Australian Capital Territory
Court Procedures Amendment Rules 2015 (No 2)
Subordinate Law SL2015-22

We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 25 June 2015.

H Murrell	K Fryar	
Chief Justice	Acting Chief Magistrate	
R Refshauge		
Judge		

Australian Capital Territory
Court Procedures Amendment Rules 2015 (No 2)
Subordinate Law SL2015-22
made under the
Court Procedures Act 2004

    
    
Contents
	Page
	1	Name of rules	1
	2	Commencement	1
	3	Legislation amended	1
	4	Rule 434, note	1
	5	Rule 607 (2) (b)	1
	6	Rule 630 (4) (c)	1
	7	Rule 1122 (4)	1
	8	Rule 1160 (1)	2
	9	Rule 1241 (1)	2
	10	Rule 1241 (2)	2
	11	Rule 1241 (3)	2
	12	Division 2.13.1 heading	2
	13	Rule 1304 (2)	2
	14	Rule 1305 (2)	3
	15	Rules 1306 to 1307A	3
	16	Rule 1312 (1)	3
	17	Division 2.13.2 heading	3
	18	Rules 1320 to 1324	3
	19	Rule 1325 (1)	3
	20	Rule 1325 (2) to (7) and note	4
	21	Rule 1400 (2), notes	4
	22	Rule 1450 (2), notes	4
	23	Rule 1452 (8)	4
	24	New rule 1605A	4
	25	Rule 2732 (3)	5
	26	Rule 3606 (1) (c) (ii)	5
	27	New rule 3608 (2) (c)	5
	28	Part 5.2	6
	29	Rule 5050, definition of court or tribunal	10
	30	Rule 5300 (2)	10
	31	Rule 5310 (1) and note	10
	32	Rule 6007 (5), note	10
	33	Part 6.4 heading	10
	34	Rule 6200 heading	10
	35	Rule 6200 (1) and (2)	11
	36	Rule 6200 (3) and note	11
	37	Rule 6202 heading	11
	38	Rule 6202 (1) to (3)	11
	39	Rule 6250 (2) (d)	11
	40	New rule 6250 (3) (ba)	11
	41	New rule 6250 (3) (fa)	12
	42	Rule 6251 (2) (d)	12
	43	New rule 6251 (3) (aa)	12
	44	New rule 6251 (3) (da) and (db)	12
	45	Rule 6300 (1)	13
	46	Rule 6601A (2)	13
	47	Rule 6700 (3), note 2, 7th dot point	13
	48	Division 6.10.3	13
	49	Schedule 5, part 5.1, item 74, column 3	13
	50	Schedule 5, part 5.1, item 124, column 2	13
	51	Schedule 5, part 5.4, item 47, column 3	14
	52	Schedule 6, part 6.16, note	14
	53	Dictionary, definition of appeal, paragraph (a)	14
	54	Dictionary, definition of applicant, paragraph (f)	14
	55	Dictionary	14
	56	Dictionary, definition of decision	14
	57	Dictionary, definition of head of jurisdiction	15
	58	Dictionary, new definition of listing hearing	15
	59	Dictionary, definition of nominated time	15
	60	Dictionary, definition of respondent, paragraph (d)	15
	61	Further amendments, mentions of master	15

