Division 1(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.