(cf SCR Part 40, rule 1; DCR Part 31, rule 8; LCR Part 26, rule 1)
At any stage of proceedings, the court may give such judgment, or make such order, as the nature of the case requires, whether or not a claim for relief extending to that judgment or order is included in any originating process or notice of motion.
(1) The court may give judgment, or order that judgment be entered, in the terms of an agreement between parties in relation to proceedings between them.(2) Unless the court, for special reasons, otherwise orders, the court must refuse to give judgment, or order that judgment be entered, in terms that restrict, or purport to restrict, any disclosure of the terms of the judgment or order.(3) Subrule (2) does not limit the effect of any agreement between the parties that contains provisions that restrict the parties, or purport to restrict the parties, from disclosing the terms of the agreement or of the judgment or order.
36.2 Written reasons for judgment
(cf SCR Part 40, rule 2; DCR Part 31, rule 9; LCR Part 26, rule 2)
(1) If the court gives any judgment, or makes any order or decision, and its reasons for the judgment, order or decision are reduced to writing, it is sufficient for the court to state its judgment, order or decision orally, without stating the reasons.(2) After a judgment, order or decision has been stated orally under subrule (1), a written copy of it, including the court’s reasons for it, must then be delivered to an associate, registrar or some other officer of the court for delivery to the parties or may instead be delivered directly to the parties.
(cf DCR Part 2A, rule 7, Part 31, rule 10)
(1) If in any proceedings a judicial officer reserves his or her judgment or decision on any question, he or she:(a) may give the judgment or decision, either in open court or in the absence of the public:(i) at the venue for those proceedings, or(ii) at any other place at which he or she is authorised to hear or dispose of those proceedings, or(b) may reduce the judgment or decision to writing, sign it and forward it to the registrar at the venue for the proceedings.(2) If a registrar receives a judgment or decision forwarded under subrule (1) (b):(a) the registrar must appoint a time for the judgment or decision to be read, and(b) the registrar must give at least 24 hours’ notice to the parties, in writing or otherwise, of the appointed time, and(c) at the appointed time, the judgment or decision must be read by another judicial officer of the court, or by the registrar, whether or not the court is sitting at that time.(3) A judgment or decision given under subrule (1) (a) or read under subrule (2) (c) takes effect on the day on which it is so given or read and is as valid as if given by the judicial officer at the hearing of the proceedings to which the judgment or decision relates.(4) Rule 36.2 applies to a judgment or decision referred to in this rule in the same way as it applies to a judgment or decision referred to in that rule.
36.4 Date of effect of judgments and orders
(cf SCR Part 40, rule 3; DCR Part 31, rule 13A (2))
(1) A judgment or order takes effect:(a) as of the date on which it is given or made, or(b) if the court orders that it not take effect until it is entered, as of the date on which it is entered.(2) Despite subrule (1), if an order of the court directs the payment of costs, and the costs are to be assessed, the order takes effect as of the date when the relevant cost assessor’s certificate is filed.(3) Despite subrules (1) and (2), the court may order that a judgment or order is to take effect as of a date earlier or later than the date fixed by those subrules.
36.5 Time for compliance with judgments and orders
(cf SCR Part 40, rule 4; DCR Part 31, rule 12)
(1) If a judgment or order requires a person to do an act within a specified time, the court may, by order, require the person to do the act within another specified time.(2) If a judgment or order requires a person:(a) to do an act forthwith or forthwith on a specified event, or(b) to do an act but does not specify a time within which he or she is required to do the act,the court may, by order, require the person to do the act within a specified time.
36.6 Judicial notice to be taken of orders and undertakings
(cf SCR Part 40, rule 10; DCR Part 31, rule 14; LCR Part 26, rule 5)
(1) In any proceedings, the court may take judicial notice of:(a) any order made by the court, or by any other court, and(b) any undertaking given to the court, or to any other court.(2) In any proceedings, the court may be informed of an order or undertaking by (among other things) reference to:(a) a note made by the judicial officer making the order or accepting the undertaking, or by his or her associate or by any other proper officer, or(b) a note made by the registrar or other officer making the order or accepting the undertaking.
