional or validating provisions 135
Court Procedures Act 2004
An Act to provide for certain matters relating to courts and tribunals, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Court Procedures Act 2004.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘fee, for part 3 (Court and tribunal fees)—see section 12.’ means that the term ‘fee’ is defined in that section for part 3.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Objects of Act
(1)The objects of this Act include—
(a)recognising the importance of court procedures in our system of justice; and
(b)facilitating cooperation between ACT courts in the common goals of—
(i)improved access to justice through the development of procedures that are, as far as practicable, the same for all ACT courts; and
(ii)better court procedures.
(2)In this section:
court includes a tribunal that is a prescribed tribunal under section 6.
5AMain purpose of civil procedure provisions
(1)The main purpose of the civil procedure provisions is to facilitate the just resolution of disputes—
(a)according to law; and
(b)as quickly, inexpensively and efficiently as possible.
(2)Without limiting subsection (1), the main purpose includes the following objectives:
(a)the just resolution of the real issues in civil proceedings;
(b)the efficient use of the judicial and administrative resources available for the purposes of the court;
(c)the efficient disposal of a court’s overall caseload;
(d)the timely disposal of civil proceedings;
(e)the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.
(3)The civil procedure provisions must be interpreted and applied, and any power or duty imposed by them (including the power to make rules) must be exercised or carried out, in the way that best promotes the main purpose.
(4)The parties to a civil proceeding must help the court to achieve the objectives.
(5)In this section:
civil procedure provisions means—
(a)the rules made under section 7, in their application to civil proceedings; and
(b)any provision of this Act in relation to the practice and procedure of a court in civil proceedings.
court includes a tribunal that is a prescribed tribunal under section 6.
Part 2Court rules and forms
Definition for pt 2 and sch 1
In this part and schedule 1:
prescribed tribunal means a tribunal prescribed by regulation for this part.
Rule-making power
(1)The rule-making committee may make rules in relation to the following:
(a)the practice and procedure of ACT courts, prescribed tribunals and their registries;
(b)anything else mentioned in schedule 1 (Subject matter for rules).
Note 1The power to make rules for a court or tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the court or tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the court or tribunal (see Legislation Act, s 45 (Power to make court rules)).
Note 2A rule must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A rule is taken to be made by the rule-making committee if it is signed by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (c) or (d).
(3)This section does not limit any inherent or other power of a court, judge, magistrate or prescribed tribunal to control proceedings.
Approved forms
(1)The rule-making committee may approve forms—
(a)for this Act; or
(b)for use in or in relation to ACT courts, prescribed tribunals and their registries.
(2)If the rule-making committee approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(3)A form is taken to be approved by the rule-making committee if it is approved by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (c) or (d).
(4)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Rule-making committee
(1)A rule-making committee is established.
(2)The rule‑making committee consists of the following members:
(a)the Chief Justice;
(b)2 other resident judges appointed by the Chief Justice;
(c)the Chief Magistrate;
(d)another magistrate appointed by the Chief Magistrate.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(3)The rule-making committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way.
(4)The Chief Justice is the chairperson of the rule-making committee.
(5)However, if the Chief Justice is not personally present at a meeting of the rule-making committee, the member present chosen by the committee is to chair the meeting.
(6)The Chief Justice must approve a public servant as secretary of the rule-making committee.
Delegation by Chief Justice and Chief Magistrate
(1)The Chief Justice may delegate a function under this part to a resident judge.
(2)The Chief Magistrate may delegate a function under this part to a magistrate.
(3)However, the Chief Justice or the Chief Magistrate may not delegate the function of being a member of the rule-making committee to a person who is already a member of the committee because of an appointment under section 9 (2).
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. In particular, the delegation may have effect only in stated circumstances, eg if the appointer is away from the ACT.
Advisory committee
(1)An advisory committee is established.
(2)The advisory committee consists of the following members:
(a)a resident judge appointed by the Chief Justice as the chairperson of the advisory committee;
(b)another resident judge appointed by the Chief Justice;
(c)2 magistrates appointed by the Chief Magistrate;
(d)the chief executive officer;
(e)the registrar of the Supreme Court;
(f)the registrar of the Magistrates Court;
(g)a presidential member of the ACAT appointed by the president of the ACAT;
(h)a person appointed by the Australian Capital Territory Bar Association to represent the association;
(i)a person appointed by the Law Society of the Australian Capital Territory to represent the society;
(j)the director of public prosecutions;
(k)the parliamentary counsel;
(l)a public servant appointed by the director‑general;
(m)the secretary of the rule-making committee.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(3)The functions of the advisory committee are to—
(a)initiate, consider, develop, and advise the rule-making committee on, proposals for making rules and approving forms under this Act; and
(b)make recommendations to the rule-making committee about the making of rules and approving of forms under this Act.
(4)The advisory committee must consider, and advise the rule-making committee on, proposals for making rules and approving forms under this Act that are referred to it by the rule-making committee.
(5)The advisory committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way.
(6)If the chairperson of the advisory committee is not present at a meeting of the committee—
(a)if the resident judge mentioned in subsection (2) (b) is present—that resident judge is to chair the meeting; or
(b)in any other case—the member present chosen by the committee is to chair the meeting.
Part 2AChief executive officer of courts
11AAppointment of chief executive officer
(1)The Executive must appoint a person as the Chief Executive Officer of ACT Courts and Tribunals (the chief executive officer).
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)However, the Executive must not appoint a person as the chief executive officer—
(a)without first considering any recommendation about the appointment made by the Chief Justice, the Chief Magistrate and the president of the ACAT; and
(b)unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of the chief executive officer.
(3)The chief executive officer must be appointed for a term of not longer than 5 years.
(4)The appointment of a chief executive officer is a notifiable instrument.
11BAdministrative functions of chief executive officer
(1)The function of the chief executive officer is to support—
(a)the Chief Justice in the exercise of an administrative function of the Supreme Court; and
(b)the Chief Magistrate in the exercise of an administrative function of the Magistrates Court; and
(c)the president of the ACAT in the exercise of an administrative function of the ACAT.
(2)For subsection (1), the chief executive officer may do the following:
(a)employ staff on behalf of the Territory;
(b)direct a public employee in relation to the exercise of an administrative function of a court or the ACAT;
(c)make arrangements with the director-general to use the services of a public servant or Territory facilities;
(d)make arrangements about the use and allocation of resources and facilities;
(e)exercise any other function given to the chief executive officer under this Act or another Territory law.
(3)The chief executive officer’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
11BADelegation by chief executive officer
The chief executive officer may delegate the chief executive officer’s functions under a territory law to a member of the chief executive officer’s staff.
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
11BBLeave of absence
The Attorney-General may grant leave of absence to the chief executive officer on the conditions about remuneration and otherwise that the Attorney-General decides.
11BCChief executive officer must not do other work
The chief executive officer must not, without the Attorney‑General’s consent, do either of the following:
(a)practise as a legal practitioner;
(b)have other paid employment.
11BDDisclosure of interests
The chief executive officer must give written notice to the Attorney‑General of all direct or indirect financial interests that the chief executive officer has or acquires—
(a)in a business, whether in the ACT or elsewhere; or
(b)in a corporation carrying on a business mentioned in paragraph (a).
11CEnding chief executive officer’s appointment
(1)The Executive may end the appointment of a person as chief executive officer for—
(a)misbehaviour; or
(b)physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or
(c)failing to comply with section 11BC (Chief executive officer must not do other work).
(2)The Executive must end the person’s appointment if the person—
(a)becomes bankrupt or personally insolvent; or
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
(b)is convicted, or found guilty, in the ACT of an offence punishable by imprisonment for at least 1 year; or
NoteFound guilty—see the Legislation Act, dictionary, pt 1.
(c)is convicted, or found guilty, outside the ACT of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(d)is absent, other than on leave granted under section 11BB, for 14 consecutive days or for 28 days in any 12‑month period; or
(e)fails, without reasonable excuse, to comply with the person’s obligations under section 11BD.
11DChief executive officer not to direct registrars in relation to court functions
(1)A registrar or deputy registrar of a court is not subject to direction by the chief executive officer in the exercise of a function of the court.
(2)A registrar or deputy registrar of the ACAT is not subject to direction by the chief executive officer in the exercise of a function of the ACAT.
11EConsultants
(1)The chief executive officer may, on behalf of the Territory, engage consultants to, or to perform services for, the chief executive officer.
(2)Consultants must be engaged on written terms and conditions decided by the chief executive officer that are approved by the Attorney‑General.
(3)However, the chief executive officer must not enter into a contract of employment under this section.
Part 3Court and tribunal fees
Division 3.1 Fees generally
Definitions—pt 3
In this part:
determined fee means a fee determined under this part.
fee includes a charge and a tax.
relevant legislation means any of the following:
(a)the ACT Civil and Administrative Tribunal Act 2008;
(b)the Coroners Act 1997;
(c)this Act;
(d)the Crimes (Sentence Administration) Act 2005;
(e)the Leases (Commercial and Retail) Act 2001;
(f)the Magistrates Court Act 1930;
(g)the Supreme Court Act 1933;
(h)any other legislation prescribed by regulation.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
Determination of fees
(1)The Minister may determine fees for any of the following purposes:
(a)proceedings in a court or the ACAT, and matters incidental to the proceedings, including—
(i)for the Supreme Court—the admission of lawyers; and
(ii)the service and execution of the process of a court or the ACAT; and
(iii)the assessment of costs;
(b)facilities and services provided by the court or the ACAT, including the service and execution of the process of a court of the Commonwealth, a State, another Territory or a foreign country;
(c)the general purposes of relevant legislation.
Note 1The Legislation Act contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).
(2)However, the Minister must not determine fees for a proceeding in the ACAT on an application for review of a decision under the Children and Young People Act 2008, chapter 16A (Care and protection—notification and review of certain decisions).
(3)A determination under subsection (1) may provide for any of the following matters:
(a)exempting people from liability to pay determined fees, completely or partly, in all or particular circumstances;
(b)remitting, refunding or waiving, by a registrar of a court or the ACAT, determined fees, completely or partly, in particular circumstances;
(c)deferring, by a registrar of a court or the ACAT, liability to pay determined fees, completely or partly, in particular circumstances.
(4)A determination under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Payment of fees
(1)A determined fee is payable, in advance, in accordance with the determination that determined the fee, but subject to this section.
(2)A determined fee is payable on notice from the registrar of the court or ACAT if it is worked out by reference to expenses actually incurred in exercising the function, or in providing the facility or service, for which the fee is payable.
Remission, refund, deferral, waiver and exemption of fees
(1)A determined fee may be remitted or refunded, or liability for its payment deferred, in accordance with the determination that determined the fee.
