Court Procedures Rules

The rules govern every proceeding in the Supreme Court and Magistrates Court of the ACT, including the Childrens Court because that body sits within the Magistrates Court (Magistrates Court Act 1930, s 287, noted in r 22). They directly bind plaintiffs, defendants, applicants, respondents, third and fourth parties, solicitors representing parties, corporations as litigants, litigation guardians, expert witnesses, and registrars. Chapter 2 is disapplied (with stated exceptions) for family and personal violence proceedings (r 3802) and workers compensation proceedings (r 3903). Chapter 2 only applies to criminal, forensic, and appellate proceedings to the extent another territory law says so (r 22(2)). Chapter 6, by contrast, applies to all proceedings (r 6000).

Civil proceedings start in one of two ways. An originating claim is required where another territory law says so or by default (r 33). An originating application must or may be used for a closed list of matters: where the only or main issue is one of law and a substantial dispute of fact is unlikely; where there is no opposing party; where time is too short to prepare a claim; or where another law authorises it (rr 34, 35). The list of provisions that mandate an originating application is long and runs through Chapter 3 specialised proceedings, including probate (rr 3005, 3020, 3069, 3080, 3092), commercial arbitration (r 3252), cross-vesting (r 3303), electoral matters (r 3353), foreign and interstate confiscation orders (rr 3454, 3463), foreign judgments registration (r 3473), habeas corpus (r 3504), judicial review (r 3556), and admission to the legal profession (r 3608).

Standing and representation rules then apply. Individuals may sue in person or by a solicitor (r 30(1)), but a relator must use a solicitor and file the relator's written authority (r 30(2), (3)). Corporations may litigate in the Supreme Court only by a solicitor unless they get the court's leave to use an officer or employee, and must apply by originating application if leave is sought before the proceeding starts (r 30(4) to (6)). In the Magistrates Court a corporation may use an officer or employee, but that person must file an affidavit identifying their position, their authority, the absence of revocation, and their awareness of personal exposure to costs, plus the authorising instrument (r 30(7), (8)). Persons under legal disability must act by a litigation guardian (r 275) and any settlement of their claim needs court approval (r 282).

Other key obligations of parties run throughout Chapter 2: filing a notice of intention to respond and defence within 14 days, with conditional notice machinery in r 111(5); pleading rules in Part 2.6; mandatory amendment procedure in Part 2.7; disclosure obligations in Part 2.8 including discovery to identify potential defendants (r 650) and rights to claim relief (r 651); offers of compromise in Part 2.10; and pre-trial directions and supervision in Parts 2.13 and 2.14. Schedule 1, the expert witness code of conduct, applies to any expert witness retained to give an expert's report or opinion evidence: an expert's paramount duty is to assist the court impartially and overrides any duty to a party (Sch 1, r 1.2), reports must contain a defined list of contents and disclosures (Sch 1, r 1.3), and supplementary reports are required when an expert changes opinion on a material matter (Sch 1, r 1.4). Experts must comply with court directions to confer with other experts and produce a joint statement of agreement and disagreement (Sch 1, rr 1.5, 1.6).

The standout power is rule 6: the court may dispense with the application of any provision of the rules in any proceeding, before or after the provision applies, on any conditions. The rules give worked examples, including dispensing with the 14-day defence period in r 111(5), dispensing with simultaneous service of supporting material in r 6009, and overriding the 25 December to 1 January exclusion when calculating time in r 6350(3). For the Supreme Court, an application under r 6 made before the proceeding starts must be by originating application (r 6(4)). The dispensing power expressly does not narrow other dispensing references in the rules (r 6(5)).

The court also has powers to set aside originating process (r 40), to extend time and renew originating process (r 74), to dismiss for inactivity (r 75) and reinstate (r 76), to make urgent orders before a proceeding starts (r 706), to grant freezing and search orders and similar protective orders under Part 2.9, to refer matters to assessors and court-appointed referees in Division 2.15.4, and to assess damages itself in Division 2.15.5. Schedule 5 sets out the jurisdiction conferred on the registrar; Part 6.5 deals with how the registrar exercises that jurisdiction.

Although the rules are themselves civil procedure rather than offence-creating, they are the primary vehicle for enforcing money orders made by either court. Part 2.18 contains a full enforcement code: enforcement orders generally (Division 2.18.2); enforcement hearings on money orders (Division 2.18.3); instalment orders (Division 2.18.4); seizure and sale orders (Division 2.18.5); debt redirection orders (Division 2.18.6); regular redirections from financial institutions (Division 2.18.7); and earnings redirection orders (Division 2.18.8, with the term "earnings redirection order" defined in the dictionary by signpost to r 2350). Part 4.1 then carries enforcement provisions for criminal proceedings (Division 4.1.3).

