Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1104

    (1)     The defendant may file a statement acknowledging—

        (a)     the amount claimed; and

        (b)     if interest is claimed—interest.

Note     See approved form 2.34 (Acknowledgement of debt or liquidated demand) AF2006-279

    (2)     Subrule (1) does not apply if the defendant has filed a defence or the plaintiff has filed an application for default judgment in accordance with these rules.

    (3)     On the filing of a statement under subrule (1), the court may enter judgment for the plaintiff for—

        (a)     the amount claimed; and

        (b)     if interest is claimed—

              (i)     interest worked out in accordance with the rate stated in the claim for relief to the date of judgment; or

              (ii)     if no rate of interest is stated in the claim for relief—interest to the date of judgment, or a lump sum instead of that interest, decided by the court; and

        (c)     if costs are claimed—

              (i)     if the plaintiff has claimed costs and disbursements not more than the prescribed costs amount (plus any filing and service fees actually paid)—the amount claimed for costs and disbursements; or

              (ii)     in any other case—costs to be agreed or assessed.

    (4)     The court may enter judgment for the plaintiff without a hearing.

    (5)     In deciding interest or a lump sum for subrule (3) (b), the court may have regard to the rate of interest applying, from time to time, under schedule 2, part 2.1 (Interest up to judgment).

    (6)     If the period for which interest is to be awarded is not stated in the claim for relief, interest is recoverable only from the date of the issue of the originating claim.

    (7)     If the proceeding is in the Supreme Court, and could properly have been brought in the Magistrates Court, the prescribed costs amount mentioned in subrule (3) (c) (i) is the prescribed costs amount for the Magistrates Court.

    (8)     Judgment entered under subrule (3) fully discharges all the plaintiff's claims in the proceeding.

    (9)     If default judgment against the defendant has been set aside under rule 1128, the defendant must not file a statement acknowledging the amount claimed without the court's leave.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.