1	Name of rules
These rules are the Court Procedures Amendment Rules 2015 (No 2).
2	Commencement
These rules commence on 1 July 2015.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
These rules amend the Court Procedures Rules 2006.
4	Rule 434, note
omit
5	Rule 607 (2) (b)
substitute
	(b)	after the matter is listed for hearing.
6	Rule 630 (4) (c)
substitute
	(c)	after the matter is listed for hearing.
7	Rule 1122 (4)
substitute
	(4)	For an application in the Magistrates Court, the court may decide the claim without listing the matter for hearing.
8	Rule 1160 (1)
substitute
	(1)	A plaintiff may discontinue a proceeding, or withdraw a part of it, at any time before the court sets a hearing date for the proceeding.
9	Rule 1241 (1) 
substitute
	(1)	Each party must serve on each other active party to a proceeding a copy of each expert report obtained by the party in accordance with any direction made by the court.
10	Rule 1241 (2)
omit
11	Rule 1241 (3)
omit
or (2)
12	Division 2.13.1 heading
omit
13	Rule 1304 (2) 
substitute
	(2)	The plaintiff must file, and serve on each active party to the proceeding, a statement (a statement of particulars)—
	(a)	14 days before the listing hearing for the proceeding; or
	(b)	in accordance with any direction made by the court.
14	Rule 1305 (2)
substitute
	(2)	The plaintiff must file, and serve on each other active party to the proceeding, in relation to each person for whose benefit the proceeding is brought, a statement (a statement of particulars)—
	(a)	14 days before the listing hearing for the proceeding; or
	(b)	in accordance with any direction made by the court.
15	Rules 1306 to 1307A
omit
16	Rule 1312 (1)
after
file
insert
, and serve on each other active party to the proceeding,
17	Division 2.13.2 heading
omit
18	Rules 1320 to 1324
omit
19	Rule 1325 (1)
omit everything before paragraph (a), substitute
At a listing hearing for a proceeding, the court may make the directions it considers appropriate including in relation to—
20	Rule 1325 (2) to (7) and note
omit
21	Rule 1400 (2), notes
omit
22	Rule 1450 (2), notes
omit
23	Rule 1452 (8)
omit
24	New rule 1605A
insert
1605A	Orders—shortened form
If an order of the court is expressed to be the usual order or is otherwise in shortened form, the full terms of the order must be included when the order is entered or filed in the proceeding. 
Examples
1	Rule 732 (Division 2.9.4 order—damages and undertaking as to damages) requires the usual undertaking as to damages to be given.
2	Rule 1622 (Interest after judgment—usual order as to interest) provides for the usual order as to interest.
Note	An example is part of the rules, 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).
25	Rule 2732 (3)
omit
·	rule 6202 (Master referring proceeding or issue to judge)
substitute
·	rule 6202 (Associate judge referring proceeding or issue to judge)
26	Rule 3606 (1) (c) (ii)
omit
rule 3605 (1) (b)
substitute
rule 3605 (1) (a)
27	New rule 3608 (2) (c)
insert
	(c)	a statement of attainment from the approved PLT provider naming the applicant as having successfully completed the approved PLT course provided by the PLT provider. 
28	Part 5.2
substitute
Part 5.2	Appeals from registrar
Note	Appeals to the Court of Appeal are dealt with in pt 5.4.
5010	Definitions—pt 5.2
In this part:
appeal means an appeal to the court from a decision of—
	(a)	for the Supreme Court—the registrar of the Supreme Court; and
	(b)	for the Magistrates Court—the registrar of the Magistrates Court.
decision means an order to which rule 6256 (Appeals from registrar’s orders etc) applies.
Note	Order—see the dictionary (see also def made).
5011	Application—pt 5.2
This part applies to an appeal to the court subject to any territory law applying to the appeal.
Note	A territory law includes these rules (see Legislation Act, s 98).
5012	Appeals from registrar—starting appeal
An appeal may be started in the court by filing a notice of appeal in the court.
Note	See approved form 5.1 (Appeal from Registrar—notice of appeal).
5013	Appeals from registrar—requirements for notice of appeal
	(1)	A notice of appeal to the court must state—
	(a)	who made the decision appealed from; and
	(b)	the decision and the date of the decision; and
	(c)	whether the appeal is from all or part of the decision; and
	(d)	if the appeal is from part of the decision—the part appealed from; and
	(e)	whether the appellant will seek to put further evidence before the court; and
	(f)	the order sought.
	(2)	The notice of appeal need not set out grounds of appeal.
5014	Appeals from registrar—time for filing notice of appeal
	(1)	A notice of appeal to the court from a decision of the registrar must be filed in the court—
	(a)	for an appeal from a decision of the registrar of the Supreme Court, other than a decision mentioned in paragraph (c)—not later than 5 days after the day the decision is made, or any further time the Supreme Court allows; or
	(b)	for an appeal from a decision of the registrar of the Magistrates Court—not later than 5 days after the day the decision is made, or any further time the Magistrates Court allows; or
	(c)	for an appeal from a decision of the registrar of the Supreme Court made under schedule 6—not later than 28 days after the day the decision is made, direction given or act done, or any further time the Supreme Court allows.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for further time.
Note 2	An application for further time may be made before or after the time mentioned in r (1) (see Legislation Act, s 151C).
	(2)	An application for further time must be accompanied by an affidavit showing—
	(a)	the nature of the case in summary form; and
	(b)	each question involved; and
	(c)	the reasons why the extension of time should be given.
5015	Appeals from registrar—notice of appeal to be sealed
The registrar of the court in which an appeal is brought must seal the original and filed copies of a notice of appeal.
Note	The registrar may reject a notice of appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5016	Appeals from registrar—serving notice of appeal
