Magistrates Court (Civil Jurisdiction) Rules 2004 (ACT)

Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed)   

SL2004-58

made under the

Court Procedures Act 2004

Republication No 7

Effective:  1 January 2007

Republication date: 1 January 2007

Rules expired 1 July 2006 (see Court Procedures Act 2004

A2004-59, s 100), but until 1 January 2007 continued to apply for the purpose of proceedings in the Magistrates Court as if they had not expired (see Court Procedures Rules 2006, SL2006-29, r 7010).

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed), made under the Court Procedures Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 January 2007. 

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 does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

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 Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed)

made under the

Court Procedures Act 2004

Contents

Page

Part 1Preliminary

1. Name of rules  2

2. Dictionary  2

3. Notes  2

4. Application of rules  2

5. Meaning of plaintiff and defendant  3

6. Meaning of lawyer  3

7. Terms defined in Magistrates Court Act  3

8. References to forms by number  4

Part 3Institution of proceedings

1. Lodgment and filing of originating process  5

2. Numbering of proceedings  5

3. Contents of originating process  5

4. Signing of originating process  6

5. Proceedings by claim  6

17A         When proceeding by claim begins  6

1. Form of claim  6

2. More than 1 cause of action  8

3. Division of cause of action  9

4. Abandonment of excess  9

5. Proceedings by application  10

22AA        When proceeding by application begins  12

22A         Originating process struck out after 1 year  12

Part 4Service

1. Service of documents generally  13

2. Service of originating process by post  13

3. Substituted service  14

4. Service on legal practitioner  14

5. Service at address for service  14

6. Address for service  15

7. Time of service  15

8. Proof of service of documents  16

9. Doubtful service  16

10. No need for production of original document  17

11. Waiver of objection to service  17

Part 5Cessation and renewal of claim

1. Cessation of original claim  18

2. Renewal of claim  18

3. Cessation of renewed claim  18

Part 6Defence, judgment by default, confession or agreement, and special defences

Division 6.1           Notice of grounds of defence

1. Filing of notice of grounds of defence  19

2. Form of notice of grounds of defence  19

3. Service of notice of grounds of defence  19

4. Reliance on defence not disclosed  19

Division 6.2           Judgment in default of defence

1. Interlocutory judgment by default on ordinary claim  20

2. Assessment of recoverable amount following interlocutory judgment      21

3. Judgment by default on special claim  22

Division 6.3           Judgment by confession

1. Judgment by confession  23

Division 6.4           Judgment by agreement

1. Judgment by agreement  25

Division 6.5           Special defences

1. Defence of tender before action  27

2. Defence of set-off  27

3. Cross-claim  28

4. Abandonment of excess of cross-claim  28

5. Proceedings on cross-claim  29

6. Trial of cross-claim  29

Part 7Reply

1. Filing of reply  31

2. Form of reply  31

3. Service of reply  31

4. Defence to cross-claim  31

Part 8Third-party procedure

1. Meaning of third party  32

2. Filing of third-party notice  32

3. Service of documents  32

4. Stay of proceedings  33

5. Rights and liabilities of third party  34

6. Procedure on hearing  34

7. Enforcement  35

8. Subsequent joinder of parties  35

9. Separate trials  35

10. Codefendants  35

11. Costs in proceedings if third party joined  36

Part 9Discontinuance and withdrawal

1. Discontinuance  38

2. Withdrawal  38

3. Costs  39

4. Effect of discontinuance  39

Part 10Payment into court

1. How money paid into court  41

2. Payment by defendant  41

3. Form of notice of payment  41

4. Service of notice of payment into court  42

5. Abandonment of cross-claim  42

6. No admission of liability  42

7. Acceptance of amount paid into court  43

8. Effect of acceptance of money paid into court  44

9. Withdrawal of money paid into court  45

10. Order for payment out after acceptance  45

11. Payment of money under defence of tender  46

12. Nondisclosure of payment into court  46

13. Costs if money paid into court  47

14. Money paid into court remaining at judgment  48

15. Lodgment of bond  48

Part 11Persons under disability

1. Capacity as regards proceedings  52

2. Liability for costs  52

3. Entitlement to be next friend or guardian ad litem  52

4. Appointment of next friend  53

5. Appointment of guardian ad litem  54

6. Record of appointee  55

7. Removal of next friend or guardian ad litem  56

8. Admission on pleadings  56

9. Judgment in proceedings if no guardian ad litem appointed                56

10. Compromise before action  57

11. Approval of settlement involving person under disability  58

12. Money recovered by person under disability  58

13. Service on person under disability  60

Part 12Pleadings and particulars

Division 12.1         Pleadings generally

1. Paragraphs in pleadings  62

2. Facts in evidence  62

3. Brevity  62

4. Documents and spoken words  62

5. Presumed facts  63

6. Conditions precedent  63

7. Money claims  63

8. Matters for specific pleading  64

9. Contributory negligence  65

10. New matter  65

11. Departure  65

12. Points of law  65

13. Admissions and traverse  65

14. Joinder of issue  66

15. Striking out of inadequate etc pleading  66

16. General issue abolished  67

Division 12.2         Particulars

1. Sufficient particulars  67

2. Fraud etc  67

3. Condition of mind  68

4. Negligence and breach of statutory duty  68

5. Out-of-pocket expenses etc  68

6. Amount claimed for property damage  69

7. How particulars in pleadings given  69

8. Further and better particulars  69

Part 13Interlocutory matters

Division 13.1         Interlocutory application

1. Interlocutory applications  71

2. Hearing of motion  72

3. Costs on application  73

Division 13.2         Amendment

1. General power of amendment  74

2. Amendment of pleading without leave  74

3. Consequential amendment of defence or reply  74

4. Disallowance of amendment  76

5. Duration of leave  76

6. Direction for mode of amendment  77

7. Simple mode of amendment  77

8. Mode of amendment of fresh document  77

9. Service after amendment  78

10. Statutes of limitation  78

11. Amendment of judgment, order or certificate to correct error               79

12. Costs in relation to amendment  79

Division 13.3         Summary judgment

1. Summary judgment for plaintiff  79

2. Summary stay or dismissal  80

3. Residue of proceedings  80

4. Dismissal for want of prosecution  81

Division 13.4         Parties

1. Joinder of parties generally  81

2. Joint right  82

3. Common liability  82

4. Inconvenient joinder of parties  82

5. Misjoinder and nonjoinder of parties  82

6. Joinder of parties by order  83

7. Removal of parties  83

8. Death, transmission etc  83

9. Further conduct of proceedings  84

10. Failure to proceed after death of party  85

11. Representatives re concurrent interests  85

12. Deceased person  86

13. Executors and administrators  87

Division 13.5         Consolidation

1. Consolidation  88

Division 13.6         Admissions

1. Voluntary admissions  88

2. Notice to admit facts  89

3. Admission of documents discovered  89

4. Judgment on admissions  90

5. Restricted effect of admissions  90

6. Costs  91

Division 13.7         Interrogatories

1. Interrogatories  91

Division 13.8         Discovery and inspection

1. Notice for discovery  94

2. Discovery on notice  94

3. Limitation of discovery on notice  94

4. Codefendants  95

5. Order for general discovery  95

6. Contents of affidavit of discovery  95

7. Absence of privilege  96

8. Order for particular discovery  96

9. Document referred to in pleading or affidavit  97

10. Order for production  97

11. Power to take copies  98

12. Production to court  98

13. Inspection to decide objection  98

14. Order only if necessary  99

15. Default  99

16. Public interest  99

Part 14Hearing

Division 14.1         Setting down for hearing

1. Certificate of readiness for hearing  100

2. Application for expedited hearing  102

Division 14.2         Procedure on hearing

1. Court’s direction in relation to conduct of hearing  103

2. Order of presentation of cases  103

3. Procedure if both parties appear  104

4. Procedure in absence of party  104

5. Procedure if neither party appears  105

Division 14.3         Subpoena to witness

1. Issue of subpoena  105

2. Production by non-party  107

3. Setting aside of subpoena  107

4. Production on notice  107

Division 14.4         Adjournment, stay or postponement of proceedings

1. Adjournment of proceedings  108

2. Stay of proceedings  108

3. Postponement of hearing by registrar  108

Part 15Evidence

Division 15.1         Evidence generally

1. Oral evidence  109

2. Evidence by affidavit  109

3. Examination on oath  109

4. Proof of court documents  110

5. Medical evidence  110

6. Privilege  112

7. Dispensing with rules of evidence  113

Division 15.2         Examinations de bene esse

1. Order for examination of witnesses  113

Division 15.3         Affidavits

1. Time for swearing affidavits  117

2. Form of affidavit  117

3. Irregularity in affidavit  118

4. Filing and service of affidavit  118

5. Cross-examination of deponent  118

6. Contents of affidavits  119

7. Deponents for affidavits answering interrogatories or of discovery       120

8. Affidavit by illiterate or blind person  121

9. Affidavit by person unable to understand English  121

10. Annexures and exhibits to affidavits  122

11. Alterations in affidavits  122

12. Scandalous or offensive matter  123

Part 16Judgment

1. Powers of court on judgment  124

2. Damages to time of assessment in certain cases  124

3. Judgment in actions relating to detention of goods  124

4. Judgment for costs only  126

5. Time for compliance  126

6. Judgment final and conclusive  127

7. Setting aside of judgment or order  127

8. Setting aside of judgment entered irregularly  128

9. Time of effect of judgment or order  128

10. Reservation of judgment or decision  128

11. Minute of judgment  129

12. Formal order for judgment  129

13. Evidence of judgment  129

14. Joint liability  129

15. Setting off of judgments  130

16. Interest up to judgment  131

17. Judgment by default, confession or agreement—interest                  133

18. Judgment for interest only  134

19. Amendment of claim for interest  135

20. Interest on judgments  135

21. Limitation periods  135

22. Payment of judgment debts generally  136

23. Payment of part of judgment debt  136

24. Entry and enforcement of judgment in Supreme Court  137

Part 17Interpleader

1. Meaning of property for pt 17  139

2. Interpleader by defendant  139

3. Interpleader by bailiff  140

241A        When interpleader proceeding begins  141

1. Notice of application for relief  141

2. Interpleader proceedings  141

3. Service of documents  143

4. Adverse titles  143

Part 18Costs

Division 18.1         General

1. Costs in discretion of court or to follow event  144

2. Time for exercise of court’s powers in relation to costs  144

3. Fixing of costs  144

4. Agreement about costs  144

5. Entitlement to taxation  145

6. Costs part of judgment debt  145

7. Court’s power about costs if no jurisdiction  145

8. Power of court to vary entitlement to taxed costs  146

9. Time for payment of costs  146

10. Taxation if judgment subject to appeal etc  146

11. Noncompliance with rules or order  147

12. Liability of solicitor for costs  147

257A        Costs—certain applications under Common Boundaries Act              148

