Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see s 3)
insert
55 Originating claim—abandonment of excess in Magistrates Court
(MC(CJ)R s 21)
(1) This rule applies if a person has a cause of action against another person for more than $50 000.
(2) The person may start a proceeding for the cause of action in the Magistrates Court if the person—
(a) abandons the excess and limits the claim to $50 000; and
(b) states in the claim that the excess is abandoned.
(3) Judgment in a proceeding under this rule—
(a) is in full discharge of all demands in relation to the cause of action; and
(b) must record the abandonment.
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(5) If a notice is served on the receiver under subrule (3), the receiver must file a copy of the accounts, verified by affidavit, within the time required by the notice.
Note See approved form 2.29 (Receiver's affidavit and account).
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(2) If an amount is paid into court under this part by a respondent, the applicant may accept the amount in satisfaction of—
(a) the claim for relief; or
(b) if there are 2 or more causes of action included in a single action—the claim or each claim for which the payment is made.
[1.4] Rule 1119 (3), note, 1st dot point
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• r 1120 (Default judgment—debt or liquidated demand)
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2016 Enforcement—enforcement of payment directed by Essential Services Consumer Council
(MC(CJ)R s 380A)
(1) If a copy of a payment direction, certified by the registrar of the council, is filed in the Magistrates Court, the direction is enforceable under this part as if it were a judgment of the Magistrates Court.
(2) In this rule:
"council" means the Essential Services Consumer Council.
"payment direction" means a direction by the council under the Utilities Act 2000 , section 209 (Payment for loss or damage) that a utility pay a stated amount to a complainant.
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(6) For the Magistrates Court Act 1930 , section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom an enforcement hearing warrant has been issued by the Magistrates Court.
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If the enforcement debtor files
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If the enforcement creditor files
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enforcement creditor order
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enforcement creditor
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(6) For the Magistrates Court Act 1930 , section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom a warrant has been issued by the Magistrates Court under this rule.
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(5) For the Magistrates Court Act 1930 , section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom a warrant has been issued by the Magistrates Court under this rule.
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claims
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wants
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accounts
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or allowance of commission
after
person's
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the
[1.14] Rules 3007 (3) (a) and 3008 (3) (a)
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written consent
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consent, by affidavit,
[1.15] Rule 3010 (1) (j) and (o)
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[1.16] Rule 3010 (1) (k) to (n)
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(k) if, under the Wills Act 1968 , section 20A (Effect of termination of marriage), the deceased person's marriage is taken to have been terminated—the date of the termination;
Note The Wills Act 1968 , s 20A (4) provides that the termination of a marriage is taken to occur—
(a) when a decree of dissolution of marriage under the Family Law Act becomes absolute; or
(b) on the making of a decree of nullity under the Family Law Act in respect of a purported marriage that is void; or
(c) on the annulment of the marriage in accordance with the law of a place outside Australia if the annulment is recognised in Australia under the Family Law Act.
[1.18] New rule 3010 (3) (d) and (e)
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(d) the names of everyone with a beneficial interest in the estate;
(e) the interest of everyone with a beneficial interest in the estate.
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3014 Grant of representation—no grant to executor etc who has renounced
(NSW Prob r 14)
(1) A person may renounce probate of the will or administration of the estate of a deceased person by affidavit.
Note See approved form 3.15 (Renunciation of probate).
(2) If a person renounces probate of the will or administration of the estate of a deceased person, the person must not be granted representation of the estate in another capacity.
[1.20] Rules 3056 (2) and 3057 (2)
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renunciation
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by affidavit
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3159 Adoption order—service of application on chief executive
(SCR o 76 r 4)
If the applicant for an adoption order is not the chief executive or the principal officer of a private adoption agency, the applicant must serve a sealed copy of the application and stamped copies of the following documents on the chief executive not later than 28 days before the return date for the application:
(a) the affidavit under rule 3157 supporting the application;
(b) each document accompanying the application under rule 3158.
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serve stamped copies of the application on
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serve, not later than 28 days before the return date for the application, sealed copies of the application on
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stamped
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sealed
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(a) the reasonable costs of, and incidental to, registration of the judgment including—
(i) the cost of obtaining a certified copy of the judgment from the original court; and
(ii) the costs of obtaining from foreign exchange dealers evidence of the rates at which Australian dollars may be bought in the currency in which the judgment is expressed;
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4330 Magistrates Court witness—informant may request attendance
(MCR s 12)
(1) The informant may, by letter sent by a form of post that requires a signature on receipt, request a person to attend to give evidence as a witness at the hearing of an information.
