Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1306

(PD 1/90; MC(CJ)R s 179; Qld r 467 and r 469)

    (1)     If a party to a proceeding is ready for trial, the party must—

    (a)     complete and sign a certificate of readiness for the party; and

    (b)     serve a copy of the completed and signed certificate on each other active party to the proceeding for the certificate to be completed and signed by each other active party.

Note     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

    (2)     Each party who is served with a certificate of readiness must—

    (a)     if the party is ready for trial—complete and sign the certificate for the party and return it to the party who served it; or

    (b)     if the party is not ready for trial—

    (i)     return the unsigned certificate to the party who served it; and

    (ii)     tell the party who served it in writing—

    (A)     the steps that, in the party's opinion, need to be completed by the party before the proceeding is ready for trial; and

    (B)     an estimate of the time needed by the party to complete each step.

Note     If a party fails to complete and sign a certificate of readiness, a party who is ready for trial may apply for a directions hearing (see r 1308 (Directions hearing—category A, category B and category D proceedings).

    (3)     A certificate of readiness for a proceeding may be filed only if—

    (a)     the certificate has been completed and signed by each active party to the proceeding; and

    (b)     if a statement of particulars is required to be filed under rule 1304 (Statement of particulars before trial—personal injury claims) or rule 1305 (Statement of particulars before trial—compensation to relatives in death claims)—the statement has been filed.

    (4)     If a certificate of readiness is filed—

    (a)     the court must set a date for a listing hearing; and

    (b)     the registrar must tell the parties the date set for the listing hearing.

    (5)     Unless the court otherwise orders, the court must not set a date for a listing hearing unless a certificate of readiness for trial is filed.

Note 1     The court may direct that a proceeding be given a listing hearing even though the certificate of readiness has not been filed (see r 1303 (4) (b) and r 1308 (6) (b) (ii)).

Note 2     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.