Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1223

(SCR o 39 r 47)

    (1)     A party on whom a copy of an application under the Wrongs Act, section 86 (the section 86 application ) and accompanying affidavit is served may, within the required time, do either or both of the following:

    (a)     apply to the court for any of the orders mentioned in rule 1221 ;

    (b)     file, and serve on each other active party, an affidavit responding to anything mentioned in the section 86 application or its accompanying affidavit.

Note     Pt 6.2 (Applications in proceedings) applies to an application under par (a).

    (2)     For subrule (1), the required time for a party is not later than14 days after the day the party receives the section 86 application and its accompanying affidavit or, if the court allows a longer time, that time.

Note     Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.

    (3)     Rule 1222 (Accompanying affidavit for appointment of expert—Wrongs Act, s 86 application) applies in relation to an application under subrule (1) (a) as if it were an application under the Wrongs Act, section 86.