Note See approved form 4.12 (Request to attend hearing as witness).
(2) The letter must—
(a) set out the time and place for the hearing; and
(b) be accompanied by an undertaking to attend the hearing to be signed by the person and returned to the informant by the date stated in the undertaking; and
Note See approved form 4.13 (Undertaking to attend as a witness).
(c) be accompanied by a form to be completed by the person to claim the person's reasonable expenses incurred in attending the hearing.
Note See approved form 4.14 (Claim for expenses by witness).
4331 Magistrates Court witness—expenses
(MCR s 21)
A person who attends the hearing of a criminal proceeding as a witness is entitled to be paid witness expenses assessed in accordance with schedule 4.
[1.27] New divisions 4.2.4 and 4.2.5
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Division 4.2.4 Magistrates Court criminal proceedings—enforcement of fines
4340 Definitions—div 4.2.4
In this division:
"enforcement hearing subpoena"—see rule 4341 (2).
"enforcement hearing warrant"—see rule 4345 (2).
"fine"—see the Magistrates Court Act 1930 , section 146.
"fine defaulter"—see the Magistrates Court Act 1930 , section 146.
"outstanding fine"—see the Magistrates Court Act 1930 , section 146.
4341 Enforcement of fine—enforcement hearing
(1) This rule applies to a person who is liable to pay a fine to the court.
(2) The registrar may—
(a) set a date for an enforcement hearing; and
(b) by subpoena (an enforcement hearing subpoena ), require the person to attend the court, at the time and place stated in the subpoena—
(i) to answer questions and give information; and
(ii) to produce the documents or other things (if any) stated in the subpoena.
(3) The registrar may adjourn an enforcement hearing from time to time and may, by order, require the person to attend an adjourned enforcement hearing.
4342 Enforcement of fine—service of enforcement hearing subpoena
(1) An enforcement hearing subpoena must be served on a person who is liable to pay a fine at least 14 days before the date set for the enforcement hearing.
(2) A copy of the form of the statement to be completed in accordance with rule 4343 must be served with the enforcement hearing subpoena.
Note The person who is liable to pay a fine is not required to comply with the subpoena unless conduct money is given to the person a reasonable time before attendance is required (see r 6606 (1)).
4343 Enforcement of fine—statement of person's financial position
(1) At least 8 days before the date set for the enforcement hearing, the person who is liable to pay a fine must file in the court a sworn statement of the person's financial position.
(2) If the person receives regular payments (for example, wages or social security benefits), the statement of financial position must include—
(a) the dates the last 4 payments were received; and
(b) if the payments were paid to the person by payment into an account with a financial institution—a statement to that effect, and the account number and any other details necessary to identify the account.
Note An example is part of these 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).
(3) If the person, without reasonable excuse, contravenes the subpoena by failing to complete, swear or file a statement of the person's financial position in accordance with this rule, the person may be dealt with for contempt of court.
(4) Subrule (3) does not limit any other power of the court in relation to the contravention.
Note Failure to answer a question or give information in a legal proceeding may be an offence (see Criminal Code, s 722).
4344 Enforcement of fine—determining capacity to pay fine
(MCR s 18 (1) and (2))
(1) A person who is liable to pay a fine may—
(a) be examined orally on oath about—
(i) the person's assets, liabilities, expenses and income; and
(ii) any other means the person has of paying the fine; and
(ii) the person's financial circumstances generally; and
Note Oath includes affirmation (see Legislation Act, dict, pt 1).
(b) be required to produce any document substantiating anything relevant to—
(i) the person's assets, liabilities, expenses and income; and
(ii) any other means the person has of paying the fine; and
(iii) the person's financial circumstances generally.
(2) The examination—
(a) must be conducted by the registrar; and
(b) may be conducted in open court or in the absence of the public, as the registrar directs.
4345 Enforcement of fine—enforcement hearing warrant issue
(MCR s 9 and 18 (3))
(1) This rule applies if—
(a) a person who is liable to pay a fine is required under this division to attend an enforcement hearing or an adjourned enforcement hearing; and
(b) the person fails to attend the hearing as required.
