Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COURT PROCEDURES RULES 2006 - REG 1431

Transfer of proceeding from Supreme Court to Magistrates Court—procedure

    (1)     This rule applies if the Supreme Court orders under rule 1430 that a proceeding be transferred to the Magistrates Court.

    (2)     A party to the proceeding may file in the Magistrates Court a copy of—

        (a)     the order; and

        (b)     each of the pleadings in the proceeding; and

        (c)     any other relevant documents filed in the Supreme Court.

    (3)     When the documents mentioned in subrule (2) are filed, the proceeding

        (a)     stops being a proceeding in the Supreme Court; and

        (b)     becomes a proceeding in the Magistrates Court.

    (4)     The proceeding is taken to have been started in the Magistrates Court on the day the proceeding was started in the Supreme Court.

    (5)     Costs in the proceeding are to be allowed—

        (a)     for costs incurred before the order under rule 1430 is made (including the costs of getting the order) and the costs of getting the copies mentioned in subrule (2)—

              (i)     if the Court makes an order in relation to the costs—in accordance with the order; or

              (ii)     in any other case—at the prescribed scale of costs; and

        (b)     for costs incurred after the order is made (not including the costs of getting the copies mentioned in subrule (2))—in accordance with rule 1722 (Costs—solicitors' costs generally) as if the proceeding were a proceeding in the Magistrates Court immediately after the order is made.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback