Australian Capital Territory Repealed Regulations Australian Capital Territory Repealed RegulationsThis legislation has been repealed.
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to these rules.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• child
• government solicitor.
Note 3 For the meaning of terms defined in the Magistrates Court Act 1930, dict, see s 7.
"account", for part 19 (Enforcement of judgments)—see section 287.
"appellant", for an appeal in which there are 2 or more appellants, for part 21 (Appeals to Supreme Court), means all or any of the appellants.
"copy", in relation to a document to be served in a proceeding, means—
(a) if the document has been filed—a true copy sealed or stamped with the court's seal; and
(b) in any other case—a true copy.
"costs", in relation to a proceeding, means costs between party and party of and incidental to the proceeding.
"cross-claim" means a claim (whether by way of counterclaim, cross-action, set-off or otherwise) pleaded in a notice of grounds of defence filed by a defendant in a proceeding.
"debt due or accruing", for part 19 (Enforcement of judgments)—see section 287 (3).
"defendant" means the person against whom a proceeding has been begun.
"earnings", in relation to a person, for part 19 (Enforcement of judgments)—see section 287.
"examination summons", for part 19 (Enforcement of judgments)—see section 287.
"examiner" means a person appointed by the court to conduct an examination under section 202.
"file" a document means lodge the document in the court registry for inclusion in the court record.
"garnishee", for part 19 (Enforcement of judgments)—see section 287.
"garnishee order", for part 19 (Enforcement of judgments)—see section 287.
"giving", of a judgment, for part 19 (Enforcement of judgments)—see section 287 (2).
"instalment order", for part 19 (Enforcement of judgments)—see section 287.
"insurer" means a person who gives a bond mentioned in section 85.
"judgment", for part 19 (Enforcement of judgments)—see section 287.
"judgment creditor", for part 19 (Enforcement of judgments)—see section 287.
"judgment debt", for part 19 (Enforcement of judgments)—see section 287.
"judgment debtor", for part 19 (Enforcement of judgments)—see section 287.
"officer", of a corporation, includes a director and a person having (whether alone or with others) powers of management, direction or control of the corporation.
"originating process" means—
(a) a claim; or
(b) an application mentioned in section 22.
"person named", in relation to a subpoena issued under section 187, means the person to whom the subpoena is addressed.
"person under disability" means—
(a) a child; or
(b) a person with a mental disability.
"person with a mental disability", in relation to a proceeding, means a person who is not legally competent to be a party to the proceeding, and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991.
"plaintiff" means the person by whom a proceeding has been begun.
"pleading" means a claim, notice of grounds of defence, reply or third or subsequent party notice filed in a proceeding.
"prescribed percentage" means—
(a) if the relevant amount is less than $10 000—33%; or
(b) if the relevant amount is not less than $10 000 but is less than $25 000—67%; or
(c) if the relevant amount is not less than $25 000 but is less than $40 000—80%; or
(d) if the relevant amount is not less than $40 000—90%.
"proceeding" means a proceeding in the court.
"property", for part 17 (Interpleader)—see section 239.
"relevant amount", in relation to proceedings—see section 259.
"subpoena for production" means a written order requiring the person named in it to attend as directed by the order and to produce a document or thing for the purpose of evidence.
"subpoena to give evidence" means a written order requiring the person named in it to attend as directed by the order for the purpose of giving evidence.
"third party", for part 8 (Third-party procedure)—see section 56.
"writ of execution", for part 19 (Enforcement of judgments)—see section 287.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
|
amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
|
dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
|
Gaz = gazette |
reloc = relocated |
|
hdg = heading |
R[X] = Republication No |
|
IA = Interpretation Act 1967 |
RI = reissue |
|
ins = inserted/added |
s = section/subsection |
|
LA = Legislation Act 2001 |
sch = schedule |
|
LR = legislation register |
sdiv = subdivision |
|
LRA = Legislation (Republication) Act 1996 |
sub = substituted |
|
mod = modified/modification |
SL = Subordinate Law |
|
o = order |
underlining = whole or part not commenced |
|
om = omitted/repealed |
or to be expired |
These rules were made as part of the Court Procedures Act 2004 (see
A2004-59, s 100 and sch 2).
