Australian Capital Territory
Court Procedures Act 2004    
A2004-59
Republication No 7
Effective:  1 July 2006 – 1 July 2006
Republication date: 1 July 2006
Last amendment made by A2006-25

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Court Procedures Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 1 July 2006.  
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 www.legislation.act.gov.au):
•	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 includes 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.

Australian Capital Territory
Court Procedures Act 2004

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Objects of Act	2
Part 2	Court rules and forms
	6	Definition for pt 2 and sch 1	4
	7	Rule-making power	4
	8	Approved forms	5
	9	Rule-making committee	5
	10	Delegation by Chief Justice, President and Chief Magistrate	6
	11	Advisory committee	7
Part 3	Court and tribunal fees
	12	Definitions—pt 3	9
	13	Determination of fees	10
	14	Payment of fees	11
	15	Remission, refund, deferral, waiver and exemption of fees	12
	16	Recovery of fees in civil proceedings if fees not otherwise payable	14
	17	Recovery of fees in criminal proceedings if fees not otherwise payable	15
	18	Review of decisions	15
Part 4	Crown proceedings
Division 4.1	Preliminary
	20	Definitions—pt 4	17
Division 4.2	Proceedings by and against Crown generally
	21	Proceedings by and against the Crown generally	17
	22	Immunities and limitations of liability	18
	23	Corresponding laws of States and other Territories	18
	24	Injunctive relief	18
	25	Protection of confidentiality on grounds of public interest	18
	26	Right of Attorneys-General of other jurisdictions to appear in proceedings	19
	27	Right of Attorney-General to intervene in proceedings	19
	28	Court fees and charges	20
	29	Enforcement of judgments against Territory Crown	21
	30	Enforcement of judgments against Crown in right of a State or another Territory	22
	31	Enforcement of judgments by the Crown	22
Division 4.3	Provisions applying only to the Territory
	32	Endorsement etc of originating process	22
	33	Service generally	22
	34	Service of subpoenas etc on Ministers	23
	35	Representation if right to legal representation restricted	23
Division 4.4	Other provisions
	36	Exclusion of certain proceedings	24
	37	Regulations for pt 4	25
Part 5	Court security
	40	Definitions—pt 5	26
	41	Right of entry etc to court premises	28
	42	Powers under part additional to other powers	29
	43	Security officer to be identified before exercising powers	30
	44	Person may be required to state name etc	30
	45	Searches	31
	46	Seizure and forfeiture of firearms etc	32
	47	Security officer may require thing that may hide firearms etc to be left	32
	48	Unlawful, disorderly conduct etc	32
	49	Contravention of requirement of security officer	33
	50	Judge or magistrate may close court premises	34
	51	Security officers	35
	52	Identity cards for security officers	36
Part 6	Publication of evidence
	53	Application—pt 6	38
	54	Prohibition of publication of evidence etc	38
	55	Noncompliance with s 54 order	39
Part 7	Examination of witnesses outside the ACT but in Australia
	56	Application—pt 7	40
	57	Definitions—pt 7	40
	58	Supreme Court proceedings	40
	59	Inferior court proceedings	42
	60	Other proceedings	43
	61	Variation or revocation of orders	44
	62	Exclusion of evidence in criminal proceeding	45
	63	Operation of other laws	45
Part 8	Taking evidence for foreign and Australian courts
	64	Definitions—pt 8	46
	65	Power of Supreme Court	46
	66	Privilege of witnesses	48
	67	Operation of other laws	48
	68	Rules for pt 8	48
Part 9	Miscellaneous
	80	Assignment of earnings not enforceable	50
	81	Delegation by secretary of rule-making committee	50
	82	Regulation-making power	51
Part 10	Temporary provisions
Division 10.1	General
	100	Expiry of existing rules	52
	101	References to Magistrates Court (Civil Jurisdiction) Act etc	52
Division 10.2	Arrest on mesne process
	102	Meaning of capias for div 10.2	54
	103	No arrest on mesne process except under div 10.2	54
	104	Order to hold to bail	54
	105	Issue of writ of capias	55
	106	Execution of writ	55
	107	Order and arrest to be during pendency of action	55
	108	Defendant to remain in custody until bail bond given or deposit made	55
	109	Subsequent proceedings subject to rules of court	56
	110	Application for order nisi for discharge	56
	111	Proceedings on order nisi	56
	112	Appeal	56
	113	Discharge on bankruptcy	56
	114	Expiry—div 10.2	57
Division 10.3	Attachment of earnings
	115	Definitions—div 10.3	57
	116	Limitation on attachment of wages	57
	117	Expiry of div 10.3	58
Division 10.4	Stay of proceedings
	118	Stay of proceedings	58
	119	Stay of execution	59
	120	Rescission or variation of previous direction or order	59
	121	Expiry of div 10.4	59
Division 10.5	Set-off of debts
	122	Mutual debts to be set one against the other	60
	123	Exception	60
	124	Expiry of div 10.5	61
Division 10.6	Judgment creditors remedies
	125	Limitation of arrest under ca. sa.	61
	126	Fraudulent concealment or intended departure	61
	127	Exception for certain actions	61
	128	Ca. sa. to fix bail	61
	129	Liability for escape	62
	130	Discharge of judgment debtor on authority of lawyer	62
	131	Ca. sa. may be executed on Sunday	62
	132	Expiry of div 10.6	62
Division 10.7	Supreme Court
	133	Exercise of jurisdiction by registrar	63
	134	Costs	63
	135	Date of process	64
	139	Expiry of div 10.7	64
Division 10.8	Business names—starting legal proceedings
	140	Effect of certain contraventions of Business Names Act on legal proceedings	64
	141	Expiry of div 10.8	65
Part 11	Transitional
	150	Modification of pt 11’s operation	66
	151	Expiry of pt 11	66
Schedule 1	Subject matter for rules	67
Part 1.1	General	67
	1	Jurisdiction	67
	2	Service of documents	67
	3	Evidence	67
	4	Certain proceedings	68
	5	Admission of lawyers	68
	6	Miscellaneous	68
Part 1.2	Civil proceedings	70
	7	Beginning proceedings	70
	8	Transfer between courts	70
	9	Parties and proceedings	70
	10	Appearance	70
	11	Pleadings	71
	12	Disclosure	71
	13	Preservation of rights and property	71
	14	Ending proceedings early	72
	15	Court supervision	72
	16	Expert evidence	72
	17	Trials and other hearings	73
	18	Judgments	73
	19	Particular proceedings	73
	20	Interest	74
	21	Administration and probate	74
	22	Adoption	74
	23	Arbitration	74
	24	Contempt of court	74
	25	Trusts	75
	26	Costs	75
	27	Appeals	75
	28	Enforcement of judgments	75
	29	Reciprocal enforcement of foreign judgments	76
Part 1.3	Criminal proceedings	77
	30	Practice and procedure in criminal jurisdiction	77
Dictionary		79
Endnotes
	1	About the endnotes	82
	2	Abbreviation key	82
	3	Legislation history	83
	4	Amendment history	83
	5	Earlier republications	96

Australian Capital Territory
Court Procedures Act 2004

An Act to provide for certain matters relating to courts and tribunals, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Court Procedures Act 2004.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘fee, for part 3 (Court and tribunal fees)—see section 12.’ means that the term ‘fee’ is defined in that section for part 3.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Objects of Act
	(1)	The objects of this Act include—
	(a)	recognising the importance of court procedures in our system of justice; and
	(b)	facilitating cooperation between ACT courts in the common goals of—
	(i)	improved access to justice through the development of procedures that are, as far as practicable, the same for all ACT courts; and
	(ii)	better court procedures.
	(2)	In this section:
court includes a tribunal that is a prescribed tribunal under section 6.

Part 2	Court rules and forms
6	Definition for pt 2 and sch 1
In this part and schedule 1:
prescribed tribunal means a tribunal prescribed by regulation for this part.
7	Rule-making power
	(1)	The rule-making committee may make rules in relation to the following:
	(a)	the practice and procedure of ACT courts, prescribed tribunals and their registries;
	(b)	anything else mentioned in schedule 1 (Subject matter for rules).
Note 1	The power to make rules for a court or tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the court or tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the court or tribunal (see Legislation Act, s 45 (Power to make court rules)).
Note 2	A rule must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A rule is taken to be made by the rule-making committee if it is signed by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (d) or (e).
	(3)	This section does not limit any inherent or other power of a court, judge, magistrate or prescribed tribunal to control proceedings.
8	Approved forms
	(1)	The rule-making committee may, in writing, approve forms—
	(a)	for this Act; or
	(b)	for use in or in relation to ACT courts, prescribed tribunals and their registries.
	(2)	If the rule-making committee approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	A form is taken to be approved by the rule-making committee if it is approved by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (d) or (e).
	(4)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
9	Rule-making committee
	(1)	A rule-making committee is established.
	(2)	The rule-making committee consists of the following members:
	(a)	the Chief Justice;
Note	The Chief Justice may delegate this function to a resident judge (see s 10).
	(b)	the President of the Court of Appeal or, if the President and Chief Justice are the same person, a resident judge appointed by the Chief Justice;
Note 1	The President may delegate this function to a resident judge (see s 10).
Note 2	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
	(c)	another resident judge appointed by the Chief Justice or, if no appointment is made, the master;
	(d)	the Chief Magistrate;
Note	The Chief Magistrate may delegate this function to a magistrate (see s 10).
	(e)	another magistrate appointed by the Chief Magistrate.
	(3)	The rule-making committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way.
	(4)	The Chief Justice is the chairperson of the rule-making committee.
	(5)	However, if the Chief Justice is not personally present at a meeting of the rule-making committee, the President is to chair the meeting if personally present at the meeting.
	(6)	Also, if the Chief Justice and the President are not personally present at a meeting of the rule-making committee, the member present chosen by the committee is to chair the meeting.
	(7)	The Chief Justice must approve a public servant as secretary of the rule-making committee.
10	Delegation by Chief Justice, President and Chief Magistrate
	(1)	The Chief Justice may delegate a function under this part to a resident judge.
	(2)	The President of the Court of Appeal may delegate a function under this part to a resident judge.
	(3)	The Chief Magistrate may delegate a function under this part to a magistrate.
	(4)	However, the Chief Justice, the President or the Chief Magistrate may not delegate the function of being a member of the rule-making committee to a person who is already a member of the committee because of an appointment under section 9 (2).
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.  In particular, the delegation may have effect only in stated circumstances, eg if the appointer is away from the ACT.
11	Advisory committee
	(1)	An advisory committee is established.
	(2)	The advisory committee consists of the following members:
	(a)	a resident judge appointed by the Chief Justice;
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
	(b)	the master;
	(c)	2 magistrates appointed by the Chief Magistrate;
	(d)	the registrar of the Supreme Court;
	(e)	the registrar of the Magistrates Court;
	(f)	a person appointed by the Australian Capital Territory Bar Association to represent the association;
	(g)	a person appointed by the Law Society of the Australian Capital Territory to represent the society;
	(h)	the director of public prosecutions;
	(i)	the parliamentary counsel;
	(j)	a public servant appointed by the chief executive;
	(k)	the secretary of the rule-making committee.
	(3)	The functions of the advisory committee are to—
	(a)	initiate, consider, develop, and advise the rule-making committee on, proposals for making rules and approving forms under this Act; and
	(b)	make recommendations to the rule-making committee about the making of rules and approving of forms under this Act.
	(4)	The advisory committee must consider, and advise the rule-making committee on, proposals for making rules and approving forms under this Act that are referred to it by the rule-making committee.
	(5)	The advisory committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way.
	(6)	The resident judge mentioned in subsection (2) (a) is the chairperson of the advisory committee.
	(7)	However, if the resident judge is not present at a meeting of the advisory committee, the master is to chair the meeting if present at the meeting.
	(8)	Also, if the resident judge and the master are not present at a meeting of the advisory committee, the member present chosen by the committee is to chair the meeting.