Division 18.2         Particular items

1. Nature of costs to be allowed or disallowed on taxation  148

2. Scale of costs  149

3. Scale of costs for proceedings on cross-claim  151

4. Scale of costs in enforcement proceedings  152

5. Scale of costs in proceedings if there are separate judgments against defendants      152

6. Amount paid to nonlegal representative  153

7. Retainer to legal practitioner  153

8. Brief fees paid to more than 1 barrister  153

9. Refresher fees  153

10. Fees when barrister absent  154

11. Reckoning of 5 hour periods  155

12. Amounts paid to witnesses  155

13. Expenses of preparing plans etc  156

14. Disbursements  156

15. Costs not otherwise provided for  156

Division 18.3         Taxation

1. Filing, and appointment to tax, bill of costs  157

2. Contents of bills of costs  157

3. General powers of registrar on taxation  158

4. Notice of adjournment of taxation proceedings  159

5. Report to court  159

6. Reference to court for directions  159

7. Default of party entitled  160

8. Cross costs  160

9. Certificate of taxed costs  161

10. Review of taxation  161

11. Costs of proceedings before registrar on taxation  162

12. Fee to barrister on taxation proceedings  163

13. Attendance of parties on taxation  163

Division 18.4         Security for costs

1. Security for costs  163

Part 19Enforcement of judgments

Division 19.1         Preliminary

1. Interpretation for pt 19  166

2. Exercise of powers  167

3. Costs  168

4. Court Procedures Act 2004, s 81 not to apply 168

5. Court may exercise powers of registrar  168

Division 19.2         Orders at time of judgment

1. Instalment and garnishee orders  168

2. Order for issue of writ of execution  169

Division 19.3         Examination procedures

1. Notice requiring financial information  170

2. Issue of examination summons  171

3. Content of examination summons  171

4. Service of examination summons  172

5. Examination of judgment debtor  172

6. Orders following examinations  172

7. Report of certain examinations  174

8. Subsequent examinations  174

9. Failure to attend in answer to summons  174

10. Warrants  176

11. Police assistance  177

12. Examination after issue of warrant  177

13. Refusal to be examined  178

14. Registrar may adjourn examination  178

Division 19.4         Instalment orders

1. Instalment orders on application by judgment debtor  178

2. Instalment orders by agreement  180

3. Objection by judgment creditor to instalment order  181

4. Hearing by court  181

5. Service of instalment orders  182

6. Judgment creditor may apply for variation or revocation  183

7. Stay of enforcement of judgment  184

8. Payment to judgment creditor  185

9. Default  185

Division 19.5         Garnishee orders

1. Orders on application to registrar  186

2. Grounds for refusing orders  186

3. Form and effect of orders  186

4. Service of garnishee orders  188

5. Stay of garnishee orders attaching earnings  188

6. Part only of earnings may be attached  189

7. One order attaching earnings to operate at a time  189

8. Limitations on payments under orders attaching earnings                 189

9. Accounts with authorised deposit-taking institutions  189

10. Direct crediting—veterans’ pensions  193

11. Payments by garnishees  194

12. Time for payment  195

13. Notice by garnishee to judgment creditor  195

14. Application to vary or revoke garnishee order  195

15. Application for instalment order  196

16. Determination of application  196

17. Court may order writ of execution to be issued  197

18. No debts due or accruing  198

19. Failure to comply with order  198

20. Lien or claim of third party on debt  199

21. Excess paid by garnishee  200

22. Reduction of attached debt  200

23. Deductions by garnishees  201

24. Judgment debtor ceases employment  202

25. Stay of enforcement of judgment  202

Division 19.6         Execution against personal property

1. Issue of writs of execution  202

2. Leave to issue required in certain circumstances  203

3. Form of writ of execution  204

4. Priority and duration of writs  204

5. Seizure of property for sale  205

6. Seizure of money and things in action  206

7. Entry, search and seizure—bailiff’s powers  206

8. Safekeeping of property seized  208

9. Property seized not abandoned  208

10. Removal of property seized  208

11. Notice of seizure  209

12. Exempt property  209

13. Stay of sale of property seized  209

14. Payment preventing execution  210

15. Suspension of execution by judgment creditor  210

16. Agreements to withdraw and re-enter  211

17. Deposit to cover costs of execution  211

18. Conditions of sale  212

19. Time of sale  213

20. Postponement  213

21. Determining market value  214

22. Judgment debtor may challenge market value  214

23. Sale by public auction  215

24. Sale by private agreement  216

25. Terms about payment  216

26. Sale price to be recorded  217

27. Purchase by bailiffs or auctioneer prohibited  217

28. Auctioneer to account  217

29. Surplus sale proceeds paid to judgment debtor  218

30. Costs of execution  218

31. Payment of amounts raised to registrar  218

32. Proceeds of writ  218

33. Account  219

34. Order for disposal  219

35. Property to be returned to judgment debtor  220

36. Separate execution for costs  220

37. Liability of bailiffs  221

Division 19.7         Miscellaneous

380A        Enforcement of payment directed by Essential Services Consumer Council 221

380B        Keeping of records  221

380C        Service and execution of process  222

380D        Notice of service of process  222

380E        Receipt for money  223

380F         Return on writ  223

380G        Notices  223

380H        Bailiff not to act as agent  224

Part 21Appeals to Supreme Court

1. Application for leave to appeal  225

2. Institution of appeal  225

3. Substituted service of notice of appeal  226

Part 22Small Claims Court

Division 22.1         Preliminary

1. Definitions for pt 22  227

394A        Explanatory material in forms etc  229

1. Application of rules to small claims proceedings  229

Division 22.3         Commencement of proceedings

1. Assistance to members of public  229

2. Originating applications  229

3. Single application for each matter  230

4. Debt declarations  230

5. Interest claims  230

6. Service of originating applications  231

7. Amendments  232

Division 22.4         Pre-conference procedures

1. Application—common boundaries applications  232

2. Response  232

3. Admission of liability  233

4. Admission of liability—payment of money  233

5. Admission of liability—bonds  234

6. Admission of liability—acceptance by applicant  234

7. Contested applications—conferences and inquiries  234

8. Failure to respond  235

Division 22.5         Striking out application

1. Originating applications struck out after 1 year  237

Division 22.6         Conferences

1. Directions for conferences  237

2. Conference objectives  238

3. Variation of conference fixtures  238

4. Representation at conferences  239

5. Persons entitled to be present  239

6. Adjournment  239

7. Consent judgments  239

8. Failure of conciliation—direction for inquiry  240

9. Failure to attend conference  240

Division 22.7         Inquiries

Subdivision 22.7.1 General procedure

1. Directions for inquiries  242

2. Inquiries—constitution of Small Claims Court  242

3. Inquiry procedure  242

4. Investigators  243

5. Giving evidence by oath or affirmation  243

6. Representation at inquiries  244

7. Interlocutory applications  244

8. Adjournment of inquiry  244

9. Transfer of small claims proceedings to general jurisdiction of court     245

10. Transfer of proceedings in general jurisdiction of court to small claims jurisdiction      245

11. Discontinuance  246

12. Failure to appear  246

13. Dismissal for abuse of process  247

14. Restoration of proceedings  248

Subdivision 22.7.2 Witnesses and evidence

1. Subpoena  249

2. Subpoena to produce  250

3. Retention of subpoenaed documents and things  251

4. Witness fees and expenses  251

5. Enforcement of subpoena  252

Subdivision 22.7.3 Judgments

1. Finality of judgments  252

2. Consent judgments  252

3. Form of judgments  253

4. Counterclaims and set-offs  253

5. Interest up to judgment—Small Claims Court  253

1. Interest on judgment debts  254

2. Costs  254

3. Orders to perform work  255

4. Orders to perform work—conditions for payment  255

5. Goods orders  256

6. Trespass  256

7. Debt declarations—orders  256

8. Other orders  256

Subdivision 22.7.4 Enforcement of judgments

1. Application of rules  256

2. Joint liability  257

3. Notice—orders made in person’s absence  257

4. Enforcement of orders by executors and administrators  257

5. Payment of money under judgment  257

Division 22.8         Service of documents

1. Service  258

2. Doubtful service  259

Part 23Miscellaneous

1. Headings of court documents  260

2. Requirements for documents  260

3. Power of court in relation to scandalous etc documents  261

4. Notice of rejection of documents  261

5. Signature of legal practitioner on documents  261

6. Sealing duplicate documents  262

7. Magistrate in chambers  262

8. Chamber business  262

9. Consent orders  263

10. Right of appearance  263

11. Review of decisions of registrar  264

12. Representation by legal practitioner  264

13. Appointment of legal practitioner  264

14. Change of legal practitioner  265

15. Time of effect of change etc of legal practitioner  266

16. Corporations acting in person  267

17. Reckoning of time  268

18. Extension and abridgment of time  268

19. Fixing of times  268

20. Irregularity in proceedings  268

21. Restoration of proceedings struck out  269

22. Certified copies of official records  270

23. Records of default judgments  270

24. Infant plaintiffs  271

Schedule 1272

Dictionary275

Endnotes

1. About the endnotes  279

2. Abbreviation key  279

3. Legislation history  280

4. Amendment history  281

5. Earlier republications  324

Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed)

made under the

Court Procedures Act 2004

Part 1Preliminary

1. Name of rules

   These rules are the Magistrates Court (Civil Jurisdiction) Rules 2004.

2. Dictionary

   The dictionary at the end of these rules is part of these rules.

   Note 1The dictionary at the end of these rules defines certain terms used in these rules, and includes references (signpost definitions) to other terms defined elsewhere in these rules.

   For example, the signpost definition ‘account, for part 19 (Enforcement of judgments)—see section 287.’ means that the term ‘account’ is defined in that section and applies for that part.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire rules unless the definition, or another provision of the rules, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in these rules is explanatory and is not part of these rules.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Application of rules

   These rules do not apply in relation to—

   (a)proceedings under the Domestic Violence and Protection Orders Act 2001; and

   (b)proceedings under the Workers Compensation Act 1951; and

   (c)proceedings on an information for an offence.

5. Meaning of plaintiffand defendant

   (1)In these rules—

   (a)a reference to the plaintiff in a proceeding is, for a proceeding in which there are 2 or more plaintiffs, a reference to any or all of the plaintiffs; and

   (b)a reference to the defendant in a proceeding is, for a proceeding in which there are 2 or more defendants, a reference to any or all of the defendants.

   (2)In these rules—

   (a)a reference to the plaintiff in a proceeding is, in relation to a proceeding begun by filing an application mentioned in section 22, a reference to the applicant in the proceeding; and

   (b)a reference to the defendant in a proceeding is, in relation to a proceeding mentioned in paragraph (a), a reference to the respondent in the proceeding.

6. Meaning of lawyer

   In these rules, a reference to the lawyer (however expressed) for a party to a proceeding includes, in relation to a party whose lawyer has another lawyer acting as his or her agent for the proceeding, a reference to the other lawyer.

7. Terms defined in Magistrates Court Act

   A term defined in the Magistrates Court Act 1930, dictionary has the same meaning in these rules.

8. References to forms by number

   (1)In these rules, other than in part 22 (Small Claims Court), a reference to a form by number is a reference to the form so numbered that—

   (a)is approved under the Court Procedures Act 2004; and

   (b)either—

   (i)was in force under the Magistrates Court (Civil Jurisdiction) Act 1982 immediately before its repeal; or

   (ii)is expressed to be made for these rules or the court in its civil jurisdiction.

   (2)In part 22, a reference to a form by number is a reference to the form so numbered that—

   (a)is approved under the Court Procedures Act 2004; and

   (b)is headed ‘Small Claims Court’ or is otherwise expressed to apply to the Small Claims Court.

Part 3Institution of proceedings

1. Lodgment and filing of originating process

   (1)Originating process shall be lodged with the registrar in duplicate together with the number of copies equal to the number of defendants to be served.

   (2)If the registrar is satisfied that an originating process lodged with the registrar complies with these rules, the registrar must file the original of the process.

   NoteThe Court Procedures Act 2004, s 14 provides that a determined fee is payable in advance in accordance with the determination. The Legislation Act, s 57 (3) (Fees payable in accordance with determination etc) provides that if a fee is payable in relation to a service mentioned in the determination (in this case, for filing the process) and the fee has not been paid in accordance with the determination, no-one is obliged to provide the service (ie the registrar is not obliged to file the process).

2. Numbering of proceedings

   If proceedings are instituted, the registrar shall cause a distinguishing number to be allotted to the proceedings and shall endorse that number on the original of the originating process filed by him or her and on each copy of that process sealed by him or her.

3. Contents of originating process

   Originating process shall specify—

   (a)the full name and the full address of the residence or place of business of the plaintiff; and

   (b)the full name, the full address of the residence or place of business, and the occupation, of the defendant so far as those particulars are known to the plaintiff; and

   (c)if the defendant is a company—the address of the registered office of the company; and

   (d)if the full name of the defendant is not, but the sex of the defendant is, known to the plaintiff—the sex of the defendant; and

   (e)the address for service of the plaintiff; and

   (f)if the plaintiff has a legal practitioner acting for him or her in the proceedings—the name, address and telephone number of the legal practitioner; and

   (g)if the plaintiff’s legal practitioner has another legal practitioner acting as his or her agent for the purpose of the proceedings—the name, address and telephone number of that other legal practitioner.

