Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. (1) The provisions of the Principal Act (as in force immediately before the commencement of this section), being the provisions listed in column 1 of the following table, are renumbered in accordance with the table:
Existing provision | Renumbered provision |
| Part XVIIIA | Part XIX |
|
Part XIX | Part XX |
| Part XIXA | Part XXI |
| Part XX | Part XXIII |
|
Part XXI | Part XXIV |
| Section 394 | Section 470 |
| Section 395 |
Section 471 |
| Section 396 | Section 472 |
| Section 397 | Section 473 |
Section 398 | Section 474 |
| Section 399 | Section 475 |
| Section 400 |
Section 476 |
| Section 401 | Section 477 |
| Section 402 | Section 478 |
Section 403 | Section 479 |
| Section 404 | Section 480 |
| Section 405 |
Section 481 |
| Section 406 | Section 482 |
| Section 407 | Section 483 |
Section 408 | Section 484 |
| Section 409 | Section 485 |
| Section 410 |
Section 486 |
| Section 411 | Section 487 |
| Section 412 | Section 488 |
Section 413 | Section 489 |
| Section 414 | Section 490 |
| Section 415 |
Section 491 |
| Section 416 | Section 492 |
| Section 417 | Section 493 |
Section 418 | Section 494 |
| Section 419 | Section 495 |
| Section 420 |
Section 496 |
| Section 421 | Section 497 |
| Section 422 | Section 498 |
Section 425 | Section 499 |
(2) A reference in this Act to a provision of the Principal Act that is renumbered by this section (other than in text inserted by this Act into the Principal Act or another Act) is to be taken to be a reference to that provision as numbered in the Principal Act immediately before the commencement of this section.
(3) A reference to a provision of the Principal Act that has been renumbered by this section, being a reference—
(a) in a provision of the Principal Act as in force immediately before the commencement of this section, whether or not the latter provision has commenced;
(b) in a provision of another law of the Territory made before the commencement of this section, whether or not the latter provision has commenced; or
(c) in any instrument or document;
shall (except as regards the operation of the provision before it was renumbered) be construed as a reference to that provision as so renumbered.
Form 1 SMALL CLAIMS COURT
Subsection 404 (1)
ORIGINATING APPLICATION
Application No. of [ year ], between [ applicant ] and [ respondent ].
To the Registrar:
General declaration
I make the following application in the Small Claims Court. The required information about myself, the respondent and the application is set out below and in the Attachment.
Applicant
If the applicant is making the application on his or her own behalf—
Full name and address:
If the applicant is making the application on behalf of a company or other body corporate—
Name of the body and address of registered office:
If the applicant is represented by another person—
Representative's full name and address:
How may the applicant be contacted?
Address for service (within the ACT):
* Telephone No.: * DX No.: * Fax No.:
Respondent
If the respondent is a natural person—
Respondent's name and address:
If the respondent is a company or other body corporate—
Name of the body and address of registered office:
Prior attempts to resolve dispute
* The applicant and the respondent have attempted to resolve their dispute in the following manner:
* The applicant and the respondent have made no prior attempts to resolve their dispute.
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 1 SMALL CLAIMS COURT Attachment A
ORIGINATING APPLICATION
What is a debt application?
• A “debt
application” is an application to recover a debt.
•
You can also recover interest owing on the debt.
• You may
also make a debt application to recover a rental bond, but you must
go through a formal mediation process first. Ask a
Registry officer for advice about
how to do this.
Grounds of application:
If the application is for the
recovery of a rental bond—
* A mediation
certificate under s. 62AS of the Landlord and Tenant Act 1949 is
attached to this application.
Details of specified amounts sought—
Fee for commencing proceedings: | $ |
| Specified amount sought: * Contractual interest is claimed. * Interest to be determined by the Small Claims Court is claimed. | $ |
| Particulars of interest: — period(s) for which interest is claimed: — rate(s) of interest: — total interest accrued to date: | $ |
| Total: | $ |
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 1 SMALL CLAIMS COURT Attachment B
ORIGINATING APPLICATION
What is a goods application?
• A
“goods application” is an application dealing with the provision
of goods or services.
•
You can make a goods application for the recovery of the value of goods
or services, for the recovery of
goods, for the provision of services or for
damages caused by the detention of goods.