Part 3	Court and tribunal fees
12	Definitions—pt 3
In this part:
determined fee means a fee determined under this part.
essential services consumer council means the Essential Services Consumer Council established under the Utilities Act 2000, section 169.
fee includes a charge and a tax.
relevant legislation means any of the following:
	(a)	the Administrative Appeals Tribunal Act 1989;
	(b)	the Consumer and Trader Tribunal Act 2003;
	(c)	the Consumer Credit (Administration) Act 1996;
	(d)	the Coroners Act 1997;
	(e)	this Act;
	(f)	the Discrimination Act 1991;
	(g)	the Leases (Commercial and Retail) Act 2001;
	(h)	the Magistrates Court Act 1930;
	(i)	the Residential Tenancies Act 1997;
	(j)	the Supreme Court Act 1933;
	(k)	the Utilities Act 2000, part 11;
	(l)	any other legislation prescribed by regulation for this definition.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
tribunal means any of the following:
	(a)	the administrative appeals tribunal;
	(b)	the consumer and trader tribunal;
	(c)	the credit tribunal;
	(d)	the discrimination tribunal;
	(e)	the essential services consumer council;
	(f)	the residential tenancies tribunal.
13	Determination of fees
	(1)	The Minister may, in writing, determine fees for any of the following purposes:
	(a)	proceedings in a court or tribunal, and matters incidental to the proceedings, including—
	(i)	for the Supreme Court—the admission and enrolment of lawyers; and
	(ii)	the service and execution of the process of a court or tribunal; and
	(iii)	the taxation of costs by the registrar or other officers of a court or tribunal;
	(b)	facilities and services provided by the court or tribunal, including the service and execution of the process of a court of the Commonwealth, a State, another Territory or a foreign country;
	(c)	the general purposes of relevant legislation.
Note 1	The Legislation Act contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3).
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).
	(2)	A determination under subsection (1) may provide for any of the following matters:
	(a)	exempting people from liability to pay determined fees, completely or partly, in all or particular circumstances;
	(b)	remitting, refunding or waiving, by a registrar of a court or tribunal, determined fees, completely or partly, in particular circumstances;
	(c)	deferring, by a registrar of a court or tribunal, liability to pay determined fees, completely or partly, in particular circumstances.
	(3)	A determination under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
14	Payment of fees
	(1)	A determined fee is payable, in advance, in accordance with the determination that determined the fee, but subject to this section.
	(2)	A determined fee is payable on notice from the registrar of the court or tribunal if it is worked out by reference to expenses actually incurred in exercising the function, or in providing the facility or service, for which the fee is payable.
15	Remission, refund, deferral, waiver and exemption of fees
	(1)	A determined fee may be remitted or refunded, or liability for its payment deferred, in accordance with the determination that determined the fee.
	(2)	A determined fee is not payable—
	(a)	if the person otherwise liable to pay the fee or charge is—
	(i)	exempt from liability to pay the fee under the determination that determined the fee; or
	(ii)	exempt from paying the fee under the Legal Aid Act 1977, section 93 (1) (Exemption from fees and taxes); or
	(iii)	legally assisted under a scheme or service provided or approved by the Attorney-General; or
	(b)	if the registrar of the court or tribunal waives payment by a person of the fee completely or partly because the registrar considers that payment of the fee would impose hardship on the person—to the extent of the waiver; or
	(c)	for lodging a document, or for the service and execution of process, in relation to a proceeding in the Supreme Court—
	(i)	in a criminal matter, including an appeal; or
	(ii)	under the Coroners Act 1997; or
	(iii)	under the Legal Profession Act 2006, chapter 4 (Complaints and discipline); or
	(iv)	under any of the following Acts:
	(A)	the Adoption Act 1993;
	(B)	the Children and Young People Act 1999; 
	(C)	the Domestic Violence and Protection Orders Act 2001;
	(D)	the Guardianship and Management of Property Act 1991; 
	(E)	the Mental Health (Treatment and Care) Act 1994; 
	(F)	the Testamentary Guardianship Act 1984;
	(v)	on appeals in relation to the following matters:
	(A)	a matter under the Children and Young People Act 1999;
	(B)	a matter under the Mental Health (Treatment and Care) Act 1994;
	(C)	a decision of the Guardianship and Management of Property Tribunal; or
	(vi)	on a matter that has been remitted to the court by the High Court under the Judiciary Act 1903 (Cwlth), section 44; or
	(vii)	in relation to which a convention to which Australia is a party provides that a fee is not to be payable; or
	(viii)	on an application to the court for an extension of the time within which a proceeding may be begun; or
	(ix)	on an application mentioned in the Juries Act 1967, section 24 (10), section 26A (2) or section 51A (3); or
	(d)	for the laying of an information in the Magistrates Court—
	(i)	by the director of public prosecutions acting in the exercise of an official function under a territory law; or
	(ii)	by a police officer acting in the exercise of an official function under a territory law; or
	(iii)	for an offence against the Magistrates Court Act 1930, section 290 (Contempt in face of court); or
	(e)	if it is not payable under another provision of this Act or another territory law.
Note	The Territory Crown is not liable to pay a determined fee in a civil proceeding (see s 28 (Court fees and charges)).
	(3)	If the administrative appeals tribunal is satisfied that a proceeding ends in a way that is favourable to an applicant for a review by the tribunal of a decision, it may order another party to the proceeding to pay the amount of the application fee to the applicant.
	(4)	This section is subject to section 16 and section 17.
16	Recovery of fees in civil proceedings if fees not otherwise payable
	(1)	This section applies in relation to a civil proceeding in the Supreme Court or the Magistrates Court, or a proceeding in a tribunal, between at least 2 parties (the first party and the second party), if—
	(a)	a filing fee, or a fee for the service and execution of process, otherwise payable by the first party is—
	(i)	not payable, completely or partly, because of the exemption of the first party under this part; or
	(ii)	remitted, refunded or waived, completely or partly, under this part; and
	(b)	judgment is given or entered, or an order is made, in favour of the first party; and
	(c)	the first party’s costs are payable by the second party.
	(2)	If this section applies, the second party must pay to the registrar of the court or tribunal the amount of the fee exempted, remitted, refunded or waived.
17	Recovery of fees in criminal proceedings if fees not otherwise payable
	(1)	This section applies in relation to a criminal proceeding in the Magistrates Court if—
	(a)	the fee (the information fee) that would otherwise be payable by the informant for the laying of the information in the proceeding is not payable, completely or partly, under this part; and
	(b)	the defendant is convicted of the offence alleged in the information and ordered to pay a fine.
	(2)	If this section applies, the defendant must pay to the registrar of the Magistrates Court, in addition to the fine—
	(a)	if payment of the fee is waived in part under this part—the amount of the fee waived; or
	(b)	in any other case—the information fee.
18	Review of decisions
	(1)	This section applies to any of the following decisions made under this part by the registrar of a court or tribunal in relation to a person (the eligible person):
	(a)	a decision refusing to remit, completely or partly, a determined fee payable by the person;
	(b)	a decision refusing to refund, completely or partly, a determined fee paid by the person;
	(c)	a decision refusing to defer, completely or partly, the person’s liability to pay a determined fee;
	(d)	a decision refusing to waive, completely or partly, payment of a determined fee by the person;
	(e)	a decision refusing to allow the person the benefit of an exemption to pay a determined fee.
	(2)	If the registrar makes a decision to which this section applies, the registrar must give written notice of the decision to the eligible person.
	(3)	The notice must tell the eligible person that the person may—
	(a)	apply to the registrar for a statement of reasons for the decision; and
	(b)	apply for review of the decision under this section.
	(4)	The eligible person may apply to the registrar for a statement of reasons for the decision within 28 days after the day when the person is given notice of the decision by the registrar.
	(5)	The eligible person may apply to the court or tribunal for review of the decision within—
	(a)	28 days after the day the person is given notice of the decision by the registrar; or
	(b)	if the person applies within the 28 days for a statement of reasons for the decision—28 days after the day when the person is given the statement of reasons.
	(6)	For the review, the court or tribunal—
	(a)	must be constituted by—
	(i)	for the Supreme Court—a judge or the master; or
	(ii)	for the Magistrates Court—a magistrate; or
	(iii)	for a tribunal—a member of the tribunal; and
	(b)	may make the orders the court or tribunal considers appropriate.
	(7)	A fee is not payable for an application under this section.