4. Signing of originating process

   Originating process shall be signed by the plaintiff, by his or her legal practitioner or by his or her agent authorised in writing for the purpose.

5. Proceedings by claim

   Subject to section 22 and part 17, proceedings shall be instituted by filing a claim for issue by the registrar.

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. Form of claim

   (1)A claim shall be—

   (a)for proceedings to recover a debt or liquidated damages—a special claim or an ordinary claim; or

   (b)in any other case—an ordinary claim.

   (2)A reference in subsection (1) (a) to proceedings to recover a debt or liquidated damages includes—

   (a)a reference to proceedings to recover a debt or liquidated damages in which the plaintiff claims interest, whether under section 230 or otherwise; and

   (b)a reference to proceedings to recover damages if the amount claimed can be ascertained by reference to a receipt or statement of account.

   (3)An ordinary claim shall be in accordance with form 2.

   (4)A special claim shall be in accordance with form 3.

   (5)In addition to the particulars required under section 15 to be specified in a claim, a claim shall specify—

   (a)each cause of action in relation to which the proceedings are instituted; and

   (b)the amount of money or the other relief claimed in respect of each such cause of action; and

   (c)the amount mentioned in the Supreme Court Rules 1937, order 3 rule 2 (a), multiplied by the prescribed percentage; and

   (d)if the plaintiff institutes the proceedings in a representative capacity, or the proceedings are instituted against the defendant in a representative capacity—that capacity; and

   (e)if the plaintiff institutes the proceedings as assignee of a debt or other thing in action—the fact that he or she is such an assignee and the name, address and occupation of the assignor; and

   (f)if the proceedings are in respect of the detention of goods—a description and the value of the goods; and

   (g)if the plaintiff claims interest other than under section 230—particulars of the rate or rates at which, the amount or amounts on which and the period or periods for which, interest is claimed; and

   (h)if the plaintiff claims interest under section 230—

   (i)if the claim is for a debt or liquidated damages—a statement that interest is claimed, to be calculated in accordance with section 231 (2) and:

   (A)particulars of the period or periods for which, the rate or rates at which, and the amount or amounts on which, interest is claimed; and

   (B)the amount of interest calculated to have accrued to the date of filing; or

   (ii)in any other case—a statement that interest is claimed.

   (6)A claim of a kind referred to in subsection (2) (b) shall be supported by an affidavit verifying the receipt or statement of account.

2. More than 1 cause of action

   (1)A claim may specify more than 1 cause of action if those causes of action are by and against the same parties, but such a claim shall not be for a total amount in excess of the maximum amount for which the court has jurisdiction (whether the total amount is calculated on a balance of account, after an admitted set-off, on an abandonment or otherwise), and this subsection applies irrespective of any different capacities in which a party sues or is sued.

   (2)If a claim specifies 2 or more causes of action, those causes of action shall, as far as practicable, be stated separately and distinctly.

   (3)If any joinder of causes of action may complicate or delay the hearing of proceedings or is otherwise inconvenient, the court may order separate hearings or make any other order the court thinks just.

3. Division of cause of action

   (1)A cause of action shall not be divided for the purpose of instituting 2 or more proceedings in relation to that cause of action.

   (2)If—

   (a)proceedings have been instituted for the recovery of an amount that is less than the amount for which the plaintiff has a cause of action against the defendant (other than proceedings in which the amount by which the secondmentioned amount exceeds the firstmentioned amount is abandoned under section 21); and

   (b)final judgment has been given or entered in respect of the claim;

   the defendant is entitled to have judgment entered for him or her in any other proceedings instituted in any court in relation to that cause of action.

   (3)Notwithstanding subsections (1) and (2) but otherwise subject to these rules, if, in relation to a cause of action that a person has against another person, that other person has given 2 or more bills of exchange, promissory notes, bonds or other securities, the firstmentioned person may institute proceedings against that other person in respect of each of those bills of exchange, promissory notes, bonds or other securities as if each of them constituted a separate cause of action.

4. Abandonment of excess

   (1)A person who has a cause of action against another person for an amount exceeding $50 000 may institute proceedings in relation to that cause of action in which he or she abandons the excess over $50 000 by stating the abandonment in his or her claim.

   (2)In proceedings referred to in subsection (1)—

   (a)the plaintiff may not recover an amount exceeding $50 000; and

   (b)final judgment in the proceedings shall operate in full discharge of all demands in relation to the cause of action.

   (3)If final judgment is given or entered in proceedings referred to in subsection (1), the entry of the judgment in the records of the court shall record the abandonment.

5. Proceedings by application

   (1)This section has effect in relation to a matter arising under a law in force in the ACT (other than the Magistrates Court Act 1930, chapter 4 and these rules) subject to the provisions of that law.

   (2)If, by any law in force in the ACT (other than the Magistrates Court Act 1930, chapter 4 and these rules), jurisdiction is conferred on the court in respect of a matter arising under that law (other than a matter relating solely to the recovery of money), proceedings in respect of that matter shall be instituted by filing an application.

   (3)An application shall be in accordance with form 4.

   (4)In addition to the particulars required under section 15 to be specified in an application, an application shall—

   (a)specify the place, date and time for the hearing of the application fixed by the registrar at the time of lodgment; and

   (b)state concisely the nature of the order sought by the applicant or particulars of the decision appealed against, as the case may be; and

   (c)state concisely the grounds on which the order is sought, or the grounds of the appeal, as the case may be, or refer to the affidavit in which those grounds are set out; and

   (d)if it is not intended to serve the application on any person—include a statement to that effect.

   (5)An applicant shall, unless the court otherwise orders, serve a copy of the application, together with a copy of any supporting affidavit, on each respondent to the application not later than 14 days before the date fixed for the hearing of the application.

   (6)Subject to subsection (5), a party to an application who intends to rely on an affidavit at the hearing of the application shall file the affidavit, and shall serve a copy of the affidavit on each other party to the proceedings (except a party on whom service of a copy of the application was not required under an order under subsection (5))—

   (a)in sufficient time before the hearing to enable that other party to make and file, and serve a copy of, an affidavit in reply; or

   (b)within the time the court orders.

   (7)A respondent to an application shall—

   (a)in the first affidavit filed by him or her, specify an address for service; or

   (b)if he or she does not file an affidavit—file, and serve on the applicant a copy of, a notice of intention to appear in accordance with form 5.

   (8)On hearing an application, the court may make or refuse to make the order sought by the applicant, and if the court makes an order sought by the applicant, it may make the order—

   (a)absolute in the first instance; or

   (b)to become absolute at a specified time unless before that time, on cause being shown, the court otherwise orders;

   and the court may make the other orders and give the directions that it thinks just.

   (9)Each party to proceedings on an application shall, unless the court otherwise orders, bear his or her own costs in the proceedings, and if the court makes an order for the payment of costs in such proceedings, the court shall direct the scale on which those costs are to be paid by any party.

22AAWhen proceeding by application begins

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

22AOriginating process struck out after 1 year

(1)An originating process is taken to be struck out 1 year after the day it is served if—

(a)notice of grounds of defence has not been filed; and

(b)judgment has not been entered or the matter not otherwise disposed of.

(2)A person whose originating process has been struck out under this section may file a new originating process within 1 year after the day it was struck out, even if the limitation period for the cause of action the subject of the originating process has ended.

Part 4Service

1. Service of documents generally

   Subject to these rules, a document in proceedings may be served—

   (a)by delivering a copy of the document to the party to be served personally; or

   (b)by leaving a copy of the document at the last-known place of residence or business of the party to be served with a person apparently resident or employed at that place and apparently over the age of 16 years.

2. Service of originating process by post

   (1)Subject to subsections (3) and (4), on the plaintiff in proceedings completing an application for postal service in accordance with the form in form 2 or form 3, as the case requires, the registrar may serve originating process by sending a copy of the process by post addressed to the defendant at the address of the defendant specified in the process.

   (2)If originating process is served in accordance with subsection (1), the registrar shall complete a certificate of postal service of the process in accordance with the form in form 2 or form 3, as the case requires.

   (3)Originating process shall not be served in accordance with subsection (1) unless the address of the defendant specified in the process is an address within the ACT.

   (4)In relation to an application referred to in section 22, this section has effect subject to the provisions of the law under which the matter to which the application relates arose.

3. Substituted service

   If it appears to the court that it is not reasonably practicable to serve a document in proceedings in accordance with section 23 or section 24, the court may make an order for substituted or other service of the document (whether by notice by advertisement or otherwise) as the court thinks just.

4. Service on legal practitioner

   (1)Originating process in proceedings may be served on the legal practitioner acting for the defendant endorsing on a copy of the process a statement that he or she accepts service of the process on behalf of the defendant.

   (2)If a party to proceedings has a legal practitioner on the record acting for him or her in the proceedings, a document in the proceedings may be served on that party—

   (a)by delivering a copy of the document to the legal practitioner personally; or

   (b)by leaving a copy of the document at the office of the legal practitioner; or

   (c)by sending a copy of the document by post addressed to the legal practitioner at his or her office; or

   (d)if the legal practitioner has an exchange box at the Canberra Document Exchange—by leaving a copy of the document, in an envelope addressed to the legal practitioner, in that box.

5. Service at address for service

   (1)If the party to proceedings has an address for service, a document in proceedings may be served on that party—

   (a)by leaving a copy of the document at that address; or

   (b)by sending a copy of the document by post addressed to that party at that address.

   (2)If a document is served by the registrar by post in accordance with subsection (1), the registrar shall complete a certificate of postal service in accordance with form 6.

1. Address for service

   (1)A party to proceedings shall, in the first document filed by him or her, specify an address for service.

   (2)Subject to subsection (3), the address for service of a party to proceedings shall be the address of a place within the ACT where documents in the proceedings may, during ordinary business hours, be left for him or her or to which documents in the proceedings may be posted for him or her.

   (3)If a party to proceedings has a legal practitioner on the record acting for him or her in the proceedings, being a legal practitioner who has an office within the ACT, the address for service of that party is the office of that legal practitioner.

   (4)Subject to this section, a party to proceedings may change his or her address for service by filing a notice of change of address for service in accordance with form 7 and serving a copy of that notice on each other party to the proceedings.

2. Time of service

   (1)If a document in proceedings is served in the way referred to in section 23 (b), section 26 (2) (b) or section 27 (1) (a), service shall be deemed to have been effected on the date when the copy was left in accordance with that paragraph.

   (2)If a document in proceedings is served by post in accordance with this part, service shall be deemed to have been effected 2 days after the date of posting unless the contrary is proved.

   (3)If originating process in proceedings is served in accordance with section 26 (1), service shall be deemed to have been effected on the date when the endorsement is made.

   (4)If a document in proceedings is served in the way referred to in section 26 (2) (d), service shall be deemed to have been effected on the day after the date when the document was left in accordance with that paragraph.

3. Proof of service of documents

   Service of a document in proceedings may be proved by the oath of the person who served the document, by affidavit, by production of the completed certificate of postal service or otherwise.

4. Doubtful service

   (1)If—

   (a)a document in proceedings has been served in a way other than that referred to in section 23 (a) or section 26 (2) (a); and

   (b)the court is satisfied that—

   (i)the document did not come to the knowledge of the party served within a reasonable time; or

   (ii)doubt exists whether the document came to the knowledge of the party served within a reasonable time;

   the court, on application by the registrar or a party to the proceedings or on its own initiative, shall not allow any fresh step in the proceedings to be taken against the party served, and the court shall—

   (c)strike out or adjourn the proceedings; or

   (d)order that the document be re-served on that party in the way (if any) specified in the order;

   as the court thinks just, and the court may make any other orders and give any directions that it thinks just.

   (2)If the court is satisfied that—

   (a)it has been impracticable for any reason to effect service of any document in proceedings on a party; and

   (b)reasonable steps have been taken for the purpose of bringing the document to the notice of the party;

   the court may, by order, direct that for the purpose of the proceedings service of that document shall be taken to have been effected on that party on a specified date.

5. No need for production of original document

   When a copy of a document in proceedings is served on a person, it is not necessary for the original of that document to be produced to that person.

