Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Order 54 Motions
Division 54.1 Preliminary
1 Meaning of supporting material
In this order:
"supporting material", for a notice of motion, means an affidavit, schedule of correspondence or anything else properly filed in support of the motion.
2 Filing and service of notice of motion—supporting material
If a notice of motion is to be filed and served under this order, the supporting material (if any) for the notice must be filed and served with the notice unless the court otherwise orders.
Division 54.2 Interlocutory or other applications in proceedings already begun
3 Applications by motion
(1) An interlocutory or other application in a proceeding that has already been begun in accordance with these rules must be made by motion.
(2) The motion may be supported by—
(a) an affidavit setting out the facts relied on; or
(b) a schedule of correspondence; or
(c) anything else properly filed in support of the motion.
(3) However, a motion for directions under order 33 must not be supported by affidavit except in accordance with that order.
(4) If the court considers that the supporting material (if any) is insufficient to support the motion, the court may—
(a) adjourn the hearing of the motion; and
(b) make any other orders it considers appropriate, including an order that supporting material or further supporting material be prepared.
(5) If the court orders that supporting material or further supporting material be prepared, the material must be filed and served at least 2 days before the day for hearing the motion unless the court otherwise orders.
4 Notice of motion
(1) A person must not move the court for an order unless the person has filed a notice of motion in accordance with form 1.67A and has served a stamped copy of the notice on each interested party.
(2) However, a party to the proceeding who has not entered an appearance need not be served with a stamped copy of the notice unless an order is sought requiring the party to do, or not to do, anything.
(3) Also, a person may move the court without having filed or served a notice of motion if—
(a) the preparation of the notice, or the filing or service of a notice, would cause undue delay or other mischief to the applicant; or
(b) each interested party consents to the order; or
(c) under the rules the motion may be made without the prior filing or service of a notice; or
(d) the court orders that the person does not have to file or serve a notice.
(4) A notice must—
(a) state the party moving the motion; and
(b) state the date and time when, and place where, the motion is to be made; and
(c) if the court makes an order under rule 9 (Service of notice of motion)—state the terms of the order; and
(d) state briefly the order (or orders) sought; and
(e) name each party affected by the order or each order sought; and
(f) for a notice to set aside, remit, or enforce an award, or for attachment—state the grounds of the application.
(5) Costs need not be specifically claimed.
(6) In this rule:
"interested party", for a proceeding, means a party with an interest in the proceeding who has an address for service in the proceeding.
Division 54.3 Originating motions
5 Beginning actions by motion
(1) This rule applies if, under a law or these rules, an action is not to be begun by an originating application under order 2, and no other procedure is provided.
(2) The action must be begun by an originating notice of motion.
(3) The motion must be supported by an affidavit setting out the facts relied on unless the court otherwise orders.
6 Originating notice of motion
(1) The originating notice of motion must be in accordance with form 1.67B.
(2) A notice must—
(a) state the party moving the motion; and
(b) state the date and time when, and place where, the motion is to be made; and
(c) if the court makes an order under rule 9 (Service of notice of motion)—state the terms of the order; and
(d) state briefly the order (or orders) sought; and
(e) state the relief sought for each cause of action and each party affected by the relief; and
(f) state briefly, but specifically, the grounds relied on in support of the motion.
7 Filing and service of originating notice of motion
The applicant must file an originating notice of motion and serve a stamped copy of the notice on each other party to the motion.
Division 54.4 Motions—generally
8 Rule to show cause
A motion or application for a rule nisi, or order to show cause, must not be made—
(a) in an action; or
(b) to set aside, remit or enforce an award; or
(c) for attachment; or
(d) to answer the matters in an affidavit; or
(e) against a sheriff to pay money levied under an execution.
9 Service of notice of motion
(1) Unless the court otherwise orders, there must be—
(a) for a notice of motion under division 54.2—at least 2 clear days between the day of service of the notice and the day stated in the notice for hearing the motion; or
(b) for an originating notice of motion under division 54.3—at least 5 clear days between the day of service of the notice and the day stated in the notice for hearing the motion.
(2) If a notice of motion is to be served on a person who has not entered an appearance, the notice must be served personally unless the court otherwise orders.
(3) The court may order service of a notice of motion on any person it considers appropriate.
10 Absence of party
The court may hear and dispose of a motion in the absence of a party if—
(a) service of the notice of motion on the absent party is not required under the rules or by an order of the court; or
(b) the notice of motion has been served on the absent party in accordance with these rules.
11 Dismissal or adjournment if notice not given
(1) This rule applies if—
(a) a person has not been given notice of a motion; and
(b) on the hearing of the motion, the court considers that the person should have been given notice of the motion.
(2) The court may—
(a) dismiss the motion; or
(b) adjourn the hearing of the motion so that notice may be given on the conditions (if any) the court considers appropriate.
12 Adjournment at request of parties
(1) This rule applies if a motion is to be heard on a date and, before that date—
(a) a party files a request for an adjournment; and
(b) each other party has agreed to, and signed, the request.
(2) The hearing of the motion is adjourned to the date stated in the notice or, if the court sets a later date, that date.
(3) If the court sets a later date in the absence of the parties, the registrar must serve notice of the later date on each party.
13 Adjournment generally
The court may adjourn the hearing of a motion on the conditions (if any) it considers appropriate.
14 Further hearing
(1) This rule applies if a notice of motion (the original notice ) has been filed and served, and the motion is not dealt with on the date stated in the notice.
(2) The court may deal with the motion on a later date set by the court.
(3) A further notice of motion must be filed if the court orders it to be filed.
(4) The further notice must be served on a party if—
(a) the court orders service on the party; or
(b) the party was not served with the original notice.
15 Formal order not required
(1) This rule applies if an order has been made that—
(a) only increases the time for taking any proceeding or doing anything else; or
(b) only gives leave for—
(i) the issue of a writ, other than a writ of attachment; or
(ii) the amendment of a document or pleadings; or
(iii) the filing of a document; or
(iv) anything to be done by an officer of the court.
(2) Also, this rule applies even if a direction is given that the costs of the order must be costs in any cause or matter.
(3) It is not necessary to draw up the order unless the court otherwise orders.
(4) A written record of the order signed by the judge, master or registrar who made the order, or signed by the associate to the judge, master or registrar, is sufficient authority for the increase of time or giving of leave.
(5) The person (or the solicitor of the person) on whose application the order is made must give written notice of the order to anyone who would have been required to be served with the order if the order was drawn up.