Part 4	Crown proceedings
Division 4.1	Preliminary
20	Definitions—pt 4
In this part:
corresponding law means a law of a State or another Territory that is declared by regulation to be a law that corresponds to this part.
Crown includes a Minister, instrumentality or agency of the Crown and a person prescribed by regulation.
judgment means any judgment or order of a court.
proceeding means civil proceeding.
Territory Crown means the Crown in right of the Territory.
the Territory includes a Minister, instrumentality or agency of the Territory and a person prescribed by regulation.
Division 4.2	Proceedings by and against Crown generally
21	Proceedings by and against the Crown generally
	(1)	Subject to this part and any relevant rules of court and subject to the Judiciary Act 1903 (Cwlth)—
	(a)	a proceeding may be brought by or against the Crown in the same way as a proceeding between subjects; and 
	(b)	the same procedural and substantive law applies to such a proceeding as in a proceeding between subjects.
	(2)	Subject to the regulations, a proceeding may be brought by or against the Crown—
	(a)	for the Territory Crown—under the name of the ‘Australian Capital Territory’; or
	(b)	in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.
	(3)	In this section:
proceeding, against the Crown, includes a proceeding to attach earnings or other debts owing or accruing from the Territory Crown to someone else.
22	Immunities and limitations of liability
This division does not affect any immunity from, or limitation on, liability that the Crown enjoys by statute.
23	Corresponding laws of States and other Territories
The corresponding law of each State and other Territory binds the Crown in right of the Australian Capital Territory.
24	Injunctive relief
	(1)	Injunctive relief may be granted against the Crown.
	(2)	However, subject to the Administrative Decisions (Judicial Review) Act 1989, section 17 (1), a mandatory injunction cannot be made against the Crown.
25	Protection of confidentiality on grounds of public interest
This division does not affect any rule of law under which a person may refuse to discover or produce documents, or to answer an interrogatory or other question, on the ground that to do so would be prejudicial to the public interest.
26	Right of Attorneys-General of other jurisdictions to appear in proceedings
	(1)	The Attorney-General of the Commonwealth may, on behalf of the Commonwealth, represent the Crown in right of the Commonwealth in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the Commonwealth is a party. 
	(2)	The Attorney-General of a State or another Territory may, on behalf of the State or other Territory, represent the Crown in right of the State or other Territory in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the State or other Territory is a party.
27	Right of Attorney-General to intervene in proceedings
	(1)	This section applies if any of the following are in issue in a proceeding:
	(a)	the interpretation or validity of a law of the Territory or Commonwealth;
	(b)	legislative or executive powers of the Territory or Commonwealth, or an instrumentality or agency of the Territory or Commonwealth;
	(c)	judicial powers of a court or tribunal established under the law of the Territory or Commonwealth.
	(2)	The Attorney-General may intervene in the proceeding, on behalf of the Crown, to submit argument on the issue.
	(3)	If the Attorney-General intervenes in a proceeding under this section, the Attorney-General has the same right of appeal in the proceeding as a party to the proceeding.
	(4)	If the Attorney-General intervenes in a proceeding under this section, and there are in the opinion of the court special reasons for making an order under this subsection, the court may make an order for costs against the Crown to reimburse the parties to the proceeding for costs occasioned by the intervention. 
	(5)	In this section:
Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.
Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.
28	Court fees and charges
	(1)	The Territory Crown is not required to pay any court fee or charge in any proceeding.
	(2)	Any costs to which the Territory Crown is entitled must be calculated as if the Territory Crown were liable to pay, and had in fact paid, fees and charges from which it is exempt under subsection (1).
	(3)	In this section:
carries on business does not include imposing or collecting—
	(a)	taxes; or
	(b)	levies; or
	(c)	fees for licences, permits or any other form of authority.
territory authority means a corporation established under an Act, but does not include a body declared under the Financial Management Act 1996, section 3B not to be a territory authority. 
Territory Crown does not include a territory authority so far as the authority carries on business.
29	Enforcement of judgments against Territory Crown
	(1)	A writ or similar process must not be issued out of any court to enforce a judgment against the Territory Crown.
	(2)	If—
	(a)	a final judgment is given against the Territory Crown; and
	(b)	the judgment has not been paid; and
	(c)	the judgment has not been appealed against or stayed (or, if it has, the appeal has been disallowed or discontinued or the stay has been removed); and
	(d)	at least 21 days have elapsed since the judgment was given;
the party in whose favour the judgment was given may give a copy of the judgment to the Treasurer.
	(3)	If the Treasurer receives a copy of a final judgment under subsection (2), the Treasurer must give directions about how the judgment is to be paid unless the Treasurer is satisfied that the judgment can be, or has been, paid in another way.
	(4)	A direction under this section that requires payment of public money of the Territory operates to authorise payment of the money.
	(5)	The Financial Management Act 1996, section 6 (Necessity for appropriation) does not apply to a payment made in accordance with a direction under this section.
	(6)	A direction under this section that requires payment of an amount from the funds of a territory authority or instrumentality provides sufficient authority for the payment.
	(7)	In this section:
Territory Crown—see section 28 (3).
30	Enforcement of judgments against Crown in right of a State or another Territory
	(1)	A writ or similar process must not be issued out of any ACT court to enforce a judgment against the Crown in right of a State or another Territory.
	(2)	If a final judgment is given by an ACT court against the Crown in right of a State or another Territory, the court must give a copy of the judgment to the Governor or Administrator of the State or Territory.
31	Enforcement of judgments by the Crown
Subject to this part and any relevant rules of court, a judgment recovered by the Crown may be enforced in the same way as a judgment in a proceeding between subjects, and not in any other way.
Division 4.3	Provisions applying only to the Territory
32	Endorsement etc of originating process
	(1)	If a proceeding is brought against the Territory, a statement containing the information prescribed by regulation (if any) must be endorsed on, or annexed to, the process by which the proceeding is begun.
	(2)	A failure to comply with subsection (1) does not render a proceeding void unless the court is of the opinion that the Territory has been prejudiced by that failure.
33	Service generally
	(1)	Any process or document relating to a proceeding must be served on the Territory by serving the process or document on the chief solicitor.
	(2)	However— 
	(a)	if this part makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and
	(b)	if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Territory in relation to the proceeding—the process or document must be served on that lawyer.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
34	Service of subpoenas etc on Ministers
	(1)	A subpoena or other process issued by a court, tribunal or authority requiring a Minister to appear, in the Minister’s official capacity, to give evidence, or to produce documents, must be given to the chief solicitor for service on the Minister. 
	(2)	The chief solicitor must, on receiving a subpoena or other process mentioned in subsection (1), make reasonable endeavours to serve it on the Minister and must provide proof of service to the court, tribunal or other authority. 
	(3)	The chief solicitor, if unable to serve a subpoena or other process within a reasonable time, must tell the court, tribunal or other authority of the reasons for not being able to effect service and, in that case, the court, tribunal or other authority may direct that service be effected in some other way. 
35	Representation if right to legal representation restricted
	(1)	This section applies to a proceeding if—
	(a)	the Territory or Attorney-General is a party to the proceeding; and
	(b)	an Act removes or restricts the right of a party to the proceeding to be represented by a lawyer.
	(2)	The Territory or Attorney-General may be represented by a public servant (other than a lawyer, articled clerk or person who holds legal qualifications under a territory law or the law of another place) who is authorised to conduct the proceeding on behalf of the Territory or Attorney-General.
	(3)	In the proceeding, a document apparently signed by a relevant person that appears to be an authorisation under subsection (2) must be accepted as an authorisation in the absence of evidence to the contrary.
	(4)	In this section:
relevant person means—
	(a)	a Minister; or
	(b)	a chief executive; or
	(c)	the chief executive officer of a territory agency or instrumentality.
Division 4.4	Other provisions
36	Exclusion of certain proceedings
This part does not affect—
	(a)	any proceeding for the recovery or enforcement of a fine, penalty or forfeiture (including the escheatment of a recognisance) imposed in a criminal proceeding; or
	(b)	any law, custom or procedure under which the Attorney‑General is entitled or liable to sue, or be sued, or intervene in a proceeding, on behalf of the Crown, on the relation, or on behalf of, any other person or people or in any other capacity or for any other purposes. 
37	Regulations for pt 4
A regulation may make provision in relation to—
	(a)	the details to be stated or to accompany process served on the Territory; and
	(b)	the service of process or other documents under this part.

Part 5	Court security
    
40	Definitions—pt 5
In this part:
assistant sheriff means a person who is appointed under the Supreme Court Act 1933, section 53 (Sheriff’s assistants).
court means—
	(a)	the Supreme Court; or
	(b)	the Magistrates Court; or
	(c)	the Childrens Court; or
	(d)	the Coroner’s Court; or
	(e)	the administrative appeals tribunal; or
	(f)	the consumer and trader tribunal; or
	(g)	the credit tribunal; or
	(h)	the discrimination tribunal; or
	(i)	the guardianship tribunal; or
	(j)	the mental health tribunal; or
	(k)	the residential tenancies tribunal; or
	(l)	a board of inquiry established under the Inquiries Act 1991; or
	(m)	a royal commission established under the Royal Commissions Act 1991; or
	(n)	a judicial commission established under the Judicial Commissions Act 1994; or
	(o)	a court prescribed by regulation; or
	(p)	any other tribunal or entity that is authorised to hear, receive and examine evidence and is prescribed by regulation.
court premises means the premises or place where a court is held or that is used in relation to the operations of a court, and includes—
	(a)	a forecourt, courtyard, yard or area used with court premises; and
	(b)	a part of premises or a place used as an entrance to or exit from court premises.
deputy sheriff means a person who is appointed as a deputy sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointment).
explosive—see the Dangerous Substances Act 2004, section 73.
firearm—see the Firearms Act 1996, section 4.
judge means a judge, or the master, of the Supreme Court, and includes a person prescribed by regulation for this definition.
magistrate includes a person prescribed by regulation for this definition.
offensive weapon means—
	(a)	anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or
	(b)	anything intended for that use by the person who is carrying it or otherwise has it in the person’s possession;
and includes an imitation or replica of an offensive weapon.
screening search means—
	(a)	for a search of a person—a search by equipment designed to conduct the search without touching the person; and
	(b)	for a search of a thing—a search by equipment designed to conduct the search without touching the thing or requiring it to be opened.
security officer means—
	(a)	a police officer; or
	(b)	a sheriff’s officer; or
	(c)	a person who is appointed as a security officer under section 51.
sheriff means the person appointed as the sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointment).
sheriff’s officer means the sheriff, an assistant sheriff or a deputy sheriff.
41	Right of entry etc to court premises
	(1)	A person has a right to enter and remain in an area of court premises that is open to the public if—
	(a)	the person complies with all orders made by a judge or magistrate, whether under this Act or otherwise; and
	(b)	the person complies with all the requirements made under this part by a security officer; and
	(c)	if the person wishes to enter or remain in a courtroom where a court is sitting or about to sit—there is seating for the person in the courtroom.
	(2)	This section is subject to—
	(a)	the Children and Young People Act 1999, section 61 (Proceedings not open to public); and
	(b)	the Consumer Credit (Administration) Act 1996, section 85 (2) (Hearings); and
	(c)	the Discrimination Act 1991, section 92 (2) (Procedure); and
	(d)	the following sections of the Evidence (Miscellaneous Provisions) Act 1991:
·	section 9 (Consequential orders);
·	section 39 (Evidence given in closed court);
·	section 44 (Consequential orders under div 4.3);
·	section 52 (c) (Application for leave under s 51);
·	section 61 (5) (Preliminary examination of protected confidence evidence);
·	section 63 (2) (a) (Ancillary orders for protection of person who made protected confidence); and
	(e)	the Inquiries Act 1991, section 21 (3) (Power to hold); and
	(f)	the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and
	(g)	the Mental Health (Treatment and Care) Act 1994, section 95 (Proceedings to be in private); and
	(h)	the Royal Commissions Act 1991, section 28 (3) (Power to hold); and
	(i)	the inherent jurisdiction of a court to regulate its proceedings; and
	(j)	any other law in force in the ACT about the people who may be present in a court or on court premises.
42	Powers under part additional to other powers
The powers under this part are additional to any other powers that a court, judge, magistrate, police officer, sheriff’s officer or anyone else has apart from this part.
43	Security officer to be identified before exercising powers
	(1)	A security officer who is not a police officer or sheriff’s officer may exercise a power under this part in relation to a person only if—
	(a)	the officer first identifies himself or herself as a security officer if it is practicable to do so; and
	(b)	the officer produces his or her identity card for inspection by the person if the person asks the officer to do so.
	(2)	A security officer who is a police officer or sheriff’s officer and is not in uniform may exercise a power under this part in relation to a person only if—
	(a)	the officer first identifies himself or herself as a police officer or sheriff’s officer if it is practicable to do so; and
	(b)	the officer produces evidence that he or she is a police officer or sheriff’s officer if the person asks the officer to do so.
	(3)	If a security officer fails to comply with this section in relation to a person, the person is not obliged to comply with a requirement made by the officer.
44	Person may be required to state name etc
	(1)	If a security officer believes, on reasonable grounds, that a person entering or on court premises is behaving unlawfully, is behaving in a disorderly or menacing way or is a threat to court security, the security officer may require the person to tell the officer—
	(a)	the person’s name; and
	(b)	the person’s reason for entering or being on the premises.
	(2)	A person must not, without reasonable excuse, fail to tell a security officer the person’s name, or the person’s reason for entering or being on the court premises, when required to do so under subsection (1).
Maximum penalty:  5 penalty units.
	(3)	A person must not give a name, or other information, that is false or misleading in a material particular in purported compliance with a requirement under subsection (1).
Maximum penalty:  20 penalty units.
45	Searches
	(1)	A security officer may require a person entering or on court premises to do any of the following:
	(a)	to undergo a screening search;
	(b)	to allow anything in the person’s possession to be subjected to a screening search;
	(c)	to open and empty out the person’s pockets;
	(d)	to open or empty a briefcase, bag or container (for example, a box or carton) the person is carrying or is otherwise in the person’s possession or allow the security officer to search anything the person is carrying or is otherwise in the person’s possession.
	(2)	A security officer may make a requirement under this section only if the officer believes on reasonable grounds that it is necessary to make the requirement in the interests of court security for the purpose of detecting firearms, explosives or offensive weapons.
	(3)	If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty:  50 penalty units.
	(4)	A security officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is necessary to conduct the search.
46	Seizure and forfeiture of firearms etc
A security officer may seize a firearm, explosive or offensive weapon that a person entering or on court premises is carrying or otherwise has in the person’s possession.
47	Security officer may require thing that may hide firearms etc to be left
	(1)	A security officer may require a person entering or on court premises with anything to leave the thing with the officer if the officer believes on reasonable grounds that the thing may contain a firearm, explosive or offensive weapon or be used as an offensive weapon.
	(2)	If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty:  50 penalty units, 6 months imprisonment or both.
	(3)	If a person leaves something with a security officer under this section, the person is entitled, on request to a security officer, to the return of the thing when the person leaves the court premises.
48	Unlawful, disorderly conduct etc
	(1)	If a security officer believes on reasonable grounds that a person entering or on court premises is behaving unlawfully or in a disorderly or menacing way, the officer may require the person not to enter, or to leave, the court premises.
	(2)	However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
	(3)	For this section, a person is required to attend a court if—
	(a)	the person is a lawyer who is to appear before the court; or
	(b)	the person is a party to a proceeding being heard, or about to be heard, by the court; or
	(c)	the person is required to attend the court by a summons, subpoena or other court process or order; or
	(d)	the person is accompanying a person mentioned in paragraph (a) to (c).
	(4)	A person must not contravene a requirement under this section.
Maximum penalty:  50 penalty units, 6 months imprisonment or both.
49	Contravention of requirement of security officer
	(1)	If a person contravenes a requirement of a security officer under section 44 (Person may be required to state name etc), section 45 (Searches) or section 47 (Security officer may require thing that may hide firearms etc to be left), a security officer may require the person—
	(a)	not to enter the court premises or a part of the court premises; or
	(b)	to immediately leave the court premises or a part of the court premises.
	(2)	However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
	(3)	For this section, a person is required to attend a court if—
	(a)	the person is a lawyer who is to appear before the court; or
	(b)	the person is a party to a proceeding being heard, or about to be heard, by the court; or
	(c)	the person is required to attend the court by a summons, subpoena or other court process or order; or
	(d)	the person is accompanying a person mentioned in paragraph (a) to (c).
	(4)	A person must not contravene a requirement under this section.
Maximum penalty:  50 penalty units.
	(5)	A security officer may prevent a person from entering court premises or a part of court premises in contravention of a requirement under this section or section 48.
	(6)	If a person on court premises contravenes a requirement under this section or section 48, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
50	Judge or magistrate may close court premises
	(1)	If a judge or magistrate considers it necessary for securing order and safety in court premises or a part of court premises, the judge or magistrate may—
	(a)	order members of the public generally, or stated members of the public, to leave the court premises or a part of the court premises; or
	(b)	order members of the public generally, or stated members of the public, not to be admitted to the court premises or a part of the court premises.
	(2)	A person must not contravene an order of a judge or magistrate under this section.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	A security officer may prevent a person from entering court premises or a part of court premises in contravention of an order under this section.
	(4)	If a person on court premises contravenes an order under this section, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
51	Security officers
	(1)	The chief executive may appoint a person (other than a police officer or sheriff’s officer) to be a security officer.
Note 1 	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Each police officer and sheriff’s officer is a security officer (see s 40, def security officer).
	(2)	The chief executive may appoint a person as a security officer only if the chief executive is satisfied the person—
	(a)	holds a security licence; and
	(b)	has not committed an offence against this part or has not been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; and
	(c)	is capable of competently exercising the functions of a security officer under this part.
	(3)	The chief executive may end the appointment of a person as a security officer if—
	(a)	the person ceases to hold a security licence; or
	(b)	the person is not employed by a person holding a master licence under the Security Industry Act 2003; or
	(c)	the person commits an offence against this part or has been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; or
	(d)	the person is not capable of competently exercising the functions of a security officer under this part; or
	(e)	the chief executive and the person agree to the revocation.
Note	A security officer’s appointment also ends if the officer resigns (see Legislation Act, s 210).
	(4)	In this section:
security licence means a licence under the Security Industry Act 2003 that authorises the licensee to patrol, protect, watch or guard property (including cash in transit), whether or not it authorises the licensee to do anything else.
52	Identity cards for security officers
	(1)	The chief executive must issue an identity card to each security officer who is not a police officer or sheriff’s officer.
	(2)	The identity card must—
	(a)	state that the person to whom the card is issued is a security officer for this part; and
	(b)	show—
	(i)	a recent photograph of the person; and
	(ii)	the name of the person; and
	(iii)	the date of issue of the card; and
	(iv)	a date of expiry of the card; and
	(v)	anything else prescribed by regulation.
	(3)	A security officer who is not a police officer or sheriff’s officer must—
	(a)	at all times while on duty at court premises wear the officer’s identity card so it is clearly visible; and
	(b)	produce it for inspection by a person if the person asks the security officer to do so.
Maximum penalty:  1 penalty unit.
	(4)	A person appointed as a security officer who ceases to be a security officer must return the officer’s identity card to the chief executive as soon as practicable, but within 21 days after ceasing to be a security officer.
Maximum penalty:  1 penalty unit.

