Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY

magistrates court rules
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 1 June 1998
TABLE OF PROVISIONS
Rule
Part I—Preliminary
	1.	Citation
	3.	Interpretation
Part II—Title of Proceedings
	4.	Form of heading and conclusion of notices
Part III—Officers
	5.	Office hours
	6.	Duties of Registrar
Part VI—Default Summons and Service
	31.	Effect of judgment entered in Australian Register of Judgments
Part XI—Proceedings Under Acts of New South Wales Continued in Force as Laws of the Territory
	67.	Proceedings under New South Wales Acts continued in force in the Territory
Part XII—Fees
Part XIV—Securities
	71.	Form of security
	72.	Security to be forwarded to Court
Part XVIIIA—Service of Foreign Documents
	97A.	Service of foreign documents
Part XVIIIB—Obtaining evidence for foreign tribunals
	97B.	Obtaining evidence for foreign Tribunals
Part XIX—Miscellaneous
	98.	Registrar may sign for legal practitioner
	99.	Forms may be altered
The Schedules
First Schedule
Forms

Australian Capital Territory

magistrates Court rules
Part I—Preliminary
1. 	Citation
	These Rules may be cited as the Magistrates Court Rules.1
3. 	Interpretation 
(1) 	In these Rules, unless the contrary intention appears— 
“Clear days” means that in all cases in which any particular number of days is prescribed for the doing of any act or for any other purpose the same is to be reckoned exclusive both of the first day and of the last day;
“the Act” means the Magistrates Court Act 1930.
(2) 	Any reference to a Form shall be read as a reference to a Form in the First Schedule to these Rules.
Part II—Title of Proceedings
4. 	Form of heading and conclusion of notices
	The general form of heading and conclusion of all notices, orders and writs in respect of proceedings to enforce a judgment given or entered, or an order made, shall be in accordance with Forms 1 and 2.