6. Waiver of objection to service

   If a party to proceedings files a document in reply, he or she shall be taken to have waived any objection he or she might otherwise have made as regards service on him or her of the document in reply to which the firstmentioned document was filed unless he or she files, with the firstmentioned document, a notice of objection in accordance with form 8 and forthwith serves a copy of that notice on the party who filed the secondmentioned document.

Part 5Cessation and renewal of claim

1. Cessation of original claim

   A claim ceases to be in force 12 months after the date when it was filed unless, within that period of 12 months, the claim has been served or renewed.

2. Renewal of claim

   (1)The plaintiff in proceedings may, at any time while his or her claim remains in force, apply to the court or the registrar for the renewal or further renewal of the claim.

   (2)On an application made under subsection (1), the court or the registrar may, if satisfied that reasonable steps have been taken in an attempt to serve the claim to which the application relates or that there are other circumstances that justify doing so, renew or further renew the claim for any period not exceeding 6 months.

3. Cessation of renewed claim

   If a claim has been renewed under section 35, the claim ceases to be in force at the end of the period for which it was renewed unless, within that period, it has been served or further renewed.

Part 6Defence, judgment by default, confession or agreement, and special defences

Division 6.1               Notice of grounds of defence

1. Filing of notice of grounds of defence

   (1)A defendant in proceedings may, at any time before final judgment is entered in the proceedings, file a notice of grounds of defence.

   (2)A defendant in proceedings shall not, only because of his or her having filed a notice of grounds of defence, be taken to have waived any objection he or she may have on the grounds of want of jurisdiction in the court to hear and determine the proceedings.

2. Form of notice of grounds of defence

   (1)A notice of grounds of defence shall be in accordance with form 9.

   (2)A notice of grounds of defence shall be signed by the defendant, by his or her legal practitioner or by his or her agent authorised in writing for the purpose.

3. Service of notice of grounds of defence

   A notice of grounds of defence shall be served on the plaintiff by the registrar.

4. Reliance on defence not disclosed

   (1)A defendant in proceedings is not, except with the consent of the plaintiff or with the leave of the court, entitled, at the hearing of the proceedings, to rely on a ground of defence not specified in a notice of grounds of defence filed by him or her.

   (2)Leave for subsection (1) may be granted on the terms (if any) that the court thinks just.

Division 6.2               Judgment in default of defence

1. Interlocutory judgment by default on ordinary claim

   (1)If, in proceedings instituted by the filing of an ordinary claim—

   (a)a period of 21 days has expired after the date of service of the claim; and

   (b)the plaintiff has filed an affidavit of service of the claim or a certificate of postal service of the claim has been filed; and

   (c)the defendant has not filed a notice of grounds of defence; and

   (d)judgment has not been given or entered in the proceedings;

   the registrar shall, on the application of the plaintiff in accordance with form 10 made within 12 months after the end of the period referred to in paragraph (a), enter interlocutory judgment in accordance with form 11 for the plaintiff against the defendant.

   (2)Subject to subsection (3), where interlocutory judgment has been entered under subsection (1) against a defendant in proceedings—

   (a)the defendant shall be deemed to have admitted liability to the plaintiff in respect of the cause of action to which the proceedings relate; and

   (b)the proceedings shall be continued in relation to that defendant only for the purpose of the assessment of the amount to be recovered by the plaintiff.

   (3)Interlocutory judgment entered in proceedings under subsection (1)—

   (a)may, on sufficient cause being shown, be set aside by the court at any time before final judgment is entered, on the terms (if any) that the court thinks just; and

   (b)shall be deemed to have been set aside if a notice of grounds of defence is filed by the defendant.

   (4)If interlocutory judgment in proceedings is set aside, or is deemed to have been set aside, under subsection (3)—

   (a)subsection (2) ceases to have effect in relation to the proceedings; and

   (b)the court may at any time make the orders that it thinks just as to—

   (i)the continuance of the proceedings; and

   (ii)the costs incurred by any party by the entering of the judgment, by the judgment having been set aside or being deemed to have been set aside or by any adjournment of the hearing of the proceedings;

   and the court may give the directions as to the subsequent conduct of the proceedings that it thinks just.

2. Assessment of recoverable amount following interlocutory judgment

   (1)Subject to subsection (2), if interlocutory judgment in proceedings has been entered against the defendant under section 41 (1) and a certificate of readiness for hearing has been filed in accordance with section 179 (1), the registrar shall—

   (a)fix a date, time and place for the hearing in accordance with section 179 (2) for the purpose of the assessment of the amount to be recovered by the plaintiff; and

   (b)notify the plaintiff in accordance with form 12 of the date, time and place so fixed; and

   (c)not later than 7 days before the date so fixed, send to the defendant, by post addressed to him or her at the best address known to the registrar, notice in accordance with form 13 of the interlocutory judgment and of the date, time and place so fixed.

   (2)At a hearing referred to in subsection (1) (a) it is not necessary for the plaintiff in the proceedings to prove compliance by the registrar with the requirement of subsection (1) (c).

   (3)If—

   (a)proceedings have been instituted in relation to more than 1 cause of action or against more than 1 defendant; and

   (b)interlocutory judgment has been entered under section 41 (1) against the defendant in respect of 1 or more but less than all of those causes of action, or against 1 or more but less than all of those defendants, as the case may be; and

   (c)the proceedings are continuing with respect to the other causes of action, or against the other defendants, as the case may be;

   the hearing for the purpose of the assessment of the amount to be recovered by the plaintiff under the interlocutory judgment shall, unless the court otherwise orders, take place with the hearing of the proceedings with respect to those other causes of action, or against those other defendants, as the case requires.

3. Judgment by default on special claim

   (1)If, in proceedings instituted by the filing of a special claim—

   (a)a period of 21 days has expired after the date of service of the claim; and

   (b)the plaintiff has filed an affidavit of service of the claim or a certificate of postal service of the claim has been filed; and

   (c)the defendant has not filed a notice of grounds of defence; and

   (d)judgment has not been given or entered in the proceedings;

   the registrar shall, on the application of the plaintiff in accordance with form 14 made within 12 months after the end of the period referred to in paragraph (a), enter final judgment in accordance with form 15 for the plaintiff against the defendant for the amount then claimed to be owing and the allowable costs.

   (2)In this section:

   allowable costs means the amount mentioned in the Supreme Court Rules 1937, order 3 rule 3 (2), multiplied by the prescribed percentage.

Division 6.3               Judgment by confession

1. Judgment by confession

   (1)At any time before final judgment has been entered in proceedings, the defendant may file a statement in accordance with form 16 confessing to the whole or any part of the amount claimed by the plaintiff.

   (2)A statement referred to in subsection (1) shall be signed by the defendant or on his or her behalf by his or her legal practitioner, and such a statement signed by the defendant has no force or effect unless the execution of the statement is witnessed by the registrar, a legal practitioner or a justice of the peace.

   (3)If a statement under subsection (1) is filed in proceedings, the registrar shall, as soon as practicable, serve on the plaintiff notice in accordance with form 17 of the filing of the statement and of the amount to which the defendant has confessed.

   (4)If, in proceedings in which the plaintiff does not claim damages for personal injuries, the defendant files a statement under subsection (1) in which he or she confesses to the whole of the amount claimed by the plaintiff, the registrar shall, as soon as practicable after giving the notice referred to in subsection (3), enter judgment for the plaintiff against the defendant for the amount claimed.

   (5)If, in proceedings in which the plaintiff has claimed damages for personal injuries—

   (a)the defendant has filed a statement under subsection (1) in which he or she confesses to the whole of the amount claimed by the plaintiff; and

   (b)the plaintiff has not, within 14 days after the date when notice of the filing of the statement was served on him or her under subsection (3)—

   (i)applied to the court for leave to amend his or her claim by increasing the amount of damages claimed; or

   (ii)applied for leave to have the proceedings removed into the Supreme Court;

   the registrar shall enter judgment for the plaintiff against the defendant for the amount claimed.

   (6)If, in a statement under subsection (1) filed in proceedings, the defendant confesses to a part only of the amount claimed by the plaintiff and the plaintiff does not, within 14 days after the date when notice of the filing of the statement was served on him or her under subsection (3), file a notice in accordance with form 18 refusing to accept the amount specified in the statement in full satisfaction of his or her claim, the registrar shall enter judgment for the plaintiff against the defendant for the amount specified in the statement.

   (7)As soon as practicable after a notice refusing to accept an amount is filed by a plaintiff under subsection (6), the registrar shall serve a copy of the notice on the defendant.

   (8)If judgment is entered for a plaintiff against a defendant under this section, there shall be added to the judgment debt—

   (a)if the judgment is entered within 21 days after the date of service of the claim—an amount equal to the costs of the plaintiff in the preparation, issuing and service of the claim; or

   (b)in any other case—an amount equal to—

   (i)the costs of the plaintiff in the preparation, issuing and service of the claim; or

   (ii)the costs reasonably incurred by the plaintiff up to the date when judgment is entered and allowed on taxation of the plaintiff’s bill of costs;

   whichever the plaintiff requires.

   (9)A judgment entered in proceedings under this section shall operate in full discharge of any other liability of the defendant in relation to the cause or causes of action with respect to which the statement was filed under subsection (1).

   (10)In this section, a reference to the plaintiff in proceedings is, for proceedings in which there are 2 or more plaintiffs, a reference to all of those plaintiffs.

Division 6.4               Judgment by agreement

1. Judgment by agreement

   (1)At any time before final judgment has been given or entered in proceedings—

   (a)if a party has been joined otherwise than as a plaintiff or defendant—

   (i)all the parties; or

   (ii)the plaintiff and the defendant; or

   (b)if a party has not been so joined—the plaintiff and the defendant;

   may enter into an agreement in accordance with form 19 as to the judgment to be entered in the proceedings as between the parties to the agreement and as to the terms and conditions (if any) on which the judgment is to be satisfied.

   (2)An agreement under subsection (1) shall be signed by each party to the agreement or on his or her behalf by his or her legal practitioner, and such an agreement signed by a party has no force or effect unless the execution of the agreement by that party is witnessed by the registrar, a legal practitioner or a justice of the peace.

   (3)If an agreement under subsection (1) is filed before final judgment is given or entered in proceedings, the registrar shall enter judgment in the proceedings in accordance with the agreement.

   (4)If—

   (a)the registrar enters judgment in proceedings under subsection (3); and

   (b)a judgment debt arises because of the judgment; and

   (c)the agreement to which the judgment relates specifies the instalments by which and the times within which the judgment debt or part of that debt is to be paid;

   the registrar shall order that the judgment debt or that part of the judgment debt be paid by those instalments and within those times, and if the registrar makes an order under this subsection, section 292 applies in relation to that order as if it were an order of the court made under that section.

   (5)If judgment is entered for a plaintiff against a defendant under this section, there shall be added to the judgment debt—

   (a)if the judgment is entered within 21 days after the date of service of the claim—an amount equal to the costs of the plaintiff in the preparation, issuing and service of the claim; or

   (b)in any case—an amount equal to—

   (i)the costs of the plaintiff in the preparation, issuing and service of the claim; or

   (ii)the costs reasonably incurred by the plaintiff up to the date when judgment is entered and allowed on taxation of the plaintiff’s bill of costs;

   whichever the plaintiff requires.

   (6)If judgment has been entered in proceedings under subsection (3), the court may, on the application of any party to the proceedings who was not a party to the agreement and on sufficient cause being shown, set aside the agreement on the terms the court thinks just.

   (7)Subject to subsection (6), a judgment entered in proceedings under subsection (3) shall, as between the parties to the agreement to which the judgment relates, operate in full discharge of any other liability of any of those parties in relation to the cause or causes of action with respect to which those parties entered into the agreement.

Division 6.5               Special defences

1. Defence of tender before action

   A defendant in proceedings is not entitled to reply on a defence of tender before action unless he or she has paid into court the amount alleged to have been tendered.

2. Defence of set-off

   A defendant in proceedings may, in his or her notice of grounds of defence, include, as a defence by way of set-off to the whole or part of the plaintiff’s claim, an amount (whether ascertained or not) that he or she alleges is due to him or her by the plaintiff, whether or not the defendant also pleads a cross-claim in respect of that amount.