Part 6	Publication of evidence
53	Application—pt 6
This part applies to a proceeding in the Supreme Court or the Magistrates Court, or to an inquest or inquiry under the Coroners Act 1997.
54	Prohibition of publication of evidence etc
	(1)	If it appears to a court that—
	(a)	the publication of evidence, given or intended to be given, in a proceeding before the court, is likely to prejudice the administration of justice; or
	(b)	in the interests of the administration of justice, it is desirable that the name of a party to, or a witness, or intended witness, in a proceeding before the court be not published; 
the court may, at any time during or after the hearing of the proceeding, make an order—
	(c)	forbidding the publication of the evidence or a specified part of the evidence, or of a report of the evidence, either absolutely or subject to any conditions that the court specifies or for any period that is specified; or
	(d)	forbidding the publication of the name of the party or witness.
	(2)	If a court makes an order under subsection (1), the court may, if it considers appropriate, also direct that people specified by the court, or everyone except people so specified, must remain outside the courtroom for the period that the court specifies.
55	Noncompliance with s 54 order
	(1)	A person who contravenes an order or direction under section 54 commits an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	For section 54 and this section, the publication of a reference or allusion to a party to, or a witness in, a proceeding is, if the reference or allusion is such as to disclose the identity of the party or witness, taken to be a publication of the name of the party or witness.

Part 7	Examination of witnesses outside the ACT but in Australia
56	Application—pt 7
This part applies only in relation to an examination in Australia.
57	Definitions—pt 7
In this part:
examination includes any proceeding for the taking of evidence of a person conducted by a judicial authority of a place outside the ACT in accordance with a letter of request issued under an order made by the Supreme Court under this part.
inferior court means a territory court other than the Supreme Court.
judicial authority, in relation to a place outside the ACT, means a court or person prescribed as a judicial authority for the place.
58	Supreme Court proceedings
	(1)	In any civil or criminal proceeding in the Supreme Court, the court may, if it appears in the interests of justice to do so, make an order—
	(a)	for the examination of a person on oath or affirmation at a place outside the ACT before a judge of the court, an officer of the court or anyone else that the court may appoint; or
	(b)	for the issue of a commission for the examination of a person on oath or affirmation at a place outside the ACT; or
	(c)	for the issue of a letter of request to a judicial authority of a place outside the ACT to take, or to cause to be taken, the evidence of a person.
	(2)	In deciding whether it is in the interests of justice to make an order under subsection (1) in relation to the taking of evidence of a person, the Supreme Court must have regard to—
	(a)	whether the person is willing or able to come to the ACT to give evidence in the proceeding; and
	(b)	whether the person will be able to give evidence material to any issue to be tried in the proceeding; and
	(c) 	whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order.
	(3)	If the Supreme Court makes an order of the kind mentioned in subsection (1) (a) or (b), the court may, then or subsequently, give any directions that it considers just in relation to the place, time and manner of the examination, the procedure to be followed in relation to it, and any other matter that the court considers relevant.
	(4)	If the Supreme Court makes an order of the kind mentioned in subsection (1) (c), the court may include in the order a request about any matter relating to the taking of the evidence, including any of the following matters:
	(a)	the examination, cross-examination or re-examination of the person, whether the evidence is to be given orally, by affidavit or otherwise;
	(b)	the attendance of the lawyer representing each party to the proceeding and the participation of the lawyers in the examination in appropriate circumstances; 
	(c)	any prescribed matter.
	(5)	Subject to subsection (6), the Supreme Court may, on the terms (if any) that it considers just, permit a party to the proceeding to tender as evidence in the proceeding the evidence taken in an examination held under an order under subsection (1) or a record of the evidence.
	(6)	Evidence so tendered is not admissible if—
	(a)	at the hearing of the proceeding the Supreme Court is satisfied that the person is in the ACT and is able to attend the hearing; or
	(b)	the evidence would not have been admissible had it been given or produced at the hearing.
	(7)	If it is in the interests of justice to do so, the Supreme Court may exclude from the proceeding evidence taken in an examination held under an order under subsection (1) even if it is otherwise admissible.
	(8)	In this section, a reference to evidence taken in an examination includes a reference to—
	(a)	a document produced at the examination; and
	(b)	answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.
59	Inferior court proceedings
	(1)	The Supreme Court may, on the application of a party to a civil or criminal proceeding before an inferior court, exercise the same power to make an order of a kind mentioned in section 58 (1) for the purpose of the proceeding as the Supreme Court has under that subsection for the purpose of a proceeding in the Supreme Court.
	(2)	Section 58 (5), (6) and (7) apply in relation to evidence taken in an examination held under an order made by the Supreme Court under this section as if—
	(a)	in those subsections—
	(i)	a reference to the proceeding were a reference to the proceeding in the inferior court; and
	(ii)	a reference to the Supreme Court were a reference to the inferior court; and
	(b)	in section 58 (5) and (7), a reference to an order under subsection (1) were a reference to an order made by the Supreme Court under this section.
60	Other proceedings
	(1)	If the Supreme Court makes an order under section 59 (1) for the purpose of a committal proceeding, it may include in the order an order that evidence taken outside the ACT under the firstmentioned order may, subject to this section, be tendered in a proceeding (a subsequent proceeding) that is—
	(a)	a criminal proceeding that results from the committal proceeding; or
	(b)	a related civil proceeding.
	(2)	If the Supreme Court makes an order under section 58 (1) or section  59 (1) for the purpose of a criminal proceeding other than a committal proceeding, it may include in the order an order that evidence taken outside the ACT under the firstmentioned order may, subject to this section, be tendered in a proceeding (a subsequent proceeding) that is a related civil proceeding.
	(3)	Subject to subsection (4), if the Supreme Court has included in an order under section 58 (1) or section 59 (1) an order under this section, the court before which the subsequent proceeding is brought may, on the terms (if any) that it considers just, permit a party to the subsequent proceeding to tender as evidence in the subsequent proceeding the evidence of a person taken in an examination held under the order made under section 58 (1) or section 59 (1) or a record of that evidence.
	(4)	Evidence so tendered is not admissible if—
	(a)	at the hearing of the subsequent proceeding the court is satisfied that the person is in the ACT and is able to attend the hearing; or 
	(b)	the evidence would not have been admissible had it been given or produced at the hearing.
	(5)	If it is in the interests of justice to do so, the court before which the subsequent proceeding is brought may exclude from the subsequent proceeding evidence taken in an examination held under an order under section 58 (1) or section 59 (1) even if it is otherwise admissible.
	(6)	In this section:
related civil proceeding, in relation to a criminal proceeding, means any civil proceeding relating to a cause of action arising from the same subject matter.
61	Variation or revocation of orders
	(1)	The Supreme Court may vary or revoke an order made under section 58 (1) or section 59 (1) (a primary order).
	(2)	The power given by subsection (1) includes the power to—
	(a)	include in a primary order an order under section 60; or
	(b)	vary or revoke an order under section 60 that is included in a primary order.
	(3)	If a primary order that includes an order under section 60 is revoked, the lastmentioned order is taken to have been revoked at the same time.
62	Exclusion of evidence in criminal proceeding
This part does not affect the power of a court hearing a criminal proceeding to exclude evidence that has been obtained illegally or that would, if admitted, operate unfairly against the defendant.
63	Operation of other laws
This part is not intended to exclude or limit the operation of any territory law that makes provision for the examination of witnesses outside the ACT for the purpose of a proceeding in the ACT.