(2) The registrar may issue a warrant (an enforcement hearing warrant ) ordering an enforcement officer to apprehend the person and bring the person before the registrar to be examined at an enforcement hearing under rule 4344 if the registrar—
(a) is satisfied that the person was served with the subpoena or was otherwise aware that the person was required by the enforcement hearing subpoena to attend the hearing as required by the subpoena; and
(b) considers that the person does not have a reasonable excuse for not attending the hearing.
(3) Rule 2111 (Enforcement hearing—enforcement hearing warrant contents etc) applies to an enforcement hearing warrant issued under this rule as if a reference to rule 2109 were a reference to rule 4344.
(4) A person apprehended under an enforcement hearing warrant must be brought before the registrar to be examined at an enforcement hearing under rule 4344.
(5) For the Magistrates Court Act 1930 , section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom an enforcement hearing warrant has been issued by the court.
4346 Enforcement of fine—orders
(MCR s 19)
(1) The registrar may, if satisfied that a fine defaulter has the capacity to pay an outstanding fine—
(a) make a seizure and sale order under division 2.18.5 (Enforcement of money orders—seizure and sale orders) as applied by rule 4347 against personal property of the fine defaulter to enforce the outstanding fine; or
(b) make a debt redirection order under division 2.18.6 (Enforcement of money orders—debt redirection orders generally) as applied by rule 4347 in relation to the outstanding fine; or
(c) make a regular redirection order under division 2.18.7 (Enforcement of money orders—regular redirections from financial institutions) as applied by rule 4347 in relation to the outstanding fine; or
(d) make an earnings redirection order under division 2.18.8 (Enforcement of money orders—earnings redirection orders) as applied by rule 4347 in relation to the outstanding fine.
(2) If the registrar makes a seizure and sale order in relation to 2 or more outstanding fines payable by a fine defaulter, the order operates in relation to the amount of each outstanding fine separately.
4347 Application of pt 2.18
(MCR s 20)
(1) The purpose of this rule is to ensure, as far as practicable, that—
(a) a seizure and sale order under rule 4346 has the same effect as a seizure and sale order in relation to an enforcement debtor; and
(b) a debt redirection order under rule 4346 has the same effect as a debt redirection order in relation to an enforcement debtor; and
(c) a regular redirection order under rule 4346 has the same effect as a regular redirection order in relation to an enforcement debtor; and
(d) an earnings redirection order under rule 4346 has the same effect as an earnings redirection order in relation to an enforcement debtor.
(2) For subrule (1) (a), division 2.18.5 (Enforcement of money orders—seizure and sale orders) applies, with any necessary changes, and in particular, as if the following rules were omitted:
• rule 2200 (2) (Seizure and sale order—making);
• rule 2201 (Seizure and sale order—application);
• rule 2208 (Seizure and sale order—application for instalment order stays sale of seized property);
• rule 2210 (Seizure and sale order—seizure of real property);
• rule 2211 (Seizure and sale order—enforcement debtor not to deal with real property);
• rule 2214 (Seizure and sale order—suspension etc of enforcement);
• rule 2215 (Seizure and sale order—agreements to withdraw and re-enter);
• rule 2217 (1) (b) and (2) (Seizure and sale order—setting reasonable amount);
• rule 2218 (Seizure and sale order—additional provisions relating to land);
• rule 2219 (Seizure and sale order—power of entry for auction of land);
• rule 2223 (3) (Seizure and sale order—amounts received);
• rule 2230 (Seizure and sale order—documents giving effect to sale);
• rule 2235 (2) and (4) (Seizure and sale order—order for disposal and return of property to enforcement debtor).
(3) For subrule (1) (b), division 2.18.6 (Enforcement of money orders—debt redirection orders generally) applies, with any necessary changes, and in particular, as if the following rules were omitted:
• rule 2301 (Debt redirection order—making);
• rule 2302 (Debt redirection order—application).
(4) For subrule (1) (c), division 2.18.7 (Enforcement of money orders—regular redirections from financial institutions) applies, with any necessary changes, and in particular, as if rule 2332 (Regular redirection order—making) were omitted.