Magistrates Court (Civil Jurisdiction) Rules 2004 SL2004-58
taken to have been notified LR 2 September 2004 (A2004-59, s 100 (3) (a))
s 1 taken to have commenced 2 September 2004 (LA s 75 (1))
remainder commenced 10 January 2005 (A2004-59, s 100 (3) (b))
Note Rules exp 1 July 2006 (see Court
Procedures Act 2004
A2004-59, s 100), but
until 1 January 2007 continued to apply for the purpose of proceedings in the
Magistrates Court as if they had not expired (see Court Procedures Rules 2006,
SL2006-29, r 7010).
as amended by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.10, pt 1.51, pt 1.52
notified LR 2 September
2004
s 1, s 2 commenced 2 September 2004 (LA s 75
(1))
sch 1 pt 1.10, pt 1.51, pt 1.52 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.13
notified LR 24 March 2005
s
1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.13 commenced 25 March 2005 (s 2)
Court Procedures Amendment Rules 2005 (No 1) SL2005-13 pt 2
notified LR 7 July 2005
r 1, r 2 commenced 7 July 2005 (LA s 75 (1))
pt 2 commenced 8 July 2005 (r 2)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.18
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.18 commenced 22 December 2005 (s 2 (4))
as modified by
Court Procedures Rules 2006 SL2006-29 sch 7
notified LR 16 June 2006
r 1, r 2 commenced 16 June 2006 (LA s 75 (1))
sch 7 commenced 1 July 2006 (r 2)
Application of
rules
s 4 am A2005-13 amdt
1.44
Institution of
proceedings
pt 3 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Lodgment and filing of originating
process
s 13 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Numbering of
proceedings
s 14 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Contents of originating
process
s 15 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Signing of originating
process
s 16 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Proceedings by
claim
s 17 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457
When proceeding by claim
begins
s 17A ins SL2005-13 r
4
Form of
claim
s 18 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.457
More than 1 cause of
action
s 19 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Division of cause of
action
s 20 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Abandonment of
excess
s 21 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
Proceedings by
application
s 22 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
When proceeding by application
begins
s 22AA ins SL2004-13 r
5
Originating process struck out after 1
year
s 22A reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.457
am SL2005-13 r
6
(3), (4) exp 10 January 2006 (s
22A (4))
Service
pt
4 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.459
Service of documents
generally
s 23 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Service of originating process by
post
s 24 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.459
Substituted
service
s 25 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Service on legal
practitioner
s 26 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Service at address for
service
s 27 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Address for
service
s 28 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Time of
service
s 29 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Proof of service of
documents
s 30 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Doubtful
service
s 31 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
No need for production of original
document
s 32 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Waiver of objection to
service
s 33 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.459
Cessation and renewal of
claim
pt 5 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.460
Cessation of original
claim
s 34 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460
Renewal of
claim
s 35 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460
Cessation of renewed
claim
s 36 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.460
Defence, judgment by default, confession or
agreement, and special
defences
pt 6 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Notice of grounds of
defence
div 6.1 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Filing of notice of grounds of
defence
s 37 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Form of notice of grounds of
defence
s 38 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Service of notice of grounds of
defence
s 39 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Reliance on defence not
disclosed
s 40 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Judgment in default of
defence
div 6.2 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Interlocutory judgment by default on
ordinary claim
s 41 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Assessment of recoverable amount following
interlocutory judgment
s 42 reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Judgment by default on special
claim
s 43 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.467
Judgment by
confession
div 6.3 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Judgment by
confession
s 44 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Judgment by
agreement
div 6.4 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Judgment by
agreement
s 45 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Special
defences
div 6.5 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Defence of tender before
action
s 46 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Defence of
set-off
s 47 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Cross-claim
s
48 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Abandonment of excess of
cross-claim
s 49 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Proceedings on
cross-claim
s 50 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Trial of
cross-claim
s 51 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.467
Reply
pt
7 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.468
Filing of
reply
s 52 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468
Form of
reply
s 53 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468
Service of
reply
s 54 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.468
Defence to
cross-claim
s 55 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.468
Third-party
procedure
pt 8 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Meaning of third
party
s 56 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470
Filing of third-party
notice
s 57 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Service of
documents
s 58 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Stay of
proceedings
s 59 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Rights and liabilities of third
party
s 60 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.470
Procedure on
hearing
s 61 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Enforcement
s
62 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Subsequent joinder of
parties
s 63 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Separate
trials
s 64 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Codefendants
s
65 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Costs in proceedings if third party
joined
s 66 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.470
Discontinuance and
withdrawal
pt 9 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.471
Discontinuance
s
67 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.471
Withdrawal
s
68 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.471
Costs
s