Part 8	Taking evidence for foreign and Australian courts
64	Definitions—pt 8
In this part:
request includes any commission, order or other process issued for the making of an application under section 65 (1).
requesting court means a court or tribunal by or on behalf of which a request is issued.
65	Power of Supreme Court
	(1)	If, on an application made to the Supreme Court for an order for evidence to be obtained in the ACT, the Supreme Court is satisfied—
	(a)	that the application is made under a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside the ACT; and
	(b)	that the evidence to which the application relates is sought to be obtained for the purpose of a proceeding that has been or may be brought before the requesting court; 
the Supreme Court may, by order, make any provision for obtaining evidence in the ACT that appears to the court to be appropriate for the purpose of giving effect to the request.
	(2)	An order under subsection (1) must not be made in relation to a criminal proceeding unless the requesting court is a court of a place in Australia or New Zealand.
	(3)	Without limiting subsection (1), an order under that subsection may make provision for all or any of the following matters:
	(a)	the examination of witnesses, orally or in writing; 
	(b)	the production of documents;
	(c)	the inspection, photographing, preservation, custody or detention of property;
	(d)	the taking of samples of property and the carrying out of any experiments on or with property;
	(e)	the medical examination of a person;
	(f)	without limiting paragraph (e), the taking and testing of samples of blood from a person.
	(4)	An order under subsection (1) may require a specified person to take any steps that the Supreme Court considers appropriate, being steps of a kind that could be required to be taken to obtain evidence for the purpose of a proceeding in the Supreme Court (whether or not a proceeding of the same kind as that to which the application for the order relates).
	(5)	Subsection (4) does not prevent the making of an order requiring a person to give testimony, orally or in writing, otherwise than on oath if this is asked for by the requesting court.
	(6)	An order under subsection (1) must not require a person—
	(a)	to state what documents relevant to the proceeding to which the application for the order relates are or have been in the person’s possession, custody or control; or
	(b)	to produce any documents other than particular documents specified in the order and appearing to the Supreme Court to be, or to be likely to be, in the person’s possession, custody or control.
	(7)	A person who, under an order under subsection (1), is required to attend at any place is entitled to the like conduct money and payment for expenses and loss of time on attendance as a witness in a proceeding in the Supreme Court.
66	Privilege of witnesses
	(1)	A person cannot be compelled under an order under section 65 (1) to give any evidence that the person could not be compelled to give in similar proceedings in—
	(a)	the ACT; or
	(b)	the place where the requesting court exercises jurisdiction.
	(2)	Subsection (1) (b) does not apply unless the claim of the person to be exempt from giving evidence is—
	(a)	supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or
	(b)	conceded by the applicant for the order.
	(3)	If the claim is not so supported or conceded, the person may, subject to this section, be required to give the evidence to which the claim relates, but that evidence must not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.
	(4)	In this section, a reference to giving evidence includes a reference to answering a question or to producing a document.
67	Operation of other laws
This part is not intended to exclude or limit the operation of any territory law that makes provision for the taking of evidence in the ACT for the purpose of a proceeding outside the ACT.
68	Rules for pt 8
The rules may make provision in relation to—
	(a)	the circumstances in which an order may be made under section 65 (1); and
	(b)	how any reference mentioned in section 66 (3) is to be made.

Part 9	Miscellaneous
80	Assignment of earnings not enforceable
	(1)	An assignment of earnings is not enforceable.
	(2)	Subsection (1) has effect regardless of—
	(a)	the nature of the instrument effecting the assignment; or
	(b)	the nature of the transaction that gave rise to the assignment.
	(3)	In this section:
earnings means a sum payable to a person—
	(a)	by way of wages or salary, including any fee, bonus, commission, overtime pay or other emolument payable in addition to wages or salary; or
	(b)	by way of pension, including—
	(i)	an annuity in relation to past services, whether or not the services were rendered to the person paying the annuity; and
	(ii)	periodical payments in relation to compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment; and
	(iii)	periodical payments in relation to compensation for the loss of wages or salary because of illness or injury.
81	Delegation by secretary of rule-making committee
The secretary of the rule-making committee may delegate a function under the Legislation Act, section 61 (Notification of registrable instruments) to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
82	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 10	Temporary provisions
Division 10.1	General
100	Expiry of existing rules
	(1)	The following rules expire on 1 July 2006:
	(a)	the Supreme Court Rules 1937;
	(b)	the Supreme Court (Admission of Legal Practitioners) Rules 1998;
	(c)	the Magistrates Court Rules 1932;
	(d)	the Magistrates Court (Civil Jurisdiction) Rules 2004.
	(2)	However, a regulation may change the expiry date.
	(3)	This section expires on the day the last of the rules mentioned in subsection (1) expire (the existing rules expiry day).
101	References to Magistrates Court (Civil Jurisdiction) Act etc
	(1)	In an Act, statutory instrument or document, a reference to the Magistrates Court (Civil Jurisdiction) Act 1982, the Magistrates Court (Civil Jurisdiction) Regulation 1987 or the Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulation 1982 is—
	(a)	in relation to anything to which the Magistrates Court Act 1930 applies—a reference to that Act; and
	(b)	in relation to anything to which the Magistrates Court (Civil Jurisdiction) Rules 2004 applies—a reference to those rules.
	(2)	In an Act, statutory instrument or document, a reference to a provision of the Magistrates Court (Civil Jurisdiction) Act 1982, the Magistrates Court (Civil Jurisdiction) Regulation 1987 or the Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulation 1982 is—
	(a)	in relation to anything to which the Magistrates Court Act 1930 applies—a reference to the corresponding provision of that Act; and
	(b)	in relation to anything to which the Magistrates Court (Civil Jurisdiction) Rules 2004 applies—a reference to the corresponding provision of those rules.
	(3)	In an Act, statutory instrument or document, a reference to the Magistrates Court Act 1930 is, in relation to anything to which the Magistrates Court Rules 1932 applies, a reference to those rules.
	(4)	In an Act, statutory instrument or document, a reference to a provision of the Magistrates Court Act 1930 is—
	(a)	in relation to anything to which the Magistrates Court Rules 1932 applies—a reference to the corresponding provision of those rules; and
	(b)	in relation to a provision relocated or renumbered as another provision of that Act by this Act—a reference to the corresponding provision of that Act.
	(5)	In an Act, statutory instrument or document, a reference to the Magistrates Court Act 1930, part 13A or the Supreme Court Act 1933, section 37, section 37A, section 37B, section 37C or section 37D is, in relation to anything to which this Act, part 3 applies, a reference to the corresponding provision of part 3.
	(6)	In an Act, statutory instrument or document, a reference to any of the following Acts is, in relation to anything to which this Act applies, a reference to this Act:
·	Arrest on Mesne Process Act 1902
·	Court Security Act 2001
·	Crown Proceedings Act 1992
·	Earnings (Assignment and Attachment) Act 1966
·	Judgment Creditors Remedies Act 1901
·	Judiciary (Stay of Proceedings) Act 1933.
	(7)	In an Act, statutory instrument or document, a reference to a provision of an Act mentioned in subsection (6) is, in relation to anything to which this Act applies, a reference to the corresponding provision of this Act.
	(8)	This section expires on the existing rules expiry day.
	(9)	In this section:
existing rules expiry day—see section 100 (3). 
Division 10.2	Arrest on mesne process
102	Meaning of capias for div 10.2
In this division:
capias means capias ad respondendum.
103	No arrest on mesne process except under div 10.2
No person shall be arrested on mesne process in any civil action in any court except in the cases and in the way provided in this division.
104	Order to hold to bail
In any action in the Supreme Court, if a judge is satisfied by affidavit disclosing the facts constituting the ground of the plaintiff’s claim, or by evidence on oath before the judge, that the plaintiff has prima facie a good cause of action in relation to the plaintiff’s claim against the defendant and is also satisfied by the affidavit of the plaintiff or some other person—
	(a)	that the cause of action is to the amount of $40 or upwards, or that the plaintiff has sustained damage to that amount; and
	(b)	that any defendant is about to remove or is making preparations to remove out of the jurisdiction of the court; and
	(c)	that the action will be defeated unless the defendant is forthwith apprehended; and
	(d)	that the application is made within a reasonable time after the fact of the defendant’s intention so to remove came to the knowledge of the plaintiff or might have become known to him or her by reasonable diligence on his part;
the judge may by a special order direct that the defendant shall be held to bail for the sum that the judge considers appropriate, not exceeding the amount of the debt or damages.
105	Issue of writ of capias
Thereupon the plaintiff, within the time expressed in the order but not afterwards, may sue out 1 or more writ or writs of capias against the defendant.
106	Execution of writ
	(1)	The sheriff of the Territory or other officer to whom any such writ is directed shall, before the return of the writ but not afterwards, proceed to arrest the defendant on it.
	(2) 	A writ may be lawfully executed on a Sunday.
107	Order and arrest to be during pendency of action
The order may be made and the defendant arrested under it at any time after the beginning of the action and before final judgment is obtained in it.
108	Defendant to remain in custody until bail bond given or deposit made
The defendant when arrested shall remain in custody until the defendant has given a bail bond to the sheriff or other officer, or has made deposit of the sum endorsed on the writ of capias, together with $20 costs.
109	Subsequent proceedings subject to rules of court
All subsequent proceedings about putting in and perfecting special bail shall be subject to, and in accordance with, the practice and procedure of the court.
110	Application for order nisi for discharge
Any person arrested on a writ of capias may apply to a judge at any time after the arrest for an order on the plaintiff to show cause why the person should not be discharged out of custody.
111	Proceedings on order nisi
Any judge may make absolute or discharge the order, and may direct the costs of the application to be paid by either party, and may make any other order that he or she considers appropriate.
112	Appeal
On the application of either party dissatisfied with any such order, the Supreme Court may discharge or vary it.
113	Discharge on bankruptcy
	(1)	Any person in the custody of any sheriff, gaoler, or officer under any such writ shall on the sequestration of the person’s estate under the law in force for the time being relating to bankruptcy, be entitled to his or her discharge from the custody on the order of a judge of a court exercising jurisdiction in bankruptcy, and shall be forthwith discharged from the custody either absolutely or on any conditions that the judge may impose.
	(2) 	No such sheriff, gaoler, or officer shall incur any liability in relation to the discharge to any person for anything done by him or her under this section.
114	Expiry—div 10.2
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).
Division 10.3	Attachment of earnings
115	Definitions—div 10.3
In this division:
court includes a person competent to make an order for the attachment of a debt.
dependant, in relation to a judgment debtor, means a person to whose maintenance the judgment debtor contributes or is liable to contribute.
earnings—see section 80 (3).
judgment debtor means a person liable under a judgment or order (whether obtained before or after the commencement of this Act) for the recovery or payment of money or costs.
Metal Trades Award means the Metal Trades (Australian Capital Territory) Award 1982 as originally made and as varied from time to time.
116	Limitation on attachment of wages
A court shall not make an order for the attachment of earnings of a judgment debtor that would, if enforced, reduce those earnings to an amount that is less than an amount calculated—
	(a)	if the judgment debtor has any dependants—at the rate of such amount per week as is equal to the amount of the minimum weekly wage for the time being payable under the Metal Trades Award to adult employees; or
	(b)	if the judgment debtor does not have any dependants—at the rate of such amount per week as is equal to 3/4 of the amount of the minimum weekly wage for the time being payable under the Metal Trades Award to adult employees.
117	Expiry of div 10.3
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).
Division 10.4	Stay of proceedings
118	Stay of proceedings
	(1)	If it is shown to the satisfaction of a court that a person, against whom any proceeding has been begun in the court for the payment of a sum of money—
	(a)	has suffered a loss; or
	(b)	is in the circumstances;
that a judgment given or an order made for the immediate payment of the sum of money or any substantial part of it would entail serious hardship, the court may, at any time before judgment is given or an order is made in the proceeding, on the application of that person, in its discretion, if in all the circumstances it considers it desirable so to do, direct a stay of proceedings or further proceedings until the time and on the conditions that the court considers appropriate.
	(2)	An application made under the subsection (1) shall not be taken or construed as an admission of liability by the applicant.
119	Stay of execution
	(1)	If it is shown to the satisfaction of a court that a person, against whom the court has given judgment or made an order for the payment of a sum of money—
	(a)	has suffered such a loss; or
	(b)	is in such circumstances;
that the immediate payment of the whole or any part of the sum will entail serious hardship, the court may, at the time of giving the judgment or the making of the order, or subsequently, on the application of the person adjudged or ordered to pay the sum of money, in its discretion, if in all the circumstances it considers it desirable so to do, order that the payment of the whole or part of the sum shall be deferred until the time and on the conditions that the court considers appropriate.
	(2)	An application under this section shall operate as a stay of proceedings on the judgment or order until the hearing of the application.
120	Rescission or variation of previous direction or order
	(1)	A court may, on the application of any party, rescind or vary any direction or order previously made by it under this division.
	(2)	In this section:
party means party to the proceeding in connection with which the direction or order was made.
121	Expiry of div 10.4
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).
Division 10.5	Set-off of debts
122	Mutual debts to be set one against the other
If there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, if there are mutual debts between the testator or intestate and either party, one debt may be set against the other, and the matter may be given in evidence on the general issue, or pleaded in bar, as the nature of the case shall require, so as at the time of his or her pleading the general issue, if any such debt of the plaintiff, his or her testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and on what account it became due, or otherwise the matter shall not be allowed in evidence on such general issue.
123	Exception
By virtue of section 122, mutual debts may be set against each other, either by being pleaded in bar, or given in evidence on the general issue, in the way mentioned in the section, notwithstanding that the debts are deemed in law to be of a different nature; 
unless in cases where either of the debts shall accrue because of a penalty contained in any bond or specialty; 
and in all cases where either the debt for which the action has been or shall be brought, or the debt intended to be set against it has accrued, or shall accrue, by reason of any such penalty, the debt intended to be set off shall be pleaded in bar, in which plea shall be shown how much is truly and justly due on either side; 
and in case the plaintiff shall recover in any such action or suit, judgment shall be entered for no more than shall appear to be truly justly due to the plaintiff, after one debt being set against the other.
124	Expiry of div 10.5
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).
Division 10.6	Judgment creditors remedies
125	Limitation of arrest under ca. sa.
Except as provided in this division, no person shall be arrested on any writ of capias ad satisfaciendum issuing out of the Supreme Court.
126	Fraudulent concealment or intended departure
If a judge of the Supreme Court is satisfied by affidavit that the defendant—
	(a)	has fraudulently concealed money, goods or valuable securities from his or her judgment creditor; or
	(b)	is about to leave the ACT either permanently or for an indefinite period, without satisfying the judgment;
the judge may order a writ of capias ad satisfaciendum to issue, and the defendant may be arrested on the writ.
127	Exception for certain actions
Section 125 and section 126 do not apply to a writ issued for libel, slander or any malicious injury.
128	Ca. sa. to fix bail
If a defendant has been arrested or has given bail on a writ of capias ad respondendum, a writ of capias ad satisfaciendum may be issued to fix the bail or charge the defendant in execution as of course.
129	Liability for escape
If any debtor in execution escapes out of legal custody, the sheriff, bailiff, or other person having the custody of the debtor shall be liable only to an action on the case for damages sustained by the person at whose suit the debtor was taken or imprisoned, and shall not be liable to any action of debt in consequence of the escape.
130	Discharge of judgment debtor on authority of lawyer
	(1)	A written order signed by the lawyer in the cause by whom any writ of capias ad satisfaciendum has been issued shall justify the sheriff, gaoler, or person in whose custody the party may be in discharging the party unless the party for whom the lawyer professes to act has given written notice to the contrary to the sheriff, gaoler, or person.
	(2)	The discharge shall not be a satisfaction of the debt unless made by the authority of the creditor.
	(3)	Nothing in this section shall justify any lawyer in giving an order for discharge without the consent of his or her client.
131	Ca. sa. may be executed on Sunday
Any writ of capias ad satisfaciendum issued out of the Supreme Court may be lawfully executed on Sunday.
132	Expiry of div 10.6
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).
Division 10.7	Supreme Court
133	Exercise of jurisdiction by registrar
	(1)	A person who is dissatisfied with an order of the registrar of the Supreme Court made in the exercise of jurisdiction given under the Supreme Court Rules 1937 may appeal, in accordance with those rules, to the Supreme Court constituted by a single judge.
	(2)	On an appeal under subsection (1), the Supreme Court may confirm, amend or set aside the registrar’s order and may make any order that in all the circumstances it considers just.
	(3)	In this section:
order includes a judgment, direction or decision, whether or not final.
134	Costs
	(1)	The Supreme Court shall have jurisdiction to award costs in all matters brought before the court, including matters dismissed for want of jurisdiction.
	(2)	Subject to any other law of the Territory (including the Supreme Court Rules 1937), the Supreme Court may determine—
	(a)	the amount of costs of and incidental to proceedings in the court, including the administration of an estate or trust; and
	(b)	by whom and to what extent such costs are to be paid.
	(3)	Nothing in this section shall alter the practice that would otherwise be followed in any criminal cause or matter or in proceedings on the Crown side of the court.
	(4)	In this section:
matter—see the Supreme Court Act 1933, dictionary.
135	Date of process
	(1)	All process of the court issued from the Supreme Court shall be dated as of the day they are issued.
	(2)	In this section:
process of the court—see the Supreme Court Act 1933, dictionary.
139	Expiry of div 10.7
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).
Division 10.8	Business names—starting legal proceedings
140	Effect of certain contraventions of Business Names Act on legal proceedings
	(1)	This section applies to a business name under which business is being carried on by a person in contravention of the Business Names Act 1963 if—
	(a)	the business name is an unregistered business name; or
	(b)	the business name is a registered business name, but is not registered in relation to the person; or
	(c)	the business name is registered in relation to the person but the person has not complied with that Act, section 12 (Notification of changes in particulars relating to registered business names etc) in relation to the business name.
	(2)	If a legal proceeding is started in a court by the person under the business name, the proceeding is not invalid only because of the contravention, but the court—
	(a)	may adjourn the proceeding until the contravention is remedied; or
	(b)	may continue to hear and decide the proceeding on an undertaking by the person to remedy the contravention within the time directed by the court.
	(3)	If a legal proceeding is started against the person under the business name, the following provisions apply:
	(a)	the proceeding is not invalid only because of the contravention;
	(b)	the business name is a sufficient designation of the person in any process in or in relation to the proceeding; 
	(c)	any judgment or order given in the proceeding may be enforced against the person.
	(4)	A term defined in the Business Names Act 1963 has the same meaning in this section.
141	Expiry of div 10.8
	(1)	This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
	(2)	In this section:
existing rules expiry day—see section 100 (3).

