Australian Capital Territory
Court Procedures Act 2004    
A2004-59
Republication No 10
Effective:  19 October 2006 – 15 November 2006
Republication date: 19 October 2006
Last amendment made by A2006-40

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Court Procedures Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 October 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 19 October 2006.  
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 includes 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
Court Procedures Act 2004

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Objects of Act	2
Part 2	Court rules and forms
	6	Definition for pt 2 and sch 1	4
	7	Rule-making power	4
	8	Approved forms	5
	9	Rule-making committee	5
	10	Delegation by Chief Justice, President and Chief Magistrate	6
	11	Advisory committee	7
Part 3	Court and tribunal fees
	12	Definitions—pt 3	9
	13	Determination of fees	10
	14	Payment of fees	11
	15	Remission, refund, deferral, waiver and exemption of fees	12
	16	Recovery of fees in civil proceedings if fees not otherwise payable	14
	17	Recovery of fees in criminal proceedings if fees not otherwise payable	15
	18	Review of decisions	15
Part 4	Crown proceedings
Division 4.1	Preliminary
	20	Definitions—pt 4	17
Division 4.2	Proceedings by and against Crown generally
	21	Proceedings by and against the Crown generally	17
	22	Immunities and limitations of liability	18
	23	Corresponding laws of States and other Territories	18
	24	Injunctive relief	18
	25	Protection of confidentiality on grounds of public interest	18
	26	Right of Attorneys-General of other jurisdictions to appear in proceedings	19
	27	Right of Attorney-General to intervene in proceedings	19
	28	Court fees and charges	20
	29	Enforcement of judgments against Territory Crown	21
	30	Enforcement of judgments against Crown in right of a State or another Territory	22
	31	Enforcement of judgments by the Crown	22
Division 4.3	Provisions applying only to the Territory
	32	Endorsement etc of originating process	22
	33	Service generally	22
	34	Service of subpoenas etc on Ministers	23
	35	Representation if right to legal representation restricted	23
Division 4.4	Other provisions
	36	Exclusion of certain proceedings	24
	37	Regulations for pt 4	25
Part 5	Court security
	40	Definitions—pt 5	26
	41	Right of entry etc to court premises	28
	42	Powers under part additional to other powers	29
	43	Security officer to be identified before exercising powers	30
	44	Person may be required to state name etc	30
	45	Searches	31
	46	Seizure and forfeiture of firearms etc	32
	47	Security officer may require thing that may hide firearms etc to be left	32
	48	Unlawful, disorderly conduct etc	33
	49	Contravention of requirement of security officer	33
	50	Judge or magistrate may close court premises	34
	51	Security officers	35
	52	Identity cards for security officers	36
Part 6	Procedural provisions—all proceedings
	53	Application—pt 6	38
	54	No distinction between court and chambers	38
Part 7	Procedural provisions—civil proceedings
	60	Application—pt 7	39
	61	Counterclaims and third parties	39
	62	Injunctions	40
	63	Receivers	40
	64	Rules of practice and procedure—judicial discretion	40
	65	Appearance by lawyer	41
	66	Non-appearance or absence of some defendants	41
	67	Amendment of defects	41
	68	Formal defects to be amended	42
Part 8	Supreme Court—criminal proceedings
Division 8.1	Supreme Court criminal proceedings—preliminary
	75	Application—pt 8	43
Division 8.2	Trial on indictment
	76	Trial proceedings after presentation of indictment and before empanelment of jury	43
Part 9	Miscellaneous
	80	Assignment of earnings not enforceable	45
	80A	Court may inquire into truth of return of writ	46
	81	Delegation by secretary of rule-making committee	46
	82	Regulation-making power	46
Part 11	Transitional
	150	Modification of pt 11’s operation	47
	151	Expiry of pt 11	47
Part 12	Transitional—rules of court
	500	Transitional regulations	48
	501	Construction of outdated references	48
	502	Abolition of old enforcement processes	49
	503	Right to claim set-off	50
	504	Abolition of distinction between court and chambers	50
	505	Application of sch 1 amendments	51
	506	Expiry—pt 12	51
Schedule 1	Subject matter for rules	52
Part 1.1	General	52
	1	Jurisdiction	52
	2	Service of documents	52
	3	Evidence	52
	4	Certain proceedings	53
	5	Admission of lawyers	53
	6	Miscellaneous	53
Part 1.2	Civil proceedings	55
	7	Beginning proceedings	55
	8	Transfer between courts	55
	9	Parties and proceedings	55
	10	Steps in proceedings	56
	11	Pleadings	56
	12	Disclosure	56
	13	Preservation of rights and property	56
	14	Ending proceedings early	57
	15	Court supervision	57
	16	Expert evidence	57
	17	Trials and other hearings	58
	18	Judgments	58
	19	Particular proceedings	59
	20	Interest	59
	21	Administration and probate	59
	22	Adoption	60
	23	Arbitration	60
	24	Contempt of court	60
	25	Trusts	60
	26	Costs	60
	27	Appeals	61
	28	Enforcement of judgments	61
	29	Reciprocal enforcement of foreign judgments	61
Part 1.3	Criminal proceedings	62
	30	Practice and procedure in criminal jurisdiction	62
Dictionary		64
Endnotes
	1	About the endnotes	66
	2	Abbreviation key	66
	3	Legislation history	67
	4	Amendment history	68
	5	Earlier republications	83
	6	Uncommenced amendments	84

Australian Capital Territory
Court Procedures Act 2004

An Act to provide for certain matters relating to courts and tribunals, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Court Procedures Act 2004.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘fee, for part 3 (Court and tribunal fees)—see section 12.’ means that the term ‘fee’ is defined in that section for part 3.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Objects of Act
	(1)	The objects of this Act include—
	(a)	recognising the importance of court procedures in our system of justice; and
	(b)	facilitating cooperation between ACT courts in the common goals of—
	(i)	improved access to justice through the development of procedures that are, as far as practicable, the same for all ACT courts; and
	(ii)	better court procedures.
	(2)	In this section:
court includes a tribunal that is a prescribed tribunal under section 6.

Part 2	Court rules and forms
6	Definition for pt 2 and sch 1
In this part and schedule 1:
prescribed tribunal means a tribunal prescribed by regulation for this part.
7	Rule-making power
	(1)	The rule-making committee may make rules in relation to the following:
	(a)	the practice and procedure of ACT courts, prescribed tribunals and their registries;
	(b)	anything else mentioned in schedule 1 (Subject matter for rules).
Note 1	The power to make rules for a court or tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the court or tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the court or tribunal (see Legislation Act, s 45 (Power to make court rules)).
Note 2	A rule must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A rule is taken to be made by the rule-making committee if it is signed by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (d) or (e).
	(3)	This section does not limit any inherent or other power of a court, judge, magistrate or prescribed tribunal to control proceedings.
8	Approved forms
	(1)	The rule-making committee may, in writing, approve forms—
	(a)	for this Act; or
	(b)	for use in or in relation to ACT courts, prescribed tribunals and their registries.
	(2)	If the rule-making committee approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	A form is taken to be approved by the rule-making committee if it is approved by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (d) or (e).
	(4)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
9	Rule-making committee
	(1)	A rule-making committee is established.
	(2)	The rule-making committee consists of the following members:
	(a)	the Chief Justice;
Note	The Chief Justice may delegate this function to a resident judge (see s 10).
	(b)	the President of the Court of Appeal or, if the President and Chief Justice are the same person, a resident judge appointed by the Chief Justice;
Note 1	The President may delegate this function to a resident judge (see s 10).
Note 2	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
	(c)	another resident judge appointed by the Chief Justice or, if no appointment is made, the master;
	(d)	the Chief Magistrate;
Note	The Chief Magistrate may delegate this function to a magistrate (see s 10).
	(e)	another magistrate appointed by the Chief Magistrate.
	(3)	The rule-making committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way.
	(4)	The Chief Justice is the chairperson of the rule-making committee.
	(5)	However, if the Chief Justice is not personally present at a meeting of the rule-making committee, the President is to chair the meeting if personally present at the meeting.
	(6)	Also, if the Chief Justice and the President are not personally present at a meeting of the rule-making committee, the member present chosen by the committee is to chair the meeting.
	(7)	The Chief Justice must approve a public servant as secretary of the rule-making committee.
10	Delegation by Chief Justice, President and Chief Magistrate
	(1)	The Chief Justice may delegate a function under this part to a resident judge.
	(2)	The President of the Court of Appeal may delegate a function under this part to a resident judge.
	(3)	The Chief Magistrate may delegate a function under this part to a magistrate.
	(4)	However, the Chief Justice, the President or the Chief Magistrate may not delegate the function of being a member of the rule-making committee to a person who is already a member of the committee because of an appointment under section 9 (2).
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.  In particular, the delegation may have effect only in stated circumstances, eg if the appointer is away from the ACT.
11	Advisory committee
	(1)	An advisory committee is established.
	(2)	The advisory committee consists of the following members:
	(a)	a resident judge appointed by the Chief Justice;
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
	(b)	the master;
	(c)	2 magistrates appointed by the Chief Magistrate;
	(d)	the registrar of the Supreme Court;
	(e)	the registrar of the Magistrates Court;
	(f)	a person appointed by the Australian Capital Territory Bar Association to represent the association;
	(g)	a person appointed by the Law Society of the Australian Capital Territory to represent the society;
	(h)	the director of public prosecutions;
	(i)	the parliamentary counsel;
	(j)	a public servant appointed by the chief executive;
	(k)	the secretary of the rule-making committee.
	(3)	The functions of the advisory committee are to—
	(a)	initiate, consider, develop, and advise the rule-making committee on, proposals for making rules and approving forms under this Act; and
	(b)	make recommendations to the rule-making committee about the making of rules and approving of forms under this Act.
	(4)	The advisory committee must consider, and advise the rule-making committee on, proposals for making rules and approving forms under this Act that are referred to it by the rule-making committee.
	(5)	The advisory committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way.
	(6)	The resident judge mentioned in subsection (2) (a) is the chairperson of the advisory committee.
	(7)	However, if the resident judge is not present at a meeting of the advisory committee, the master is to chair the meeting if present at the meeting.
	(8)	Also, if the resident judge and the master are not present at a meeting of the advisory committee, the member present chosen by the committee is to chair the meeting.

