Australian Capital Territory
Court Procedures Act 2004    
A2004-59
Republication No 30
Effective:  10 March 2011 – 30 June 2011
Republication date: 10 March 2011
Last amendment made by A2011-4

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 10 March 2011.  It also includes any amendment, repeal or expiry affecting the republished law to 10 March 2011.  
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
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

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
Division 3.1	Fees generally
	12	Definitions—pt 3	9
	13	Determination of fees	9
	14	Payment of fees	10
	15	Remission, refund, deferral, waiver and exemption of fees	11
	16	Recovery of fees in civil proceedings if fees not otherwise payable	13
	17	Recovery of fees in criminal proceedings if fees not otherwise payable	13
Division 3.2	Review of decisions—fees
	18	Meaning of reviewable decision—div 3.2	14
	18A	Reviewable decisions—court	15
	18B	Reviewable decisions—ACAT	16
	18C	No fee for review by court or ACAT	17
Part 4	Crown proceedings
Division 4.1	Preliminary
	20	Definitions—pt 4	18
Division 4.2	Proceedings by and against Crown generally
	21	Proceedings by and against the Crown generally	18
	22	Immunities and limitations of liability	19
	23	Corresponding laws of States and other Territories	19
	24	Injunctive relief	19
	25	Protection of confidentiality on grounds of public interest	19
	26	Right of Attorneys-General of other jurisdictions to appear in proceedings	20
	27	Right of Attorney-General to intervene in proceedings	20
	28	Fees and charges in proceedings	21
	29	Enforcement of judgments against Territory Crown	22
	30	Enforcement of judgments against Crown in right of a State or another Territory	23
	31	Enforcement of judgments by the Crown	23
Division 4.3	Provisions applying only to the Territory
	32	Endorsement etc of originating process	23
	33	Service generally	24
	34	Service of subpoenas etc on Ministers	24
	35	Representation if right to legal representation restricted	25
Division 4.4	Other provisions
	36	Exclusion of certain proceedings	26
	37	Regulations for pt 4	26
Part 5	Court security
	40	Definitions—pt 5	27
	41	Right of entry etc to court premises	29
	42	Powers under part additional to other powers	30
	43	Security officer to be identified before exercising powers	30
	44	Person may be required to state name etc	31
	45	Searches	32
	46	Seizure and forfeiture of firearms etc	33
	47	Security officer may require thing that may hide firearms etc to be left	33
	48	Unlawful, disorderly conduct etc	33
	49	Contravention of requirement of security officer	34
	50	Judge, magistrate or presidential member may close court premises	35
	51	Security officers	36
	52	Identity cards for security officers	37
Part 6	Procedural provisions—all proceedings
	53	Application—pt 6	39
	54	No distinction between court and chambers	39
Part 7	Procedural provisions—civil proceedings
	60	Application—pt 7	40
	61	Counterclaims and third parties	40
	62	Injunctions	41
	63	Receivers	41
	64	Rules of practice and procedure—judicial discretion	41
	65	Appearance by lawyer	42
	66	Non-appearance or absence of some defendants	42
	67	Amendment of defects	42
	68	Formal defects to be amended	43
Part 7A	Procedural provisions—proceedings involving children or young people
Division 7A.1	General
	69	Childrens Court procedure	44
	71	When parents must attend court proceedings	44
	72	Court proceedings involving children or young people not open to public	46
	73	Court may excuse parties from attending proceedings	48
	74	Certain related applications may be heard together	48
	74A	Participation of children and young people in proceedings	48
	74B	Court must ensure children and young people etc understand proceedings	49
	74C	Chief executive and public advocate etc may appear at proceedings	49
	74D	Court may order report about young person	50
	74E	Children and young people may have legal and other representative	50
	74F	Leave needed for litigation guardian	51
	74G	Legal representation of children and young people	51
	74H	Orders about legal representation of children and young people—all proceedings	51
	74I	Rule-making committee and court to have regard to youth justice principles	52
Division 7A.2	Care and protection considerations in proceedings
	74J	Definitions—div 7A.2	53
	74K	Proceedings dismissed or adjourned for care and protection reasons	53
	74L	Chief executive must report to court and public advocate	54
	74M	Court action after adjournment	55
Part 8	Supreme Court—criminal proceedings
Division 8.1	Supreme Court criminal proceedings—preliminary
	75	Application—pt 8	57
Division 8.2	Trial on indictment
	76	Trial proceedings after presentation of indictment and before empanelment of jury	57
Part 9	Miscellaneous
	80	Assignment of earnings not enforceable	59
	81	Court may inquire into truth of return of writ	59
	82	Delegation by secretary of rule-making committee	60
	83	Regulation-making power	60
Schedule 1	Subject matter for rules	61
Part 1.1	General	61
	1	Jurisdiction	61
	2	Service of documents	61
	3	Evidence	61
	4	Certain proceedings	62
	5	Admission of lawyers	62
	6	Miscellaneous	62
Part 1.2	Civil proceedings	64
	7	Beginning proceedings	64
	8	Transfer between courts	64
	9	Parties and proceedings	64
	10	Steps in proceedings	65
	11	Pleadings	65
	12	Disclosure	65
	13	Preservation of rights and property	65
	14	Ending proceedings early	66
	15	Court supervision	66
	16	Expert evidence	66
	17	Trials and other hearings	67
	18	Judgments	67
	19	Particular proceedings	68
	20	Interest	68
	21	Administration and probate	68
	22	Adoption	69
	23	Arbitration	69
	24	Contempt of court	69
	25	Trusts	69
	26	Costs	69
	27	Appeals	69
	28	Enforcement of judgments	70
	29	Reciprocal enforcement of foreign judgments	70
Part 1.3	Criminal proceedings	71
	30	Practice and procedure in criminal jurisdiction	71
Dictionary		73
Endnotes
	1	About the endnotes	75
	2	Abbreviation key	75
	3	Legislation history	76
	4	Amendment history	79
	5	Earlier republications	97

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 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
Division 3.1	Fees generally
12	Definitions—pt 3
In this part:
determined fee means a fee determined under this part.
fee includes a charge and a tax.
relevant legislation means any of the following:
	(a)	the ACT Civil and Administrative Tribunal Act 2008;
	(b)	the Coroners Act 1997;
	(c)	this Act;
	(d)	the Crimes (Sentence Administration) Act 2005;
	(e)	the Leases (Commercial and Retail) Act 2001;
	(f)	the Magistrates Court Act 1930;
	(g)	the Supreme Court Act 1933;
	(h)	any other legislation prescribed by regulation.
