Court Procedures Amendment Rules 2005 (No 1) (ACT)

Court Procedures Amendment Rules 2005 (No 1)

Subordinate Law SL2005-13

We, members of the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.

Dated 30 June 2005.

T J Higgins	R Cahill
Chief Justice	Chief Magistrate
K J Crispin	M Somes
President of the Court of Appeal	Magistrate
T Connolly
Judge

Court Procedures Amendment Rules 2005 (No 1)

Subordinate Law SL2005-13

made under the

Court Procedures Act 2004

Contents

Page

Part 1Preliminary

1. Name of rules  1

2. Commencement  1

Part 2Magistrates Court (Civil Jurisdiction) Rules 2004

1. Legislation amended—pt 2  2

2. New section 17A  2

3. New section 22AA  2

4. Section 22A (1) (a)  2

5. Section 187 (6) and (7)  3

6. New section 241A  3

7. Section 418 (1) (a)  3

Part 3Supreme Court Rules 1937

1. Legislation amended—pt 3  4

2. Order 85 rule 2  4

3. Order 86 rule 4 (3)  4

4. Order 86 rules 5 and 6  5

5. Order 86 rule 12 (3)  5

6. Order 86 rule 13  5

7. Order 86 rule 51 (3)  6

8. Order 86 rule 52  6

Part 1Preliminary

1. Name of rules

   These rules are the Court Procedures Amendment Rules 2005 (No 1).

2. Commencement

   These rules commence on the day after their notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2Magistrates Court (Civil Jurisdiction) Rules 2004

1. Legislation amended—pt 2

   This part amends the Magistrates Court (Civil Jurisdiction) Rules 2004.

2. New section 17A

   insert

17AWhen proceeding by claim begins

A proceeding started by claim begins on the day the claim is first filed (whether or not it is renewed under section 35).

1. New section 22AA

   after section 22, insert

22AAWhen proceeding by application begins

A proceeding started by application begins on the day the application is first filed.

1. Section 22A (1) (a)

   omit

   or

   substitute

   and

2. Section 187 (6) and (7)

   omit

   summons

   substitute

   subpoena

3. New section 241A

   insert

241AWhen interpleader proceeding begins

An interpleader proceeding begins on the day the application mentioned in section 240 (1) (Interpleader by defendant) or section 241 (1) (Interpleader by bailiff) is first filed.

1. Section 418 (1) (a)

   omit

   or

   substitute

   and

Part 3Supreme Court Rules 1937

1. Legislation amended—pt 3

   This part amends the Supreme Court Rules 1937.

2. Order 85 rule 2

   substitute

3. Application for order nisi

   An application for an order nisi must be—

   (a)made orally to the Supreme Court within the time provided by the Magistrates Court Act 1930; and

   (b)made without notice to another party; and

   (c)supported by an affidavit under rule 3.

4. Order 86 rule 4 (3)

   substitute

   (3)The notice of motion must be accompanied by—

   (a)an affidavit showing—

   (i)the nature of the case; and

   (ii)the questions involved; and

   (iii)the reasons why leave should be given; and

   (b)the draft notice of appeal.

5. Order 86 rules 5 and 6

   omit

   affidavit

   substitute

   affidavit and draft notice of appeal

6. Order 86 rule 12 (3)

   substitute

   (3)The notice of motion must be accompanied by—

   (a)an affidavit showing—

   (i)the nature of the case; and

   (ii)the questions involved; and

   (iii)the reasons why leave should be given; and

   (b)the draft notice of appeal.

7. Order 86 rule 13

   omit

   affidavit

   substitute

   affidavit and draft notice of appeal

8. Order 86 rule 51 (3)

   substitute

   (3)The application must be accompanied by—

   (a)an affidavit showing—

   (i)the nature of the case; and

   (ii)the questions involved; and

   (iii)the reasons why leave should be given; and

   (b)the draft notice of appeal.

9. Order 86 rule 52

   omit

   affidavit

   substitute

   affidavit and draft notice of appeal

Endnotes

1. Notification

   Notified under the Legislation Act on 7 July 2005.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2005