(5) For subrule (1) (d), division 2.18.8 (Enforcement of money orders—earnings redirection orders) applies, with any necessary changes, and in particular, as if the following rules were omitted:
• rule 2350 (Earnings redirection order—making);
• rule 2351 (Earnings redirection order—application).
(6) The provisions applied by subrules (2), (3), (4) and (5) have effect as if, in addition to any other necessary changes—
(a) a reference to a seizure and sale order were a reference to a seizure and sale order under rule 4346; and
(b) a reference to a debt redirection order were a reference to a debt redirection order under rule 4346; and
(c) a reference to a regular redirection order were a reference to a regular redirection order under rule 4346; and
(d) a reference to an earnings redirection order were a reference to an earnings redirection order under rule 4346; and
(e) a reference to an enforceable money order of the court were a reference to an outstanding fine; and
(f) a reference to an enforcement debtor were a reference to a fine defaulter; and
(g) a reference to an enforcement creditor were a reference to the Territory.
(7) If, under a provision applied by this rule, the registrar's power to do anything depends on the enforcement creditor doing something, the registrar may exercise the power on his or her own initiative.
(8) The registrar must not make an instalment order for the payment of a fine or administrative fee under a provision applied by this rule.
4348 Enforcement of fine—security for payment
(MCR s 71 and 72)
(1) This rule applies if, under the Magistrates Court Act 1930 , section 148 (Court may allow time to pay), the court has ordered a person to give security with or without sureties for the payment of an amount.
(2) If the person does not enter into the security at the court house when the order is made, the person before whom the security is entered must send the security to the court.
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Note 1 See the Supreme Court Act 1933 , s 68B (Trial by judge alone in criminal proceedings).
Note 2 See approved form 4.11 (Supreme Court criminal proceeding—election for trial by judge alone).
[1.29] Part 5.2, note to pt 5.2
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non-interlocutory judgments
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non-interlocutory orders
[1.30] Rule 5010, definition of decision , paragraph (a)
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interlocutory judgment
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interlocutory order
[1.31] Table 5011, item 1, column 2
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interlocutory judgments
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interlocutory orders
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interlocutory judgments
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interlocutory orders
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Division 5.4.2 Appeals to Court of Appeal—leave to appeal from interlocutory orders
omit
interlocutory judgment
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interlocutory order
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interlocutory judgments
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interlocutory orders
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interlocutory judgment
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interlocutory order
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interlocutory judgment
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interlocutory order
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interlocutory judgment
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interlocutory order
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(1) Before the date set for settling the appeal papers, the appellant must—
(a) get and file the reasons for the order or the summing up of the judicial officer of the court who gave the order appealed from, certified by the judicial officer's associate; and
(b) get and file a copy of the transcript of the proceeding in which the order was made, corrected in accordance with subrules (2) and (3) and, if corrected, certified by the registrar; and
(c) prepare and file a 1-paragraph (about 250 words) summary (the "case summary") of—
(i) the proceeding in which the order appealed from was made; and
(ii) the order appealed from; and
(iii) the grounds relied on in support of the appeal.
[1.40] Rule 5472 (1), notes 1 and 2
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Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
[1.41] Rule 5850 definition of appellant , paragraph (b) (ii)
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interlocutory judgments
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interlocutory orders
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interlocutory judgment
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interlocutory order
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non-interlocutory judgments
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non-interlocutory orders
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(1) This rule applies to the following orders:
(a) an order made by the registrar of the Supreme Court in the exercise of jurisdiction given under rule 6250 (Jurisdiction exercisable by registrar of Supreme Court);
(b) an order made by the registrar of the Magistrates Court in a civil proceeding;
(c) an order made by the registrar under rule 6253 (Registrar's powers—subpoenas).
Note Order is defined in the dictionary (see also def made ).
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4.12 Costs—transitional
(SCR o 65 r 7)
(1) A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after 1 January 2007.
(2) Rule 4.12 as in effect immediately before the commencement of this rule continues to apply for work done or services performed by a solicitor before 31 December 2006.
