Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 706

    (1)     This rule applies—

        (a)     in urgent circumstances; and

        (b)     if the person applying for an order mentioned in subrule (2) intends to start a proceeding.

    (2)     Before the proceeding starts, the court may do any of the following as if the proceeding had started:

        (a)     make an order that the court might make in a proceeding on an application for a habeas corpus order;

        (b)     make a division 2.9.4 order;

Note     For the giving of the usual undertaking as to damages, see r 732 (Division 2.9.4 order—damages and undertaking as to damages).

        (c)     make an order extending the operation of a caveat, including, for example, under the

;

        (d)     make an order appointing, or directing the appointment of, a receiver;

        (e)     make an order under rule 715 (Inspection, detention, custody and preservation of property—orders etc) or rule 716 (Disposal of property other than land).

Note     The court may impose a condition about giving the usual undertaking as to damages (see r 715 (5) and r 716 (2)).

    (3)     Subrule (2) does not limit the orders the court may make before a proceeding starts.

    (4)     An application for an order mentioned in subrule (2) must be made by originating application.

Note     Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc.

    (5)     An application for an order mentioned in subrule (2) should be served, but if the court is satisfied there is adequate reason for doing so, it may make the order without the application being served on anyone.

    (6)     The person must give an undertaking to the court that the person will file originating process starting the proceeding not later than—

        (a)     the end of the time ordered by the court; or

        (b)     if the court does not make an order mentioned in paragraph (a)—2 days after the day the order mentioned in subrule (2) is made.

    (7)     In this rule:

"habeas corpus order"—see rule 3500 (Definitions—pt 3.9).