(cf SCR Part 40, rule 7)
(1) The prescribed rate at which interest is payable under section 101 of the Civil Procedure Act 2005 is:(a) in respect of the period from 1 January to 30 June in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and(b) in respect of the period from 1 July to 31 December in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.(2) The Local Court may not order the payment of interest up to judgment in any proceedings in which the amount claimed is less than $1,000.
(cf SCR Part 40, rule 11)
Unless the court orders otherwise, judgment for possession of land may not be given or entered against a defendant in his or her absence unless the plaintiff files an affidavit:(a) stating that, when the originating process was filed or (if the claim for possession arises from an amendment to the originating process) when the amendment was made:(i) specified persons (other than parties to the proceedings) had been in occupation of the whole or any part of the land, or(ii) no persons (other than parties to the proceedings) had been in occupation of the whole or any part of the land, and(b) stating that, as to each person specified in accordance with paragraph (a) (i) (other than a person whose occupation the plaintiff does not seek to disturb):(i) the originating process has been duly served on the person, or(ii) the person has, since the time referred to in paragraph (a), ceased to be in occupation of any part of the land, and(c) in relation to a claim for possession by reason of default in the payment of money, stating particulars of the default.
An arrest warrant issued by order of the court must be signed by a judicial officer or by a registrar.
36.10 Filing of cost assessors’ certificates
(cf SCR Part 40, rule 12)
(1) A cost assessor’s certificate:(a) may be filed in the proceedings to which it relates, or(b) may be filed in fresh proceedings, whether in the same court or another court.(2) A number of certificates may be filed together under subrule (1) if each of the certificates:(a) relates to the same costs assessment, and(b) requires the same person or persons to pay costs.(3) If some of the costs specified in the certificate or certificates have been paid, the certificate or certificates must be accompanied by an affidavit, sworn not earlier than 14 days before the certificate or certificates are filed, stating the amount of the costs that have been paid.Note. The certificate or certificates will, from the date of filing, be taken to be a judgment of the court under Division 11 of Part 3.2 of the Legal Profession Act 2004 for:(a) if the certificate or certificates are not accompanied by an affidavit under subrule (3)—the total amount of costs specified in the certificate or certificates, or(b) if the certificate or certificates are accompanied by an affidavit under subrule (3)—the amount of costs that have not been paid.
Division 2 Entry of judgments and orders
36.11 Entry of judgments and orders
(cf SCR Part 41, rule 11)
(1) Any judgment or order of the court is to be entered.(2) Unless the court orders otherwise, a judgment or order is taken to be entered when it is recorded in the court’s computerised court record system.(2A) If the court directs that a judgment or order be entered forthwith, the judgment or order is taken to be entered:(a) when a document embodying the judgment or order is signed and sealed by a registrar, or(b) when the judgment or order is recorded as referred to in subrule (2),whichever first occurs.(3) In this rule, a reference to a judgment or order of the court includes a reference to any judgment, order, determination, decree, adjudication or award that has been filed or registered in the court, or of which a certificate has been filed or registered in the court, as referred to in section 133 (2) of the Civil Procedure Act 2005.(4) This rule does not limit the operation of rule 36.10.
36.12 Registrar to furnish copies of judgments and other documents
(cf SCR Part 41, rule 15; DCR Part 31, rule 16; LCR Part 26, rule 7)
(1) Unless the court orders otherwise, on payment of the fee prescribed by the regulations under the Civil Procedure Act 2005, the registrar must:(a) furnish a sealed copy of any judgment or order that has been entered in the proceedings to any person who applies for such a copy, or(b) seal a document provided by the person that, in the opinion of the registrar, accurately sets out the terms of the judgment or order.(1A) A document sealed by a registrar in accordance with subrule (1) (b) is taken to be a sealed copy of the relevant judgment or order.(2) Unless the court orders otherwise, on payment of the fee prescribed by the regulations under the Civil Procedure Act 2005, the registrar:(a) must furnish to any party to any proceedings, and(b) may furnish to any other person appearing to have a sufficient interest in the proceedings,a copy of any pleading or other document that has been filed in the proceedings.(3) Despite subrules (1) and (2), the registrar must not furnish a copy of an adoption order made in proceedings under the Adoption Act 2000 to any person, except the plaintiff in those proceedings, unless the court orders otherwise.
