Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 7002

Transitional—construction of outdated references to Supreme Court rules etc

These rules apply as if—

        (a)     a reference in an Act, statutory instrument or document, to the href="http://www.legislation.act.gov.au/sl/1937-85" title="SL1937-85">Supreme Court Rules 1937

, the Supreme title="SL1998-15">Supreme Court (Admission of Legal Practitioners) Rules 1998

or the Supreme title="SL2003-40">Supreme Court (Corporations) Rules 2003

were, in relation to anything to which these rules apply, a reference to these rules; and

        (b)     a reference in an Act, statutory instrument or document, to a provision of the

title="SL1937-85">Supreme Court Rules 1937

, the

title="SL1998-15">Supreme Court (Admission of Legal Practitioners) Rules 1998

or the

title="SL2003-40">Supreme Court (Corporations) Rules 2003

were, in relation to anything to which these rules apply, a reference to the corresponding provision of these rules; and

        (c)     a reference in an Act, statutory instrument or document, to something that is no longer applicable because of the making of these rules, and for which there is a corresponding thing under these rules, were a reference to the thing under these rules, if the context allows and if otherwise appropriate.

Examples for par (c)

1     A ‘notice of motion' is taken to be an ‘application'.

2     A reference to entering an appearance in relation to an originating process in a civil proceeding is taken to be a reference to filing a notice of intention to respond in the court or filing a defence (if the defendant chooses not to file a notice of intention to respond but files a defence).

3     A reference to taxation of costs is taken to be a reference to assessment of costs.



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