Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 2 · Simplified Process for Certain Intellectual Property Claims
5. Claimant may elect for this Part to apply, etc.
Feedback & supportThis Part applies to an originating claim if the claimant files and serves —
the form to elect for this Part to apply; and
the form to abandon any claim for monetary relief in excess of $500,000.
Where this Part applies to an originating claim because of paragraph (1), a defendant that makes a counterclaim must —
file and serve the form to abandon any claim for monetary relief in excess of $500,000;
inform the Court by letter that the defendant agrees to the application of this Part; or
inform the Court by letter that —
the defendant does not intend to file the form mentioned in sub‑paragraph (a); and
the defendant does not agree to the application of this Part.
Despite paragraph (1), this Part does not apply if the Court considers that the originating claim is not suitable to be heard and disposed of under this Part and makes an order for this Part not to apply.
An order under paragraph (3) may be made by the Court on its own motion or on the application of a party (including a defendant that has not made a counterclaim).
Subregulation 1
This Part applies to an originating claim if the claimant files and serves —
the form to elect for this Part to apply; and
the form to abandon any claim for monetary relief in excess of $500,000.
Subregulation 2
Where this Part applies to an originating claim because of paragraph (1), a defendant that makes a counterclaim must —
file and serve the form to abandon any claim for monetary relief in excess of $500,000;
inform the Court by letter that the defendant agrees to the application of this Part; or
inform the Court by letter that —
the defendant does not intend to file the form mentioned in sub‑paragraph (a); and
the defendant does not agree to the application of this Part.
Subregulation 3
Despite paragraph (1), this Part does not apply if the Court considers that the originating claim is not suitable to be heard and disposed of under this Part and makes an order for this Part not to apply.
Subregulation 4
An order under paragraph (3) may be made by the Court on its own motion or on the application of a party (including a defendant that has not made a counterclaim).