Application—ch 2
22 Application—ch 2
This chapter applies to every proceeding in the Supreme Court or Magistrates Court to which these rules apply.
Rule 4 (Application of rules) deals with the proceedings to which these rules apply.
This chapter has been disapplied (with exceptions) in relation to family and personal violence proceedings (see r 3802) and workers compensation proceedings (see r 3903).
The Magistrates Court includes the Childrens Court (see Magistrates Court Act 1930, s 287).
However, this chapter applies to a criminal proceeding, forensic proceeding or appellate proceeding only as far as a territory law provides that it applies.
Criminal proceeding and appellate proceeding are defined in the dictionary.
Forensic proceeding is defined in rule 4800.
Ch 4 deals with criminal and forensic proceedings and ch 5 deals with appellate proceedings.
A territory law includes these rules or a provision of these rules (see Legislation Act, s 98 and s 97 (1), def ACT law).
Also, this chapter does not apply to another proceeding as far as—
this chapter provides that it does not apply to the proceeding; or
chapter 3 (Particular civil proceedings) provides that this chapter does not apply to the proceeding or otherwise makes provision for the proceeding inconsistent with this chapter; or
another territory law (including another provision of these rules) provides that this chapter does not apply to the proceeding.
Ch 6 has provisions applying to all proceedings (see r 6000 (Application—ch 6).
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