Part 3	Court and tribunal fees
12	Definitions—pt 3
In this part:
determined fee means a fee determined under this part.
essential services consumer council means the Essential Services Consumer Council established under the Utilities Act 2000, section 169.
fee includes a charge and a tax.
relevant legislation means any of the following:
	(a)	the Administrative Appeals Tribunal Act 1989;
	(b)	the Consumer and Trader Tribunal Act 2003;
	(c)	the Consumer Credit (Administration) Act 1996;
	(d)	the Coroners Act 1997;
	(e)	this Act;
	(f)	the Discrimination Act 1991;
	(g)	the Leases (Commercial and Retail) Act 2001;
	(h)	the Magistrates Court Act 1930;
	(i)	the Residential Tenancies Act 1997;
	(j)	the Supreme Court Act 1933;
	(k)	the Utilities Act 2000, part 11;
	(l)	any other legislation prescribed by regulation for this definition.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
tribunal means any of the following:
	(a)	the administrative appeals tribunal;
	(b)	the consumer and trader tribunal;
	(c)	the credit tribunal;
	(d)	the discrimination tribunal;
	(e)	the essential services consumer council;
	(f)	the residential tenancies tribunal.
13	Determination of fees
	(1)	The Minister may, in writing, determine fees for any of the following purposes:
	(a)	proceedings in a court or tribunal, and matters incidental to the proceedings, including—
	(i)	for the Supreme Court—the admission of lawyers; and
	(ii)	the service and execution of the process of a court or tribunal; and
	(iii)	the assessment of costs;
	(b)	facilities and services provided by the court or tribunal, including the service and execution of the process of a court of the Commonwealth, a State, another Territory or a foreign country;
	(c)	the general purposes of relevant legislation.
Note 1	The Legislation Act contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3).
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).
	(2)	A determination under subsection (1) may provide for any of the following matters:
	(a)	exempting people from liability to pay determined fees, completely or partly, in all or particular circumstances;
	(b)	remitting, refunding or waiving, by a registrar of a court or tribunal, determined fees, completely or partly, in particular circumstances;
	(c)	deferring, by a registrar of a court or tribunal, liability to pay determined fees, completely or partly, in particular circumstances.
	(3)	A determination under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
14	Payment of fees
	(1)	A determined fee is payable, in advance, in accordance with the determination that determined the fee, but subject to this section.
	(2)	A determined fee is payable on notice from the registrar of the court or tribunal if it is worked out by reference to expenses actually incurred in exercising the function, or in providing the facility or service, for which the fee is payable.
15	Remission, refund, deferral, waiver and exemption of fees
	(1)	A determined fee may be remitted or refunded, or liability for its payment deferred, in accordance with the determination that determined the fee.
	(2)	A determined fee is not payable—
	(a)	if the person otherwise liable to pay the fee or charge is—
	(i)	exempt from liability to pay the fee under the determination that determined the fee; or
	(ii)	exempt from paying the fee under the Legal Aid Act 1977, section 93 (1) (Exemption from fees and taxes); or
	(iii)	legally assisted under a scheme or service provided or approved by the Attorney-General; or
	(b)	if the registrar of the court or tribunal waives payment by a person of the fee completely or partly because the registrar considers that payment of the fee would impose hardship on the person—to the extent of the waiver; or
	(c)	for lodging a document, or for the service and execution of process, in relation to a proceeding in the Supreme Court—
	(i)	in a criminal matter, including an appeal; or
	(ii)	under the Coroners Act 1997; or
	(iii)	under the Legal Profession Act 2006, chapter 4 (Complaints and discipline); or
	(iv)	under any of the following Acts:
	(A)	the Adoption Act 1993;
	(B)	the Children and Young People Act 1999; 
	(C)	the Domestic Violence and Protection Orders Act 2001;
	(D)	the Guardianship and Management of Property Act 1991; 
	(E)	the Mental Health (Treatment and Care) Act 1994; 
	(F)	the Testamentary Guardianship Act 1984;
	(v)	on appeals in relation to the following matters:
	(A)	a matter under the Children and Young People Act 1999;
	(B)	a matter under the Mental Health (Treatment and Care) Act 1994;
	(C)	a decision of the Guardianship and Management of Property Tribunal; or
	(vi)	on a matter that has been remitted to the court by the High Court under the Judiciary Act 1903 (Cwlth), section 44; or
	(vii)	in relation to which a convention to which Australia is a party provides that a fee is not to be payable; or
	(viii)	on an application to the court for an extension of the time within which a proceeding may be begun; or
	(ix)	on an application mentioned in the Juries Act 1967, section 24 (10), section 26A (2) or section 51A (3); or
	(d)	for the laying of an information in the Magistrates Court—
	(i)	by the director of public prosecutions acting in the exercise of an official function under a territory law; or
	(ii)	by a police officer acting in the exercise of an official function under a territory law; or
	(iii)	for an offence against the Magistrates Court Act 1930, section 290 (Contempt in face of court); or
	(e)	if it is not payable under another provision of this Act or another territory law.
Note	The Territory Crown is not liable to pay a determined fee in a civil proceeding (see s 28 (Court fees and charges)).
	(3)	If the administrative appeals tribunal is satisfied that a proceeding ends in a way that is favourable to an applicant for a review by the tribunal of a decision, it may order another party to the proceeding to pay the amount of the application fee to the applicant.
	(4)	This section is subject to section 16 and section 17.
16	Recovery of fees in civil proceedings if fees not otherwise payable
	(1)	This section applies in relation to a civil proceeding in the Supreme Court or the Magistrates Court, or a proceeding in a tribunal, between at least 2 parties (the first party and the second party), if—
	(a)	a filing fee, or a fee for the service and execution of process, otherwise payable by the first party is—
	(i)	not payable, completely or partly, because of the exemption of the first party under this part; or
	(ii)	remitted, refunded or waived, completely or partly, under this part; and
	(b)	judgment is given or entered, or an order is made, in favour of the first party; and
	(c)	the first party’s costs are payable by the second party.
	(2)	If this section applies, the second party must pay to the registrar of the court or tribunal the amount of the fee exempted, remitted, refunded or waived.
17	Recovery of fees in criminal proceedings if fees not otherwise payable
	(1)	This section applies in relation to a criminal proceeding in the Magistrates Court if—
	(a)	the fee (the information fee) that would otherwise be payable by the informant for the laying of the information in the proceeding is not payable, completely or partly, under this part; and
	(b)	the defendant is convicted of the offence alleged in the information and ordered to pay a fine.
	(2)	If this section applies, the defendant must pay to the registrar of the Magistrates Court, in addition to the fine—
	(a)	if payment of the fee is waived in part under this part—the amount of the fee waived; or
	(b)	in any other case—the information fee.
18	Review of decisions
	(1)	This section applies to any of the following decisions made under this part by the registrar of a court or tribunal in relation to a person (the eligible person):
	(a)	a decision refusing to remit, completely or partly, a determined fee payable by the person;
	(b)	a decision refusing to refund, completely or partly, a determined fee paid by the person;
	(c)	a decision refusing to defer, completely or partly, the person’s liability to pay a determined fee;
	(d)	a decision refusing to waive, completely or partly, payment of a determined fee by the person;
	(e)	a decision refusing to allow the person the benefit of an exemption to pay a determined fee.
	(2)	If the registrar makes a decision to which this section applies, the registrar must give written notice of the decision to the eligible person.
	(3)	The notice must tell the eligible person that the person may—
	(a)	apply to the registrar for a statement of reasons for the decision; and
	(b)	apply for review of the decision under this section.
	(4)	The eligible person may apply to the registrar for a statement of reasons for the decision within 28 days after the day when the person is given notice of the decision by the registrar.
	(5)	The eligible person may apply to the court or tribunal for review of the decision within—
	(a)	28 days after the day the person is given notice of the decision by the registrar; or
	(b)	if the person applies within the 28 days for a statement of reasons for the decision—28 days after the day when the person is given the statement of reasons.
	(6)	For the review, the court or tribunal—
	(a)	must be constituted by—
	(i)	for the Supreme Court—a judge or the master; or
	(ii)	for the Magistrates Court—a magistrate; or
	(iii)	for a tribunal—a member of the tribunal; and
	(b)	may make the orders the court or tribunal considers appropriate.
	(7)	A fee is not payable for an application under this section.

