Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. All actions shall be commenced by the filing of an originating application pursuant to this Order, unless otherwise provided by these Rules or any other law of the Territory.
“2. (1) Where an originating application is filed for the commencement of an action, the action commences on the date the application was first lodged for filing (whether or not it is renewed under Division 3).
“(2) Where an action is commenced by oral application under subrule 3 (1), the action commences on the date of the oral application.
“3. (1) An action may be commenced by oral application to the Court if the Court is satisfied that it is necessary to commence it in this way.
“(2) Where an action is commenced by oral application, the plaintiff shall lodge an originating application in writing in the same terms as the oral application for filing pursuant to this Order as soon as practicable afterwards.
“4. (1) An originating application shall be in accordance with Form 2 in the First Schedule.
“(2) An originating application shall identify the parties to the action.
“(3) For the purposes of an originating application—
(a) the party claiming relief (including a relator) shall be referred to as the plaintiff; and
(b) any other party entitled to be heard shall be referred to as a defendant.
“(4) An originating application shall include a statement of the following:
(a) if the plaintiff is a natural person—the full name and occupation of the plaintiff, together with his or her full residential or business address;
(b) if the plaintiff is a body corporate—the information specified under rule 5;
(c) if the plaintiff sues, or the defendant is sued, in a representative capacity—that capacity;
(d) if the plaintiff sues by a solicitor—
(i) the full name, address and telephone number of the solicitor; and
(ii) the full name, address and telephone number of any other solicitor acting as agent of the first-mentioned solicitor in relation to the action;
(e) in accordance with rule 6—an address for the service of documents related to the proceedings on the application;
(f) insofar as the plaintiff knows—
(i) if the defendant is a natural person—the full name and occupation of the defendant, together with his or her residential or business address;
(ii) if the plaintiff knows the defendant to be a natural person, but does not know the full name of the defendant—the sex of the defendant; and
(iii) if the defendant is a body corporate—the information specified under rule 5;
(g) the relevant time under rule 7 for the defendant to enter an appearance;
(h) the particulars of the action specified under rule 8;
(j) the particulars of the relief sought specified under rule 9.
“(5) An originating application shall be signed by the plaintiff, or by the plaintiff's solicitor.
“5. (1) For the purposes of paragraph 4 (4) (b) and subparagraph 4 (4) (f) (iii), an originating application shall specify the following information about a body corporate:
(a) if the body is a company—the company's Australian Company Number and the address of its registered office;
(b) if the body is a registered body within the meaning of the Corporations Law—the body's Australian Registered Body Number and the address of its registered office in Australia;
(c) if the body is an association incorporated under the Associations Incorporation Act 1991 or a corresponding law of a State or another Territory—the address of the association's registered office or public officer;
(d) if the body is a building society or a foreign building society, within the meaning of the Financial Institutions (ACT) Code—the address of its registered office;
(e) if the body is a credit union or a foreign credit union, within the meaning of the Financial Institutions (ACT) Code—the address of its registered office;
(f) if the body is a society registered under the Co-operative Societies Act 1939 —the address of the society's registered office;
(g) if the body is a corporation within the meaning of the Unit Titles Act 1970 —the address of the corporation.
“(2) In this rule—
“6. (1) If a solicitor acts for a plaintiff, the address for service included in the originating application shall be—
(a) if the place of business of the plaintiff's solicitor is within the Territory—the address of that place; or
(b) in any other case—the address of a place within the Territory.
“(2) If a plaintiff sues in person, the address for service included in the originating application shall be—
(a) if the plaintiff's residence or place of business is within the Territory—the address of that residence or place; or
(b) in any other case—the address of a place within the Territory.
“(3) An originating application may include in the address for service—
(a) the number of an Australian Document Exchange Pty Ltd exchange box in the Territory; or
(b) a facsimile machine number.
“(4) The Registrar may refuse to file an originating application if the address for service included in the application is manifestly inconvenient for the defendant or for the Court, notwithstanding whether the address is otherwise in accordance with this rule.
“7. An originating application shall specify a time after service within which any defendant is required to enter an appearance, as follows:
(a) if the Service and Execution of Process Act 1992 of the Commonwealth applies—as provided under section 17 of that Act;
(b) if leave is to be sought under Order 12 for the application to be served outside Australia—the time sought to be included in the relevant order under rule 6 of Order 12;
(c) in any other case—8 days.
“8. (1) An originating application shall identify each cause of action sufficiently for the purposes of determining the relevant limitation period under the Limitation Act 1985 , or under any other applicable law.