(2)A determined fee is not payable—
(a)if the person otherwise liable to pay the fee or charge is—
(i)exempt from liability to pay the fee under the determination that determined the fee; or
(ii)exempt from paying the fee under the Legal Aid Act 1977, section 93 (1) (Exemption from fees and taxes); or
(iii)legally assisted under a scheme or service provided or approved by the Attorney-General; or
(b)if the registrar of the court or ACAT waives payment by a person of the fee completely or partly because the registrar considers that payment of the fee would impose hardship on the person—to the extent of the waiver; or
(c)for lodging a document, or for the service and execution of process, in relation to a proceeding in the Supreme Court—
(i)in a criminal matter, including an appeal; or
(ii)under the Coroners Act 1997; or
(iii)under the Legal Profession Act 2006, chapter 4 (Complaints and discipline); or
(iv)under any of the following Acts:
(A)the Adoption Act 1993;
(B)the Children and Young People Act 2008;
(C)the Family Violence Act 2016;
(D)the Guardianship and Management of Property Act 1991;
(E)the Mental Health Act 2015;
(F)the Personal Violence Act 2016;
(G)the Testamentary Guardianship Act 1984;
(v)on appeals in relation to the following matters:
(A)a matter under the Children and Young People Act 2008;
(B)a matter under the Mental Health Act 2015;
(C)a decision of the ACAT in relation to an application under the Guardianship and Management of Property Act 1991; or
(vi)on a matter that has been remitted to the court by the High Court under the Judiciary Act 1903 (Cwlth), section 44; or
(vii)in relation to which a convention to which Australia is a party provides that a fee is not to be payable; or
(viii)on an application to the court for an extension of the time within which a proceeding may be begun; or
(ix)on an application mentioned in the Juries Act 1967, section 24 (10), section 26A (2) or section 51A (3); or
(x)on an application mentioned in the Spent Convictions Act 2000, section 14C; or
(d)for the laying of an information in the Magistrates Court—
(i)by the director of public prosecutions acting in the exercise of an official function under a territory law; or
(ii)by a police officer acting in the exercise of an official function under a territory law; or
(e)if it is not payable under another provision of this Act or another territory law.
NoteThe Territory Crown is not liable to pay a determined fee in a civil proceeding (see s 28 (Court fees and charges)).
(3)This section is subject to section 16 and section 17.
Recovery of fees in civil proceedings if fees not otherwise payable
(1)This section applies in relation to a civil proceeding in the Supreme Court or the Magistrates Court, or an application in the ACAT, between at least 2 parties (the first party and the second party), if—
(a)a filing fee, or a fee for the service and execution of process, otherwise payable by the first party is—
(i)not payable, completely or partly, because of the exemption of the first party under this part; or
(ii)remitted, refunded or waived, completely or partly, under this part; and
(b)judgment is given or entered, or an order is made, in favour of the first party; and
(c)the first party’s costs are payable by the second party.
(2)The court or ACAT may order the second party to pay to the registrar of the court or ACAT the amount of the fee exempted, remitted, refunded or waived.
Recovery of fees in criminal proceedings if fees not otherwise payable
(1)This section applies in relation to a criminal proceeding in the Magistrates Court if—
(a)the fee (the information fee) that would otherwise be payable by the informant for the laying of the information in the proceeding is not payable, completely or partly, under this part; and
(b)the defendant is convicted of the offence alleged in the information and ordered to pay a fine.
(2)If this section applies, the defendant must pay to the registrar of the Magistrates Court, in addition to the fine—
(a)if payment of the fee is waived in part under this part—the amount of the fee waived; or
(b)in any other case—the information fee.
Division 3.2 Review of decisions—fees
Meaning of reviewable decision—div 3.2
In this division:
reviewable decision means a decision of a registrar of a court or the registrar of the ACAT mentioned in table 18, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Table 18Reviewable decisions
| column 1 item | column 2 section | column 3 decision | column 4 person |
| 1 | 15 (1) | refuse to remit fee completely or partly | person who paid fee |
| 2 | 15 (1) | refuse to refund fee completely or partly | person who paid fee |
| 3 | 15 (1) | refuse to defer liability to pay fee completely or partly | person liable to pay fee |
| 4 | 15 (2) (b) | refuse to waive fee completely or partly | person liable to pay fee |
| 5 | 15 (2) | refuse to allow benefit of an exemption to pay fee | person liable to pay fee |
18AReviewable decisions—court
(1)If the registrar of a court makes a reviewable decision, the registrar must give written notice of the decision to each person mentioned in table 18, column 4 in relation to the decision.
(2)The notice must tell the person that the person may—
(a)apply to the registrar for a statement of reasons for the decision; and
(b)apply for review of the decision under this section.
(3)The entity may apply to the registrar for a statement of reasons for the decision within 28 days after the day when the person is given the notice.
(4)A person who receives a notice under subsection (1) may apply to the court from which the registrar gave the notice for review of the decision within—
(a)28 days after the day the person is given notice of the decision by the registrar; or
(b)if the person applies within the 28-day period for a statement of reasons for the decision—28 days after the day the person is given the statement of reasons.
(5)For the review, the court—
(a)must be constituted by—
(i)for the Supreme Court—a judge; or
(ii)for the Magistrates Court—a magistrate; and
(b)may make the orders the court considers appropriate.
18BReviewable decisions—ACAT
(1)If the registrar of the ACAT makes a reviewable decision, the registrar must give a reviewable decision notice to each person mentioned in table 18, column 4 in relation to the decision.
Note 1The registrar must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
(2)The following may apply to the ACAT for review of a reviewable decision by the registrar of the ACAT:
(a)a person mentioned in table 18, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
18CNo fee for review by court or ACAT
A fee is not payable for an application under this division.
Part 4Crown proceedings
Division 4.1 Preliminary
Definitions—pt 4
In this part:
corresponding law means a law of a State or another Territory that is declared by regulation to be a law that corresponds to this part.
Crown includes a Minister, instrumentality or agency of the Crown and a person prescribed by regulation.
judgment means a judgment or order of a court or the ACAT.
proceeding means a civil proceeding or proceeding before the ACAT.
Territory Crown means the Crown in right of the Territory.
the Territory includes a Minister, instrumentality or agency of the Territory and a person prescribed by regulation.
Division 4.2 Proceedings by and against Crown generally
Proceedings by and against the Crown generally
(1)Subject to this part, any relevant rules of court, the ACT Civil and Administrative Tribunal Act 2008 and the Judiciary Act 1903 (Cwlth)—
(a)a proceeding may be brought by or against the Crown in the same way as a proceeding between subjects; and
(b)the same procedural and substantive law applies to such a proceeding as in a proceeding between subjects.
(2)Subject to the regulations, a proceeding may be brought by or against the Crown—
(a)for the Territory Crown—under the name of the ‘Australian Capital Territory’; or
(b)in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.
(3)In this section:
proceeding, against the Crown, includes a proceeding to attach earnings or other debts owing or accruing from the Territory Crown to someone else.
Immunities and limitations of liability
This division does not affect any immunity from, or limitation on, liability that the Crown enjoys by statute.
Corresponding laws of States and other Territories
The corresponding law of each State and other Territory binds the Crown in right of the Australian Capital Territory.
Injunctive relief
(1)Injunctive relief may be granted against the Crown.
(2)However, subject to the Administrative Decisions (Judicial Review) Act 1989, section 17 (1), a mandatory injunction cannot be made against the Crown.
Protection of confidentiality on grounds of public interest
This division does not affect any rule of law under which a person may refuse to discover or produce documents, or to answer an interrogatory or other question, on the ground that to do so would be prejudicial to the public interest.
Right of Attorneys-General of other jurisdictions to appear in proceedings
(1)The Attorney-General of the Commonwealth may, on behalf of the Commonwealth, represent the Crown in right of the Commonwealth in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the Commonwealth is a party.
(2)The Attorney-General of a State or another Territory may, on behalf of the State or other Territory, represent the Crown in right of the State or other Territory in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the State or other Territory is a party.
Right of Attorney-General to intervene in proceedings
(1)This section applies if any of the following are in issue in a court proceeding or proceeding before the ACAT:
(a)the interpretation or validity of a law of the Territory or Commonwealth;
(b)legislative or executive powers of the Territory or Commonwealth, or an instrumentality or agency of the Territory or Commonwealth;
(c)judicial powers of a court or tribunal established under the law of the Territory or Commonwealth.
(2)The Attorney-General may intervene in the proceeding, on behalf of the Crown, to submit argument on the issue.
(3)If the Attorney-General intervenes in a proceeding under this section, the Attorney-General has the same right of appeal in the proceeding as a party to the proceeding.
(4)If the Attorney-General intervenes in a proceeding under this section, and there are in the opinion of the court or ACAT special reasons for making an order under this subsection, the court or ACAT may make an order for costs against the Crown to reimburse the parties to the proceeding for costs occasioned by the intervention.
(5)In this section:
Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.
Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.
Fees and charges in proceedings
(1)The Territory Crown is not required to pay any court fee or charge in any proceeding.
(2)Any costs to which the Territory Crown is entitled must be calculated as if the Territory Crown were liable to pay, and had in fact paid, fees and charges from which it is exempt under subsection (1).
(3)In this section:
carries on business does not include imposing or collecting—
(a)taxes; or
(b)levies; or
(c)fees for licences, permits or any other form of authority.
court includes the ACAT.
territory authority means a corporation established under an Act, but does not include a body declared under the Financial Management Act 1996, section 3B not to be a territory authority.
Territory Crown does not include a territory authority so far as the authority carries on business.
Enforcement of judgments against Territory Crown
(1)A writ or similar process must not be issued out of any court or the ACAT to enforce a judgment against the Territory Crown.
(2)If—
(a)a final judgment is given against the Territory Crown; and
(b)the judgment has not been paid; and
(c)the judgment has not been appealed against or stayed (or, if it has, the appeal has been disallowed or discontinued or the stay has been removed); and
(d)at least 28 days have elapsed since the judgment was given;
the party in whose favour the judgment was given may give a copy of the judgment to the Treasurer.
(3)If the Treasurer receives a copy of a final judgment under subsection (2), the Treasurer must give directions about how the judgment is to be paid unless the Treasurer is satisfied that the judgment can be, or has been, paid in another way.
(4)A direction under this section that requires payment of public money of the Territory operates to authorise payment of the money.
(5)The Financial Management Act 1996, section 6 (Necessity for appropriation) does not apply to a payment made in accordance with a direction under this section.
(6)A direction under this section that requires payment of an amount from the funds of a territory authority or instrumentality provides sufficient authority for the payment.
(7)In this section:
Territory Crown—see section 28 (3).
Enforcement of judgments against Crown in right of a State or another Territory
(1)A writ or similar process must not be issued out of any ACT court or the ACAT to enforce a judgment against the Crown in right of a State or another Territory.
(2)If a final judgment is given by an ACT court or the ACAT against the Crown in right of a State or another Territory, the court must give a copy of the judgment to the Governor or Administrator of the State or Territory.
Enforcement of judgments by the Crown
Subject to this part, any relevant rules of court and the ACT Civil and Administrative Tribunal Act 2008, a judgment recovered by the Crown may be enforced in the same way as a judgment in a proceeding between subjects, and not in any other way.
Division 4.3 Provisions applying only to the Territory
Endorsement etc of originating process
(1)If a proceeding is brought against the Territory, a statement containing the information prescribed by regulation (if any) must be endorsed on, or annexed to, the process by which the proceeding is begun.
(2)A failure to comply with subsection (1) does not render a proceeding void unless the court is of the opinion that the Territory has been prejudiced by that failure.