	(1)	The appellant must serve a sealed copy of a notice of appeal on each respondent (if any) to the appeal not later than 3 days after the day the notice is filed.
	(2)	However, a notice of appeal from a decision refusing an application made without notice need not be served unless the court otherwise orders on its own initiative.
	(3)	The court may order that the notice of appeal be served on anyone else on application by a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5017	Appeals from registrar—stay and reinstatement
	(1)	An appeal to the court from a decision of the registrar in a civil proceeding does not operate as a stay of the decision appealed from unless a stay of the decision is ordered by the registrar or the court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.
	(2)	An application for a stay of the decision may be made by a party to the appeal.
	(3)	In an urgent case, the application may be made without serving it on anyone.
	(4)	If the application is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
	(5)	If the decision appealed from is stayed by the registrar or the court, the registrar or the court may make any order that the registrar or the court considers necessary or desirable to give effect to the stay.
	(6)	The court may, by order, amend or set aside an order for a stay (including an order made by the registrar).
	(7)	An application for an order of the court under subrule (1) may be made whether or not a similar application has been made to the registrar.
	(8)	If any step has been taken for the enforcement of a decision and the court amends or sets aside the decision on appeal under this part, the court may make the orders for reinstatement it considers appropriate.
29	Rule 5050, definition of court or tribunal
omit
master or
30	Rule 5300 (2)
substitute
	(2)	Also, the court includes the associate judge.
31	Rule 5310 (1) and note
substitute
	(1)	This division applies if a person wants to appeal to the Court of Appeal from an interlocutory order of the court constituted by a single judge, or by the associate judge.
Note	Pt 5.2 deals with appeals from all orders of the registrar of the Supreme Court.
32	Rule 6007 (5), note
omit
33	Part 6.4 heading
substitute
Part 6.4	Associate judge
34	Rule 6200 heading
substitute
6200	Jurisdiction exercisable by associate judge
35	Rule 6200 (1) and (2)
omit
master
substitute
associate judge
36	Rule 6200 (3) and note
omit
37	Rule 6202 heading
substitute
6202	Associate judge referring proceeding or issue to judge
38	Rule 6202 (1) to (3)
omit
master
substitute
associate judge
39	Rule 6250 (2) (d)
omit
40	New rule 6250 (3) (ba)
insert
	(ba)	under the Children and Young People Act 2008, section 876A (Power of court to bring young detainee before it—civil proceeding);
41	New rule 6250 (3) (fa)
insert
	(fa)	under the Court Procedures Act 2004, section 79E (Court may waive requirements);
42	Rule 6251 (2) (d)
omit
43	New rule 6251 (3) (aa)
insert
	(aa)	under the Children and Young People Act 2008, section 876A (Power of court to bring young detainee before it—civil proceeding);
44	New rule 6251 (3) (da) and (db)
insert
	(da)	under the following provisions of the Crimes (Forensic Procedures) Act 2000:
	(i)	section 37 (Securing the presence of suspects at hearings—suspect not in custody);
	(ii)	section 77A (2) (Securing the presence of serious offender at hearing—offender in custody);
	(iii)	section 77B (Securing the presence of serious offender at hearing—offender not in custody);
	(db)	under the Crimes (Sentence Administration) Act 2005, section 106 (Good behaviour—summons to attend court);
45	Rule 6300 (1)
substitute
	(1)	The registry must be open between 9.15 am and 4.15 pm on each day other than—
	(a)	a Saturday, Sunday or public holiday; and
	(b)	a day that falls between 26 December in a year and 1 January in the following year.
46	Rule 6601A (2)
substitute
	(2)	An issuing officer must not issue a subpoena to produce in the proceeding without the court’s leave unless the court has set a date for hearing.
47	Rule 6700 (3), note 2, 7th dot point
omit
48	Division 6.10.3
omit
49	Schedule 5, part 5.1, item 74, column 3
omit
master or
50	Schedule 5, part 5.1, item 124, column 2
omit
or master
51	Schedule 5, part 5.4, item 47, column 3
omit
master or
52	Schedule 6, part 6.16, note
substitute
Note	This part of the uniform corporations rules has not been included.
These rules deal with the powers of the court that may be exercised by the associate judge or registrar of the court (see pt 6.4 (Associate judge) and pt 6.5 (Registrar) and sch 5 (Jurisdiction of registrar)).
53	Dictionary, definition of appeal, paragraph (a)
substitute
	(a)	for part 5.2 (Appeals from registrar)—see rule 5010; and
54	Dictionary, definition of applicant, paragraph (f)
omit
55	Dictionary
omit the definitions of
category A proceeding
category B proceeding
category C proceeding
category D proceeding
56	Dictionary, definition of decision
omit
master or
57	Dictionary, definition of head of jurisdiction
substitute
head of jurisdiction means—
	(a)	in relation to the Supreme Court—the Chief Justice; or
	(b)	in relation to the Magistrates Court—the Chief Magistrate.
58	Dictionary, new definition of listing hearing 
insert
listing hearing means a hearing for directions under rule 1325.
59	Dictionary, definition of nominated time 
omit
60	Dictionary, definition of respondent, paragraph (d)
omit
61	Further amendments, mentions of master
omit
master
substitute
associate judge
in
·	rule 5
·	rule 1241 (1)
·	rules 1304 and 1305
·	rule 1326 (2) (b) (ii)
·	rule 1402 (3)
·	rule 2732
·	rule 4739
·	table 5051, items 1, 2 and 6, column 3
·	table 5800, items 1 to 3, column 3
·	rule 6142 (5), definition of judicial officer, paragraph (a)
·	rule 6201
·	rule 6252 (3), definition of judicial officer, paragraph (a)
·	rule 6254 (4), definition of judicial officer, paragraph (a)
·	rule 6255 (4), definition of judicial officer, paragraph (a)
·	rule 6256 (2) and note
·	schedule 5, part 5.1, item 117, column 3
·	dictionary, definition of docket

Endnotes
1	Notification
	Notified under the Legislation Act on 29 June 2015.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2015