Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 4753

    (1)     This rule applies to an application under any of the following rules:

              •     rule 4750 (Supreme Court criminal proceedings—application to set aside or stay proceeding)

              •     rule 4751 (Supreme Court criminal proceedings—application for separate trials)

              •     rule 4752 (Supreme Court criminal proceedings—other pre-trial applications).

    (2)     The application must—

        (a)     state the party making the application; and

        (b)     state briefly the order (or orders) sought; and

        (c)     state briefly particulars of the grounds relied on that are sufficient for any other party to decide whether to call evidence to resolve the issues raised; and

        (d)     state briefly any questions of law; and

        (e)     be supported by an affidavit filed with the application stating—

              (i)     any evidence necessary to establish the grounds of the application; and

              (ii)     any evidence that the applicant wants the court to receive.

    (3)     A stamped copy of the application and any supporting affidavits must be served on all other parties as soon as possible after the notice is filed but at least 14 days before the date set for the trial to which the application relates.

    (4)     This rule is subject to rule 4750 (2) (Supreme Court criminal proceedings—applications to set aside or stay proceedings).

    (5)     If the trial date has been set, the trial date may be set as the return date for the application and the application may be heard by the court immediately before the trial starts.