Part III—Officers
5. 	Office hours
(1) 	The office of the Registrar shall be kept open from 10am to 12.30pm and from 1.30pm to 4pm on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, but shall be closed on any such day as is appointed a public holiday or as is directed by the Attorney-General.
(2) 	On every day on which any Court sits, the office shall be kept open from 9.15am.
6. 	Duties of Registrar
	The Registrar shall—
	(a)	register all records, orders and convictions of the Court;
	(b)	keep an account of all proceedings of the Court;
	(c)	take charge, and keep an account, of all Court fees, fines, penalties and costs and other moneys payable or paid into Court, and of all moneys paid out of Court;
	(d)	enter an account of all such fees, fines, penalties, costs and moneys in a ledger belonging to the Court to be kept by him or her for that purpose; and 
	(e)	in the month of July of each year make out a correct list of all sums of money belonging to suitors in the Court which have been paid into Court and have remained unclaimed for 5 years before the first day of such month, specifying the names of the parties for whom or on whose account the same were so paid into Court; and a copy of such list shall be put up and remain during the Court hours in some conspicuous part of the Court House and in the Registrar’s office.
Part VI—Default Summons and Service
31. 	Effect of judgment entered in Australian Register of Judgments
	A judgment for any amount of money entered in the Australian Register of Judgments kept by the Registrar in pursuance of the provisions of the Service and Execution  of Process Act 1901 of the Commonwealth, shall have the effect of, and operate and be enforceable as, a judgment given or entered by the Court upon a claim for the payment of such amount, together with an amount equal to the fees paid to the Registrar for entering the judgment in such register, the amount of which fees shall be inserted by the Registrar in the judgment.
Part XI—Proceedings under acts of New South Wales continued in force as laws of the Territory
67. 	Proceedings under New South Wales Acts continued in force in the Territory
	Proceedings in the Court in respect of an information or complaint under an Act of the State of New South Wales which, by virtue of the provisions of the Seat of Government Acceptance Act 1909 of the Commonwealth, has been continued in force as a law of the Territory, shall, subject to the law of the Territory under which such proceedings are instituted, be heard and determined by the Court according, as nearly as may be, to the provisions regulating proceedings before the Court with respect to offences punishable summarily.
Part XII—Fees
Part XIV—Securities
71. 	Form of security 
	Where, under section 148 of the Act, time is allowed for the payment of any sum or payment of any sum is directed to be made by instalments, and it is ordered that the person liable to pay such sum shall give security with or without sureties for the due payment thereof, such security, if given by an oral or written acknowledgment, shall be in accordance with Form 16.
72. 	Security to be forwarded to Court
	Where any security is not entered into at the Court House where the conviction or order was made, the person before whom it is entered shall forward it to the Court. 
Part XVIIIA—Service of Foreign Documents
97A. 	Service of foreign documents
	Where, in connection with any civil or commercial cause or matter pending before a Court or Tribunal in any foreign country which is a party to a Convention regarding Legal Proceedings in Civil and Commercial Matters which has been extended to the Commonwealth, a request for service of any document on a person in the Australian Capital Territory is received by the Registrar of the Magistrates Court from the Consular or other authority of such country, the following procedure shall, subject to any special provisions contained in the Convention, be adopted:
	(a)	The service shall be effected by such person as the Magistrate from time to time appoints for that purpose, or by the authorised agent of that person, by delivering to and leaving with the person to be served the original document or a copy of that document, as indicated in the Request, and 1 copy of the translation thereof, in accordance with the Rules and Practice of the Magistrates Court regulating the service of process;
	(b)	No Court fees shall be charged for the service, but the particulars of the charges of the person or agent employed to effect service shall be submitted to the Registrar of the Magistrates Court who shall certify the amount properly payable in respect thereof;
	(c)	The Registrar shall transmit to the Attorney-General of the Commonwealth for transmission to the Consular or other authority making the request a certificate establishing the fact and the date of the service, or indicating the reasons why it has not been possible to effect it, and a statement of the amount of the charges properly payable certified in accordance with paragraph (2).
Part XVIIIB—Obtaining Evidence for Foreign Tribunals
97B. 	Obtaining evidence for foreign Tribunals
(1) 	Where, in pursuance of any Convention regarding Legal Proceedings in Civil and Commercial Matters to which the Commonwealth is a party, it is made to appear to the Magistrate by letters of Request, or such other evidence as the Magistrate may require, that a judicial authority in any other country which is a party to the Convention is desirous of obtaining, for the purposes of any cause or matter which is pending before that authority, the testimony of any witness or witnesses within the Territory, the Magistrate may, on the ex parte application of any person shown to be duly authorised to make the application and on production of the Letter of Request, or upon application made in such other manner as is provided in the Convention, make such order or orders as may be necessary to give effect to the intention of the Convention.
(2) 	An order made under subrule (1) shall be in accordance with Form 20, with such variations as circumstances may require. 
(3) 	The examination may be ordered to be taken before any fit and proper person nominated by the person applying, or before an Officer of the Court, or such other qualified person as to the Magistrate may seem fit.
(4) 	Unless otherwise provided in the Order for Examination, the person before whom the examination is taken shall, on its completion, forward the same to the Registrar of the Court and on receipt thereof the Registrar shall append thereto a Certificate in accordance with Form 21, with such variations as circumstances may require, and shall forward the depositions so certified, and the Letter of Request, if any, to the Attorney-General of the Commonwealth for transmission to the judicial authority desirous of obtaining the testimony in accordance with the terms of the Convention.
(5) 	An Order made under subrule (1) may, if the Magistrate thinks fit, direct the examination to be taken in such manner as may be requested by the Letter of Request from the foreign judicial authority, or therein signified to be in accordance with the practice or requirements of that judicial authority, or which may, for the same reason, be requested by the applicant for the Order, but in the absence of any such special directions, the examination shall be taken in the manner prescribed by the Magistrates Court (Civil Jurisdiction) Act 1982 and the Rules and Practice of the Court in relation to civil proceedings.
(6) 	Where a Letter of Request is transmitted to the Court with an intimation that it is desirable that effect should be given to the same without requiring an application to the Court by the agents of any of the parties to the action or matter in the foreign country, the Registrar shall transmit the same to the Australian Government Solicitor who may thereupon, with the consent of the Attorney-General of the Commonwealth, make such application and take such steps as may be necessary to give effect to the Letter of Request in accordance with these Rules. 
part xix—miscellaneous
98. 	Registrar may sign for legal practitioner
	Any documents whatsoever to which a signature of the legal practitioner on the record or his or her agent is required shall be equally valid if signed by a clerk of the legal practitioner or agent respectively.
99. 	Forms may be altered
	The forms in the First Schedule or forms to the like effect may be used for the purpose to which they are respectively applicable, and instruments in these forms shall be deemed sufficient but those forms or any of them may be altered for the purpose of adapting them to circumstances.

