Regulation 13

An application for a mandatory treatment order under section 12A(3)(b) must be made by filing —

the relevant Form; and (b)any supporting evidence to prove the matters stated in the application.

The applicant must, within 7 days after the date on which the application and the supporting evidence are filed, serve the application and the supporting evidence on the respondent.

The applicant must file a declaration of service in the relevant Form within 3 days after the date on which the application and the supporting evidence are served on the respondent.Preliminary assessment report13D. A preliminary assessment report that the tribunal calls for under section 12A(5)(a) may be disclosed to the applicant for the mandatory treatment order to which the report relates (if any) only if the applicant —

applies for permission to appeal against a decision of the tribunal not to call for a formal assessment report; and

gives an undertaking to pay damages in the event of improper use or disclosure of the report, as the tribunal may require.Formal assessment report13E. A formal assessment report that the tribunal calls for under section 12A(8)(a) may be disclosed to the applicant for the mandatory treatment order to which the report relates (if any) only if the applicant —

applies for permission to appeal against the refusal of the tribunal to make the mandatory treatment order applied for; and

gives an undertaking to pay damages in the event of improper use or disclosure of the report, as the tribunal may require.Application for variation or revocation of mandatory treatment order under section 12A(23)13F.—

The appointed psychiatrist on whose formal assessment report a mandatory treatment order is based may apply to vary or revoke the mandatory treatment order under section 12A(23) by filing the relevant Form and all the following supporting materials:

a copy of the mandatory treatment order which is the subject of the application;

a copy of the formal assessment report;

any supporting evidence to prove the matters stated in the application.

The appointed psychiatrist must, within 7 days after the date on which the application and the supporting materials are filed, serve the application and the supporting materials on the applicant for the mandatory treatment order (if any) and the respondent.

The applicant for the mandatory treatment order (if any) and the respondent may, within 14 days after being served with the application and the supporting materials, respond to the application to vary or revoke the mandatory treatment order by filing —

a reply in the relevant Form; and

any supporting evidence to prove the matters stated in the reply.

Where the tribunal varies or revokes a mandatory treatment order on the application of an appointed psychiatrist, the appointed psychiatrist must, within 7 days after the date on which the order to vary or revoke the mandatory treatment order is made, serve the order to vary or revoke the mandatory treatment order on the applicant for the mandatory treatment order (if any) and the respondent.Appeal relating to application for mandatory treatment order13G.—

Without affecting rules 15 and 17 and subject to paragraphs (2) and (3), Order 2, Rule 10 or 12 of the Rules of Court 2021 (as the case may be) applies to an appeal in relation to the following decisions of the tribunal:

a decision of the tribunal to call or not to call for a formal assessment report;

a decision of the tribunal in relation to a mandatory treatment order or the refusal of such an order.

For the purposes of paragraph (1), the references to “all parties who have an interest in the appeal” in the provisions of the Rules of Court 2021 referred to in that paragraph are to be read to refer to the following persons, unless the tribunal otherwise directs:

the applicant for a mandatory treatment order, if any;

the respondent to the application for the mandatory treatment order;

the appointed psychiatrist in relation to the mandatory treatment order;

any other person on whom the application or notice of appeal is directed by the tribunal to be served.

Order 2, Rules 10(5) and 12(5), Order 18, Rule 19(2) and Order 19, Rule 15(2) of the Rules of Court 2021 do not apply to any appeal in relation to any of the decisions mentioned in paragraph (1).

Unless provided for in the Rules of Court 2021 or the tribunal otherwise directs, documents that are to be served must be served on the persons mentioned in paragraph (2) within 7 days after the date on which the document is filed.PART 3CSettlement AgreementSPeriod within which settlement agreement must be registered13H. For the purposes of section 31A(2)(a), a tribunal may refuse to register a settlement agreement as an order of the tribunal if the application to register the settlement agreement is not made within 4 weeks after the date on which the settlement agreement is signed by or on behalf of all parties to the settlement agreement.Application for registration of settlement agreement under section 31A(1)13I.—

Any party to a settlement agreement may, with the consent of all the other parties to the settlement agreement, apply to a tribunal to register the settlement agreement as an order of the tribunal by filing the relevant Form and all the following supporting materials:

a copy of the settlement agreement which is the subject of the application;

a memorandum reflecting the consent of all parties to the registration of the settlement agreement.

On the tribunal’s registration of a settlement agreement, the Registrar must serve on the party who made an application under paragraph (1) a notice of registration.