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).
13	Determination of fees
	(1)	The Minister may determine fees for any of the following purposes:
	(a)	proceedings in a court or the ACAT, and matters incidental to the proceedings, including—
	(i)	for the Supreme Court—the admission of lawyers; and
	(ii)	the service and execution of the process of a court or the ACAT; and
	(iii)	the assessment of costs;
	(b)	facilities and services provided by the court or the ACAT, 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 the ACAT, determined fees, completely or partly, in particular circumstances;
	(c)	deferring, by a registrar of a court or the ACAT, 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 ACAT 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 ACAT 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 2008;
	(C)	the Domestic Violence and Protection Orders Act 2008;
	(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 2008;
	(B)	a matter under the Mental Health (Treatment and Care) Act 1994;
	(C)	a decision of the ACAT in relation to an application under the Guardianship and Management of Property Act 1991; 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
	(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)	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 an application in the ACAT, 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 ACAT 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.
Division 3.2	Review of decisions—fees
18	Meaning of reviewable decision—div 3.2
In this division:
reviewable decision means a decision of a registrar of a court or the registrar of the ACAT mentioned in table 18, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Table 18	Reviewable decisions

column 1
item	column 2
section	column 3
decision	column 4
person	
1	15 (1)	refuse to remit fee completely or partly	person who paid fee	
2	15 (1)	refuse to refund fee completely or partly	person who paid fee	
3	15 (1)	refuse to defer liability to pay fee completely or partly	person liable to pay fee	
4	15 (2) (b)	refuse to waive fee completely or partly	person liable to pay fee	
5	15 (2)	refuse to allow benefit of an exemption to pay fee	person liable to pay fee	
18A	Reviewable decisions—court
	(1)	If the registrar of a court makes a reviewable decision, the registrar must give written notice of the decision to each person mentioned in table 18, column 4 in relation to the decision.
	(2)	The notice must tell the 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.
	(3)	The entity may apply to the registrar for a statement of reasons for the decision within 28 days after the day when the person is given the notice.
	(4)	A person who receives a notice under subsection (1) may apply to the court from which the registrar gave the notice 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-day period for a statement of reasons for the decision—28 days after the day the person is given the statement of reasons.
	(5)	For the review, the court—
	(a)	must be constituted by—
	(i)	for the Supreme Court—a judge or the master; or
	(ii)	for the Magistrates Court—a magistrate; and
	(b)	may make the orders the court considers appropriate.
18B	Reviewable decisions—ACAT
	(1)	If the registrar of the ACAT makes a reviewable decision, the registrar must give a reviewable decision notice to each person mentioned in table 18, column 4 in relation to the decision.
Note 1	The registrar must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(2)	The following may apply to the ACAT for review of a reviewable decision by the registrar of the ACAT:
	(a)	a person mentioned in table 18, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
18C	No fee for review by court or ACAT
A fee is not payable for an application under this division.

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 a judgment or order of a court or the ACAT.
proceeding means a civil proceeding or proceeding before the ACAT.
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, any relevant rules of court, the ACT Civil and Administrative Tribunal Act 2008 and 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 court proceeding or proceeding before the ACAT:
	(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 or ACAT special reasons for making an order under this subsection, the court or ACAT 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	Fees and charges in proceedings
	(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.
court includes the ACAT.
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 or the ACAT 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 or the ACAT 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 or the ACAT 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, any relevant rules of court and the ACT Civil and Administrative Tribunal Act 2008, 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 ACAT; or
	(f)	a board of inquiry established under the Inquiries Act 1991; or
	(g)	a royal commission established under the Royal Commissions Act 1991; or
	(h)	a judicial commission established under the Judicial Commissions Act 1994; or
	(i)	a court prescribed by regulation; or
	(j)	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 6.
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 ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private); and
	(b)	Court Procedures Act 2004, section 72 (Court proceedings involving children or young people not open to public); and
	(c)	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
	(d)	the Inquiries Act 1991, section 21 (3) (Power to hold); and
	(e)	the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and
	(f)	the Royal Commissions Act 1991, section 28 (3) (Power to hold); and
	(g)	the Workplace Privacy Act 2010, section 27; and
	(h)	the inherent jurisdiction of a court to regulate its proceedings; and
	(i)	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 requirement made by a security officer under this section—
	(a)	may be made only if the officer believes on reasonable grounds that it is prudent for court security; and
	(b)	may be of general application; and
	(c)	must comply with any written policy of the Chief Justice or the Chief Magistrate in relation to searches under this section.
	(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, magistrate or presidential member may close court premises
	(1)	If a judge, magistrate or presidential member considers it necessary for securing order and safety in court premises or a part of court premises, the judge, magistrate or presidential member 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, magistrate or presidential member 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.
	(5)	In this section:
presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
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	Procedural provisions—all proceedings
53	Application—pt 6
This part applies to all proceedings in the Supreme Court or Magistrates Court.
54	No distinction between court and chambers
The business of a court, wherever it is conducted, is taken to be conducted in court.

Part 7	Procedural provisions—civil proceedings
60	Application—pt 7
This part (other than section 63) applies to a civil proceeding in the Supreme Court or Magistrates Court.
Note	Section 63 (Receivers) applies only to a civil proceeding in the Supreme Court.
61	Counterclaims and third parties
	(1)	In a proceeding in the court, the defendant is entitled to relief (whether at law or in equity)—
	(a)	against the plaintiff, if the relief claimed would have been granted to the defendant if the defendant had started a separate proceeding against the plaintiff; or
	(b)	against someone other than the plaintiff, if—
	(i)	the relief claimed relates to the subject matter of the proceeding; and
	(ii)	the person is served with written notice of the claim; and
	(iii)	the claim would have been granted to the defendant if the defendant had started a separate proceeding against the person.
