Court Procedures Amendment Rules 2025 (No 1) (ACT)
Court Procedures Amendment Rules 2025 (No 1)
Subordinate Law SL2025-10
We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 27 June 2025.
| LUCY MCCALLUM | LORRAINE WALKER |
| Chief Justice | Chief Magistrate |
| DAVID MOSSOP | IAN TEMBY |
| Judge | Magistrate |
Court Procedures Amendment Rules 2025 (No 1)
Subordinate Law SL2025-10
made under the
Court Procedures Act 2004
Contents
Page
1 Name of rules 1
2 Commencement 1
3 Legislation amended 1
4 Rule 1701 (2), except notes 1
5 Rule 4000B (1) (b) (i) 1
6 Rule 4000C (1), note 1
7 Rule 4000D (3) 1
8 Rule 4000D (3) (a) 2
9 Rule 4000D (3) (b) 2
10 Rule 4000D (5) (c), except note 2
11 New part 5.1A 2
12 Rules 5537 and 5538 7
13 Rule 6251 (3) (j), new dot point 7
14 Schedule 4, part 4.2 8
15 Schedule 5, part 5.1, items 63 and 64 15
16 Schedule 5, part 5.1, item 106 15
17 Dictionary, new definitions 15
Name of rules
These rules are the Court Procedures Amendment Rules 2025 (No 1).
Commencement
These rules commence on 1 July 2025.
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 1701 (2), except notes
substitute
(2)Unless the court otherwise orders, the award of costs for an application, or another interlocutory order, in a proceeding must not be assessed until the proceeding ends.
Rule 4000B (1) (b) (i)
substitute
(i)each other party to the proceeding; and
Rule 4000C (1), note
omit
Rule 4000D (3)
after
served
insert
on
Rule 4000D (3) (a)
omit
on
Rule 4000D (3) (b)
substitute
(b)each other party to the proceeding.
Rule 4000D (5) (c), except note
substitute
(c)serve a stamped copy of the notice on each other party to the proceeding.
New part 5.1A
insert
Part 5.1ACriminal appellate proceedings—representation
Definitions—pt 5.1A
In this part:
criminal appellate proceeding means an appellate proceeding in relation to an acquittal, conviction or sentence.
relevant party in a criminal appellate proceeding, means—
(a)for a criminal appellate proceeding in relation to an acquittal—the person who was acquitted; and
(b)for a criminal appellate proceeding in relation to a conviction—the person against whom the conviction was recorded; and
(c)for a criminal appellate proceeding in relation to a sentence—the person on whom the sentence was imposed.
Criminal appellate proceedings—notice of solicitor acting
(1)If a solicitor is acting for a relevant party in a criminal appellate proceeding, the solicitor must, as soon as practicable, but not later than 14 days after the day the solicitor begins acting—
(a)file with the court a notice that the solicitor is acting for the relevant party; and
(b)serve a stamped copy of the notice on—
(i)each other party to the proceeding; and
(ii)any solicitor who was acting for the relevant party.
NoteSee approved form 5.1A (Criminal appellate proceeding—notice of solicitor acting) AF2025-10.
(2)A notice under subrule (1) must include an address for service.
(3)If a solicitor acts for 2 or more relevant parties in the same criminal appellate proceeding, the solicitor may file a single notice under subrule (1) that lists all the people the solicitor acts for in the proceeding.
(4)To remove any doubt, a relevant party may, at any stage of a criminal appellate proceeding and without an order being made by the court, instruct another solicitor to act for them in place of the solicitor who is on the record for them in the proceeding.
(5)If a solicitor files and serves a notice under subrule (1), the solicitor is taken to act for the relevant party until—
(a)another solicitor—
(i)files a notice under subrule (1) (a); and
(ii)serves a stamped copy of the notice in accordance with subrule (1) (b); or
(b)the solicitor files a notice under rule 5004 and serves a stamped copy of the notice in accordance with that rule; or
(c)the solicitor is given leave to withdraw under rule 5005, and complies with rule 5005 (5); or
(d)the court makes an order under rule 5006 that the solicitor’s name be removed from the record; or
(e)the solicitor’s name is removed from the local roll under the Legal Profession Act 2006; or
(f)a solicitor’s local practising certificate under the Legal Profession Act 2006 is cancelled or suspended.
Criminal appellate proceedings—solicitor’s instructions to act for relevant party ended
(1)This rule applies if—
(a)a solicitor is on the record for a relevant party in a criminal appellate proceeding; and
(b)the solicitor’s instructions to act for the party are ended before—
(i)for an application for leave to appeal under this chapter—the application is decided; or
(ii)for an appeal under this chapter—judgment is given in the appeal.