Service generally
(1)Any process or document relating to a proceeding must be served on the Territory by serving the process or document on the chief solicitor.
(2)However—
(a)if this part makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and
(b)if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Territory in relation to the proceeding—the process or document must be served on that lawyer.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Service of subpoenas etc on Ministers
(1)A subpoena or other process issued by a court, tribunal or authority requiring a Minister to appear, in the Minister’s official capacity, to give evidence, or to produce documents, must be given to the chief solicitor for service on the Minister.
(2)The chief solicitor must, on receiving a subpoena or other process mentioned in subsection (1), make reasonable endeavours to serve it on the Minister and must provide proof of service to the court, tribunal or other authority.
(3)The chief solicitor, if unable to serve a subpoena or other process within a reasonable time, must tell the court, tribunal or other authority of the reasons for not being able to effect service and, in that case, the court, tribunal or other authority may direct that service be effected in some other way.
Representation if right to legal representation restricted
(1)This section applies to a proceeding if—
(a)the Territory or Attorney-General is a party to the proceeding; and
(b)an Act removes or restricts the right of a party to the proceeding to be represented by a lawyer.
(2)The Territory or Attorney-General may be represented by a public servant (other than a lawyer, articled clerk or person who holds legal qualifications under a territory law or the law of another place) who is authorised to conduct the proceeding on behalf of the Territory or Attorney-General.
(3)In the proceeding, a document apparently signed by a relevant person that appears to be an authorisation under subsection (2) must be accepted as an authorisation in the absence of evidence to the contrary.
(4)In this section:
relevant person means—
(a)a Minister; or
(b)a director‑general; or
(c)the chief executive officer of a territory agency or instrumentality.
Division 4.4 Other provisions
Exclusion of certain proceedings
This part does not affect—
(a)any proceeding for the recovery or enforcement of a fine, penalty or forfeiture (including the escheatment of a recognisance) imposed in a criminal proceeding; or
(b)any law, custom or procedure under which the Attorney‑General is entitled or liable to sue, or be sued, or intervene in a proceeding, on behalf of the Crown, on the relation, or on behalf of, any other person or people or in any other capacity or for any other purposes.
Regulations for pt 4
A regulation may make provision in relation to—
(a)the details to be stated or to accompany process served on the Territory; and
(b)the service of process or other documents under this part.
Part 5Court security
Definitions—pt 5
In this part:
assistant sheriff means a person who is appointed under the Supreme Court Act 1933, section 53 (Sheriff’s assistants).
court means—
(a) the Supreme Court; or
(b) the Magistrates Court; or
(c) the Childrens Court; or
(d) the Coroner’s Court; or
(e)the ACAT; or
(f)a board of inquiry established under the Inquiries Act 1991; or
(g)a royal commission established under the Royal Commissions Act 1991; or
(h)a judicial commission established under the Judicial Commissions Act 1994; or
(i)the judicial council established under the Judicial Commissions Act 1994, section 5A; or
(j)a court prescribed by regulation; or
(k)any other tribunal or entity that is authorised to hear, receive and examine evidence and is prescribed by regulation.
court premises means the premises or place where a court is held or that is used in relation to the operations of a court, and includes—
(a) a forecourt, courtyard, yard or area used with court premises; and
(b) a part of premises or a place used as an entrance to or exit from court premises.
deputy sheriff means a person who is appointed as a deputy sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointments).
explosive—see the Dangerous Substances Act 2004, section 73.
firearm—see the Firearms Act 1996, section 6.
judge includes a person prescribed by regulation for this definition.
magistrate includes a person prescribed by regulation for this definition.
offensive weapon means—
(a) anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or
(b) anything intended for that use by the person who is carrying it or otherwise has it in the person’s possession;
and includes an imitation or replica of an offensive weapon.
screening search means—
(a) for a search of a person—a search by equipment designed to conduct the search without touching the person; and
(b) for a search of a thing—a search by equipment designed to conduct the search without touching the thing or requiring it to be opened.
security officer means—
(a) a police officer; or
(b) a sheriff’s officer; or
(c)a person who is appointed as a security officer under section 51.
sheriff means the person appointed as the sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointments).
sheriff’s officer means the sheriff, an assistant sheriff or a deputy sheriff.
Right of entry etc to court premises
(1)A person has a right to enter and remain in an area of court premises that is open to the public if—
(a)the person complies with all orders made by a judge or magistrate, whether under this Act or otherwise; and
(b)the person complies with all the requirements made under this part by a security officer; and
(c)if the person wishes to enter or remain in a courtroom where a court is sitting or about to sit—there is seating for the person in the courtroom.
(2)This section is subject to—
(a)the ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private); and
(b)section 72 (Court proceedings involving children or young people not open to public); and
(c)the Crimes (Child Sex Offenders) Act 2005, section 132ZG (Proceedings for orders to be closed to public); and
(d)the following sections of the Evidence (Miscellaneous Provisions) Act 1991:
(i)section 11 (Consequential orders—pt 2.2);
(ii)section 50 (Evidence to be given in closed court);
(iii)section 70 (Consequential orders—div 4.3.5);
(iv)section 73 (Certain evidence to be given in closed court);
(v)section 77 (c) (Application for leave under s 76);
(vi)section 79G (5) (Preliminary examination of protected confidence evidence);
(vii)section 79I (2) (a) (Ancillary orders for protection of person who made protected confidence);
(viii)section 102 (Witness with vulnerability may give evidence in closed court);
(ix)section 111 (4) (Prohibition of publication of evidence etc); and
(e)the Inquiries Act 1991, section 21 (3) (Power to hold); and
(f)the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and
(g)the Royal Commissions Act 1991, section 28 (3) (Power to hold); and
(h)the Workplace Privacy Act 2011, section 27; and
(i)the inherent jurisdiction of a court to regulate its proceedings; and
(j)any other law in force in the ACT about the people who may be present in a court or on court premises.
Powers under part additional to other powers
The powers under this part are additional to any other powers that a court, judge, magistrate, police officer, sheriff’s officer or anyone else has apart from this part.
Security officer to be identified before exercising powers
(1)A security officer who is not a police officer or sheriff’s officer may exercise a power under this part in relation to a person only if—
(a)the officer first identifies himself or herself as a security officer if it is practicable to do so; and
(b)the officer produces his or her identity card for inspection by the person if the person asks the officer to do so.
(2)A security officer who is a police officer or sheriff’s officer and is not in uniform may exercise a power under this part in relation to a person only if—
(a)the officer first identifies himself or herself as a police officer or sheriff’s officer if it is practicable to do so; and
(b)the officer produces evidence that he or she is a police officer or sheriff’s officer if the person asks the officer to do so.
(3)If a security officer fails to comply with this section in relation to a person, the person is not obliged to comply with a requirement made by the officer.
Person may be required to state name etc
(1)If a security officer believes, on reasonable grounds, that a person entering or on court premises is behaving unlawfully, is behaving in a disorderly or menacing way or is a threat to court security, the security officer may require the person to tell the officer—
(a)the person’s name; and
(b)the person’s reason for entering or being on the premises.
(2)A person must not, without reasonable excuse, fail to tell a security officer the person’s name, or the person’s reason for entering or being on the court premises, when required to do so under subsection (1).
Maximum penalty: 5 penalty units.
(3)A person must not give a name, or other information, that is false or misleading in a material particular in purported compliance with a requirement under subsection (1).
Maximum penalty: 20 penalty units.
Searches
(1)A security officer may require a person entering or on court premises to do any of the following:
(a)to undergo a screening search;
(b)to allow anything in the person’s possession to be subjected to a screening search;
(c)to open and empty out the person’s pockets;
(d)to open or empty a briefcase, bag or container (for example, a box or carton) the person is carrying or is otherwise in the person’s possession or allow the security officer to search anything the person is carrying or is otherwise in the person’s possession.
(2)A requirement made by a security officer under this section—
(a)may be made only if the officer believes on reasonable grounds that it is prudent for court security; and
(b)may be of general application; and
(c)must comply with any written policy made in relation to searches under this section by—
(i)the Chief Justice; or
(ii)the Chief Magistrate; or
(iii)the president of the ACAT.
(3)If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty: 50 penalty units.
(4)A security officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is necessary to conduct the search.
Seizure and forfeiture of firearms etc
A security officer may seize a firearm, explosive or offensive weapon that a person entering or on court premises is carrying or otherwise has in the person’s possession.
Security officer may require thing that may hide firearms etc to be left
(1)A security officer may require a person entering or on court premises with anything to leave the thing with the officer if the officer believes on reasonable grounds that the thing may contain a firearm, explosive or offensive weapon or be used as an offensive weapon.
(2)If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty: 50 penalty units, 6 months imprisonment or both.
(3)If a person leaves something with a security officer under this section, the person is entitled, on request to a security officer, to the return of the thing when the person leaves the court premises.
Unlawful, disorderly conduct etc
(1)If a security officer believes on reasonable grounds that a person entering or on court premises is behaving unlawfully or in a disorderly or menacing way, the officer may require the person not to enter, or to leave, the court premises.
(2)However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
(3)For this section, a person is required to attend a court if—
(a)the person is a lawyer who is to appear before the court; or
(b)the person is a party to a proceeding being heard, or about to be heard, by the court; or
(c)the person is required to attend the court by a summons, subpoena or other court process or order; or
(d)the person is accompanying a person mentioned in paragraph (a) to (c).
(4)A person must not contravene a requirement under this section.
Maximum penalty: 50 penalty units, 6 months imprisonment or both.
Contravention of requirement of security officer
(1)If a person contravenes a requirement of a security officer under section 44 (Person may be required to state name etc), section 45 (Searches) or section 47 (Security officer may require thing that may hide firearms etc to be left), a security officer may require the person—
(a)not to enter the court premises or a part of the court premises; or
(b)to immediately leave the court premises or a part of the court premises.
(2)However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
(3)For this section, a person is required to attend a court if—
(a)the person is a lawyer who is to appear before the court; or
(b)the person is a party to a proceeding being heard, or about to be heard, by the court; or
(c)the person is required to attend the court by a summons, subpoena or other court process or order; or
(d)the person is accompanying a person mentioned in paragraph (a) to (c).
(4)A person must not contravene a requirement under this section.
Maximum penalty: 50 penalty units.
(5)A security officer may prevent a person from entering court premises or a part of court premises in contravention of a requirement under this section or section 48.
(6)If a person on court premises contravenes a requirement under this section or section 48, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
Judge, magistrate or presidential member may close court premises
(1)If a judge, magistrate or presidential member considers it necessary for securing order and safety in court premises or a part of court premises, the judge, magistrate or presidential member may—
(a)order members of the public generally, or stated members of the public, to leave the court premises or a part of the court premises; or
(b)order members of the public generally, or stated members of the public, not to be admitted to the court premises or a part of the court premises.
(2)A person must not contravene an order of a judge, magistrate or presidential member under this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)A security officer may prevent a person from entering court premises or a part of court premises in contravention of an order under this section.
(4)If a person on court premises contravenes an order under this section, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
(5)In this section:
presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
Security officers
(1)The director‑general may appoint a person (other than a police officer or sheriff’s officer) to be a security officer.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3Each police officer and sheriff’s officer is a security officer (see s 40, def security officer).