The Schedules
First Schedule
					Form 1	Rule 4
Magistrates Court Act  1930
General Form of Heading and Conclusion of All Notices
Australian Capital Territory
	Magistrates Court		No.						of 19
Between—
	A...........................B.........................
	Plaintiff
	and
	C...........................D.........................
	Defendant
	Dated this		day of			, 19

	Form 2	Rule 4
Magistrates Court Act 1930
General Form of Heading and Conclusion of Orders and Warrants
Australian Capital Territory
	Magistrates Court
Between—
	A...........................B.........................
	Plaintiff
	and
	C............................D........................
	Defendant
	Dated the		day of			19
							By the Court
	Registrar of Magistrates Court

	Form 16	Rule 71
Magistrates Court Act 1930
Security
Australian Capital Territory
	[Name in full] hereinafter called the defendant was this day [or on the 		
day of			] by a certain conviction of the Magistrates Court at Canberra in the Australian Capital Territory adjudged to pay the sum of			[by instalments of				      for every			days the first instalment to be paid 
on				] and to give security for the due payment thereof.  Now therefore 			and his or her sureties			of		in the Territory and 				of			in the Territory hereby undertake that					will pay the sum adjudged at the time and in manner thereby directed and hereby severally acknowledge themselves bound to forfeit and pay to			the sum of		in case			    fails to perform this undertaking.
	(Sgd.) [When not taken orally]
	..................................Defendant.
	.....................................Sureties.
	Taken [orally] before me this			day of			19    .
	....................................
	Magistrate

	Form 20	Rule 97B (2)
Magistrates Court Act 1930
	Australian Capital Territory
	Magistrates Court
	In the matter of a (Civil or Commercial) proceeding now pending before [description of Foreign Tribunal].
	Between:
	Plaintiff
and
	Defendant
	Upon reading the affidavit (if any) of
filed the					day of
19  , and the certificate of [name and description, as Ambassador, Minister, Diplomatic Agent or Consul of the Foreign Country] that proceedings are pending in the [Description of Foreign Tribunal] in [name of Foreign Country] and that such Court is desirous of obtaining the testimony of [names of witnesses]:
	It is ordered that the witness (or witnesses) do attend before [name and address of examiner], who is hereby appointed examiner herein, at [place appointed for examination] on the				day of			, 19    at		o’clock, or such other day and time as the examiner may appoint, and do there submit to be examined upon oath, or affirmation, touching the testimony so required, and do then and there produce [description of documents, if any, required to be produced].
	And it is further ordered that the examiner do take down in writing the evidence of the witness (or witnesses) according to the Rules and Practice of the Magistrates Court pertaining to the examination and cross-examination of witnesses [or as may be otherwise directed]; and do cause each and every such witness to sign his or her depositions in his or her, the examiner’s presence; and do sign the depositions taken in pursuance of this order, and when so completed, do transmit the same, together with this order, to the Registrar for transmission as provided.
	Dated this		day of					, 19
	Magistrate