69 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.471
Effect of
discontinuance
s 70 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.471
Payment into
court
pt 10 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
How money paid into
court
s 71 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Payment by
defendant
s 72 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
Form of notice of
payment
s 73 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
Service of notice of payment into
court
s 74 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Abandonment of
cross-claim
s 75 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
No admission of
liability
s 76 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
Acceptance of amount paid into
court
s 77 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Effect of acceptance of money paid into
court
s 78 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Withdrawal of money paid into
court
s 79 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Order for payment out after
acceptance
s 80 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
Payment of money under defence of
tender
s 81 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
Nondisclosure of payment into
court
s 82 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Costs if money paid into
court
s 83 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Money paid into court remaining at
judgment
s 84 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.473
Lodgment of
bond
s 85 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.473
Persons under
disability
pt 11 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Capacity as regards
proceedings
s 86 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Liability for
costs
s 87 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475
Entitlement to be next friend or guardian ad
litem
s 88 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475
Appointment of next
friend
s 89 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Appointment of guardian ad
litem
s 90 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475
Record of
appointee
s 91 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Removal of next friend or guardian ad
litem
s 92 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.475
Admission on
pleadings
s 93 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Judgment in proceedings if no guardian ad
litem appointed
s 94 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Compromise before
action
s 95 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Approval of settlement involving person
under disability
s 96 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Money recovered by person under
disability
s 97 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Service on person under
disability
s 98 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.475
Pleadings and
particulars
pt 12 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Pleadings
generally
div 12.1 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Paragraphs in
pleadings
s 99 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Facts in
evidence
s 100 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Brevity
s
101 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Documents and spoken
words
s 102 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Presumed
facts
s 103 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Conditions
precedent
s 104 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Money
claims
s 105 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Matters for specific
pleading
s 106 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Contributory
negligence
s 107 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
New
matter
s 108 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Departure
s
109 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Points of
law
s 110 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477
Admissions and
traverse
s 111 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Joinder of
issue
s 112 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Striking out of inadequate etc
pleading
s 113 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
General issue
abolished
s 114 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Particulars
div
12.2 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.477
Sufficient
particulars
s 115 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Fraud
etc
s 116 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477
Condition of
mind
s 117 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477
Negligence and breach of statutory
duty
s 118 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477
Out-of-pocket expenses
etc
s 119 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.477
Amount claimed for property
damage
s 120 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
How particulars in pleadings
given
s 121 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Further and better
particulars
s 122 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.477
Interlocutory
matters
pt 13 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Interlocutory
application
div 13.1 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Interlocutory
applications
s 123 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Hearing of
motion
s 124 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Costs on
application
s 125 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Amendment
div
13.2 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.479
General power of
amendment
s 126 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Amendment of pleading without
leave
s 127 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Consequential amendment of defence or
reply
s 128 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Disallowance of
amendment
s 129 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Duration of
leave
s 130 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Direction for mode of
amendment
s 131 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Simple mode of
amendment
s 132 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Mode of amendment of fresh
document
s 133 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Service after
amendment
s 134 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Statutes of
limitation
s 135 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Amendment of judgment, order or certificate
to correct error
s 136 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Costs in relation to
amendment
s 137 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Summary
judgment
div 13.3 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Summary judgment for
plaintiff
s 138 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Summary stay or
dismissal
s 139 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Residue of
proceedings
s 140 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Dismissal for want of
prosecution
s 141 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Parties
div
13.4 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.479
Joinder of parties
generally
s 142 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Joint
right
s 143 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Common
liability
s 144 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Inconvenient joinder of
parties
s 145 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Misjoinder and nonjoinder of
parties
s 146 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Joinder of parties by
