New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SCHEDULE F

SCHEDULE F – Forms

Pt 1, r 11.

Note:

1. See Parts 1 and 65 generally, Part 66 rule 9, Part 76 rule 3 (protective proceedings), Part 78 rules 3 and 4 (probate proceedings).

2. Where a party is appearing in person, the appropriate alterations should be made to these forms.

3. The heading and title must appear in these forms as indicated in Form 1 unless otherwise indicated or required. As to the title, see Part 65 rule 1, Part 6 rule 3, Part 73 rules 4 and 5 (

4. Where Part 65 rule 8 and Part 66 rule 9 apply to a form, the form should conclude in accordance with form 4.

5. Underlining is not necessary.

6. Where Registrar appears, Prothonotary should be substituted if the proceedings are in the Common Law Division (section 119).

7. The requirements for folding a document and for a backsheet have been discontinued. See Form 1.

Form 1

(First page of a document. See Part 65 rule 1.)

(Leave clear a space of about 50 millimetres from the top of the page.)

Form 2

(To be set out in accordance with Form 1)

JOHN LEE and others
plaintiffs

JAMES STYLES
defendant
and cross-claims

(See Part 65 rule 1 (4).)

Form 3

(To be set out in accordance with Form 1)

The application of HENRY JONES

(See Part 65 rule 1 (3).)

Form 4

(Conclusion of documents for signature by a party unless otherwise indicated or required.)

(Signature)
Plaintiff’s solicitor

Filed (dated if not filed): 7 May 19.

(On an originating process or notice of appearance add the full name of the solicitor after “solicitor”. The appropriate alteration must be made where Part 66 rule 9 (3) (relating to signature for a solicitor) applies. See also Part 65 generally.)

Form 5

P 4, r 1.

STATEMENT OF CLAIM

The plaintiff claims:

(Particulars under Part 16 may be given by a heading, for example:

PARTICULARS OF INJURIES

(These particulars may appear in the relevant place in the statement of facts or separately after the relief claimed, whichever is convenient.)

To the defendant (address):

1. You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial, “or Sub-Registry”) within (14) days after service of this Statement of Claim upon you and you comply with the rules of court relating to your defence.

(or, where the proceedings are or include proceedings on a claim in respect of defamation-

1. If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified below, the proceedings may be heard and you will be liable to suffer judgment or an order against you in your absence. Before any attendance at that time you must enter an appearance in the Registry (or, where a place in the Riverina or the Central West or the Northern Rivers district is the place named for attendance add “or Sub-Registry”).

2. (Where the defendant is a corporation, add: A Corporation may not enter an appearance in, or defend, any proceedings otherwise than by a solicitor or by a director authorised in accordance with Part 11 rule 1A of the Supreme Court Rules 1970 .)

3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of this Statement of Claim upon you, pay to the plaintiff or his solicitor the amount claimed (and, where the claim is for a liquidated demand together with an order for interest under section 94 of the Act, add- together with interest at the rate claimed or at (specify the rate fixed by Part 7 rule 4) per cent yearly whichever is less, from the beginning of the period for which interest is claimed until the date of payment (or as the case may require: see Part 7 rule 4 (2)) and also $for costs. Further proceedings against you will be stayed when you also file a prescribed form of notice of payment.)

4. (Where Part 7 rule 8 (1) (a) applies, add: The plaintiff does not seek to disturb the occupation of (name of occupier).)

(Where Part 33 rule 2 (2) applies, add: Nominated place for trial: (here state a place appointed for sittings of the Court).)

(Where the proceedings are or include proceedings on a claim in respect of defamation, add the time and place for attendance)

Plaintiff: (name, address) (a minor)

(Tutor: (name, address))

Plaintiff’s address for Service: (Part 9 rule 6)

Address of Registry:

(where a place in the Riverina is the nominated place of trial, add “Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”).

(where a place in the Central West is the nominated place of trial, add- “Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”).

(where a place in the Northern Rivers district is the nominated place of trial, add- “Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope.”).

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 6

P 5, r 3.

SUMMONS

The Plaintiff claims-

1. An order that (or as required)

2. An order that (or as required)

1. A declaration that

2. An order that (or as required)

(or)

The plaintiff claims an order that

(Where there is a defendant, add the following:

To the defendant (address):

The return day of this summons is:

Date:Time:Place:

If there is no attendance before the Court by you or by your counsel or solicitor at the date, time and place specified above, the proceedings may be heard and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must enter an appearance in the Registry (or, where a place in the Riverina or the Central West or the Northern Rivers district is the place named for attendance add “or Sub-Registry”).

(Where the defendant is a corporation, add: A Corporation may not enter an appearance in, or defend, any proceedings otherwise than by a solicitor or by a director authorised in accordance with Part 11 rule 1A of the Supreme Court Rules 1970 .)

(Where the time for service under Part 5 rule 3 (3) has been abridged, add-

The time before which this summons is to be served has been abridged by the Court to 5 p.m. on 5 May 19, or as the case may require).

Plaintiff: (name, address) (a minor)

(Tutor: (name, address))

Plaintiff’s Address for Service: (Part 9 rule 6)

Address of Registry:

(where a place in the Riverina is the place named for attendance, add “Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”).

(where a place in the Central West is the place named for attendance, add- “Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”).

(where a place in the Northern Rivers District is the place named for attendance, add- “Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

(This form does not apply to proceedings in the Court of Appeal)

Form 7

Form 8

P 5, r 5.

APPOINTMENT FOR HEARING

The Court appoints 7 May 19, at 10 a.m. at (address of Court) for the hearing.

(Signature and description of officer of the Court)

Filed: 31 March 19.

Form 9

P 6, r 11.

(To be set out in accordance with Form 1)

JOHN LEE
Plaintiff
JAMES STYLES
defendant
JAMES STYLES
cross-claimant
JOHN LEE
cross-defendant

DEFENCE AND CROSS-CLAIM

DEFENCE

CROSS-CLAIM

The cross-claimant JAMES STYLES claims-

(Particulars under Part 16 may be given in the manner indicated in the prescribed form of Statement of Claim under Part 4 rule 1, Form 5.)

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 10

(Read this form with Form 1.)

P 6, r 11.

SECOND CROSS-CLAIM

The cross-claimant to the second cross-claim HENRY JONES claims-

(Particulars under Part 16 may be given in the manner indicated in the form of Statement of Claim under Part 4 rule 1, Form 5.)

To WILLIAM SMITH (address):

1. You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial, “or Sub-Registry)” within (14) days after service of this statement of cross-claim upon you and you comply with the rules of court relating to your defence.

2. (Where the defendant is a corporation, add: A Corporation may not enter an appearance in, or defend, any proceedings otherwise than by a solicitor or by a director authorised in accordance with Part 11 rule 1A of the Supreme Court Rules 1970 .)

3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of this Second Cross-claim upon you, pay to HENRY JONES or his solicitor the amount claimed (and where the claim is for a liquidated demand together with an order for interest under section 94 of the Act, add -Together with interest at the rate claimed or at (Specify the rate fixed by Part 7 rule 4) per cent yearly whichever is less, from the beginning of the period for which interest is claimed until the date of payment (or as the case may require: see Part 7 rule 4 (2)) and also $for costs. Further proceedings against you will be stayed when you also file a prescribed form of Notice of Payment.)

Cross-claimant to the second cross-claim: (name, address) (a minor).

(Tutor: (name, address))

Plaintiff’s address for Service:

Defendant’s Address for Service:

Address for Service for cross-claimant to the first cross-claim:

Address for Service for cross-defendant to the first cross-claim:

Address for Service for cross-claimant to the second cross-claim: (Part 9 rule 6)

Address of Registry:

(where a place in the Riverina is the nominated place of trial, add “Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”.).

(where a place in the Central West is the nominated place of trial, add -“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.).

(Where a place in the Northern Rivers district is the nominated place of trial, add -“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 11

Form 11A

P 6, r 13 (1).

(Cross-claim against plaintiff in summons)
(Heading and title as in Form 9)

CROSS-CLAIM

The cross-claimant JAMES STYLES claims-

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 11B

Form 12

P 7, r 4.

NOTICE OF PAYMENT

On 10 May 19, the defendant paid to the plaintiff $, made up as follows:

Form 13

P 7, r 8.

NOTICE OF CLAIM FOR POSSESSION

To (name of occupier or “the occupier”) of (describe land).

In the document served with this notice the plaintiff claims possession of the above land. You are served as a person in occupation of it or of part of it.

You may apply to the Court for an order that you be added as a defendant.

If you do not so apply within (10) days after this notice is served upon you (or, where the document served with this notice is a summons, at or before the appointment for hearing stated in the summons served with this notice) you may be evicted from the above land pursuant to a judgment entered in your absence.

Form 13A

P 10, r 2A.

(Notice to defendant served outside Australia)

To the Defendant:

1. The Court may, on application made by you in accordance with the rules of Court, set aside the service on you of this statement of claim (or summons or as the case may be) where-

(a) service is not authorised by the rules of the Court; or

(b) this Court is an inappropriate forum for the trial of the proceedings.

2. Alternatively you may submit to the jurisdiction of the Court by filing the prescribed form of unconditional notice of appearance.

3. If you do not make an application under paragraph 1 or file a notice under paragraph 2, the Court may give leave to the plaintiff to proceed against you.

Form 14

P 10, r 8 (a) (v).

REQUEST FOR SPECIAL SERVICE

It is requested that the sealed copy of (description of document) be served on (name) (whose address is) in (country) by (describe special manner).

(Follow the prescribed form of conclusion of documents for use by a party, Form 4 and, after the translation, add the certificate.)

I (name), of (address), certify-

1. that what appears above is a translation of the document annexed and marked “A”;

2. that my qualifications to translate from the English language to the (name) language are (state qualifications).

Dated 7 May 19.

(signed)

(The annexure must bear a note in the same language -“This is the annexure marked “A” referred to in my certificate dated 7 May 19”.)

Form 15

P 10, r 10.

REQUEST FOR SERVICE

To the Prothonotary:

I (name) request that a sealed copy of (description of document) be transmitted to (country) for service on(name), of(address)(pursuant to the Convention made betweenand) and I undertake to pay to you an amount equal to the sum of all expenses incurred in consequence of this request.

Form 16

P 11, r 4.

NOTICE OF APPEARANCE

JAMES STYLES
of (address) appears.

(Include any statement under Part 11 rule 4 (3).)

(He is a minor (mentally disabled person); his tutor is ROBERT STYLES.) (Where the appearance is entered under Part 78 rule 34H (1), add:

This appearance is entered under Part 78 rule 34H (1).)

(Where a defendant wishes to make a request under Part 11 rule 5 (3) add:

The Registrar is requested to deal with the copy (two copies) of this Notice under Part 11 rule 5 (3).)

(Add any other notices permitted by the rules to be added, for example, under Part 15 rule 12 relating to money claims.)

Address for service: (The office of his solicitor, or as the case may be; see Part 9 rule 6.)

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

(This notice of appearance may be added to a Notice of Motion of a person applying to be added as a defendant, for example, under Part 8 rule 8 (3).)

Form 17

P 15, r 3.

DEFENCE

DEFENCE OF JAMES STYLES

1. This defendant denies, etc.)

(For a Defence to a Cross-claim see the prescribed form of Defence and Cross-claim under Part 6 rule 3, Form 9.)

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 18

P 15, r 4.

REPLY

(Plead as required by the rules, and see Part 15 rule 21, relating to joinder of issue.)

Form 19

P 15, r 4 (2).

REPLY AND DEFENCE TO CROSS-CLAIM

REPLY

(Plead as required by the rules.)

DEFENCE TO CROSS-CLAIM

(Plead as required by the rules.)

()

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 20

P 15, r 12 (3).

NOTICE TO PLEAD FACTS

To the plaintiff (cross-defendant): The defendant (cross-claimant), pursuant to Part 15 rule 12 (3) requires you (in respect of your Cross-claim) to plead the facts on which you rely.

Form 20A

(Affidavit verifying statement of claim)

P 15, r 23.

AFFIDAVIT

On19(name) of (address), (occupation)
say on oath-

1. I am the plaintiff (or as the case may be; see Part 15 rule 23 (4) (a)).

2. I believe that the allegations of fact in the statement of claim set out above (or annexed hereto marked “A”) are true.

Sworn, etc.

Form 20B

(Affidavit verifying defence)

P 15, r 23.

AFFIDAVIT

On 7 May 19I (name) of (address), (occupation) say on oath-

1. I am the defendant (or as the case may be; see Part 15 rule 23 (4) (a)).

2. I believe that the allegations of fact which are denied in the defence set out above (or annexed hereto marked “A”) are untrue.

