19 Particular proceedings
particular proceedings, including, for example, the following:
(a) taking of accounts;
(b) proceedings for damages for personal injury or death;
(c) the payment of amounts into court;
(d) for the Supreme Court—judicial review proceedings;
(e) for the Supreme Court—prerogative orders, including
prerogative injunctions and declarations, and the form in which
prerogative relief or remedy may be granted;
(f) for the Supreme Court—habeas corpus orders, including the
form in which relief by way of habeas corpus may be granted
20 Interest
interest, including, for example, the following:
(a) interest up to judgment;
(b) interest on judgments
21 Administration and probate
for the Supreme Court, administration and probate, including, for
example, the following:
(a) applications for grants of probate or letters of administration and
the documents required;
(b) resealing grants;
(c) caveats objecting to grants, orders to administer or resealing
grants;
(d) contested proceedings
Item 22
22 Adoption
for the Supreme Court, adoption, including, for example, applications
for adoptions
23 Arbitration
for the Supreme Court, arbitration, including, for example, the use of
court-appointed referees
24 Contempt of court
contempt of court, including, for example, the following:
(a) contempt of the court as constituted other than by a judge or
magistrate;
(b) proceedings for failure to comply with orders, other than orders
to pay an amount
25 Trusts
for the Supreme Court, trusts
26 Costs
costs, including, for example, the following:
(a) security for costs;
(b) entitlement to recover costs;
(c) costs of parties in proceedings;
(d) costs against non-parties to proceedings;
(e) assessment of costs
Item 27
27 Appeals
appeals, including, for example, the following:
(a) for the Magistrates Court and prescribed tribunals—appeals to
the Supreme Court;
(b) for the Supreme Court—
(i) appeals to the Supreme Court other than to the Court of
Appeal; and
(ii) appeals to the Court of Appeal
28 Enforcement of judgments
enforcement of judgments, including, for example, the following:
(a) enforcement hearings, including examination procedures;
(b) enforcement orders, including the following:
(i) enforcement orders for entry onto, and delivery of
possession of, land;
(ii) enforcement orders for seizure and sale of property;
(iii) enforcement orders for seizure and delivery of particular
goods;
(iv) enforcement orders for seizure and detention of property;
(v) enforcement orders for the attachment or redirection of
debts, income and other money;
(vi) for the Supreme Court—enforcement orders for charging
orders and stop orders;
(c) instalment orders;
(d) powers of enforcement officers
Item 29
29 Reciprocal enforcement of foreign judgments
reciprocal enforcement of foreign judgments
Part 1.3 Criminal proceedings
Item 30
Part 1.3 Criminal proceedings
30 Practice and procedure in criminal jurisdiction
practice and procedure in the criminal jurisdiction of the Magistrates
Court and Supreme Court (including any appellate jurisdiction)
generally, including, for example, the following:
(a) forms for proceedings;
(b) beginning criminal proceedings, including indictments and
informations;
(c) appearance;
(d) arraignments;
(e) applications;
(f) pleadings;
(g) duties of lawyers and the court;
(h) pre-trial matters, including pre-trial directions and rulings;
(i) regulating hearings and trial proceedings;
(j) expert evidence;
(k) custody and inspection of exhibits;
(l) recording of proceedings and access to records;
(m) costs payable to defendants in particular circumstances;
(n) inspecting registry files;
(o) appeals, including appeals to the Supreme Court and Court of
Appeal;
(p) listing trials, sentences, applications and appeals for hearing,
and setting hearing dates;
(q) enforcement of decisions
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• director-general (see s 163)
• found guilty (of an offence)
• government solicitor
• judge
• magistrate
• Magistrates Court
• property
• public servant
• Supreme Court
• reviewable decision notice
• territory authority.
commissioner, for part 7A (Procedural provisions—proceedings
involving children or young people)—see section 68A (1).
Aboriginal or Torres Strait Islander child or young person, for
part 7A (Procedural provisions—proceedings involving children or
young people)—see section 68A (1).
Aboriginal or Torres Strait Islander person, for part 7A (Procedural
provisions—proceedings involving children or young people)—see
the Aboriginal and Torres Strait Islander Children and Young People
Commissioner Act 2022, dictionary.
advisory committee means the advisory committee established under
section 11.
assistant sheriff, for part 5 (Court security)—see section 40.
care and protection chapters, for part 7A (Procedural provisions—
proceedings involving children or young people)—see section 68A.
chief executive officer—see section 11A (1).
child, for part 7A (Procedural provisions—proceedings involving
children or young people)—see the Children and Young People
Act 2008, section 11.
corresponding law, for part 4 (Crown proceedings)—see section 20.
court, for part 5 (Court security)—see section 40.
court premises , for part 5 (Court security)—see section 40.