Part 4	Crown proceedings
Division 4.1	Preliminary
20	Definitions—pt 4
In this part:
corresponding law means a law of a State or another Territory that is declared by regulation to be a law that corresponds to this part.
Crown includes a Minister, instrumentality or agency of the Crown and a person prescribed by regulation.
judgment means any judgment or order of a court.
proceeding means civil proceeding.
Territory Crown means the Crown in right of the Territory.
the Territory includes a Minister, instrumentality or agency of the Territory and a person prescribed by regulation.
Division 4.2	Proceedings by and against Crown generally
21	Proceedings by and against the Crown generally
	(1)	Subject to this part and any relevant rules of court and subject to the Judiciary Act 1903 (Cwlth)—
	(a)	a proceeding may be brought by or against the Crown in the same way as a proceeding between subjects; and 
	(b)	the same procedural and substantive law applies to such a proceeding as in a proceeding between subjects.
	(2)	Subject to the regulations, a proceeding may be brought by or against the Crown—
	(a)	for the Territory Crown—under the name of the ‘Australian Capital Territory’; or
	(b)	in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.
	(3)	In this section:
proceeding, against the Crown, includes a proceeding to attach earnings or other debts owing or accruing from the Territory Crown to someone else.
22	Immunities and limitations of liability
This division does not affect any immunity from, or limitation on, liability that the Crown enjoys by statute.
23	Corresponding laws of States and other Territories
The corresponding law of each State and other Territory binds the Crown in right of the Australian Capital Territory.
24	Injunctive relief
	(1)	Injunctive relief may be granted against the Crown.
	(2)	However, subject to the Administrative Decisions (Judicial Review) Act 1989, section 17 (1), a mandatory injunction cannot be made against the Crown.
25	Protection of confidentiality on grounds of public interest
This division does not affect any rule of law under which a person may refuse to discover or produce documents, or to answer an interrogatory or other question, on the ground that to do so would be prejudicial to the public interest.
26	Right of Attorneys-General of other jurisdictions to appear in proceedings
	(1)	The Attorney-General of the Commonwealth may, on behalf of the Commonwealth, represent the Crown in right of the Commonwealth in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the Commonwealth is a party. 
	(2)	The Attorney-General of a State or another Territory may, on behalf of the State or other Territory, represent the Crown in right of the State or other Territory in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the State or other Territory is a party.
27	Right of Attorney-General to intervene in proceedings
	(1)	This section applies if any of the following are in issue in a proceeding:
	(a)	the interpretation or validity of a law of the Territory or Commonwealth;
	(b)	legislative or executive powers of the Territory or Commonwealth, or an instrumentality or agency of the Territory or Commonwealth;
	(c)	judicial powers of a court or tribunal established under the law of the Territory or Commonwealth.
	(2)	The Attorney-General may intervene in the proceeding, on behalf of the Crown, to submit argument on the issue.
	(3)	If the Attorney-General intervenes in a proceeding under this section, the Attorney-General has the same right of appeal in the proceeding as a party to the proceeding.
	(4)	If the Attorney-General intervenes in a proceeding under this section, and there are in the opinion of the court special reasons for making an order under this subsection, the court may make an order for costs against the Crown to reimburse the parties to the proceeding for costs occasioned by the intervention. 
	(5)	In this section:
Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.
Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.
28	Court fees and charges
	(1)	The Territory Crown is not required to pay any court fee or charge in any proceeding.
	(2)	Any costs to which the Territory Crown is entitled must be calculated as if the Territory Crown were liable to pay, and had in fact paid, fees and charges from which it is exempt under subsection (1).
	(3)	In this section:
carries on business does not include imposing or collecting—
	(a)	taxes; or
	(b)	levies; or
	(c)	fees for licences, permits or any other form of authority.
territory authority means a corporation established under an Act, but does not include a body declared under the Financial Management Act 1996, section 3B not to be a territory authority. 
Territory Crown does not include a territory authority so far as the authority carries on business.
29	Enforcement of judgments against Territory Crown
	(1)	A writ or similar process must not be issued out of any court to enforce a judgment against the Territory Crown.
	(2)	If—
	(a)	a final judgment is given against the Territory Crown; and
	(b)	the judgment has not been paid; and
	(c)	the judgment has not been appealed against or stayed (or, if it has, the appeal has been disallowed or discontinued or the stay has been removed); and
	(d)	at least 21 days have elapsed since the judgment was given;
the party in whose favour the judgment was given may give a copy of the judgment to the Treasurer.
	(3)	If the Treasurer receives a copy of a final judgment under subsection (2), the Treasurer must give directions about how the judgment is to be paid unless the Treasurer is satisfied that the judgment can be, or has been, paid in another way.
	(4)	A direction under this section that requires payment of public money of the Territory operates to authorise payment of the money.
	(5)	The Financial Management Act 1996, section 6 (Necessity for appropriation) does not apply to a payment made in accordance with a direction under this section.
	(6)	A direction under this section that requires payment of an amount from the funds of a territory authority or instrumentality provides sufficient authority for the payment.
	(7)	In this section:
Territory Crown—see section 28 (3).
30	Enforcement of judgments against Crown in right of a State or another Territory
	(1)	A writ or similar process must not be issued out of any ACT court to enforce a judgment against the Crown in right of a State or another Territory.
	(2)	If a final judgment is given by an ACT court against the Crown in right of a State or another Territory, the court must give a copy of the judgment to the Governor or Administrator of the State or Territory.
31	Enforcement of judgments by the Crown
Subject to this part and any relevant rules of court, a judgment recovered by the Crown may be enforced in the same way as a judgment in a proceeding between subjects, and not in any other way.
Division 4.3	Provisions applying only to the Territory
32	Endorsement etc of originating process
	(1)	If a proceeding is brought against the Territory, a statement containing the information prescribed by regulation (if any) must be endorsed on, or annexed to, the process by which the proceeding is begun.
	(2)	A failure to comply with subsection (1) does not render a proceeding void unless the court is of the opinion that the Territory has been prejudiced by that failure.
33	Service generally
	(1)	Any process or document relating to a proceeding must be served on the Territory by serving the process or document on the chief solicitor.
	(2)	However— 
	(a)	if this part makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and
	(b)	if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Territory in relation to the proceeding—the process or document must be served on that lawyer.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
34	Service of subpoenas etc on Ministers
	(1)	A subpoena or other process issued by a court, tribunal or authority requiring a Minister to appear, in the Minister’s official capacity, to give evidence, or to produce documents, must be given to the chief solicitor for service on the Minister. 
	(2)	The chief solicitor must, on receiving a subpoena or other process mentioned in subsection (1), make reasonable endeavours to serve it on the Minister and must provide proof of service to the court, tribunal or other authority. 
	(3)	The chief solicitor, if unable to serve a subpoena or other process within a reasonable time, must tell the court, tribunal or other authority of the reasons for not being able to effect service and, in that case, the court, tribunal or other authority may direct that service be effected in some other way. 
35	Representation if right to legal representation restricted
	(1)	This section applies to a proceeding if—
	(a)	the Territory or Attorney-General is a party to the proceeding; and
	(b)	an Act removes or restricts the right of a party to the proceeding to be represented by a lawyer.
	(2)	The Territory or Attorney-General may be represented by a public servant (other than a lawyer, articled clerk or person who holds legal qualifications under a territory law or the law of another place) who is authorised to conduct the proceeding on behalf of the Territory or Attorney-General.
	(3)	In the proceeding, a document apparently signed by a relevant person that appears to be an authorisation under subsection (2) must be accepted as an authorisation in the absence of evidence to the contrary.
	(4)	In this section:
relevant person means—
	(a)	a Minister; or
	(b)	a chief executive; or
	(c)	the chief executive officer of a territory agency or instrumentality.
Division 4.4	Other provisions
36	Exclusion of certain proceedings
This part does not affect—
	(a)	any proceeding for the recovery or enforcement of a fine, penalty or forfeiture (including the escheatment of a recognisance) imposed in a criminal proceeding; or
	(b)	any law, custom or procedure under which the Attorney‑General is entitled or liable to sue, or be sued, or intervene in a proceeding, on behalf of the Crown, on the relation, or on behalf of, any other person or people or in any other capacity or for any other purposes. 
37	Regulations for pt 4
A regulation may make provision in relation to—
	(a)	the details to be stated or to accompany process served on the Territory; and
	(b)	the service of process or other documents under this part.

