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r 4.04

Commencement of proceedings

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Part 1General

4.04 Commencement of proceedings

(1)

Subject to paragraphs (1A) and (1B), a civil proceeding must be commenced by the filing of a complaint at the proper venue of the Court.

(1A)

A proceeding under the Workers Compensation Act 1958, the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 must be commenced by the filing of a complaint at the venue of the Court specified in Appendix B.

(1B)

A proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies must be commenced by the filing of a complaint at a venue of the Court specified in Appendix C that is nearest to—

(a)

the place where the subject matter of the complaint arose; or

(b)

the place of residence of the defendant.

(2)

Filing may be effected by—

(a)

filing at the office of the Court at that venue; or

Rule 4.04(2)(b) substituted by S.R. No. 102/2022 rule 5(1).

(b)

filing electronically.

Rule 4.04(3) inserted by S.R. No. 102/2022 rule 5(2).

(3)

A complaint filed electronically may be processed by CMS.

4.05–4.07 * * * * *

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