order
s 147 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Removal of
parties
s 148 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Death, transmission
etc
s 149 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.479
Further conduct of
proceedings
s 150 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Failure to proceed after death of
party
s 151 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Representatives re concurrent
interests
s 152 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Deceased
person
s 153 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Executors and
administrators
s 154 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Consolidation
div
13.5 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.479
Consolidation
s
155 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Admissions
div
13.6 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.479
Voluntary
admissions
s 156 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Notice to admit
facts
s 157 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Admission of documents
discovered
s 158 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Judgment on
admissions
s 159 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Restricted effect of
admissions
s 160 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Costs
s
161 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Interrogatories
div
13.7 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.479
Interrogatories
s
162 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Discovery and
inspection
div 13.8 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Notice for
discovery
s 163 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Discovery on
notice
s 164 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Limitation of discovery on
notice
s 165 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Codefendants
s
166 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Order for general
discovery
s 167 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Contents of affidavit of
discovery
s 168 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Absence of
privilege
s 169 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Order for particular
discovery
s 170 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Document referred to in pleading or
affidavit
s 171 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Order for
production
s 172 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Power to take
copies
s 173 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Production to
court
s 174 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Inspection to decide
objection
s 175 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Order only if
necessary
s 176 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Default
s
177 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Public
interest
s 178 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.479
Hearing
pt
14 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.496
Setting down for
hearing
div 14.1 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Certificate of readiness for
hearing
s 179 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Application for expedited
hearing
s 180 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Procedure on
hearing
div 14.2 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Court's direction in relation to
conduct of hearing
s 182 reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Order of presentation of
cases
s 183 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Procedure if both parties
appear
s 184 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Procedure in absence of
party
s 185 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Procedure if neither party
appears
s 186 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Subpoena to
witness
div 14.3 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Issue of
subpoena
s 187 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
ss renum R1 LA (see A2004-60
amdt 1.492)
am SL2005-13 r
7
Production by
non-party
s 188 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Setting aside of
subpoena
s 189 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Production on
notice
s 190 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Adjournment, stay or postponement of
proceedings
div 14.4 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Adjournment of
proceedings
s 191 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Stay of
proceedings
s 192 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Postponement of hearing by
registrar
s 193 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.496
Evidence
pt
15 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.499
Evidence
generally
div 15.1 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Oral
evidence
s 195 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Evidence by
affidavit
s 196 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Examination on
oath
s 197 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.499
Proof of court
documents
s 198 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Medical
evidence
s 199 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Privilege
s
200 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Dispensing with rules of
evidence
s 201 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Examinations de bene
esse
div 15.2 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Order for examination of
witnesses
s 202 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Affidavits
div
15.3 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.499
Time for swearing
affidavits
s 203 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Form of
affidavit
s 204 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Irregularity in
affidavit
s 205 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Filing and service of
affidavit
s 206 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Cross-examination of
deponent
s 207 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Contents of
affidavits
s 208 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Deponents for affidavits answering
interrogatories or of discovery
s
209 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Affidavit by illiterate or blind
person
s 210 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Affidavit by person unable to understand
English
s 211 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Annexures and exhibits to
affidavits
s 212 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Alterations in
affidavits
s 213 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Scandalous or offensive
matter
s 214 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.499
Judgment
pt
16 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.510
Powers of court on
judgment
s 215 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Damages to time of assessment in certain
cases
s 216 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Judgment in actions relating to detention of
goods
s 217 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
ss renum R1 LA (see A2004-60
amdt 1.503)
Judgment for costs
only
s 218 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510
Time for
compliance
s 219 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Judgment final and
conclusive
s 220 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Setting aside of judgment or
order
