Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2553

Arrest warrant for defendant—issue

    (1)     The court may issue a warrant for the arrest of a defendant under this division only if satisfied that—

        (a)     the defendant has absconded or is about to abscond; and

        (b)     the absence of the defendant would materially prejudice the plaintiff in prosecuting a proceeding or enforcing any order that may be given.

    (2)     The court may issue the warrant at any time, for example, before the defendant has been served with the originating process or before judgment.

    (3)     The warrant must state—

        (a)     the name of the defendant; and

        (b)     the date the warrant ends.

    (4)     The date stated under subrule (3) (b) must be not later than 2 months after the day the warrant is issued.

    (5)     The court may fix an amount to be stated in the warrant entitling the defendant to be released.

    (6)     In fixing the amount, the court may have regard to anything it considers relevant, including the following:

        (a)     the amount (if any) of the plaintiff's claim;

        (b)     the costs of issuing the warrant;

        (c)     an estimate of the costs of executing the warrant.



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