Court Procedures Amendment Rules 2023 (No 2) (ACT)

Court Procedures Amendment Rules 2023 (No 2)

Subordinate Law SL2023-36

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

Dated 13 December 2023.

LUCY MCCALLUM	LORRAINE WALKER
Chief Justice	Chief Magistrate
DAVID MOSSOP	IAN TEMBY
Judge	Magistrate

Court Procedures Amendment Rules 2023 (No 2)

Subordinate Law SL2023-36

made under the

Court Procedures Act 2004

Contents

Page

1            Name of rules  1
2            Commencement  1
3            Legislation amended  1
4            Rule 50 (2)  1
5            Rule 50 (2), note 4  1
6            Rule 50 (3)  1
7           Rule 54  2
8            Rule 70  2
9            Rule 71 (2)  2
10          Rule 102 (4)  2
11          Rule 104 (3)  3
12          Rule 303 (2)  3
13          Rule 303 (2), note 4  3
14          Rule 303 (3)  3
15          Rule 307  3
16          Rule 308 (1) and (2)  4
17          Rule 467 (3)  4
18          New rule 480 (3A)  4
19          Rule 481 (4)  4
20          Rule 768 (2)  5
21          Rule 1312 (1)  5
22          New rule 1312 (1A)  5
23          Rule 2053 (1) (a)  5
24          Rule 2053 (1) (b) and (c)  6
25          Rule 2053 (2) (a)  6
26          Rule 2053 (2) (b) and (c)  6
27          Rule 2334 (2)  6
28          Rule 2356 (2)  7
29          Rule 2554 (3)  7
30          Rule 2749 (4)  7
31          Rule 3608 (3)  8
32          Rule 3621 (3)  8
33          Rule 5015  8
34          Rule 5073  8
35          Rule 5084  9
36          Rule 5101 (2) (b)  9
37          Rule 5104  9
38          Rule 5105 (2)  9
39          Rule 5133 (1) (b)  10
40          Rule 5313  10
41          Rule 5334  10
42          Rule 5403 (3) (b)  10
43          Rule 5406  11
44          Rule 5407 (2)  11
45          Rule 5507  11
46          Rule 5606 (5) (b)  11
47          Rule 5802 (2) (b)  12
48          Rule 5807 (1)  12
49          Rule 5808  12
50          Rule 5832 (2) (b)  12
51          Rule 5835  13
52          Rule 5855 (5), definition of required number  13
53          Rule 5856 (5), definition of required number  13
54          Rule 5857 (2)  13
55          Rule 5857 (3)  14
56          Rule 6104  14
57          Rule 6106 (4)  14
58          Rule 6120 (1) (b)  14
59          Rule 6121 (d)  14
60          Rule 6121 (e)  15
61          Rule 6124 (1)  15
62          Rule 6124 (5)  15
63          Rule 6124 (9)  15
64          Rule 6126 (4) (b)  15
65          Division 6.3.2A heading  16
66          Rule 6131 (2)  16
67          Rule 6131 (as amended)  16
68          Rule 6132 (1) (a)  16
69          Rule 6132 (as amended)  16
70          New rules 6133 and 6134  16
71          Rule 6143 (1) (b)  18
72          Rule 6145 (3)  18
73          New rule 6304 (1A)  18
74          Rule 6462 (4)  19
75          Dictionary, note 2  19
76          Dictionary, definition of address for service, paragraph (a)                  19
77          Dictionary, definition of electronic lodgment facility  20
78          Dictionary, definition of filed electronically  20