(2)The director‑general may appoint a person as a security officer only if the director‑general is satisfied the person—
(a)holds a security licence; and
(b)has not committed an offence against this part or has not been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; and
(c)is capable of competently exercising the functions of a security officer under this part.
(3)The director‑general may end the appointment of a person as a security officer if—
(a)the person ceases to hold a security licence; or
(b)the person is not employed by a person holding a master licence under the Security Industry Act 2003; or
(c)the person commits an offence against this part or has been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; or
(d)the person is not capable of competently exercising the functions of a security officer under this part; or
(e)the director‑general and the person agree to the revocation.
NoteA security officer’s appointment also ends if the officer resigns (see Legislation Act, s 210).
(4)In this section:
security licence means a licence under the Security Industry Act 2003 that authorises the licensee to patrol, protect, watch or guard property (including cash in transit), whether or not it authorises the licensee to do anything else.
Identity cards for security officers
(1)The director‑general must issue an identity card to each security officer who is not a police officer or sheriff’s officer.
(2)The identity card must—
(a)state that the person to whom the card is issued is a security officer for this part; and
(b)show—
(i)a recent photograph of the person; and
(ii)the name of the person; and
(iii)the date of issue of the card; and
(iv)a date of expiry of the card; and
(v)anything else prescribed by regulation.
(3)A security officer who is not a police officer or sheriff’s officer must—
(a)at all times while on duty at court premises wear the officer’s identity card so it is clearly visible; and
(b)produce it for inspection by a person if the person asks the security officer to do so.
Maximum penalty: 1 penalty unit.
(4)A person appointed as a security officer who ceases to be a security officer must return the officer’s identity card to the director‑general as soon as practicable, but within 21 days after ceasing to be a security officer.
Maximum penalty: 1 penalty unit.
Part 5AMediation
52ADefinitions—pt 5A
In this part:
accredited mediator means a person who is entered as a mediator in the register of nationally accredited mediators maintained by the Mediator Standards Board.
mediation means a meeting between parties to a proceeding in a court or an application to the ACAT and an accredited mediator for resolving a matter to which the proceeding or application relates, and includes a thing done—
(a)to arrange the meeting (whether or not successfully); or
(b)to follow up anything raised in the meeting.
mediation material means—
(a)a communication made at mediation; or
(b)a document, whether delivered or not, prepared—
(i)for or during mediation; or
(ii)following a decision made or undertaking given in mediation.
Mediator Standards Board means the Mediator Standards Board Limited (ACN 145 829 812).
52BAdmissibility of information given at mediation
(1)Evidence of mediation material is not admissible in a proceeding before any of the following, except in accordance with the Evidence Act 2011, section 131 (Exclusion of evidence of settlement negotiations):
(a)a court;
(b)an entity authorised to hear and receive evidence;
(c)an entity authorised by the consent of the parties to hear evidence.
(2)Evidence of mediation material is not admissible in a proceeding under the ACT Civil and Administrative Tribunal Act 2008 unless all parties agree to the giving of the evidence.
52CSecrecy
(1)A person who is or has been an accredited mediator must not disclose mediation material.
(2)However, this section does not apply if—
(a)the disclosure is required under a territory law or Commonwealth law; or
(b)the disclosure is made with the consent of the parties to mediation; or
(c)the disclosure is made with the consent of the person who gave the material to the accredited mediator; or
(d)the person mentioned in subsection (1) believes on reasonable grounds that—
(i)a person’s life, health or property is under serious and imminent threat and the disclosure is necessary to avert, or mitigate the consequences of, its realisation; or
(ii)the disclosure is necessary to report to the appropriate authority the commission of an offence or prevent the likely commission of an offence.
(3)In this section:
offence means an offence involving—
(a)violence, or the threat of violence, to a person; or
(b)intentional damage, or the threat of intentional damage, to property.
52DProtection of accredited mediator from liability
(1)An accredited mediator is not civilly liable for anything done or omitted to be done honestly for the purpose of a mediation.
(2)The same privilege in relation to defamation that applies to judicial proceedings applies to—
(a)mediation; or
(b)mediation material—
(i)produced at mediation; or
(ii)given to an accredited mediator for arranging, conducting or following up mediation.
Part 6Procedural provisions—all proceedings
Application—pt 6
This part applies to all proceedings in the Supreme Court or Magistrates Court.
No distinction between court and chambers
The business of a court, wherever it is conducted, is taken to be conducted in court.
Part 6AProcedural provisions—criminal proceedings
Provision of interpreters
(1)This section applies if—
(a)evidence is to be given by a witness in a criminal proceeding through an interpreter; and
(b)either—
(i)the witness does not wish to provide the interpreter; or
(ii)the court considers that the person provided, or proposed to be provided, by the witness as an interpreter is not competent to interpret for the witness in the proceeding.
NoteThe Evidence Act 2011, s 30 provides that a witness in a proceeding in an ACT court may give evidence through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, a question put to the witness.
(2)The prosecutor must provide a person who is competent to interpret for the witness in the proceeding.
Part 7Procedural provisions—civil proceedings
Application—pt 7
This part (other than section 63) applies to a civil proceeding in the Supreme Court or Magistrates Court.
NoteSection 63 (Receivers) applies only to a civil proceeding in the Supreme Court.
Counterclaims and third parties
(1)In a proceeding in the court, the defendant is entitled to relief (whether at law or in equity)—
(a)against the plaintiff, if the relief claimed would have been granted to the defendant if the defendant had started a separate proceeding against the plaintiff; or
(b)against someone other than the plaintiff, if—
(i)the relief claimed relates to the subject matter of the proceeding; and
(ii)the person is served with written notice of the claim; and
(iii)the claim would have been granted to the defendant if the defendant had started a separate proceeding against the person.
(2)If a person is served with a notice mentioned in subsection (1) (b) (ii), the person is taken to be a party to the relevant proceeding with the same rights as if the defendant had started a separate proceeding against the person.
Injunctions
(1)At any stage of a proceeding, the court may grant an injunction (interlocutory or otherwise) on the conditions the court considers appropriate if the court considers it appropriate to do so.
(2)Without limiting subsection (1), the court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury.
(3)Subsection (2) applies in relation to a threatened waste or trespass to land whether or not—
(a)the person against whom the injunction is sought claims any title to the land; or
(b)that person is in possession of the land; or
(c)the estates claimed by both or either of the parties are legal or equitable.
Receivers
(1)This section applies only to a civil proceeding in the Supreme Court.
(2)At any stage of the proceeding, the court may appoint a receiver if the court considers it appropriate to do so.
(3)The appointment may be made on the conditions the court considers appropriate.
Rules of practice and procedure—judicial discretion
In a proceeding, if no provision about a matter of practice or procedure of a court is made under this Act or another territory law, the court may give the directions about practice and procedure that it considers appropriate.
Appearance by lawyer
A party to a proceeding in a court may appear before the court either personally or by a lawyer.
Non-appearance or absence of some defendants
(1)When there are several defendants in any cause pending in the court, if any defendant is not served with process and does not voluntarily appear, the court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the court.
(2) The judgment referred to in subsection (1) in a cause does not prejudice a defendant in the cause who is not served with process and does not voluntarily submit to the jurisdiction of the court.
(3)If, in a suit of which the court has jurisdiction, a defendant is not a resident of, or in, Australia and does not voluntarily appear in the suit, the court may nevertheless exercise its jurisdiction after notice to the defendant, and on the conditions, prescribed under the rules.
Amendment of defects
(1)The court may at any time amend a defect or error in a proceeding in the court.
(2)The amendment may be made on the conditions the court considers just.
(3)An amendment under this section is to be made for the purpose of deciding the real questions in issue in the proceeding.
Formal defects to be amended
(1)No proceedings in the court are to be invalidated by any formal defect or by any irregularity, unless the court is of opinion that substantial injustice has been caused and that the injustice cannot be remedied by an order of the court.
(2)The court may make an order declaring that any proceeding is valid despite any formal defect or any irregularity.
Part 7AProcedural provisions—proceedings involving children or young people
Division 7A.1 General
68ADefinitions—pt 7A and div 7A.1
(1)In this part:
Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander person.
Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.
care and protection chapters means the care and protection chapters under the Children and Young People Act 2008.
child—see the Children and Young People Act 2008, section 11.
director‑general means the director‑general responsible for the Children and Young People Act 2008.
young person—see the Children and Young People Act 2008, section 12.
(2)In this division:
daily care responsibility—see the Children and Young People Act 2008, section 19.
long-term care responsibility—see the Children and Young People Act 2008, section 20.
victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.
Childrens Court procedure
(1)The Magistrates Court Act 1930, chapter 3 (Criminal proceedings), and the rules applying to criminal proceedings in the Magistrates Court, apply to the Childrens Court in relation to a criminal proceeding.
(2)The rules applying to civil proceedings in the Magistrates Court apply to the Childrens Court in relation to any other proceeding.
When parents must attend court proceedings
(1)A parent of a child or young person who is the subject of a proceeding in a court must attend the court throughout the proceeding if—
(a)notice of the proceeding has been given to the parent; or
(b)the parent otherwise knows of the proceeding.
(2)Notice of a proceeding given to a parent must state—
(a)when and where the hearing of the proceeding will begin; and
(b)that a warrant may be issued to bring the parent before the court if the parent does not attend throughout the proceeding.
(3)The court may issue a warrant to bring a parent of a child or young person before the court if—
(a)notice of the proceeding has been given to a parent of the child or young person; but
(b)neither parent attends the court at the beginning of, or at any time during, the proceeding.
(4)This section applies to a parent who lives in or outside the ACT.
(5)However, this section does not apply to a parent if—
(a)daily care responsibility or long-term care responsibility for the child or young person has been transferred to someone else; or
(b)for a criminal proceeding—the parent was a victim of an offence to which the proceeding relates and the court excludes the parent under section 72 (2); or
(c)exceptional circumstances prevent the parent from attending.
Examples—par (c)
1the parent is overseas and unable to return
2the parent is serving a sentence of imprisonment by full-time detention
(6)Also, this section does not apply to a proceeding under the care and protection chapters.
Court proceedings involving children or young people not open to public
(1)If a child or young person is the subject of a proceeding in a court, the following people are the only people who may be present at the hearing of the proceeding:
(a)an officer of the court;
(b)a party to the proceeding, a lawyer representing the party, and an employee of the lawyer;
(c)a parent of the child or young person;
(d)someone else who has daily care responsibility, or long-term care responsibility, for the child or young person;
(e)anyone else the court admits as the child’s or young person’s representative;
(f)the director-general or an authorised person under the Children and Young People Act 2008;
(g)the public advocate or a person authorised by the public advocate for this section;
(h)if the child or young person is an Aboriginal or Torres Strait Islander person—
(i)the Aboriginal and Torres Strait Islander children and young people commissioner; or
(ii)a person authorised by the Aboriginal and Torres Strait Islander children and young people commissioner for this section;
(i)a person who has, or a representative of an entity that has, provided a report under the care and protection chapters;
(j)for a criminal proceeding—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer;
NotePublishing certain information about proceedings involving children is an offence (see Criminal Code, s 712A (Publishing identifying information about childrens proceedings)).
