Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 63

    (1)     This rule applies if—

        (a)     an originating application is served on a defendant; but

        (b)     it is not served at least 5 days before the return date for the application.

Note     Return date for an application is defined in the dictionary.

    (2)     The court may only hear and decide the application on the return date if the court considers it just to hear and decide the application on that date and—

        (a)     the court is satisfied that the defendant will suffer no significant prejudice if it hears and decides the application on the return date; or

        (b)     the defendant agrees to the court hearing and deciding the application on the return date.

    (3)     The court may make an order on the return date if the plaintiff gives an undertaking acceptable to the court.

    (4)     On application by a person affected by the order, the court may set aside the order.

Note     Pt 6.2 (Applications in proceedings) applies to an application to set aside the order.