3. Having made reasonable inquiries, I do not know that the allegations of fact which are stated in that defence to be not admitted are true.

4. I believe that the allegations of fact in that defence are true.

Sworn, etc.

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 20C

P 17, r 4 (2)

AFFIDAVIT OF DEBT

On (date) I, (name, address and occupation), say on oath:

1. (Set out the matters referred to in Part 17 rule 4 (2) (c))

2. (Set out the matters referred to in Part 17 rule 4 (2) (d))

3. I believe that the defendant is indebted to {me or the plaintiff} in respect to the cause of action the subject of these proceedings in the sum of $(amount), made up as follows:

	$
Amount owing at the time of commencement of proceedings:
[Explain any discrepancy between this amount and the amount claimed in the statement of claim]
[If applicable Interest accrued from the date of commencement of proceedings to the date hereof:
Give particulars of the rate of interest, the amount on which it is charged and the period during which it is charged]
[Give date and amount of any payment made or credit accrued, since the commencement of proceedings, that reduces the amount for which judgment is sought and deduct it from the total]
TOTAL	(total)

4. [If applicable Interest will continue to accrue at the rate of $(amount) per day until judgment (subject to any future payment on account of the debt).]
[If an order for interest under section 94 of the

5. No payment has been made, and no credit has accrued, since the commencement of proceedings that reduces the amount for which judgment is sought [if applicable other than as set out above].

6. {I am or The plaintiff is} entitled to judgment for costs of $(amount) made up as follows:

(Give particulars of how costs are made up)

Form 21

NOTICE TO ADMIT FACTS

P 18, rr 2, 5.

(AND AUTHENTICITY OF DOCUMENTS)

To the defendant:

The plaintiff requires you to admit for the purpose of these proceedings only-

(The plaintiff requires you to admit for the purpose of these proceedings only the authenticity of the following documents-

If you do not, within 14 days after service of this notice upon you, serve a notice upon the plaintiff disputing any fact (and the authenticity of any document) above specified, that fact (and the authenticity of that document) shall, for the purpose of these proceedings, be admitted by you in favour of the plaintiff.

Form 22

NOTICE DISPUTING FACTS

P 18, rr 2, 5.

(AND AUTHENTICITY OF DOCUMENTS)

The defendant disputes the following facts specified in the plaintiff’s notice dated 7 May 19-

(The defendant disputes the authenticity of the following documents which were specified in the plaintiff’s notice (or list of documents) dated 7 May 19-

(The defendant admits-

Form 23

P 19, r 2.

NOTICE OF MOTION

Applicant: (name and address and, if a party to the proceedings, description eg the plaintiff or the defendant JAMES STYLES) [where applicable a minor or as the case requires]

[Where applicable Tutor: (name and address)]

The applicant will at 9.30 am on (date) at (address of Court) apply to the Court for orders-

[Where the time for service under Part 19 rule 3 has been abridged, add-

The time before which this notice of motion is to be served has been abridged by the Court to {5 p.m. on 6 May 1995 or as the case requires}.]

To: The Respondent(s)

(set out name of each respondent and the address of any respondent who does not have an address for service in the proceedings).

If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified above, the application may be heard and an order may be made against you in your absence.

A respondent who has not already done so must enter an appearance in the proceedings before any attendance before the Court.

[Where the applicant does not have an address for service in the proceedings or any respondent is not a party to the proceedings, add-

Applicant’s address for service: (Part 9 rule 6)]

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

(As to a notice of motion in the Court of Appeal, see Form 62AA)

Form 24

P 20, r 7.

NOTICE OF AMENDMENTS

The (describe document) was amended on 7 May 19, pursuant to an order made on19(pursuant to Partrule) by-

Forms 25-32

Form 33

P 24, r 1.

NOTICE TO ANSWER INTERROGATORIES

Within (15) days after service of this notice upon each of them respectively, the defendant CD is required to answer interrogatories numbered 1 to 8 (and verify his answers) and the defendant EF is required to answer interrogatories numbered 1 to 12 (and verify his answers).

INTERROGATORIES

1. (State the question.)

2. (State the question.)

Form 34

P 24, r 6.

STATEMENT IN ANSWER TO INTERROGATORIES

The defendant CD answers the plaintiff’s interrogatories specified in notice dated 7 May 19as follows:

Form 35

P 24, r 6.

VERIFIED STATEMENT IN ANSWER TO INTERROGATORIES

The defendant EF Pty Ltd answers the plaintiff’s interrogatories specified in notice dated 7 May 19as follows:

(Follow the prescribed form of conclusion of documents for use by a party.)

AFFIDAVIT

On19, I(name), of(address) (occupation) say on oath:

1. I am the secretary of the defendant and am authorised to make this affidavit on its behalf.

2. (The deponent should state which of the answers are true to his own knowledge and which are true to the best of his knowledge, information and belief based on his inquiries of officers of the company and others and on his other investigations.)

Form 36

Form 37

P 26, r 2.

APPOINTMENT FOR DIRECTIONS

The Court appoints19at 10 a.m. at (address of Court) for a hearing for directions under Part 26 of the rules.

Dated1984.

Registrar

Form 38

P 27, r 1D.

ORDER FOR EXAMINATION

THE COURT ORDERS that (name) of (address within the State) be examined on oath before (name and address, or describe examiner.)

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 39

P 27, r 1D.

ORDER APPOINTING EXAMINER

THE COURT ORDERS-

1. That(name and address (or description))be appointed examiner for the purpose of taking the examination of a witness(name)of(address out of the State)in accordance with the rules of this Court (but without the power to compel a witness to attend, if this is required by a convention).

2. That the party obtaining this order give to each other interested party (4) days’ notice in writing of the date on which he proposes to send the minute of this order to the examiner.

3. That not less than (4) days after that notice has been given each party shall give to the other the name of his agent at(place)to whom notices may be sent.

(Complete as in general form of minute of order under Part 41 rule 11.)

(This form does not apply where a Judge or an associate Judge or other officer of the Court is appointed examiner.)

Form 40

P 27, r 1D.

ORDER

THE COURT ORDERS that a letter of request be issued to the judicial authorities of(country)to take or cause to be taken the evidence of (name).

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 41

P 29, r 2.

DEED

PARTICULARS

Signed sealed and delivered (and so on) (or as the case may be).

Forms 41A, 41B

Form 42

P 33, r 5.

NOTICE TO SET DOWN FOR TRIAL

The plaintiff requests that the proceedings be set down for trial-

(with a JURY) (omit this line if the trial is to be without a jury) at (state the place for trial as fixed by or under rule 2) generally (or for trial of the following issues: (state the issues)).

Form 43

P 34, r 3.

REQUISITION FOR TRIAL WITH A JURY

The plaintiff requires trial with a jury.

(or, where application is made by all parties under section 87 (1) of the Act: All parties require trial with a jury.)

Form 43A

P 36, r 12.

ORDER FOR PRODUCTION

To: (producing party)

Of: (address)

THE COURT ORDERS that:

1. You must produce this order for production and the documents specified in the schedule attached before the Court at(venue) at(time) on(date).

2. Instead of so attending, you may produce this order and the documents to the exhibits clerk on level 5 of the Supreme Court or post them to the said clerk c/- Supreme Court of New South Wales, GPO Box 3 Sydney 2001, in either case so that they are received no later than 2 days before the first date on which you are required to so attend.

3. You need not comply with this order if it is served on or after(a date which is 5 clear days before the first return date of the order).

ORDERED and ENTERED

NOTICE PURSUANT TO Part 42 rule 8 (3)

TAKE NOTICE that you will be liable to imprisonment or to sequestration of property if you refuse or neglect to produce the documents or things within the time specified in this order.

NOTE that:

The documents and things produced by you in accordance with this order may be returned at the conclusion of the examination by post to you at your address shown on this order but you may in writing on or attached to this order request that they be posted to you at another address given by you.

If you have incurred substantial expenses in complying with this order you may apply to the Court for payment of those expenses.

SCHEDULE

Form 44

P 36, r 14.

ORDER

THE COURT ORDERS that-

1. The Superintendent of (see section 42 of the), shall have (name), a inmate, before this Court to be examined as a witness and duly returned to confinement.

2. The first day on which he is required to have the inmate before the Court is 7 May 19at 10 a.m. at (address of Court).

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 45

P 36, r 16.

NOTICE TO PRODUCE

To the plaintiff:

The defendant requires you to produce at the trial (or otherwise specify the occasion or place or, where the notice is served with leave given under Part 36 rule 16 (1) add 7 May 19, a day fixed by the Court or where the notice is served pursuant to Part 36 rule 16 (1A) add 7 May 19, a day fixed pursuant to Part 36 rule 16 (1A)) the following documents for the purpose of evidence-

(Enumerate the documents or things.)

[If Part 77 rule 134A applies, add the wording required by the rule]

Form 45A

(Subpoena to a natural person)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION-FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the documents and things described in the schedule-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending; BUT-

(i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the documents and things described in the schedule to-

(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or

(B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you-

(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;

(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and

(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;

(ii) you need not comply with this subpoena-

(A) if-

(I) allowances and travelling expenses; or

(II) vouchers,

sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;

(B) if it is served on you after (9);

(C) if the party who requested the issue of this subpoena has excused you from compliance; or

(D) if it is not accompanied by-

(I) a copy of the order giving leave to serve it in New Zealand; and

(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;

(iii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.

SCHEDULE
(10)

Issued at the request of (12) whose address for service is (13).

See the reverse of this page.

On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add -

Note that-

(1) if you do not comply with this subpoena you may be arrested;

(2) if, by paragraph (c) (i) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to-

Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA

in accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(4) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;

(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena; and

(7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing the above form.

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) specify a date, for example 26 April 19, having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the

(9) specify a date, for example 19 April 19, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the

(10) description of documents and things.

(11) signature and description of officer of the Court.

(12) state person at whose request the subpoena was issued.

(13) address for service.

(This form applies only to subpoenas to which Part 2 of the)

Form 45B

(Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc. of documents.)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that-

1. (1), “the corporation”, shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to ATTEND AND PRODUCE them-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 am (3) and until the officer is excused by the Court from further attending; BUT-

(i) INSTEAD OF causing its proper officer to so ATTEND, THE CORPORATION MAY PRODUCE this subpoena and the documents and things described in the schedule to-

(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which the officer is required so to attend; or

(B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you-

(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;

(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and

(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;

(ii) the corporation need not comply with this subpoena-

(A) if-

(I) allowances and travelling expenses; or

(II) vouchers,

sufficient to meet the corporation’s reasonable expenses are not paid, or tendered to it, at the time of service or at some other reasonable time before it is required to comply with this subpoena;

(B) if it is served on the corporation after (9);

(C) if the party who requested the issue of this subpoena has excused the corporation from compliance; or

(D) if it is not accompanied by-

(I) a copy of the order giving leave to serve it in New Zealand; and

(II) a notice in the prescribed form setting out the corporation’s rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;

(iii) if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the Evidence Act 1898 would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;

(iv) the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.

2. the officer who is to attend shall make enquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.

SCHEDULE
(10)

Issued at the request of (12) whose address for service is (13).

Note that-

(1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means;

(2) if, by paragraph (c) (i) (A), the corporation is permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, it may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to-

Exhibits Clerk,
Exhibits Office,
Level 5,
Supreme Court of N.S.W.,
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA

in accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(4) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may, in writing on or attached to this subpoena, request that they be posted to it at another address given by it;

(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;

(7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing this form.

(1) name of corporation.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) specify a date, for example 26 April 19, having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the

(9) specify a date, for example 19 April 19, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the

(10) description of documents and things.

(11) signature and description of officer of the Court.

(12) state person at whose request the subpoena was issued.

(13) address for service.

If the reverse side of a page is used, add to the foot of the front of the page “See the reverse of this page.” and keep clear a margin of 25 millimetres on the right hand side.

(This form applies only to subpoenas to which Part 2 of the)

Form 45C

(Subpoena for production of original or photocopies of medical records.)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION-FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the medical records, or clear sharp photocopies of them, described in the schedule (in this subpoena called the “scheduled documents”)-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending; BUT-

(i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the scheduled documents to-

(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours, BEFORE THE DATE on which you are required so to attend; or

(B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you-

(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;

(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and

(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;

(ii) you need not comply with this subpoena-

(A) if $ (the amount prescribed by Part 37 rule 7A (4)) have not been paid or tendered to you;

(B) if, in addition to the amount referred to in the preceding paragraph,-

(I) allowances and travelling expenses; or

(II) vouchers,

sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;

(C) if it is served on you after (9);

(D) if the party who requested the issue of this subpoena has excused you from compliance; or

(E) if it is not accompanied by-

(I) a copy of the order giving leave to serve it in New Zealand; and

(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;

(iii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.