3. Cross-claim

   (1)A defendant in proceedings may, in his or her notice of grounds of defence, plead a cross-claim founded on any cause of action in respect of which he or she might have instituted proceedings in the court against the plaintiff, being a cross-claim for an amount that does not exceed the maximum amount for which the court has jurisdiction, whether the amount of the cross-claim is calculated on a balance of account, after an admitted set-off or otherwise.

   (2)A notice of grounds of defence in which a cross-claim is pleaded shall include the particulars in respect of the cause of action on which the cross-claim is founded that would be required to be included in a claim in respect of that cause of action.

   (3)A defendant in proceedings may plead more than 1 cause of action against the plaintiff by way of cross-claim, but a cross-claim shall not be for a total amount in excess of the maximum amount for which the court has jurisdiction (whether the total amount is calculated on a balance of account, after an admitted set-off, on an abandonment or otherwise).

1. Abandonment of excess of cross-claim

   (1)A defendant in proceedings who has a cause of action against the plaintiff for an amount exceeding $50 000 may plead a cross-claim founded on that cause of action in which he or she abandons the excess over $50 000 by stating the abandonment in his or her notice for grounds of defence.

   (2)In proceedings on a cross-claim referred to in subsection (1)—

   (a)the defendant may not recover an amount exceeding $50 000; and

   (b)final judgment in those proceedings shall operate in full discharge of all demands in relation to the cause of action.

   (3)If final judgment is given or entered in proceedings on a cross-claim referred to in subsection (1), the entry of the judgment in the records of the court shall record the abandonment.

2. Proceedings on cross-claim

   (1)Subject to these rules, proceedings on a cross-claim shall be conducted, heard and determined, as far as practicable, in the same way as proceedings instituted by the filing of a claim.

   (2)Without limiting subsection (1), these rules apply to a cross-claim and to proceedings on a cross-claim as if—

   (a)the notice of grounds of defence pleading the cross-claim were a claim; and

   (b)the defendant pleading the cross-claim were a plaintiff in proceedings instituted to recover the amount claimed on the cross-claim; and

   (c)the plaintiff against whom the cross-claim is pleaded were a defendant in such proceedings.

   (3)Withdrawal, abandonment or dismissal of the whole or part of a claim or discontinuance of proceedings on the whole or part of a claim does not prevent the continuance of proceedings on a cross-claim, and the withdrawal, abandonment or dismissal of the whole or part of a cross-claim or discontinuance of proceedings on the whole or part of a cross-claim does not prevent the continuance of proceedings on the claim in relation to which the cross-claim was pleaded.

3. Trial of cross-claim

   The court may, if it is of the opinion that the trial of a claim and cross-claim together would embarrass or delay the hearing of proceedings or be otherwise inconvenient, order that proceedings on the claim and proceedings on the cross-claim be heard and determined separately or make any other order it thinks just.

Part 7Reply

1. Filing of reply

   If the defendant in proceedings has filed a notice of grounds of defence, the plaintiff may, within 21 days after the date when a copy of that notice was served on him or her, file a reply.

2. Form of reply

   (1)A reply shall be in accordance with form 20.

   (2)A reply shall be signed by the plaintiff, by his or her legal practitioner or by his or her agent authorised in writing for the purpose.

3. Service of reply

   A reply shall be served on the defendant by the registrar.

4. Defence to cross-claim

   If, in a notice of grounds of defence filed in proceedings, the defendant alleges a cross-claim, the plaintiff may, in a reply filed by him or her, plead a defence to the cross-claim.

Part 8Third-party procedure

1. Meaning of third party

   In this part:

   third party means a person joined as a party to proceedings in accordance with this part.

2. Filing of third-party notice

   (1)If a defendant in proceedings claims that he or she is entitled to contribution or indemnity or any other relief or remedy from any other person in relation to the cause of action to which the proceedings relate or any judgment that may be given or entered in favour of the plaintiff in the proceedings, the defendant may—

   (a)at the time he or she files his or her notice of grounds of defence; or

   (b)if a notice of grounds of defence is not filed—within 21 days after the date of service of the claim;

   join that other person as a party to the proceedings by filing a third party notice in accordance with form 21.

   (2)A third-party notice shall contain the particulars of the defendant’s claim against the third party that the defendant would be required to include in a claim if he or she instituted separate proceedings against the third party.

3. Service of documents

   (1)As soon as practicable after a third-party notice has been filed in proceedings, the registrar shall—

   (a)serve a copy of the notice on the plaintiff; and

   (b)return to the defendant the other copies of the notice that were lodged at the time of filing.

   (2)When copies of a third party notice are returned to the defendant in proceedings under subsection (1), the defendant shall—

   (a)serve on the third party a copy of the third-party notice and of each other pleading filed in the proceedings; and

   (b)serve on each other party to the proceedings (other than the plaintiff) a copy of the third-party notice.

   (3)As soon as practicable after a defendant in proceedings has served a third-party notice on a third party under subsection (2), the defendant shall file an affidavit of service of the notice and inform each other party to the proceedings (other than the third party), in writing, of the date of that service.

4. Stay of proceedings

   (1)Subject to subsection (2), if a defendant in proceedings who has filed a notice of grounds of defence files a third-party notice, the proceedings are stayed until—

   (a)the third party has filed a notice of grounds of defence; or

   (b)a period of 21 days has expired after the date on which a copy of the third party notice was served on the third party;

   whichever first occurs.

   (2)If proceedings are stayed under subsection (1), the court may, on the application of the plaintiff, remove that stay of proceedings if it is satisfied that a copy of the third-party notice was not served on the third party, or an affidavit of that service was not filed, within a reasonable time.

5. Rights and liabilities of third party

   (1)A third party in proceedings shall, as from the time when a copy of the third-party notice was served on him or her, be a party to the proceedings and, subject to these rules, he or she shall have the same rights, and be subject to the same liabilities, in the proceedings as he or she would have had and been subject to if the defendant had instituted separate proceedings against him or her.

   (2)Without limiting subsection (1), a third party in proceedings shall plead in his or her notice of grounds of defence any ground of defence in which he or she disputes the plaintiff’s claim against the defendant or the defendant’s claim against the third party.

   (3)If a person on whom a copy of a third-party notice has been served fails to file a notice of grounds of defence within 21 days after the date of service, he or she shall be taken to have admitted liability to the defendant in respect of the subject of, and for the amount of, the defendant’s claims against him or her specified in the third-party notice.

6. Procedure on hearing

   On hearing proceedings in which a third party has been joined—

   (a)the court may direct what part the third party shall take at the hearing; and

   (b)the court may modify its procedures as necessary; and

   (c)the court may, as between the defendant and the third party—

   (i)grant any relief or remedy that might properly have been granted if the defendant’s claim against the third party had been the subject of separate proceedings; and

   (ii)give the judgment that the court thinks just.

7. Enforcement

   (1)Except with the leave of the court, the defendant in proceedings shall not enforce any judgment in his or her favour against a third party until any judgment given in favour of the plaintiff in the proceedings against the defendant has been satisfied.

   (2)Leave under subsection (1) may be granted on the terms (if any) that the court thinks just.

8. Subsequent joinder of parties

   A third party in proceedings may join another person as a fourth party in the proceedings in accordance with these rules, and subsequent parties may be joined in succession in the like circumstances, each by the party previous to him or her in order of joinder, and this part applies in relation to each party so joined as if—

   (a)he or she were a third party so joined; and

   (b)the party who joined him or her was the defendant; and

   (c)the party who joined the party referred to in paragraph (b) was the plaintiff.

9. Separate trials

   The court may, if it is of the opinion that the trial of proceedings between a plaintiff and defendant together with proceedings between the defendant and a third party would embarrass or delay the hearing of the firstmentioned proceedings or be otherwise inconvenient, order that those proceedings be heard and determined separately or make any other order that it thinks just.

10. Codefendants

    (1)If a defendant in proceedings claims that he or she is entitled to contribution or indemnity or any other relief or remedy from another defendant in the proceedings in relation to the cause of action to which the proceedings relate or any judgment that may be given or entered in favour of the plaintiff in the proceedings, the firstmentioned defendant may file, and serve on that other defendant a copy of, a notice in accordance with form 22.

    (2)A notice under subsection (1) shall contain the particulars of the claim of the defendant who filed the notice against the other defendant that the firstmentioned defendant would be required to include in a claim if he or she instituted separate proceedings against the other defendant.

    (3)If a defendant in proceedings has filed, and served a copy of, a notice under subsection (1), this part applies in relation to the claim particulars of which are contained in the notice, and in relation to proceedings in respect of that claim, as if—

    (a)the notice were a third-party notice filed and served under this part; and

    (b)the defendant on whom the copy of the notice was served were a third party joined under this part.

    (4)Nothing in this section shall operate to prejudice any rights that the plaintiff in proceedings may have against any defendant in the proceedings other than the defendant who filed a notice under subsection (1).

11. Costs in proceedings if third party joined

    (1)In proceedings in which a third party has been joined under this part, the court may—

    (a)decide all questions of costs as between the third party and other parties to the proceedings; and

    (b)order any 1 or more of the parties to pay the costs of any other party or parties; and

    (c)make any other orders as to costs that it thinks just.

    (2)Subject to any order that the court makes under subsection (1), costs in proceedings in which a third party has been joined shall—

    (a)as between a party and the third party joined by him or her, follow the event of the issues between those parties; and

    (b)be taxed on the scale appropriate to any amount separately recovered or unsuccessfully claimed between those parties or, if there is no such amount, the amount recovered or unsuccessfully claimed by the plaintiff against the defendant; and

    (c)be recoverable by a party against another party only to the extent of the costs of the issues between those parties and not to the extent of any other costs payable by the parties.

Part 9Discontinuance and withdrawal

1. Discontinuance

   (1)A party to proceedings may, at any time before the hearing of the proceedings is completed, discontinue the proceedings as regards the whole or any part of a claim by him or her by filing a notice of discontinuance in accordance with form 23.

   (2)A notice of discontinuance filed under subsection (1) shall set out the extent of the discontinuance and shall, if the discontinuance is with the consent of another party to the proceedings, have that consent endorsed on it.

   (3)A party to proceedings who has filed a notice of discontinuance under subsection (1) shall, as soon as practicable, serve a copy of the notice on each other party.

2. Withdrawal

   (1)Subject to subsection (2), a party to proceedings may, at any time before the hearing of the proceedings is completed, withdraw any matter contained in a notice of grounds of defence or subsequent pleading filed by him or her in the proceedings by filing a notice of withdrawal in accordance with form 24.

   (2)Subsection (1) does not permit the withdrawal, without the consent of another party or the leave of the court, of an admission or other matter that operates for the benefit of that other party.

   (3)A notice of withdrawal filed under subsection (1) shall set out the extent of the withdrawal and shall, if the withdrawal is with the consent of another party to the proceedings, have that consent endorsed on it.

   (4)A party to proceedings who has filed a notice of withdrawal under subsection (1) shall, as soon as practicable, serve a copy of the notice on each other party.

3. Costs

   (1)If a party to proceedings discontinues the proceedings against another party under this part as regards the whole or any part of a claim, the firstmentioned party shall, unless—

   (a)that other party consented to the discontinuance; or

   (b)the court otherwise orders;

   pay that other party’s costs in the proceedings occasioned by the discontinuance and reasonably incurred up to the date when notice of the discontinuance was served on that other party.

   (2)A party to proceedings who is, under subsection (1), entitled to his or her costs referred to in that subsection may have those costs taxed without an order of the court, and if those costs are so taxed are not paid within 4 days, the payment of those costs may be enforced as if the court had made an order for payment of those costs.

4. Effect of discontinuance

   (1)Subject to the terms of any consent to the discontinuance of proceedings under this part, the discontinuance—

   (a)does not prevent further proceedings being instituted in relation to the same, or substantially the same, cause of action; and

   (b)is not a defence in any such further proceedings.