	(2)	If a person is served with a notice mentioned in subsection (1) (b) (ii), the person is taken to be a party to the relevant proceeding with the same rights as if the defendant had started a separate proceeding against the person.
62	Injunctions
	(1)	At any stage of a proceeding, the court may grant an injunction (interlocutory or otherwise) on the conditions the court considers appropriate if the court considers it appropriate to do so.
	(2)	Without limiting subsection (1), the court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury.
	(3)	Subsection (2) applies in relation to a threatened waste or trespass to land whether or not—
	(a)	the person against whom the injunction is sought claims any title to the land; or
	(b)	that person is in possession of the land; or
	(c)	the estates claimed by both or either of the parties are legal or equitable.
63	Receivers
	(1)	This section applies only to a civil proceeding in the Supreme Court.
	(2)	At any stage of the proceeding, the court may appoint a receiver if the court considers it appropriate to do so.
	(3)	The appointment may be made on the conditions the court considers appropriate.
64	Rules of practice and procedure—judicial discretion
In a proceeding, if no provision about a matter of practice or procedure of a court is made under this Act or another territory law, the court may give the directions about practice and procedure that it considers appropriate.
65	Appearance by lawyer
A party to a proceeding in a court may appear before the court either personally or by a lawyer.
66	Non-appearance or absence of some defendants
	(1)	When there are several defendants in any cause pending in the court, if any defendant is not served with process and does not voluntarily appear, the court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the court.
	(2) 	The judgment referred to in subsection (1) in a cause does not prejudice a defendant in the cause who is not served with process and does not voluntarily submit to the jurisdiction of the court.
	(3)	If, in a suit of which the court has jurisdiction, a defendant is not a resident of, or in, Australia and does not voluntarily appear in the suit, the court may nevertheless exercise its jurisdiction after notice to the defendant, and on the conditions, prescribed under the rules.
67	Amendment of defects
	(1)	The court may at any time amend a defect or error in a proceeding in the court.
	(2)	The amendment may be made on the conditions the court considers just.
	(3)	An amendment under this section is to be made for the purpose of deciding the real questions in issue in the proceeding.
68	Formal defects to be amended
	(1)	No proceedings in the court are to be invalidated by any formal defect or by any irregularity, unless the court is of opinion that substantial injustice has been caused and that the injustice cannot be remedied by an order of the court.
	(2)	The court may make an order declaring that any proceeding is valid despite any formal defect or any irregularity.

Part 7A	Procedural provisions—proceedings involving children or young people
Division 7A.1	General
69	Childrens Court procedure 
	(1)	The Magistrates Court Act 1930, chapter 3 (Criminal proceedings), and the rules applying to criminal proceedings in the Magistrates Court, apply to the Childrens Court in relation to a criminal proceeding.
	(2)	The rules applying to civil proceedings in the Magistrates Court apply to the Childrens Court in relation to any other proceeding.
71	When parents must attend court proceedings 
	(1)	A parent of a child or young person who is the subject of a proceeding in a court must attend the court throughout the proceeding if—
	(a)	notice of the proceeding has been given to the parent; or
	(b)	the parent otherwise knows of the proceeding.
	(2)	Notice of a proceeding given to a parent must state—
	(a)	when and where the hearing of the proceeding will begin; and
	(b)	that a warrant may be issued to bring the parent before the court if the parent does not attend throughout the proceeding.
	(3)	The court may issue a warrant to bring a parent of a child or young person before the court if—
	(a)	notice of the proceeding has been given to a parent of the child or young person; but
	(b)	neither parent attends the court at the beginning of, or at any time during, the proceeding.
	(4)	This section applies to a parent who lives in or outside the ACT.
	(5)	However, this section does not apply to a parent if—
	(a)	daily care responsibility or long-term care responsibility for the child or young person has been transferred to someone else; or
	(b)	for a criminal proceeding—the parent was a victim of an offence to which the proceeding relates and the court excludes the parent under section 72 (2); or
	(c)	exceptional circumstances prevent the parent from attending.
Examples—par (c)
1	the parent is overseas and unable to return
2	the parent is serving a sentence of imprisonment by full-time detention
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).
	(6)	Also, this section does not apply to a proceeding under the care and protection chapters of the Children and Young People Act 2008.
	(7)	In this section:
daily care responsibility—see the Children and Young People Act 2008, section 19. 
long-term care responsibility—see the Children and Young People Act 2008, section 20. 
victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.
72	Court proceedings involving children or young people not open to public 
	(1)	If a child or young person is the subject of a proceeding in a court, the following people are the only people who may be present at the hearing of the proceeding:
	(a)	an officer of the court;
	(b)	a party to the proceeding, a lawyer representing the party, and an employee of the lawyer;
	(c)	a parent of the child or young person;
	(d)	someone else who has daily care responsibility, or long-term care responsibility, for the child or young person;
	(e)	anyone else the court admits as the child’s or young person’s representative;
	(f)	the chief executive responsible for the Children and Young People Act 2008 or an authorised person under that Act;
	(g)	the public advocate or a person authorised by the public advocate for this section;
	(h)	a person who has, or a representative of an entity that has, provided a report under the care and protection chapters of the Children and Young People Act 2008;
	(i)	for a criminal proceeding—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer;
Note	Publishing certain information about proceedings involving children is an offence (see Criminal Code, s 712A (Publishing identifying information about childrens proceedings)).
	(j)	for a criminal proceeding—a person who was a victim of an offence to which the proceeding relates, unless the person is excluded by the court under subsection (2);
	(k)	for a criminal proceeding in which circle sentencing is being considered—a person involved in the circle sentencing;
	(l)	anyone else required or permitted to be present by the court or under the Children and Young People Act 2008 or any other Act.
	(2)	A court may exclude a person who was a victim of an offence to which a criminal proceeding relates from being present at the hearing of the proceeding if it considers it is appropriate to do so having regard to—
	(a)	the person’s behaviour or expected behaviour; or
	(b)	the nature of the person’s relationship with the child or young person.
Example—par (b)
a violent or abusive relationship
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)	The public advocate and the chief executive responsible for the Children and Young People Act 2008 may make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (l), or exclude a person under subsection (2). 