The party who made the application to register a settlement agreement must, on receiving the notice of registration under paragraph (2), immediately send a copy of that notice, together with a copy of the registered settlement agreement, to each of the other parties to the settlement agreement.

To avoid doubt, a tribunal or the Registrar may, on the tribunal’s or the Registrar’s own motion (as the case may be) or on the application of any party to a settlement agreement, set aside the registration of a settlement agreement or a particular term or terms of a settlement agreement as an order of the tribunal made under section 5, where there was a change in the circumstances or it is just and equitable to do so. (5) For the purposes of paragraph (4), the tribunal or the Registrar must consider the following:

if the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;

if the settlement agreement includes subject matter that does not relate to a dispute which may form the basis for a claim under section 4;

if the settlement agreement or any term of the settlement agreement is not capable of enforcement as an order of a tribunal; (d)if the registration of the settlement agreement or any term of the settlement agreement is contrary to public policy.PART 3DMEASURES FOR DEALING WITH Unmeritorious or vexatious proceedingsApplication for order under section 31B 13J.—

An application for an order under section 31B(1)(a), (b) or (c), (2) or (3) must be made by filing —

the relevant Form; and

any supporting evidence to prove the matters stated in the application.

The applicant must, within 7 days after the date on which the application and the supporting evidence are filed, serve the application and the supporting evidence on the respondent.

The applicant must file a declaration of service in the relevant Form within 3 days after the date on which the application and the supporting evidence are served on the respondent.

A respondent who intends to contest the application must, within 14 days after being served with the application and the supporting evidence, file and serve on the applicant —

a reply in the relevant Form; and

any supporting evidence to prove the matters stated in the reply.

Except with the permission of the tribunal, no other document or evidence may be filed or served for the purposes of the application.Application for permission to commence action or make application, or for permission to apply to amend, vary or discharge civil restraint order 13K.—

Where an extended civil restraint order or a general civil restraint order is in force against a party, an application by that party for permission of a tribunal to commence an action must be made by filing —

the relevant Form; and

any supporting evidence to prove the matters stated in the application.

Where any civil restraint order is in force against a party, an application by that party for permission of a tribunal to make an application (except in an application for permission made under paragraph (4)) must be made by filing —

the relevant Form; and

any supporting evidence to prove the matters stated in the application.

Before a tribunal grants permission to the applicant to commence an action or make an application (except in an application for permission made under paragraph (4)), the tribunal must give every intended respondent to the intended action or application a reasonable opportunity to be heard.

Where any civil restraint order is in force against a party, an application by that party for permission of a tribunal to apply to amend, vary or discharge the civil restraint order must be made by filing —

the relevant Form; and

any supporting evidence to prove the matters stated in the application.

Before a tribunal grants permission to the applicant to apply to amend, vary or discharge any civil restraint order, the tribunal must give every other party to the proceedings pursuant to which that civil restraint order was made (including the applicant of that civil restraint order, if any) a reasonable opportunity to be heard.Action commenced or application made without permission, etc.13L.—

Where a party, who is subject to an extended civil restraint order or a general civil restraint order, commences an action without the permission of a tribunal under section 31D(3)(a) or 31E(2)(a), as the case may be —

any other party to the action made without such permission, or to the proceedings pursuant to which that civil restraint order was made (including the applicant of the civil restraint order, if any), may inform the Registrar of this in writing; and

the Registrar may, on being informed of this under sub‑paragraph (a), or on the Registrar’s own motion, record that the action is treated as struck out pursuant to section 31D(4) or 31E(3), as the case may be.

Where a party, who is subject to any civil restraint order, makes an application, or applies to amend, vary or discharge that civil restraint order, without the permission of a tribunal under section 31C(2)(a) or (b), 31D(3)(a) or (b) or 31E(2)(a) or (b), as the case may be —

any other party to the application made without such permission, or to the proceedings pursuant to which that civil restraint order was made (including the applicant of the civil restraint order, if any), may inform the Registrar of this in writing; and

the Registrar may, on being informed of this under sub‑paragraph (a), or on the Registrar’s own motion, record that the action is treated as dismissed pursuant to section 31C(3), 31D(4) or 31E(3), as the case may be.

Where a party, who is subject to any order mentioned in section 31B(2) or (3), files any document in the proceedings in respect of which that order was made —

any other party to those proceedings pursuant to which that order was made (including the applicant of the order, if any), may apply for that document to be struck out; and

the tribunal may, on an application under sub‑paragraph (a), or on the tribunal’s own motion, strike out that document.”.