(k)for a criminal proceeding—a person who was a victim of an offence to which the proceeding relates, unless the person is excluded by the court under subsection (2);
(l)for a criminal proceeding in which circle sentencing is being considered—a person involved in the circle sentencing;
(m)anyone else required or permitted to be present by the court or under the Children and Young People Act 2008 or any other Act.
(2)A court may exclude a person who was a victim of an offence to which a criminal proceeding relates from being present at the hearing of the proceeding if it considers it is appropriate to do so having regard to—
(a)the person’s behaviour or expected behaviour; or
(b)the nature of the person’s relationship with the child or young person.
Example—par (b)
a violent or abusive relationship
(3)The public advocate and the director‑general may make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (m), or exclude a person under subsection (2).
(4)If an Aboriginal or Torres Strait Islander child or young person is the subject of a proceeding in a court, the Aboriginal and Torres Strait Islander children and young people commissioner may also make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (m), or exclude a person under subsection (2).
(5)In this section:
circle sentencing—see the Magistrates Court Act 1930, dictionary.
Court may excuse parties from attending proceedings
(1)This section applies if a child or young person is the subject of a proceeding in a court.
(2)On the application of a party to the proceeding, the court may excuse the party from attending all or part of the proceeding.
(3)The court may, at any time and by notice given to the party, require the party to attend the proceeding.
Certain related applications may be heard together
(1)If 2 or more applications have been filed in a court in relation to a child or young person, the court may hear and decide the applications together if it considers that it would be in the best interests of the child or young person.
(2)If 2 or more applications are before a court in relation to children or young people who are related, or that raise related matters about children or young people, the court may hear and decide the applications together if it considers that it would be in the best interests of each child or young person.
74AParticipation of children and young people in proceedings
(1)A child or young person has a right to take part in a proceeding in a court in relation to the child or young person.
(2)The court may ask the director‑general to assist the court by giving the child or young person sufficient information about the proceeding, in language and a way that the child or young person can understand, to allow the child or young person to take part fully in the proceeding.
74BCourt must ensure children and young people etc understand proceedings
Amendment history
Commencement
s 2om LA s 89 (4)
Main purpose of civil procedure provisions
s 5Ains A2015‑52 s 16
am A2016‑37 amdt 1.23
Rule-making power
s 7am A2005‑20 amdt 3.96; A2023-37 s 5
Approved forms
s 8am A2011‑3 amdt 3.148; A2023-37 s 5
Rule-making committee
s 9am A2012‑13 amdt 1.13; A2015‑10 s 23, s 28; ss renum R39 LA; A2023-37 s 6
Delegation by Chief Justice and Chief Magistrate
s 10 hdgsub A2012‑13 amdt 1.14
s 10am A2012‑13 amdt 1.15, amdt 1.16; ss renum R34 LA
Advisory committee
s 11am A2011‑22 amdt 1.117; A2011‑22 amdt 1.17; pars renum R34 LA; A2015‑10 s 28; A2015‑52 s 17; pars renum R41 LA; A2016‑28 amdt 1.1; A2023-37 ss 7-9; A2023-42 s 7
Chief executive officer of courts
pt 2A hdgins A2015‑52 s 18
sub A2023-42 s 8
Appointment of chief executive officer
s 11A hdgsub A2023-42 s 9
s 11Ains A2015‑52 s 18
am A2016‑28 amdt 1.1; A2023-42 ss 10-16
Administrative functions of chief executive officer
s 11B hdgsub A2023-42 s 17
s 11Bins A2015‑52 s 18
am A2016‑28 amdt 1.1; A2017‑38 s 20, s 21; A2023-42 ss 18‑20
Delegation by chief executive officer
s 11BA hdgsub A2023-42 s 21
s 11BAins A2017‑38 s 22
am A2023-42 ss 22-24
Leave of absence
s 11BBins A2018-39 s 5
am A2023-42 s 25
Chief executive officer must not do other work
s 11BC hdgsub A2023-42 s 26
s 11BCins A2018-39 s 5
am A2023-42 s 27
Disclosure of interests
s 11BDins A2018-39 s 5
am A2023-42 s 27
Ending chief executive officer’s appointment
s 11C hdgsub A2023-42 s 28
s 11Cins A2015‑52 s 18
sub A2018-39 s 6
am A2023-42 s 29, s 30
Chief executive officer not to direct registrars in relation to court functions
s 11D hdgsub A2023-42 s 31
s 11Dins A2015‑52 s 18
am A2023-42 s 32
Consultants
s 11Eins A2018-39 s 7
am A2023-42 s 32
Fees generally
div 3.1 hdgins A2008‑36 amdt 1.192
Definitions—pt 3
s 12def energy and water consumer council ins A2008‑22 amdt 1.15
om A2009‑20 amdt 3.49
def essential services consumer council om A2008‑22 amdt 1.15
def relevant legislation sub A2008‑36 amdt 1.193
am A2010‑21 amdt 1.3; pars renum R27 LA
def tribunal am A2008‑22 amdt 1.16
om A2008‑36 amdt 1.194
Determination of fees
s 13am A2006‑40 amdt 2.88, amdt 2.89; A2008‑36 amdt 1.195; A2011‑3 amdt 3.149; A2024-34 amdt 1.1; ss renum R61 LA
Payment of fees
s 14am A2008‑36 amdt 1.196
Remission, refund, deferral, waiver and exemption of fees
s 15am A2005‑13 amdt 1.21; A2006‑25 amdt 2.4; A2006‑55 s 7; A2008‑20 amdt 2.15, amdt 2.16, amdt 4.12, amdt 4.13; A2008‑36 amdts 1.197-1.199; ss renum R21 LA; A2008‑46 amdt 3.9; A2015‑38 amdt 2.69; A2016‑42 amdt 3.23; amdt 3.24; pars renum R48 LA; A2020‑42 s 32
Recovery of fees in civil proceedings if fees not otherwise payable
s 16am A2008‑36 amdt 1.200, amdt 1.201; A2015‑52 s 19
Review of decisions—fees
div 3.2 hdgins A2008‑36 amdt 1.202
Meaning of reviewable decision—div 3.2
s 18sub A2008‑36 amdt 1.202
Reviewable decisions—court
s 18Ains A2008‑36 amdt 1.202
am A2015‑10 s 28; A2023-37 s 10
Reviewable decisions—ACAT
s 18Bins A2008‑36 amdt 1.202
No fee for review by court or ACAT
s 18Cins A2008‑36 amdt 1.202
Definitions—pt 4
s 20def judgment sub A2008‑36 amdt 1.203
def proceeding sub A2008‑36 amdt 1.203
Proceedings by and against the Crown generally
s 21reloc from Crown Proceedings Act 1992 s 5 by A2004‑60 amdt 1.118
am A2005‑20 amdt 3.97, amdt 3.98; A2008‑36 amdt 1.204
Immunities and limitations of liability
s 22reloc from Crown Proceedings Act 1992 s 6 by A2004‑60 amdt 1.118
Corresponding laws of States and other Territories
s 23reloc from Crown Proceedings Act 1992 s 7 by A2004‑60 amdt 1.118
Injunctive relief
s 24reloc from Crown Proceedings Act 1992 s 8 by A2004‑60 amdt 1.118
Protection of confidentiality on grounds of public interest
s 25reloc from Crown Proceedings Act 1992 s 9 by A2004‑60 amdt 1.118
Right of Attorneys-General of other jurisdictions to appear in proceedings
s 26reloc from Crown Proceedings Act 1992 s 10 by A2004‑60 amdt 1.118
am A2005‑20 amdt 3.99
Right of Attorney-General to intervene in proceedings
s 27reloc from Crown Proceedings Act 1992 s 11 by A2004‑60 amdt 1.118
am A2005‑20 amdt 3.100; ss renum R4 LA (see A2005‑20 amdt 3.101); A2008‑36 amdt 1.205, amdt 1.206
Fees and charges in proceedings
s 28 hdgsub A2008‑36 amdt 1.207
s 28reloc from Crown Proceedings Act 1992 s 12 by A2004‑60 amdt 1.118
am A2008‑36 amdt 1.208
Enforcement of judgments against Territory Crown
s 29reloc from Crown Proceedings Act 1992 s 13 by A2004‑60 amdt 1.118
am A2008‑36 amdt 1.209; A2012‑13 amdt 1.18
Enforcement of judgments against Crown in right of a State or another Territory
s 30reloc from Crown Proceedings Act 1992 s 13A by A2004‑60 amdt 1.118
am A2008‑36 amdt 1.210
Enforcement of judgments by the Crown
s 31reloc from Crown Proceedings Act 1992 s 14 by A2004‑60 amdt 1.118
sub A2008‑36 amdt 1.211
Endorsement etc of originating process
s 32reloc from Crown Proceedings Act 1992 s 15 by A2004‑60 amdt 1.121
Service generally
s 33reloc from Crown Proceedings Act 1992 s 16 by A2004‑60 amdt 1.125
Service of subpoenas etc on Ministers
s 34reloc from Crown Proceedings Act 1992 s 17 by A2004‑60 amdt 1.128
Representation if right to legal representation restricted
s 35reloc from Crown Proceedings Act 1992 s 19 by A2004‑60 amdt 1.133
am A2011‑22 amdt 1.117
Exclusion of certain proceedings
s 36reloc from Crown Proceedings Act 1992 s 20 by A2004‑60 amdt 1.136
Regulations for pt 4
s 37reloc from Crown Proceedings Act 1992 s 21 by A2004‑60 amdt 1.136
Definitions—pt 5
s 40def assistant sheriff reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def court reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
am A2005‑20 amdt 3.102, amdt 3.103; A2008‑36 amdt 1.212; pars renum R21 LA; A2015‑1 amdt 1.2; pars renum R47 LA
def court premises reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def deputy sheriff reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
am A2023-33 amdt 2.7
def explosive reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def firearm reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
sub A2008‑25 amdt 2.1
def judge reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
am A2015‑10 s 28
sub A2023-37 s 11
def magistrate reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def offensive weapon reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def screening search reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def security officer reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