(2)The solicitor must—
(a)file a notice stating that the solicitor is no longer acting for the relevant party; and
(b)serve a stamped copy of the notice on each party to the proceeding (including the relevant party).
NoteSee approved form 5.1B (Criminal appellate proceeding—notice of solicitor no longer acting) AF2025-11.
(3)The solicitor must file and serve the notice as soon as practicable, but not later than 14 days after the day the solicitor’s instructions are ended.
Criminal appellate proceedings—solicitor wants to withdraw from acting for relevant party
(1)This rule applies if—
(a)a solicitor is on the record for a relevant party in a criminal appellate proceeding; and
(b)the solicitor no longer wants to act for the relevant party in relation to the proceeding.
(2)The solicitor may withdraw from acting for the relevant party only with the court’s leave.
NotePt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
(3)The application must be made in writing and—
(a)state the name of the solicitor making the application; and
(b)state briefly the order sought.
(4)A stamped copy of the application must be served on—
(a)the relevant party—
(i)personally; or
(ii)by registered letter addressed to the party’s last-known address; or
(iii)if the court orders another way of service—as ordered; and
(b)each other party to the proceeding.
(5)If the court gives the solicitor leave to withdraw, the solicitor must—
(a)file a notice of withdrawal; and
NoteSee approved form 5.1C (Criminal appellate proceeding—notice of withdrawal of solicitor) AF2025-12.
(b)serve a stamped copy of the notice on the relevant party—
(i)personally; or
(ii)by registered letter addressed to the party’s last-known address; or
(iii)if the court orders another way of service—as ordered; and
(c)serve a stamped copy of the notice on each other party to the proceeding.
Criminal appellate proceedings—removal of solicitor by court
(1)This rule applies if—
(a)a solicitor is on the record for a relevant party in a criminal appellate proceeding; and
(b)the solicitor—
(i)loses the capacity to act as the solicitor for the relevant party; or
(ii)cannot be found; and
(c)the solicitor does not file a notice that they are no longer acting for the relevant party; and
(d)another solicitor does not file a notice of solicitor acting under rule 5003.
(2)The relevant party may apply to the court for the removal of the solicitor’s name from the record.
NotePt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
(3)On application under subrule (2), the court may order that the solicitor’s name be removed from the record.
Criminal appellate proceedings—solicitor removed from roll etc
(1)This rule applies if—
(a)a solicitor’s name is removed from the local roll under the Legal Profession Act 2006; or
(b)a solicitor’s local practising certificate under the Legal Profession Act 2006 is cancelled or suspended.
(2)A copy of all processes and other documents to be served in a criminal appellate proceeding in which the solicitor is a solicitor on the record must be served on—
(a)if a receiver is appointed under the Legal Profession Act 2006 for the solicitor’s practice—the receiver; or
(b)if a receiver is not appointed—the relevant party’s home or business address until another solicitor is appointed.
Rules 5537 and 5538
omit
Rule 6251 (3) (j), new dot point
insert
·section 28 (Power of court to amend information) if the amendment is consented to or not opposed
Schedule 4, part 4.2
substitute
Part 4.2Scale of costs—items
| column 1 item | column 2 matter in relation to which charge is made | column 3 charge ($) | |
| Division 4.2.1 Instructions | |||
| 1 | to sue or defend, to appeal or oppose an appeal | 220.70 | |
| 2 | for statement of claim, petition, special case or counterclaim | 220.70 | |
| 3 | for defence | 188.90 | |
| 4 | for— (a) a reply; or (b) amending a pleading; or (c) a notice claiming contribution or indemnity; or (d) a document to be brought into the registrar’s office (for example, an account or deed); or (e) adding parties by order; or (f) a bond or other deed; or (g) retaining counsel, including preparing retainer | 78.80 | |
| 5 | for— (a) a pleading not otherwise provided for; or (b) interrogatories for the examination of a party or witness; or (c) an affidavit in answer to interrogatories or other special affidavit; or (d) disclosure or a list of documents; or (e) an application for an order that a matter be heard before the Full Court; or (f) a brief on application in chambers | 157.60 | |
| 6 | for— (a) an application whether in court, before the registrar or in chambers; or (b) opposition to an application; or (c) the assessment of a bill of costs | 157.60 | |
| 7 | for brief to advise on evidence | 141.90 | |
| 8 | for— (a) a statement of facts in an action; or (b) a request for particulars; or (c) particulars | 157.60 | |
| 9 | for brief in preparation for trial | the amount the registrar considers appropriate | |
| Division 4.2.2 Drawing | |||
| 10 | for an originating process or counterclaim | 164.70 | or, if longer than 700 words, 23.40 per 100 words |