   (2)If, in relation to the same, or substantially the same, cause of action as that in relation to which proceedings have been discontinued against a party, further proceedings are instituted against that party, the court may, on the application of that party, order that those further proceedings be stayed until any costs in the earlier proceedings to which that party is entitled under section 69 (1) have been paid.

Part 10Payment into court

1. How money paid into court

   For these rules, money is paid into court by—

   (a)paying the money to the registrar or lodging a bond with the registrar in accordance with section 85; and

   (b)filing with the registrar a notice of payment into court.

2. Payment by defendant

   (1)A defendant in proceedings may, from time to time—

   (a)pay money into court in answer to any 1 or more causes of action to which the plaintiff’s claim relates, and in respect of any interest that the defendant thinks may be ordered under section 230 in respect of the cause or causes of action, as the case may be, up to and including the date when the money is paid into court; and

   (b)pay money into court in addition to money previously so paid under this section.

   (2)If money is paid into court under this section it shall be presumed that it includes interest that may be ordered to be paid under section 230 in respect of 1 or more causes of action to which the plaintiff’s claim relates, up to and including the date when the money is paid into court.

3. Form of notice of payment

   (1)A notice of payment into court shall be in accordance with form 25.

   (2)If a claim relates to 2 or more causes of action and the defendant in the proceedings pays money into court, the notice of payment into court filed by him or her shall—

   (a)specify the cause or causes of action in answer to which the money is so paid; and

   (b)if the defendant allots part of the money to any cause or causes of action—specify the amounts so allotted and the cause or causes of action to which that amount is allotted.

4. Service of notice of payment into court

   A defendant in proceedings who files a notice of payment into court shall, as soon as practicable, serve a copy of the notice on each other party to the proceedings.

5. Abandonment of cross-claim

   If a defendant in proceedings—

   (a)alleges a cross-claim against the plaintiff in respect of any cause of action; and

   (b)has paid money into court; and

   (c)has, in so paying that money, taken into account his or her cause of action against the plaintiff to which the cross-claim relates with a view to its abandonment if the plaintiff accepts the money;

   the defendant shall, in his or her notice of payment into court, specify that cause of action.

6. No admission of liability

   Payment of money into court shall not be taken to be an admission of liability.

7. Acceptance of amount paid into court

   (1)Subject to this section, a plaintiff in proceedings may, in accordance with this section, accept money paid into court in answer to 1 or more of the causes of action to which his or her claim relates by filing a notice of acceptance in accordance with form 26.

   (2)If a notice of payment into court or the last notice of payment into court is filed before the hearing of the proceedings commences, the plaintiff may accept the money so paid within 14 days after service on him or her of the notice or that last notice, as the case may be, but before that commencement.

   (3)If—

   (a)a notice of payment into court is filed after the hearing of the proceedings has commenced; or

   (b)the defendant in proceedings, by notice served by him or her on the plaintiff after the hearing of the proceedings has commenced, confirms, in accordance with form 27, a notice of payment into court previously filed;

   the plaintiff may, subject to subsection (6), accept the money so paid within 2 days after service on him or her of the notice of payment into court or the notice of confirmation by announcement to the court during the hearing or by filing a notice of acceptance.

   (4)A defendant in proceedings who serves a notice of confirmation under subsection (3) shall file the notice forthwith.

   (5)A plaintiff who accepts money by announcement to the court under subsection (3) shall file a notice of acceptance forthwith.

   (6)A plaintiff in proceedings shall not accept money in a case referred to in subsection (3) after the magistrate constituting the court has given his or her decision or has begun to give reasons for his or her decision.

   (7)If a claim relates to more than 1 cause of action and the plaintiff accepts money paid into court in answer to 1 or more but not all of those causes of action, he or she may, by filing a notice (which may be combined with his or her notice of acceptance), abandon all the causes of action to which his or her claim relates other than the cause or causes of action to which the acceptance relates.

   (8)If—

   (a)a plaintiff has instituted proceedings against 2 or more defendants in relation to a cause of action that he or she had against them jointly; and

   (b)he or she accepts money paid into court by 1 or more but not all of those defendants in answer to that cause of action;

   he or she may, by filing a notice (which may be combined with his or her notice of acceptance), abandon that cause of action as against the other defendants or all of those other defendants.

   (9)A plaintiff in proceedings who accepts money paid into court is, subject to section 80 and section 81, entitled to receive payment of the money without any order of the court.

   (10)Money paid into court that a plaintiff in proceedings is entitled to receive under this part shall be paid to him or her or, if he or she has lodged a written authorisation with the registrar, to his or her legal practitioner or other person specified in the authorisation.

1. Records of default judgments

   Any person may inspect a record of the court that contains particulars of any of the following:

   (a)a judgment that has been entered under section 43;

   (b)the setting aside of such a judgment under section 221;

   (c)in relation to proceedings in the Small Claims Court—

   (i)a default judgment within the meaning of part 22; or

   (ii)a restoration order under section 443 setting aside such a judgment.

2. Infant plaintiffs

   A person who has not attained full age may institute proceedings for the recovery of wages, salary or other money due to him or her in respect of his or her employment as if he or she were of full age.

Schedule 1

(see s 231)

Table 1.1

column 1 item	column 2 period	column 3 rate of interest % per year
1	any period before 1 July 1981	13.375
2	1 July 1981 to and including 30 June 1982	15.00
3	1 July 1982 to and including 31 December 1982	17.50
4	1 January 1983 to and including 31 December 1983	15.50
5	1 January 1984 to and including 30 June 1984	12.375
6	1 July 1984 to and including 31 December 1984	14.75
7	1 January 1985 to and including 30 June 1985	13.75
8	1 July 1985 to and including 31 December 1985	17.25
9	1 January 1986 to and including 30 June 1986	20.625
10	1 July 1986 to and including 31 December 1986	18.125
11	1 January 1987 to and including 30 June 1987	19.25
12	1 July 1987 to and including 29 February 1988	18.75
13	1 March 1988 to and including 28 February 1989	16.125
14	1 March 1989 to and including 31 August 1989	17.875
15	1 September 1989 to and including 14 January 1991	20.75

Table 1.2

column 1 item	column 2 period	column 3 rate of interest % per annum
1	any period before 1 July 1981	13.50
2	1 July 1981 to and including 31 December 1982	16.25
3	1 January 1983 to and including 30 June 1985	14.00
4	1 July 1985 to and including 29 February 1988	19.00
5	1 March 1988 to and including 31 August 1989	17.00
6	1 September 1989 to and including 14 January 1991	20.75
7	15 January 1991 to and including 14 July 1991	17.50
8	15 July 1991 to and including 14 January 1992	15.75
9	15 January 1992 to and including 14 July 1992	13.75
10	15 July 1992 to and including 14 January 1993	11.50
11	15 January 1993 to and including 31 January 1994	10.00
12	1 February 1994 to and including 31 July 1995	9.00
13	1 August 1995 to and including 31 March 1997	10.75
14	1 April 1997 to and including 30 April 1998	9.55
15	any period after 30 April 1998	8.45

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to these rules.

Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

·     child

·     government solicitor.

Note 3For the meaning of terms defined in the Magistrates Court Act 1930, dict, see s 7.

account, for part 19 (Enforcement of judgments)—see section 287.

appellant, for an appeal in which there are 2 or more appellants, for part 21 (Appeals to Supreme Court), means all or any of the appellants.

copy, in relation to a document to be served in a proceeding, means—

(a)if the document has been filed—a true copy sealed or stamped with the court’s seal; and

(b)in any other case—a true copy.

costs, in relation to a proceeding, means costs between party and party of and incidental to the proceeding.

cross-claim means a claim (whether by way of counterclaim, cross-action, set-off or otherwise) pleaded in a notice of grounds of defence filed by a defendant in a proceeding.

debt due or accruing, for part 19 (Enforcement of judgments)—see section 287 (3).

defendant means the person against whom a proceeding has been begun.

earnings, in relation to a person, for part 19 (Enforcement of judgments)—see section 287.

examination summons, for part 19 (Enforcement of judgments)—see section 287.

examiner means a person appointed by the court to conduct an examination under section 202.

file a document means lodge the document in the court registry for inclusion in the court record.

garnishee, for part 19 (Enforcement of judgments)—see section 287.

garnishee order, for part 19 (Enforcement of judgments)—see section 287.

giving, of a judgment, for part 19 (Enforcement of judgments)—see section 287 (2).

instalment order, for part 19 (Enforcement of judgments)—see section 287.

insurer means a person who gives a bond mentioned in section 85.

judgment, for part 19 (Enforcement of judgments)—see section 287.

judgment creditor, for part 19 (Enforcement of judgments)—see section 287.

judgment debt, for part 19 (Enforcement of judgments)—see section 287.

judgment debtor, for part 19 (Enforcement of judgments)—see section 287.

officer, of a corporation, includes a director and a person having (whether alone or with others) powers of management, direction or control of the corporation.

originating process means—

(a)a claim; or

(b)an application mentioned in section 22.

person named, in relation to a subpoena issued under section 187, means the person to whom the subpoena is addressed.

person under disability means—

(a)a child; or

(b)a person with a mental disability.

person with a mental disability, in relation to a proceeding, means a person who is not legally competent to be a party to the proceeding, and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991.

plaintiff means the person by whom a proceeding has been begun.

pleading means a claim, notice of grounds of defence, reply or third or subsequent party notice filed in a proceeding.

prescribed percentage means—

(a)if the relevant amount is less than $10 000—33%; or

(b)if the relevant amount is not less than $10 000 but is less than $25 000—67%; or

(c)if the relevant amount is not less than $25 000 but is less than $40 000—80%; or

(d)if the relevant amount is not less than $40 000—90%.

proceeding means a proceeding in the court.

property, for part 17 (Interpleader)—see section 239.

relevant amount, in relation to proceedings—see section 259.

subpoena for production means a written order requiring the person named in it to attend as directed by the order and to produce a document or thing for the purpose of evidence.

subpoena to give evidence means a written order requiring the person named in it to attend as directed by the order for the purpose of giving evidence.

third party, for part 8 (Third-party procedure)—see section 56.

writ of execution, for part 19 (Enforcement of judgments)—see section 287.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   These rules were made as part of the Court Procedures Act 2004 (see

   
   

   A2004-59, s 100 and sch 2).

   Magistrates Court (Civil Jurisdiction) Rules 2004 SL2004-58

   taken to have been notified LR 2 September 2004 (A2004-59, s 100 (3) (a))
   s 1 taken to have commenced 2 September 2004 (LA s 75 (1))
   remainder commenced 10 January 2005 (A2004-59, s 100 (3) (b))

   NoteRules exp 1 July 2006 (see Court Procedures Act 2004
   A2004-59, s 100), but until 1 January 2007 continued to apply for the purpose of proceedings in the Magistrates Court as if they had not expired (see Court Procedures Rules 2006, SL2006-29, r 7010).

   as amended by

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.10, pt 1.51, pt 1.52

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

   
   

   sch 1 pt 1.10, pt 1.51, pt 1.52 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.13

   notified LR 24 March 2005
   s 1, s 2 commenced 24 March 2005 (LA s 75 (1))

   
   

   sch 1 pt 1.13 commenced 25 March 2005 (s 2)

   Court Procedures Amendment Rules 2005 (No 1) SL2005-13 pt 2

   notified LR 7 July 2005
   r 1, r 2 commenced 7 July 2005 (LA s 75 (1))
   pt 2 commenced 8 July 2005 (r 2)

   Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.18

   notified LR 1 December 2005
   s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
   sch 1 pt 1.18 commenced 22 December 2005 (s 2 (4))

   as modified by

   Court Procedures Rules 2006 SL2006-29 sch 7

   notified LR 16 June 2006
   r 1, r 2 commenced 16 June 2006 (LA s 75 (1))
   sch 7 commenced 1 July 2006 (r 2)