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Part 4.2
Scale of costs—items
column 1 item | column 2 matter in relation to which charge is made |
column 3 charge ($) | |
|---|---|---|---|
| Division 4.2.1 Instructions | |||
| 1 |
to sue or defend, to appeal or oppose an appeal | 135.00 | |
| 2 | for statement of claim, petition, special case or counterclaim | 135.00 | |
| 3 | for defence | 115.50 | |
| 4 | for— | 48.20 | |
| | (e) adding parties by order; or (f) a bond or other deed; or (g) retaining counsel, including preparing retainer | | |
| 5 | for—
| 96.30 | |
|
6 | for— (a) an application whether in court, before the registrar or in chambers; or (b) opposition to an application; or (c) the assessment of a bill of costs | 96.30 | |
| 7 | for brief to advise on evidence | 86.70 | |
| 8 | for— (a) a statement of facts in an action; or (b) a request for particulars; or (c) particulars | 96.30 | |
| 9 | for brief in preparation for trial | the amount the registrar considers appropriate | |
| Division 4.2.2 Drawing | |||
| 10 | for an originating process or counterclaim | 100.70 | or, if longer than 700 words, 14.20 per 100 words |
| 11 | for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading | 67.40 | or, if longer than 400 words, 14.20 per 100 words |
| 12 | for— (a) a notice of an application in a proceeding; or (b) a notice to produce documents; or (c) a notice to admit facts; or (d) a special case; or (e) interrogatories; or (f) a special affidavit; or (g) a brief (including observations) | 61.70 | or, if the document is longer than 400 words, 14.20 per 100 words |
| 13 | a formal affidavit, including an affidavit of service | 33.90 | |
| 14 | any other document | 26.70 | or, if longer than 100 words, 15.80 per 100 words |
| Division 4.2.3 Engrossing | |||
| 15 | of a document | 4.10 | per 100 words |
|
Division 4.2.4 Copies | |||
| 16 | of any document, or of multiple documents copied at the same time— | | |
| | (a) for each of the first 10 copies; or | 2.60 | per page |
| | (b) for each additional copy up to 100 copies; or | 1.10 | per page |
| | (c) for each additional copy over 100 copies | 0.30 | per page |
| Division 4.2.5 Perusal | |||
| 17 | of— (a) an originating process; or (b) a pleading; or (c) an application in a proceeding; or (d) interrogatories; or (e) a special case; or (f) a notice to admit | 47.50 | or, if the document is longer than 800 words, 5.40 per 100 words |
| 18 | of any other document, if it is necessary to peruse |
5.40 | per 100 words |
| 19 | of a document by scanning it, if it is not necessary to peruse | 5.30 | or, if the document has more than 10 pages, the additional amount the registrar considers appropriate |
|
Division 4.2.6 Attendances | |||
| 20 | for personal service, if necessary, of 1 or more documents at the same time | 72.00 | |
| 21 | for service of 1 or more documents at the same time— (a) at the office of a solicitor on the record or the address for service of a party; or (b) by post; or (c) made through a document exchange | 29.10 | |
|
22 | by a solicitor, necessarily or properly engaged, if the solicitor holds an unrestricted practising certificate or has been the holder of a practising certificate for at least 2 years— (a) to instruct counsel; or (b) on assessment of a bill of costs or other matter; or | 192.60 | per hour |
| | (c) at conference with counsel; or (d) on a view; or (e) on witness or other person; or (f) to produce a document; or (g) to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or (h) to prepare appeal papers | | |
| 23 | by a solicitor, necessarily or properly engaged, other than a solicitor mentioned in item 22— (a) to instruct counsel; or (b) on assessment of a bill of costs or other matter; or (c) at conference with counsel; or (d) on a view; or (e) on witness or other person; or (f) to produce a document; or | 135.00 | per hour |
| | (g) to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or (h) to prepare appeal papers | | |
| 24 | by a clerk, necessarily or properly engaged— (a) to instruct counsel; or (b) on assessment of a bill of costs or other matter; or (c) at conference with counsel; or (d) on a view; or (e) on witness or other person; or (f) to produce a document; or | 67.30 | per hour |
| | (g) to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or (h) to prepare appeal papers | | |
| 25 | other than an attendance already mentioned, in court or any hearing without counsel— | | |
| |
(a) by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least 2 years; or | 288.80 |
per hour |
| | (b) by any other solicitor | 202.20 | per hour |
