Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.
1 LOCAL COURT (GENERAL) RULES 2016
NORTHERN TERRITORY OF AUSTRALIA
LOCAL COURT (GENERAL) RULES 2016
As in force at 23 December 2016
Table of provisions
1 Citation ............................................................................................ 1
2 Delegation of powers to registrars – civil jurisdiction ....................... 1
3 Application to be considered by Court constituted by Judge if
more appropriate ............................................................................. 1
4 Service of summons or notice by bailiff ........................................... 1
5 Execution of warrant ........................................................................ 2
6 Payment of money to registrar......................................................... 3
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 23 December 2016
LOCAL COURT (GENERAL) RULES 2016
Rules under the Local Court Act 2015
1 Citation
These Rules may be cited as the Local Court (General)
Rules 2016.
2 Delegation of powers to registrars – civil jurisdiction
(1) For section 74 of the Act, all of the powers of the Court in the
exercise of its civil jurisdiction are delegated to the registrars
except:
(a) the powers excluded by subrule (2); and
(ab) the powers mentioned in section 74(2) and (4) of the Act; and
(b) powers that another Act requires to be exercised by the Court
constituted by a Judge or one or more JPs.
(2) The power to make an order under any of the following provisions
of the Local Court (Civil Jurisdiction) Rules 1998 is excluded:
(a) Parts 2, 26, 27, 28, 29, 31, 36, 37, 51, 52 and 53;
(b) rule 47.07(e).
3 Application to be considered by Court constituted by Judge if
more appropriate
If an application is made for the exercise of power by a registrar,
and the registrar considers it proper for the application to be
determined by the Court constituted by a Judge, the Registrar must
adjourn the proceedings to be considered by the Court constituted
by a Judge.
4 Service of summons or notice by bailiff
(1) A bailiff must serve a summons or notice as soon as practicable
after receiving it from the Court.
Local Court (General) Rules 2016 2
(2) After serving a summons or notice, the bailiff must:
(a) immediately endorse on the duplicate the time and date of
service; and
(b) as soon as practicable make an affidavit of service and lodge
the affidavit with the Court's Civil Registry.
(3) If the bailiff receives more than one summons or notice directed to
one person, the bailiff must serve them in the order in which the
bailiff received them.
(4) If the bailiff does not serve a summons or notice within 7 days after
receiving it, the bailiff must, as soon as practicable, report the
non-service and the reasons for it to a registrar.
5 Execution of warrant
(1) A bailiff must execute a warrant not later than 14 days after
receiving it from the Court, or sooner if required by the Court.
(2) As soon as practicable after execution of the warrant, the bailiff
must endorse on the warrant:
(a) the time, date and manner of execution; and
(b) for a warrant of execution – each amount of money received
and disbursed or retained on account of the warrant.
(3) If a bailiff receives more than one warrant of execution issued
against one person, the bailiff must execute them in the order in
which they were received.
(4) If a bailiff does not execute a warrant within the time mention in
subrule (1), the bailiff must, as soon as practicable, report the
non-execution and the reasons for it to a registrar.
(5) In this rule:
warrant means a warrant of execution or warrant for the arrest of a
person.
warrant of execution means one of the following:
(a) a warrant of seizure and sale;
(b) a warrant of possession;
(c) a warrant of delivery.