District Courts Rules 2009

7.17 Proceedings started in wrong court

• 7.17.1 The Registrar may refuse to file a proceeding that, in the Registrar’s opinion, is tendered for filing in the wrong court.

  7.17.2 If the Registrar refuses to file a proceeding, the applicant may apply to a Judge for a direction that the applicant is entitled to file the proceeding in that court.

  7.17.3 If a proceeding is started in the wrong court, a Judge may, on any terms and conditions that the Judge considers appropriate,—

  • (a) transfer the proceeding to the court in which it ought to have been started; or

  • (b) order that the proceeding continue in the court in which it was started.

  7.17.4 No objection may be taken at the hearing or at a subsequent proceeding on the ground that the proceeding was filed in the wrong court.

  7.17.5 Rule 7.17.4 does not limit rule 7.17.3.

  Compare: SR 1992/109 r 461P