	(4)	In this section:
circle sentencing—see the Magistrates Court Act 1930, section 309 (4).
daily care responsibility—see the Children and Young People Act 2008, section 19.
long-term care responsibility—see the Children and Young People Act 2008, section 20. 
victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.
73	Court may excuse parties from attending proceedings 
	(1)	This section applies if a child or young person is the subject of a proceeding in a court.
	(2)	On the application of a party to the proceeding, the court may excuse the party from attending all or part of the proceeding.
	(3)	The court may, at any time and by notice given to the party, require the party to attend the proceeding.
74	Certain related applications may be heard together 
	(1)	If 2 or more applications have been filed in a court in relation to a child or young person, the court may hear and decide the applications together if it considers that it would be in the best interests of the child or young person.
	(2)	If 2 or more applications are before a court in relation to children or young people who are related, or that raise related matters about children or young people, the court may hear and decide the applications together if it considers that it would be in the best interests of each child or young person.
74A	Participation of children and young people in proceedings 
	(1)	A child or young person has a right to take part in a proceeding in a court in relation to the child or young person.
	(2)	The court may ask the chief executive responsible for the Children and Young People Act 2008 to assist the court by giving the child or young person sufficient information about the proceeding, in language and a way that the child or young person can understand, to allow the child or young person to take part fully in the proceeding.
74B	Court must ensure children and young people etc understand proceedings 
In a proceeding under the Children and Young People Act 2008 or another territory law to which a child or young person is a party, the court must endeavour to ensure that the child or young person and any other party present at the hearing of the proceeding—
	(a)	understands the nature and purpose of the proceeding and of any order that the court proposes to make or has made; and
	(b)	if any relevant right of appeal exists—knows of the existence of a right of appeal against the relevant finding or order of the court.
74C	Chief executive and public advocate etc may appear at proceedings 
	(1)	This section applies if there is a hearing in a court of—
	(a)	a proceeding against a child or young person; or
	(b)	an application, proceeding or matter under the Children and Young People Act 2008 or in relation to which that Act applies.
	(2)	Each of the following is entitled to appear and be heard and may call witnesses:
	(a)	the chief executive responsible for the Children and Young People Act 2008;
	(b)	an authorised person under the Children and Young People Act 2008;
	(c)	the public advocate;
	(d)	a person authorised by the public advocate for this section.
74D	Court may order report about young person 
	(1)	A court hearing a criminal proceeding in relation to or against a child or young person may order the chief executive responsible for the Children and Young People Act 2008 to give the court a report about the child or young person.
	(2)	A chief executive given an order must, despite any other ACT law other than the Human Rights Act 2004, give a report.
	(3)	In giving effect to the order, the chief executive may do, or arrange for someone else to do, 1 or more of the following:
	(a)	visit and interview the child or young person;
	(b)	interview a parent of the child or young person;
	(c)	interview a schoolteacher or other person involved with the education or welfare of the child or young person;
	(d)	require the child or young person to submit to being interviewed by a doctor or other named person.
	(4)	Unless a court otherwise orders, a copy of the report must be made available to the parties to the proceeding.
	(5)	The person providing the report may be called as a witness by a party to the proceeding.
74E	Children and young people may have legal and other representative 
	(1)	In a proceeding in a court in relation to a child or young person, the child or young person may be represented by a lawyer or litigation guardian, or both.
	(2)	A representative of the child or young person must ensure that views and wishes stated by the child or young person are put to the court.
	(3)	A representative of the child or young person must tell the court whether the representative is acting on the child’s or young person’s instructions or in the best interests of the child or young person, or both.
74F	Leave needed for litigation guardian 
	(1)	In a proceeding in a court in relation to a child or young person, a person may be a litigation guardian for the child or young person only if the court gives leave.
	(2)	The court may give leave for a person to be a litigation guardian for a child or young person only if both the person and the child or young person have been given an opportunity to be heard about the appointment.
74G	Legal representation of children and young people 
A court may hear a proceeding in relation to a child or young person only if—
	(a)	the child or young person has a lawyer; or
	(b)	the court is satisfied that—
	(i)	the child or young person has had a reasonable opportunity to get legal representation; and
	(ii)	the best interests of the child or young person will be adequately represented in the proceeding.
74H	Orders about legal representation of children and young people—all proceedings 
	(1)	This section applies if, in a proceeding in a court in relation to a child or young person—
	(a)	the child or young person does not have a lawyer; and
	(b)	either—
	(i)	the court is not satisfied that the child or young person has made, or can make, an informed and independent decision not to be represented by a lawyer, and it considers that the child or young person should be represented by a lawyer; or
	(ii)	the court is not satisfied that the interests of the child or young person will be adequately represented in the proceeding.
	(2)	The court may, on application or on its own initiative, make any order, or give any direction, it considers necessary or desirable to allow the child or young person a reasonable opportunity to get a lawyer.
74I	Rule-making committee and court to have regard to youth justice principles
	(1)	The rule-making committee must have regard to the youth justice principles in making rules that relate, or may relate, to criminal proceedings involving children or young people.
	(2)	A court must have regard to the youth justice principles in deciding any matter relating to the conduct of a criminal proceeding before the court that involves a child or young person.
	(3)	A court may also have regard to the youth justice principles when deciding any matter relating to the conduct of a criminal proceeding before the court that involves—
	(a)	a person who is at least 18 years old but under 21 years old; and 
	(b)	an offence committed, or allegedly committed, by the person when he or she was under 18 years old.
	(4)	In this section:
youth justice principles—see the Children and Young People Act 2008, section 94.
Division 7A.2	Care and protection considerations in proceedings
74J	Definitions—div 7A.2
In this division:
care and protection chapters means the care and protection chapters under the Children and Young People Act 2008.
chief executive means the chief executive responsible for the Children and Young People Act 2008. 
in need of care and protection, for a child or young person—see the Children and Young People Act 2008, section 345.
74K	Proceedings dismissed or adjourned for care and protection reasons 
	(1)	If, when hearing an indictment against a child or young person, the court is satisfied that the child or young person is in need of care and protection, the court may—
	(a)	dismiss the indictment; or
	(b)	adjourn the proceeding for up to 15 days.