s 221 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Setting aside of judgment entered
irregularly
s 222 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Time of effect of judgment or
order
s 223 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Reservation of judgment or
decision
s 224 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Minute of
judgment
s 225 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Formal order for
judgment
s 226 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Evidence of
judgment
s 227 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Joint
liability
s 228 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Setting off of
judgments
s 229 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Interest up to
judgment
s 230 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
pars renum R1
LA
Judgment by default, confession or
agreement—interest
s
231 (1), (2) reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by
A2004-60 amdt 1.510
(3) reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 3 by A2004-60 amdt
1.582
Judgment for interest
only
s 232 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510
Amendment of claim for
interest
s 233 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Interest on
judgments
s 234 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Limitation
periods
s 235 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Payment of judgment debts
generally
s 236 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Payment of part of judgment
debt
s 237 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.510
Entry and enforcement of judgment in Supreme
Court
s 238 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.510
Interpleader
pt
17 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.511
Meaning of property for pt
17
s 239 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.511
Interpleader by
defendant
s 240 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.511
Interpleader by
bailiff
s 241 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.511
When interpleader proceeding
begins
s 241A ins SL2005-13 r
8
Notice of application for
relief
s 242 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.511
Interpleader
proceedings
s 243 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.511
Service of
documents
s 244 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.511
Adverse
titles
s 245 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.511
Costs
pt
18 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.518
General
div
18.1 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.518
Costs in discretion of court or to follow
event
s 246 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Time for exercise of court's powers in
relation to costs
s 247 reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Fixing of
costs
s 248 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Agreement about
costs
s 249 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Entitlement to
taxation
s 250 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Costs part of judgment
debt
s 251 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518
Court's power about costs if no
jurisdiction
s 252 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Power of court to vary entitlement to taxed
costs
s 253 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Time for payment of
costs
s 254 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Taxation if judgment subject to appeal
etc
s 255 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518
Noncompliance with rules or
order
s 256 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Liability of solicitor for
costs
s 257 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Costs—certain applications under
Common Boundaries Act
s
257A reloc from Common Boundaries Act 1981 s 9 by A2004-60 amdt
1.66
Particular
items
div 18.2 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Nature of costs to be allowed or disallowed
on taxation
s 258 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Scale of
costs
s 259 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Scale of costs for proceedings on
cross-claim
s 260 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Scale of costs in enforcement
proceedings
s 261 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Scale of costs in proceedings if there are
separate judgments against
defendants
s 262 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Amount paid to nonlegal
representative
s 263 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Retainer to legal
practitioner
s 264 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Brief fees paid to more than 1
barrister
s 265 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Refresher
fees
s 266 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518
Fees when barrister
absent
s 267 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Reckoning of 5 hour
periods
s 268 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Amounts paid to
witnesses
s 269 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Expenses of preparing plans
etc
s 270 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518
Disbursements
s
271 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Costs not otherwise provided
for
s 272 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.518
Taxation
div
18.3 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.518
Filing, and appointment to tax, bill of
costs
s 273 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Contents of bills of
costs
s 274 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
General powers of registrar on
taxation
s 275 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Notice of adjournment of taxation
proceedings
s 276 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Report to
court
s 277 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Reference to court for
directions
s 278 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Default of party
entitled
s 279 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Cross
costs
s 280 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Certificate of taxed
costs
s 281 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Review of
taxation
s 282 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Costs of proceedings before registrar on
taxation
s 283 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Fee to barrister on taxation
proceedings
s 284 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Attendance of parties on
taxation
s 285 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Security for
costs
div 18.4 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Security for
costs
s 286 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.518
Enforcement of
judgments
pt 19 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Preliminary
div
19.1 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.538
Interpretation for pt
19
s 287 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Exercise of
powers
s 288 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Costs
s
289 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Court Procedures Act 2004, s 81 not to
apply
s 290 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Court may exercise powers of
registrar
s 291 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Orders at time of
judgment
div 19.2 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Instalment and garnishee
orders
s 292 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Order for issue of writ of
execution