SCHEDULE
(10)

Issued at the request of (12) whose address for service is (13).

See the reverse of this page.

On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add -

Note that-

(1) if you do not comply with this subpoena you may be arrested;

(2) if, by paragraph (c) (i) (A), you are permitted to produce the subpoena and the scheduled documents to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to-

Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.,
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA

in accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(4) documents produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;

(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(6) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) specify a date, for example 26 April 19, having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the

(9) specify a date, for example 19 April 19, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the

(10) description of the medical records.

(11) signature and description of officer of the Court.

(12) state person at whose request the subpoena was issued.

(13) address for service.

(This form applies only to subpoenas to which Part 2 of the)

Form 45D

P 36A, r 3 (5).

SUBPOENA TO GIVE EVIDENCE-FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall attend for the purpose of giving evidence-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending; but-

(i) you need not comply with this subpoena-

(A) if-

(I) allowances and travelling expenses; or

(II) vouchers,

sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;

(B) if it is served on you after (8);

(C) if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (9);

(D) if the party who requested the issue of this subpoena has excused you from compliance; or

(E) if it is not accompanied by-

(I) a copy of the order giving leave to serve it in New Zealand; and

(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;

(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.

Issued at the request of (11) whose address for service is (12).

Note that-

(1) if you do not comply with this subpoena you may be arrested;

(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (13) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;

(3) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;

(4) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing the above form.

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) specify a date, for example, 29 April 19, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d)) and Part 37 rule 7 (7), which is not later than 5 days before the date mentioned in note (

(9) specify a date, for example, 15 April 19, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (

(10) signature and description of officer of the Court.

(11) state person at whose request the subpoena was issued.

(12) address for service.

(13) the amount prescribed by Part 37 rule 3A.

(This form applies only to subpoenas to which Part 2 of the.)

Form 45E

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE-FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending; but-

(i) you need not comply with this subpoena-

(A) if-

(I) allowances and travelling expenses; or

(II) vouchers,

sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;

(B) if it is served on you after (8);

(C) if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (9);

(D) if the party who requested the issue of this subpoena has excused you from compliance; or

(E) if it is not accompanied by-

(I) a copy of the order giving leave to serve it in New Zealand; and

(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;

(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance or production to a later time;

(iii) you may produce this subpoena and the documents and things described in the schedule to-

(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or

(B) any registry of the High Court of New Zealand not later than (10) PROVIDED THAT you-

(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;

(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and

(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;

SCHEDULE
(11)

Issued at the request of (13) whose address for service is (14)

See the notes on the reverse of this page.

On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add -

Note that-

(1) if you do not comply with this subpoena you may be arrested;

(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $(15) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;

(3) if, by paragraph (c) (iii) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to him by hand at the Exhibits Office, Level 5 at that place or by posting them to-

Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA

in accordance with paragraph (c) (iii) (A);

(4) in subparagraph (c) (iii) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(5) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;

(6) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(7) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;

(8) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing the above form.

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) specify a date, for example 19 April 19, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the

(9) specify a date, for example, 15 April 19, having regard to Part 2 rule 2 and Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (

(10) specify a date, for example 26 April 19, having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the

(11) description of documents and things.

(12) signature and description of officer of the Court.

(12) state person at whose request the subpoena was issued.

(14) address for service.

(15) the amount prescribed by Part 37 rule 3A.

(This form applies only to subpoenas to which Part 2 of the.)

Form 45F

P 36A, r 5 (1).

CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA

I certify that:-

(a) On (date) leave under section 9 of the Evidence and Procedure (New Zealand) Act 1994 of the Commonwealth was given to serve in New Zealand a subpoena issued by this Court;

(b) A copy of the subpoena and a copy of the order giving leave are annexed to this certificate;

(c) (name of person named), the person named in the subpoena, failed to comply with it; and

(d) {No application to set aside the subpoena either wholly or in part has been made.

OR

An application to set aside the subpoena was dismissed by order made on (date). A copy of this order is annexed to this certificate.}

Form 45G

P 36A, r 6 (7).

OBJECTION TO DETERMINATION WITHOUT HEARING

The (identify objector) objects to the application to set aside the subpoena (identify subpoena) being determined without a hearing.

Form 45H

P 36A, r 6 (8).

REQUEST FOR HEARING BY VIDEO LINK OR TELEPHONE

The (applicant) requests that the hearing of the application to set aside the subpoena (identify subpoena) be heard by video link or telephone.

Form 46 - Subpoena

(Part 37, rule 3 (1))

APPLICANT/PLAINTIFF:

RESPONDENT/DEFENDANT:

Subpoena

SUBPOENA

YOU ARE ORDERED:

□ * to attend to give evidence-see section A of this form, or

□ * to produce this subpoena or a copy of it and the documents or things specified in the Schedule-see section B of this form, or

□ * to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule-see section C of this form

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last date for service of this subpoena is:
(See Note 1)

Please read Notes 1 to 15 at the end of this subpoena.

[Seal or Stamp of the Court]

Date:

Issued at the request of [name of party], whose address for service is:

Subpoena

A Details of subpoena to attend to give evidence only

Date, time and place at which you must attend to give evidence:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

Subpoena

B Details of subpoena to produce only

You must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production, or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the address below so that they are received not less than 2 clear days before the date specified for attendance and production. (See Notes 5-11)

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:

Date:

Time:

Place:

Address to which the subpoena (or copy) and documents or things may be delivered or posted:

The Exhibits Office
Level 5, Supreme Court of NSW
GPO Box 3, Sydney 2001

Subpoena

Schedule

The documents and things you must produce are as follows:
[If insufficient space attach list]

Subpoena

C Details of subpoena both to attend to give evidence and to produce

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production, or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the address below so that they are received not less than 2 clear days before the date specified for attendance and production. (See Notes 5-11)

Date, time and place at which you must attend to produce the subpoena or a copy of it and the documents or things:

Date:

Time:

Place:

Address to which the subpoena or a copy of it and documents or things may be delivered or posted:

The Exhibits Office
Level 5, Supreme Court of NSW
GPO Box 3, Sydney 2001

Subpoena

Schedule

The documents and things you must produce are as follows:
[If insufficient space attach list]

Notes

Forms 46A-48

Form 49

P 38, r 2.

AFFIDAVIT

On 7 May 19I (name, address and occupation) say on oath-

1.

2.

AFFIDAVIT

On 7 May 19I (name, address and occupation) and on 11 May 19I (name, address and occupation) say on oath-

1. We are the directors of etc.

2. I the said (name) am a director of etc.

(where Part 38 rule 2 (3) (a) applies,

It appearing to me that the deponent is blind, I certify that this affidavit was read to him in my presence and that he seemed to understand it.

(signature))

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 50

P 41, r 10.

1. General form of judgment:

JUDGMENT-

that-(terms of the judgment, in numbered paragraphs, if necessary).

This judgment takes effect on (insert the date fixed by reference to Part 40 rule 3).

2. Terms of particular judgments:

(a) Damages to be assessed
JUDGMENT-
that the defendant is liable to the plaintiff for damages and for costs.
THE COURT ORDERS that the damages be assessed.

(b) Debt or damages
JUDGMENT-
that the defendant pay to the plaintiff $(amount of debt or damages) and $costs (or as the case may be).

(c) Possession of land
JUDGMENT-
1. that the defendant give the plaintiff possession of the land described in the schedule (but so as not to disturb the occupation of (name of occupier));
2. that the defendant pay to the plaintiff $costs (or as the case may be).
SCHEDULE
(describe land)

(d) Detention of goods.
JUDGMENT-

that the defendant is liable to the plaintiff-
1. for the value of (or delivery to the plaintiff of) the goods described in the schedule;
2. (for damages; and
3. ) for costs.

THE COURT ORDERS that the value of the goods (and the damages) be assessed.
SCHEDULE
(describe goods)
(In the above form, where judgment is entered by default under Part 17 rule 6, omit the appropriate words in brackets according to whether rule 6 (a) or (b) applies.)

(e) Detention of goods.
JUDGMENT-
1. that the defendant deliver to the plaintiff the goods described in the schedule (or pay to the plaintiff $, the value of the goods described in the schedule);
2. that the defendant pay to the plaintiff $damages; and
3. that the defendant pay to the plaintiff $costs (or as the case may be).

SCHEDULE

(described goods)

(Where judgment is obtained under section 93 omit the words in brackets.)

Form 51

(General form of minute of order.)

P 41, r 11.

ORDER

THE COURT ORDERS that-

1.

2.

3.

Ordered 7 May 19and entered 11 May 19.

FORM 51A

(Certificate under section 13 of the)

P 41, r 15B (2).

CERTIFICATE

I certify that-

(a) a statement of claim (or summons), a copy of which is annexed hereto marked “A”, was filed in the registry of the Division of this Court on (date) by (name), the abovenamed plaintiff, claiming against (name), the abovenamed defendant, payment of the sum of (amount) (or state shortly the nature of the relief claimed) in respect of (state shortly the causes of action);

(b) the said statement of claim (or summons) was on (date) served on the said defendant (state the mode of service) (or the said defendant entered an appearance on (date));

(c) the said plaintiff obtained judgment against the said defendant in this Court for payment of the sum of (amount) (or state shortly the terms of the judgment) in respect of (state shortly the causes of action) together with $for costs;

(d) the said judgment was obtained (state the grounds on which the judgment was based);

(e) the following (or no) objections have been made to the jurisdiction of this Court (state the objections, if any);

(f) (state the position relating to the time for appealing or discharging or setting aside the judgment or for apply for a new trial or for a stay of execution);

(g) (where the judgment was entered by default), the defendant may apply, but has not applied, to set aside the judgment;

(h) notice of appeal has (or has not) been filed;

(If interest is payable on the judgment

(i) (where the rate of interest is specified in the judgment interest is payable from (date of judgment) at the rate of (rate)% yearly on so much of the sum of (amount) as is from time to time unpaid;)
(otherwise
interest is payable-

(i) from (date of judgment) up to and including the date hereof at the following rate (or rates)-

(rate prescribed by Part 40 rule 7 (2) or, where more than one rate applies, the prescribed rates and the period during which each rate applies); and

(ii) from the date hereof at the rate of (prescribed rate applicable at the date of the certificate), or at such other rate or rates as may be prescribed from time to time,

on so much of the sum of (amount) as is from time to time unpaid;))

(j) (give information, similar to that contained in (j), in respect of costs of the proceedings.)

(k) (any other necessary particulars);

(l) the costs of obtaining this certificate and copy of a minute of the judgment are $(see Part 52A rule 47).

Dated

Form 52

P 42, r 4.

WRIT OF POSSESSION

TO THE SHERIFF:

In respect of the judgment entered on 7 May 19, enter the land described in the schedule and cause the plaintiff (name) to have possession of it (but, so as not to disturb the occupation of (name, description and extent of restriction as directed in the judgment)), (and levy on the property of (name), which is authorised to be taken in execution for-

continue as in Writ for Levy of Property, Form 57)

SCHEDULE

(Describe the land as in the judgment.)

Issued19.

Issued at the request of (the plaintiff (name and address)or(name)of (address and telephone number) solicitor for the plaintiff (name and address)),

(The defendant resides at (address)).

Form 53

P 42, r 5.

WRIT OF SPECIFIC DELIVERY

TO THE SHERIFF:

In respect of the judgment entered on 7 May 19, cause the goods described in the schedule to be delivered to(name)(and levy on the property of(name)which is authorised by law to be taken in execution for-

continue as in Writ for Levy of Property, Form 57)

SCHEDULE

(Describe the goods as in the judgment.)

Issued19.

Issued at the request of (the plaintiff (name and address)or(name)of (address and telephone number) solicitor for the plaintiff (name and address)),

(The defendant resides at (address).)

Form 54

P 42, r 5.

WRIT OF DELIVERY

TO THE SHERIFF:

In respect of the judgment entered on 7 May 19, cause the goods described in the schedule to be delivered to(name)(and levy on the property of(name), which is authorised by law to be taken in execution-

(a) if you cannot cause the goods to be so delivered, for $(amount of value of goods assessed under the judgment);

(b) for the amount payable under the judgment, being $(amount of damages) on 1 June 19

(c) for $, being costs of this writ;

(d) for your fees; and

(e) for $, being amount recoverable under section 107 (1) of the Service and Execution of Process Act 1992 ,

SCHEDULE

(Describe the goods as in the judgment.)