Part 11	Transitional
    
150	Modification of pt 11’s operation
A regulation may modify the operation of this part (including in its operation in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately, dealt with in this part.
151	Expiry of pt 11
This part expires 2 years after the day it commences.

Schedule 1	Subject matter for rules
(see s 7)
Part 1.1	General
    
1	Jurisdiction
	(1)	the jurisdiction of ACT courts, including civil, criminal and any appellate jurisdiction
	(2)	the jurisdiction of prescribed tribunals
	(3)	the jurisdiction of the master, registrars and deputy registrars, including review of their decisions
2	Service of documents
service of documents, including, for example, the following:
	(a)	the kinds of service, including personal service and electronic service;
	(b)	service outside the ACT or Australia;
	(c)	service of foreign legal process in the ACT
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
3	Evidence
taking evidence generally, including, for example, the following:
	(a)	the way evidence may be given;
	(b)	dispensing with the rules of evidence;
	(c)	taking evidence out of court;
	(d)	taking of evidence for future claims;
	(e)	subpoenas;
	(f)	affidavits and exchange of correspondence instead of affidavit evidence;
	(g)	obtaining evidence, including calling witnesses;
	(h)	taking evidence outside the ACT or Australia;
	(i)	taking evidence in the ACT for foreign courts and tribunals
4	Certain proceedings
	(1)	review of Magistrates Court decisions by order nisi
	(2)	cases stated and questions reserved to the Supreme Court
	(3)	cases stated and questions reserved from the Supreme Court to the Court of Appeal
5	Admission of lawyers
the admission of lawyers
6	Miscellaneous
the following matters:
	(a)	case management;
	(b)	documents filed in registries, including electronic filing;
	(c)	the receipt, issue or transmission electronically of forms and other documents and material for use in, or in relation to, proceedings;
	(d)	functions of registries generally;
	(e)	exhibits and other things held by an ACT court or prescribed tribunal for a proceeding, including, for example, disposal or destruction of unclaimed things;
	(f)	rules relating to lawyers acting for parties in proceedings; 
	(g)	rules about the reckoning of time and anything else about time;
	(h)	the conduct of business in chambers;
	(i)	transitional arrangements

Part 1.2	Civil proceedings
7	Beginning proceedings
beginning proceedings, including, for example, the following:
	(a)	originating process, including duration, renewal and setting aside; 
	(b)	where to begin proceedings;
	(c)	preliminary discovery, including discovery to identify defendants
8	Transfer between courts
transfer of proceedings between courts, including, for the Supreme Court, cross-vesting of jurisdiction
9	Parties and proceedings
parties and proceedings, including, for example, the following:
	(a)	several causes of action and parties in civil proceedings, including reconstitution of proceedings and representative parties; 
	(b)	multiple civil proceedings; 
	(c)	interpleader proceedings; 
	(d)	proceedings by or against businesses or people with a legal disability; 
	(e)	third-party procedure
10	Appearance
appearances, including, for example, the following:
	(a)	entering appearances; 
	(b)	conditional appearances
11	Pleadings
pleadings, including, for example, the following:
	(a)	matters in pleadings and particulars; 
	(b)	progress of pleadings; 
	(c)	particular pleadings, including statements of claim, defences and counterclaims; 
	(d)	striking out pleadings and particulars
12	Disclosure
disclosure, including, for example, the following:
	(a)	disclosure by parties, including discovery and inspection of documents and interrogatories; 
	(b)	non-party disclosure; 
	(c)	admissions; 
	(d)	disclosure of experts reports and hospital reports;
	(e)	disclosure of other material to which legal professional privilege may attach, including by direction or order of the court or tribunal
13	Preservation of rights and property
preservation of rights and property, including, for example, the following:
	(a)	inspection, detention and preservation of property; 
	(b)	injunctions, including, for the Supreme Court, Mareva injunctions and Anton Piller orders;
	(c)	for the Supreme Court—receivers and sales by court order
14	Ending proceedings early
ending proceedings early, including, for example, the following:
	(a)	ending proceedings because of default; 
	(b)	summary decisions; 
	(c)	discontinuance and withdrawal; 
	(d)	offers to settle and payments by defendants; 
	(e)	the referral of cases to arbitration; 
	(f)	alternative dispute resolution processes
15	Court supervision
court supervision, including, for example, the following:
	(a)	directions about conducting proceedings; 
	(b)	consequences of failing to comply with rules, directions or court orders; 
	(c)	amendments, with and without leave; 
	(d)	continuation of proceedings after delay; 
	(e)	pre-trial matters, including pre-trial directions and rulings
16	Expert evidence
expert evidence generally, including, for example, the following:
	(a)	giving immunity from action to experts in relation to reports tendered in evidence;
	(b)	matters relating to court experts, including—
	(i)	how the court is to choose an expert; and
	(ii)	how experts may give evidence and be questioned;
	(c)	defining the duty of expert witnesses in relation to the court and the parties;
	(d)	prescribing the basis of, and conditions for, admissibility of expert evidence
17	Trials and other hearings
trials and other hearings, including, for example, the following:
	(a)	practice lists;
	(b)	list applications for hearing and setting trial dates;
	(c)	conduct of trials; 
	(d)	decisions without pleadings or without hearings; 
	(e)	separate decisions on questions; 
	(f)	assessors and special referees; 
	(g)	assessment of damages; 
	(h)	simplified procedures for minor debt claims and other claims
18	Judgments
judgments, including, for example, the following:
	(a)	effect of judgments; 
	(b)	setting aside judgments
19	Particular proceedings
particular proceedings, including, for example, the following:
	(a)	taking of accounts;
	(b)	proceedings for damages for personal injury or death; 
	(c)	the payment of amounts into court; 
	(d)	for the Supreme Court—judicial review proceedings;
	(e)	for the Supreme Court—prerogative remedy proceedings
20	Interest
interest, including, for example, the following:
	(a)	interest up to judgment;
	(b)	interest on judgments
21	Administration and probate
for the Supreme Court, administration and probate, including, for example, the following:
	(a)	applications for grants of probate or letters of administration and the documents required;
	(b)	resealing grants;
	(c)	caveats objecting to grants, orders to administer or resealing grants;
	(d)	contested proceedings
22	Adoption
for the Supreme Court, adoption, including, for example, applications for adoptions
23	Arbitration
for the Supreme Court, arbitration, including, for example, the use of court-appointed referees
24	Contempt of court
for the Supreme Court, contempt of court, including, for example, the following:
	(a)	contempt of the court as constituted other than by a judge;
	(b)	proceedings for failure to comply with orders, other than orders to pay an amount
25	Trusts
for the Supreme Court, trusts
26	Costs
costs, including, for example, the following:
	(a)	security for costs; 
	(b)	entitlement to recover costs; 
	(c)	costs of parties in proceedings; 
	(d)	assessment of costs;
	(e)	taxation of costs
27	Appeals
appeals, including, for example, the following:
	(a)	for the Magistrates Court and prescribed tribunals—appeals to the Supreme Court;
	(b)	for the Supreme Court—
	(i)	appeals to the Supreme Court other than to the Court of Appeal; and
	(ii)	appeals to the Court of Appeal
28	Enforcement of judgments
enforcement of judgments, including, for example, the following:
	(a)	enforcement hearings, including examination procedures; 
	(b)	enforcement orders, including the following:
	(i)	enforcement orders for entry onto, and delivery of possession of, land; 
	(ii)	enforcement orders for seizure and sale of property; 
	(iii)	enforcement orders for seizure and delivery of particular goods; 
	(iv)	enforcement orders for seizure and detention of property; 
	(v)	enforcement orders for the attachment or redirection of debts, income and other money; 
	(vi)	for the Supreme Court—enforcement orders for charging orders and stop orders;
	(c)	instalment orders;
	(d)	powers of enforcement officers
29	Reciprocal enforcement of foreign judgments
reciprocal enforcement of foreign judgments

