Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2012 (NO 2) (NO 43 OF 2012) - REG 22

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1307A     Application for directions hearing—Supreme Court

    (1)     This rule applies only to a proceeding in the Supreme Court, if the proceeding has not been assigned to the docket of a judge or the master.

    (2)     A party to the proceeding may apply to the court to assign the proceeding to the docket of a judge or the master if—

        (a)     the party has served a certificate of readiness under rule 1306 (1); and

        (b)     another active party to the proceeding (the defaulting party ) has failed to complete and sign the certificate, and return the completed and signed certificate to the first party, within 21 days after the day the certificate was served on the other party.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     The application must be served on each other active party to the proceeding, together with a copy of the certificate of readiness served on the defaulting party.

    (4)     On the filing of the application—

        (a)     the court must—

              (i)     assign the proceeding to the docket of a judge or the master; and

              (ii)     set a date for a directions hearing before the judge or master; and

        (b)     the registrar must tell the parties the date set for the directions hearing.

    (5)     At the directions hearing, the court—

        (a)     must decide whether the proceeding is ready for trial; and

        (b)     may—

              (i)     give the directions it considers appropriate to have the proceeding made ready for trial; or

              (ii)     make an order for costs for or against a party.

    (6)     The court may at any time amend or revoke a direction made under this rule.

    (7)     The court may amend or revoke a direction made under this rule on application by a party or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application to amend or revoke a direction.

    (8)     The powers of the court under this rule are additional to any other powers of the court under a territory law.

Note     A territory law includes these rules (see Legislation Act

, s 98).