	Form 21	Rule 97B (4)
	I,									, Registrar of the Magistrates Court of the Australian Capital Territory, hereby certify that the documents annexed hereto are (1) the original order of the Magistrates Court, dated the		 19    , made in the matter of							   pending in the										  at			in the							of directing the examination of certain witnesses to be taken before				    ; and (2) the examination and depositions taken by				 pursuant to the order, and duly signed and completed by him or her on the 	               day of				19   .
	Dated this		day of					19   .
	Registrar of Magistrates Court

NOTES
1.	The Magistrates Court Rules  (in force under the Magistrates Court Act 1930) as shown in this reprint comprise Rules made on 1 July 1932 amended as indicated in the Tables below.
	The Magistrates Court Rules were amended by the Magistrates Court Ordinance 1985, the Magistrates Court (Amendment) Ordinance (No. 3) 1986, the Self-Government (Consequential Amendments) Ordinance 1990, the Magistrates and Coroner’s Courts (Registrar) Act 1991, the Magistrates Court (Enforcement of Judgments) Act 1994 and the Legal Practitioners (Consequential Amendments) Act 1997 (No. 96, 1997).  The amendments are incorporated in this reprint.
	For application, savings or transitional provisions relating to the amendments see subsection 6 (2) of the Self-Government (Consequential Amendments) Ordinance 1990.
	The Australian Capital Territory received Self-Government on 11 May 1989.
	For details regarding the application of the Magistrates Court Rules from 11 May 1989 to 1 July 1990 see the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth (No. 106, 1988) and the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth (No. 109, 1988), in particular sections 3, 34 and Schedules 3 and 5 and section 12 respectively.  The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) and the Reserved Laws (Interpretation) Ordinance 1989 (No. 25, 1989) effect the citation change of Ordinance to Act and affect references to Commonwealth legislation.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Rules
Year and
number	Date of making	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

—	1 July 1932	7 July 1932	7 July 1932		
—	26 Nov 1932	1 Dec 1932	1 Dec 1932	—	
—	17 Dec 1937	23 Dec 1937	23 Dec 1937	—	
1950 No. 2	22 June 1950	29 June 1950	29 June 1950	—	
1953 No. 15	12 Nov 1953	27 Nov 1953	3 Dec 1953	—	
1958 No. 9	24 July 1958	31 July 1958	31 July 1958	—	
1960 No. 7	23 Aug 1960	30 Aug 1960	1 Sept 1960	—	
1965 No. 9	23 Nov 1965	24 Dec 1965	1 Jan 1966	R. 3	
1967 No. 2	10 Feb 1967	23 Feb 1967	23 Feb 1967	—	
1968 No. 9	10 Dec 1968	19 Dec 1968	1 Jan 1969 (see  r. 1 and Gazette 1968, p. 7571)	R. 4	
1969 No. 4	30 June 1969	30 June 1969	30 June 1969	R. 1	
1970 No. 7	20 Mar 1970	2 Apr 1970	2 Apr 1970	—	
1974 No. 12	2 Aug 1974	13 Aug 1974	13 Aug 1974	—	
1977 No. 7	30 Mar 1977	31 Mar 1977	31 Mar 1977	R. 1	
1979 No. 26	26 Nov 1979	29 Nov 1979	29 Nov 1979	—	
1980 No. 5	21 Mar 1980	31 Mar 1980	31 Mar 1980	R. 3	
1987 No. 1	13 Mar 1987	24 Mar 1987	1 Apr 1987	R. 2	
1988 No. 15	22 July 1988	27 July 1988	27 July 1988 (see r. 1)	—	
1989 No. 16	28 June 1989	30 June 1989	1 July 1989	—	
1991 No. 14	27 June 1991	28 June 1991	1 July 1991	—	
20	24 Sept 1991	25 Sept 1991	25 Sept 1991 (see r. 2 and Gazette 1991, No. S103, p. 3)	—	
(Reprinted as at 10 April 1995)	
(Reprinted as at 30 November 1996)	
					
