Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 100

    (1)     Except with the court's leave, a defendant to an originating claim may take a step in a proceeding only if the defendant has filed in the court—

        (a)     a notice of intention to respond; or

        (b)     if the defendant chooses not to file a notice of intention to respond—a defence.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.

Note 2     A defendant who proposes to challenge the court's jurisdiction or to assert an irregularity must file a conditional notice of intention to respond (see r 111).

Note 3     A defendant who intends to take no active part in a proceeding must file a notice of intention to respond (see r 106).

Note 4     See

              •     approved form 2.8 (Notice of intention to respond) title="AF2021-23">AF2021-23

              •     approved form 2.9 (Defence and counterclaim) AF2015-28

    (2)     Subject to rule 106 (Defendant may submit to judgment by notice of intention to respond), if a defendant to an originating claim files an unconditional notice of intention to respond in the court, the defendant must also file a defence.

Note 1     Rule 111 (Conditional notice of intention to respond) provides that, if a defendant files a conditional notice of intention to respond, the defendant must apply for an order under r 40 (Setting aside originating process etc). If the defendant fails to apply, or the defendant applies but the application is refused, the conditional notice of intention to respond becomes an unconditional notice of intention to respond, and the defendant must file a defence.

Note 2     See div 2.11.3 (Default by defendant) for the possible consequences of not filing a notice of intention to respond or defence.

Note 3     See also r 279 (Person with legal disability—effect of no notice of intention to respond or defence).

    (3)     Except with the court's leave, a defendant to an originating application may take a step in a proceeding only if the defendant has filed in the court a notice of intention to respond.