Issued19.

Issued at the request of (the plaintiff (name and address)or(name)of(address and telephone number) solicitor for the plaintiff (name and address)),

(The defendant resides at (address)).

Form 55

P 42, r 8 (3).

(No heading or title: for subscribing to the minute of order.)

To(name of corporation)and(name of officer):

If(name of corporation)neglects to obey this order within the time specified in the order (disobeys this order, as the case may be)(name of officer)and(name of corporation)will be liable to sequestration of property and(name of officer)to imprisonment.

Form 56

P 43, r 1.

ORDER

THE COURT ORDERS that-

1. JAMES STYLES of(address)shall attend-

(a) before (the Prothonotary or as the case may be);

(b) at (address of Court or place);

(c) on 7 May 19at 10 a.m. and until he is excused from further attending;

(d) for the purpose of being examined as to the questions-

(i) whether any and, if so, what debts are owing to him; and

(ii) whether he has any and, if so, what other property or means of satisfying the judgment or order by which he is bound;

(iii) as to the whereabouts of the goods which he is bound, pursuant to the judgment which has been entered against him, to deliver to the plaintiff, or as the case may be.

2. JAMES STYLES shall attend and produce all documents or things in his possession, power or custody relating to those questions (and- here specify particular documents or things, if any).

(Complete as in general form of minute or order under Part 41 rule 11.)

Form 57

P 45, r 2.

WRIT FOR LEVY OF PROPERTY

TO THE SHERIFF:

In respect of the judgment (order) entered on 1 March 19, levy on the property of(name), which is authorised by law to be taken in execution, for-

(a) the amount payable under the judgment (order) being $on 7 May 19(plus interest from the date at (if ordered, the rate ordered for example, the yearly rate of% or, if the judgment (order) is registered in the Court under the the yearly rate of% or such rates as may be notified to you by the Court otherwise such rates as are prescribed) on so much of the sum of $as is from time to time unpaid), subject to any payment in reduction thereof;

(b) $being costs of this writ*;

(c) for your fees*; and

(d) $, being the amount recoverable under section 107 (1) of the Service and Execution of Process Act 1992 ,

Issued19.

Issued at the request of the plaintiff(name and address)(or(name)of(address and telephone number)solicitor for the plaintiff(name and address)).

(The defendant resides at(address).)

*omit if irrecoverable by reason of Part 52A rule 46

Form 57A

P 45, r 15 (2).

NOTICE TO JUDGMENT DEBTOR OF INTENTION TO SELL LAND

To the judgment debtor:

1. A writ of execution has been registered against the title to your land described in the Schedule below and the land is bound by the writ.

2. Unless the writ is satisfied or you make arrangements as mentioned in paragraph 3 or obtain an order mentioned in paragraph 4, your land, described in the Schedule below, may be sold by the Sheriff under the authority of the writ.

3. You may make arrangements for the sale or mortgage of the land by you subject to the judgment creditor’s consent. That consent will only be given on condition that an amount for the proceeds of the sale or mortgage, stipulated by the judgment creditor, is paid to the Sheriff towards satisfaction of the writ of execution. If you wish to make any such arrangements you should contact the judgment creditor’s solicitor immediately.

4. You may apply to the Court for an order staying proceedings on terms, which may include terms as to payment by instalments of the money to be levied under the writ.

SCHEDULE

(description of land by street number, etc.)

Form 57B

(Memorandum to be endorsed on notice of sale for service on judgment debtor.)

P 45, r 18.

To the judgment debtor:

You may apply to the Court for an order staying proceedings on terms, which may include terms as to payment by instalments of the money to be levied under the writ.

Form 58

P 46, r 3.

GARNISHMENT NOTICE

1. Particulars-

2. All debts which are due or accruing from the garnishee to the judgment debtor at the time of service of this notice are attached and bound in the hands of the garnishee to the extent of the sum required.

3. The judgment creditor will at 10 a.m. on 7 May 19, at (address of Court) move the Court for an order for payment under Part 46 of the rules of Court.

4. The garnishee may pay the debts attached into Court to the extent of the sum required, retaining, if he pays into Court before 7 May 19, $for his costs. Otherwise the Court may order him to pay the debts attached to the judgment creditor to the extent of the sum required and interest thereon and costs.

5. Provision exists for the determination, at the hearing, of any dispute concerning the liability of the garnishee to pay the debts attached.

(Follow the prescribed form of conclusion of documents for use by a party, Form 4, and add -

The address for service of the judgment creditor is (address)

Forms 59-62AA1

Form 62AAA

(Items, etc. in a bill of costs).

P 52, r 49 (1).

Work done.

Skill care and responsibility.

Disbursements.

(add the note required by Part 52 rule 49 (1B) and, if Part 52 rule 49 (1) (e) applies, the statement required by that rule.)

Form 62AB

(Undertaking to pay disbursement).

P 52, r 49 (3A).

UNDERTAKING

I undertake to the Court that, out of any money received at any time and from time to time by me or from or on behalf of my client in payment of the costs which are the subject of my bill, I will, subject to any appropriation by the payer, within 21 days of receipt pay (if there is only one unpaid disbursement -to (name) his fee or, if the money received is less than his fee, the amount received, until his fee is paid) (if there is more than one unpaid disbursement -to (name) and (name) their fees or, if the amount received is less than their fees, to each of them that proportion of the amount received as his fee bears to the total fees, until their fees are paid).

Date

solicitor.

Form 62AC

(Notice to serve objections to bill of costs. No heading or title: for attaching or subscribing to the bill.)

P 52, r 50A (4).

To the party liable to pay the costs in the within bill:

Costs claimed in (the attached or this as the case may require) bill may be allowed and the taxation may be concluded unless, within 21 days after service on you of this notice, you serve on the party entitled to the costs a notice in the prescribed form stating the item or items to which you object and the nature and grounds of your objection.

Form 62AD

P 52, r 50A (5).

NOTICE OF OBJECTION TO A BILL

(1) This column to be completed by party objecting.

(2) This column to be completed by party who served bill.

(3) State the number of the item objected to. Where the objection is that Part 52 rule 49 (1) (e) has not been complied with, state “not applicable”.

(4) State these shortly but specifically. Where the objection is that Part 52 rule 49 (1) (e) has not been complied with, state the proportion by which the costs claimed are reduced by Part 52 rule 23 (4) or by an order under Part 52 rule 6 (2) (a) or Part 52 rule 24 (4).

(5) State how much of the item is objected to. Do not include an amount in respect of any objection that Part 52 rule 49 (1) (e) has not been complied with.

(6) Where an objection is wholly or partly conceded, write the amount conceded beside the objection. Where the objection is that Part 52 rule 49 (1) (e) has not been complied with, do not state any amount but write instead “conceded”.

(7) & (8) Total this column but do not take account of any item solely for skill, care and responsibility.

(9) Subtract the total at (8) from the total at (7) and show remainder.

Form 62AE

P 52, r 50A (7).

CERTIFICATE OF TAXATION

I certify that (pursuant to judgment (order) entered date) (or pursuant to Part 52 rule 16 the plaintiff having filed notice of discontinuance on date) (or pursuant to section 10 of (state Act)) the defendant’s costs as between party and party, which are payable after making any reduction required by Part 52 rule 24 (4) or by an order under Part 52 rule 6 (2) (a) or by an order under Part 52 rule 24 (4), are $.

Dated

(description of officer)

Form 62B

REQUEST FOR APPOINTMENT FOR HEARING

P 52, r 50 (4) (ii).

The (plaintiff) requests an appointment for hearing before a taxing officer.

The items or other matter with which the (plaintiff) disagrees are-

Form 63

(No heading or title if made on a filed bill; see rule 59 (5).)

P 52, r 59.

CERTIFICATE OF TAXATION

I certify that (pursuant to judgment (order) entered
19) (or pursuant to Part 52 rule 16, the plaintiff having filed notice of discontinuance on19) (or pursuant to section 10 of (state Act)) the defendant’s costs as between party and party have been taxed and allowed at $.

The amount payable, after making any reduction required by Part 52 rule 24 (4) or by an order under Part 52 rule 6 (2) (a) or by an order under Part 52 rule 24 (4), is $.

Dated

Taxing Officer

Form 64

P 52, r 60.

STATEMENT OF OBJECTION TO TAXATION OF PLAINTIFF’S BILL

(Classify the items and divide them into separate paragraphs according to the nature or grounds of the objection or set them out as follows:

Form 64A

P 52, r 68 (7).

(Request for taxation or moderation)

(no heading or title)

I have read this bill of costs. I request that it be taxed (or moderated). I wish (or do not wish) to be present when the bill is taxed (or moderated).

Dated 7 May 19.

Form 64B

P 53, r 3.

(Security for costs)

DEED

PARTICULARS

By this deed the guarantor promises the (defendant) that, (as ordered, for example if the (plaintiff) does not pay to the (defendant) all costs which the (plaintiff) may have been ordered to pay to the (defendant) in the above proceedings, the guarantor will pay to the (defendant) whatever is required to make good the (plaintiff’s) default to a limit of $).

Signed sealed and delivered (and so on) (or as the case may be).

Form 65

P 55, r 10.

WARRANT FOR ARREST

TO THE SHERIFF-

Arrest (name) and bring him before the Court to answer a charge of contempt detaining him in custody in the meantime unless, by paying the sum of $into Court (or as the case may be) he gives security for his appearance in person before the Court to answer the charge and to submit to the (judgment or) order of the Court.

Dated 7 May 19.

Judge

Form 66

P 55, r 12.

WARRANT FOR COMMITTAL

TO THE SHERIFF-

Take(name)to(name of correctional centre)and deliver him to the Superintendent of that correctional centre.

TO THE SUPERINTENDENT OF(name of correctional centre)

Receive(name)into your custody and keep him there until the further order of this Court (or as the case may be).

His committal is for contempt of court in that he (state the nature of the contempt, for example, wilfully insulted the Judge while the Judge was sitting in Court).

Dated 7 May 19.

Judge

Form 67

(Heading and title if possible.)

P 56, r 5.

NOTICE OF CLAIM

The claimant claims the property described in the schedule, being (part of) the property taken (intended to be taken) in execution by the Sheriff at (address) under process against(name).

SCHEDULE
(description)

Dated 7 May 19.

Claimant:(name)

Place of abode:

Address for service:

To the execution creditor:

If you do not, within (4) days after service of this notice upon you, serve on the Sheriff a notice that you admit this claim, the Court may on application by the Sheriff grant relief by way of interpleader.

If you admit the claim, you will not be liable to the Sheriff for any fees or expenses incurred by him after you serve on him notice that you admit it.

Form 68

P 59, r 4.

ORDER

THE COURT ORDERS THAT-
(where the 1924 Act applies

1. the judgment dated (date) of the (court) by which it was adjudged that (name) pay money to (name) be registered under Part 2 of the Administration of Justice Act 1924 ;

2. (name) may withindays after service upon him of notice of registration apply to set aside the registration;

3. the amount for which judgment may be enforced is $;

4. the costs of and incidental to the application for this order and of registration of the judgment be added to the amount specified in paragraph 3 of this order.)

1. The judgment dated (date) of the (court) by which it was adjudged that (name) pay money to (name) (or state shortly the terms of and identify the judgment) be registered under Part 2 of the Foreign Judgments Act 1973 for-

(a) the sum of $;

(b) (where, by the law of the country of the original court, interest becomes due under the judgment, specify amount of interest that will become due up to time of registration or how interest is to be calculated);

(c) the costs of and incidental to the application for this order and of registration of the judgment.

2. (name) may, withindays after service upon him of notice of registration, apply to set aside the registration;

3. the judgment may be enforced for the amount for which it is registered.)

3. the amount for which judgment may be enforced is $;

4. the judgment may also be enforced for the interest and costs for which judgment is registered.))

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 69

P 59, r 6.

NOTICE OF REGISTRATION OF JUDGMENT

To: (name)
(where the 1924 Act applies

1. The judgment of (here follow the terms of the order) has been registered in this Court under Part 2 of the Administration of Justice Act 1924 ;

2. the amount including costs, for which judgment may be enforced against you is $)

1. The judgment of (here follow the terms of the order) has been registered in this Court under Part 2 of the Foreign Judgments Act 1973 for-

(a) the sum of $;

(b) (where applicable interest of $;)

(c) costs of $.