Part 5	Court security
    
40	Definitions—pt 5
In this part:
assistant sheriff means a person who is appointed under the Supreme Court Act 1933, section 53 (Sheriff’s assistants).
court means—
	(a)	the Supreme Court; or
	(b)	the Magistrates Court; or
	(c)	the Childrens Court; or
	(d)	the Coroner’s Court; or
	(e)	the administrative appeals tribunal; or
	(f)	the consumer and trader tribunal; or
	(g)	the credit tribunal; or
	(h)	the discrimination tribunal; or
	(i)	the guardianship tribunal; or
	(j)	the mental health tribunal; or
	(k)	the residential tenancies tribunal; or
	(l)	a board of inquiry established under the Inquiries Act 1991; or
	(m)	a royal commission established under the Royal Commissions Act 1991; or
	(n)	a judicial commission established under the Judicial Commissions Act 1994; or
	(o)	a court prescribed by regulation; or
	(p)	any other tribunal or entity that is authorised to hear, receive and examine evidence and is prescribed by regulation.
court premises means the premises or place where a court is held or that is used in relation to the operations of a court, and includes—
	(a)	a forecourt, courtyard, yard or area used with court premises; and
	(b)	a part of premises or a place used as an entrance to or exit from court premises.
deputy sheriff means a person who is appointed as a deputy sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointment).
explosive—see the Dangerous Substances Act 2004, section 73.
firearm—see the Firearms Act 1996, section 4.
judge means a judge, or the master, of the Supreme Court, and includes a person prescribed by regulation for this definition.
magistrate includes a person prescribed by regulation for this definition.
offensive weapon means—
	(a)	anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or
	(b)	anything intended for that use by the person who is carrying it or otherwise has it in the person’s possession;
and includes an imitation or replica of an offensive weapon.
screening search means—
	(a)	for a search of a person—a search by equipment designed to conduct the search without touching the person; and
	(b)	for a search of a thing—a search by equipment designed to conduct the search without touching the thing or requiring it to be opened.
security officer means—
	(a)	a police officer; or
	(b)	a sheriff’s officer; or
	(c)	a person who is appointed as a security officer under section 51.
sheriff means the person appointed as the sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointment).
sheriff’s officer means the sheriff, an assistant sheriff or a deputy sheriff.
41	Right of entry etc to court premises
	(1)	A person has a right to enter and remain in an area of court premises that is open to the public if—
	(a)	the person complies with all orders made by a judge or magistrate, whether under this Act or otherwise; and
	(b)	the person complies with all the requirements made under this part by a security officer; and
	(c)	if the person wishes to enter or remain in a courtroom where a court is sitting or about to sit—there is seating for the person in the courtroom.
	(2)	This section is subject to—
	(a)	the Children and Young People Act 1999, section 61 (Proceedings not open to public); and
	(b)	the Consumer Credit (Administration) Act 1996, section 85 (2) (Hearings); and
	(c)	the Discrimination Act 1991, section 92 (2) (Procedure); and
	(d)	the following sections of the Evidence (Miscellaneous Provisions) Act 1991:
·	section 9 (Consequential orders);
·	section 39 (Evidence given in closed court);
·	section 44 (Consequential orders under div 4.3);
·	section 52 (c) (Application for leave under s 51);
·	section 61 (5) (Preliminary examination of protected confidence evidence);
·	section 63 (2) (a) (Ancillary orders for protection of person who made protected confidence); and
	(e)	the Inquiries Act 1991, section 21 (3) (Power to hold); and
	(f)	the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and
	(g)	the Mental Health (Treatment and Care) Act 1994, section 95 (Proceedings to be in private); and
	(h)	the Royal Commissions Act 1991, section 28 (3) (Power to hold); and
	(i)	the inherent jurisdiction of a court to regulate its proceedings; and
	(j)	any other law in force in the ACT about the people who may be present in a court or on court premises.
42	Powers under part additional to other powers
The powers under this part are additional to any other powers that a court, judge, magistrate, police officer, sheriff’s officer or anyone else has apart from this part.
43	Security officer to be identified before exercising powers
	(1)	A security officer who is not a police officer or sheriff’s officer may exercise a power under this part in relation to a person only if—
	(a)	the officer first identifies himself or herself as a security officer if it is practicable to do so; and
	(b)	the officer produces his or her identity card for inspection by the person if the person asks the officer to do so.
	(2)	A security officer who is a police officer or sheriff’s officer and is not in uniform may exercise a power under this part in relation to a person only if—
	(a)	the officer first identifies himself or herself as a police officer or sheriff’s officer if it is practicable to do so; and
	(b)	the officer produces evidence that he or she is a police officer or sheriff’s officer if the person asks the officer to do so.
	(3)	If a security officer fails to comply with this section in relation to a person, the person is not obliged to comply with a requirement made by the officer.
44	Person may be required to state name etc
	(1)	If a security officer believes, on reasonable grounds, that a person entering or on court premises is behaving unlawfully, is behaving in a disorderly or menacing way or is a threat to court security, the security officer may require the person to tell the officer—
	(a)	the person’s name; and
	(b)	the person’s reason for entering or being on the premises.
	(2)	A person must not, without reasonable excuse, fail to tell a security officer the person’s name, or the person’s reason for entering or being on the court premises, when required to do so under subsection (1).
Maximum penalty:  5 penalty units.
	(3)	A person must not give a name, or other information, that is false or misleading in a material particular in purported compliance with a requirement under subsection (1).
Maximum penalty:  20 penalty units.
45	Searches
	(1)	A security officer may require a person entering or on court premises to do any of the following:
	(a)	to undergo a screening search;
	(b)	to allow anything in the person’s possession to be subjected to a screening search;
	(c)	to open and empty out the person’s pockets;
	(d)	to open or empty a briefcase, bag or container (for example, a box or carton) the person is carrying or is otherwise in the person’s possession or allow the security officer to search anything the person is carrying or is otherwise in the person’s possession.
	(2)	A security officer may make a requirement under this section only if the officer believes on reasonable grounds that it is necessary to make the requirement in the interests of court security for the purpose of detecting firearms, explosives or offensive weapons.
	(3)	If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty:  50 penalty units.
	(4)	A security officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is necessary to conduct the search.
46	Seizure and forfeiture of firearms etc
A security officer may seize a firearm, explosive or offensive weapon that a person entering or on court premises is carrying or otherwise has in the person’s possession.
47	Security officer may require thing that may hide firearms etc to be left
	(1)	A security officer may require a person entering or on court premises with anything to leave the thing with the officer if the officer believes on reasonable grounds that the thing may contain a firearm, explosive or offensive weapon or be used as an offensive weapon.
	(2)	If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises.
Maximum penalty:  50 penalty units, 6 months imprisonment or both.
	(3)	If a person leaves something with a security officer under this section, the person is entitled, on request to a security officer, to the return of the thing when the person leaves the court premises.
48	Unlawful, disorderly conduct etc
	(1)	If a security officer believes on reasonable grounds that a person entering or on court premises is behaving unlawfully or in a disorderly or menacing way, the officer may require the person not to enter, or to leave, the court premises.
	(2)	However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
	(3)	For this section, a person is required to attend a court if—
	(a)	the person is a lawyer who is to appear before the court; or
	(b)	the person is a party to a proceeding being heard, or about to be heard, by the court; or
	(c)	the person is required to attend the court by a summons, subpoena or other court process or order; or
	(d)	the person is accompanying a person mentioned in paragraph (a) to (c).
	(4)	A person must not contravene a requirement under this section.
Maximum penalty:  50 penalty units, 6 months imprisonment or both.
49	Contravention of requirement of security officer
	(1)	If a person contravenes a requirement of a security officer under section 44 (Person may be required to state name etc), section 45 (Searches) or section 47 (Security officer may require thing that may hide firearms etc to be left), a security officer may require the person—
	(a)	not to enter the court premises or a part of the court premises; or
	(b)	to immediately leave the court premises or a part of the court premises.
	(2)	However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.
	(3)	For this section, a person is required to attend a court if—
	(a)	the person is a lawyer who is to appear before the court; or
	(b)	the person is a party to a proceeding being heard, or about to be heard, by the court; or
	(c)	the person is required to attend the court by a summons, subpoena or other court process or order; or
	(d)	the person is accompanying a person mentioned in paragraph (a) to (c).
	(4)	A person must not contravene a requirement under this section.
Maximum penalty:  50 penalty units.
	(5)	A security officer may prevent a person from entering court premises or a part of court premises in contravention of a requirement under this section or section 48.
	(6)	If a person on court premises contravenes a requirement under this section or section 48, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
50	Judge or magistrate may close court premises
	(1)	If a judge or magistrate considers it necessary for securing order and safety in court premises or a part of court premises, the judge or magistrate may—
	(a)	order members of the public generally, or stated members of the public, to leave the court premises or a part of the court premises; or
	(b)	order members of the public generally, or stated members of the public, not to be admitted to the court premises or a part of the court premises.
	(2)	A person must not contravene an order of a judge or magistrate under this section.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	A security officer may prevent a person from entering court premises or a part of court premises in contravention of an order under this section.
	(4)	If a person on court premises contravenes an order under this section, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.
51	Security officers
	(1)	The chief executive may appoint a person (other than a police officer or sheriff’s officer) to be a security officer.
Note 1 	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Each police officer and sheriff’s officer is a security officer (see s 40, def security officer).
	(2)	The chief executive may appoint a person as a security officer only if the chief executive is satisfied the person—
	(a)	holds a security licence; and
	(b)	has not committed an offence against this part or has not been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; and
	(c)	is capable of competently exercising the functions of a security officer under this part.
	(3)	The chief executive may end the appointment of a person as a security officer if—
	(a)	the person ceases to hold a security licence; or
	(b)	the person is not employed by a person holding a master licence under the Security Industry Act 2003; or
	(c)	the person commits an offence against this part or has been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; or
	(d)	the person is not capable of competently exercising the functions of a security officer under this part; or
	(e)	the chief executive and the person agree to the revocation.
Note	A security officer’s appointment also ends if the officer resigns (see Legislation Act, s 210).
	(4)	In this section:
security licence means a licence under the Security Industry Act 2003 that authorises the licensee to patrol, protect, watch or guard property (including cash in transit), whether or not it authorises the licensee to do anything else.
52	Identity cards for security officers
	(1)	The chief executive must issue an identity card to each security officer who is not a police officer or sheriff’s officer.
	(2)	The identity card must—
	(a)	state that the person to whom the card is issued is a security officer for this part; and
	(b)	show—
	(i)	a recent photograph of the person; and
	(ii)	the name of the person; and
	(iii)	the date of issue of the card; and
	(iv)	a date of expiry of the card; and
	(v)	anything else prescribed by regulation.
	(3)	A security officer who is not a police officer or sheriff’s officer must—
	(a)	at all times while on duty at court premises wear the officer’s identity card so it is clearly visible; and
	(b)	produce it for inspection by a person if the person asks the security officer to do so.
Maximum penalty:  1 penalty unit.
	(4)	A person appointed as a security officer who ceases to be a security officer must return the officer’s identity card to the chief executive as soon as practicable, but within 21 days after ceasing to be a security officer.
Maximum penalty:  1 penalty unit.

Part 6	Procedural provisions—all proceedings
53	Application—pt 6
This part applies to all proceedings in the Supreme Court or Magistrates Court.
54	No distinction between court and chambers
The business of a court, wherever it is conducted, is taken to be conducted in court.

