Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 732

Division 2.9.4 order—damages and undertaking as to damages

    (1)     Unless there is a good reason, a division 2.9.4 order or ancillary order made until the trial or hearing or until a stated day must not be made without the usual undertaking as to damages having been given .

    (2)     The usual undertaking as to damages for a division 2.9.4 order or ancillary order applies during an extension of the period of the order.

    (3)     If the usual undertaking as to damages is contravened, the person in whose favour the undertaking is given may apply to the court for an order for assessment of damages.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order or direction under this rule

    (4)     If the court finds damages are sustained because of a division 2.9.4 order or ancillary order, it may, at trial or on application by a party, assess damages or give the directions it considers necessary for the assessment of damages.



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