Grounds of application:
*
Details of any goods to be recovered
or services to be provided:
* Details of any damages sought:
Details of specified amounts sought—
Fee for commencing proceedings: | $ |
| If any other specified amount is sought— Specified amount sought: * Contractual interest is claimed. * Interest to be determined by the Small Claims Court is claimed. | $ |
|
Particulars of interest: — period(s) for which interest is claimed: — rate(s) of interest is claimed: — total interest accrued to date: | $ |
| Total: | $ |
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 1 SMALL CLAIMS
COURT Attachment C
ORIGINATING APPLICATION
What is a damages application?
• A
“damages application” is an application to recover damages caused
by someone else's actions.
Grounds
of application:
Details of damages sought:
Fee for commencing proceedings: | $ |
| | |
| Total: | $ |
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 1
SMALL CLAIMS COURT Attachment D
ORIGINATING APPLICATION
What is a nuisance?
• A
“nuisance” is an interference with your land, or with your
enjoyment of your land.
— for example, an overflow from a
neighbour's burst sewerage pipe onto
your land .
• You can apply
for particular orders to deal with the interference.
— for example, an order requiring the neighbour to
repair the burst pipe .
• You can also apply
for monetary damages.
— for
example, compensation for the cost of cleaning up the overflow .
Grounds of
application:
Remedy sought:
Fee for commencing proceedings: | $ |
| | |
| Total: | $ |
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 1
SMALL CLAIMS COURT Attachment E
ORIGINATING APPLICATION
What is a trespass?
• A
“trespass” is an unauthorised, uninvited entry onto your land.
• If someone remains on your land after
being told to leave they are also
trespassing.
•
You can apply for particular orders to deal with a trespass.
— for example, an order
requiring a squatter to leave your land.
•
You can also recover monetary damages.
—
for example, compensation for damage caused by the squatter.
Grounds of application:
Remedy sought:
Fee for commencing proceedings: | $ |
| | |
| Total: | $ |
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 1
SMALL CLAIMS COURT Attachment F
ORIGINATING APPLICATION
What is a debt declaration?
•
A “debt declaration” is an order of the Small Claims Court
declaring the
amount, or a maximum amount, you owe
to someone else.
• It could also be an order of the Court
declaring you not to be
indebted to the other person at all.
• You may also
make an application for a debt declaration in relation to the
recovery of a rental bond, but the
dispute must be referred to a mediator first. Ask a Registry officer for
advice about how to do this.
Grounds of application:
If the
application relates to the recovery of a rental bond—
*
A mediation certificate under s. 62AS of the Landlord and Tenant
Act 1949 is attached to this
application.
Fee for commencing proceedings: | $ |
| The respondent has issued the applicant with a written demand for payment of the following debt: * The applicant is not indebted to the respondent. * The applicant is indebted to the respondent in the following amount: * The applicant is not indebted to the respondent in an amount exceeding the following: |
|
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 2 SMALL CLAIMS COURT Subsection 411 (1)
RESPONSE
Application No. of [ year ], between [ applicant ] and [ respondent ].
To the Registrar:
Respondent
If the respondent is making the application on his or her own behalf—
Full name and address:
If the respondent is making the application on behalf of a company or other body corporate—
Name of the body and address of registered office:
If the respondent is represented by another person—
Representative's full name and address:
How may the respondent be contacted?
Address for service (within the ACT):
* Telephone No.: * DX No.: * Fax No.:
* Admission of liability
I admit liability (in whole or in part) and agree to the entry of judgment on the following terms:
* Judgment is to be entered in the following amount: | $ |
| * The following amount is paid into the Court: | $ |
| * The amount of the judgment is to be paid on or before [ date ] * The amount is to be paid by instalments on the following terms: |
* The following orders are to be made:
* Contested application
I contest the application on the following grounds:
* The following set-off or counterclaim is made: |
$ |
Date:
[ signed ]
Respondent
* Strike out where inapplicable
Form 3 SMALL CLAIMS COURT
Subsection 415 (1)
ADMISSION OF LIABILITY ACCEPTANCE
Application No. of [ year ], between [ applicant ] and [ respondent ].
To the Registrar:
I accept the terms on which the respondent has admitted liability in full satisfaction of my application.
Date:
[ signed ]
Applicant
Form 4 SMALL CLAIMS COURT
Subsections 416 (3)
and 419 (2)
CONFERENCE NOTICE
Application No. of [ year ], between [ applicant ] and [ respondent ].
* To [ name ], the applicant:
* To [ name ], the respondent:
Conference details
I have directed a conference to be held before me at [ place ] on [ date ] at [ time ].
Objectives
The objectives of the conference are:
• to determine what are the real matters in dispute between the parties;
• to assist the parties to reach a compromise in the dispute by means of conciliation;
• to streamline any later inquiry by:
— ensuring that the parties do everything they can to enable such an inquiry to take place expeditiously; and
— assessing the time likely to be required for any such inquiry.
