Land Court Rules 2000
Part 1 Preliminary
1 Short title
These rules may be cited as the Land Court Rules 2000.
2 Commencement
These rules commence on 1 July 2000.
3 Application of rules
(1)These rules, other than parts 6 and 9, apply to proceedings in the Land Court and, with necessary changes, to proceedings in the Land Appeal Court.(2)Part 6 applies only to proceedings in the Land Court.(3)Part 9 applies only to appeals to the Land Appeal Court.(4)In a provision of these rules, a reference to the court is a reference to the court mentioned in subrule (1) that is appropriate in the context of the provision.
4 Application of Uniform Civil Procedure Rules
(1)If these rules do not provide for a matter in relation to a proceeding in the court and the Uniform Civil Procedure Rules 1999 (the uniform rules) would provide for the matter, the uniform rules apply in relation to the matter with necessary changes.(2)For subrule (1), an originating process under these rules is to be treated as if it were a claim under the uniform rules.
5 Definitions
The dictionary in schedule 1 defines particular words used in these rules.
6 Compliance with rules
The court may waive compliance with a rule, or excuse non-compliance with a rule, if the court considers compliance would be likely to cause injustice or unreasonable expense or inconvenience.
Part 2 Starting proceedings
7 Starting proceeding
(1)A proceeding is started by filing an originating process in the registry.(2)An originating process may be filed by facsimile.
8 Content of originating process
An originating process for a proceeding must—(a)comply with any requirements of the Act giving jurisdiction for the proceeding to the court; and(b)identify the respondent; and(c)briefly state the facts, circumstances or other relevant matters on which the proceeding is based; and(d)identify the land, building, watercourse, tenure or licence to which the proceeding relates; and(e)state—(i)the orders or other relief sought in the proceeding; and(ii)the grounds on which the orders or other relief are sought.
9 Contact details and address for service
(1)An applicant or appellant (the person) acting personally must ensure all of the following details are stated on the originating process before it is filed—(a)the person’s residential or business address;(b)the person’s telephone number, if any, or a way of contacting the person by telephone;(c)the person’s facsimile number, if any;(d)the person’s email address, if any.(2)A lawyer or agent acting for the person must ensure all of the following details are stated on the originating process before it is filed—(a)the person’s residential or business address;(b)the name of the lawyer or agent;(c)if the lawyer practises in a firm or the agent conducts or is employed in a business, the name of the firm or business;(d)the address…