“(2) If relief is claimed under a law of the Territory (other than the common law) or a law of the Commonwealth, a State or another Territory, the originating application shall identify the relevant provision of the law.
“(3) The originating application in an action for defamation shall identify each relevant publication.
“(4) An originating application including a claim for the determination or direction of the Court on any question shall include a statement of the question.
“9. (1) An originating application shall specify the relief claimed in respect of each cause of action.
“(2) An originating application shall specify any claim for exemplary damages.
“(3) An originating application shall specify any claim for the taking of an account.
“(4) Costs need not be specifically claimed in an originating application.
“(5) A claim for interlocutory relief shall be specified separately in an originating application.
“(6) An originating application may state whether the plaintiff intends to apply for summary judgment.
“(7) An originating application shall state whether a statement of claim is attached.
“(8) If an action includes a claim for debt or a liquidated demand, a statement under rule 11 shall be attached to the originating application.
“(9) If an action includes a claim for damages for death or bodily injury arising out of the use of a motor vehicle, a statement under rule 12 shall be attached to the originating application.
“(10) If an action includes a claim for damages for death or bodily injury arising out of an employer's negligence, a statement under rule 13 shall be attached to the originating application.
“10. (1) A statement of claim shall accompany an originating application in the case of the following claims:
(a) a claim for debt or a liquidated demand;
(b) a claim for damages in tort other than—
(i) a claim for damages for death or bodily injury arising out of the use of a motor vehicle; or
(ii) a claim for damages for death or bodily injury arising out of the negligence of an employer;
(c) a claim alleging fraud;
(d) a claim in respect of a trust (other than an express trust wholly in writing).
“(2) A statement of claim shall not accompany an originating application in the case of the following claims:
(a) a claim for damages for death or bodily injury arising out of the use of a motor vehicle;
(b) a claim for damages for death or bodily injury arising out of the negligence of an employer.
“(3) A statement of claim may accompany an originating application in any other case.
“11. (1) An originating application which includes a claim for debt or a liquidated demand shall have attached a statement in accordance with Form 3 in the First Schedule—
(a) of the amount of that debt or demand;
(b) if interest is claimed—
(i) of the rate of interest claimed to be payable as of right (whether by virtue of an agreement or otherwise); or
(ii) that the plaintiff applies for a specified order for interest (or a lump sum in lieu of interest) to be included in the sum for which judgment is given;
(c) whether taxed costs are claimed;
(d) if taxed costs are not claimed—of the amount claimed for costs and disbursements; and
(e) to the effect that proceedings on the claim will be stayed under Order 3 upon payment, within the time allowed for appearance, of the debt or demand, together with any amount allowed under that Order for interest and costs.
“(2) In this rule—
(a) an order under section 69 of the Act; or
(b) an order under another law specified in the statement.
“12. An originating application which includes a claim for damages for death or bodily injury arising out of the use of a motor vehicle shall have attached a statement in accordance with Form 4 in the First Schedule of the following:
(a) the time, date, place and circumstances of the use of the motor vehicle (including, where possible, the registration particulars of all vehicles involved);
(b) precise particulars of negligence;
(c) the nature and
extent of the injuries and disabilities resulting from the use of the motor
vehicle, so far as is known, sufficient
(where possible) to enable the
defendant to nominate the type of expert required to examine the plaintiff;
(d) the name of each health professional who has treated the plaintiff for such injuries and disabilities, and for any condition exacerbated by such an injury or disability;
(e) the nature of any claim for past or future economic loss, so far as is known, including (where relevant) the name and address of each employer of the plaintiff during a reasonable period before and since the use of the motor vehicle.
“13. An originating application which includes a claim for damages for death or bodily injury arising out of an employer's negligence shall have attached a statement in accordance with Form 5 in the First Schedule of the following:
(a) the time, date, place and circumstances of the negligence, including the acts or omissions constituting the negligence;
(b) if the negligence was that of a person other than the defendant, for whose negligence the defendant is vicariously liable—particulars of the person, and particulars of the claim for vicarious liability;
(c) if the cause of action is based upon a breach of statutory duty—particulars of the statutory provision and a precise statement of the acts or omissions constituting the breach;
(d) the nature and extent of the injuries and disabilities resulting from the acts constituting the negligence, so far as is known, sufficient (where possible) to enable the defendant to nominate the type of expert required to examine the plaintiff;
(e) the name of each health professional who has treated the plaintiff for such injuries and disabilities, and for any condition exacerbated by such an injury or disability;
(f) the nature of any claim for past or future economic loss, so far as is known, including (where relevant) the name and address of each employer of the plaintiff during a reasonable period before and since the acts constituting the negligence.