Note	Indictment  includes information (see Legislation Act, dict, pt 1).
	(2)	If a court acts under subsection (1), the court must, as soon as practicable but not later than 2 working days after the day it acts, give a statement of the reasons for the action to—
	(a)	the chief executive; and
	(b)	the public advocate.
	(3)	The statement of reasons must contain the following information about the proceeding:
	(a)	if the proceeding has been adjourned—the reason the proceeding was adjourned;
	(b)	the circumstances the court is aware of that led to the child or young person coming before the court;
	(c)	the factors that satisfied the court that the child or young person is in need of care and protection.
	(4)	The chief executive must treat a statement of reasons given to the chief executive under subsection (2) as if it were a report made under the Children and Young People Act 2008, section 356 (Offence—mandatory reporting of abuse).
74L	Chief executive must report to court and public advocate 
	(1)	This section applies if—
	(a)	a proceeding has been adjourned under section 74K (1); and
	(b)	the court has given the chief executive a statement of reasons under section 74K (2).
	(2)	Not later than 15 days after the day the court adjourns the proceeding under section 74K (1), the chief executive must tell the public advocate and the court, in writing—
	(a)	what action the chief executive has taken, is taking or proposes to take under the care and protection chapters in relation to the child or young person; or
	(b)	if the chief executive proposes to take no action under any care and protection chapter in relation to the child or young person—that the chief executive proposes to take no action.
	(3)	Without limiting when the chief executive is taken to have complied with subsection (2), the chief executive is taken to have complied with that subsection if the chief executive—
	(a)	makes an application under the care and protection chapters in relation to the child or young person; and
	(b)	gives a copy of the application to the public advocate.
74M	Court action after adjournment 
	(1)	This section applies when a proceeding adjourned under section 74K (1) comes before the court again.
	(2)	The court may dismiss the proceeding—
	(a)	if—
	(i)	the chief executive has, under section 74L (2) (a), told the court what action the chief executive has taken, is taking or proposes to take under the care and protection chapters in relation to the child or young person; and
	(ii)	the court is satisfied that taking the action is in the best interests of the child or young person; or
	(b)	if—
	(i)	the chief executive has, under section 74L (2) (b), told the court that the chief executive proposes to take no action under any care and protection chapter in relation to the child or young person; and
	(ii)	the court is satisfied that it is in the best interests of the child or young person that the chief executive takes no action; or
	(c)	the chief executive has made an application under the care and protection chapters in relation to the child or young person.
	(3)	The court may also make any other order or take any other action in relation to the indictment against the child or young person that the court considers appropriate.

Part 8	Supreme Court—criminal proceedings
Division 8.1	Supreme Court criminal proceedings—preliminary
75	Application—pt 8
This part applies to a criminal proceeding in the Supreme Court.
Division 8.2	Trial on indictment
76	Trial proceedings after presentation of indictment and before empanelment of jury
	(1)	The Supreme Court has jurisdiction in relation to the conduct of a proceeding on indictment as soon as the indictment is presented and the accused person is arraigned.
	(2)	Any orders that may be made by the Supreme Court for the purposes of the trial in the absence of the jury may be made before—
	(a)	a jury is empanelled; or
	(b)	if the accused person elects to be tried by a judge alone—the trial starts.
	(3)	If a proceeding is held for the purpose of making an order to which subsection (2) applies after the indictment is presented and before a jury is empanelled or a trial by judge alone starts—
	(a)	the proceeding is part of the trial of the accused person; and
	(b)	if the accused person is to be tried by a jury—the accused person must be arraigned again on the indictment when the jury is empanelled for the continuation of the trial.
	(4)	This section does not require a jury to be empanelled for the trial of the accused person for an offence if the accused person pleads guilty to the offence before the jury is empanelled.

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	Court may inquire into truth of return of writ
Upon the return of a writ of habeas corpus, the court before which the writ is returnable may inquire into the truth of the matters set forth in the return of the writ.
82	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 legislative instruments) to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
83	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.

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)	confidentiality for mediators, neutral evaluators and expert witnesses;
	(i)	protection from liability for mediators, neutral evaluators and expert witnesses;
	(j)	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)	set-off and contribution, including, for example, rights to set‑off and contribution;
	(f)	third-party procedure
10	Steps in proceedings
steps in proceedings, including, for example, the first step for a defendant in a proceeding
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;
	(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;
	(c)	for the Supreme Court—receivers and sales of land 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)	making findings of liability independently of awarding damages;
	(h)	assessment and awarding of damages, including, for example—
	(i)	structured settlements, that is, payment of awards of damages otherwise than in lump sum form; and
	(ii)	awarding damages independently of making findings of liability;
	(i)	simplifies procedures for certain 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 orders, including prerogative injunctions and declarations, and the form in which prerogative relief or remedy may be granted;
	(f)	for the Supreme Court—habeas corpus orders, including the form in which relief by way of habeas corpus may be granted
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
contempt of court, including, for example, the following:
	(a)	contempt of the court as constituted other than by a judge or magistrate;
	(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
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:
·	ACAT
·	chief executive (see s 163)
·	government solicitor
·	Magistrates Court
·	property
·	public servant
·	Supreme Court
·	reviewable decision notice
·	territory authority.
advisory committee means the advisory committee established under section 11.
assistant sheriff, for part 5 (Court security)—see section 40.
child, for part 7A (Procedural provisions—proceedings involving children or young people)—see the Children and Young People Act 2008, section 11.
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.
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 6.
judge, for part 5 (Court security)—see section 40.
judgment, for part 4 (Crown proceedings)—see section 20.
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.
reviewable decision, for division 3.2 (Review of decisions—fees)—see section 18.
