Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 7002

These rules apply as if—

    (a)     a reference in an Act, statutory instrument or document, to the Supreme Court Rules 1937 , the Supreme Court (Admission of Legal Practitioners) Rules 1998 or the Supreme Court (Corporations) Rules 2003 were, in relation to anything to which these rules apply, a reference to these rules; and

    (b)     a reference in an Act, statutory instrument or document, to a provision of the Supreme Court Rules 1937 , the Supreme Court (Admission of Legal Practitioners) Rules 1998 or the Supreme Court (Corporations) Rules 2003 were, in relation to anything to which these rules apply, a reference to the corresponding provision of these rules; and

    (c)     a reference in an Act, statutory instrument or document, to something that is no longer applicable because of the making of these rules, and for which there is a corresponding thing under these rules, were a reference to the thing under these rules, if the context allows and if otherwise appropriate.

Examples for par (c)

1     A ‘notice of motion' is taken to be an ‘application'.

2     A reference to entering an appearance in relation to an originating process in a civil proceeding is taken to be a reference to filing a notice of intention to respond in the court or filing a defence (if the defendant chooses not to file a notice of intention to respond but files a defence).

3     A reference to taxation of costs is taken to be a reference to assessment of costs.

Note     An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 7.2     Transitional—Magistrates Court