Part 7	Procedural provisions—civil proceedings
60	Application—pt 7
This part (other than section 63) applies to a civil proceeding in the Supreme Court or Magistrates Court.
Note	Section 63 (Receivers) applies only to a civil proceeding in the Supreme Court.
61	Counterclaims and third parties
	(1)	In a proceeding in the court, the defendant is entitled to relief (whether at law or in equity)—
	(a)	against the plaintiff, if the relief claimed would have been granted to the defendant if the defendant had started a separate proceeding against the plaintiff; or
	(b)	against someone other than the plaintiff, if—
	(i)	the relief claimed relates to the subject matter of the proceeding; and
	(ii)	the person is served with written notice of the claim; and
	(iii)	the claim would have been granted to the defendant if the defendant had started a separate proceeding against the person.
	(2)	If a person is served with a notice mentioned in subsection (1) (b) (ii), the person is taken to be a party to the relevant proceeding with the same rights as if the defendant had started a separate proceeding against the person.
62	Injunctions
	(1)	At any stage of a proceeding, the court may grant an injunction (interlocutory or otherwise) on the conditions the court considers appropriate if the court considers it appropriate to do so.
	(2)	Without limiting subsection (1), the court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury.
	(3)	Subsection (2) applies in relation to a threatened waste or trespass to land whether or not—
	(a)	the person against whom the injunction is sought claims any title to the land; or
	(b)	that person is in possession of the land; or
	(c)	the estates claimed by both or either of the parties are legal or equitable.
63	Receivers
	(1)	This section applies only to a civil proceeding in the Supreme Court.
	(2)	At any stage of the proceeding, the court may appoint a receiver if the court considers it appropriate to do so.
	(3)	The appointment may be made on the conditions the court considers appropriate.
64	Rules of practice and procedure—judicial discretion
In a proceeding, if no provision about a matter of practice or procedure of a court is made under this Act or another territory law, the court may give the directions about practice and procedure that it considers appropriate.
65	Appearance by lawyer
A party to a proceeding in a court may appear before the court either personally or by a lawyer.
66	Non-appearance or absence of some defendants
	(1)	When there are several defendants in any cause pending in the court, if any defendant is not served with process and does not voluntarily appear, the court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the court.
	(2) 	The judgment referred to in subsection (1) in a cause does not prejudice a defendant in the cause who is not served with process and does not voluntarily submit to the jurisdiction of the court.
	(3)	If, in a suit of which the court has jurisdiction, a defendant is not a resident of, or in, Australia and does not voluntarily appear in the suit, the court may nevertheless exercise its jurisdiction after notice to the defendant, and on the conditions, prescribed under the rules.
67	Amendment of defects
	(1)	The court may at any time amend a defect or error in a proceeding in the court.
	(2)	The amendment may be made on the conditions the court considers just.
	(3)	An amendment under this section is to be made for the purpose of deciding the real questions in issue in the proceeding.
68	Formal defects to be amended
	(1)	No proceedings in the court shall be invalidated by any formal defect or by any irregularity, unless the court is of opinion that substantial injustice has been caused and that the injustice cannot be remedied by an order of the court.
	(2)	The court may make an order declaring that any proceeding is valid notwithstanding any such defect or irregularity.

Part 8	Supreme Court—criminal proceedings
Division 8.1	Supreme Court criminal proceedings—preliminary
75	Application—pt 8
This part applies to a criminal proceeding in the Supreme Court.
Division 8.2	Trial on indictment
76	Trial proceedings after presentation of indictment and before empanelment of jury
	(1)	The Supreme Court has jurisdiction in relation to the conduct of a proceeding on indictment as soon as the indictment is presented and the accused person is arraigned.
	(2)	Any orders that may be made by the Supreme Court for the purposes of the trial in the absence of the jury may be made before—
	(a)	a jury is empanelled; or
	(b)	if the accused person elects to be tried by a judge alone—the trial starts.
	(3)	If a proceeding is held for the purpose of making an order to which subsection (2) applies after the indictment is presented and before a jury is empanelled or a trial by judge alone starts—
	(a)	the proceeding is part of the trial of the accused person; and
	(b)	if the accused person is to be tried by a jury—the accused person must be arraigned again on the indictment when the jury is empanelled for the continuation of the trial.
	(4)	This section does not require a jury to be empanelled for the trial of the accused person for an offence if the accused person pleads guilty to the offence before the jury is empanelled.
	(5)	This section applies only in relation to an indictment presented after the commencement of this section.
	(6)	Subsection (5) and this subsection are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional law etc) applies.
	(7)	Subsections (5) and (6) and this subsection expire 2 years after the day this section commences.

Part 9	Miscellaneous
    
80	Assignment of earnings not enforceable
	(1)	An assignment of earnings is not enforceable.
	(2)	Subsection (1) has effect regardless of—
	(a)	the nature of the instrument effecting the assignment; or
	(b)	the nature of the transaction that gave rise to the assignment.
	(3)	In this section:
earnings means a sum payable to a person—
	(a)	by way of wages or salary, including any fee, bonus, commission, overtime pay or other emolument payable in addition to wages or salary; or
	(b)	by way of pension, including—
	(i)	an annuity in relation to past services, whether or not the services were rendered to the person paying the annuity; and
	(ii)	periodical payments in relation to compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment; and
	(iii)	periodical payments in relation to compensation for the loss of wages or salary because of illness or injury.
 U 	80A	Court may inquire into truth of return of writ
 U 	81	Delegation by secretary of rule-making committee
The secretary of the rule-making committee may delegate a function under the Legislation Act, section 61 (Notification of registrable instruments) to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
 U 	82	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 11	Transitional
    
150	Modification of pt 11’s operation
A regulation may modify the operation of this part (including in its operation in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately, dealt with in this part.
151	Expiry of pt 11
This part expires 2 years after the day it commences.

Part 12	Transitional—rules of court
500	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the making of rules under this Act or the amendments made by the Justice and Community Safety Legislation Amendment Act 2006, schedule 2.
	(2)	A regulation may modify this part (including its operation in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
501	Construction of outdated references
	(1)	In an Act, statutory instrument or document, a reference to the Supreme Court Rules 1937, the Supreme Court (Admission of Legal Practitioners) Rules 1998, the Supreme Court (Corporations) Rules 2003, the Magistrates Court Rules 1932 or the Magistrates Court (Civil Jurisdiction) Rules 2004 is, in relation to anything to which the Court Procedures Rules 2006 apply, a reference to those rules.
	(2)	In an Act, statutory instrument or document, a reference to a provision of the Supreme Court Rules 1937, the Supreme Court (Admission of Legal Practitioners) Rules 1998, the Supreme Court (Corporations) Rules 2003, the Magistrates Court Rules 1932 or the Magistrates Court (Civil Jurisdiction) Rules 2004 is, in relation to anything to which the Court Procedures Rules 2006 apply, a reference to the corresponding provision of those rules.
	(3)	In an Act, statutory instrument or document, a reference to anything that is no longer applicable because of the making of rules under this Act or the amendments made by the Justice and Community Safety Legislation Amendment Act 2006, schedule 2, and for which there is a corresponding thing under the rules or in legislation amended by that schedule, is taken to be a reference to the thing under the rules or in the legislation, if the context allows and if otherwise appropriate.
Examples
1	A ‘notice of motion’ is taken to be an ‘application’.
2	A reference to entering an appearance in relation to an originating process in a civil proceeding is taken to be a reference to filing a notice of intention to respond in the court or filing a defence (if the defendant chooses not to file a notice of intention to respond but files a defence).
3	A reference to taxation of costs is taken to be a reference to assessment of costs.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
502	Abolition of old enforcement processes
	(1)	All writs in aid of enforcement are abolished.
	(2)	For a law in force immediately before the commencement of this section that expressly or impliedly refers to a writ in aid of enforcement, the reference is taken to be a reference to the equivalent enforcement order under rules made under this Act, if the context allows.
	(3)	This section does not affect the validity of a writ in aid of enforcement issued before the commencement of this section.
	(4)	In this section:
writ in aid of enforcement includes a writ of capias ad respondendum, writ of capias ad satisfaciendum, writ of elegit, writ or warrant of execution, writ of fieri-facias, writ of ne exeat colonia or a writ subsequent to those writs as a procedure of enforcement.
	(5)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
503	Right to claim set-off
	(1)	The provisions of the Court Procedures Rules 2006 about a defendant being able to rely on set-off as a defence to all or part of a claim made by the plaintiff extend to—
	(a)	any debt arising under an agreement entered into before the commencement of those rules; and
	(b)	any other debt arising before the commencement of those rules.
	(2)	However, the court may order that the provisions mentioned in subsection (1) do not apply to a debt mentioned in subsection (1) (a) if it is satisfied that it would be in the interests of justice to make the order.
	(3)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
504	Abolition of distinction between court and chambers
	(1)	This section applies to the Supreme Court and the Magistrates Court.
	(2)	The distinction between court and chambers is abolished.
	(3)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
505	Application of sch 1 amendments
	(1)	The amendments of schedule 1 made by the Justice and Community Safety Legislation Amendment Act 2006 have effect in relation to the Court Procedures Rules 2006 SL2006-29 as if those amendments had been made, and were in force, immediately before those rules were made.
	(2)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(3)	This section expires 2 months after the day it commences.
506	Expiry—pt 12
This part expires on 1 July 2008.