Part 2.17 governs costs, with the entitlement rule at r 1720 and the general rule at r 1721. Solicitors' costs are at rr 1722 to 1725, including the Magistrates Court relevant amount in r 1723 and the rule for Supreme Court judgments within Magistrates Court jurisdiction at r 1725. The scale of costs sits in Schedule 4. Schedule 3 sets cost amounts for debts, liquidated demands, and company windings-up. Where the rules speak of penalty units, the value at republication is $160 for an individual and $810 for a corporation, sourced from Legislation Act 2001, s 133.

The rules are a structured timeline. After filing, a defendant has 14 days to file a notice of intention to respond and a defence, subject to a conditional notice that becomes unconditional after 14 days unless extended (r 111(5)). Parties then move through Part 2.6 (Pleadings) and Part 2.7 (Amendment), Part 2.8 (Disclosure), and Part 2.9 (Preservation orders) into Part 2.10 (Offers of compromise) and Part 2.11 (Resolving proceedings early). Part 2.12 governs expert evidence, after which Parts 2.13 and 2.14 carry pre-trial procedures and court supervision. Trial happens under Part 2.15, judgment under Part 2.16, costs are assessed under Part 2.17, and the judgment is enforced under Part 2.18. Time is computed under Part 6.7, including r 6350(3), which excludes the period from 25 December to 1 January in working out when something must be done. Service follows Part 6.8 and subpoenas Part 6.9. Schedule 2 sets prejudgment interest. From 1 July 2010, the Supreme Court rate is 4% above the Reserve Bank of Australia cash rate, set at the start of each half year (Sch 2, Part 2.1, item 2.1). The Magistrates Court has its own table.

The rules constantly interact with other ACT and Commonwealth law. Schedule 6 imports the Corporations Rules to govern proceedings under the Corporations Act and the ASIC Act, which is also picked up in Parts 6.14 and 6.15. The Civil Law (Wrongs) Act 2002 controls how Part 3.1 wrongs proceedings interact with Part 2.4 (r 2.4.5). The Magistrates Court Act 1930 (s 287) brings the Childrens Court within these rules. Cross-vesting under Part 3.5 routes proceedings between courts. The Legislation Act 2001 supplies dictionary mechanics, instrument definitions, and the value of penalty units, and is cited throughout. Where ACT rules are picked up by Norfolk Island courts, the Court of Petty Sessions Act 1960 (NI) and the Supreme Court Act 1960 (NI) work alongside these rules.

• Rule 6 cuts both ways. Practitioners can ask the court to dispense with almost any rule, but the other side can do the same. Calendar assumptions can be overridden mid-stream.
• Chapter 2 does not apply unmodified to family violence, personal violence, or workers compensation proceedings (rr 3802, 3903), and only applies to criminal and appellate proceedings to the extent another law turns it on (r 22(2)).
• An originating process that ceases to be valid for service still counts as having started the proceeding (r 32(3)), so limitation timing turns on filing, not service.
• Corporate self-representation in the Magistrates Court depends on a strict affidavit and authorising instrument under r 30(8); failing to file these can stall the case.
• Settlements involving a person with legal disability need court approval under r 282.
• Schedule 6 is a near self-contained corporations procedure code; counsel running Corporations Act or ASIC Act proceedings need to read it as a unit.

A small business sued for an unpaid invoice in the Magistrates Court will usually be sued by originating claim under r 33. If the defendant is a corporation, an officer can run the defence after filing the r 30(8) affidavit. If the defendant ignores the case, judgment will be entered and the plaintiff will move to Part 2.18: an enforcement hearing under Division 2.18.3, then potentially a debt redirection (Division 2.18.6) or an earnings redirection order (Division 2.18.8).

A trustee seeking court directions on the construction of a will would file an originating application under rr 34 and 35(2)(d) without contradictor, supported by affidavit, and the court would deal with it under Part 3.1 (Administration and probate).

A respondent to a Magistrates Court conviction who wants to appeal must read Part 5.3 (Appeals to Supreme Court) and Division 5.3.4 procedure, while a Supreme Court judgment debtor who has been served with an enforcement hearing summons should look at Division 2.18.3 and consider whether to apply under r 6 to dispense with timing or service formalities. An expert engaged by either side has to read Schedule 1 and confirm in writing that they accept the code, knowing their paramount duty is to the court rather than the retainer.