2. The judgment may be enforced for the amount for which it is registered (or specify total amount for which judgment may be enforced).)

3. you may, withindays after the service of this notice upon you, file notice of motion to set aside the registration;

4. the address for service of the above plaintiff, the judgment creditor, is (address).))
Dated:

Forms 69A, 69B

Form 70

P 60, r 12.

NOTICE OF APPEAL

APPELLANT: JAMES STYLES

RESPONDENT: JOHN LEE

The appellant appeals to the Court constituted by a Judge from the decision (or as the case may be) of the associate Judge (or the following part of the decision of the associate Judge: (state the part)).

GROUNDS: (state briefly but specifically the grounds relied upon in support of the appeal).

ORDER SOUGHT: (state what judgment order or determination the appellant seeks in place of the decision of the associate Judge).

To the respondent:
If there is no attendance before the Court by you or your counsel or solicitor at the time and place specified below, the appeal may be dealt with and you may suffer a judgment or order against you in your absence.

Time and place for attendance:
Time:at (10 a.m.)
Place: (address of Court).

Form 70AA

P 65C, rr 3 (4), 4 (4).

OATH OF OFFICE

I, (name) of (address) do swear that (if the oath is taken in relation to proceedings commenced or proposed to be commenced under the if I am enrolled as a legal practitioner by the Supreme Court of New South Wales) I will truly and honestly conduct myself in the practice of a legal practitioner of the Supreme Court of New South Wales and I shall faithfully serve as such in the administration of the laws and the usages of that State according to the best of my knowledge, skill and ability.

CERTIFICATE

I, (name) of (address), certify that I duly administered the above oath on (date)
(date)

Form 70A

P 66, r 7 (2).

NOTICE OF INTENTION TO CEASE ACTING AS SOLICITOR

To (name of former client):

After (number of days not less than seven) days from (date), I (or, name of solicitor corporation) will file in the registry of the Court a notice that I have (or, it has) ceased to act as your solicitor in these proceedings.

You must therefore cause to be filed in the registry of the Court and served upon the defendant (or as the case may be, or, if the defendant has a solicitor, the defendant’s solicitor) a notice in the prescribed form stating the name of, and address of the office of, the solicitor who is to act for you, or, if you do not have a solicitor who is to act for you, stating your address for service of documents, which address shall be the address of a place within three kilometres of the General Post Office, Sydney (or as the case may require; see Part 9 rule 6 (2)).

Until that notice is so filed and served, any document to be served on you in the proceedings will be taken to have been served on you if a copy of it is left at or sent to (address of the usual or last known place of business or of abode of the former client).

Form 70B

Form 71

P 69, (2).

WRIT OF HABEAS CORPUS

To: (name and address)

Have (name of person detained) before the Court at (address) on 7 May 1972 at 10 a.m. and thereafter submit to the further order of this Court as to his custody.

Witness(name)Chief Justice,1972.

This writ is issued at the request of (name and address).

Forms 71A, 71B

Form 71C

P 72B, r 3 (1).

ARBITRATOR’S AWARD AND REGISTRAR’S NOTICE TO PARTIES

I have determined these proceedings under the Arbitration (Civil Actions) Act 1983 and have made the following award:

Award made in favour of
in the sum of $

(Where applicable, This award is made with the consent of all parties.)

I attach my reasons for the award (where a party failed to attend a hearing before the arbitrator) and information which I wish to bring to the attention of the Court.

Date of sending by the Court:

(Unless the award is made with the consent of all parties add the following notice:

Notice by Registrar to parties.

Unless a party makes application to the Court for a rehearing before the Court, and pays the prescribed fee, before the expiration of 28 days from the above date of sending by the Court, this award may be deemed to be the judgment of the Court and enforceable as such.

Form 71D

P 72B, r 3 (2).

ARBITRATOR’S REASONS FOR AWARD

Reasons for my award datedare as follows:

(Set out reasons sufficient to make the parties aware of the arbitrator’s view of the case made by each party).

(Where a party failed to attend the hearing before the arbitrator add:

The defendant (or as the case may be) failed to attend the hearing before me on (date).
and set out any information known to the arbitrator relating to reasons for the failure).

Form 71E

P 72B, r 5 (1) (a).

APPLICATION FOR REHEARING

I apply for an order under section 18 (2) of the Arbitration (Civil Actions) Act 1983 for a [if applicable full or limited] rehearing of these proceedings.

This application was filed onand a rehearing of the proceedings before the Court has been ordered.

(Add any notice of appointment for directions or as required)

Forms 72-74

Form 74AA

(Subpoena to a natural person: criminal proceedings)

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION

THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but-

(i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;

(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.

SCHEDULE

(8)

Issued at the request of (10) whose address for service is (10A).

Note that-

(1) if you do not comply with this subpoena you may be arrested.
(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused) add-

(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).
or
(If the subpoena is issued at the request of the accused or at the request of the Solicitor (for Public Prosecutions on behalf of the accused) add-

(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.

(3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.

(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.

(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form.

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, [7 May 19.]

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) description of documents and things.

(9) signature and description of officer of the Court.

(10) state person at whose request the subpoena was issued.

(10A) address for service.

(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AB

(Subpoena to a corporation for production and for its proper officer to answer questions concerning (possession, etc., of documents: criminal proceedings.)

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS

THE COURT ORDERS that-

1. (1) “the corporation” shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to attend and produce them-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 a.m. (7) and until the officer is excused by the Court from further attending; but-

(i) the corporation need not comply with this subpoena if the party who requested its issue has excused the corporation from compliance;

(ii) if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the Evidence Act 1898 would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;

(iii) the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.

2. the officer who is to attend shall make inquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.

SCHEDULE
(8)

Issued at the request of (10) whose address for service is (10A).

Note that-

(1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means.

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add -

(2) if you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);

or

(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused) add -

(2) you are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;

(3) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may in writing on or attached to this subpoena request that they be posted to it at another address given by it;

(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing this form.

(1) name of corporation.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) description of documents and things.

(9) signature and description of officer of the Court.

(10) state person at whose request the subpoena was issued.

(10A) address for service.

(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AC

(Subpoena to give evidence: criminal proceedings)

P 75, r 2 (1) (r).

SUBPOENA TO GIVE EVIDENCE

THE COURT ORDERS that you shall attend for the purpose of giving evidence-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but-

(i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;

(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.

Issued at the request of (9) whose address for service is (9A)

Note that-

(1) If you do not comply with this subpoena you may be arrested; and

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add -

(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);

or

(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused) add -

(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;

(3) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form.

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) signature and description of officer of the Court.

(9) state person at whose request the subpoena was issued.

(9A) address for service.

(10) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AD

(Subpoena for production and to give evidence: criminal proceedings).

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE

THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence-

(a) before the Court (3);

(b) at (4);

(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but-

(i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;

(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for production or attendance to a later time.

SCHEDULE
(8)

Issued at the request of (10) whose address for service is (10A).

Note that-

(1) if you do not comply with this subpoena you may be arrested.

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add -

(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).

or

(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused add -

(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.

(3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.

(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.

(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form.

(1) name.

(2) address.

(3) or as the case may require.

(4) address of Court or other place.

(5) date, for example, 7 May 19.

(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.

(7) date, for example, 21 May 19.

(8) description of documents and things.

(9) signature and description of officer of the Court.

(10) state person at whose request the subpoena was issued.

(10A) address for service.

(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AE

(Form of indictment)

P 75, r 3D (1).

(Under the description INDICTMENT on the form insert a statement of the nature of the offence, for example for murder and, if a statutory offence, insert under that statement under s.of the Crimes Act 1900 or as the case may require.

New South Wales

On 7 May 20the Attorney General (or Director of Public Prosecutions) on behalf of Her Majesty (or as the case may require: see ss. 8 and 9 of the) charges that (state the offence and its Law Part Code, if any).

(signature, full name and capacity of signatory: see s 126 of the.)

Form 74AF

P 75, r 3E.

(No heading or title)

BAIL ACT 1978

APPLICATION TO THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL FOR BAIL OR REVIEW OF BAIL OR VARIATION OF EXISTING BAIL CONDITIONS.

1.

I,(full name)
of
(address) (Phone No) (MIN if known)

Note:

(a) You must nominate only ONE of the above choices.

(b) If you-

(i) remain in custody because any bail condition has not been complied with; and

(ii) want only bail conditions varied,

you should choose “variation of existing bail conditions only” above. If the bail condition you want varied was imposed by a court other than the Supreme Court and you remain in custody because that bail condition has not been complied with, you

2.

What is your date of birth?

3.

Do you need an interpreter?[] Yes[] No
If Yes, what language?

4.

If you are an Aborigine or Torres Strait Islander-

(a) Do you want the Aboriginal Legal Service to represent you in your application?[] Yes[] No

(b) If Yes, do

5.

Do you want the Legal Aid Commission to represent you in your application?
[] YesNo []
If No, who will represent you at the hearing of your application?

(name of solicitor and firm and, if known, fax no)

6.

To what charges does your application apply?




Page 1 of 4

7.

(a) What is the date of your next appearance in court on these charges?

(b) In which court are you appearing next?

[] Court of Criminal Appeal	[] Supreme Court
[] District Court	[] Local Court

8.

Have you had a committal hearing at the Local Court?
[] Yes[] No

(a) If Yes-

(i) What was the date?

(ii) Which Local Court?

(b) If No, has a date been set for the committal hearing at the Local Court?
[] Yes[] No
If Yes-

(i) What was the date?

(ii) Which Local Court?

(c) Have you been committed for trial or sentence?
[] Yes[] No
If Yes-

(i) was it for [] trial[] sentence

(ii) which court [] Supreme Court [] District Court
at

(d) Are you presently on appeal after trial or sentence?
[] Yes[] No
If Yes, which court?[] Court of Criminal Appeal[] District Court

9.

Are there any co-accused (or co-defendants) in this matter?
[] Yes[] No
If Yes, who?

10.

Are you presently in custody?[] Yes[] No
If Yes, please answer the following-

(a) What date were you taken into custody of these charges?

(b) Are you presently serving a sentence?[] Yes[] No
If Yes, when are you due for release?

(c) Which gaol are you presently in?

(d) If released on bail, where do you intend to live?

(address)

(Phone No)

11.

Who is the police officer in charge of your case?

Page 2 of 4
ANSWER QUESTIONS 12 TO 15 ONLY IF YOU REPLIED “ VARIATION OF EXISTING BAIL CONDITIONS ONLY ” TO THE CHOICE IN PARAGRAPH 1.

12.

If you are you in custody, is it only because you have not complied with a condition of the bail which you are seeking to have varied?[] Yes[] No

13.

What court granted the bail, a condition of which you seek to have varied?

14.

What variation are you asking for?

15.

On the previous grant of bail, was there any surety involved?
[] Yes[] No
If Yes, please state the name and address of each surety

Note: If a surety was involved, unless the surety appears in person at the hearing of this application and consents to it, you will be required to produce at court at the hearing of this application-

(a) evidence of notification of the surety of the date of listing of this application and of the nature of the variation sought; AND

(b) the written consent of the surety to that variation.

16.

If this application is to the Supreme Court-

(a) Is this your [] 1st [] 2nd [] 3rd [] 4th [] Moreapplication of any kind to the Supreme Court in relation to bail?

(b) If the answer to (a) is not “1st”, please state the special facts or special circumstances which justify the making of this further application.

17.

If this form is completed by a solicitor on behalf of the applicant, what approximate time is it anticipated that the hearing of the application will take?

18.

Any other comments you wish to make

Note:

(a)

(i)

(ii)

(b) Subject to paragraph (c), the hearing of this application will be conducted by means of video link facilities without your personal attendance at court. Video link facilities allow two-way audio and visual communication of television standard between the Court and the Metropolitan Remand and Reception Centre, including private communication between you and your legal representative. If you are in another correctional centre, you will be sent to the Metropolitan Remand and Reception Centre for the hearing.

(c) The Court may,

(i) must be in the prescribed form, which is available on request;

(ii) must be filed with this application, together with any supporting documents;

(iii) will be dealt with before this application is placed in the list for hearing; and

(iv) may be dealt with by the Court in the absence of the public and without any attendance by or on behalf of yourself.

Page 4 of 4

Form 74AG

Form 74AH

P 75, r 3F.

(No heading or title)

ACCEPTABLE PERSON-INFORMATION FORM

I hereby offer myself for consideration as an acceptable person under the provisions of the

I further understand

I do solemnly and sincerely declare and affirm that the answers that I have given in this document are true and correct to the best of my knowledge, information and belief. AND I make this solemn declaration as to such matters according to the Oaths Act 1900 , and subject to the punishment by law provided for any wilfully false statement in any such declaration.

