Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 400

Application—pt 2.6

    (1)     This part applies to—

        (a)     a proceeding started by originating claim or third-party notice; and

        (b)     a counterclaim made in a proceeding started by originating claim or third-party notice.

Note 1     A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39).

Note 2     Third-party notice includes a fourth-party notice, fifth-party notice etc (see r 322 (2) (c)).

    (2)     However, despite rule 39 (3) (Proceeding incorrectly started by originating application), this part applies to a proceeding started by an originating application only if the court orders the plaintiff to file and serve a statement of claim.



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