36.13 Registrar to furnish copies of external judgments
(cf SCR Part 41, rule 15A)
(1) In this rule:external judgment, in relation to a court, means:
(a) a judgment or order of any other court that is registered or filed in the court under any Act (including any Commonwealth Act), or(b) a cost assessor’s certificate issued otherwise than in relation to proceedings in the court.judgment or order includes:
(a) an amendment of or to a judgment or order, and(b) a certificate of a judgment or order.section 21B certificate means a certificate filed in the court under section 21B (3) of the Crimes Act 1914 of the Commonwealth.
(2) On payment of the prescribed fee, the registrar:(a) must furnish a certified copy of an external judgment or section 21B certificate:(i) if the external judgment is registered or filed under an order of the court, to any party to the proceedings in which the order for registration was made, and(ii) if the external judgment is registered otherwise than under an order of the court, to the person on whose application registration was effected, and(iii) if the external judgment or section 21B certificate is filed in the court, to any person who filed the judgment or certificate, and(b) may furnish a certified copy of an external judgment or section 21B certificate to any other person appearing to have a sufficient interest in the judgment or certificate.(3) On the certified copy of the external judgment or section 21B certificate concerned, the registrar must endorse a statement that indicates the following matters:(a) the provision under which registration or filing was effected,(b) the date of registration or filing,(c) if registration or filing was effected by means of a faxed copy, that registration or filing was so effected,(d) if registration or filing has been cancelled or has ceased to have effect, the date of cancellation or cessation.
36.14 Service of judgment or order not required
(cf SCR Part 41, rule 16; DCR Part 31, rule 17; LCR Part 26, rule 8)
A sealed copy of a judgment or order need not be served unless these rules expressly so require or the court so directs.
Division 4 Setting aside and variation of judgments
36.15 General power to set aside judgment or order
(cf DCR Part 13, rule 1, Part 31, rule 12A; LCR Part 11, rule 1, Part 26, rule 3)
(1) A judgment or order of the court in any proceedings may, on sufficient cause being shown, be set aside by order of the court if the judgment was given or entered, or the order was made, irregularly, illegally or against good faith.(2) A judgment or order of the court in any proceedings may be set aside by order of the court if the parties to the proceedings consent.
36.16 Further power to set aside or vary judgment or order
(cf SCR Part 40, rule 9)
(1) The court may set aside or vary a judgment or order if notice of motion for the setting aside or variation is filed before entry of the judgment or order.(2) The court may set aside or vary a judgment or order after it has been entered if:(a) it is a default judgment (other than a default judgment given in open court), or(b) it has been given or made in the absence of a party, whether or not the absent party had notice of the relevant hearing or of the application for the judgment or order, or(c) in the case of proceedings for possession of land, it has been given or made in the absence of a person whom the court has ordered to be added as a defendant, whether or not the absent person had notice of the relevant hearing or of the application for the judgment or order.(3) In addition to its powers under subrules (1) and (2), the court may set aside or vary any judgment or order except so far as it:(a) determines any claim for relief, or determines any question (whether of fact or law or both) arising on any claim for relief, or(b) dismisses proceedings, or dismisses proceedings so far as concerns the whole or any part of any claim for relief.(3A) If notice of motion for the setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the court may determine the matter, and (if appropriate) set aside or vary the judgment or order under subrule (1), as if the judgment or order had not been entered.(3B) Within 14 days after a judgment or order is entered, the court may of its own motion set aside or vary the judgment or order as if the judgment or order had not been entered.(3C) Despite rule 1.12, the court may not extend the time limited by subrule (3A) or (3B).(4) Nothing in this rule affects any other power of the court to set aside or vary a judgment or order.
36.17 Correction of judgment or order (“slip rule”)
(cf SCR Part 20, rule 10; DCR Part 17, rule 10; LCR Part 16, rule 10)
If there is a clerical mistake, or an error arising from an accidental slip or omission, in a judgment or order, or in a certificate, the court, on the application of any party or of its own motion, may, at any time, correct the mistake or error.
36.18 Variation of judgment or order against party operating under unregistered business name
(cf SCR Part 64, rule 7; DCR Part 46, rule 6; LCR Part 35, rule 6)
(1) In any proceedings in which judgment has been given, or an order made, against a person under a business name, the court may vary the judgment or order so as to make it a judgment or order against the person in the person’s own name.(2) Notice of motion for a direction under subrule (1) must be personally served on the person.