PROPOSED ACCEPTABLE PERSON
Declared thisday of199, at the Supreme Court, Queen’s Square, Sydney before me

JUSTICE OF THE PEACE

Form 74AHA

P 75, r 3FA.

OBJECTION TO CONFIRMATION OF FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL

I,(full name) of
(address) object to confirmation of the forfeiture order made by the Supreme Court*/Court of Criminal Appeal* on(date) in these proceedings.

* delete as required

The order affects me in the following manner-
(state how you are affected)

I rely on the following grounds-
(state grounds of objection)

Signed:

Date:

Time for hearing:

Place:

Form 74AHB

P 75, r 3FB.

APPLICATION TO SET ASIDE FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL

I,(full name) of
(address) apply to set aside the forfeiture order made by the Supreme Court*/Court of Criminal Appeal* on(date) in these proceedings.

* delete as required

The order affects me in the following manner-
(state how you are affected)

I rely on the following grounds-
(state grounds of application)

Signed:

Date:

Time for hearing:

Place for hearing:

Form 74AI

Form 74AJ

P 75, r 3H (1)

ELECTION UNDER S. 132 (1) OF THE CRIMINAL PROCEDURE ACT 1986

I,, of, being charged with (short details of the charge, or all of the charges, in the proceedings), elect to be tried by a Judge alone in respect of the alleged offence(s).

I have before making this election sought and received advice in relation to the election frombarrister (or solicitor).

The date fixed for my trial is19.

Dated:

Full name and address of witness:
The Director of Public Prosecutions consents to this election.
Dated:

(Signature and description)

Form 74AK

P 75, r 3H (1)

ELECTION UNDER S. 132 (5) OF THE CRIMINAL PROCEDURE ACT 1986

I,, having previously elected to be tried by a Judge alone in respect of these proceedings, now elect to be tried by a jury.

The date fixed for my trial is19.

Dated:

Full name and address of witness:

Form 74A

(Summons under the Part 5 of Chapter 4 of the.)

(To be set out in accordance with Form 1.)

(name)
prosecutor
(name)
defendant

SUMMONS

The plaintiff claims-

1. An order that the defendant(name)appear before a Judge of the Court to answer to the offence that(state the offence).

or

1. An order that the defendant(name)be apprehended for the purpose of being brought before a Judge of the Court to answer to the offence that (state the offence).

2. That the defendant be dealt with according to law for commission of the above offence.

Time and place for hearing the application for the above orders-
Time:1919 at 10 a.m.
Place: (address of Court)
Prosecutor: (name and address)
Prosecutor’s address for service: (Part 9 rule 6).
Address of Registry:

(signature)
Plaintiff’s solicitor

Filed:19.

Form 74B

P 75, r 8.

(Minute of order under section 246 (1) (a) of the.)

(Heading and title as in Form 74A.)

ORDER

To the defendant (name, address and occupation):

THE COURT ORDERS you to appear before a Judge of the Court at (address of Court) on19, at 10 a.m., to answer to the offence alleged by the prosecutor that (state the offence alleged).

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 74C

P 75, r 8.

(Minute of order under section 246 (1) (b) of the.)

(Heading and title as in Form 74A.)

ORDER

To all members of the police force (add, where section 246 (4) of the and to):

THE COURT ORDERS you to arrest(name)and bring him before a Judge of the Court to answer to the offence alleged by the prosecutor that (state offence alleged).

(Complete as in general form of minute of order under Part 41 rule 11.)

Forms 74D-89

Form 89A

P 77, r 38.

(Minute of order under section 21 (2) of the

ORDER

THE COURT DECLARES that the relationship of parent and child exists between the person named below and the child named below-
CHILD
Surname:
Other names:
Sex:
Date of birth:
Place of birth: (full name and address of hospital or house)

PARENT
Surname:
Other names:
Occupation:
Sex:
Date of birth:
Where born: (town or locality)

(State or country)

(Complete as in general form of minute of order under Part 41 rule 11, Form 51)

Form 89B

(Notice of claim for provision under the

P 77, r 63.

NOTICE OF CLAIM

The plaintiff has applied to the Court under the Family Provision Act 1982 , for an order for provision for him out of the estate of (name) deceased who died on19.

If you are entitled to, and wish to apply for, an order for provision for you out of that estate you must apply within a period prescribed by the Act or allowed by the Court. If you do not, before the Court deals with the plaintiff’s application, apply for an order for provision for you out of that estate, the Court may deal with the plaintiff’s application without regard to any possible application by you.

Dated:

Form 89C

Form 89D

(Defendant’s notice under s. 31 (5) of the)

P 77, r 87A.

(set out the allegations)

as to which the defendant says:
(set out the matter on which the defendant proposes to rely).

Dated:

Defendant

Form 89E

(Prosecution’s notice under s. 31 (5) of the

P 77, r 87A.

The prosecution accepts the allegations in the statement, a copy of which is annexed hereto marked “A”, (where applicable) except so far as it is alleged that:

(set out allegations)

Form 89F

(Notice under section 44 (2) of the)

P 77, r 87B.

To: (name and address):
Where the notice is added to the minute of order:
On (date) the Court made the above order.

OR

Where the order is annexed:
On (date) the Court made the order annexed hereto, and make an annexure note on the minute of order.

Form 89G

(Certificate under section 85 (1) of the)

P 77, r 87G.

I certify that this copy order is a true sealed copy of an order of the (name of court which made the order).

OR

I certify that this copy amendment to an order is a true sealed copy of an amendment to an order of the (name of court which made the order).

(as the case may require)

Dated:

(signature)

Form 89H

(Order under s. 3 (1) of the)

P 77, r 91.

ORDER

THE COURT DECLARES, pursuant to section 3 (1) of the Restricted Premises Act 1943 , the premises described below to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)
(Complete as in general form of minute of order, Form 51)

Form 89I

(Order under s. 4 (1) or s 14 (3) of the)

P 77, r 91.

ORDER

THE COURT ORDERS that the declaration made under section 3 (1) of the Restricted Premises Act 1943 on (date) in respect of the premises described below be rescinded.

(describe the premises)
(Complete as in general form of minute of order, Form 51)

Form 89J

(Notice of declaration under s. 5 (1) of the)

P 77, r 91.

(No heading or title)

On (date), pursuant to the Disorderly Houses Act 1943 , the Supreme Court declared the premises described below to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)

Form 89K

(Notice of rescission under s. 5 (1) of the)

P 77, r 91.

(No heading or title)

On (date) the Supreme Court, on the application of the undersigned, rescinded an order made pursuant to the Restricted Premises Act 1943 on (date) declaring the premises described below to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)

(name)
Applicant.

Form 89KA

P 77, r 133A

(No heading or title)

Evidence (Audio and Audio Visual Links) Act 1998

APPLICATION TO THE SUPREME COURT FOR A DIRECTION THAT THE HEARING OF BAIL PROCEEDINGS OR OF OTHER PRELIMINARY CRIMINAL PROCEEDINGS NOT BE CONDUCTED BY VIDEO LINK

Important information about this application

Hearings in the Supreme Court at Sydney of bail proceedings and of other preliminary criminal proceedings relating to a person who is in custody, but is not in a detention centre within the meaning of the Children (Detention Centres) Act 1987 , will be conducted by means of video link facilities without your personal attendance at Court, unless the Court in the interests of justice otherwise orders.
Video link facilities allow two-way audio and visual communication of television standard between the Court and correctional centres, including private communication between you and your legal representatives.
If you wish to apply for an order that the hearing of the bail application or preliminary criminal proceedings not be conducted by video link facilities, you must complete this form and file it and any supporting documents. If you are the person in custody this form (and any annexure) can be filed by forwarding it by facsimile to the Criminal Registry on (02) 9230 8060.
The application for a direction that video link facilities not be used:

(a) will be dealt with before the application relating to bail or the other preliminary criminal proceedings are to be heard, and

(b) may be dealt with by the Court in the absence of the public and without any attendance by the person who is in custody or on behalf of the person who is in custody.

Application

Name of person in custody (full name):
Date of birth of person in custody (if known):
Place person is being kept in custody (at the moment, if known):
Supreme Court file number (if known):

Print full name:
Date:
Address:
Telephone number:

Form 89L

(Certificate under s. 75 or s 77F of the

P 77, r 137A.

CERTIFICATE

1.

A direction was made by this Court in these proceedings on (date) under section {71 or 77B} of the Victims Compensation Act 1996 that a sum be paid to the registrar of this Court out of the property of (name).

2.

The amount required by the direction that has not, as at the date hereof, been paid to the registrar of this Court is $(amount).

Dated: (date)

Form 90

(Summons for probate, administration or resealing)

P 78, r 8.

SUMMONS

The plaintiff (name) the executor named in the will dated 1 July 1971 (where applicable and 2 codicils dated (date) and (date)) of (name) late of (place) labourer deceased claims that probate of the will (where applicable and 2 codicils) be granted to him.

or

The plaintiff (name) a beneficiary named in the will dated 1 July 1971 (where applicable and 2 codicils dated (date) and (date)) of (name) late of (place) labourer deceased claims that administration with the will (where applicable and 2 codicils) annexed of the estate of the deceased be granted to him (where applicable (name) the executor named in the will having renounced probate) (where applicable and that the administration bond be dispensed with).

or

The plaintiff (name) the (relationship to the deceased, for example widow or de facto spouse) of (name) late of (place) labourer deceased claims that administration of the estate of the deceased be granted to her (where applicable and that the administration bond be dispensed with).

or

The plaintiff (name) (where applicable as attorney of (name)) claims that probate of the will dated 1 July 1971 (or where applicable letters of administration of the estate) of (name) late of (place) labourer granted by (description of court) to (name) be sealed with the seal of this Court (where applicable and that the administration bond be dispensed with).

or

(Application for administration under s. 41A of the Probate Act)

The plaintiff (name) claims that administration in respect of (name) late of (place), (occupation) be granted to him for the purposes only of an application being made under the Family Provision Act 1982 by him (or him on behalf of (name)).

(If a declaration under the former section 18A of the)

The proceedings commenced by this summons will be dealt with by a Judge or a registrar out of court. However, the Court may, of its own motion, appoint a date for the hearing in Court of the proceedings.

Plaintiff: (name, address and occupation)
Plaintiff’s address for service: (Part 9 rule 6, Part 78 rule 8)
Filed: (date)

Form 91

P 78, r 10.

(Notice of intended application for probate.)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application for probate of the will dated 1 July 1971 (where applicable, and 2 codicils dated (date) and (date) of (name in capitals) late of (place), labourer, will be made by (name). Creditors are required to send particulars of their claims upon his estate to (name) solicitors (address) (and, where applicable, or their agents, name, address).

(Form 4 does not apply.)

Form 92

P 78, r 10.

(Notice of intended application for administration.)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice and application for administration (or where applicable administration with the will dated 7 May 1970, annexed) of the estate of (name in capitals) late of (place), labourer, will be made by (name) the (relationship to deceased or capacity of applicant). Creditors are required to send particulars of their claims upon his estate to (name) solicitors (address) (and, where applicable, or their agents, name, address).

(Form 4 does not apply.)

Form 92A

P 78, r 10.

(Notice of intended application for administration under s. 41A of the Probate Act)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application for administration in respect of (name in capitals) late of (place), (occupation) will be made by (name) for the purposes only of an application being made under the Family Provision Act 1982 , by him (or him on behalf of (name)).

(Solicitor’s name and address.)

(Form 4 does not apply.)

Form 93

P 78, r 10.

(Notice of intended application for resealing.)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application will be made that the Probate of the will and codicils (or where applicable Letters of administration of the estate) of (name in capitals) late of (place) granted by (court) to (name) be sealed with the seal of this Court. Creditors are required to send particulars of their claims upon his estate to (name) solicitors (address) (and, where applicable, or their agents, name, address).

(Form 4 does not apply.)

Form 94

P 78, r 14.

RENUNCIATION OF PROBATE

I, (name) of (address of place of residence) (labourer) declare-

1. I am the executor (or one of the executors or as the case may be) appointed by the will dated 1 July 1971 (where applicable), and 2 codicils dated (date) and (date) of (name) late of (place) labourer who died on (date).

2. I have not intermeddled in the estate of the deceased.

3. I renounce all right to probate of the will (where applicable and codicils) and to all trusts, powers and authorities expressed by the will (where applicable and codicils) to be made or given to me.

