Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1606

    (1)     If the court makes an order, it must be entered.

    (2)     If the order is expressed to be the usual order or is otherwise in shortened form, the full terms of the order must be included when the order is entered.

Examples—usual order or shortened form of orders

1     Rule 732 (Division 2.9.4 order—damages and undertaking as to damages) requires the usual undertaking as to damages to be given.

2     Rule 1622 (Interest after judgment—usual order as to interest) provides for the usual order as to interest.

    (3)     Unless the court orders otherwise, the order is taken to be entered when the earlier of the following happens:

        (a)     if the court directs that the order be entered immediately—a judicial officer or the registrar signs and seals a document that states the terms of the order and the date the order was made;

        (b)     in any case—the order is recorded in the court's case management system.

    (4)     If a judicial officer or the judicial officer's associate records the terms of an order and the date the order was made on a court file or document that is part of a court file, the writing is sufficient proof of the following until the order is entered:

        (a)     the making of the order;

        (b)     the terms of the order;

        (c)     the date the order was made.

    (5)     An order is enforceable only if it has been entered.

    (6)     A person may bring an appeal against an order that has not been entered only with the leave of the court to which the appeal would be made.