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.
young person, for part 7A (Procedural provisions—proceedings involving children or young people)—see the Children and Young People Act 2008, 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

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	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)
Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.4, amdt 1.7
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006
sch 1 pt 1.4, amdt 1.7 commenced 28 March 2007 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.4, sch 2 pt 2.13, amdt 2.203, amdt 2.204
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 1 pt 1.4 commenced 19 October 2006 (s 2 (3))
sch 2 pt 2.13, amdt 2.203, amdt 2.204 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.7
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.7 commenced 16 November 2006 (s 2 (1))
Court Legislation Amendment Act 2006 A2006-55 pt 3
notified LR 18 December 2006
s 1, s 2 commenced 18 December 2006 (LA s 75 (1))
pt 3 commenced 19 December 2006 (s 2)
Children and Young People Act 2008 A2008-19 sch 1 pt 1.2
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
sch 1 pt 1.2 commenced 27 February 2009 (s 2 and CN2008-17 (and see A2008-13))
Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 1 pt 1.2, sch 2 pt 2.5, sch 4 pt 4.5
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3, s 4 commenced 18 July 2008 (s 2 (1))
sch 1 pt 1.2, sch 4 pt 4.5 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008‑17 (and see A2008-13))
sch 2 pt 2.5 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.2
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.2 commenced 29 July 2008 (s 2)
Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.1
notified LR 15 July 2008
s 1, s 2 commenced 15 July 2008 (LA s 75 (1))
sch 2 pt 2.1 commenced 15 January 2009 (s 2 (1) and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.15
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.15 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.3
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
sch 3 pt 3.3 commenced 30 March 2009 (s 2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.20
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.20 commenced 22 September 2009 (s 2)
Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.2
notified LR 3 September 2009
s 1, s 2 commenced 3 September 2009 (LA s 75 (1))
sch 1 pt 1.2 commenced 4 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.7
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))
sch 1 pt 1.7 commenced 22 December 2009 (s 2 (3))
Crimes (Sentence Administration) Amendment Act 2010 A2010-21 sch 1 pt 1.2
notified LR 30 June 2010
s 1, s 2 commenced 30 June 2010 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2010 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.11
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.11 commenced 1 March 2011 (s 2)
Workplace Privacy Act 2011 A2011-4 s 49
notified LR 24 February 2011
s 1, s 2 commenced 24 February 2011 (LA s 75 (1))
s 49 commenced 10 March 2011 (s 2 (1))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Rule-making power
s 7	am A2005-20 amdt 3.96
Approved forms
s 8	am A2011-3 amdt 3.148
Fees generally
div 3.1 hdg	ins A2008-36 amdt 1.192
Definitions—pt 3
s 12	def energy and water consumer council ins A2008-22 amdt 1.15
	om A2009-20 amdt 3.49
	def essential services consumer council om A2008-22 amdt 1.15
	def relevant legislation sub A2008-36 amdt 1.193
	am A2010-21 amdt 1.3; pars renum R27 LA
	def tribunal am A2008-22 amdt 1.16
	om A2008-36 amdt 1.194
Determination of fees
s 13	am A2006-40 amdt 2.88, amdt 2.89; A2008-36 amdt 1.195; A2011-3 amdt 3.149
Payment of fees
s 14	am A2008-36 amdt 1.196
Remission, refund, deferral, waiver and exemption of fees
s 15	am A2005-13 amdt 1.21; A2006-25 amdt 2.4; A2006-55 s 7; A2008-20 amdt 2.15, amdt 2.16, amdt 4.12, amdt 4.13; A2008-36 amdts 1.197-1.199; ss renum R21 LA; A2008-46 amdt 3.9
Recovery of fees in civil proceedings if fees not otherwise payable
s 16	am A2008-36 amdt 1.200, amdt 1.201
Review of decisions—fees
div 3.2 hdg	ins A2008-36 amdt 1.202
Meaning of reviewable decision—div 3.2
s 18	sub A2008-36 amdt 1.202
Reviewable decisions—court
s 18A	ins A2008-36 amdt 1.202
Reviewable decisions—ACAT
s 18B	ins A2008-36 amdt 1.202
No fee for review by court or ACAT
s 18C	ins A2008-36 amdt 1.202
Definitions—pt 4
s 20	def judgment sub A2008-36 amdt 1.203
	def proceeding sub A2008-36 amdt 1.203
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; A2008-36 amdt 1.204
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); A2008-36 amdt 1.205, amdt 1.206
Fees and charges in proceedings
s 28 hdg	sub A2008-36 amdt 1.207
s 28	reloc from Crown Proceedings Act 1992 s 12 by A2004-60 amdt 1.118
	am A2008-36 amdt 1.208
Enforcement of judgments against Territory Crown
s 29	reloc from Crown Proceedings Act 1992 s 13 by A2004-60 amdt 1.118
	am A2008-36 amdt 1.209
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
	am A2008-36 amdt 1.210
Enforcement of judgments by the Crown
s 31	reloc from Crown Proceedings Act 1992 s 14 by A2004-60 amdt 1.118
	sub A2008-36 amdt 1.211
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; A2008-36 amdt 1.212; pars renum R21 LA
	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
	sub A2008-25 amdt 2.1
	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
	am A2008-36 amdt 1.213, amdt 1.214; pars renum R21 LA; A2008-20 amdt 4.14; A2011-4 s 49; pars renum R30 LA
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
	am A2009-44 amdt 1.21
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, magistrate or presidential member may close court premises
s 50 hdg	am A2008-36 amdt 1.215
