Part 16A of the Magistrates Court (Civil Proceedings) Rules 2005 and Part 10A of the Magistrates Court (Minor Case Procedure) Rules 2005 set out the rules related to inactive cases. These rules provide a mechanism by which the Magistrates Court can dispose of civil litigation which is not progressing in a timely manner.
A case can be deemed inactive where there has been no procedural step taken by the parties for a period of 12 months.
Where a case is deemed to be an inactive case:
Where your case is an inactive case, the following documents are the only documents that may be lodged with the Magistrates Court.
An application (Form 23 - Application and Form 2 - General Form of Affidavit to the Magistrates Court seeking leave to remove the case from the inactive cases list, pursuant to rule 95E of the Magistrates Court (Civil Proceedings) Rules 2005 and 45E of the Magistrates Court (Minor Case Procedure) Rules 2005.
A notice of discontinuance (Form 57 - Notice of Discontinuance) pursuant to rule 29 of the Magistrates Court (Civil Proceedings) Rules 2005 or rule 76 of the Magistrates Court (Minor Case Procedure) Rules 2005.
A memorandum of consent (Form 49 - Memorandum of Consent) under rule 53 of the Magistrates Court (Civil Proceedings) Rules 2005 or rule 33 of the Magistrates Court (Minor Case Procedure) Rules 2005 seeking an order or judgment that would finally dispose of the case.
Last updated: 7-Jan-2021
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