def sheriff reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
am A2023-33 amdt 2.7
def sheriff’s officer reloc from Court Security Act 2001 dict by A2004‑60 amdt 1.102
Right of entry etc to court premises
s 41reloc from Court Security Act 2001 s 5 by A2004‑60 amdt 1.99
am A2008‑36 amdt 1.213, amdt 1.214; pars renum R21 LA; A2008‑20 amdt 4.14; A2011‑4 s 49; pars renum R30 LA; A2011‑48 amdt 1.16; A2012‑21 amdt 3.31, amdt 3.32; A2012‑20 s 31; pars renum R36 LA; A2015-40 amdt 1.5; A2018‑46 amdt 1.2; A2023-33 amdt 2.8
Powers under Act additional to other powers
s 42reloc from Court Security Act 2001 s 6 by A2004‑60 amdt 1.99
Security officer to be identified before exercising powers
s 43reloc from Court Security Act 2001 s 7 by A2004‑60 amdt 1.99
Person may be required to state name etc
s 44reloc from Court Security Act 2001 s 8 by A2004‑60 amdt 1.99
Searches
s 45reloc from Court Security Act 2001 s 9 by A2004‑60 amdt 1.99
am A2009‑44 amdt 1.21; A2015‑11 amdt 1.24; A2016‑28 amdt 1.1
Seizure and forfeiture of firearms etc
s 46reloc from Court Security Act 2001 s 10 by A2004‑60 amdt 1.99
Security officer may require thing that may hide firearms etc to be left
s 47reloc from Court Security Act 2001 s 11 by A2004‑60 amdt 1.99
Unlawful, disorderly conduct etc
s 48reloc from Court Security Act 2001 s 12 by A2004‑60 amdt 1.99
Contravention of requirement of security officer
s 49reloc from Court Security Act 2001 s 13 by A2004‑60 amdt 1.99
Judge, magistrate or presidential member may close court premises
s 50 hdgam A2008‑36 amdt 1.215
s 50reloc from Court Security Act 2001 s 15 by A2004‑60 amdt 1.99
am A2008‑36 amdt 1.215, amdt 1.216
Security officers
s 51reloc from Court Security Act 2001 s 16 by A2004‑60 amdt 1.99
am A2011‑22 amdt 1.117
Identity cards for security officers
s 52reloc from Court Security Act 2001 s 17 by A2004‑60 amdt 1.99
am A2011‑22 amdt 1.117
Mediation
pt 5A hdg ins A2015‑52 s 20
Definitions—pt 5A
s 52Ains A2015‑52 s 20
def accredited mediator ins A2015‑52 s 20
def mediation ins A2015‑52 s 20
def mediation material ins A2015‑52 s 20
def Mediator Standards Board ins A2015‑52 s 20
Admissibility of information given at mediation
s 52Bins A2015‑52 s 20
Secrecy
s 52Cins A2015‑52 s 20
Protection of accredited mediator from liability
s 52Dins A2015‑52 s 20
Procedural provisions—all proceedings
pt 6 hdgorig pt 6 hdg
renum as pt 9 hdg
prev pt 6 hdg
ins A2005‑60 amdt 1.35
reloc to Evidence (Miscellaneous Provisions) Act 1991 pt 6 by A2006‑40 amdt 2.90
pres pt 6 hdg
ins A2006‑40 amdt 2.91
Application—pt 6
s 53orig s 53
renum as s 80
prev s 53
reloc from Evidence Act 1971 s 82 by A2005‑60 amdt 1.61
reloc to Evidence (Miscellaneous Provisions) Act 1991 s 90 by A2006‑40 amdt 2.90
pres s 53
ins A2006‑40 amdt 2.91
Delegation by secretary of rule-making committee
s 53Arenum as s 81
Prohibition of publication of evidence etc
s 54orig s 54
renum as s 82
prev s 54
reloc from Evidence Act 1971 s 83 by A2005‑60 amdt 1.61
reloc to Evidence (Miscellaneous Provisions) Act 1991 s 91 by A2006‑40 amdt 2.90
pres s 54
ins A2006‑40 amdt 2.91
Procedural provisions—criminal proceedings
pt 6A hdgins A2011‑48 amdt 1.17
Provision of interpreters
s 55reloc from Evidence Act 1971 s 84 by A2005‑60 amdt 1.61
reloc to Evidence (Miscellaneous Provisions) Act 1991 s 92 by A2006‑40 amdt 2.90
ins A2011‑48 amdt 1.17
Procedural provisions—civil proceedings
pt 7 hdgorig pt 7 hdg renum as pt 10 hdg
ins A2005‑60 amdt 1.35
sub A2006‑40 amdt 2.91
General
div 7.1 hdgrenum as div 10.1 hdg
Application—pt 7
s 56reloc from Evidence Act 1971 s 85A by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
Definitions—pt 7
s 57reloc from Evidence Act 1971 s 85B by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
def examination reloc from Evidence Act 1971 s 85B by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
def inferior court reloc from Evidence Act 1971 s 85B by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
def judicial authority reloc from Evidence Act 1971 s 85B by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
Supreme Court proceedings
s 58reloc from Evidence Act 1971 s 85C by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
Inferior court proceedings
s 59reloc from Evidence Act 1971 s 85D by A2005‑60 amdt 1.72
om A2006‑40 amdt 2.91
Application—pt 7
s 60orig s 60 renum as s 100
reloc from Evidence Act 1971 s 85E by A2005‑60 amdt 1.72
sub A2006‑40 amdt 2.91
Counterclaims and third parties
s 61orig s 61 renum as s 101
reloc from Evidence Act 1971 s 85F by A2005‑60 amdt 1.72
sub A2006‑40 amdt 2.91
Arrest on mesne process
div 7.2 hdgrenum as div 10.2 hdg
Injunctions
s 62orig s 62 renum as s 102
reloc from Evidence Act 1971 s 85G by A2005‑60 amdt 1.72
sub A2006‑40 amdt 2.91
Receivers
s 63orig s 63 renum as s 103
reloc from Evidence Act 1971 s 85H by A2005‑60 amdt 1.72
sub A2006‑40 amdt 2.91
Attachment of earnings
div 7.3 hdgrenum as div 10.3 hdg
Stay of proceedings
div 7.4 hdgrenum as div 10.4 hdg
Set-off of debts
div 7.5 hdgrenum as div 10.5 hdg
Judgment creditors remedies
div 7.6 hdgrenum as div 10.6 hdg
Rules of practice and procedure—judicial discretion
s 64orig s 64 renum as s 104
reloc from Evidence Act 1971 s 85J by A2005‑60 amdt 1.80
sub A2006‑40 amdt 2.91
def request reloc from Evidence Act 1971 s 85J by A2005‑60 amdt 1.80
om A2006‑40 amdt 2.91
def requesting court reloc from Evidence Act 1971 s 85J by A2005‑60 amdt 1.80
om A2006‑40 amdt 2.91
Appearance by lawyer
s 65orig s 65 renum as s 105
reloc from Evidence Act 1971 s 85K by A2005‑60 amdt 1.80
sub A2006‑40 amdt 2.91
Non-appearance or absence of some defendants
s 66orig s 66 renum as s 106
reloc from Evidence Act 1971 s 85L by A2005‑60 amdt 1.80
om A2006‑40 amdt 2.91
reloc from Supreme Court Act 1933 s 58 by A2006‑40 amdt 2.203
Amendment of defects
s 67orig s 67 renum as s 107
reloc from Evidence Act 1971 s 85M by A2005‑60 amdt 1.80
om A2006‑40 amdt 2.91
reloc from Supreme Court Act 1933 s 59 by A2006‑40 amdt 2.204
Formal defects to be amended
s 68orig s 68 renum as s 108
reloc from Evidence Act 1971 s 85N by A2005‑60 amdt 1.80
om A2006‑40 amdt 2.91
reloc from Supreme Court Act 1933 s 60 by A2006‑40 amdt 2.204
am A2011‑3 amdt 3.150, amdt 3.151
Procedural provisions—proceedings involving children or young people
pt 7A hdgins A2008‑19 amdt 1.15
General
div 7A.1 hdg ins A2008‑19 amdt 1.15
Definitions—pt 7A and div 7A.1
s 68Ains A2013‑19 amdt 3.49
def Aboriginal and Torres Strait Islander children and young people commissioner ins A2022‑25 amdt 1.63
def Aboriginal or Torres Strait Islander child or young person ins A2022‑25 amdt 1.63
def Aboriginal or Torres Strait Islander person ins A2022‑25 amdt 1.63
def care and protection chapters ins A2013‑19 amdt 3.49
def child ins A2013‑19 amdt 3.49
def daily care responsibility ins A2013‑19 amdt 3.49
def director‑general ins A2013‑19 amdt 3.49
def long-term care responsibility ins A2013‑19 amdt 3.49
def victim ins A2013‑19 amdt 3.49
def young person ins A2013‑19 amdt 3.49
Childrens Court procedure
s 69orig s 69 renum as s 109
ins A2008‑19 amdt 1.15
Application for order nisi for discharge
s 70renum as s 110
When parents must attend court proceedings
s 71orig s 71 renum as s 111
ins A2008‑19 amdt 1.15
am A2009‑24 amdt 1.3, amdt 1.4; A2013‑19 amdt 3.50, amdt 3.51
Court proceedings involving children or young people not open to public
s 72orig s 72 renum as s 112
ins A2008‑19 amdt 1.15
am A2009‑24 amdt 1.5; A2011‑22 amdt 1.117; A2011‑13 amdt 1.2; A2013‑19 amdts 3.52-3.55; A2022‑25 amdt 1.64, amdt 1.65; ss, pars renum R55 LA; A2023-33 amdt 2.9
Court may excuse parties from attending proceedings
s 73orig s 73 renum as s 113
ins A2008‑19 amdt 1.15
Certain related applications may be heard together
s 74orig s 74 renum as s 114
ins A2008‑19 amdt 1.15
Participation of children and young people in proceedings
s 74Ains A2008‑19 amdt 1.15
am A2011‑22 amdt 1.117; A2013‑19 amdt 3.56
Court must ensure children and young people etc understand proceedings
s 74Bins A2008‑19 amdt 1.15
Director‑general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedings
s 74C hdgam A2011‑22 amdt 1.117
sub A2022‑25 amdt 1.66
s 74Cins A2008‑19 amdt 1.15
am A2011‑22 amdt 1.117; A2013‑19 amdt 3.56; A2022‑25 amdt 1.67; A2024-49 s 12
Court may order report about young person
s 74Dins A2008‑19 amdt 1.15
am A2011‑22 amdt 1.117; A2013‑19 amdt 3.56
Children and young people may have legal and other representative
s 74Eins A2008‑19 amdt 1.15
Leave needed for litigation guardian
s 74Fins A2008‑19 amdt 1.15
Legal representation of children and young people
s 74Gins A2008‑19 amdt 1.15
Orders about legal representation of children and young people—all proceedings
s 74Hins A2008‑19 amdt 1.15
Rule-making committee and court to have regard to youth justice principles
s 74Iins A2008‑19 amdt 1.15
Care and protection considerations in proceedings
div 7A.2 hdg ins A2008‑19 amdt 1.15
Definitions—div 7A.2
s 74Jins A2008‑19 amdt 1.15
om A2013‑19 amdt 3.57
def care and protection chapters ins A2008‑19 amdt 1.15
om A2013‑19 amdt 3.57
def chief executive ins A2008‑19 amdt 1.15
om A2011‑22 amdt 1.117
def director‑general ins A2011‑22 amdt 1.117