| 11 | for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading | 110.40 | or, if longer than 400 words, 23.40 per 100 words |
| 12 | for— (a) a notice of an application in a proceeding; or (b) a notice to produce documents; or (c) a notice to admit facts; or (d) a special case; or (e) interrogatories; or (f) a special affidavit; or (g) a brief (including observations) | 101.00 | or, if longer than 400 words, 23.40 per 100 words |
| 13 | a formal affidavit, including an affidavit of service | 55.40 | |
| 14 | any other document | 43.80 | or, if longer than 100 words, 25.90 per 100 words |
| Division 4.2.3 Engrossing | |||
| 15 | of a document | 6.90 | per 100 words |
| Division 4.2.4 Copies | |||
| 16 | of any document, or of multiple documents copied at the same time— (a) for each of the first 10 copies; or (b) for each additional copy up to 100 copies; or (c) for each additional copy over 100 copies | 4.40 2.00 0.70 | per page per page per page |
| Division 4.2.5 Perusal | |||
| 17 | of— (a) an originating process; or (b) a pleading; or (c) an application in a proceeding; or (d) interrogatories; or (e) a special case; or (f) a notice to admit | 77.70 | or, if longer than 800 words, 8.80 per 100 words |
| 18 | of any other document, if it is necessary to peruse | 8.80 | per 100 words |
| 19 | of a document by scanning it, if it is not necessary to peruse | 8.60 | or, if the document has more than 10 pages, the additional amount the registrar considers appropriate |
| Division 4.2.6 Attendances | |||
| 20 | for personal service, if necessary, of 1 or more documents at the same time | 117.90 | |
| 21 | for service of 1 or more documents at the same time— (a) at the office of a solicitor on the record or the address for service of a party; or (b) by post; or (c) made through a document exchange | 47.70 | |
| 22 | by attendance (including travel and waiting time)— (a) by a solicitor; or (b) by a clerk | 42.40 17.70 | per 6 minutes per 6 minutes |
| 23 | at the registry or other office or place for— (a) filing, delivering, or collecting a document; or (b) a purpose not involving the exercise of legal skill or knowledge | 39.30 | |
| 24 | formal telephone attendance | 39.30 | |
| 25 | telephone attendance leaving message only | 19.50 | |
| 26 | if the registrar is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that— (a) a solicitor has been necessarily absent from the place where the solicitor carries on practice; or (b) a clerk has attended in place of the solicitor | an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the solicitor is absent, of not more than 1 838.70 an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the clerk is absent, of not more than 472.30 | |
| Division 4.2.7 Letters | |||
| 27 | ordinary letter | 54.80 | or 26.60 per 100 words |
| 28 | special letter | 91.00 | or 26.60 per 100 words |
| 29 | formal letter—short letter, without legal content | 26.50 | |
| 30 | circular letters after the first | 12.10 | |
| 31 | fax copy, including attendance to send | 62.10 | |
| 32 | receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement) | 16.30 | |
| 33 | receiving, printing and filing incoming letter received by email | 17.90 | |
| 34 | printing any attachment to an email, or multiple attachments to an email printed at the same time— (a) for each of the first 10 pages; or (b) for each additional page up to 100 copies; or (c) for each additional page over 100 copies | 4.40 2.00 0.70 | per page per page per page |
| Division 4.2.8 Witness expenses | |||
| 35 | a witness called because of the witness’s professional, scientific or other special skill or knowledge | 1 544.80 | per day |
| 36 | a witness called other than because of the witness’s professional, scientific or other special skill or knowledge | 162.60 | per day |
| 37 | a witness paid in the witness’s occupation by wages, salary or fees | the amount lost by attendance at court | |
| 38 | a witness qualifying to give skilled evidence | the additional amount the registrar considers reasonable and properly incurred and paid | |
| 39 | if the witness lives more than 50km from the court | the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals | |
| 40 | attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing | the amount the registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses) | |
| Division 4.2.9 Disbursements | |||
| 41 | all court fees, counsel’s fees and other fees and payments | allowed to the extent that they have been properly and reasonably incurred and paid | |
Schedule 5, part 5.1, items 63 and 64
omit
Schedule 5, part 5.1, item 106
omit
Dictionary, new definitions
insert
criminal appellate proceeding, for part 5.1A (Criminal appellate proceedings—representation)—see rule 5002.
relevant party, to a criminal appellate proceeding, for part 5.1A (Criminal appellate proceedings—representation)—see rule 5002.
Endnotes
Notification
Notified under the Legislation Act on 30 June 2025.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2025
0
0
0