Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 35

    (1)     A proceeding may be started by originating application if—

        (a)     the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or

        (b)     there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process; or

        (c)     there is not enough time to prepare an originating claim because of the urgent nature of the relief sought; or

        (d)     a territory law allows the proceeding to be started by originating application.

Note 1     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).

Note 2     Rule 2501 (Contempt—applications generally) allows a contempt application to be made by originating application.

    (2)     Without limiting subrule (1), a proceeding may be started by originating application if—

        (a)     the only or main issue in the proceeding is the interpretation of legislation and a substantial dispute of fact is unlikely; or

        (b)     the only or main issue in the proceeding is the interpretation of a deed, will, contract or other document and a substantial dispute of fact is unlikely; or

        (c)     the relief sought is a declaration of right and there is no opposing party to the proceeding; or

        (d)     for a question or matter in relation to the estate of a deceased person or a trust, without administration of the estate or trust—

              (i)     the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or

              (ii)     there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process.

Examples for r (2) (d)

1     a question affecting the rights or interests of someone claiming to be a creditor, domestic partner or next of kin of the deceased person or beneficiary of the trust

2     finding out any class of creditors, next of kin or others

3     producing any particular accounts by the executors, administrators or trustees, and verifying the accounts (if necessary)

4     paying into court any amount held by the executors, administrators or trustees

5     directing the executors, administrators or trustees to do or not do something as executor, administrator or trustee

6     approving any sale, purchase, compromise or other transaction

7     deciding any question arising in the administration of the estate or trust

    (3)     Also, a proceeding may be started by originating application if—

        (a)     a territory law requires or allows a person to apply to the court for an order or another kind of relief; and

        (b)     a particular kind of originating process (other than an originating claim or originating application) is required or allowed under a territory law.