Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 40

Setting aside originating process etc

    (1)     The court may—

        (a)     declare that a proceeding for which an originating process has been issued has not, for want of jurisdiction, been properly started; or

        (b)     declare that an originating process has not been properly served; or

        (c)     set aside an order for service of an originating process; or

        (d)     set aside an order extending the period for service of an originating process; or

        (e)     set aside an originating process; or

        (f)     set aside service of an originating process; or

        (g)     stay a proceeding; or

        (h)     amend or set aside leave under rule 6503 ( Service of originating process with leave ); or

              (i)     make an order protecting or releasing—

              (i)     property seized, or threatened with seizure, in a proceeding; or

              (ii)     property subject to an order restraining its disposal or in relation to which an order restraining its disposal is sought; or

        (j)     make an order declining to exercise jurisdiction in a proceeding; or

        (k)     make any other order it considers appropriate.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Note 2     Rule 6015 (Application in proceeding—application under r 40) provides that an application for an order under this rule must be filed within the time mentioned in r 102 (Notice of intention to respond or defence—filing and service) for filing a notice of intention to respond or, if no notice of intention to respond is filed, a defence.

Note 3     The registrar may reject an originating process that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc).

    (2)     However, the court must not—

        (a)     set aside a proceeding only because the proceeding was started by the incorrect originating process; or

        (b)     set aside an originating process only because the incorrect originating process was used.



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