“14. (1) An originating application in relation to which there is no defendant shall be accompanied by an affidavit setting out evidence in relation to the claim for relief.
“(2) On filing an originating application in relation to which there is no defendant, the Registrar shall provide a hearing date to the plaintiff.
“15. Where there is a defendant to an action, the originating application shall include a statement to the effect that the action may be heard, and the defendant may become liable to suffer judgment or an order against the defendant, unless the defendant enters an appearance in the Registrar's office within the time specified in the application.
“16. (1) On filing an originating application the Registrar shall seal the application and a sufficient number of copies for service and proof of service.
“(2) The Registrar shall ensure that each copy sealed under subrule (1) is endorsed with—
(a) the distinguishing number assigned to the relevant proceeding; and
(b) the date on which—
(i) the application was first lodged for filing; or
(ii) if the application was commenced orally—the oral application was made.
“17. (1) At the request of the plaintiff at any time after an originating application is filed, the Registrar may seal a further copy or copies of the application, if satisfied that it is necessary to do so.
“(2) The Registrar shall ensure that each copy sealed under subrule (1) is endorsed with—
(a) the distinguishing number assigned to the proceeding;
(b) the date on which—
(i) the application was first lodged for filing; or
(ii) if the application was commenced orally—the oral application was made; and
(c) the time after service within which the defendant is required to enter an appearance.
“18. If sealed under subrule 16 (1) or 17 (1), a copy of an originating application is duly authorised for the purpose of service under these Rules, or for any other purpose for which an originating application is required to be produced.
“19. (1) The Registrar shall maintain a Cause Book for the purposes of these Rules.
“(2) The Cause Book may be maintained in electronic form.
“(3) The Cause Book shall be maintained in accordance with the directions of the Court.
“(4) The Registrar shall record in the Cause Book—
(a) the date, and a distinguishing number, of each originating application filed; and
(b) such other information about each originating application as the Registrar or the Court directs.
“20. Where it appears from an originating application that the applicant sues by a solicitor—
(a) on the written request of a defendant to the relevant action, the solicitor shall give the defendant a written declaration of whether the application was filed by him or her; and
(b) if the solicitor declares that he or she did not file the application—on the application of the defendant, the Court may stay the proceeding.
“21. Where, under Order 13, a defendant enters an appearance to an originating application, the Registrar shall appoint a date for a directions hearing, except in the following cases:
(a) a claim for debt or a liquidated demand;
(b) a claim for damages for death or bodily injury;
(c) an application for interpleader under Order 59.
“22. (1) Where a directions hearing is appointed in relation to a claim in an originating application, any claim for interlocutory relief relevant to that claim and included in the application shall be set down for hearing at the time of the directions hearing, unless the Registrar considers that an earlier date should be set down for reasons of urgency.
“(2) On the hearing of a claim for interlocutory relief, the action is to be taken to be before the Court for directions as on a directions hearing.
“23. An originating application remains in force for 6 months after it commences, subject to this Division.
“24. (1) If a defendant in an action is not served with the originating application, the plaintiff may apply for its renewal within 6 months after the action commences.
“(2) If an originating application has been renewed or further renewed under this rule, and a defendant in the action is not served with the application, the plaintiff may apply for its further renewal within 3 months after the application is renewed or further renewed.
“(3) On application under subrule (1) or (2), the Court may renew or further renew the originating application for such period, not exceeding 3 months, as it thinks fit, if satisfied that—
(a) reasonable efforts have been made to locate the defendant; or
(b) there is some other good cause for renewing or further renewing the originating application.
“25. (1) If an action is entered into the List of Inactive Cases under rule 28 or 29, the plaintiff may apply for the renewal of the originating application at any time prior to its dismissal under rule 31 for want of prosecution.
“(2) On application under subrule (1), the Court shall renew or further renew the originating application for such period, not exceeding 3 months, as it thinks fit, if satisfied that—
(a) the commencement of fresh proceedings in the same action would be statute-barred; and
(b) there is good cause for such renewal or further renewal.
“26. If the Court makes an order under this Division for the renewal (or further renewal) of an originating application, the application shall be—
(a) endorsed in the following form:
‘Renewed under [rule 24 or rule 25 ] of Order 2 by order made on [ date ] by [ Judge/Registrar ]'; and
(b) sealed by the Registrar.