om A2013‑19 amdt 3.57
def in need of care and protection ins A2008‑19 amdt 1.15
om A2013‑19 amdt 3.57
Proceedings dismissed or adjourned for care and protection reasons
s 74Kins A2008‑19 amdt 1.15
am A2011‑22 amdt 1.117; A2013‑19 amdt 3.58; A2022‑25 amdt 1.68
Director‑general must report to court, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner
s 74L hdgam A2011‑22 amdt
sub A2022‑25 amdt 1.69
s 74Lins A2008‑19 amdt 1.15
am A2011‑22 amdt 1.117; A2022‑25 amdts 1.70-1.72; ss renum R55 LA
Alteration of time periods during COVID-19 emergency
s 74LAins A2020‑14 amdt 1.41
exp 29 October 2022 (s 75LA (6))
Court action after adjournment
s 74Mins A2008‑19 amdt 1.15
am A2011‑22 amdt 1.117
Procedural provisions—industrial or work safety matters
pt 7B hdgins A2013‑43 amdt 1.1
Industrial Court procedure
s 74Nins A2013‑43 amdt 1.1
Supreme Court—criminal proceedings
pt 8 hdgorig pt 8 hdg renum as pt 11 hdg
ins A2005‑60 amdt 1.35
om A2006‑40 amdt 2.91
ins A2006‑40 amdt 1.10
Supreme Court criminal proceedings—preliminary
div 8.1 hdgins A2006‑40 amdt 1.10
Application—pt 8
s 75ins A2006‑40 amdt 1.10
Trial on indictment
div 8.2 hdgins A2006‑40 amdt 1.10
Supreme Court jurisdiction to make orders for conduct of indictable trials
s 76orig s 76 renum as s 115
ins A2006‑40 amdt 1.10
(5)-(7) exp 19 October 2008 (s 76 (7) (LA s 88 declaration applies))
sub A2015‑10 s 24
Pre-trial disclosure—general
div 8.2A hdg ins A2024-27 s 4
Application—div 8.2A
s 76Ains A2024-27 s 4
Pre-trial disclosure of relevant material by prosecutor
s 76Bins A2024-27 s 4
Ongoing duty of disclosure by prosecutor
s 76Cins A2024-27 s 4
Prosecutor must allow inspection of certain disclosed matters on request
s 76Dins A2024-27 s 4
Address and contact details of people generally must not be disclosed under div 8.2A
s 76Eins A2024-27 s 4
Material used to give evidentiary certificate need not be disclosed under div 8.2A
s 76Fins A2024-27 s 4
Sanctions for non-compliance with disclosure requirements
s 76Gins A2024-27 s 4
Effect of div 8.2A on other laws
s 76Hins A2024-27 s 4
Pre-trial disclosure of expert evidence
div 8.3 hdgins A2015‑10 s 25
Application—div 8.3
s 77renum as s 116
ins A2015‑10 s 25
Mandatory pre-trial disclosure—expert evidence
s 78renum as s 117
ins A2015‑10 s 25
Prosecution notice—expert evidence
s 79ins A2015‑10 s 25
Accused person’s notice and reply—expert evidence
s 79Ains A2015‑10 s 25
Prosecution reply—expert evidence
s 79Bins A2015‑10 s 25
Sanctions for non-compliance with pre-trial disclosure requirements
s 79Cins A2015‑10 s 25
Disclosure requirement is ongoing
s 79Dins A2015‑10 s 25
Court may waive requirements
s 79Eins A2015‑10 s 25
Miscellaneous provision
s 79Fins A2015‑10 s 25
Miscellaneous
pt 9 hdg(prev pt 6 hdg) renum A2005‑60 amdt 1.36
Assignment of earnings not enforceable
s 80orig s 80 renum as s 118
(prev s 53) def earnings reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004‑60 amdt 1.146
renum A2005‑60 amdt 1.37
am A2013‑19 amdt 3.59, amdt 3.60
Court may inquire into truth of return of writ
s 80Arenum as s 81
Court may inquire into truth of return of writ
s 81orig s 81
renum as s 119
prev s 81
(prev s 53A) ins A2005‑20 amdt 3.104
renum as s 81 A2005‑60 amdt 1.37
am A2006‑42 amdt 3.26
renum as s 82
pres s 81
(prev s 80A) reloc from Law Reform (Miscellaneous Provisions) Act 1955 s 62 by A2006‑38 amdt 1.7
renum as s 81 A2006‑38 amdt 1.4
am A2013‑19 amdt 3.61
Delegation by secretary of rule-making committee
s 82orig s 82
renum as s 120
prev s 82
(prev s 54) renum as s 82 A2005‑60 amdt 1.37
renum as s 83
pres s 82
(prev s 81) renum as s 82 A2006‑38 amdt 1.4
Regulation-making power
s 83orig s 83
renum as s 121
pres s 83
(prev s 82) renum as s 83 A2006‑38 amdt 1.4
Mutual debts to be set one against the other
s 84renum as s 122
Exception
s 85renum as s 123
Expiry of div 10.5
s 86renum as s 124
Limitation of arrest under ca. sa.
s 87renum as s 125
Fraudulent concealment or intended departure
s 88renum as s 126
Exception for certain actions
s 89renum as s 127
Ca. sa. to fix bail
s 90renum as s 128
Liability for escape
s 91renum as s 129
Discharge of judgment debtor on authority of lawyer
s 92renum as s 130
Ca. sa. may be executed on Sunday
s 93renum as s 131
Expiry of div 10.6
s 94renum as s 132
Temporary provisions
pt 10 hdg(prev pt 7 hdg) renum A2005‑60 amdt 1.38
om R8 LA
General
div 10.1 hdg(prev div 7.1 hdg) renum A2005‑60 amdt 1.39
om R8 LA
Expiry of existing rules
s 100orig s 100 exp 10 January 2005 (s 100 (5))
(prev s 60) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 100 (3))
References to Magistrates Court (Civil Jurisdiction) Act etc
s 101orig s 101 exp 10 January 2005 (s 101 (5))
(prev s 61) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 101 (8))
Arrest on mesne process
div 10.2 hdg(prev div 7.2 hdg) renum A2005‑60 amdt 1.39
exp 1 July 2006 (s 114)
Meaning of capias for div 10.2
s 102orig s 102 exp 10 January 2005 (s 102 (3))
(prev s 62) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
No arrest on mesne process except under div 10.2
s 103orig s 103 exp 10 January 2005 (s 103 (4))
(prev s 63) reloc from Arrest on Mesne Process Act 1902 s 4 by A2004‑60 amdt 1.12
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Order to hold to bail
s 104orig s 104 renum as s 150
(prev s 64) reloc from Arrest on Mesne Process Act 1902 s 5 by A2004‑60 amdt 1.12
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Issue of writ of capias
s 105orig s 105 renum as s 151
(prev s 65) reloc from Arrest on Mesne Process Act 1902 s 6 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Execution of writ
s 106(prev s 66) reloc from Arrest on Mesne Process Act 1902 s 7 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Order and arrest to be during pendency of action
s 107(prev s 67) reloc from Arrest on Mesne Process Act 1902 s 8 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Defendant to remain in custody until bail bond given or deposit made
s 108(prev s 68) reloc from Arrest on Mesne Process Act 1902 s 9 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Subsequent proceedings subject to rules of court
s 109(prev s 69) reloc from Arrest on Mesne Process Act 1902 s 10 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Application for order nisi for discharge
s 110(prev s 70) reloc from Arrest on Mesne Process Act 1902 s 11 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Proceedings on order nisi
s 111(prev s 71) reloc from Arrest on Mesne Process Act 1902 s 12 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Appeal
s 112(prev s 72) reloc from Arrest on Mesne Process Act 1902 s 13 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Discharge on bankruptcy
s 113(prev s 73) reloc from Arrest on Mesne Process Act 1902 s 14 by A2004‑60 amdt 1.15
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Expiry—div 10.2
s 114(prev s 74) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 114)
Attachment of earnings
div 10.3 hdg(prev div 7.3 hdg) renum A2005‑60 amdt 1.39
exp 1 July 2006 (s 117)
Definitions—div 10.3
s 115(prev s 76) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 117)
def court reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004‑60 amdt 1.147
def dependant reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004‑60 amdt 1.147
def judgment debtor reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004‑60 amdt 1.147
def Metal Trades Award reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004‑60 amdt 1.147
Limitation on attachment of wages
s 116(prev s 77) reloc from Earnings (Assignment and Attachment) Act 1966 s 5 by A2004‑60 amdt 1.148
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 117)
Expiry of div 10.3
s 117(prev s 78) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 117)
Stay of proceedings
div 10.4 hdg(prev div 7.4 hdg) renum A2005‑60 amdt 1.39
exp 1 July 2006 (s 121)
Stay of proceedings
s 118(prev s 80) reloc from Judiciary (Stay of Proceedings) Act 1933 s 3 by A2004‑60 amdt 1.161
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 121)
Stay of execution
s 119(prev s 81) reloc from Judiciary (Stay of Proceedings) Act 1933 s 4 by A2004‑60 amdt 1.161
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 121)
Rescission or variation of previous direction or order
s 120(prev s 82) reloc from Judiciary (Stay of Proceedings) Act 1933 s 5 by A2004‑60 amdt 1.161
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 121)
Expiry of div 10.4
s 121(prev s 83) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 121)
Set-off of debts
div 10.5 hdg(prev div 7.5 hdg) renum A2005‑60 amdt 1.39
exp 1 July 2006 (s 124)
Mutual debts to be set one against the other
s 122(prev s 84) reloc from Set-off of Debts Act 1735 s 13 by A2004‑60 amdt 1.631
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 124)
Exception
s 123(prev s 85) reloc from Set-off of Debts Act 1735 s 5 by A2004‑60 amdt 1.633
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 124)
Expiry of div 10.5
s 124(prev s 86) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 124)
Judgment creditors remedies
div 10.6 hdg(prev div 7.6 hdg) renum A2005‑60 amdt 1.39
exp 1 July 2006 (s 132)
Limitation of arrest under ca. sa.
