Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 2 · Simplified Process for Certain Intellectual Property Claims
6. Court may make order for this Part to apply
Feedback & supportThis Part also applies to an originating claim if the Court considers that the originating claim is suitable for this Part and makes an order for this Part to apply.
An order under paragraph (1) may be made by the Court on its own motion or on the application of a party.
A party may not make an application under paragraph (2) unless —
the party files and serves the form to abandon any claim for monetary relief in excess of $500,000;
the party (being the defendant) is not making any counterclaim; or
all parties agree to the application of this Part.
Subregulation 1
This Part also applies to an originating claim if the Court considers that the originating claim is suitable for this Part and makes an order for this Part to apply.
Subregulation 2
An order under paragraph (1) may be made by the Court on its own motion or on the application of a party.
Subregulation 3
A party may not make an application under paragraph (2) unless —
the party files and serves the form to abandon any claim for monetary relief in excess of $500,000;
the party (being the defendant) is not making any counterclaim; or
all parties agree to the application of this Part.