“27. (1) The Registrar shall maintain a List of Inactive Cases.
“(2) The List of Inactive Cases may be maintained in electronic form.
“28. (1) The Registrar
shall enter an action in the List of Inactive Cases
7 months after the date of
its commencement, where—
(a) no application has been made for renewal under Division 2, or such an application has been refused;
(b) no appearance has been entered for any defendant; and
(c) the plaintiff has not applied to the Court to proceed upon default of appearance under Order 14.
“(2) If paragraphs (1) (a), (b) and (c) apply to an action 6 months after the date of its commencement, the Registrar shall give notice to the plaintiff of his or her intention to enter the action in the List of Inactive Cases if those paragraphs continue to apply to the action 7 months after the date of its commencement.
“(3) The Registrar shall enter an action in the List of Inactive Cases if—
(a) an application is made for renewal within 7 months after the date of commencement of the action;
(b) the application is refused after that period has elapsed; and
(c) at the time of refusal—
(i) no appearance had been entered for any defendant; and
(ii) the plaintiff had not applied to the Court to proceed upon default of appearance under Order 14.
“29. (1) If an originating application is renewed, the Registrar shall enter the action in the List of Inactive Cases 4 months after the date of renewal, where—
(a) no application has been made for its further renewal under Division 2, or such an application has been refused;
(b) no appearance has been entered for any defendant; and
(c) the plaintiff has not applied to the Court to proceed upon default of appearance under Order 14.
“(2) If paragraphs (1) (a), (b) and (c) apply to an action 3 months after the date of its renewal, the Registrar shall give notice to the plaintiff of his or her intention to enter the action in the List of Inactive Cases if those paragraphs continue to apply to the action 4 months after the date of its renewal.
“(3) The Registrar shall enter an action in the List of Inactive Cases if—
(a) the originating application is renewed under Division 2;
(b) an application for further renewal is made within 4 months after the date of that renewal;
(c) the application for further renewal is refused after that period has elapsed; and
(d) at the time of refusal—
(i) no appearance had been entered for any defendant; and
(ii) the plaintiff had not applied to the Court to proceed upon default of appearance under Order 14.
“(4) In this rule—
“30. The Registrar shall remove an action from the List of Inactive Cases if, within 2 months after the date of its entry on the List—
(a) the originating application is renewed under rule 25;
(b) an appearance is filed by the defendant;
(c) the plaintiff applies successfully to the Court to proceed upon default of appearance under Order 14; or
(d) the Court orders its removal.
“31. (1) If an action remains on the List of Inactive Cases 2 months after the date of its entry on the List, the action is to be taken to be dismissed for want of prosecution.
“(2) If an action is taken to be dismissed under subrule (1)—
(a) that dismissal is no bar to the commencement of fresh proceedings in the same action by the plaintiff; and
(b) the Court may reinstate the action in special circumstances.
“32. (1) The production of an originating application bearing the imprint of the seal of the Court under rule 16 or 17 is sufficient evidence of—
(a) the sealing of the application on the date indicated on the imprint; and
(b) the application's being first lodged for filing, or the making of the application orally, as the case may be, on the date endorsed on the application.
“(2) The production of an originating application bearing the imprint of the seal of the Court under rule 26 is sufficient evidence of the sealing and renewal of the application on the date indicated on the imprint.
“1. Where—
(a) an originating application consists solely of a claim for debt or a liquidated demand;
(b) the application includes a statement under rule 11 of Order 2; and
(c) the defendant pays the plaintiff the amount claimed, together with any amounts specified for interest and costs, within the time allowed for appearance;
all further proceedings in the action shall be stayed except taxation of costs and execution to recover costs.
“2. Where rule 1 applies, the defendant may require costs to be taxed if—
(a) more than $619 is claimed in the originating application for costs and disbursements;
(b) the plaintiff claims taxed costs; or
(c) the action could properly have been brought in the Magistrates Court.
“3. (1) This rule applies where—
(a) an originating application consists solely of a claim for debt or a liquidated demand;
(b) the application includes a statement under rule 11 of Order 2; and
(c) judgment is entered against the defendant in default of appearance.
“(2) Where this rule applies—
(a) subject to rule 7A of Order 65, costs shall be allowed without taxation of not more than $684 for costs and disbursements, together with an additional amount for fees properly paid for service of the application; and
(b) a claim for more than $684 for costs and disbursements (other than service fees) shall be subject to taxation.”.