Schedule 1	Subject matter for rules
(see s 7)
Part 1.1	General
    
1	Jurisdiction
	(1)	the jurisdiction of ACT courts, including civil, criminal and any appellate jurisdiction
	(2)	the jurisdiction of prescribed tribunals
	(3)	the jurisdiction of the master, registrars and deputy registrars, including review of their decisions
2	Service of documents
service of documents, including, for example, the following:
	(a)	the kinds of service, including personal service and electronic service;
	(b)	service outside the ACT or Australia;
	(c)	service of foreign legal process in the ACT
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
3	Evidence
taking evidence generally, including, for example, the following:
	(a)	the way evidence may be given;
	(b)	dispensing with the rules of evidence;
	(c)	taking evidence out of court;
	(d)	taking of evidence for future claims;
	(e)	subpoenas;
	(f)	affidavits and exchange of correspondence instead of affidavit evidence;
	(g)	obtaining evidence, including calling witnesses;
	(h)	taking evidence outside the ACT or Australia;
	(i)	taking evidence in the ACT for foreign courts and tribunals
4	Certain proceedings
	(1)	review of Magistrates Court decisions by order nisi
	(2)	cases stated and questions reserved to the Supreme Court
	(3)	cases stated and questions reserved from the Supreme Court to the Court of Appeal
5	Admission of lawyers
the admission of lawyers
6	Miscellaneous
the following matters:
	(a)	case management;
	(b)	documents filed in registries, including electronic filing;
	(c)	the receipt, issue or transmission electronically of forms and other documents and material for use in, or in relation to, proceedings;
	(d)	functions of registries generally;
	(e)	exhibits and other things held by an ACT court or prescribed tribunal for a proceeding, including, for example, disposal or destruction of unclaimed things;
	(f)	rules relating to lawyers acting for parties in proceedings; 
	(g)	rules about the reckoning of time and anything else about time;
	(h)	confidentiality for mediators, neutral evaluators and expert witnesses;
	(i)	protection from liability for mediators, neutral evaluators and expert witnesses;
	(j)	transitional arrangements

Part 1.2	Civil proceedings
7	Beginning proceedings
beginning proceedings, including, for example, the following:
	(a)	originating process, including duration, renewal and setting aside; 
	(b)	where to begin proceedings;
	(c)	preliminary discovery, including discovery to identify defendants
8	Transfer between courts
transfer of proceedings between courts, including, for the Supreme Court, cross-vesting of jurisdiction
9	Parties and proceedings
parties and proceedings, including, for example, the following:
	(a)	several causes of action and parties in civil proceedings, including reconstitution of proceedings and representative parties; 
	(b)	multiple civil proceedings; 
	(c)	interpleader proceedings; 
	(d)	proceedings by or against businesses or people with a legal disability; 
	(e)	set-off and contribution, including, for example, rights to set‑off and contribution;
	(f)	third-party procedure
10	Steps in proceedings
steps in proceedings, including, for example, the first step for a defendant in a proceeding
11	Pleadings
pleadings, including, for example, the following:
	(a)	matters in pleadings and particulars; 
	(b)	progress of pleadings; 
	(c)	particular pleadings, including statements of claim, defences and counterclaims; 
	(d)	striking out pleadings and particulars
12	Disclosure
disclosure, including, for example, the following:
	(a)	disclosure by parties, including discovery and inspection of documents and interrogatories; 
	(b)	non-party disclosure; 
	(c)	admissions; 
	(d)	disclosure of experts reports;
	(e)	disclosure of other material to which legal professional privilege may attach, including by direction or order of the court or tribunal
13	Preservation of rights and property
preservation of rights and property, including, for example, the following:
	(a)	inspection, detention and preservation of property;
	(b)	injunctions;
	(c)	for the Supreme Court—receivers and sales of land by court order
14	Ending proceedings early
ending proceedings early, including, for example, the following:
	(a)	ending proceedings because of default; 
	(b)	summary decisions; 
	(c)	discontinuance and withdrawal; 
	(d)	offers to settle and payments by defendants; 
	(e)	the referral of cases to arbitration; 
	(f)	alternative dispute resolution processes
15	Court supervision
court supervision, including, for example, the following:
	(a)	directions about conducting proceedings; 
	(b)	consequences of failing to comply with rules, directions or court orders; 
	(c)	amendments, with and without leave; 
	(d)	continuation of proceedings after delay; 
	(e)	pre-trial matters, including pre-trial directions and rulings
16	Expert evidence
expert evidence generally, including, for example, the following:
	(a)	giving immunity from action to experts in relation to reports tendered in evidence;
	(b)	matters relating to court experts, including—
	(i)	how the court is to choose an expert; and
	(ii)	how experts may give evidence and be questioned;
	(c)	defining the duty of expert witnesses in relation to the court and the parties;
	(d)	prescribing the basis of, and conditions for, admissibility of expert evidence
17	Trials and other hearings
trials and other hearings, including, for example, the following:
	(a)	practice lists;
	(b)	list applications for hearing and setting trial dates;
	(c)	conduct of trials; 
	(d)	decisions without pleadings or without hearings; 
	(e)	separate decisions on questions; 
	(f)	assessors and special referees; 
	(g)	making findings of liability independently of awarding damages;
	(h)	assessment and awarding of damages, including, for example—
	(i)	structured settlements, that is, payment of awards of damages otherwise than in lump sum form; and
	(ii)	awarding damages independently of making findings of liability;
	(i)	simplifies procedures for certain claims
18	Judgments
judgments, including, for example, the following:
	(a)	effect of judgments; 
	(b)	setting aside judgments
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
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
	(1)	for the Supreme Court, contempt of court, including, for example, the following:
	(a)	contempt of the court as constituted other than by a judge;
	(b)	proceedings for failure to comply with orders, other than orders to pay an amount;
	(c)	contempt of the Magistrates Court
	(2)	for the Magistrates Court, the power to refer contempt of court to the Supreme Court
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)	assessment of costs
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
29	Reciprocal enforcement of foreign judgments
reciprocal enforcement of foreign judgments

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

Dictionary
(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:
·	administrative appeals tribunal
·	chief executive (see s 163)
·	consumer and trader tribunal
·	credit tribunal
·	discrimination tribunal
·	government solicitor
·	Magistrates Court
·	property
·	public servant
·	residential tenancies tribunal
·	Supreme Court
·	territory authority.
advisory committee means the advisory committee established under section 11.
assistant sheriff, for part 5 (Court security)—see section 40.
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.
deputy sheriff, for part 5 (Court security)—see section 40.
determined fee, for part 3 (Court and tribunal fees)—see section 12.
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 4.
judge, for part 5 (Court security)—see section 40.
judgment, for part 4 (Crown proceedings)—see section 20.
magistrate, for part 5 (Court security)—see section 40.
master means the Master of the Supreme Court.
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.
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.
tribunal, for part 3 (Court and tribunal fees)—see section 12.

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 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.
2	Abbreviation key

