MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005

Table of Provisions

PART 1 -- Preliminary  

• 1 Citation  
• 2 Commencement  
• 3 These rules to be read with the Magistrates Court (General) Rules 2005  
• 4 Terms used  
• 5 When these rules apply  
• 6A Exercise of Court’s powers in Part 3 of the Act

PART 2 -- How to make and defend a claim  

• 7 How to make a claim that starts a case  
• 8 How to make a third party claim  
• 9 How to respond to a claim  
• 10A If you admit a claim  
• 10B If you admit part of a claim  
• 10C You may admit liability but dispute the amount claimed  
• 10 How to accept an offer of settlement

PART 4 -- If you or another party does not defend a claim  

• 16 When this Part applies  
• 17 If the claim is for a liquidated amount  
• 18 If the claim is for an unliquidated amount  
• 19 If the claim against you is to recover possession of personal property  
• 20 Registrar may give default judgment in absence of parties  
• 21 Registrar not to give judgment in certain cases  
• 22A Default judgment one year or more after originating claim, referral to Magistrate  
• 22 Application for default judgment to be dismissed if not granted  
• 23A Registrar may order costs after giving judgment

PART 5 -- Status conferences and pre‑trial conferences  

• 23 Listing case for a status conference  
• 23AA What happens at a status conference  
• 24 What happens at a pre‑trial conference  
• 25C List of documents you might tender at trial  
• 26 Your attendance at a status conference, pre‑trial conference or hearing  
• 27 Listing the case for trial  
• 28 Status of things said or done at a status conference or a pre‑trial conference

PART 6 -- Mediation  

• 29 Mediation conference  
• 30 Attendance of parties at mediation conferences  
• 31 Outcome of mediation  
• 32 Further pre‑trial conference if case not settled

PART 7 -- Consent orders and settlement  

• 33 Memorandum of consent  
• 34 Registrar may make consent orders or give judgment  
• 35 When the rules require your consent  
• 36 Settling claims involving a person under a legal disability

PART 8 -- Trial  

• 37 How the trial of your case is to be conducted  
• 38 Your attendance at trial  
• 39 How to call witnesses  
• 39A Compliance with witness summons  
• 40 Return of things after trial

PART 9 -- Orders and judgments  

• 41 Money paid to you if you are a person under a legal disability  
• 42 Setting aside default judgment  
• 43 Decisions of registrars  
• 44 Requests for certificate of judgment

PART 10A -- Inactive cases  

• 45A Term used: inactive case  
• 45B When your case becomes inactive  
• 45C Notification of inactive cases  
• 45D Consequences of case becoming an inactive case  
• 45E Cases no longer taken to be inactive  
• 45F Dismissal of inactive cases

PART 10 -- How to lodge documents  

• 45 How to lodge a document  
• 46 Where you may lodge a claim that starts a case  
• 47 You must lodge a document by using the ECMS unless these rules permit you not to  
• 48 Lodging documents by email  
• 49 Form of documents lodged using ECMS or by email  
• 49A Time documents are lodged  
• 49B General provisions as to lodgment  
• 49C Lodging documents by post or fax  
• 49D The Court may convert paper documents to electronic form

PART 11 -- How to serve documents

Division 1 -- General  

• 50 Meaning of serve  
• 51 How to serve a document  
• 52 An enforcement officer may serve documents for you  
• 53 You must lodge an affidavit after serving a document

Division 2 -- Service at a residential or business address  

• 54 Your address must be on each document  
• 55 If you are not represented  
• 56 If you are represented  
• 57 If your address changes

Division 3 -- Personal service  

• 58 Service on an individual personally  
• 59 Service on a partnership personally  
• 60 Service on a corporation personally  
• 61 Service on a public authority personally

Division 4 -- Miscellaneous  

• 62A Applications for substituted service

PART 12 -- How to make an application  

• 62 How to make a written application  
• 63 Your supporting affidavit  
• 64 Application must be served  
• 65 Response to an application  
• 66 How the Court will deal with your application

PART 13 -- Affidavits  

• 67 Form of an affidavit  
• 68 Content of an affidavit

PART 14 -- If you need a litigation guardian  

• 69 Terms used  
• 70 When this Part applies  
• 71 If you are a represented person  
• 72 Affidavit your litigation guardian must lodge and serve if you are a represented person  
• 73 If you are a child  
• 74 Affidavits your litigation guardian must lodge and serve if you are a child  
• 75 Person may apply to be appointed your litigation guardian

PART 15 -- Miscellaneous  

• 76A If you are making an application under the Residential Tenancies Act 1987  
• 76B If you want to change venues  
• 76C If you want to correct typographical and other errors  
• 76 You may discontinue claim  
• 77 Availability of forms  
• 78 Partnership name may be used  
• 79 When you are required to do things personally and you are not an individual  
• 80 Payments into Court  
• 81 Registrar’s powers under the Civil Judgments Enforcement Act 2004

PART 16 -- Transitional rules for the Magistrates Court Rules Amendment Rules 2020  

• 83 Application of amended Rules in relation to transitional cases  
• 84 Application of former Rules in relation to certain transitional cases  
• 85 Listing transitional cases for a status conference  
• 86 Court or registrar may give directions in relation to transitional issues

PART 17 -- Transitional rules for the Magistrates Court Rules Amendment Rules 2022