Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 38

    (1)     This rule applies if the court considers that a proceeding started by originating claim should have been started by originating application or may more conveniently continue as if started by originating application.

    (2)     The court may—

        (a)     order that the proceeding continue as if started by originating application; and

        (b)     give the directions it considers appropriate for the conduct of the proceeding; and

Note     See r 1401 (Directions generally).

        (c)     make any other order it considers appropriate.

Example

the court may order that the content of any pleadings filed in the proceeding be put before the court as affidavits

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order or direction under this rule.

    (3)     If the court makes an order under subrule (2) (a)—

        (a)     the originating claim is taken to be an originating application; and

        (b)     the proceeding is taken to be a proceeding started by originating application.