Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 23 OF 1992) - REG 2

“(2) A defendant who—

        (a)     wishes to submit to the orders of the Court, except as to costs; and

        (b)     is not a person who is taken under these Rules to have defaulted in making an appearance;

may add to the memorandum of appearance a statement that he or she submits to the orders of the Court, except as to costs.

“(3) A defendant who adds to his or her memorandum of appearance a statement under subrule (2) and takes no active part in the proceedings is entitled to an order that the plaintiff pay the defendant's costs as a submitting party, unless the Court orders otherwise.

“(4) A defendant who—

        (a)     having been entitled to do so, does not add to his or her memorandum of appearance a statement under subrule (2); and

        (b)     takes no active part in the proceedings;

is not entitled to an award for costs greater than that to which the defendant would have been entitled had the statement been added, unless the Court orders otherwise.

“(5) Any costs that a plaintiff has been ordered to pay under subrule (3) shall be included in any costs payable by any other defendant or opponent to the plaintiff in respect of the proceedings.”.

Substitution