s 50	reloc from Court Security Act 2001 s 15 by A2004-60 amdt 1.99
	am A2008-36 amdt 1.215, amdt 1.216
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
Procedural provisions—all proceedings
pt 6 hdg	orig pt 6 hdg
	renum as pt 9 hdg
	prev pt 6 hdg
	ins A2005-60 amdt 1.35
	reloc to Evidence (Miscellaneous Provisions) Act 1991 pt 6 by A2006-40 amdt 2.90
	pres pt 6 hdg
	ins A2006-40 amdt 2.91
Application—pt 6
s 53	orig s 53
	renum as s 80
	prev s 53
	reloc from Evidence Act 1971 s 82 by A2005-60 amdt 1.61
	reloc to Evidence (Miscellaneous Provisions) Act 1991 s 90 by A2006-40 amdt 2.90
	pres s 53
	ins A2006-40 amdt 2.91
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
	prev s 54
	reloc from Evidence Act 1971 s 83 by A2005-60 amdt 1.61
	reloc to Evidence (Miscellaneous Provisions) Act 1991 s 91 by A2006-40 amdt 2.90
	pres s 54
	ins A2006-40 amdt 2.91
Noncompliance with s 54 order
s 55	reloc from Evidence Act 1971 s 84 by A2005-60 amdt 1.61
	reloc to Evidence (Miscellaneous Provisions) Act 1991 s 92 by A2006-40 amdt 2.90
Procedural provisions—civil proceedings
pt 7 hdg	orig pt 7 hdg renum as pt 10 hdg
	ins A2005-60 amdt 1.35
	sub A2006-40 amdt 2.91
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
	om A2006-40 amdt 2.91
Definitions—pt 7
s 57	reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
	def examination reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
	def inferior court reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
	def judicial authority reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Supreme Court proceedings
s 58	reloc from Evidence Act 1971 s 85C by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Inferior court proceedings
s 59	reloc from Evidence Act 1971 s 85D by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Application—pt 7
s 60	orig s 60 renum as s 100
	reloc from Evidence Act 1971 s 85E by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Counterclaims and third parties
s 61	orig s 61 renum as s 101
	reloc from Evidence Act 1971 s 85F by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Arrest on mesne process
div 7.2 hdg	renum as div 10.2 hdg
Injunctions
s 62	orig s 62 renum as s 102
	reloc from Evidence Act 1971 s 85G by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Receivers
s 63	orig s 63 renum as s 103
	reloc from Evidence Act 1971 s 85H by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
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
Rules of practice and procedure—judicial discretion
s 64	orig s 64 renum as s 104
	reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	sub A2006-40 amdt 2.91
	def request reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	def requesting court reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
Appearance by lawyer
s 65	orig s 65 renum as s 105
	reloc from Evidence Act 1971 s 85K by A2005-60 amdt 1.80
	sub A2006-40 amdt 2.91
Non-appearance or absence of some defendants
s 66	orig s 66 renum as s 106
	reloc from Evidence Act 1971 s 85L by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	reloc from Supreme Court Act 1933 s 58 by A2006-40 amdt 2.203
Amendment of defects
s 67	orig s 67 renum as s 107
	reloc from Evidence Act 1971 s 85M by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	reloc from Supreme Court Act 1933 s 59 by A2006-40 amdt 2.204
Formal defects to be amended
s 68	orig s 68 renum as s 108
	reloc from Evidence Act 1971 s 85N by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	reloc from Supreme Court Act 1933 s 60 by A2006-40 amdt 2.204
	am A2011-3 amdt 3.150, amdt 3.151
Procedural provisions—proceedings involving children or young people
pt 7A hdg	ins A2008-19 amdt 1.15
General
div 7A.1 hdg	ins A2008-19 amdt 1.15
Childrens Court procedure
s 69	orig s 69 renum as s 109
	ins A2008-19 amdt 1.15
Application for order nisi for discharge
s 70	renum as s 110
When parents must attend court proceedings
s 71	orig s 71 renum as s 111
	ins A2008-19 amdt 1.15
	am A2009-24 amdt 1.3, amdt 1.4
Court proceedings involving children or young people not open to public
s 72	orig s 72 renum as s 112
	ins A2008-19 amdt 1.15
	am A2009-24 amdt 1.5
Court may excuse parties from attending proceedings
s 73	orig s 73 renum as s 113
	ins A2008-19 amdt 1.15
Certain related applications may be heard together
s 74	orig s 74 renum as s 114
	ins A2008-19 amdt 1.15
Participation of children and young people in proceedings
s 74A	ins A2008-19 amdt 1.15
Court must ensure children and young people etc understand proceedings
s 74B	ins A2008-19 amdt 1.15
Chief executive and public advocate etc may appear at proceedings
s 74C	ins A2008-19 amdt 1.15
Court may order report about young person
s 74D	ins A2008-19 amdt 1.15
Children and young people may have legal and other representative
s 74E	ins A2008-19 amdt 1.15
Leave needed for litigation guardian
s 74F	ins A2008-19 amdt 1.15
Legal representation of children and young people
s 74G	ins A2008-19 amdt 1.15
Orders about legal representation of children and young people—all proceedings
s 74H	ins A2008-19 amdt 1.15
Rule-making committee and court to have regard to youth justice principles
s 74I	ins A2008-19 amdt 1.15
Care and protection considerations in proceedings
div 7A.2 hdg	ins A2008-19 amdt 1.15
Definitions—div 7A.2
s 74J	ins A2008-19 amdt 1.15
	def care and protection chapters ins A2008-19 amdt 1.15
	def chief executive ins A2008-19 amdt 1.15
	def in need of care and protection ins A2008-19 amdt 1.15
Proceedings dismissed or adjourned for care and protection reasons
s 74K	ins A2008-19 amdt 1.15
Chief executive must report to court and public advocate
s 74L	ins A2008-19 amdt 1.15
Court action after adjournment
s 74M	ins A2008-19 amdt 1.15
Supreme Court—criminal proceedings
pt 8 hdg	orig pt 8 hdg renum as pt 11 hdg
	ins A2005-60 amdt 1.35
	om A2006-40 amdt 2.91