Name of rules
These rules are the Court Procedures Amendment Rules 2023 (No 2).
Commencement
These rules commence on 1 January 2024.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
These rules amend the Court Procedures Rules 2006.
Rule 50 (2)
omit
attached to
substitute
filed with
Rule 50 (2), note 4
omit
Rule 50 (3)
omit
attached
substitute
accompanying
Rule 54
omit
attached
substitute
accompanying
Rule 70
omit
the original and filed copies of an
substitute
an originating process and any filed copies of the
Rule 71 (2)
omit
original
substitute
originating process
Rule 102 (4)
omit
original and filed copies of the notice of intention to respond or defence
substitute
notice of intention to respond or defence and any filed copies of the notice or defence
Rule 104 (3)
omit
original and
substitute
further defence and any
Rule 303 (2)
omit
attached to
substitute
filed with
Rule 303 (2), note 4
omit
Rule 303 (3)
omit
attached
substitute
accompanying
Rule 307
omit
the original and filed copies of a
substitute
a third-party notice and any filed copies of the
Rule 308 (1) and (2)
omit
attached
substitute
accompanying
Rule 467 (3)
omit
original and filed copies of the further answer to the counterclaim
substitute
further answer to the counterclaim and any filed copies of the further answer
New rule 480 (3A)
insert
(3A)The registrar must seal the reply and any filed copies of the reply.
Rule 481 (4)
omit
original and
substitute
further reply and any
Rule 768 (2)
substitute
(2)In this rule:
address for service means—
(a)    if the receiver has a home or place of business in the ACT—
(i)    the receiver’s home or business address; and
(ii)    an email address; or
(b)    in any other case—
(i)    the address of a place in the ACT; and
(ii)    an email address.
Rule 1312 (1)
omit
bound or stapled together
New rule 1312 (1A)
insert
(1A)If the court book is in paper form, the court book must be bound or stapled together.
Rule 2053 (1) (a)
omit
attach to a copy of the order
substitute
prepare
Rule 2053 (1) (b) and (c)
omit
attached
Rule 2053 (2) (a)
omit
attach to a copy of the order
substitute
prepare
Rule 2053 (2) (b) and (c)
omit
attached
Rule 2334 (2)
substitute
(2)The enforcement creditor must serve a sealed copy of the order—
(a)on the financial institution—
(i)personally; or
(ii)by pre-paid post; or
(iii)by email; and
(b)on the enforcement debtor—
(i)personally; or
(ii)by pre-paid post; or
(iii)if the enforcement debtor’s address for service includes an email address—by email.
Rule 2356 (2)
substitute
(2)The enforcement creditor must serve a sealed copy of the order—
(a)on the enforcement debtor’s employer—
(i)personally; or
(ii)by pre-paid post; and
(b)on the enforcement debtor—
(i)personally; or
(ii)by pre-paid post; or
(iii)if the enforcement debtor’s address for service includes an email address—by email.
Rule 2554 (3)
omit
fax
substitute
faxed or emailed
Rule 2749 (4)
substitute
(4)The notice may be served on a beneficiary by sending a copy of the notice—
(a)by pre-paid post, addressed to the beneficiary, at the beneficiary’s address last known to the executor, administrator or trustee; or
(b)if the beneficiary has an address for service—to the beneficiary’s address for service.
Rule 3608 (3)
omit
The applicant
substitute
If the application is filed in paper form, the applicant
Rule 3621 (3)
omit
Rule 5015
omit
the original and filed copies of a notice of appeal
substitute
a notice of appeal and any filed copies of the notice
Rule 5073
omit
the original and filed copies of an application for leave to appeal
substitute
an application for leave to appeal and any filed copies of the application
Rule 5084
omit
the original and filed copies of an application for leave to appeal out of time
substitute
an application for leave to appeal out of time and any filed copies of the application
Rule 5101 (2) (b)
omit
be attached to
substitute
accompany
Rule 5104
omit
the original and filed copies of the notice of appeal
substitute
a notice of appeal and any filed copies of the notice
Rule 5105 (2)
omit
original
substitute
notice of appeal
Rule 5133 (1) (b)
substitute
(b)clear and legible; and
(c)if filed in paper form—securely fastened but need not be bound.
Rule 5313
omit
the original and filed copies of an application for leave to appeal
substitute
an application for leave to appeal and any filed copies of the application
Rule 5334
omit
the original and filed copies of an application for leave to appeal out of time
substitute
an application for leave to appeal out of time and any filed copies of the application
Rule 5403 (3) (b)
omit
be attached to
substitute
accompany
Rule 5406
omit
the original and filed copies of the notice of appeal
substitute
a notice of appeal and any filed copies of the notice
Rule 5407 (2)
omit
original
substitute
notice of appeal
Rule 5507
omit
the original and
substitute
the application and any
Rule 5606 (5) (b)
omit
3 stamped copies
substitute
a stamped copy
Rule 5802 (2) (b)
omit
have attached
substitute
be accompanied by
Rule 5807 (1)
omit
have attached
substitute
be accompanied by
Rule 5808
omit
attached to
substitute
accompanying
Rule 5832 (2) (b)
omit
have attached
substitute
be accompanied by
Rule 5835
omit
attached to
substitute
accompanying
Rule 5855 (5), definition of required number
