Northern Territory Numbered Regulations

LOCAL COURT AMENDMENT RULES 2005 (NO 7 OF 2005) - REG 3

    Parts 30 and 30A –

    repeal , substitute

PART 30 – APPLICATIONS AND CLAIMS RELATING TO TENANCIES

Division 1 – Preliminary

30.01  Definitions

    In this Part –

"Commissioner" –

    (a)     in relation to a tenancy application, means the Commissioner of Tenancies within the meaning of
section 13 of the Residential Tenancies Act ; or

    (b)     in relation to a retail tenancy claim, means the Commissioner of Business Tenancies within the meaning of section 12 of the Business Tenancies (Fair Dealings) Act ;

"landlord", in relation to any application under the Tenancy Act , means the lessor within the meaning of that Act;

"order for possession" means an order for possession made under the Residential Tenancies Act , Tenancy Act or Business Tenancies (Fair Dealings) Act ;

"retail tenancy claim" means any claim or application specified in
section 84 of the Business Tenancies (Fair Dealings) Act ;

"summary possession application" means an application under section 51 of the Tenancy Act ;

" Tenancy Act " means the Tenancy Act as in force immediately before
1 March 2000, the application of which is continued in accordance with section 160 of the Residential Tenancies Act ;

"tenancy application" means an application to the Court under the Residential Tenancies Act , Tenancy Act or Business Tenancies (Fair Dealings) Act other than a summary possession application or retail tenancy claim;

"tenant", in relation to an application under the Tenancy Act , means the lessee within the meaning of that Act.

30.02  Applications or claims may be made by agents

    Any application or claim under this Part may be made by an agent of a landlord or tenant who is authorised in writing by the landlord or tenant to act in that capacity.

Division 2 – Tenancy applications and summary possession applications

30.03  Form of applications

    (1)     A tenancy application is to be in accordance with Form 30A.

    (2)     If a tenancy application is made by a landlord who does not know the name of the tenant, the application may be directed to the occupier of the premises to which the application relates.

    (3)     A summary possession application is to be in accordance with Form 30B.

30.04  Filing of applications and service of tenancy applications

    (1)     On the filing of a tenancy application or summary possession application, a Registrar must fix a date, time and place for the hearing and mark them on the application.

    (2)     A copy of a tenancy application must be served personally on the person to whom it is addressed as soon as practicable after the application is filed and not less than 2 days before the date fixed for the hearing.

    (3)     If it is impracticable to effect personal service of the tenancy application or attempts to effect personal service are unsuccessful –

    (a)     a copy of the tenancy application may be served by leaving it in a letter-box or other receptacle for mail at the last-known residential or business address of the person to whom it is addressed or by affixing it to a conspicuous part of the premises at that address; and

    (b)     the applicant must file an affidavit stating the reasons why personal service of the tenancy application was not effected and the manner in which the tenancy application was served.

30.05  Hearing of applications

    (1)     If the applicant fails to attend the hearing of the tenancy application or summary possession application, the Court may dismiss the application or make the orders it considers appropriate.

    (2)     If the person to whom a tenancy application is addressed fails to attend the hearing of the application, the Court may –

    (a)     hear and determine the application if it is satisfied the application was properly served; or

    (b)     make the orders it considers appropriate.

    (3)     If neither party to a tenancy application attends the hearing of the application, the Court may dismiss the application or make the orders it considers appropriate.

30.06  Applications for warrant of possession

    (1)     After an order for possession is made, the landlord may apply for a warrant of possession by filing a form of the warrant in accordance with
Form 46A.

    (2)     If the order for possession is made by the Commissioner, the landlord must also file a copy of the order.

Division 3 – Retail tenancy claims

30.07  Application of Division

    This Division applies in relation to a retail tenancy claim in respect of which –

    (a)     a certificate has been issued by the Commissioner under
section 104 of the Business Tenancies (Fair Dealings) Act ; and

    (b)     the Court has jurisdiction under section 105 of that Act.

30.08  Commencement of proceedings

    (1)     A plaintiff commences a proceeding in respect of a retail tenancy claim by filing under Part 7 a statement of claim or an originating application, as applicable in the circumstances.

    (2)     The statement of claim or originating application must be accompanied by the certificate issued by the Commissioner.

30.09  Case management

    (1)     At the first conciliation conference, the parties are not required to attend personally but may be represented by a legal practitioner or, with the leave of the Court, by some other person who is fully instructed as to the conduct of the proceeding.

    (2)     For subrule (1), the relevant rules and prescribed forms are to be applied or used with the necessary changes.