Part 1.3	Criminal proceedings
30	Practice and procedure in criminal jurisdiction
practice and procedure in the criminal jurisdiction of the Magistrates Court and Supreme Court (including any appellate jurisdiction) generally, including, for example, the following:
	(a)	forms for proceedings;
	(b)	beginning criminal proceedings, including indictments and informations;
	(c)	appearance;
	(d)	arraignments;
	(e)	applications;
	(f)	pleadings;
	(g)	duties of lawyers and the court;
	(h)	pre-trial matters, including pre-trial directions and rulings;
	(i)	regulating hearings and trial proceedings;
	(j)	expert evidence;
	(k)	custody and inspection of exhibits;
	(l)	recording of proceedings and access to records;
	(m)	costs payable to defendants in particular circumstances;
	(n)	inspecting registry files;
	(o)	appeals, including appeals to the Supreme Court and Court of Appeal; 
	(p)	listing trials, sentences, applications and appeals for hearing, and setting hearing dates;
	(q)	enforcement of decisions

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	administrative appeals tribunal
·	chief executive (see s 163)
·	consumer and trader tribunal
·	credit tribunal
·	discrimination tribunal
·	government solicitor
·	Magistrates Court
·	property
·	public servant
·	residential tenancies tribunal
·	Supreme Court
·	territory authority.
advisory committee means the advisory committee established under section 11.
assistant sheriff, for part 5 (Court security)—see section 40.
corresponding law, for part 4 (Crown proceedings)—see section 20.
court, for part 5 (Court security)—see section 40.
court premises , for part 5 (Court security)—see section 40.
Crown, for part 4 (Crown proceedings)—see section 20.
deputy sheriff, for part 5 (Court security)—see section 40.
determined fee, for part 3 (Court and tribunal fees)—see section 12.
examination, for part 7 (Examination of witnesses outside the ACT but in Australia)—see section 57.
explosive, for part 5 (Court security)—see the Dangerous Substances Act 2004, section 73.
fee, for part 3 (Court and tribunal fees)—see section 12.
firearm, for part 5 (Court security)—see the Firearms Act 1996, section 4.
inferior court, for part 7 (Examination of witnesses outside the ACT but in Australia)—see section 57.
judge, for part 5 (Court security)—see section 40.
judgment, for part 4 (Crown proceedings)—see section 20.
judicial authority, for part 7 (Examination of witnesses outside the ACT but in Australia)—see section 57.
magistrate, for part 5 (Court security)—see section 40.
master means the Master of the Supreme Court.
offensive weapon, for part 5 (Court security)—see section 40.
prescribed tribunal, for part 2 (Court rules and forms) and schedule 1 (Subject matter for rules)—see section 6.
proceeding, for part 4 (Crown proceedings)—see section 20.
relevant legislation, for part 3 (Court and tribunal fees)—see section 12.
request, for part 8 (Taking of evidence for foreign and Australian courts)—see section 64.
requesting court, for part 8 (Taking of evidence for foreign and Australian courts)—see section 64.
rule-making committee means the rule-making committee established under section 9.
screening search, for part 5 (Court security)—see section 40.
security officer, for part 5 (Court security)—see section 40.
sheriff, for part 5 (Court security)—see section 40.
sheriff’s officer, for part 5 (Court security)—see section 40.
Territory Crown, for part 4 (Crown proceedings)—see section 20.
the Territory, for part 4 (Crown proceedings)—see section 20.
tribunal, for part 3 (Court and tribunal fees)—see section 12.