substitute
required number means—
(a) if the application is filed in electronic form—1; or
(b) if the application is filed in paper form—
(i)for an application to the Court of Appeal—4; or
(ii)for an application to the Supreme Court—1.
Rule 5856 (5), definition of required number
substitute
required number—see rule 5855 (5).
Rule 5857 (2)
omit
be attached to
substitute
accompany
Rule 5857 (3)
substitute
(3)A written case must be—
(a)clear and legible; and
(b)if filed in paper form—securely fastened but need not be bound.
Rule 6104
omit
fax or other
Rule 6106 (4)
after
subrule (1)
insert
and (2)
Rule 6120 (1) (b)
before
required
insert
service is
Rule 6121 (d)
omit
if filing a document of that kind electronically in the court is allowed under a practice note—
Rule 6121 (e)
omit
in the absence of a practice note under paragraph (d)—with the registrar’s leave,
Rule 6124 (1)
omit
court website
substitute
electronic lodgment facility
Rule 6124 (5)
omit
Rule 6124 (9)
omit
court website
substitute
electronic lodgment facility
Rule 6126 (4) (b)
omit
court website
substitute
electronic lodgment facility
Division 6.3.2A heading
omit
Rule 6131 (2)
substitute
(2)The signature of the registrar, and the seal or stamp of the court, may be affixed to the document electronically.
Rule 6131 (as amended)
relocate as rule 6304A
Rule 6132 (1) (a)
omit
court website
substitute
electronic lodgment facility
Rule 6132 (as amended)
relocate as rule 6304B
New rules 6133 and 6134
in division 6.3.2, insert
Conversion of documents in paper form to electronic form
(1)This rule applies to a document filed in the court in a proceeding by filing a paper form of the document.
(2)The registrar may convert the document to an electronic form and record the document in the electronic lodgment facility as if it had been filed electronically.
(3)If a document is recorded in the electronic lodgment facility under subrule (2), the court must keep the paper form of the document—
(a)for 90 days after the day the document was filed; and
(b)until the earlier of—
(i)the day the document is collected; and
(ii)the period mentioned in subrule (4).
(4)The person who filed the paper form of the document may collect it from the court within 30 days after the period mentioned in subrule (3) (a) ends.
(5)If the paper form of the document is not collected within the period mentioned in subrule (4), the registrar may destroy the document.
(6)If the paper form of the document is collected within the period mentioned in subrule (4), the person who filed it must, unless the registrar approves the destruction of the document, keep the document until the later of the following:
(a)2 years after the date of judgment or final order in the proceeding;
(b)2 years after a notice of discontinuance is filed in the proceeding;
(c)2 years after any appeal in the proceeding is determined;
(d)2 years after the date the document was filed.
(7)The court may direct the person to produce the paper form of the document during the time the document is required to be kept.
Official record of the court
(1)A document held by the court in electronic form is the official record if the document—
(a)is filed, or issued by the court, electronically, and kept by the court in electronic form; or
(b)is filed in paper form and the registrar converts the document to an electronic form.
(2)If an electronic form of a document is not held by the court, the paper form of the document is the official record.
Rule 6143 (1) (b)
before
the registrar
insert
if the document is filed in paper form—
Rule 6145 (3)
substitute
(3)If the registrar records the filing of the document, the registrar must—
(a)if the document is filed in paper form—return any copies of the document filed with the document for sealing or stamping; or
(b)if the document is filed in electronic form—give written notice of the acceptance of the document.
New rule 6304 (1A)
insert
(1A)The registrar may stamp a document filed electronically to indicate that it has been filed if—
(a)the document has been filed by a party; and
(b)a copy of the document must or may be served on another party; but
(c)the document is not required to be sealed under these rules.
Rule 6462 (4)
after
the ACT
insert
, or by email,
Dictionary, note 2
insert
· document
Dictionary, definition of address for service, paragraph (a)
substitute
(a)for a person represented by a solicitor in the proceeding—
(i)if the solicitor has a place of business in the ACT—
(A)the business address; and
(B)an email address; and
(C)if the solicitor gives the court a postbox number at a post office in the ACT—the postbox number; or
(ii)in any other case—
(A)the solicitor’s business address in Australia; and
(B)an email address; and
(C)if the solicitor gives the court a postbox number at a post office in Australia—the postbox number; or
Dictionary, definition of electronic lodgment facility
insert
electronic lodgment facility means an electronic system managed by the court that allows for the electronic lodgment of documents with the court.
Dictionary, definition of filed electronically
omit
court website
substitute
electronic lodgment facility

Endnotes

Notification
Notified under the Legislation Act on 18 December 2023.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023