s 293 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Examination
procedures
div 19.3 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Notice requiring financial
information
s 294 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Issue of examination
summons
s 295 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Content of examination
summons
s 296 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Service of examination
summons
s 297 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Examination of judgment
debtor
s 298 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Orders following
examinations
s 299 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Report of certain
examinations
s 300 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Subsequent
examinations
s 301 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Failure to attend in answer to
summons
s 302 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Warrants
s
303 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Police
assistance
s 304 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Examination after issue of
warrant
s 305 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Refusal to be
examined
s 306 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Registrar may adjourn
examination
s 307 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Instalment
orders
div 19.4 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Instalment orders on application by judgment
debtor
s 308 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Instalment orders by
agreement
s 309 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Objection by judgment creditor to instalment
order
s 310 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Hearing by
court
s 311 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Service of instalment
orders
s 312 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Judgment creditor may apply for variation or
revocation
s 313 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Stay of enforcement of
judgment
s 314 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Payment to judgment
creditor
s 315 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Default
s
316 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Garnishee
orders
div 19.5 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Orders on application to
registrar
s 317 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Grounds for refusing
orders
s 318 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Form and effect of
orders
s 319 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Service of garnishee
orders
s 320 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Stay of garnishee orders attaching
earnings
s 321 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Part only of earnings may be
attached
s 322 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
One order attaching earnings to operate at a
time
s 323 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Limitations on payments under orders
attaching earnings
s 324 reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Accounts with authorised deposit-taking
institutions
s 325 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Direct crediting—veterans'
pensions
s 326 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Payments by
garnishees
s 327 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Time for
payment
s 328 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Notice by garnishee to judgment
creditor
s 329 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Application to vary or revoke garnishee
order
s 330 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Application for instalment
order
s 331 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Determination of
application
s 332 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Court may order writ of execution to be
issued
s 333 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
No debts due or
accruing
s 334 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Failure to comply with
order
s 335 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Lien or claim of third party on
debt
s 336 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Excess paid by
garnishee
s 337 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Reduction of attached
debt
s 338 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Deductions by
garnishees
s 339 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Judgment debtor ceases
employment
s 340 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Stay of enforcement of
judgment
s 342 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Execution against personal
property
div 19.6 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Issue of writs of
execution
s 343 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Leave to issue required in certain
circumstances
s 344 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Form of writ of
execution
s 345 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Priority and duration of
writs
s 346 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Seizure of property for
sale
s 347 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Seizure of money and things in
action
s 348 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Entry, search and
seizure—bailiff's
powers
s 349 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Safekeeping of property
seized
s 350 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Property seized not
abandoned
s 351 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Removal of property
seized
s 352 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Notice of
seizure
s 353 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Exempt
property
s 354 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Stay of sale of property
seized
s 355 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Payment preventing
execution
s 356 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Suspension of execution by judgment
creditor
s 357 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Agreements to withdraw and
re-enter
s 358 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Deposit to cover costs of
execution
s 359 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Conditions of
sale
s 360 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Time of
sale
s 361 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Postponement
s
362 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Determining market
value
s 363 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Judgment debtor may challenge market
value
s 364 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Sale by public
auction
s 365 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Sale by private
agreement
s 366 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Terms about
payment
s 367 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Sale price to be
recorded
s 368 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Purchase by bailiffs or auctioneer
prohibited
s 369 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Auctioneer to
account
s 370 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Surplus sale proceeds paid to judgment
debtor
s 371 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Costs of
execution
s 372 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Payment of amounts raised to
registrar
s 373 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Proceeds of
writ
s 374 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.538
Account
s
