Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6006

Application—pt 6.2

    (1)     This part applies to an application in a proceeding in the court.

    (2)     An "application" in a proceeding includes—

        (a)     an application to the court about the proceeding, whether made during the proceeding or after judgment is given in the proceeding; or

        (b)     an application that a territory law requires be made in accordance with this part (however expressed); or

        (c)     an application for leave to begin a proceeding in a court based on a motor accident claim under the href="http://www.legislation.act.gov.au/a/2008-1" title="A2008-1">Road Transport (Third-Party Insurance) Act 2008

, section 150 (Need for urgent proceeding).

Examples for par (a)

1     an application under part 2.18 (Enforcement) for an order appointing a receiver, or an order for seizure and detention of property

2     an application under rule 1603 (Orders—set off between enforceable money orders) for an order that a money order be set off against another money order of the same court

3     an application for leave to appeal to the Court of Appeal under rule 5311 (Appeals to Court of Appeal—application for leave to appeal)

4     an application for leave to appeal to the Court of Appeal under rule 5332 (Appeals to Court of Appeal—application for leave to appeal out of time)

Example for par (b)

an application for leave to start a proceeding in the Supreme Court by oral originating application under rule 37 (When oral originating application may be made in Supreme Court)

Note 1     For the making of orders before a proceeding starts, see r 706 (Urgent orders before start of proceeding).

Note 2     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).

    (3)     However, an application in a proceeding does not include—

        (a)     an application that is required under a territory law to be made to the registrar unless a territory law provides that this part applies to the application; or

        (b)     an application if these rules provide that this part does not apply to the application.



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