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

R. 1	am. Ordinance No. 67, 1985
R. 2	am. 1953 No. 15
	rs. 1958 No. 9
	am. 1967 No. 2
	rep. 1979 No. 26
R. 4	am. Act No. 61, 1994
R. 3	am. by Rules made 17 Dec 1937; 1979 No. 26; Ordinances No. 67, 1985 and No. 74, 1986
R. 4	rs. Ordinance No. 74, 1986
R. 5	am. Act No. 44, 1991
R. 6	am. 1979 No. 26; Ordinance No. 5, 1990; Acts Nos. 44, 1991 and 61, 1994
R. 7	rep. Ordinance No. 74, 1986
R. 8	am. by Rules made 17 Dec 1937; 1979 No. 26
	rep. Ordinance No. 74, 1986
R. 9	am. by Rules made 17 Dec 1937; 1953 No. 15; 1979 No. 26; Ordinance No. 5, 1990; Act No. 44, 1991
	rep. Act No. 61, 1994
R. 10	am. Ordinance No.  5, 1990; Act No. 44, 1991
	rep. Act No. 61, 1994
R. 11	am. 1953 No. 15; 1979 No. 26; Ordinance No. 5, 1990
	rep. Act No. 61, 1994
R. 12	am. 1953 No. 15; Ordinance No. 5, 1990; Act No. 44, 1991
	rep. Act No. 61, 1994
Part IV (rr. 13-16)	rep. Ordinance No. 74, 1986
Rr. 13-16	rep. Ordinance No. 74, 1986
Part V (rr. 17-23)	rep. Ordinance No. 74, 1986
Rr. 17, 18	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
Rr. 19-23	rep. Ordinance No. 74, 1986
R. 24	rs. 1970 No. 7
	rep. Ordinance No. 74, 1986
Rr. 25-27	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
R. 28	rep. Ordinance No. 74, 1986
R. 29	rs. by Rules made 17 Dec 1937
	am. 1953 No. 15; 1967 No. 2; 1979 No. 26
	rep. Ordinance No. 74, 1986
R. 30	am. by Rules made 17 Dec 1937
	rs. 1950 No. 2; 1958 No. 9
	am. 1965 No. 9; 1967 No. 2; 1969 No. 4; 1977 No. 7
	rep. Ordinance No. 74, 1986
R. 31	am. 1979 No. 26; Ordinance No. 74, 1986; Act No. 44, 1991
R. 32	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
Part VII (rr. 33-49, 51)	rep. Ordinance No. 74, 1986
Rr. 33-36	rep. Ordinance No. 74, 1986
R. 37	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
R. 38	rep. Ordinance No. 74, 1986
R. 39	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
R. 40	rep. Ordinance No. 74, 1986
Rr. 41-43	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
Rr. 44-49	rep. Ordinance No. 74, 1986
R. 50	rep. 1968 No. 9
Part VIII (rr. 52, 53)	rep. Ordinance No. 74, 1986
Rr. 52, 53	rep. Ordinance No. 74, 1986
Part IX (rr. 54-58)	rep. Ordinance No. 74, 1986
R. 54	rep. Ordinance No. 74, 1986
R. 55	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
Rr. 56, 57	rep. Ordinance No. 74, 1986
R. 58	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
Part IXA (rr. 58A-58E)	ad. 1958 No. 9
	rep. 1967 No. 2

