Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 400

(NSW r 14.1; Qld r 145)

    (1)     This part applies to—

    (a)     a proceeding started by originating claim or third-party notice; and

    (b)     a counterclaim made in a proceeding started by originating claim or third-party notice.

Note 1     A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39).

Note 2     Third-party notice includes a fourth-party notice, fifth-party notice etc (see r 322 (2) (c)).

    (2)     However, despite rule 39 (3) (Proceeding incorrectly started by originating application), this part applies to a proceeding started by an originating application only if the court orders the plaintiff to file and serve a statement of claim.

Division 2.6.2     Rules of pleading