| 26 | by a solicitor involving a high degree of skill and responsibility | 288.80 | per hour |
| 27 | in court or chambers or before the registrar— (a) to take a reserved judgment; or (b) to mention a matter; or (c) for an adjournment; or (d) for settling the terms of and entering orders; or (e) for another reason | 77.00 | or 192.60 per hour |
| 28 | at the registry or other office or place for— (a) filing, delivering, or collecting a document; or (b) a purpose not involving the exercise of legal skill or knowledge | 23.90 | |
|
29 | formal telephone attendance | 23.90 | |
| 30 | telephone attendance leaving message only | 11.90 | |
| 31 | any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance) |
38.60 | or 48.20 per quarter hour |
| 32 | any other attendance by a clerk (including travelling and waiting time and including a telephone attendance) |
23.90 | or 16.70 per quarter hour |
| 33 | if the registrar is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that— | | |
| | (a) a solicitor has been necessarily absent from the place where the solicitor carries on practice; or | an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the solicitor is absent, of not more than 1 124.60 | |
| | (b) a clerk has attended in place of the solicitor | an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the clerk is absent, of not more than 288.80 | |
|
Division 4.2.7 Letters | |||
| 34 | ordinary letter | 33.40 | or 16.30 per 100 words |
| 35 | special letter | 55.50 | or 16.30 per 100 words |
| 36 | formal letter—short letter, without legal content |
16.20 | |
| 37 | circular letters after the first | 7.30 | |
| 38 | fax copy or telex, including attendance to send | 37.90 | |
| 39 | receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement) |
10.10 | |
| 40 | receiving, printing and filing incoming letter received by email | 10.80 | |
| 41 | printing any attachment to an email, or multiple attachments to an email printed at the same time— | | |
| | (a) for each of the first 10 pages; or | 2.60 | per page |
| | (b) for each additional page up to 100 copies; or |
1.10 | per page |
| | (c) for each additional page over 100 copies | 0.30 | per page |
|
Division 4.2.8 Witness expenses | |||
| 42 | a witness called because of the witness's professional, scientific or other special skill or knowledge | 944.90 | per day |
| 43 | a witness called other than because of the witness's professional, scientific or other special skill or knowledge | 99.70 | per day |
| 44 | a witness paid in the witness's occupation by wages, salary or fees | the amount lost by attendance at court | |
| 45 | a witness qualifying to give skilled evidence | the additional amount the registrar considers reasonable and properly incurred and paid | |
| 46 | if the witness lives more than 50km from the court | the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals | |
| 47 | attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing | the amount the registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses) | |
| Division 4.2.9 Disbursements | |||
| 48 | all court fees, counsel's fees and other fees and payments | allowed to the extent that they have been properly and reasonably incurred and paid | |
[1.47] Schedule 5, part 5.1, item 94, column 3
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interlocutory judgments
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interlocutory orders
[1.48] Dictionary, new definitions
insert
"arbitration", for part 3.13 (Workers compensation)—see rule 3900.
"case management meeting", for part 3.13 (Workers compensation)—see rule 3900.
"claim", for part 3.13 (Workers compensation)—see rule 3900.
"conciliation", for part 3.13 (Workers compensation)—see rule 3900.
"conference", for part 3.12 (Small Claims Court)—see rule 3730.
"contractor", for part 3.13 (Workers compensation)—see the Workers Compensation Act, section 13 (Subcontracting).
[1.49] Dictionary, definitions of court , criminal proceeding , defendant , enforcement hearing subpoena and enforcement hearing warrant
substitute
"court"—
(a) for these rules generally—see rule 5 (1) and (2) (References to court , judicial officer etc); and
(b) for part 3.12 (Small Claims Court)—see rule 3730; and
(c) for part 5.4 (Appeals to Court of Appeal)—see rule 5300.
"criminal proceeding" means a proceeding against a person for an offence (whether summary or indictable); and
(a) includes—
(i) a committal proceeding; and
(ii) a proceeding in relation to bail; and
(iii) a proceeding in relation to sentence; but
(b) does not include—
(i) an appellate proceeding; or
(ii) for division 4.3.2 (Supreme Court criminal proceedings—representation)—an application in relation to bail.