Rr. 58A-58E	ad. 1958 No. 9
	rep. 1967 No. 2
Part X (rr. 59-66)	rep. Ordinance No. 74, 1986
Rr. 59-66	rep. Ordinance No. 74, 1986
R. 67	am. 1968 No. 9; Ordinance No. 74, 1986
Heading to Part XII	am Ordinance No. 74, 1986
Part XII (r. 68)	rep. 1953 No. 15
Part XII (rr. 68, 68A)	ad. 1953 No. 15
R. 68	am. by Rules made 17 Dec 1937
	rs. 1953 No. 15; 1980 No. 5
	am. Ordinances No. 67, 1985 and No. 74, 1986; 1987 No. 1; 1988 No. 15; 1989 No. 16;  1991 No. 14
	rep. 1991 No. 20
R. 68A	ad. 1953 No. 15
	rep. 1967 No. 2
Part XIII (rr. 69, 70)	rep. Ordinance No. 74, 1986
R. 69	rs. 1980 No. 5
	am. Ordinance No. 67, 1985
	rep. Ordinance No. 74, 1986
R. 70	am. 1979 No. 26
	rep. Ordinance No. 74, 1986
Part XV (rr. 73-77)	rep. Ordinance No. 74, 1986
Rr. 73-77	rep. Ordinance No. 74, 1986
Part XVI (rr. 78-81)	rep. Ordinance No. 74, 1986
Rr. 78-81	rep. Ordinance No. 74, 1986
Part XVII (rr. 82-92)	rep. Act No. 61, 1994
R. 82	am. 1979 No. 26
	rep. Act No. 61, 1994
R. 83	am. Act No. 44, 1991
	rep. Act No. 61, 1994
R. 84	rep. Act No. 61, 1994
R. 85	am. Act No. 44, 1991
	rep. Act No. 61, 1994
R. 86	am. Ordinance No. 5, 1990
	rep. Act No. 61, 1994
Rr. 87-89	am. 1979 No. 26
	rep. Act No. 61, 1994
R. 90	am. Ordinance No. 5, 1990
	rep. Act No. 61, 1994
R. 91	rep. Act No. 61, 1994
R. 92	am. Ordinances No. 74, 1986 and No. 5, 1990
	rep. Act No. 61, 1994
Part XVIII (rr. 93-97)	rep. Act No. 61, 1994
R. 93	am. Act No. 44, 1991
	rep. Act No. 61, 1994
R. 94	am. Ordinance No. 5, 1990
	rep. Act No. 61, 1994
R. 95	rep. Act No. 61, 1994
Rr. 96, 97	am. Ordinance No. 5, 1990
	rep. Act No. 61, 1994
Part XVIIIA (r. 97A)	ad. by Rules made 26 Nov 1932
R. 97A	ad. by Rules made 26 Nov 1932
	am. Ordinances No. 67, 1985 and  No. 5, 1990; Act No. 44, 1991
Part XVIIIB (r. 97B)	ad. by Rules made 26 Nov 1932
R. 97B	ad. by Rules made 26 Nov 1932
	am. Ordinances No. 74, 1986 and No. 5, 1990; Act No. 44, 1991
R. 98	am. Ordinance No. 5, 1990; Acts Nos. 61, 1994 and 96, 1997
Heading to The First	rep. 1979 No. 26
	Schedule
Heading to First Schedule	ad. 1979 No. 26
The First Schedule	am. by Rules made 26 Nov 1932; 1953 No. 15; 1967 No. 2
First Schedule	am. 1979 No. 26; Ordinances No. 67, 1985, No. 74, 1986 and No. 5, 1990; Acts Nos. 44, 1991 and 61, 1994
The Second Schedule	rs. 1953 No. 15; 1960 No. 7; 1967 No. 2; 1974 No. 12
	rep. 1980 No. 5
Second Schedule	ad. 1980 No. 5
	am. Ordinance No. 74, 1986; 1989 No. 16; 1991 No. 14 
	rep. 1991 No. 20
The Third Schedule	ad. 1953 No. 15
	rs. 1958 No. 9
	rep. 1967 No. 2