375 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Order for
disposal
s 376 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Property to be returned to judgment
debtor
s 377 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Separate execution for
costs
s 378 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Liability of
bailiffs
s 380 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Miscellaneous
div
19.7 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.538
Enforcement of payment directed by Essential
Services Consumer Council
s
380A reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.538
Keeping of
records
s 380B reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 6 by A2004-60 amdt
1.585
Service and execution of
process
s 380C reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 7 by A2004-60 amdt
1.585
Notice of service of
process
s 380D reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 8 by A2004-60 amdt
1.585
Receipt for
money
s 380E reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 9 by A2004-60 amdt
1.585
Return on
writ
s 380F reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 10 by A2004-60 amdt
1.585
Notices
s
380G reloc from Magistrates Court (Civil Jurisdiction) Regulation 1987 s 11 by
A2004-60 amdt 1.585
Bailiff not to act as
agent
s 380H reloc from
Magistrates Court (Civil Jurisdiction) Regulation 1987 s 12 by A2004-60 amdt
1.585
Appeals to Supreme
Court
pt 21 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.542
Application for leave to
appeal
s 388 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.542
Institution of
appeal
s 389 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.542
Substituted service of notice of
appeal
s 390 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.542
Powers of Supreme Court on
appeal
s 393 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.542
om A2005-60 amdt
1.103
Small Claims
Court
pt 22 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Preliminary
div
22.1 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.575
Definitions for pt
22
s 394 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def applicant
reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def application
reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def common boundaries
determination reloc from Magistrates Court (Civil Jurisdiction) Act 1982
by A2004-60 amdt 1.575
def
conference reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
consent judgment reloc from Magistrates Court (Civil Jurisdiction)
Act 1982 by A2004-60 amdt 1.575
def
damages application reloc from Magistrates Court (Civil
Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def debt
application reloc from Magistrates Court (Civil Jurisdiction) Act 1982
by A2004-60 amdt 1.575
def
debt declaration reloc from Magistrates Court (Civil Jurisdiction)
Act 1982 by A2004-60 amdt 1.575
def
default judgment reloc from Magistrates Court (Civil Jurisdiction)
Act 1982 by A2004-60 amdt 1.575
def
functions reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
goods application reloc from Magistrates Court (Civil
Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def inquiry
reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def interim
order reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by
A2004-60 amdt 1.575
def
investigator reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
judgment reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
nuisance application reloc from Magistrates Court (Civil
Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def order reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def originating
application reloc from Magistrates Court (Civil Jurisdiction) Act 1982
by A2004-60 amdt 1.575
def
proceedings reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
referee reloc from Magistrates Court (Civil Jurisdiction) Act 1982
by A2004-60 amdt 1.575
def
respondent reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
response reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
def
restoration order reloc from Magistrates Court (Civil
Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def specified
reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def subpoena
reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
def trespass
application reloc from Magistrates Court (Civil Jurisdiction) Act 1982
by A2004-60 amdt 1.575
def
unspecified reloc from Magistrates Court (Civil Jurisdiction) Act
1982 by A2004-60 amdt 1.575
Explanatory material in forms
etc
s 394A reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575
Application of rules to small claims
proceedings
s 395 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Commencement of
proceedings
div 22.3 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Assistance to members of
public
s 403 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Originating
applications
s 404 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Single application for each
matter
s 405 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Debt
declarations
s 406 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Interest
claims
s 407 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Service of originating
applications
s 408 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Amendments
s
409 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Pre-conference
procedures
div 22.4 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Application—common boundaries
applications
s 410 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Response
s
411 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Admission of
liability
s 412 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Admission of liability—payment of
money
s 413 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Admission of
liability—bonds
s 414 reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Admission of liability—acceptance by
applicant
s 415 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Contested applications—conferences and
inquiries
s 416 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Failure to
respond
s 417 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Striking out
application
div 22.5 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Originating applications struck out after 1
year
s 418 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
am SL2005-13 r
9
(3), (4) exp 10 January 2006 (s
418 (4))
Conferences
div
22.6 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.575
Directions for
conferences
s 419 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Conference
objectives
s 420 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Variation of conference
fixtures
s 421 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Representation at
conferences
s 422 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Persons entitled to be
present
s 423 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Adjournment
s
424 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Consent
judgments
s 425 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Failure of conciliation—direction for
inquiry
s 426 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Failure to attend
conference
s 428 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Inquiries
div
22.7 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.575
General
procedure
sdiv 22.7.1 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Directions for
inquiries
s 429 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Inquiries—constitution of Small Claims
Court