Dispute settlement
If agreement is reached between all parties as to terms of settlement of the dispute, a Consent Judgment Application in the form provided on the other side of this notice should be filled in and signed by the parties.
The Consent Judgment Application should then be lodged with the Registrar at [ address of Registrar's office ].
Non-attendance
* To the applicant:
If you do not attend the conference, the Registrar may dismiss your application.
* To the respondent:
If you do not attend the conference—
• The Registrar may enter a Default Judgment against you in favour of the applicant for any specified amount of money claimed;
• the Registrar may make an Interim Order against you in respect of any unspecified amount of money claimed by the applicant, and in respect of any other order claimed by the applicant. The Registrar would then direct an inquiry to be held to determine what judgment should be given against you.
— If you were not to attend that inquiry, judgment might be given against you in the terms applied for by the applicant.
— On the other hand, if you were to appear at that inquiry to contest the application or the orders sought by the applicant, the Court might in any case direct a conference to be held, and require you to pay the costs of the proceedings.
Further information
If you have any questions about what you should do, please talk to a Registry officer at [ address ] or by telephone on [ telephone number ] between 9 am and 4 pm, Monday to Friday.
Date:
Registrar
* Strike out where inapplicable
Form 5
SMALL CLAIMS COURT Subsections 416 (4)
417 (3), 426 (2) and 428 (4)
INQUIRY NOTICE
Application No. of [ year ], between [ applicant ] and [ respondent ].
* To [ name ], the applicant:
* To [ name ], the respondent:
Inquiry details
I have directed an inquiry into this application to be held in the Small Claims Court before [ Magistrate or referee ] at [ place ] on [ date ] at [ time ].
Dispute settlement
If agreement is reached between all parties as to terms of settlement of the dispute, a Consent Judgment Application in the form provided on the other side of this notice should be filled in and signed by the parties.
The Consent Judgment Application should then be lodged with the Registrar at [ address of Registrar's office ].
Non-attendance
* To the applicant: If you do not attend the inquiry, the Court may dismiss your application.
* To the respondent: If you do not attend the inquiry, the Court may give judgment against you in favour of the applicant.
Further information
If you have any questions about what you should do, please talk to a Registry officer at [ address ] or by telephone on [ telephone number ] between 9 am and 4 pm, Monday to Friday.
Date:
Registrar
* Strike out where inapplicable
Form 6 SMALL CLAIMS COURT Paragraph
417 (1) (b)
DEFAULT JUDGMENT APPLICATION
Application No. of [ year ], between [ applicant ] and [ respondent ].
To the Registrar:
The applicant applies for the entry of judgment in these proceedings against the respondent.
* Specified amount
Fee for commencing proceedings: | $ |
| Charges and out-of-pocket expenses: | $ |
| Amount claimed: | $ |
| Particulars of interest: • period(s) for which interest is claimed: • rate(s) at which interest is claimed: • total interest accrued to date: | $ |
| Total: | $ |
* Debt declaration
Fee for commencing proceedings: | $ |
| Charges and out-of-pocket expenses: | $ |
| Total amount in relation to which declaration is sought: | $ |
* Unspecified amount—Interim Order sought
The applicant applies to the Registrar for an Interim Order in relation to—
* the whole application.
* the following part of the application:
Date:
[ signed ]
Applicant
* Strike out where inapplicable
Form 7 SMALL CLAIMS COURT
Paragraphs 417 (2) (a)
and 428 (3) (a)
DEFAULT JUDGMENT
Application No. of [ year ], between [ applicant ] and [ respondent ].
I enter judgment as follows:
Specified amount
I judge that in these proceedings, the applicant should recover from the respondent the following amount: |
|
I order the respondent to pay that amount to the applicant.
Debt declaration
I make the following declaration:
I order that the applicant should recover from the respondent the following amount for fees, charges and out-of-pocket expenses: |
|
Date:
Registrar
Form 8 SMALL CLAIMS COURT
Subparagraphs 417 (2) (b) (i) and 428 (3) (b) (i)
INTERIM ORDER
Application No. of [ year ], between [ applicant ] and [ respondent ].
I make the following interim order in these proceedings in favour of the applicant:
Date:
Registrar
Form 9
SMALL CLAIMS COURT Subsections 415 (3), 417 (6),
425 (4), 428 (7), 436 (1),
440 (4), 441 (5) and 451 (4)
INTERLOCUTORY APPLICATION
Application No. of [ year ], between [ applicant ] and [ respondent ].