Dated: (date).

Form 95

P 78, r 15.

AFFIDAVIT OF ATTESTING WITNESS

On 7 May 19I (name, address and occupation) say on oath-

1. On (date) the document annexed and marked “A” was signed as now appears on the document by (name) the deceased as his will in the presence of me and of (name of other witness) present at the same time and then at the request of the deceased attested and subscribed by us in his presence and in the presence of each other.

2. The signatures (set out) and (set out) subscribed as witnesses to the will are respectively those of me and (name of other witness).

Form 96

Forms 97, 98, 104, 106.

ANNEXURE “”

INVENTORY OF PROPERTY

of the estate of (name) of (place, occupation), deceased.

Property owned solely by deceased

Property owned by deceased as joint tenant with another or others

This is Annexure “” to the affidavit of (name) sworn at (place) this (date) before me.

(signatures of the applicant and the person before whom the affidavit is sworn)

Form 97

P 78, r 24 (1) (a).

AFFIDAVIT OF EXECUTOR

On (date) I, (name, address and occupation), say on oath-

1. My full residential address is (address).

2. The document dated (date) and signed in the margin by me and by the person before whom this affidavit is sworn is, I believe, the last will of (name), late of (place, occupation), the deceased, and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased [where applicable except for (specify document)].

3. My means of identifying the will are (state these).

4. The attesting witnesses to the will are (name) and (name).

5. The deceased died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

6. The deceased {did or did not} marry after the will was made [where applicable namely to (name) on (date)].

7. The deceased left assets within New South Wales.

8. I am the executor named in the will and I am over 18 years of age.

9. [Where applicable (name) one of the executors named in the will {died on (date) as evidenced by the death certificate annexed and marked “” or renounced probate of the will on (date)}.]

10. If I am granted probate of the will of the deceased-

(a) I will administer the estate according to law; and

(b) I will-

(i) verify and file; or

(ii) verify, file and pass,

my accounts relating to the estate of the deceased within 12 months from the date of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies and the whole of the estate does not pass to one or more charities or public benevolent institutions, add if so required by the Court].

11. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of the deceased’s death, evidenced by the tear sheet annexed and marked “”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “”.]

12. The names, ages and entitlements of the persons entitled in distribution of the estate of the deceased are- (state these).

13. A statement of all assets of the deceased of which I am presently aware is annexed and marked “”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

14. The liabilities of the deceased of which I am presently aware are as follows-

LIABILITIES

Date	Name of creditor, etc.	Description of liability	Estimated or known amount
	Secured	Unsecured
(date liability incurred eg 3-8-93) (date)	(name) (name)	(description) (description)	$ (amount) (total)	$ (amount) (total)

15. The estate has a gross value of $(amount) and a net value of $(amount).

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of probate of the will of the deceased [where applicable except for (specify matter)].

Form 98

P 78, rr 24A (2) (a), 25 (2) (a), 25A (2) (a).

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION

On (date) I, (name, address and occupation) say on oath-

1. My full residential address is (address).

2. I am (state relationship to deceased) of (name, occupation) late of (place) who died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

3. I believe that the deceased did not leave a will or document purporting to embody the testamentary intentions of the deceased [where applicable except for (specify document)].

4. (State what searches have been made for a will or document purporting to embody the testamentary intentions of the deceased.)

5. The names, ages, relationship to the deceased and entitlements of the persons entitled in distribution of the estate of the deceased are- (state these).

6. (State the facts establishing that the persons named in paragraph 5 are the persons entitled in distribution of the estate. Annex appropriate certificate evidence).

7. The deceased left assets within New South Wales.

8. I am not an undischarged bankrupt, I have not assigned or encumbered my interest in the estate and I am over 18 years of age.

9. If I am granted administration of the estate of the deceased-

(a) I will administer the estate according to law; and

(b) I will-

(i) verify and file; or

(ii) verify, file and pass,

my accounts relating to the estate of the deceased within 12 months from the date of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies, add if so required by the Court].

10. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of {his or her} death, evidenced by the tear sheet annexed and marked “B”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “B”.]

11. A statement of all assets of the deceased of which I am presently aware is annexed and marked “C”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

12. The liabilities of the deceased of which I am presently aware are as follows-

LIABILITIES

Date	Name of creditor, etc.	Description of liability	Estimated or known amount
	Secured	Unsecured
(date liability incurred eg 3-8-93) (date)	(name) (name)	(description) (description)	$ (amount) (total)	$ (amount) (total)

13. The estate has a gross value of $(amount) and a net value of $(amount).
[Where Part 78 rule 25A applies

14. The names, ages and relationship to the deceased of the persons who, if the deceased had not left a de facto spouse*, would have been entitled in distribution of the estate are- (state these).

15. (State the facts establishing that the persons named in paragraph 14 are the persons who would have been entitled in distribution of the estate. Annex appropriate certificate evidence.)]

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of administration of the estate of the deceased [where applicable except for (specify matter)].

(* If deceased died before the commencement of Schedule 2.25 of the de facto wife or de facto husband.)

Form 98A

(Affidavit showing deceased had no de facto spouse)

P 78, rr 24A (2) (c).

On (date) I (name, address and occupation) say on oath-

State the facts showing the competency of the deponent to make this affidavit, for example-

1. I am the widow of the deceased.

2. I lived with the deceased up to the time of his death and for a continuous period ofyears beforehand.

State the facts complying with Part 78 rule 24A (2) (c) for example, where the widow is the deponent and the following is true-

3. The deceased did not leave any person who at the time of his death was a partner with him in a de facto relationship within the meaning of section 4 of the Property (Relationships) Act 1984 .

4. I am aware that sections 4 and 5A of the Property (Relationships) Act 1984 are as follows:
(Here set out the sections)

Form 99

(Affidavit showing deceased had no de facto spouse)

P 78, r 25 (2) (f).

On 7 May 19I (name, address and occupation) say on oath-

(State the facts showing the competency of the deponent to make this affidavit, for example -

1. I am the widow of the deceased.

2. I lived with the deceased up to the time of his death and for a continuous period ofyears beforehand.)

(State the facts complying with Part 78 rule 25 (2) (f) for example, where the widow is the deponent and the following is true -

3. The deceased did not leave any person who at the time of his death was a partner with him in the relationship of a man and a woman living together as husband and wife on a domestic basis although not married to each other).

Forms 99A-100B

Form 101

P 78, rr 24A, 25, 25A.

CONSENT TO ADMINISTRATION

I, (name) of (place) labourer am (state relationship) of (name) late of (place) labourer. I am over 18 years of age. I am not an undischarged bankrupt and I have not assigned or encumbered my interest in the estate of the deceased.

I consent to letters of administration being granted to (name) who is (state relationship) of the deceased (where applicable and to administration bond being dispensed with).

I have read the Affidavit of the Applicant for Administration and understand how the entitlement of the de facto spouse* affects the distribution of the estate of the deceased.]

Dated: (date)

[* If deceased died before the commencement of Schedule 2.25 of the de facto wife or de facto husband.]

AFFIDAVIT OF WITNESS TO CONSENT

On (date) I, (name, address and occupation) say on oath-

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Form 102

P 78, rr 24A, 25, 25A, 26, 27.

ADMINISTRATION BOND

We (state the name, address and occupation of the proposed administrator and of each surety to the bond) jointly and severally covenant to pay to Her Majesty the Queen and her successors $ (penalty of bond) if administration of the estate of (name) late of (place) labourer deceased is granted by the Supreme Court of New South Wales to the said (name of proposed administrator) and any one or more of the following occurs, namely:

1. he does not collect, get in and administer the estate according to law;

2. he does not pay out of the estate the just debts of the deceased;

3. he prefers any debt of the deceased to him;
(and, where the deceased died before 31 December 1981)

4. he does not file or file and pass his accounts relating to the estate within 12 months after the grant and whenever ordered to do so by the Court.
(or, where the deceased died on or after 31 December 1981)

5. he does not verify and file or verify, file and pass his accounts relating to the estate (where section 85 (1AA) of the Probate Act (which relates to certain executors, etc.) applies) within 12 months after the grant or as the Court may order in respect of him (or, where that subsection does not apply) as the Court may order in respect of him.
Dated: (date)
Signed sealed and delivered etc.

Form 103

P 78, rr 24A, 25, 25A, 26.

AFFIDAVIT OF SURETY

On 7 May 19I (name, address and occupation) say on oath-

1. My full residential address is (state this).

2. I am one of the sureties for (name) the intended administrator of the estate of (name) late of (place) labourer.

3. I am possessed of property to the value of $ (state value) after deduction of all my just debts and every sum for which I am bail or surety in any civil or criminal matter, action or proceeding.

4. My property consists of (set out in detail the location and nature of assets and whether held severally or jointly with any other person, and state particulars of encumbrances).

Form 103A

(Affidavit relating to de facto relationships)

P 78, r 25A (2) (d).

AFFIDAVIT

On19I (name, address and occupation) say on oath-

1. The deceased left (or did not leave) a wife (or husband).

2. At the time of death of the deceased (and, where either s 61B (3A) (a) of the Probate Act applies (deceased leaving a husband or wife) or s 61B (3B) (a) of the Probate Act applies (no husband or wife but issue) add and for a continuous period of not less than two years prior to the death of the deceased) (a) I was the sole partner in the relationship with the deceased of a man and a woman living together as husband and wife on a bona fide domestic basis although not married to each other and (b) I was not a partner in any other relationship of a man and a woman living together as husband and wife on that basis although not married to each other (and, where the deceased left a wife or husband, add and (c) the deceased did not, during the whole or any part of that period, live with the person to whom he (or she) was married).

3. (State the facts showing that the deponent is a person for whom the estate of the deceased is required to be held in trust, including dates and periods of the relationship, places where the partners lived together, financial and property matters, children and so on).

Form 103AA

(Affidavit relating to de facto relationships)

P 78, r 25A (2) (d).

AFFIDAVIT

On (date) I (name, address and occupation) say on oath-

1. The deceased {left or did not leave} a {husband or wife}

2. At the time of death of the deceased [and, where either s 61B (3A) (a) of the Probate Act applies (deceased leaving a husband or wife) or s 61B (3B) (a) of the Probate Act applies (no husband or wife but issue) add and for a continuous period of not less than two years prior to the death of the deceased] -

(a) I was the sole partner with the deceased in a de facto relationship; and

(b) I was not a partner in any other de facto relationship.

[Where the deceased left a wife or husband, add; and

(c) the deceased did not, during the whole or any part of that period, live with the person to whom the deceased was married.]

3. (State the facts showing that the deponent is a person for whom the estate of the deceased or part thereof is required to be held in trust, including dates and periods of the relationship, places where the partners lived together, financial and property matters, children and so on).

4. In this affidavit “de facto relationship” has the same meanings as it has in the Property (Relationships) Act 1984 . I am aware that sections 4 and 5A of that Act are as follows:
(Here set out the sections)

Form 103B

(Notice, where the deceased leaves a de facto wife or de facto husband or de facto spouse)

P 78, r 25A (3) (b) (iv).

NOTICE OF APPLICATION FOR ADMINISTRATION

To: (name and address:)

After (14 days or 28 days: see Part 78, rule 25A (3) (b)) from the date of service of this notice on you, an application for a grant of administration of the estate of the deceased will be made by (name). There is a claim that the deceased left a de facto spouse*, (name). Served on you with this notice are-

(a) affidavits setting out facts relating to the de facto relationship claimed and other matters;

(b) an affidavit showing the assets and liabilities of the estate and the persons who are entitled in distribution of the estate and who would, if the deceased had not left a de facto spouse* have been so entitled.

If you do not oppose the application, the Court may grant administration to the applicant who may then be at liberty to distribute in due course to the de facto spouse* the estate or part of the estate to which she is entitled.

If the deceased did not leave a de facto spouse* and you were entitled to the estate or part, you may have been entitled to a grant of administration of the estate of the deceased.

Dated:

Form 104

P 78, r 26.

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION WITH THE WILL ANNEXED

On (date) I, (name, address and occupation), say on oath-

1. My full residential address is (address).

2. The document dated (date) and signed in the margin by me and by the person before whom this affidavit is sworn is, I believe, the last will of (name), late of (place, occupation), the deceased, and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased [where applicable except for specify document].

3. My means of identifying the will are (state these).

4. The attesting witnesses to the will are (name) and (name).

5. The deceased died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

6. The deceased {did or did not} marry after the will was made.

7. The deceased left assets within New South Wales.

8. I am not an undischarged bankrupt, I have not assigned or encumbered my interest in the estate of the deceased and I am over 18 years of age.