2. Amendment history

   Application of rules

   s 4am A2005-13 amdt 1.44

   Institution of proceedings

   pt 3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Lodgment and filing of originating process

   s 13reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Numbering of proceedings

   s 14reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Contents of originating process

   s 15reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Signing of originating process

   s 16reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Proceedings by claim

   s 17reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   When proceeding by claim begins

   s 17Ains SL2005-13 r 4

   Form of claim

   s 18reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   More than 1 cause of action

   s 19reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Division of cause of action

   s 20reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Abandonment of excess

   s 21reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   Proceedings by application

   s 22reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   When proceeding by application begins

   s 22AAins SL2004-13 r 5

   Originating process struck out after 1 year

   s 22Areloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457

   am SL2005-13 r 6

   (3), (4) exp 10 January 2006 (s 22A (4))

   Service

   pt 4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Service of documents generally

   s 23reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Service of originating process by post

   s 24reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Substituted service

   s 25reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Service on legal practitioner

   s 26reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Service at address for service

   s 27reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Address for service

   s 28reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Time of service

   s 29reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Proof of service of documents

   s 30reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Doubtful service

   s 31reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   No need for production of original document

   s 32reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Waiver of objection to service

   s 33reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459

   Cessation and renewal of claim

   pt 5 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460

   Cessation of original claim

   s 34reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460

   Renewal of claim

   s 35reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460

   Cessation of renewed claim

   s 36reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460

   Defence, judgment by default, confession or agreement, and special defences

   pt 6 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Notice of grounds of defence

   div 6.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Filing of notice of grounds of defence

   s 37reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Form of notice of grounds of defence

   s 38reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Service of notice of grounds of defence

   s 39reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Reliance on defence not disclosed

   s 40reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Judgment in default of defence

   div 6.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Interlocutory judgment by default on ordinary claim

   s 41reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Assessment of recoverable amount following interlocutory judgment

   s 42reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Judgment by default on special claim

   s 43reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Judgment by confession

   div 6.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Judgment by confession

   s 44reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Judgment by agreement

   div 6.4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Judgment by agreement

   s 45reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Special defences

   div 6.5 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Defence of tender before action

   s 46reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Defence of set-off

   s 47reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Cross-claim

   s 48reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Abandonment of excess of cross-claim

   s 49reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Proceedings on cross-claim

   s 50reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Trial of cross-claim

   s 51reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467

   Reply

   pt 7 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468

   Filing of reply

   s 52reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468

   Form of reply

   s 53reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468

   Service of reply

   s 54reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468

   Defence to cross-claim

   s 55reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468

   Third-party procedure

   pt 8 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Meaning of third party

   s 56reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Filing of third-party notice

   s 57reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Service of documents

   s 58reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Stay of proceedings

   s 59reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Rights and liabilities of third party

   s 60reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Procedure on hearing

   s 61reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Enforcement

   s 62reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Subsequent joinder of parties

   s 63reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Separate trials

   s 64reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Codefendants

   s 65reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Costs in proceedings if third party joined

   s 66reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470

   Discontinuance and withdrawal

   pt 9 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.471

   Discontinuance

   s 67reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.471

   Withdrawal

   s 68reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.471

   Costs

   s 69reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.471

   Effect of discontinuance

   s 70reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.471

   Payment into court

   pt 10 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   How money paid into court

   s 71reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Payment by defendant

   s 72reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Form of notice of payment

   s 73reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Service of notice of payment into court

   s 74reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Abandonment of cross-claim

   s 75reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   No admission of liability

   s 76reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Acceptance of amount paid into court

   s 77reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Effect of acceptance of money paid into court

   s 78reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Withdrawal of money paid into court

   s 79reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Order for payment out after acceptance

   s 80reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Payment of money under defence of tender

   s 81reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Nondisclosure of payment into court

   s 82reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Costs if money paid into court

   s 83reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Money paid into court remaining at judgment

   s 84reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Lodgment of bond

   s 85reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473

   Persons under disability

   pt 11 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Capacity as regards proceedings

   s 86reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Liability for costs

   s 87reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Entitlement to be next friend or guardian ad litem

   s 88reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Appointment of next friend

   s 89reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Appointment of guardian ad litem

   s 90reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Record of appointee

   s 91reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Removal of next friend or guardian ad litem

   s 92reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Admission on pleadings

   s 93reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Judgment in proceedings if no guardian ad litem appointed

   s 94reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Compromise before action

   s 95reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Approval of settlement involving person under disability

   s 96reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Money recovered by person under disability

   s 97reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Service on person under disability

   s 98reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475

   Pleadings and particulars

   pt 12 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Pleadings generally

   div 12.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Paragraphs in pleadings

   s 99reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Facts in evidence

   s 100reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Brevity

   s 101reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Documents and spoken words

   s 102reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Presumed facts

   s 103reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Conditions precedent

   s 104reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Money claims

   s 105reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Matters for specific pleading

   s 106reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Contributory negligence

   s 107reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   New matter

   s 108reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Departure

   s 109reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Points of law

   s 110reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Admissions and traverse

   s 111reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Joinder of issue

   s 112reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Striking out of inadequate etc pleading

   s 113reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   General issue abolished

   s 114reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Particulars

   div 12.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Sufficient particulars

   s 115reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Fraud etc

   s 116reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Condition of mind

   s 117reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Negligence and breach of statutory duty

   s 118reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Out-of-pocket expenses etc

   s 119reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Amount claimed for property damage

   s 120reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   How particulars in pleadings given

   s 121reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Further and better particulars

   s 122reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477

   Interlocutory matters

   pt 13 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Interlocutory application

   div 13.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Interlocutory applications

   s 123reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Hearing of motion

   s 124reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Costs on application

   s 125reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Amendment

   div 13.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   General power of amendment

   s 126reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Amendment of pleading without leave

   s 127reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Consequential amendment of defence or reply

   s 128reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Disallowance of amendment

   s 129reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Duration of leave

   s 130reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Direction for mode of amendment

   s 131reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Simple mode of amendment

   s 132reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Mode of amendment of fresh document

   s 133reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Service after amendment

   s 134reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Statutes of limitation

   s 135reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Amendment of judgment, order or certificate to correct error

   s 136reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Costs in relation to amendment

   s 137reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Summary judgment

   div 13.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Summary judgment for plaintiff

   s 138reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Summary stay or dismissal

   s 139reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Residue of proceedings

   s 140reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Dismissal for want of prosecution

   s 141reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Parties

   div 13.4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Joinder of parties generally

   s 142reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Joint right

   s 143reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Common liability

   s 144reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Inconvenient joinder of parties

   s 145reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Misjoinder and nonjoinder of parties

   s 146reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Joinder of parties by order

   s 147reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Removal of parties

   s 148reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Death, transmission etc

   s 149reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Further conduct of proceedings

   s 150reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Failure to proceed after death of party

   s 151reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Representatives re concurrent interests

   s 152reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Deceased person

   s 153reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Executors and administrators

   s 154reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Consolidation

   div 13.5 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Consolidation

   s 155reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Admissions

   div 13.6 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Voluntary admissions

   s 156reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Notice to admit facts

   s 157reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Admission of documents discovered

   s 158reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Judgment on admissions

   s 159reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Restricted effect of admissions

   s 160reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Costs

   s 161reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Interrogatories

   div 13.7 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Interrogatories

   s 162reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Discovery and inspection

   div 13.8 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Notice for discovery

   s 163reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Discovery on notice

   s 164reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Limitation of discovery on notice

   s 165reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Codefendants

   s 166reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Order for general discovery

   s 167reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Contents of affidavit of discovery

   s 168reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Absence of privilege

   s 169reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Order for particular discovery

   s 170reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Document referred to in pleading or affidavit

   s 171reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Order for production

   s 172reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Power to take copies

   s 173reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Production to court

   s 174reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Inspection to decide objection

   s 175reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Order only if necessary

   s 176reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Default

   s 177reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Public interest

   s 178reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479

   Hearing

   pt 14 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Setting down for hearing

   div 14.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Certificate of readiness for hearing

   s 179reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Application for expedited hearing

   s 180reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Procedure on hearing

   div 14.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Court’s direction in relation to conduct of hearing

   s 182reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Order of presentation of cases

   s 183reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Procedure if both parties appear

   s 184reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Procedure in absence of party

   s 185reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Procedure if neither party appears

   s 186reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Subpoena to witness

   div 14.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Issue of subpoena

   s 187reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   ss renum R1 LA (see A2004-60 amdt 1.492)

   am SL2005-13 r 7

   Production by non-party

   s 188reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Setting aside of subpoena

   s 189reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Production on notice

   s 190reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Adjournment, stay or postponement of proceedings

   div 14.4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Adjournment of proceedings

   s 191reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Stay of proceedings

   s 192reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Postponement of hearing by registrar

   s 193reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.496

   Evidence

   pt 15 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Evidence generally

   div 15.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Oral evidence

   s 195reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Evidence by affidavit

   s 196reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Examination on oath

   s 197reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Proof of court documents

   s 198reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Medical evidence

   s 199reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Privilege

   s 200reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Dispensing with rules of evidence

   s 201reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Examinations de bene esse

   div 15.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Order for examination of witnesses

   s 202reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Affidavits

   div 15.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Time for swearing affidavits

   s 203reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Form of affidavit

   s 204reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Irregularity in affidavit

   s 205reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Filing and service of affidavit

   s 206reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Cross-examination of deponent

   s 207reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Contents of affidavits

   s 208reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Deponents for affidavits answering interrogatories or of discovery

   s 209reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Affidavit by illiterate or blind person

   s 210reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Affidavit by person unable to understand English

   s 211reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Annexures and exhibits to affidavits

   s 212reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Alterations in affidavits

   s 213reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Scandalous or offensive matter

   s 214reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499

   Judgment

   pt 16 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Powers of court on judgment

   s 215reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Damages to time of assessment in certain cases

   s 216reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Judgment in actions relating to detention of goods

   s 217reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   ss renum R1 LA (see A2004-60 amdt 1.503)

   Judgment for costs only

   s 218reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Time for compliance

   s 219reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Judgment final and conclusive

   s 220reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Setting aside of judgment or order

   s 221reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Setting aside of judgment entered irregularly

   s 222reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Time of effect of judgment or order

   s 223reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Reservation of judgment or decision

   s 224reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Minute of judgment

   s 225reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Formal order for judgment

   s 226reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Evidence of judgment

   s 227reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Joint liability

   s 228reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Setting off of judgments

   s 229reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Interest up to judgment

   s 230reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   pars renum R1 LA

   Judgment by default, confession or agreement—interest

   s 231(1), (2) reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   (3) reloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 3 by A2004-60 amdt 1.582

