Australian Capital Territory
Court Procedures Amendment Rules 2005 (No 1)
Subordinate Law SL2005-13

We, members of the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 30 June 2005.

T J Higgins
	R Cahill	
Chief Justice	Chief Magistrate	
		
K J Crispin
	M Somes	
President of the Court of Appeal	Magistrate	
		
T Connolly
		
Judge		

Australian Capital Territory
Court Procedures Amendment Rules 2005 (No 1)
Subordinate Law SL2005-13
made under the
Court Procedures Act 2004

    
    
Contents
	Page
Part 1	Preliminary
	1	Name of rules	1
	2	Commencement	1
Part 2	Magistrates Court (Civil Jurisdiction) Rules 2004
	3	Legislation amended—pt 2	2
	4	New section 17A	2
	5	New section 22AA	2
	6	Section 22A (1) (a)	2
	7	Section 187 (6) and (7)	3
	8	New section 241A	3
	9	Section 418 (1) (a)	3
Part 3	Supreme Court Rules 1937
	10	Legislation amended—pt 3	4
	11	Order 85 rule 2	4
	12	Order 86 rule 4 (3)	4
	13	Order 86 rules 5 and 6	5
	14	Order 86 rule 12 (3)	5
	15	Order 86 rule 13	5
	16	Order 86 rule 51 (3)	6
	17	Order 86 rule 52	6

Part 1	Preliminary
1	Name of rules
These rules are the Court Procedures Amendment Rules 2005 (No 1).
2	Commencement
These rules commence on the day after their notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Magistrates Court (Civil Jurisdiction) Rules 2004
3	Legislation amended—pt 2
This part amends the Magistrates Court (Civil Jurisdiction) Rules 2004.
4	New section 17A
insert
17A	When proceeding by claim begins
A proceeding started by claim begins on the day the claim is first filed (whether or not it is renewed under section 35).
5	New section 22AA
after section 22, insert
22AA	When proceeding by application begins
A proceeding started by application begins on the day the application is first filed.
6	Section 22A (1) (a)
omit
or
substitute
and
7	Section 187 (6) and (7)
omit
summons
substitute
subpoena
8	New section 241A
insert
241A	When interpleader proceeding begins
An interpleader proceeding begins on the day the application mentioned in section 240 (1) (Interpleader by defendant) or section 241 (1) (Interpleader by bailiff) is first filed.
9	Section 418 (1) (a)
omit
or
substitute
and

Part 3	Supreme Court Rules 1937
10	Legislation amended—pt 3
This part amends the Supreme Court Rules 1937.
11	Order 85 rule 2
substitute
2	Application for order nisi
An application for an order nisi must be—
	(a)	made orally to the Supreme Court within the time provided by the Magistrates Court Act 1930; and
	(b)	made without notice to another party; and
	(c)	supported by an affidavit under rule 3.
12	Order 86 rule 4 (3)
substitute
	(3)	The notice of motion must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
13	Order 86 rules 5 and 6
omit
affidavit
substitute
affidavit and draft notice of appeal
14	Order 86 rule 12 (3)
substitute
	(3)	The notice of motion must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
15	Order 86 rule 13
omit
affidavit
substitute
affidavit and draft notice of appeal
16	Order 86 rule 51 (3)
substitute
	(3)	The application must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
17	Order 86 rule 52
omit
affidavit
substitute
affidavit and draft notice of appeal

Endnotes
1	Notification
	Notified under the Legislation Act on 7 July 2005.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005