Interlocutory applications
This form may be used for making
any application during the course of an inquiry
— for
example, this is the form you would use if you wished to apply for an
adjournment of the inquiry, or to amend your application or
response.
Restoration of proceedings
This form may also be used to apply for “restoration of proceedings” as follows:
• Restoration for the respondent after a Default Judgment or Interim Order has been issued in the previous absence of a formal Response;
• Restoration for either party following the party's earlier failure to appear at a conference or inquiry;
• Restoration for either party after a Consent Judgment has been entered, where the party wishes to resile from the judgment consented to;
• Restoration for the applicant after the applicant's earlier discontinuance of proceedings in an inquiry.
Further Information
If you have any questions about what you should do, please talk to a Registry officer at [ address ] or by telephone on [ telephone number ] between 9 am and 4 pm, Monday to Friday.
* The applicant applies for the following orders or directions:
* The respondent applies for the following orders or directions:
The grounds for making this application are as follows:
Date:
[ signed ]
*
Applicant
* Respondent
This application has been set down for inquiry at the following date and time:
Registrar
* Strike out where inapplicable
Form 10 SMALL CLAIMS COURT
Subsections 425 (1)
and 451 (1)
CONSENT JUDGMENT APPLICATION
Application No. of [ year ], between [ applicant ] and [ respondent ].
To the Registrar:
The applicant and the respondent agree that judgment is to be entered against the respondent on the following terms:
* Judgment is to be entered in the following amount: | $ |
| * The amount of the judgment is to be paid on or before [ date ] * The amount is to be paid by instalments on the following terms: | |
* The following orders are to be made:
Date:
[ signed ]
Applicant
[ signed ]
Respondent
[ signed by witness ]
*
Magistrate
* Referee
* Registrar
*
Legal practitioner
* Justice of the Peace
* Strike out where inapplicable
Form 11 SMALL CLAIMS
COURT Subsections 415 (2),
425 (3)
and 451 (3)
CONSENT JUDGMENT
Application No. of [ year ], between [ applicant ] and [ respondent ].
* I enter the following judgment in accordance with the Admission of Liability Acceptance dated [ date ] by the applicant:
* I enter the following judgment in accordance with the Consent Judgment Application dated [ date ] by the applicant and the respondent:
Date:
Registrar
* Strike out where inapplicable
Form 12 SMALL CLAIMS COURT
Subsection 443 (1)
RESTORATION ORDER
Application No. of [ year ], between [ applicant ] and [ respondent ].
Proceedings on this application are ordered to be restored.
The following additional orders are made:
Date:
* Magistrate
*
Referee
* Registrar
* Strike out where inapplicable
Form 13 SMALL CLAIMS COURT
Subsection 444 (1)
SUMMONS
Application No. of [ year ], between [ applicant ] and [ respondent ].
To: [ name of person summonsed ]
* You are summonsed in these proceedings to attend and give evidence at [ place ] on [ date ] at [ time ].
* You are summonsed in these proceedings to attend and give evidence at [ place ] on [ date ] at [ time ] and to produce the following document or thing:
* You are summonsed in these proceedings to produce the following document or thing at [ place ] on or before [ date ] at [ time ]:
Further information
If you have any questions about what you should do, please talk to a Registry officer at [ address ] or by telephone on [ telephone number ] between 9 am and 4 pm, Monday to Friday.
Date:
Registrar
* Strike out where inapplicable
Form 14
SMALL CLAIMS COURT Section 452
JUDGMENT
Application No. of [ year ], between [ applicant ] and [ respondent ].
* The following judgment is made:
* The following orders are made:
for the Small Claims Court.
Date:
*
Magistrate
* Referee
* Registrar
* Strike out where inapplicable
Form 15 SMALL
CLAIMS COURT Subsection 468 (2)
POSTAL SERVICE
CERTIFICATE
Application No. of [ year ], between [ applicant ] and [ respondent ].
I certify that today I served
* the applicant(s)
* the respondent(s)
* another person
referred to within with a copy of the following documents:
[ specify documents ].
A copy of these documents has been sent by pre-paid post addressed to the person(s) referred to within at the person's (persons') last known address(es).
Date:
Registrar
* Strike out where inapplicable
I, [ name ], swear that I will well and truly serve in the office of referee in the Small Claims Court.
I swear that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.
So help me God!
I, [ name ], solemnly and sincerely affirm that I will well and truly serve in the office of referee in the Small Claims Court.
I solemnly and sincerely affirm that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.