Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 728

(SCR o 52 r 6; Qld r 258)

    (1)     If the division 2.9.4 order is the principal relief claimed, the applicant must apply to the court by originating application and must comply with part 2.2 (Starting civil proceedings), except as far as this division otherwise provides or the court otherwise orders.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule otherwise ordering if the proceeding has been started.

    (2)     However, if the division 2.9.4 order is not the principal relief claimed, or the order is sought in a proceeding that has been started or relates to a proceeding that has ended, the applicant must comply with part 6.2 (Applications in proceedings), except as far as this division otherwise provides or the court otherwise orders.

    (3)     For the Supreme Court, this rule applies whether the application is made—

    (a)     before a proceeding is started; or

    (b)     in a pending proceeding; or

    (c)     after a proceeding has ended (including after judgment).