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	
3	Legislation history
Court Procedures Act 2004 A2004-59
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
remainder commenced 10 January 2005 (s 2 and CN2004-29)
as amended by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69 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 1.3
notified LR 24 March 2005
s 1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 25 March 2005 (s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.11
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.11 commenced 2 June 2005 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 amdt 1.9, sch 1 pt 1.10, amdt 1.61, amdt 1.72, amdt 1.80, amdt 1.137, amdt 1.141
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
amdt 1.9 commenced 11 January 2006 (s 2 (1) (a) and see Statute Law Amendment Act 2005 (No 2) A2005-62, s 2 (1))
sch 1 pt 1.10, amdt 1.61, amdt 1.72, amdt 1.80, amdt 1.137, amdt 1.141 commenced 22 December 2005 (s 2 (4))
Legal Profession Act 2006 A2006-25 sch 2 pt 2.3
notified LR 21 June 2006
s 1, s 2 commenced 21 June 2006 (LA s 75 (1))
sch 2 pt 2.3 commenced 1 July 2006 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Rule-making power
s 7	am A2005-20 amdt 3.96
Remission, refund, deferral, waiver and exemption of fees
s 15	am A2005-13 amdt 1.21; A2006-25 amdt 2.4
Proceedings by and against the Crown generally
s 21	reloc from Crown Proceedings Act 1992 s 5 by A2004-60 amdt 1.118
	am A2005-20 amdt 3.97, amdt 3.98
Immunities and limitations of liability
s 22	reloc from Crown Proceedings Act 1992 s 6 by A2004-60 amdt 1.118
Corresponding laws of States and other Territories
s 23	reloc from Crown Proceedings Act 1992 s 7 by A2004-60 amdt 1.118
Injunctive relief
s 24	reloc from Crown Proceedings Act 1992 s 8 by A2004-60 amdt 1.118
Protection of confidentiality on grounds of public interest
s 25	reloc from Crown Proceedings Act 1992 s 9 by A2004-60 amdt 1.118
Right of Attorneys-General of other jurisdictions to appear in proceedings
s 26	reloc from Crown Proceedings Act 1992 s 10 by A2004-60 amdt 1.118
	am A2005-20 amdt 3.99
Right of Attorney-General to intervene in proceedings
s 27	reloc from Crown Proceedings Act 1992 s 11 by A2004-60 amdt 1.118
	am A2005-20 amdt 3.100; ss renum R4 LA (see A2005-20 amdt 3.101)
Court fees and charges
s 28	reloc from Crown Proceedings Act 1992 s 12 by A2004-60 amdt 1.118
Enforcement of judgments against Territory Crown
s 29	reloc from Crown Proceedings Act 1992 s 13 by A2004-60 amdt 1.118
Enforcement of judgments against Crown in right of a State or another Territory
s 30	reloc from Crown Proceedings Act 1992 s 13A by A2004-60 amdt 1.118
Enforcement of judgments by the Crown
s 31	reloc from Crown Proceedings Act 1992 s 14 by A2004-60 amdt 1.118
Endorsement etc of originating process
s 32	reloc from Crown Proceedings Act 1992 s 15 by A2004-60 amdt 1.121
Service generally
s 33	reloc from Crown Proceedings Act 1992 s 16 by A2004-60 amdt 1.125
Service of subpoenas etc on Ministers
s 34	reloc from Crown Proceedings Act 1992 s 17 by A2004-60 amdt 1.128
Representation if right to legal representation restricted
s 35	reloc from Crown Proceedings Act 1992 s 19 by A2004-60 amdt 1.133
Exclusion of certain proceedings
s 36	reloc from Crown Proceedings Act 1992 s 20 by A2004-60 amdt 1.136
Regulations for pt 4
s 37	reloc from Crown Proceedings Act 1992 s 21 by A2004-60 amdt 1.136
Definitions—pt 5
s 40	def assistant sheriff reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def court  reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	am A2005-20 amdt 3.102, amdt 3.103
	def court premises reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def deputy sheriff reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def explosive reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def firearm reloc from Court Security Act 2001 dict by 
A2004-60 amdt 1.102
	def judge  reloc from Court Security Act 2001 dict by 
A2004-60 amdt 1.102
	def magistrate reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def offensive weapon reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def screening search reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def security officer reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def sheriff reloc from Court Security Act 2001 dict by 
A2004-60 amdt 1.102
	def sheriff’s officer reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
Right of entry etc to court premises
s 41	reloc from Court Security Act 2001 s 5 by A2004-60 amdt 1.99
Powers under Act additional to other powers
s 42	reloc from Court Security Act 2001 s 6 by A2004-60 amdt 1.99
Security officer to be identified before exercising powers
s 43	reloc from Court Security Act 2001 s 7 by A2004-60 amdt 1.99
Person may be required to state name etc
s 44	reloc from Court Security Act 2001 s 8 by A2004-60 amdt 1.99
Searches
s 45	reloc from Court Security Act 2001 s 9 by A2004-60 amdt 1.99
Seizure and forfeiture of firearms etc
s 46	reloc from Court Security Act 2001 s 10 by A2004-60 amdt 1.99
Security officer may require thing that may hide firearms etc to be left
s 47	reloc from Court Security Act 2001 s 11 by A2004-60 amdt 1.99
Unlawful, disorderly conduct etc
s 48	reloc from Court Security Act 2001 s 12 by A2004-60 amdt 1.99
Contravention of requirement of security officer
s 49	reloc from Court Security Act 2001 s 13 by A2004-60 amdt 1.99
Judge or magistrate may close court premises
s 50	reloc from Court Security Act 2001 s 15 by A2004-60 amdt 1.99
Security officers
s 51	reloc from Court Security Act 2001 s 16 by A2004-60 amdt 1.99
Identity cards for security officers
s 52	reloc from Court Security Act 2001 s 17 by A2004-60 amdt 1.99
Publication of evidence
pt 6 hdg	orig pt 6 hdg renum as pt 9 hdg
	ins A2005-60 amdt 1.35
Application—pt 6
s 53	orig s 53 renum as s 80
	reloc from Evidence Act 1971 s 82 by A2005-60 amdt 1.61
Delegation by secretary of rule-making committee
s 53A	renum as s 81
Prohibition of publication of evidence etc
s 54	orig s 54 renum as s 82
	reloc from Evidence Act 1971 s 83 by A2005-60 amdt 1.61
Noncompliance with s 54 order
s 55	reloc from Evidence Act 1971 s 84 by A2005-60 amdt 1.61
Examination of witnesses outside the ACT but in Australia
pt 7 hdg	orig pt 7 hdg renum as pt 10 hdg
	ins A2005-60 amdt 1.35
General
div 7.1 hdg	renum as div 10.1 hdg
Application—pt 7
s 56	reloc from Evidence Act 1971 s 85A by A2005-60 amdt 1.72
Definitions—pt 7
s 57	reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	def examination reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	def inferior court reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	def judicial authority reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
Supreme Court proceedings
s 58	reloc from Evidence Act 1971 s 85C by A2005-60 amdt 1.72
Inferior court proceedings
s 59	reloc from Evidence Act 1971 s 85D by A2005-60 amdt 1.72
Other proceedings
s 60	orig s 60 renum as s 100
	reloc from Evidence Act 1971 s 85E by A2005-60 amdt 1.72
Variation or revocation of orders
s 61	orig s 61 renum as s 101
	reloc from Evidence Act 1971 s 85F by A2005-60 amdt 1.72
Arrest on mesne process
div 7.2 hdg	renum as div 10.2 hdg
Exclusion of evidence in criminal proceeding
s 62	orig s 62 renum as s 102
	reloc from Evidence Act 1971 s 85G by A2005-60 amdt 1.72
Operation of other laws
s 63	orig s 63 renum as s 103
	reloc from Evidence Act 1971 s 85H by A2005-60 amdt 1.72
Attachment of earnings
div 7.3 hdg	renum as div 10.3 hdg
Stay of proceedings
div 7.4 hdg	renum as div 10.4 hdg
Set-off of debts
div 7.5 hdg	renum as div 10.5 hdg
Judgment creditors remedies
div 7.6 hdg	renum as div 10.6 hdg
Taking evidence for foreign and Australian courts
pt 8 hdg	orig pt 8 hdg renum as pt 11 hdg
	ins A2005-60 amdt 1.35
Definitions—pt 8
s 64	orig s 64 renum as s 104
	reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	def request reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	def requesting court reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
Power of Supreme Court
s 65	orig s 65 renum as s 105
	reloc from Evidence Act 1971 s 85K by A2005-60 amdt 1.80
Privilege of witnesses
s 66	orig s 66 renum as s 106
	reloc from Evidence Act 1971 s 85L by A2005-60 amdt 1.80
Operation of other laws
s 67	orig s 67 renum as s 107
	reloc from Evidence Act 1971 s 85M by A2005-60 amdt 1.80
Rules for pt 8
s 68	orig s 68 renum as s 108
	reloc from Evidence Act 1971 s 85N by A2005-60 amdt 1.80
Subsequent proceedings subject to rules of court
s 69	renum as s 109
Application for order nisi for discharge
s 70	renum as s 110
Proceedings on order nisi
s 71	renum as s 111
Appeal
s 72	renum as s 112
Discharge on bankruptcy
s 73	renum as s 113
Expiry of div 7.2
s 74	renum as s 114
Definitions—div 7.3
s 76	renum as s 115
Limitation on attachment of wages
s 77	renum as s 116
Expiry of div 7.3
s 78	renum as s 117
Miscellaneous
pt 9 hdg	(prev pt 6 hdg) renum A2005-60 amdt 1.36
Assignment of earnings not enforceable
s 80	orig s 80 renum as s 118
	(prev s 53) def earnings reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.146
	renum A2005-60 amdt 1.37
Delegation by secretary of rule-making committee
s 81	orig s 81 renum as s 119
	(prev s 53A) ins A2005-20 amdt 3.104
	renum A2005-60 amdt 1.37
Regulation-making power
s 82	orig s 82 renum as s 120
	(prev s 54) renum A2005-60 amdt 1.37
Expiry of div 7.4
s 83	renum as s 121
Mutual debts to be set one against the other
s 84	renum as s 122
Exception
s 85	renum as s 123
Expiry of div 10.5
s 86	renum as s 124
Limitation of arrest under ca. sa.
s 87	renum as s 125
Fraudulent concealment or intended departure
s 88	renum as s 126
Exception for certain actions
s 89	renum as s 127
Ca. sa. to fix bail
s 90	renum as s 128
Liability for escape
s 91	renum as s 129
Discharge of judgment debtor on authority of lawyer
s 92	renum as s 130
Ca. sa. may be executed on Sunday
s 93	renum as s 131
Expiry of div 10.6
s 94	renum as s 132
Temporary provisions
pt 10 hdg	(prev pt 7 hdg) renum A2005-60 amdt 1.38
General
div 10.1 hdg	(prev div 7.1 hdg) renum A2005-60 amdt 1.39
Expiry of existing rules
s 100	orig s 100 exp 10 January 2005 (s 100 (5))
	(prev s 60) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 100 (3))
References to Magistrates Court (Civil Jurisdiction) Act etc
s 101	orig s 101 exp 10 January 2005 (s 101 (5)) 
	(prev s 61) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 101 (8))
Arrest on mesne process
div 10.2 hdg	(prev div 7.2 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 114)
Meaning of capias for div 10.2
s 102	orig s 102 exp 10 January 2005 (s 102 (3)) 
	(prev s 62) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
No arrest on mesne process except under div 10.2
s 103	orig s 103 exp 10 January 2005 (s 103 (4)) 
	(prev s 63) reloc from Arrest on Mesne Process Act 1902 s 4 by A2004-60 amdt 1.12
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Order to hold to bail
s 104	orig s 104 renum as s 150
	(prev s 64) reloc from Arrest on Mesne Process Act 1902 s 5 by A2004-60 amdt 1.12
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Issue of writ of capias
s 105	orig s 105 renum as s 151
	(prev s 65) reloc from Arrest on Mesne Process Act 1902 s 6 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Execution of writ
s 106	(prev s 66) reloc from Arrest on Mesne Process Act 1902 s 7 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Order and arrest to be during pendency of action
s 107	(prev s 67) reloc from Arrest on Mesne Process Act 1902 s 8 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Defendant to remain in custody until bail bond given or deposit made
s 108	(prev s 68) reloc from Arrest on Mesne Process Act 1902 s 9 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Subsequent proceedings subject to rules of court
s 109	(prev s 69) reloc from Arrest on Mesne Process Act 1902 s 10 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Application for order nisi for discharge
s 110	(prev s 70) reloc from Arrest on Mesne Process Act 1902 s 11 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Proceedings on order nisi
s 111	(prev s 71) reloc from Arrest on Mesne Process Act 1902 s 12 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Appeal
s 112	(prev s 72) reloc from Arrest on Mesne Process Act 1902 s 13 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Discharge on bankruptcy
s 113	(prev s 73) reloc from Arrest on Mesne Process Act 1902 s 14 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Expiry—div 10.2
s 114	(prev s 74) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Attachment of earnings
div 10.3 hdg	(prev div 7.3 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 117)
Definitions—div 10.3
s 115	(prev s 76) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 117)
	def court reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
	def dependant reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
	def judgment debtor reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
	def Metal Trades Award reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
Limitation on attachment of wages
s 116	(prev s 77) reloc from Earnings (Assignment and Attachment) Act 1966 s 5 by A2004-60 amdt 1.148
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 117)
Expiry of div 10.3
s 117	(prev s 78) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 117)
Stay of proceedings
div 10.4 hdg	(prev div 7.4 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 121)
Stay of proceedings
s 118	(prev s 80) reloc from Judiciary (Stay of Proceedings) Act 1933 s 3 by A2004-60 amdt 1.161
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Stay of execution 
s 119	(prev s 81) reloc from Judiciary (Stay of Proceedings) Act 1933 s 4 by A2004-60 amdt 1.161
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Rescission or variation of previous direction or order
s 120	(prev s 82) reloc from Judiciary (Stay of Proceedings) Act 1933 s 5 by A2004-60 amdt 1.161
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Expiry of div 10.4
s 121	(prev s 83) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Set-off of debts
div 10.5 hdg	(prev div 7.5 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 124)
Mutual debts to be set one against the other
s 122	(prev s 84) reloc from Set-off of Debts Act 1735 s 13 by A2004-60 amdt 1.631
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 124)
Exception
s 123	(prev s 85) reloc from Set-off of Debts Act 1735 s 5 by 
A2004-60 amdt 1.633
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 124)
Expiry of div 10.5
s 124	(prev s 86) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 124)
Judgment creditors remedies
div 10.6 hdg	(prev div 7.6 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 132)
Limitation of arrest under ca. sa.
s 125	(prev s 87) reloc from Judgment Creditors Remedies Act 1901 s 19 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Fraudulent concealment or intended departure
s 126	(prev s 88) reloc from Judgment Creditors Remedies Act 1901 s 20 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Exception for certain actions
s 127	(prev s 89) reloc from Judgment Creditors Remedies Act 1901 s 21 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Ca. sa. to fix bail
s 128	(prev s 90) reloc from Judgment Creditors Remedies Act 1901 s 22 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Liability for escape
s 129	(prev s 91) reloc from Judgment Creditors Remedies Act 1901 s 23 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Discharge of judgment debtor on authority of lawyer
s 130	(prev s 92) reloc from Judgment Creditors Remedies Act 1901 s 24 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Ca. sa. may be executed on Sunday
s 131	(prev s 93) reloc from Judgment Creditors Remedies Act 1901 s 26 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Expiry of div 10.6
s 132	(prev s 94) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Supreme Court
div 10.7 hdg	ins A2005-60 amdt 1.41
	exp 1 July 2006 (s 139)
Exercise of jurisdiction by registrar
s 133	ins A2005-60 amdt 1.42
	exp 1 July 2006 (s 139)
Costs
s 134	reloc from Supreme Court Act 1933 s 23 by A2005-60 amdt 1.137
	exp 1 July 2006 (s 139)
Date of process
s 135	reloc from Supreme Court Act 1933 s 66 by A2005-60 amdt 1.141
	exp 1 July 2006 (s 139)
Expiry of div 10.7
s 139	ins A2005-60 amdt 1.43
	exp 1 July 2006 (s 139)
Business names—starting legal proceedings
div 10.8 hdg	ins A2005-60 amdt 1.44
	exp 1 July 2006 (s 141)
Effect of certain contraventions of Business Names Act on legal proceedings
s 140	reloc from Business Names Act 1963 s 27 by A2005-60 amdt 1.9
	exp 1 July 2006 (s 141)
Expiry of div 10.8
s 141	ins A2005-60 amdt 1.45
	exp 1 July 2006 (s 141)
Transitional
pt 11 hdg	(prev pt 8 hdg) renum A2005-60 amdt 1.46
	exp 10 January 2007 (s 151)
Modification of pt 11’s operation
s 150	(prev s 104) renum A2005-60 amdt 1.47
	exp 10 January 2007 (s 151)
Expiry of pt 11
s 151	(prev s 105) renum A2005-60 amdt 1.48
	exp 10 January 2007 (s 151)
Dictionary
dict	am A2005-60 amdt 1.49
	def examination ins A2005-60 amdt 1.50
	def inferior court ins A2005-60 amdt 1.50
	def judicial authority ins A2005-60 amdt 1.50
	def request ins A2005-60 amdt 1.50
	def requesting court ins A2005-60 amdt 1.50
New Magistrates Court (Civil Jurisdiction) Rules 2004
sch 2	om LA s 89 (3)

5	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–
10 Jan 2005	A2004-60	new Act and amendments by A2004-60	
R2*
11 Jan 2005	11 Jan 2005–
24 Mar 2005	A2004-60	commenced expiry	
R3
25 Mar 2005	25 Mar 2005–
1 June 2005	A2005-13	amendments by A2005-13	
R4
2 June 2005	2 June 2005–
21 Dec 2005	A2005-20	amendments by A2005-20	
R5
22 Dec 2005	22 Dec 2005–
10 Jan 2006	A2005-60	amendments by A2005-60	
R6
11 Jan 2006	11 Jan 2006–
30 June 2006	A2005-60	amendments by A2005-60	

©  Australian Capital Territory 2006