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These rules are the Court Procedures Rules 2006.
The note to this rule provides a general overview of these rules.
Note on general overview of rules
Chapter 1 Preliminary
Ch 1 deals with the application of these rules and dispensing with compliance. It also contains formal provisions.
Chapter 2 Civil proceedings generally
Ch 2 contains rules about civil proceedings generally, including the steps in a civil proceeding eg how to start a civil proceeding.
Chapter 3 Particular civil proceedings
Ch 3 contains rules about particular civil proceedings, eg adoption proceedings and administration and probate proceedings in the Supreme Court.
Chapter 4 Criminal proceedings
Ch 4 contains rules about criminal proceedings, including the steps in a criminal proceeding eg arraignments.
Chapter 5 Appellate proceedings
Ch 5 contains rules about appellate proceedings, including the steps in an appellate proceeding eg when appeal papers must be filed.
Chapter 6 General rules for all proceedings
Ch 6 contains general rules that apply to all proceedings, eg rules about service and documents.
Chapter 7 Transitional
Ch 7 deals with the application of these rules to existing proceedings and contains other transitional provisions.
Schedule 1 Expert witness code of conduct
Sch 1 sets out the code of conduct applying to expert witnesses.
Schedule 2 Interest rates
Sch 2 sets out the interest rates applying to judgments.
Schedule 3 Costs amount—debts and liquidated claims
Sch 3 sets up the prescribed costs amount for claims for debts and liquidated demands and for default judgments.
Schedule 4 Scale of costs
Sch 4 sets out the scale of costs.
Schedule 5 Jurisdiction of registrar
Sch 5 contains provisions about the jurisdiction of the registrar (see also pt 6.5).
Schedule 6 Corporations Rules
Sch 6 contains rules for proceedings under the corporations law.
Dictionary
The dictionary defines certain terms used in these rules.
Unless a territory law otherwise provides, these rules apply to all proceedings in the Supreme Court and Magistrates Court.
Note A territory law includes these rules (see Legislation Act, s 98).
Also, a provision of these rules mentioned in an item in the following table, column 2 does not apply to a proceeding in the Supreme Court until the provision mentioned in the item, column 3 is repealed or otherwise ceases to apply for the purpose of proceedings in that court.
Table 4.1 Provisions with delayed application to Supreme Court proceedings
column 1
item
column 2
provision of these rules
column 3
provision of other law
1
division 2.11.7 (Mediation and neutral evaluation)
Civil Law (Wrongs) Act 2002, part 15.1 (Mediation and neutral evaluation)
Subrule (2) (including table 4.1) and this subrule expire on the day the last of the provisions mentioned in the table, column 3 is repealed or otherwise ceases to apply for the purpose of proceedings in the Supreme Court.
In a provision of these rules, a reference to the court is a reference to the Supreme Court, the Magistrates Court or both, whichever is appropriate in the context of the provision.
For the exercise of jurisdiction given to the registrar under a territory law, a reference to the court in these rules includes a reference to the registrar.
Pt 6.5 deals with the jurisdiction of the registrar (see also sch 5).
In these rules, a reference to a judicial officer is a reference to—
in relation to the Supreme Court—any of the following:
a judge;
as far as these rules provide for the exercise of the court’s jurisdiction by the registrar, the registrar; and
in relation to the Magistrates Court—any of the following:
a magistrate;
as far as these rules provide for the exercise of the court’s jurisdiction by the registrar, the registrar.
In these rules, a reference to the registrar in relation to a court is a reference to the registrar or a deputy registrar of the court.
In a provision of these rules, a reference to the deputy registrar is a reference to a deputy registrar of the Supreme Court or a deputy registrar of the Magistrates Court, whichever is appropriate in the context of the provision.
In a provision of these rules, a reference to the registry is a reference to the registry of the Supreme Court or Magistrates Court, whichever is appropriate in the context of the provision.
The court may, by order, dispense with the application of a provision of these rules to a particular proceeding, before or after the provision applies and on any conditions it considers appropriate.
Examples
1 Rule 111 (5) (Conditional notice of intention to respond) provides that, not later than 14 days after the day a conditional notice of intention to respond becomes an unconditional notice of intention to respond, the defendant must file a defence. The court may order that the defendant must file the defence not later than 21 days instead.
2 Rule 6009 (Application in proceeding—filing and service of supporting material) requires the supporting material for an application in a proceeding to be filed and served with the application. The court may order that the applicant may file the supporting material at time other than when the application is filed.
3 Rule 6350 (3) (Time—certain days excluded in working out) provides that any day in the period beginning on 25 December and ending on 1 January is excluded in working out when a thing must or may be, or is, done. In an urgent matter, the court may order that those days are not excluded when working out when a document is served.