   Judgment for interest only

   s 232reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Amendment of claim for interest

   s 233reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Interest on judgments

   s 234reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Limitation periods

   s 235reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Payment of judgment debts generally

   s 236reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Payment of part of judgment debt

   s 237reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Entry and enforcement of judgment in Supreme Court

   s 238reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510

   Interpleader

   pt 17 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Meaning of property for pt 17

   s 239reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Interpleader by defendant

   s 240reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Interpleader by bailiff

   s 241reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   When interpleader proceeding begins

   s 241Ains SL2005-13 r 8

   Notice of application for relief

   s 242reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Interpleader proceedings

   s 243reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Service of documents

   s 244reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Adverse titles

   s 245reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511

   Costs

   pt 18 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   General

   div 18.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Costs in discretion of court or to follow event

   s 246reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Time for exercise of court’s powers in relation to costs

   s 247reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Fixing of costs

   s 248reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Agreement about costs

   s 249reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Entitlement to taxation

   s 250reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Costs part of judgment debt

   s 251reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Court’s power about costs if no jurisdiction

   s 252reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Power of court to vary entitlement to taxed costs

   s 253reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Time for payment of costs

   s 254reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Taxation if judgment subject to appeal etc

   s 255reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Noncompliance with rules or order

   s 256reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Liability of solicitor for costs

   s 257reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Costs—certain applications under Common Boundaries Act

   s 257Areloc from Common Boundaries Act 1981 s 9 by A2004-60 amdt 1.66

   Particular items

   div 18.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Nature of costs to be allowed or disallowed on taxation

   s 258reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Scale of costs

   s 259reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Scale of costs for proceedings on cross-claim

   s 260reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Scale of costs in enforcement proceedings

   s 261reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Scale of costs in proceedings if there are separate judgments against defendants

   s 262reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Amount paid to nonlegal representative

   s 263reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Retainer to legal practitioner

   s 264reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Brief fees paid to more than 1 barrister

   s 265reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Refresher fees

   s 266reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Fees when barrister absent

   s 267reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Reckoning of 5 hour periods

   s 268reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Amounts paid to witnesses

   s 269reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Expenses of preparing plans etc

   s 270reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Disbursements

   s 271reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Costs not otherwise provided for

   s 272reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Taxation

   div 18.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Filing, and appointment to tax, bill of costs

   s 273reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Contents of bills of costs

   s 274reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   General powers of registrar on taxation

   s 275reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Notice of adjournment of taxation proceedings

   s 276reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Report to court

   s 277reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Reference to court for directions

   s 278reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Default of party entitled

   s 279reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Cross costs

   s 280reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Certificate of taxed costs

   s 281reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Review of taxation

   s 282reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Costs of proceedings before registrar on taxation

   s 283reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Fee to barrister on taxation proceedings

   s 284reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Attendance of parties on taxation

   s 285reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Security for costs

   div 18.4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Security for costs

   s 286reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518

   Enforcement of judgments

   pt 19 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Preliminary

   div 19.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Interpretation for pt 19

   s 287reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Exercise of powers

   s 288reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Costs

   s 289reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Court Procedures Act 2004, s 81 not to apply

   s 290reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Court may exercise powers of registrar

   s 291reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Orders at time of judgment

   div 19.2 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Instalment and garnishee orders

   s 292reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Order for issue of writ of execution

   s 293reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Examination procedures

   div 19.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Notice requiring financial information

   s 294reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Issue of examination summons

   s 295reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Content of examination summons

   s 296reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Service of examination summons

   s 297reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Examination of judgment debtor

   s 298reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Orders following examinations

   s 299reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Report of certain examinations

   s 300reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Subsequent examinations

   s 301reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Failure to attend in answer to summons

   s 302reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Warrants

   s 303reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Police assistance

   s 304reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Examination after issue of warrant

   s 305reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Refusal to be examined

   s 306reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Registrar may adjourn examination

   s 307reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Instalment orders

   div 19.4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Instalment orders on application by judgment debtor

   s 308reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Instalment orders by agreement

   s 309reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Objection by judgment creditor to instalment order

   s 310reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Hearing by court

   s 311reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Service of instalment orders

   s 312reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Judgment creditor may apply for variation or revocation

   s 313reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Stay of enforcement of judgment

   s 314reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Payment to judgment creditor

   s 315reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Default

   s 316reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Garnishee orders

   div 19.5 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Orders on application to registrar

   s 317reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Grounds for refusing orders

   s 318reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Form and effect of orders

   s 319reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Service of garnishee orders

   s 320reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Stay of garnishee orders attaching earnings

   s 321reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Part only of earnings may be attached

   s 322reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   One order attaching earnings to operate at a time

   s 323reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Limitations on payments under orders attaching earnings

   s 324reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Accounts with authorised deposit-taking institutions

   s 325reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Direct crediting—veterans’ pensions

   s 326reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Payments by garnishees

   s 327reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Time for payment

   s 328reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Notice by garnishee to judgment creditor

   s 329reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Application to vary or revoke garnishee order

   s 330reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Application for instalment order

   s 331reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Determination of application

   s 332reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Court may order writ of execution to be issued

   s 333reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   No debts due or accruing

   s 334reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Failure to comply with order

   s 335reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Lien or claim of third party on debt

   s 336reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Excess paid by garnishee

   s 337reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Reduction of attached debt

   s 338reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Deductions by garnishees

   s 339reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Judgment debtor ceases employment

   s 340reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Stay of enforcement of judgment

   s 342reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Execution against personal property

   div 19.6 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Issue of writs of execution

   s 343reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Leave to issue required in certain circumstances

   s 344reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Form of writ of execution

   s 345reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Priority and duration of writs

   s 346reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Seizure of property for sale

   s 347reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Seizure of money and things in action

   s 348reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Entry, search and seizure—bailiff’s powers

   s 349reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Safekeeping of property seized

   s 350reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Property seized not abandoned

   s 351reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Removal of property seized

   s 352reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Notice of seizure

   s 353reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Exempt property

   s 354reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Stay of sale of property seized

   s 355reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Payment preventing execution

   s 356reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Suspension of execution by judgment creditor

   s 357reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Agreements to withdraw and re-enter

   s 358reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Deposit to cover costs of execution

   s 359reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Conditions of sale

   s 360reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Time of sale

   s 361reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Postponement

   s 362reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Determining market value

   s 363reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Judgment debtor may challenge market value

   s 364reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Sale by public auction

   s 365reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Sale by private agreement

   s 366reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Terms about payment

   s 367reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Sale price to be recorded

   s 368reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Purchase by bailiffs or auctioneer prohibited

   s 369reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Auctioneer to account

   s 370reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Surplus sale proceeds paid to judgment debtor

   s 371reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Costs of execution

   s 372reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Payment of amounts raised to registrar

   s 373reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Proceeds of writ

   s 374reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Account

   s 375reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Order for disposal

   s 376reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Property to be returned to judgment debtor

   s 377reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Separate execution for costs

   s 378reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Liability of bailiffs

   s 380reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Miscellaneous

   div 19.7 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Enforcement of payment directed by Essential Services Consumer Council

   s 380Areloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538

   Keeping of records

   s 380Breloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 6 by A2004-60 amdt 1.585

   Service and execution of process

   s 380Creloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 7 by A2004-60 amdt 1.585

   Notice of service of process

   s 380Dreloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 8 by A2004-60 amdt 1.585

   Receipt for money

   s 380Ereloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 9 by A2004-60 amdt 1.585

   Return on writ

   s 380Freloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 10 by A2004-60 amdt 1.585

   Notices

   s 380Greloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 11 by A2004-60 amdt 1.585

   Bailiff not to act as agent

   s 380Hreloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 12 by A2004-60 amdt 1.585

   Appeals to Supreme Court

   pt 21 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.542

   Application for leave to appeal

   s 388reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.542

   Institution of appeal

   s 389reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.542

   Substituted service of notice of appeal

   s 390reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.542

   Powers of Supreme Court on appeal

   s 393reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.542

   om A2005-60 amdt 1.103

   Small Claims Court

   pt 22 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Preliminary

   div 22.1 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Definitions for pt 22

   s 394reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def applicant reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def common boundaries determination reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def conference reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def consent judgment reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def damages application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def debt application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def debt declaration reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def default judgment reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def functions reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def goods application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def inquiry reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def interim order reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def investigator reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def judgment reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def nuisance application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def order reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def originating application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def proceedings reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def referee reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def respondent reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def response reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def restoration order reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def specified reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def subpoena reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def trespass application reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   def unspecified reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Explanatory material in forms etc

   s 394Areloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Application of rules to small claims proceedings

   s 395reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Commencement of proceedings

   div 22.3 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Assistance to members of public

   s 403reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Originating applications

   s 404reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Single application for each matter

   s 405reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Debt declarations

   s 406reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Interest claims

   s 407reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Service of originating applications

   s 408reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Amendments

   s 409reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Pre-conference procedures

   div 22.4 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Application—common boundaries applications

   s 410reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Response

   s 411reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Admission of liability

   s 412reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Admission of liability—payment of money

   s 413reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Admission of liability—bonds

   s 414reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Admission of liability—acceptance by applicant

   s 415reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Contested applications—conferences and inquiries

   s 416reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Failure to respond

   s 417reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Striking out application

   div 22.5 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Originating applications struck out after 1 year

   s 418reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   am SL2005-13 r 9

   (3), (4) exp 10 January 2006 (s 418 (4))

   Conferences

   div 22.6 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Directions for conferences

   s 419reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Conference objectives

   s 420reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Variation of conference fixtures

   s 421reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Representation at conferences

   s 422reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Persons entitled to be present

   s 423reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Adjournment

   s 424reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Consent judgments

   s 425reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Failure of conciliation—direction for inquiry

   s 426reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Failure to attend conference

   s 428reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Inquiries

   div 22.7 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   General procedure

   sdiv 22.7.1 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Directions for inquiries

   s 429reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Inquiries—constitution of Small Claims Court

   s 430reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Inquiry procedure

   s 431reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Investigators

   s 432reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Giving evidence by oath or affirmation

   s 433reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Representation at inquiries

   s 434reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Interlocutory applications

   s 436reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Adjournment of inquiry

   s 437reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Transfer of small claims proceedings to general jurisdiction of court

   s 438reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Transfer of proceedings in general jurisdiction of court to small claims jurisdiction

   s 439reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Discontinuance

   s 440reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Failure to appear

   s 441reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Dismissal for abuse of process

   s 442reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Restoration of proceedings

   s 443reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Witnesses and evidence

   sdiv 22.7.2 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Subpoena

   s 444reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Subpoena to produce

   s 445reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Retention of subpoenaed documents and things

   s 446reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Witness fees and expenses

   s 447reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Enforcement of subpoena

   s 448reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Judgments

   sdiv 22.7.3 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Finality of judgments

   s 450reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Consent judgments

   s 451reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Form of judgments

   s 452reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Counterclaims and set-offs

   s 453reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Interest up to judgment—Small Claims Court

   s 454reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Interest on judgment debts

   s 455reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Costs

   s 456reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Orders to perform work

   s 457reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Orders to perform work—conditions for payment

   s 458reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Goods orders

   s 459reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Trespass

   s 460reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Debt declarations—orders

   s 461reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Other orders

   s 462reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Enforcement of judgments

   sdiv 22.7.4 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Application of Act

   s 463reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Joint liability

   s 464reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Notice—orders made in person’s absence

   s 465reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Enforcement of orders by executors and administrators

   s 466reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Payment of money under judgment

   s 467reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Service of documents

   div 22.8 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Service

   s 468reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Doubtful service

   s 469reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575

   Miscellaneous

   pt 23 hdgreloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Headings of court documents

   s 472reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Requirements for documents

   s 473reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Power of court in relation to scandalous etc documents

   s 474reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Notice of rejection of documents

   s 475reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Signature of legal practitioner on documents

   s 476reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Sealing duplicate documents

   s 477reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Court seals

   s 478reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   am A2005-60 amdt 1.104, amdt 1.105; ss renum A2005-60 amdt 1.106

   reloc to Magistrates Court Rules 1932, as s 101 by

   
   

   A2005-60 amdt 1.107

   Magistrate in chambers

   s 479reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Chamber business

   s 480reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Consent orders

   s 481reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Right of appearance

   s 482reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Review of decisions of registrar

   s 483reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Representation by legal practitioner

   s 484reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Appointment of legal practitioner

   s 485reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Change of legal practitioner

   s 486reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Time of effect of change etc of legal practitioner

   s 487reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Corporations acting in person

   s 488reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Reckoning of time

   s 489reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Extension and abridgment of time

   s 490reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Fixing of times

   s 491reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Irregularity in proceedings

   s 492reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Restoration of proceedings struck out

   s 493reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Certified copies of official records

   s 494reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Records of default judgments

   s 495reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Infant plaintiffs

   s 496reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579

   Proceeding in business name if unregistered etc

   s 497ins as mod SL2006-29 mod 1.1

   exp 1 January 2007 (SL2006-29 r 7010 (4))

   Schedule 1

   sch 1reloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 by A2004-60 amdt 1.588

1. 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 2005	10 Jan 2005– 24 Mar 2005	A2004-60	new rules and amendments by A2004-60
R2 25 Mar 2005	25 Mar 2005– 7 July 2005	A2005-13	amendments by A2005-13
R3 8 July 2005	8 July 2005– 21 Dec 2005	SL2005-13	amendments by SL2005-13
R4 22 Dec 2005	22 Dec 2005– 10 Jan 2006	A2005-60	amendments by A2005-60
R5 11 Jan 2006	11 Jan 2006– 30 June 2006	A2005-60	commenced expiry
R6 1 July 2006	1 July 2006– 31 Dec 2006	A2005-60	modifications by SL2006-29 and updated endnotes