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	
3	Legislation history
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 awaiting commencement (s 2)
Note	default commencement under LA s 79: 28 March 2007
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))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Rule-making power
s 7	am A2005-20 amdt 3.96
Determination of fees
s 13	am A2006-40 amdt 2.88, amdt 2.89
Remission, refund, deferral, waiver and exemption of fees
s 15	am A2005-13 amdt 1.21; A2006-25 amdt 2.4
Proceedings by and against the Crown generally
s 21	reloc from Crown Proceedings Act 1992 s 5 by A2004-60 amdt 1.118
	am A2005-20 amdt 3.97, amdt 3.98
Immunities and limitations of liability
s 22	reloc from Crown Proceedings Act 1992 s 6 by A2004-60 amdt 1.118
Corresponding laws of States and other Territories
s 23	reloc from Crown Proceedings Act 1992 s 7 by A2004-60 amdt 1.118
Injunctive relief
s 24	reloc from Crown Proceedings Act 1992 s 8 by A2004-60 amdt 1.118
Protection of confidentiality on grounds of public interest
s 25	reloc from Crown Proceedings Act 1992 s 9 by A2004-60 amdt 1.118
Right of Attorneys-General of other jurisdictions to appear in proceedings
s 26	reloc from Crown Proceedings Act 1992 s 10 by A2004-60 amdt 1.118
	am A2005-20 amdt 3.99
Right of Attorney-General to intervene in proceedings
s 27	reloc from Crown Proceedings Act 1992 s 11 by A2004-60 amdt 1.118
	am A2005-20 amdt 3.100; ss renum R4 LA (see A2005-20 amdt 3.101)
Court fees and charges
s 28	reloc from Crown Proceedings Act 1992 s 12 by A2004-60 amdt 1.118
Enforcement of judgments against Territory Crown
s 29	reloc from Crown Proceedings Act 1992 s 13 by A2004-60 amdt 1.118
Enforcement of judgments against Crown in right of a State or another Territory
s 30	reloc from Crown Proceedings Act 1992 s 13A by A2004-60 amdt 1.118
Enforcement of judgments by the Crown
s 31	reloc from Crown Proceedings Act 1992 s 14 by A2004-60 amdt 1.118
Endorsement etc of originating process
s 32	reloc from Crown Proceedings Act 1992 s 15 by A2004-60 amdt 1.121
Service generally
s 33	reloc from Crown Proceedings Act 1992 s 16 by A2004-60 amdt 1.125
Service of subpoenas etc on Ministers
s 34	reloc from Crown Proceedings Act 1992 s 17 by A2004-60 amdt 1.128
Representation if right to legal representation restricted
s 35	reloc from Crown Proceedings Act 1992 s 19 by A2004-60 amdt 1.133
Exclusion of certain proceedings
s 36	reloc from Crown Proceedings Act 1992 s 20 by A2004-60 amdt 1.136
Regulations for pt 4
s 37	reloc from Crown Proceedings Act 1992 s 21 by A2004-60 amdt 1.136
Definitions—pt 5
s 40	def assistant sheriff reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def court  reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	am A2005-20 amdt 3.102, amdt 3.103
	def court premises reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def deputy sheriff reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def explosive reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def firearm reloc from Court Security Act 2001 dict by 
A2004-60 amdt 1.102
	def judge  reloc from Court Security Act 2001 dict by 
A2004-60 amdt 1.102
	def magistrate reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def offensive weapon reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def screening search reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def security officer reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
	def sheriff reloc from Court Security Act 2001 dict by 
A2004-60 amdt 1.102
	def sheriff’s officer reloc from Court Security Act 2001 dict by A2004-60 amdt 1.102
Right of entry etc to court premises
s 41	reloc from Court Security Act 2001 s 5 by A2004-60 amdt 1.99
Powers under Act additional to other powers
s 42	reloc from Court Security Act 2001 s 6 by A2004-60 amdt 1.99
Security officer to be identified before exercising powers
s 43	reloc from Court Security Act 2001 s 7 by A2004-60 amdt 1.99
Person may be required to state name etc
s 44	reloc from Court Security Act 2001 s 8 by A2004-60 amdt 1.99
Searches
s 45	reloc from Court Security Act 2001 s 9 by A2004-60 amdt 1.99
Seizure and forfeiture of firearms etc
s 46	reloc from Court Security Act 2001 s 10 by A2004-60 amdt 1.99
Security officer may require thing that may hide firearms etc to be left
s 47	reloc from Court Security Act 2001 s 11 by A2004-60 amdt 1.99
Unlawful, disorderly conduct etc
s 48	reloc from Court Security Act 2001 s 12 by A2004-60 amdt 1.99
Contravention of requirement of security officer
s 49	reloc from Court Security Act 2001 s 13 by A2004-60 amdt 1.99
Judge or magistrate may close court premises
s 50	reloc from Court Security Act 2001 s 15 by A2004-60 amdt 1.99
Security officers
s 51	reloc from Court Security Act 2001 s 16 by A2004-60 amdt 1.99
Identity cards for security officers
s 52	reloc from Court Security Act 2001 s 17 by A2004-60 amdt 1.99
Procedural provisions—all proceedings
pt 6 hdg	orig pt 6 hdg
	renum as pt 9 hdg
	prev pt 6 hdg
	ins A2005-60 amdt 1.35
	reloc to Evidence (Miscellaneous Provisions) Act 1991 pt 6 by A2006-40 amdt 2.90
	pres pt 6 hdg
	ins A2006-40 amdt 2.91
Application—pt 6
s 53	orig s 53
	renum as s 80
	prev s 53
	reloc from Evidence Act 1971 s 82 by A2005-60 amdt 1.61
	reloc to Evidence (Miscellaneous Provisions) Act 1991 s 90 by A2006-40 amdt 2.90
	pres s 53
	ins A2006-40 amdt 2.91
Delegation by secretary of rule-making committee
s 53A	renum as s 81
Prohibition of publication of evidence etc
s 54	orig s 54
	renum as s 82
	prev s 54
	reloc from Evidence Act 1971 s 83 by A2005-60 amdt 1.61
	reloc to Evidence (Miscellaneous Provisions) Act 1991 s 91 by A2006-40 amdt 2.90
	pres s 54
	ins A2006-40 amdt 2.91
Noncompliance with s 54 order
s 55	reloc from Evidence Act 1971 s 84 by A2005-60 amdt 1.61
	reloc to Evidence (Miscellaneous Provisions) Act 1991 s 92 by A2006-40 amdt 2.90
Procedural provisions—civil proceedings
pt 7 hdg	orig pt 7 hdg renum as pt 10 hdg
	ins A2005-60 amdt 1.35
	sub A2006-40 amdt 2.91
General
div 7.1 hdg	renum as div 10.1 hdg
Application—pt 7
s 56	reloc from Evidence Act 1971 s 85A by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Definitions—pt 7
s 57	reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
	def examination reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
	def inferior court reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
	def judicial authority reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Supreme Court proceedings
s 58	reloc from Evidence Act 1971 s 85C by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Inferior court proceedings
s 59	reloc from Evidence Act 1971 s 85D by A2005-60 amdt 1.72
	om A2006-40 amdt 2.91
Application—pt 7
s 60	orig s 60 renum as s 100
	reloc from Evidence Act 1971 s 85E by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Counterclaims and third parties
s 61	orig s 61 renum as s 101
	reloc from Evidence Act 1971 s 85F by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Arrest on mesne process
div 7.2 hdg	renum as div 10.2 hdg
Injunctions
s 62	orig s 62 renum as s 102
	reloc from Evidence Act 1971 s 85G by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Receivers
s 63	orig s 63 renum as s 103
	reloc from Evidence Act 1971 s 85H by A2005-60 amdt 1.72
	sub A2006-40 amdt 2.91
Attachment of earnings
div 7.3 hdg	renum as div 10.3 hdg
Stay of proceedings
div 7.4 hdg	renum as div 10.4 hdg
Set-off of debts
div 7.5 hdg	renum as div 10.5 hdg
Judgment creditors remedies
div 7.6 hdg	renum as div 10.6 hdg
Rules of practice and procedure—judicial discretion
s 64	orig s 64 renum as s 104
	reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	sub A2006-40 amdt 2.91
	def request reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	def requesting court reloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
Appearance by lawyer
s 65	orig s 65 renum as s 105
	reloc from Evidence Act 1971 s 85K by A2005-60 amdt 1.80
	sub A2006-40 amdt 2.91
Non-appearance or absence of some defendants
s 66	orig s 66 renum as s 106
	reloc from Evidence Act 1971 s 85L by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	reloc from Supreme Court Act 1933 s 58 by A2006-40 amdt 2.203
Amendment of defects
s 67	orig s 67 renum as s 107
	reloc from Evidence Act 1971 s 85M by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	reloc from Supreme Court Act 1933 s 59 by A2006-40 amdt 2.204
Formal defects to be amended
s 68	orig s 68 renum as s 108
	reloc from Evidence Act 1971 s 85N by A2005-60 amdt 1.80
	om A2006-40 amdt 2.91
	reloc from Supreme Court Act 1933 s 60 by A2006-40 amdt 2.204
Subsequent proceedings subject to rules of court
s 69	renum as s 109
Application for order nisi for discharge
s 70	renum as s 110
Proceedings on order nisi
s 71	renum as s 111
Appeal
s 72	renum as s 112
Discharge on bankruptcy
s 73	renum as s 113
Expiry of div 7.2
s 74	renum as s 114
Supreme Court—criminal proceedings
pt 8 hdg	orig pt 8 hdg renum as pt 11 hdg
	ins A2005-60 amdt 1.35
	om A2006-40 amdt 2.91
	ins A2006-40 amdt 1.10
Supreme Court criminal proceedings—preliminary
div 8.1 hdg	ins A2006-40 amdt 1.10
Application—pt 8
s 75	ins A2006-40 amdt 1.10
Trial on indictment
div 8.2 hdg	ins A2006-40 amdt 1.10
Trial proceedings after presentation of indictment and before empanelment of jury
s 76	orig s 76 renum as s 115
	ins A2006-40 amdt 1.10
	(5)-(7) exp 19 October 2008 (s 76 (7) (LA s 88 declaration applies))
Limitation on attachment of wages
s 77	renum as s 116
Expiry of div 7.3
s 78	renum as s 117
Miscellaneous
pt 9 hdg	(prev pt 6 hdg) renum A2005-60 amdt 1.36
Assignment of earnings not enforceable
s 80	orig s 80 renum as s 118
	(prev s 53) def earnings reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.146
	renum A2005-60 amdt 1.37
Court may inquire into truth of return of writ
s 80A	reloc from Law Reform (Miscellaneous Provisions) Act 1955 s 62 A2006-38 amdt 1.7
	am A2006 38 amdt 1.4
Delegation by secretary of rule-making committee
s 81	orig s 81 renum as s 119
	(prev s 53A) ins A2005-20 amdt 3.104
	renum as s 81 A2005-60 amdt 1.37
	am A2006 38 amdt 1.4
Regulation-making power
s 82	orig s 82 renum as s 120
	(prev s 54) renum as s 82 A2005-60 amdt 1.37
	am A2006 38 amdt 1.4
Expiry of div 7.4
s 83	renum as s 121
Mutual debts to be set one against the other
s 84	renum as s 122
Exception
s 85	renum as s 123