Crown, for part 4 (Crown proceedings)—see section 20.
daily care responsibility, for division 7A.1 (General)—see the
Children and Young People Act 2008, section 19.
deputy sheriff, for part 5 (Court security)—see section 40.
determined fee, for part 3 (Court and tribunal fees)—see section 12.
director-general, for part 7A (Procedural provisions—proceedings
involving children or young people)—see section 68A.
explosive, for part 5 (Court security)—see the Dangerous Substances
Act 2004, section 73.
fee, for part 3 (Court and tribunal fees)—see section 12.
firearm, for part 5 (Court security)—see the Firearms Act 1996,
section 6.
judge, for part 5 (Court security)—see section 40.
judgment, for part 4 (Crown proceedings)—see section 20.
long-term care responsibility, for division 7A.1 (General)—see the
Children and Young People Act 2008, section 20.
magistrate, for part 5 (Court security)—see section 40.
offensive weapon, for part 5 (Court security)—see section 40.
prescribed tribunal, for part 2 (Court rules and forms) and schedule 1
(Subject matter for rules)—see section 6.
proceeding, for part 4 (Crown proceedings)—see section 20.
relevant legislation, for part 3 (Court and tribunal fees)—see
section 12.
reviewable decision, for division 3.2 (Review of decisions—fees)—
see section 18.
rule-making committee means the rule-making committee
established under section 9.
screening search, for part 5 (Court security)—see section 40.
security officer, for part 5 (Court security)—see section 40.
sheriff, for part 5 (Court security)—see section 40.
sheriff’s officer, for part 5 (Court security)—see section 40.
Territory Crown, for part 4 (Crown proceedings)—see section 20.
the Territory, for part 4 (Crown proceedings)—see section 20.
victim, of an offence, for division 7A.1 (General)—see the Crimes
(Sentencing) Act 2005, section 47.
young person, for part 7A (Procedural provisions—proceedings
involving children or young people)—see the Children and Young
People Act 2008, section 12.
1 About the endnotes
1 About the endnotes
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 are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
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.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev…) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Court Procedures Act 2004 A2004-59
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
remainder commenced 10 January 2005 (s 2 and CN2004-29)
as amended by
Court Procedures (Consequential Amendments) Act 2004 A2004-60
sch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69
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 1.3
notified LR 24 March 2005
s 1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 25 March 2005 (s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.11
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.11 commenced 2 June 2005 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2005
(No 4) A2005-60 amdt 1.9, sch 1 pt 1.10, amdt 1.61, amdt 1.72,
amdt 1.80, amdt 1.137, amdt 1.141
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
amdt 1.9 commenced 11 January 2006 (s 2 (1) (a) and see Statute
Law Amendment Act 2005 (No 2) A2005-62, s 2 (1))
sch 1 pt 1.10, amdt 1.61, amdt 1.72, amdt 1.80, amdt 1.137,
amdt 1.141 commenced 22 December 2005 (s 2 (4))
Legal Profession Act 2006 A2006-25 sch 2 pt 2.3
notified LR 21 June 2006
s 1, s 2 commenced 21 June 2006 (LA s 75 (1))
sch 2 pt 2.3 commenced 1 July 2006 (s 2)
Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.4, amdt 1.7
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006
sch 1 pt 1.4, amdt 1.7 commenced 28 March 2007 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2006
A2006-40 sch 1 pt 1.4, sch 2 pt 2.13, amdt 2.203, amdt 2.204
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 1 pt 1.4 commenced 19 October 2006 (s 2 (3))
sch 2 pt 2.13, amdt 2.203, amdt 2.204 commenced 29 September
2006 (s 2 (1))
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.7
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.7 commenced 16 November 2006 (s 2 (1))
Court Legislation Amendment Act 2006 A2006-55 pt 3
notified LR 18 December 2006
s 1, s 2 commenced 18 December 2006 (LA s 75 (1))
pt 3 commenced 19 December 2006 (s 2)
Children and Young People Act 2008 A2008-19 sch 1 pt 1.2
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
sch 1 pt 1.2 commenced 27 February 2009 (s 2 and CN2008-17 (and
see CN2008-13))
Children and Young People (Consequential Amendments) Act 2008
A2008-20 sch 1 pt 1.2, sch 2 pt 2.5, sch 4 pt 4.5
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3, s 4 commenced 18 July 2008 (s 2 (1))
sch 1 pt 1.2, sch 4 pt 4.5 commenced 27 February 2009 (s 2 (5) and
see Children and Young People Act 2008 A2008-19, s 2 and
CN2008-17 (and see CN2008-13))
sch 2 pt 2.5 commenced 9 September 2008 (s 2 (3) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Act 2008 (No 2) A2008-22 sch 1 pt 1.2
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.2 commenced 29 July 2008 (s 2)
Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.1
notified LR 15 July 2008
s 1, s 2 commenced 15 July 2008 (LA s 75 (1))
sch 2 pt 2.1 commenced 15 January 2009 (s 2 (1) and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.15
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.15 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3
pt 3.3
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
sch 3 pt 3.3 commenced 30 March 2009 (s 2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.20
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.20 commenced 22 September 2009 (s 2)
Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.2
notified LR 3 September 2009
s 1, s 2 commenced 3 September 2009 (LA s 75 (1))
sch 1 pt 1.2 commenced 4 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009
(No 3) A2009-44 sch 1 pt 1.7
notified LR 24 November 2009
s 1, s 2 commenced 24 November 2009 (LA s 75 (1))
sch 1 pt 1.7 commenced 22 December 2009 (s 2 (3))
Crimes (Sentence Administration) Amendment Act 2010 A2010-21
sch 1 pt 1.2
notified LR 30 June 2010
s 1, s 2 commenced 30 June 2010 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2010 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.11
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.11 commenced 1 March 2011 (s 2)
Workplace Privacy Act 2011 A2011-4 s 49
notified LR 24 February 2011
s 1, s 2 commenced 24 February 2011 (LA s 75 (1))
s 49 commenced 10 March 2011 (s 2 (1))
Courts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.2
notified LR 11 May 2011
s 1, s 2 commenced 11 May 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 25 July 2011 (s 2 and CN2011-8)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.39
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.39 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.11
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 March 2012 (s 2 (1) and see Evidence Act