Australian Capital Territory
Court Procedures Amendment Rules 2016 (No 3)
Subordinate Law SL2016-33

We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 14 December 2016.

H G Murrell	L Walker	
Chief Justice	Chief Magistrate	
R Refshauge	L Campbell	
Judge	Magistrate	

Australian Capital Territory
Court Procedures Amendment Rules 2016 (No 3)
Subordinate Law SL2016-33
made under the
Court Procedures Act 2004

    
    
Contents
	Page
	1	Name of rules	1
	2	Commencement	1
	3	Legislation amended	1
	4	Rule 1120 (2) (a) and (b)	1
	5	Rule 1120 (3) (c) and (d)	1
	6	Rule 1120 (4) and (5)	2
	7	New rule 5300A	2
	8	Rule 5311 (1), new note	2
	9	Rule 5311 (2)	2
	10	Rule 5312	3
	11	Rule 5314 (1) (b) and (c)	3
	12	Rule 5315 heading	3
	13	Rule 5315, new note	3
	14	Rule 5316	3
	15	Rule 5332 (1), new note	3
	16	Rule 5332 (2)	4
	17	Rule 5333	4
	18	Rule 5335 (1) (b) and (c)	4
	19	Rule 5336 heading	4
	20	Rule 5336, new note	4
	21	Rule 5337	4
	22	New rule 5400A	5
	23	New rule 5403 (1A)	5
	24	Rule 5405	5
	25	Rule 5409 heading	6
	26	Rule 5409 (1)	6
	27	Rule 5409 (2) to (4)	6
	28	New rule 5413 (3A)	6
	29	Division 5.4.5, note to div 5.4.5	7
	30	Rules 5430 and 5431	7
	31	New rule 5432 (2) (h)	7
	32	Rules 5433 to 5435 and 5438 to 5440	7
	33	New rule 6251 (3) (ea)	7
	34	Rule 6450 (b)	7
	35	Dictionary, new definitions	8

1	Name of rules
These rules are the Court Procedures Amendment Rules 2016 (No 3).
2	Commencement
These rules commence on 1 January 2017.
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 1120 (2) (a) and (b)
substitute
	(a)	if interest is claimed—the amount of interest stated in the affidavit in support; and
	(b)	if costs are claimed—
	(i)	the amount of costs stated in the affidavit in support; or
	(ii)	costs to be agreed or assessed.
5	Rule 1120 (3) (c) and (d)
substitute
	(c)	if interest is claimed—
	(i)	a statement of the amount of interest claimed; and
	(ii)	a statement that the amount of interest is worked out in accordance with—
	(A)	the rate stated in the plaintiff’s claim for relief; or
	(B)	the rate of interest applying from time to time under schedule 2, part 2.1 (Interest up to judgment); and
	(d)	if costs are claimed—
	(i)	under schedule 3, part 3.2 (Default judgment)—
	(A)	a statement of the amount of costs claimed; and
	(B)	a copy of each invoice and receipt for the filing and service fees paid in relation to the claim for relief; or
	(ii)	in any other case—a statement that costs are to be agreed or assessed.
6	Rule 1120 (4) and (5)
omit
7	New rule 5300A
before rule 5300, insert
5300A	Definitions—pt 5.4
In this part:
practice direction means Practice Direction No 1 of 2016 made by the court.
supporting material, for an application, means the supporting material for the application mentioned in the practice direction.
8	Rule 5311 (1), new note
before note 1, insert
Note 1A	The application for leave must also comply with the practice direction.
9	Rule 5311 (2)
omit
10	Rule 5312
omit
accompanying affidavit, and draft notice of appeal
substitute
and supporting material for the application
11	Rule 5314 (1) (b) and (c)
substitute
	(b)	a stamped copy of the supporting material for the application.
12	Rule 5315 heading
substitute
5315	Appeals to Court of Appeal—response to application for leave to appeal
13	Rule 5315, new note
insert
Note	The respondent must file and serve any material in response to the application within 14 days after service of the application on the respondent (see the practice direction).
14	Rule 5316
omit
15	Rule 5332 (1), new note
before note 1, insert
Note 1A	The application for leave must also comply with the practice direction.
16	Rule 5332 (2)
omit
17	Rule 5333
omit
accompanying affidavit, and draft notice of appeal
substitute
and supporting material for the application
18	Rule 5335 (1) (b) and (c)
substitute
	(b)	a stamped copy of the supporting material for the application.
19	Rule 5336 heading
substitute
5336	Appeals to Court of Appeal—response to application for leave to appeal out of time
20	Rule 5336, new note
insert
Note	The respondent must file and serve any material in response to the application within 14 days after service of the application on the respondent (see the practice direction).
21	Rule 5337
omit
22	New rule 5400A
insert
5400A	Meaning of case summary—div 5.4.4
In this division:
case summary—
	(a)	for an appeal—see rule 5403 (1A); and
	(b)	for a cross-appeal—see rule 5413 (3A).
23	New rule 5403 (1A)
insert
	(1A)	The notice of appeal must be accompanied by a 1-paragraph (about 250 words) summary (the case summary) of—
	(a)	the proceeding in which the order appealed from was made; and
	(b)	the order appealed from; and
	(c)	the grounds relied on in support of the appeal.
24	Rule 5405
after
notice of appeal
insert
and case summary
25	Rule 5409 heading
substitute
5409	Appeals to Court of Appeal—serving notice of appeal and case summary
26	Rule 5409 (1)
substitute
	(1)	The appellant must serve on each respondent—
	(a)	a sealed copy of the notice of appeal; and
	(b)	a stamped copy of the case summary.
27	Rule 5409 (2) to (4)
after
notice of appeal
insert
and case summary
28	New rule 5413 (3A)
insert
	(3A)	The notice of cross-appeal must be accompanied by a 1-paragraph (about 250 words) summary (the case summary) of—
	(a)	the order appealed from; and
	(b)	the grounds relied on in support of the appeal.
29	Division 5.4.5, note to div 5.4.5
substitute
Notes to div 5.4.5
Note 1	The practice direction sets out the requirements for filing documents, including the draft index of the appeal papers, before the date set for settling the appeal papers.
Note 2	Appeal and order are defined for this div in r 5400.
30	Rules 5430 and 5431
omit
31	New rule 5432 (2) (h)
insert
	(h)	direct that the appeal be referred to mediation.
32	Rules 5433 to 5435 and 5438 to 5440
omit
33	New rule 6251 (3) (ea)
insert
	(ea)	under the Court Procedures Act 2004, section 72 (1) (l) (Court proceedings involving children or young people not open to public);
34	Rule 6450 (b)
omit
4 days
substitute
7 days
35	Dictionary, new definitions
insert
case summary, for division 5.4.4 (Appeals to Court of Appeal—procedure generally)—see rule 5400A.
practice direction, for part 5.4 (Appeals to Court of Appeal)—see rule 5300A.
supporting material, for an application, for part 5.4 (Appeals to Court of Appeal)—see rule 5300A.

Endnotes
1	Notification
	Notified under the Legislation Act on 15 December 2016.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2016