Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this Act:
Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).
"bailiff" means a bailiff of the court.
"chief solicitor" means the person for the time being occupying, or performing the duties of, the office of Chief Solicitor in the public service.
"copy", in relation to a document to be served in proceedings, means—
(a) if the document has been filed—a true copy sealed or stamped with the seal of the court; and
(b) in any other case—a true copy.
"corporation" includes a body of persons that may by law sue or be sued, whether in its own name or in the name of an officer or other person.
"costs", in relation to proceedings, means costs between party and party of and incidental to the proceedings.
"court" means the Magistrates Court.
"cross-claim" means a claim (whether by way of counterclaim, cross-action, set-off or otherwise) pleaded in a notice of grounds of defence filed by a defendant in proceedings.
"defendant" means the person against whom proceedings have been instituted.
"examiner" means a person appointed by the court to conduct an examination under section 202 under an order under section 202 (1).
"file", in relation to a document in proceedings, means lodge in the office of the court for inclusion in the record of the court.
"insurer" means a person who gives a bond referred to in section 85.
"officer", in relation to a corporation, includes a director and a person having (whether alone or with others) powers of management, direction or control of the corporation.
"originating process" means—
(a) a claim; or
(b) an application referred to in section 22.
"person named", in relation to a summons issued under section 187, means the person to whom the summons is addressed.
"person under disability" means a person who has not attained full age or a person who is of unsound mind or incapable.
"plaintiff" means the person by whom proceedings have been instituted.
"pleading" means a claim, notice of grounds of defence, reply or third or subsequent party notice filed in proceedings.
"proceedings" means proceedings in the court.
"registrar" means the registrar or a deputy registrar of the court.
"Small Claims Court" means the Magistrates Court when exercising jurisdiction under part 22.
"summons for production" means an order in writing requiring the person named to attend as directed by the order and to produce a document or thing for the purpose of evidence.
"summons to give evidence" means an order in writing requiring the person named to attend as directed by the order for the purpose of giving evidence.
(2) In this Act—
(a) a reference to the plaintiff in proceedings is, for proceedings in which there are 2 or more plaintiffs, a reference to any or all of those plaintiffs, as the case requires; and
(b) a reference to the defendant in proceedings is, for proceedings in which there are 2 or more defendants, a reference to any or all of those defendants, as the case requires.
(3) In this Act—
(a) a reference to the plaintiff in proceedings is, in relation to proceedings instituted by filing an application referred to in section 22, a reference to the applicant in those proceedings; and
(b) a reference to the defendant in proceedings is, in relation to proceedings referred to in paragraph (a), a reference to the respondent in those proceedings.
(4) In this Act, a reference to the legal practitioner for a party to proceedings includes, in relation to a party whose legal practitioner has another legal practitioner acting as his or her agent for the purpose of the proceedings, a reference to that other legal practitioner.