	ins A2006-40 amdt 1.10
Supreme Court criminal proceedings—preliminary
div 8.1 hdg	ins A2006-40 amdt 1.10
Application—pt 8
s 75	ins A2006-40 amdt 1.10
Trial on indictment
div 8.2 hdg	ins A2006-40 amdt 1.10
Trial proceedings after presentation of indictment and before empanelment of jury
s 76	orig s 76 renum as s 115
	ins A2006-40 amdt 1.10
	(5)-(7) exp 19 October 2008 (s 76 (7) (LA s 88 declaration applies))
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
Court may inquire into truth of return of writ
s 80A	renum as s 81
Court may inquire into truth of return of writ
s 81	orig s 81
	renum as s 119
	prev s 81
	(prev s 53A) ins A2005-20 amdt 3.104
	renum as s 81 A2005-60 amdt 1.37
	am A2006-42 amdt 3.26
	renum as s 82
	pres s 81
	(prev s 80A) reloc from Law Reform (Miscellaneous Provisions) Act 1955 s 62 by A2006-38 amdt 1.7
	renum as s 81 A2006-38 amdt 1.4
Delegation by secretary of rule-making committee
s 82	orig s 82
	renum as s 120
	prev s 82
	(prev s 54) renum as s 82 A2005-60 amdt 1.37
	renum as s 83
	pres s 82
	(prev s 81) renum as s 82 A2006-38 amdt 1.4
Regulation-making power
s 83	orig s 83
	renum as s 121
	pres s 83
	(prev s 82) renum as s 83 A2006-38 amdt 1.4
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
	om R8 LA
General
div 10.1 hdg	(prev div 7.1 hdg) renum A2005-60 amdt 1.39
	om R8 LA
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)
Transitional—rules of court
pt 12 hdg	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506)
Transitional regulations
s 500	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506)
Construction of outdated references
s 501	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Abolition of old enforcement processes
s 502	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Right to claim set-off
s 503	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Abolition of distinction between court and chambers
s 504	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Application of sch 1 amendments
s 505	ins A2006-40 amdt 2.92
	exp 29 November 2006 (s 505 (3) (LA s 88 declaration applies))
Expiry—pt 12
s 506	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506)
Transitional—Children and Young People Act 2008
pt 13 hdg	ins A2008-20 amdt 1.2
	exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Meaning of commencement day—pt 13
s 510	ins A2008-20 amdt 1.2
	exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Notices to attend court proceeding
s 511	ins A2008-20 amdt 1.2
	exp 27 February 2011 (s 514) (LA s 88 declaration applies)
Existing proceedings
s 512	ins A2008-20 amdt 1.2
	exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Transitional regulations
s 513	ins A2008-20 amdt 1.2
	exp 27 February 2011 (s 514)
Expiry—pt 13
s 514	ins A2008-20 amdt 1.2
	exp 27 February 2011 (s 514 (LA s 88 declaration applies))
Miscellaneous
sch 1 item 6	am A2006-40 amdt 2.93
Parties and proceedings
sch 1 item 9	am A2006-40 amdt 2.94
Steps in proceedings
sch 1 item 10	sub A2006-40 amdt 2.95
Disclosure
sch 1 item 12	am A2006-40 amdt 2.96
Preservation of rights and property
sch 1 item 13	sub A2006-40 amdt 2.97
Trials and other hearings
sch 1 item 17	am A2006-40 amdt 2.98
Particular proceedings
sch 1 item 19	am A2006-40 amdt 2.99
Contempt of court
sch 1 item 24	am A2006-40 amdts 2.100-2.102
	sub A2006-55 s 8
Costs
sch 1 item 26	am A2006-40 amdt 2.103
New Magistrates Court (Civil Jurisdiction) Rules 2004
sch 2	om LA s 89 (3)
Dictionary
dict	am A2005-60 amdt 1.49; A2008-36 amdts 1.217-1.219
	def child ins A2008-19 amdt 1.16
	def examination ins A2005-60 amdt 1.50
	om R10 LA
	def firearm sub A2008-25 amdt 2.2
	def inferior court ins A2005-60 amdt 1.50
	om R10 LA
	def judicial authority ins A2005-60 amdt 1.50
	om R10 LA
	def request ins A2005-60 amdt 1.50
	om R10 LA
	def requesting court ins A2005-60 amdt 1.50
	om R10 LA
	def reviewable decision ins A2008-36 amdt 1.220
	def tribunal om A2009-20 amdt 3.50
	def young person ins A2008-19 amdt 1.16

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	
R7
1 July 2006	1 July 2006–
1 July 2006	A2006-25	amendments by A2006-25	
R8
2 July 2006	2 July 2006–
28 Sept 2006	A2006-25	commenced expiry	
R9
29 Sept 2006	29 Sept 2006–
18 Oct 2006	A2006-40	amendments by A2006-40	
R10
19 Oct 2006	19 Oct 2006–
15 Nov 2006	A2006-40	amendments by A2006-40	
R11
16 Nov 2006	16 Nov 2006–
29 Nov 2006	A2006-42	amendments by A2006-42	
R12
30 Nov 2006	30 Nov 2006–
18 Dec 2006	A2006-42	amendments by A2006-42	
R13
19 Dec 2006	19 Dec 2006–
10 Jan 2007	A2006-55	amendments by A2006-55	
R14
11 Jan 2007	11 Jan 2007–
27 Mar 2007	A2006-55	commenced expiry	
R15*
28 Mar 2007	28 Mar 2007–
1 July 2008	A2006-55	amendments by A2006-38	
R16
2 July 2008	2 July 2008–
28 July 2008	A2006-55	commenced expiry	
R17
29 July 2008	29 July 2008–
8 Sept 2008	A2008-25	amendments by A2008-22	
R18
9 Sept 2008	9 Sept 2008–
19 Oct 2008	A2008-36	amendments by A2008-20	
R19
20 Oct 2008	20 Oct 2008–
14 Jan 2009	A2008-46	commenced expiry	
R20
15 Jan 2009	15 Jan 2009–
1 Feb 2009	A2008-46	amendments by A2008-25	
R21
2 Feb 2009	2 Feb 2009–
26 Feb 2009	A2008-46	amendments by A2008-36	
R22
27 Feb 2009	27 Feb 2009–
29 Mar 2009	A2008-46	amendments by A2008-19 and A2008-20	
R23*
30 Mar 2009	30 Mar 2009–
3 Sept 2009	A2008-46	amendments by A2008-46	
R24
4 Sept 2009	4 Sept 2009–
21 Sept 2009	A2009-24	amendments by A2009-24	
R25
22 Sept 2009	22 Sept 2009–
21 Dec 2009	A2009-24	amendments by A2009-20	
R26
22 Dec 2009	22 Dec 2009–
30 June 2010	A2009-44	amendments by A2009-44	
R27
1 July 2010	1 July 2010–
27 Feb 2011	A2010-21	amendments by A2010-21	
R28
28 Feb 2011	28 Feb 2011–
28 Feb 2011	A2011-4	expiry of transitional provisions (pt 13)	
R29
1 Mar 2011	1 Mar 2011–
9 Mar 2011	A2011-4	amendments by A2011-3	

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