"defendant"—
(a) for these rules generally—see rule 20; and
(b) for division 2.18.17 (Enforcement—arrest warrant for absconding defendants)—see rule 2551; and
(c) for part 3.9 (Habeas corpus)—see rule 3500; and
(d) for part 4.2 (Magistrates Court criminal proceedings)—see rule 4300; and
(e) for schedule 6 (Rules for proceedings under Corporations Act or ASIC Act)—see schedule 6, rule 1.5.
"enforcement hearing subpoena"—
(a) for part 2.18 (Enforcement)—see rule 2000; and
(b) for division 4.2.4 (Magistrates Court criminal proceedings—enforcement of fines)—see rule 4340.
"enforcement hearing warrant"—
(a) for part 2.18 (Enforcement)—see rule 2000; and
(b) for division 4.2.4 (Magistrates Court criminal proceedings—enforcement of fines)—see rule 4340.
[1.50] Dictionary, new definitions of fine , fine defaulter , injury notice and Magistrates Court Act
insert
"fine", for division 4.2.4 (Magistrates Court criminal proceedings—enforcement of fines)—see rule 4340.
"fine defaulter", for division 4.2.4 (Magistrates Court criminal proceedings—enforcement of fines)—see rule 4340.
"injury notice", for part 3.13 (Workers compensation)—see the Workers Compensation Act, section 123 (The notice for an injury).
"Magistrates Court Act", for part 3.12 (Small Claims Court)—see rule 3730.
[1.51] Dictionary, definitions of order and originating process
substitute
"order"—
(a) for these rules generally—includes a judgment, decree, direction or decision, whether or not final; and
(b) for part 3.12 (Small Claims Court)—see rule 3730; and
(c) for part 4.2 (Magistrates Court criminal proceedings)—see rule 4300; and
(d) of a court or tribunal, for part 5.3 (Appeals to Supreme Court)—see rule 5050; and
(e) for division 5.4.4 (Appeals to Court of Appeal—procedure generally), division 5.4.5 (Appeals to Court of Appeal—appeal papers and hearing) and division 5.4.6 (Appeals to Court of Appeal—ending all or part of appeal)—see rule 5400.
"originating process"—
(a) for these rules generally—means an originating claim, originating application or application for arbitration; and
(b) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
[1.52] Dictionary, new definition of outstanding fine
insert
"outstanding fine", for division 4.2.4 (Magistrates Court criminal proceedings—enforcement of fines)—see rule 4340.
[1.53] Dictionary, definitions of plaintiff , pleading and prescribed scale of costs
substitute
"plaintiff"—
(a) for these rules generally—see rule 20; and
(b) for division 2.18.17 (Enforcement—arrest warrants for absconding defendants)—see rule 2551; and
(c) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
"pleading"—
(a) includes—
(i) a statement of claim; and
(ii) a defence; and
(iii) a reply; and
(iv) a counterclaim made in a proceeding started by originating claim or third-party notice; and
(v) an answer to a counterclaim; and
(vi) a response to an answer to a counterclaim; and
(vii) an affidavit ordered to be treated as pleadings; and
(viii) an application for arbitration; and
(ix) an answer to an application for arbitration; and
(x) a third-party notice for an arbitration; but
(b) does not include—
(i) an originating claim; or
(ii) an originating application; or
(iii) a third-party notice other than a third-party notice for an arbitration; or
(iv) an application in a proceeding.
Note A pleading must comply with pt 2.6 (Pleadings).
"prescribed scale of costs"—
(a) for part 2.17 (Costs)—see rule 1700; and
(b) for part 3.13 (Workers compensation)—see rule 3900.
[1.54] Dictionary, new definition of principal
insert
"principal", for part 3.13 (Workers compensation)—see the Workers Compensation Act, section 13 (Subcontracting).
[1.55] Dictionary, definition of registrar
substitute
"registrar"—
(a) for these rules generally—see rule 5 (4) (References to court , judicial officer etc); and
(b) of a court or tribunal, for part 5.3 (Appeals to Supreme Court)—see rule 5050.
[1.56] Dictionary, new definitions of representative , restoration order , t hird-party respondent and Workers Compensation Act
"representative", for part 3.13 (Workers compensation)—see rule 3900.
restoration order , for part 3.12 (Small Claims Court)—see rule 3730.
"third-party respondent", for part 3.13 (Workers compensation)—see rule 3920 (Arbitration—including other parties).
"Workers Compensation Act", for part 3.13 (Workers compensation)—see rule 3900.