s 430 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Inquiry
procedure
s 431 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Investigators
s
432 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Giving evidence by oath or
affirmation
s 433 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Representation at
inquiries
s 434 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Interlocutory
applications
s 436 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Adjournment of
inquiry
s 437 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Transfer of small claims proceedings to
general jurisdiction of court
s
438 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Transfer of proceedings in general
jurisdiction of court to small claims
jurisdiction
s 439 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Discontinuance
s
440 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Failure to
appear
s 441 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Dismissal for abuse of
process
s 442 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Restoration of
proceedings
s 443 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Witnesses and
evidence
sdiv 22.7.2 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Subpoena
s
444 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Subpoena to
produce
s 445 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Retention of subpoenaed documents and
things
s 446 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Witness fees and
expenses
s 447 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Enforcement of
subpoena
s 448 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Judgments
sdiv
22.7.3 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by
A2004-60 amdt 1.575
Finality of
judgments
s 450 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Consent
judgments
s 451 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Form of
judgments
s 452 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Counterclaims and
set-offs
s 453 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Interest up to judgment—Small Claims
Court
s 454 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Interest on judgment
debts
s 455 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Costs
s
456 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Orders to perform
work
s 457 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575
Orders to perform work—conditions for
payment
s 458 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Goods
orders
s 459 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Trespass
s
460 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Debt
declarations—orders
s
461 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Other
orders
s 462 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Enforcement of
judgments
sdiv 22.7.4 hdg reloc
from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Application of
Act
s 463 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.575
Joint
liability
s 464 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Notice—orders made in person's
absence
s 465 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Enforcement of orders by executors and
administrators
s 466 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Payment of money under
judgment
s 467 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Service of
documents
div 22.8 hdg reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Service
s
468 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Doubtful
service
s 469 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.575
Miscellaneous
pt
23 hdg reloc from Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60
amdt 1.579
Headings of court
documents
s 472 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Requirements for
documents
s 473 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Power of court in relation to scandalous etc
documents
s 474 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Notice of rejection of
documents
s 475 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Signature of legal practitioner on
documents
s 476 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Sealing duplicate
documents
s 477 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Court
seals
s 478 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
am A2005-60 amdt 1.104, amdt
1.105; ss renum A2005-60 amdt
1.106
reloc to Magistrates Court
Rules 1932, as s 101 by
A2005-60
amdt 1.107
Magistrate in
chambers
s 479 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Chamber
business
s 480 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Consent
orders
s 481 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Right of
appearance
s 482 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Review of decisions of
registrar
s 483 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Representation by legal
practitioner
s 484 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Appointment of legal
practitioner
s 485 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Change of legal
practitioner
s 486 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Time of effect of change etc of legal
practitioner
s 487 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Corporations acting in
person
s 488 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Reckoning of
time
s 489 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579
Extension and abridgment of
time
s 490 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579
Fixing of
times
s 491 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Irregularity in
proceedings
s 492 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Restoration of proceedings struck
out
s 493 reloc from Magistrates
Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt 1.579
Certified copies of official
records
s 494 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Records of default
judgments
s 495 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Infant
plaintiffs
s 496 reloc from
Magistrates Court (Civil Jurisdiction) Act 1982 by A2004-60 amdt
1.579
Proceeding in business name if unregistered
etc
s 497 ins as mod SL2006-29
mod 1.1
exp 1 January 2007
(SL2006-29 r 7010 (4))
Schedule
1
sch 1 reloc from Magistrates
Court (Civil Jurisdiction) Regulation 1987 by A2004-60 amdt
1.588
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
10 Jan
2005– |
A2004-60 |
new rules and amendments by A2004-60 |
|
R2 |
25 Mar
2005– |
A2005-13 |
amendments by A2005-13 |
|
R3 |
8 July
2005– |
SL2005-13 |
amendments by SL2005-13 |
|
R4 |
22 Dec
2005– |
A2005-60 |
amendments by A2005-60 |
|
R5 |
11 Jan
2006– |
A2005-60 |
commenced expiry |
|
R6 |
1 July
2006– |
A2005-60 |
modifications by SL2006-29 and updated endnotes |
© Australian Capital Territory 2006
Australian Capital
Territory
SL2004-58
Republication No 7
Effective: 1 January 2007
Republication date: 1 January 2007
Rules expired 1 July 2006 (see Court Procedures Act 2004
A2004-59, s 100), but until 1 January 2007 continued to apply for the purpose of proceedings
in the Magistrates Court as if they had not expired (see Court Procedures Rules
2006, SL2006-29, r
7010).
Unauthorised version
prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed), made under the Court Procedures Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 January 2007.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
Australian Capital
Territory
Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed)
Endnotes
Australian Capital
Territory
Magistrates Court (Civil Jurisdiction) Rules 2004 (repealed)