Expiry of div 10.5
s 86	renum as s 124
Limitation of arrest under ca. sa.
s 87	renum as s 125
Fraudulent concealment or intended departure
s 88	renum as s 126
Exception for certain actions
s 89	renum as s 127
Ca. sa. to fix bail
s 90	renum as s 128
Liability for escape
s 91	renum as s 129
Discharge of judgment debtor on authority of lawyer
s 92	renum as s 130
Ca. sa. may be executed on Sunday
s 93	renum as s 131
Expiry of div 10.6
s 94	renum as s 132
Temporary provisions
pt 10 hdg	(prev pt 7 hdg) renum A2005-60 amdt 1.38
	om R8 LA
General
div 10.1 hdg	(prev div 7.1 hdg) renum A2005-60 amdt 1.39
	om R8 LA
Expiry of existing rules
s 100	orig s 100 exp 10 January 2005 (s 100 (5))
	(prev s 60) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 100 (3))
References to Magistrates Court (Civil Jurisdiction) Act etc
s 101	orig s 101 exp 10 January 2005 (s 101 (5)) 
	(prev s 61) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 101 (8))
Arrest on mesne process
div 10.2 hdg	(prev div 7.2 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 114)
Meaning of capias for div 10.2
s 102	orig s 102 exp 10 January 2005 (s 102 (3)) 
	(prev s 62) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
No arrest on mesne process except under div 10.2
s 103	orig s 103 exp 10 January 2005 (s 103 (4)) 
	(prev s 63) reloc from Arrest on Mesne Process Act 1902 s 4 by A2004-60 amdt 1.12
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Order to hold to bail
s 104	orig s 104 renum as s 150
	(prev s 64) reloc from Arrest on Mesne Process Act 1902 s 5 by A2004-60 amdt 1.12
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Issue of writ of capias
s 105	orig s 105 renum as s 151
	(prev s 65) reloc from Arrest on Mesne Process Act 1902 s 6 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Execution of writ
s 106	(prev s 66) reloc from Arrest on Mesne Process Act 1902 s 7 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Order and arrest to be during pendency of action
s 107	(prev s 67) reloc from Arrest on Mesne Process Act 1902 s 8 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Defendant to remain in custody until bail bond given or deposit made
s 108	(prev s 68) reloc from Arrest on Mesne Process Act 1902 s 9 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Subsequent proceedings subject to rules of court
s 109	(prev s 69) reloc from Arrest on Mesne Process Act 1902 s 10 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Application for order nisi for discharge
s 110	(prev s 70) reloc from Arrest on Mesne Process Act 1902 s 11 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Proceedings on order nisi
s 111	(prev s 71) reloc from Arrest on Mesne Process Act 1902 s 12 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Appeal
s 112	(prev s 72) reloc from Arrest on Mesne Process Act 1902 s 13 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Discharge on bankruptcy
s 113	(prev s 73) reloc from Arrest on Mesne Process Act 1902 s 14 by A2004-60 amdt 1.15
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Expiry—div 10.2
s 114	(prev s 74) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 114)
Attachment of earnings
div 10.3 hdg	(prev div 7.3 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 117)
Definitions—div 10.3
s 115	(prev s 76) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 117)
	def court reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
	def dependant reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
	def judgment debtor reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
	def Metal Trades Award reloc from Earnings (Assignment and Attachment) Act 1966 s 4 by A2004-60 amdt 1.147
Limitation on attachment of wages
s 116	(prev s 77) reloc from Earnings (Assignment and Attachment) Act 1966 s 5 by A2004-60 amdt 1.148
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 117)
Expiry of div 10.3
s 117	(prev s 78) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 117)
Stay of proceedings
div 10.4 hdg	(prev div 7.4 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 121)
Stay of proceedings
s 118	(prev s 80) reloc from Judiciary (Stay of Proceedings) Act 1933 s 3 by A2004-60 amdt 1.161
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Stay of execution 
s 119	(prev s 81) reloc from Judiciary (Stay of Proceedings) Act 1933 s 4 by A2004-60 amdt 1.161
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Rescission or variation of previous direction or order
s 120	(prev s 82) reloc from Judiciary (Stay of Proceedings) Act 1933 s 5 by A2004-60 amdt 1.161
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Expiry of div 10.4
s 121	(prev s 83) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 121)
Set-off of debts
div 10.5 hdg	(prev div 7.5 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 124)
Mutual debts to be set one against the other
s 122	(prev s 84) reloc from Set-off of Debts Act 1735 s 13 by A2004-60 amdt 1.631
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 124)
Exception
s 123	(prev s 85) reloc from Set-off of Debts Act 1735 s 5 by 
A2004-60 amdt 1.633
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 124)
Expiry of div 10.5
s 124	(prev s 86) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 124)
Judgment creditors remedies
div 10.6 hdg	(prev div 7.6 hdg) renum A2005-60 amdt 1.39
	exp 1 July 2006 (s 132)
Limitation of arrest under ca. sa.
s 125	(prev s 87) reloc from Judgment Creditors Remedies Act 1901 s 19 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Fraudulent concealment or intended departure
s 126	(prev s 88) reloc from Judgment Creditors Remedies Act 1901 s 20 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Exception for certain actions
s 127	(prev s 89) reloc from Judgment Creditors Remedies Act 1901 s 21 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Ca. sa. to fix bail
s 128	(prev s 90) reloc from Judgment Creditors Remedies Act 1901 s 22 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Liability for escape
s 129	(prev s 91) reloc from Judgment Creditors Remedies Act 1901 s 23 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Discharge of judgment debtor on authority of lawyer
s 130	(prev s 92) reloc from Judgment Creditors Remedies Act 1901 s 24 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Ca. sa. may be executed on Sunday
s 131	(prev s 93) reloc from Judgment Creditors Remedies Act 1901 s 26 by A2004-60 amdt 1.159
	renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Expiry of div 10.6
s 132	(prev s 94) renum A2005-60 amdt 1.40
	exp 1 July 2006 (s 132)
Supreme Court
div 10.7 hdg	ins A2005-60 amdt 1.41
	exp 1 July 2006 (s 139)
Exercise of jurisdiction by registrar
s 133	ins A2005-60 amdt 1.42
	exp 1 July 2006 (s 139)
Costs
s 134	reloc from Supreme Court Act 1933 s 23 by A2005-60 amdt 1.137
	exp 1 July 2006 (s 139)
Date of process
s 135	reloc from Supreme Court Act 1933 s 66 by A2005-60 amdt 1.141
	exp 1 July 2006 (s 139)
Expiry of div 10.7
s 139	ins A2005-60 amdt 1.43
	exp 1 July 2006 (s 139)
Business names—starting legal proceedings
div 10.8 hdg	ins A2005-60 amdt 1.44
	exp 1 July 2006 (s 141)
Effect of certain contraventions of Business Names Act on legal proceedings
s 140	reloc from Business Names Act 1963 s 27 by A2005-60 amdt 1.9
	exp 1 July 2006 (s 141)
Expiry of div 10.8
s 141	ins A2005-60 amdt 1.45
	exp 1 July 2006 (s 141)
Transitional
pt 11 hdg	(prev pt 8 hdg) renum A2005-60 amdt 1.46
	exp 10 January 2007 (s 151)
Modification of pt 11’s operation
s 150	(prev s 104) renum A2005-60 amdt 1.47
	exp 10 January 2007 (s 151)
Expiry of pt 11
s 151	(prev s 105) renum A2005-60 amdt 1.48
	exp 10 January 2007 (s 151)
Transitional—rules of court
pt 12 hdg	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506)
Transitional regulations
s 500	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506)
Construction of outdated references
s 501	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Abolition of old enforcement processes
s 502	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Right to claim set-off
s 503	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Abolition of distinction between court and chambers
s 504	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506 (LA s 88 declaration applies))
Application of sch 1 amendments
s 505	ins A2006-40 amdt 2.92
	exp 29 November 2006 (s 505 (3) (LA s 88 declaration applies))
Expiry—pt 12
s 506	ins A2006-40 amdt 2.92
	exp 1 July 2008 (s 506)
Miscellaneous
sch 1 item 6	am A2006-40 amdt 2.93
Parties and proceedings
sch 1 item 9	am A2006-40 amdt 2.94
Steps in proceedings
sch 1 item 10	sub A2006-40 amdt 2.95
Disclosure
sch 1 item 12	am A2006-40 amdt 2.96
Preservation of rights and property
sch 1 item 13	sub A2006-40 amdt 2.97
Trials and other hearings
sch 1 item 17	am A2006-40 amdt 2.98
Particular proceedings
sch 1 item 19	am A2006-40 amdt 2.99
Contempt of court
sch 1 item 24	am A2006-40 amdts 2.100-2.102
Costs
sch 1 item 26	am A2006-40 amdt 2.103
New Magistrates Court (Civil Jurisdiction) Rules 2004
sch 2	om LA s 89 (3)
Dictionary
dict	am A2005-60 amdt 1.49
	def examination ins A2005-60 amdt 1.50
	om R10 LA
	def inferior court ins A2005-60 amdt 1.50
	om R10 LA
	def judicial authority ins A2005-60 amdt 1.50
	om R10 LA
	def request ins A2005-60 amdt 1.50
	om R10 LA
	def requesting court ins A2005-60 amdt 1.50
	om R10 LA
5	Earlier republications
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	10 Jan 2005–
10 Jan 2005	A2004-60	new Act and amendments by A2004-60	
R2*
11 Jan 2005	11 Jan 2005–
24 Mar 2005	A2004-60	commenced expiry	
R3
25 Mar 2005	25 Mar 2005–
1 June 2005	A2005-13	amendments by A2005-13	
R4
2 June 2005	2 June 2005–
21 Dec 2005	A2005-20	amendments by A2005-20	
R5
22 Dec 2005	22 Dec 2005–
10 Jan 2006	A2005-60	amendments by A2005-60	
R6
11 Jan 2006	11 Jan 2006–
30 June 2006	A2005-60	amendments by A2005-60	
R7
1 July 2006	1 July 2006–
1 July 2006	A2006-25	amendments by A2006-25	
R8
2 July 2006	2 July 2006–
28 Sept 2006	A2006-25	commenced expiry	
R9
29 Sept 2006	29 Sept 2006–
18 Oct 2006	A2006-40	amendments by A2006-40	
6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.4, amdt 1.7
Part 1.4	Court Procedures Act 2004
[1.4]	Sections 80A to 82
renumber as sections 81 to 83
[1.7]	Section 62
relocate to Court Procedures Act 2004 as section 80A

©  Australian Capital Territory 2006