s 125(prev s 87) reloc from Judgment Creditors Remedies Act 1901 s 19 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Fraudulent concealment or intended departure
s 126(prev s 88) reloc from Judgment Creditors Remedies Act 1901 s 20 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Exception for certain actions
s 127(prev s 89) reloc from Judgment Creditors Remedies Act 1901 s 21 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Ca. sa. to fix bail
s 128(prev s 90) reloc from Judgment Creditors Remedies Act 1901 s 22 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Liability for escape
s 129(prev s 91) reloc from Judgment Creditors Remedies Act 1901 s 23 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Discharge of judgment debtor on authority of lawyer
s 130(prev s 92) reloc from Judgment Creditors Remedies Act 1901 s 24 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Ca. sa. may be executed on Sunday
s 131(prev s 93) reloc from Judgment Creditors Remedies Act 1901 s 26 by A2004‑60 amdt 1.159
renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Expiry of div 10.6
s 132(prev s 94) renum A2005‑60 amdt 1.40
exp 1 July 2006 (s 132)
Supreme Court
div 10.7 hdg ins A2005‑60 amdt 1.41
exp 1 July 2006 (s 139)
Exercise of jurisdiction by registrar
s 133ins A2005‑60 amdt 1.42
exp 1 July 2006 (s 139)
Costs
s 134reloc from Supreme Court Act 1933 s 23 by A2005‑60 amdt 1.137
exp 1 July 2006 (s 139)
Date of process
s 135reloc from Supreme Court Act 1933 s 66 by A2005‑60 amdt 1.141
exp 1 July 2006 (s 139)
Expiry of div 10.7
s 139ins A2005‑60 amdt 1.43
exp 1 July 2006 (s 139)
Business names—starting legal proceedings
div 10.8 hdgins A2005‑60 amdt 1.44
exp 1 July 2006 (s 141)
Effect of certain contraventions of Business Names Act on legal proceedings
s 140reloc from Business Names Act 1963 s 27 by A2005‑60 amdt 1.9
exp 1 July 2006 (s 141)
Expiry of div 10.8
s 141ins A2005‑60 amdt 1.45
exp 1 July 2006 (s 141)
Transitional
pt 11 hdg(prev pt 8 hdg) renum A2005‑60 amdt 1.46
exp 10 January 2007 (s 151)
Modification of pt 11’s operation
s 150(prev s 104) renum A2005‑60 amdt 1.47
exp 10 January 2007 (s 151)
Expiry of pt 11
s 151(prev s 105) renum A2005‑60 amdt 1.48
exp 10 January 2007 (s 151)
Transitional—rules of court
pt 12 hdgins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506)
Transitional regulations
s 500ins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506)
Construction of outdated references
s 501ins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Abolition of old enforcement processes
s 502ins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Right to claim set-off
s 503ins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Abolition of distinction between court and chambers
s 504ins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Application of sch 1 amendments
s 505ins A2006‑40 amdt 2.92
exp 29 November 2006 (s 505 (3) (LA s 88 declaration applies))
Expiry—pt 12
s 506ins A2006‑40 amdt 2.92
exp 1 July 2008 (s 506)
Transitional—Children and Young People Act 2008
pt 13 hdgins A2008‑20 amdt 1.2
exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Meaning of commencement day—pt 13
s 510ins A2008‑20 amdt 1.2
exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Notices to attend court proceeding
s 511ins A2008‑20 amdt 1.2
exp 27 February 2011 (s 514) (LA s 88 declaration applies)
Existing proceedings
s 512ins A2008‑20 amdt 1.2
exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Transitional regulations
s 513ins A2008‑20 amdt 1.2
exp 27 February 2011 (s 514)
Expiry—pt 13
s 514ins A2008‑20 amdt 1.2
exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Jurisdiction
sch 1 item 1am A2015‑10 s 28; A2023-37 s 12
Miscellaneous
sch 1 item 6am A2006‑40 amdt 2.93; A2017‑38 s 23; pars renum R49 LA
Parties and proceedings
sch 1 item 9am A2006‑40 amdt 2.94
Steps in proceedings
sch 1 item 10 sub A2006‑40 amdt 2.95
Disclosure
sch 1 item 12 am A2006‑40 amdt 2.96
Preservation of rights and property
sch 1 item 13 sub A2006‑40 amdt 2.97
Trials and other hearings
sch 1 item 17 am A2006‑40 amdt 2.98
Particular proceedings
sch 1 item 19 am A2006‑40 amdt 2.99
Contempt of court
sch 1 item 24 am A2006‑40 amdts 2.100-2.102
sub A2006‑55 s 8
Costs
sch 1 item 26 am A2006‑40 amdt 2.103; A2023-37 s 13; pars renum R57 LA
New Magistrates Court (Civil Jurisdiction) Rules 2004
sch 2om LA s 89 (3)
Dictionary
dictam A2005‑60 amdt 1.49; A2008‑36 amdts 1.217-1.219; A2011‑22 amdt 1.117; A2012‑21 amdt 3.33; A2015‑10 s 26; A2023-37 s 14
def Aboriginal and Torres Strait Islander children and young people commissioner ins A2022‑25 amdt 1.74
def Aboriginal or Torres Strait Islander child or young person ins A2022‑25 amdt 1.74
def Aboriginal or Torres Strait Islander person ins A2022‑25 amdt 1.74
def care and protection chapters ins A2013‑19 amdt 3.62
def chief executive officer ins A2023-42 s 33
def child ins A2008‑19 amdt 1.16
def daily care responsibility ins A2013‑19 amdt 3.62
def director‑general ins A2013‑19 amdt 3.62
def examination ins A2005‑60 amdt 1.50
om R10 LA
def firearm sub A2008‑25 amdt 2.2
def inferior court ins A2005‑60 amdt 1.50
om R10 LA
def judicial authority ins A2005‑60 amdt 1.50
om R10 LA
def long-term care responsibility ins A2013‑19 amdt 3.62
def master om A2015‑10 s 27
def principal registrar ins A2015‑52 s 21
om A2023-42 s 34
def request ins A2005‑60 amdt 1.50
om R10 LA
def requesting court ins A2005‑60 amdt 1.50
om R10 LA
def reviewable decision ins A2008‑36 amdt 1.220
def tribunal om A2009‑20 amdt 3.50
def victim ins A2013‑19 amdt 3.62
def young person ins A2008‑19 amdt 1.16
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
10 Jan 200510 Jan 2005–
10 Jan 2005A2004‑60 new Act and amendments by A2004‑60 R2*
11 Jan 200511 Jan 2005–
24 Mar 2005A2004‑60 commenced expiry R3
25 Mar 200525 Mar 2005–
1 June 2005A2005‑13 amendments by A2005‑13 R4
2 June 20052 June 2005–
21 Dec 2005A2005‑20 amendments by A2005‑20 R5
22 Dec 200522 Dec 2005–
10 Jan 2006A2005‑60 amendments by A2005‑60 R6
11 Jan 200611 Jan 2006–
30 June 2006A2005‑60 amendments by A2005‑60 R7
1 July 20061 July 2006–
1 July 2006A2006‑25 amendments by A2006‑25 R8
2 July 20062 July 2006–
28 Sept 2006A2006‑25 commenced expiry R9
29 Sept 200629 Sept 2006–
18 Oct 2006A2006‑40 amendments by A2006‑40 R10
19 Oct 200619 Oct 2006–
15 Nov 2006A2006‑40 amendments by A2006‑40 R11
16 Nov 200616 Nov 2006–
29 Nov 2006A2006‑42 amendments by A2006‑42 R12
30 Nov 200630 Nov 2006–
18 Dec 2006A2006‑42 amendments by A2006‑42 R13
19 Dec 200619 Dec 2006–
10 Jan 2007A2006‑55 amendments by A2006‑55 R14
11 Jan 200711 Jan 2007–
27 Mar 2007A2006‑55 commenced expiry R15*
28 Mar 200728 Mar 2007–
1 July 2008A2006‑55 amendments by A2006‑38 R16
2 July 20082 July 2008–
28 July 2008A2006‑55 commenced expiry R17
29 July 200829 July 2008–
8 Sept 2008A2008‑25 amendments by A2008‑22 R18
9 Sept 20089 Sept 2008–
19 Oct 2008A2008‑36 amendments by A2008‑20 R19
20 Oct 200820 Oct 2008–
14 Jan 2009A2008‑46 commenced expiry R20
15 Jan 200915 Jan 2009–
1 Feb 2009A2008‑46 amendments by A2008‑25 R21
2 Feb 20092 Feb 2009–
26 Feb 2009A2008‑46 amendments by A2008‑36 R22
27 Feb 200927 Feb 2009–
29 Mar 2009A2008‑46 amendments by A2008‑19 and A2008‑20 R23*
30 Mar 200930 Mar 2009–
3 Sept 2009A2008‑46 amendments by A2008‑46 R24
4 Sept 20094 Sept 2009–
21 Sept 2009A2009‑24 amendments by A2009‑24 R25
22 Sept 200922 Sept 2009–
21 Dec 2009A2009‑24 amendments by A2009‑20 R26
22 Dec 200922 Dec 2009–
30 June 2010A2009‑44 amendments by A2009‑44 R27
1 July 20101 July 2010–
27 Feb 2011A2010‑21 amendments by A2010‑21 R28
28 Feb 201128 Feb 2011–
28 Feb 2011A2011‑4 expiry of transitional provisions (pt 13) R29
1 Mar 20111 Mar 2011–
9 Mar 2011A2011‑4 amendments by A2011‑3 R30
10 Mar 201110 Mar 2011–
30 June 2011A2011‑4 amendments by A2011‑4 R31
1 July 20111 July 2011–
24 July 2011A2011‑22 amendments by A2011‑22 R32*
25 July 201125 July 2011–
29 Feb 2012A2011‑22 amendments by A2011‑13 R33
1 Mar 20121 Mar 2012–
11 Apr 2012A2011‑48 amendments by A2011‑48 R34
12 Apr 201212 Apr 2012–
4 June 2012A2012‑13 amendments by A2012‑13 R35
5 June 20125 June 2012–
12 Sept 2012A2012‑21 amendments by A2012‑21 R36*
13 Sept 201213 Sept 2012–
13 June 2013A2012‑20 amendments by A2012‑20 R37
14 June 201314 June 2013–
7 Nov 2013A2013‑19 amendments by A2013‑19 R38
8 Nov 20138 Nov 2013–
20 Apr 2015A2013-43 amendments by A2013-43 R39
21 Apr 201521 Apr 2015–
20 May 2015A2015-10 amendments by A2015-10 R40
21 May 201521 May 2015–
9 Dec 2015A2015-11 amendments by A2015-11 R41
10 Dec 201510 Dec 2015–
29 Feb 2016A2015-52 amendments by A2015-52 R42
1 Mar 20161 Mar 2016–
6 Apr 2016A2015-52 amendments by A2015‑38 R43
7 Apr 20167 Apr 2016–
3 May 2016A2015-52 amendments by A2015-52 R44
4 May 20164 May 2016–
15 June 2016A2015‑52 amendments by A2015-40 R45
16 June 201616 June 2016–
28 June 2016A2016‑28 amendments by A2016‑28 R46
29 June 201629 June 2016–
31 Jan 2017A2016‑37 amendments by A2016‑37 R47
1 Feb 20171 Feb 2017–
30 Apr 2017A2016‑37 amendments by A2015‑1 as amended by A2015‑52 R48
1 May 20171 May 2017–
15 Nov 2017A2017-10 amendments by A2016-42 and A2017-10 R49
16 Nov 201716 Nov 2017–
4 Dec 2018A2017‑38 amendments by A2017‑38 R50
5 Dec 20185 Dec 2018–
12 Mar 2019A2018‑46 amendments by A2018‑46 R51
13 Mar 201913 Mar 2019–
13 May 2020A2018‑46 amendments by A2018-39 R52
14 May 202014 May 2020–
26 Feb 2021A2020‑14 amendments by A2020‑14 R53
27 Feb 202127 Feb 2021–
29 Oct 2022A2020‑42 amendments by A2020‑42 R54
30 Oct 202230 Oct 2022–
14 Dec 2022A2020‑42 expiry of provision (s 74LA) R55
15 Dec 202215 Dec 2022–
12 Sept 2023A2022‑25 amendments by A2022‑25 R56
13 Sept 202313 Sept 2023–
29 Sept 2023A2023‑33 amendments by A2023‑33 R57
30 Sept 202330 Sept 2023–
8 Nov 2023A2023‑37 amendments by A2023‑37 R58
9 Nov 20239 Nov 2023–
17 Sept 2024A2023‑42 amendments by A2023‑42 R59
18 Sept 202418 Sept 2024–
18 June 2025A2024‑49 amendments by A2024‑49 R60
19 June 202519 June 2025–
30 June 2025A2024‑49 amendments by A2024-27
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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