If an application for an order under this rule in relation to a proceeding is made during the proceeding or after judgment is given in the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).
Without limiting rule 6016 (Application in proceeding—oral application), an application for a decision or order under this rule may be made orally, unless the court otherwise orders on its own initiative.
For the Supreme Court, if an application for an order under this rule in relation to a proceeding is made before the proceeding starts, the application must be made by originating application.
An express reference in a provision of these rules to the court dispensing with the application (however expressed) of a provision of these rules (an affected provision) does not, by implication, limit the operation of this rule to the affected provision or to any other provision of these rules.
The dictionary at the end of these rules is part of these rules.
The 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 ‘earnings redirection order—see rule 2350.’ means that the term ‘earnings redirection order’ is defined in that rule.
A definition in the dictionary (including a signpost definition) applies to the entire rules unless the definition, or another provision of these rules, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
A note included in these rules is explanatory and is not part of these rules.
See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
For a proceeding (other than an application in the proceeding or a proceeding on a counterclaim or third-party notice)—
a reference in these rules to the plaintiff is a reference to the party claiming relief; and
a reference in these rules to the defendant is a reference to the party against whom relief is sought or who otherwise responds to the originating process.
Third-party notice includes a fourth-party notice, a fifth-party notice etc (see r 322 (2) (c)).
Rule 6007 (Application in proceeding—contents) requires an application in a proceeding to identify the person making the application and each person against whom relief is sought.
For a proceeding on a counterclaim or third-party notice (the process)—
a reference in these rules to the plaintiff includes a reference to the party who files and serves the process; and
a reference in these rules to the defendant includes a reference to the person on whom the process is served.
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).
An individual may start and carry on a proceeding in the court—
in person; or
by a solicitor acting for the individual.
Rule 275 (1) (Person with legal disability—litigation guardian to start proceeding etc) provides that a person with a legal disability may start or defend, and carry on, a proceeding only by the person’s litigation guardian.
However, a relator may only start and carry on a proceeding by a solicitor acting for the relator.
A relator is a person who starts and carries on a proceeding in the Attorney-General’s name. A person may bring a proceeding as relator with the Attorney-General’s permission (or fiat) where the proceeding involves the public interest and the person would otherwise not have standing to bring the proceeding.
A solicitor may act for a relator in a proceeding only if—
the relator has given the solicitor written authority to act in the proceeding; and
the authority is filed in the court.
A corporation may start and carry on a proceeding in the Supreme Court—
by a solicitor acting for the corporation; or
with the court’s leave, by an officer or employee of the corporation authorised by the corporation to represent it.
If an application for leave under subrule (4) is made during the proceeding or after judgment is given in the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).
For the Supreme Court, if an application for leave under subrule (4) is made before the proceeding starts, the application must be made by originating application.
A corporation may start and carry on a proceeding in the Magistrates Court—
by a solicitor acting for the corporation; or
by an officer or employee of the corporation authorised by the corporation to represent it.
An officer or employee mentioned in subrule (7) must file with the first document that is filed in the court for the corporation in the proceeding—
an affidavit stating—
the position the person holds in the corporation; and
that the person has been authorised by the corporation to represent the corporation in the proceeding; and
that the authority has not been revoked; and
that the person is aware that the person may be liable to pay some or all of the costs of the proceeding; and
a copy of an instrument authorising, or evidencing the authorisation of, the person to represent the corporation in the proceeding.
An instrument is defined in the Legislation Act, s 14 as any writing or other document. Writing and document are defined in the Legislation Act, dict, pt 1.
A proceeding may be started by an originating claim or originating application in accordance with these rules.
An application in a proceeding is not an originating process.
An originating process means an originating claim or originating application (see dict). An application in a proceeding is defined in r 6006 to include an application to the court about the proceeding.
A proceeding started by an originating process starts on the day the originating process for the proceeding is filed.
Rule 6145 (5) (Filed documents initially rejected) provides that, if a document is rejected by the registrar, it is taken to have been filed on the day it was first filed.
Rule 301 deals with when a third-party proceeding starts.
However, if a proceeding is started by oral originating application under rule 37 (When oral originating application may be made in Supreme Court), the proceeding starts on the day the oral originating application is made.
For this rule, it does not matter—
that the originating process later ceases to be valid for service or is renewed under rule 74 (Originating process—duration and renewal); or
that the proceeding started by the originating process is later dismissed under rule 75 (When proceeding taken to be dismissed); or
that the proceeding started by the originating process is reinstated under rule 76 (Reinstating dismissed proceeding).