9. [Where applicable (name) the executor named in the will {died on (date) as evidenced by the death certificate annexed and marked “” or renounced probate of the will on (date)}.]

10. The names, ages and entitlements of the persons entitled in distribution of the estate are (state these) [where the names of all the persons entitled do not appear on the face of the will, state the facts establishing that the persons named in this paragraph are the persons entitled].

11. If I am granted administration of the estate of the deceased-

(a) I will administer the estate according to law; and

(b) I will-

(i) verify and file; or

(ii) verify, file and pass,

my accounts relating to the estate of the deceased within 12 months from the date of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies and the whole of the estate does not pass to one or more charities or public benevolent institutions, add if so required by the Court].

12. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of his or her death, evidenced by the tear sheet annexed and marked “”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “”.]

13. A statement of all assets of the deceased of which I am presently aware is annexed and marked “”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

14. The liabilities of the deceased of which I am presently aware are as follows-

LIABILITIES

Date	Name of creditor, etc.	Description of liability	Estimated or known amount
	Secured	Unsecured
(date liability incurred eg 3-8-93) (date)	(name) (name)	(description) (description)	$ (amount) (total)	$ (amount) (total)

15. The estate has a gross value of $(amount) and a net value of $(amount).

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of administration of the estate of the deceased [where applicable except for (specify matter)].

Form 105

P 78, r 26.

RENUNCIATION IN FAVOUR OF PUBLIC TRUSTEE

I, (name) of (address of place of residence) labourer declare-

1. I am the executor (or one of the executors or as the case may be) appointed by will dated 1 July 1971 (where applicable and 2 codicils dated (date) and (date) of (name) late of (place) labourer who died on (date)).

2. I have not intermeddled in the estate of the deceased.

3. I renounce all right to probate of the will (where applicable and codicils) and to all trusts, powers and authorities expressed by the will (where applicable and codicils) to be made or given to me.

4. I request the Public Trustee to apply for administration with the will (where applicable and codicils) annexed of the estate.

Dated: (date).

Form 105A

P 78, r 26A (1) (a).

(Affidavit of applicant for administration for the purposes of the)

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION

On (date) I, (name, address and occupation), say on oath-

1. My full residential address is (address) and I am over the age of 18 years.

2. I am (state relationship to deceased) of (name, occupation) late of (place) who died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

3. I am not aware of any will or document purporting to embody the testamentary intentions of the deceased.
or
The document dated (date) and signed in the margin by me and by the person before whom this affidavit is sworn is a copy of the {last will or document purporting to embody the testamentary intentions} of the deceased.
or
I believe that the deceased left a {will or document purporting to embody the testamentary intentions of the deceased} but no copy of it is available.

4. I am not aware of any proposal by any other person to make an application for a grant.
or
I believe that (name) of (address, occupation), proposes to make an application for a grant.

5. [If applicable I intend to make an application under the Family Provision Act 1982 on behalf of (name, address and occupation)].

6. (State the facts showing that-

(a) if the plaintiff intends to make an application under the

(b) otherwise-the plaintiff,

is an eligible person within the meaning of the

7. A copy of an affidavit which {has been or will be} sworn and which I intend to file in compliance with Part 77 rule 59 (1) (a)-(d) in the proceedings on the application intended to be made under the Family Provision Act 1982 is annexed and marked “B”.

8. The matters referred to in paragraphs (identify numbers of paragraphs in the lastmentioned annexure relating to the matters mentioned in Part 77 rule 59 (1) (a)-(d)) of annexure “B” are true.

9. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of his or her death, evidenced by the tear sheet annexed and marked “C”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “C”.]

10. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of administration of the estate of the deceased [where applicable except for (specify matter)].

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 106

P 78, r 28.

AFFIDAVIT OF APPLICANT FOR RESEALING

On (date) I, (name, address and occupation), say on oath-

1. My full residential address is (address).

2. The deceased died intestate on (date) aged (number) years.
or
The deceased died on (date) aged (number) years and left a will dated (date) by which {he or she} appointed {me or (name)} executor.

3. I am not aware of the existence of any document purporting to embody the testamentary intentions of the deceased [where applicable except for {the said will or (specify document)}].

4. {Probate of the will was or Letters of Administration of the estate of the deceased were} granted by (name of court) to {me or (name)} on (date).

5. The grant has not been revoked.

6. The deceased left assets within New South Wales.

7. The names, ages, relationship to deceased and entitlements of the persons entitled in distribution of the estate of the deceased are- (state these).

8. [Where the application is for resealing Letters of Administration I am not an undischarged bankrupt and I have not assigned or encumbered my interest (if any) in the estate.]

9. I am over 18 years of age.

10. I am aware that, if the grant is sealed by this Court, accounts relating to the estate must be-

(a) verified and filed; or

(b) verified, filed and passed,

within 12 months after the sealing [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies and the whole of the estate does not pass to one or more charities or public benevolent institutions, add if so required by the Court].

11. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of {his or her} death, evidenced by the tear sheet annexed and marked “A”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “A”.]

12. A statement of all assets of the deceased of which I am presently aware is annexed and marked “B”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

13. The liabilities of the deceased of which I am presently aware are as follows-

LIABILITIES

Date	Name of creditor, etc.	Description of liability	Estimated or known amount
	Secured	Unsecured
(date liability incurred eg 3-8-93) (date)	(name) (name)	(description) (description)	$ (amount) (total)	$ (amount) (total)

14. The estate has a gross value of $(amount) and a net value of $(amount).
[Where the application for reseal is made pursuant to a Power of Attorney

15. By Power of Attorney dated (date, name) appointed me {his or her} attorney to apply to this Court to reseal the grant.

16. A certified copy of the Power of Attorney is annexed and marked “C”.

17. I have not received any notice of revocation of the Power of Attorney by death, unsoundness of mind, act of donor or otherwise.]

18. I am not aware of any circumstances which raise doubt as to my entitlement to have the grant sealed by this Court [where applicable except for (specify matter)].

Form 106A

P 78, r 28A.

AFFIDAVIT OF ADDITIONAL ASSETS (or LIABILITIES or ASSETS AND LIABILITIES)

On (date) I, (name, address and occupation) say on oath-

1. I am the {executor or (as the case may be)} of the estate of the deceased.

2. {Assets or (as the case may require)} of the deceased not disclosed to the Court before the date of swearing this affidavit are listed below-
(list)

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 106B

P 78, r 34A.

CONSENT TO DISTRIBUTION OF GIFT

I (name) of (place) (occupation) would benefit directly from the avoidance of the beneficial gift or disposition given or made by the will dated (date) of (name of deceased) to (name of interested witness). My benefit would have been (specify the benefit). I am over 18 years of age. I am not an undischarged bankrupt. I have not assigned or encumbered any interest that I may have in the estate of the deceased.
I consent to the distribution of the gift according to the will.

Dated: (date).

AFFIDAVIT OF WITNESS TO CONSENT

On 7 May 19I (name, address and occupation) say on oath:

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Sworn at
before

Form 106CA

P 78, r 34A (1A).

CONSENT TO ORDER

I (name) of (place) (occupation) would receive the following benefit under the will dated (date) of (name of deceased) if the order set out below is not made (specify benefit).

If the order is made my benefit would be (specify benefit).

I am over 18 years of age. I am not an undischarged bankrupt. I have not assigned or encumbered any interest that I may have in the estate of the deceased.

I consent to an order being made that (specify order).

Dated: (date).

AFFIDAVIT OF WITNESS TO CONSENT

On (date) I (name, address and occupation) say on oath:

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Form 106C

P 78, r 34D.

(Notice to interested witness of intention to distribute estate.)

(heading and title.)

NOTICE OF INTENTION TO DISTRIBUTE ESTATE

To (name of interested witness or interested witness’s spouse, as the case requires) (address).

After one month from the date on which this notice is served on you, I, (name), of (address), the executor of the will and codicils (or where applicable administrator of the estate) of (name) late of (place) (occupation) intend to make a distribution of that part of the estate the subject of a beneficial gift to you.

I would make the distribution otherwise than to you on the ground that the gift is void because you (or your spouse) attested the will.

You may, before I make the distribution, take such steps as the law permits to have the gift made not void.

Dated: (date).

(signature)

Form 106D

Consent by Affected Person

P 78, r 34E (1).

CONSENT

1.

I, (name) of (place) (occupation) am over the age of 18 years, am not an undischarged bankrupt and have not assigned or encumbered any interest that I may have in the estate of the abovenamed deceased.

2.

I have read and understood copies of the following documents which relate to the application for a grant of probate (or administration) in relation to the estate of the deceased:

(a) Summons (or Statement of Claim);

(b) Affidavit of Executor (or Affidavit of Applicant for Administration); and

(c) (where the informal testamentary document is not annexed to the abovementioned documents a document purporting to embody the testamentary intentions of the deceased which is not executed in accordance with the formal requirements of the Succession Act 2006 (or where still relevant, the Wills, Probate and Administration Act 1898 ).)

3.

Copies of the documents referred to in paragraph 2 are annexed hereto and marked “A” and “B” (or to “C” if applicable) respectively.

4.

I consent to the Court:

(a) declaring whether it is satisfied that the deceased intended the document (identify informal testamentary document in respect of which consent is given) to constitute:

(i) a will of the deceased;

(ii) an amendment of a will of the deceased; or

(iii) the revocation of a will of the deceased, and

(b) making the declaration in my absence and without my becoming a party to the proceedings or having any opportunity to put forward argument or evidence.

5.

In this consent “will” extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, and to any other testamentary disposition.

AFFIDAVIT OF WITNESS TO CONSENT

On (date), I (name, address and occupation) say on oath:

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Form 106E

P 78, r 34E (1).

(Notice to Affected Person)

NOTICE

To (name and address)

1.

An application for grant of probate (or administration) has been made by me (or us) in respect of the estate of the abovenamed deceased. Copies of the Summons (or Statement of Claim) and Affidavit of Executor (or Affidavit of Applicant for Administration) are annexed and marked “A” and “B” respectively.

2.

A copy of a document purporting to embody the testamentary intentions of the deceased, which is not executed in accordance with the formal requirements of the Succession Act 2006 (or where still relevant, the Wills, Probate and Administration Act 1898 ), is annexed hereto and marked with the letter “C” (or as the case may be). The Court will decide whether the lastmentioned document is:

(a) a will of the deceased;

(b) an amendment of a will of the deceased; or

(c) the revocation of a will of the deceased.

3.

In the preceding paragraph “will” extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child and to any other testamentary disposition.

4.

Unless the prescribed form of notice of your appearance is received in the Registry within 14 days after service of this notice upon you (or, if this notice is served outside New South Wales and the Australian Capital Territory, within 28 days of service of this notice upon you), the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

5.

Upon filing an appearance you will become a defendant to the proceedings in so far as they relate to the declaration by the Court as to the effect of the document referred to in paragraph 2.

Plaintiff: (name, address and occupation)
Plaintiff’s address for service: (Part 9 rule 6)
Dated: (date)

Form 106F

P 78, r 34E (3).

(Notice to Caveator)

NOTICE

To (name and address)

1.

An application for grant of probate (or administration) has been made by me (or us) in respect of the estate of the abovenamed deceased. Copies of the Summons (or Statement of Claim) and Affidavit of Executor (or Affidavit of Applicant for Administration) are annexed and marked “A” and “B” respectively.

2.

You have lodged a caveat under rule 62A of the Supreme Court Rules 1970 in respect of the estate of the deceased.

3.

Unless the prescribed form of notice of your appearance is received in the Registry within 14 days after service of this notice upon you (or, if this notice is served outside New South Wales and the Australian Capital Territory, within 28 days of service of this notice upon you), the caveat will lapse and the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

4.

Upon filing an appearance you will become a defendant to the proceedings in respect of such aspects of the proceedings as the Court directs.

Plaintiff: (name, address and occupation)
Plaintiff’s address for service: (Part 9 rule 6)
Dated: (date)

Form 107

Form 108

P 78, rr 46, 54.

(Request for issue of citation.)

(To be set out in accordance with Form 1)

In the Supreme Court
of New South Wales
Equity Division
Probate List

REQUEST FOR ISSUE OF CITATION

I request that a citation do issue to each of (name of each person to be cited) to take probate of the will dated (date) (or where applicable pray for administration of the estate) of (name) late of (place) labourer.

(Where applicable) I request that the time limited for (name) to answer the citation be (number) days after service on him of the citation.

Person applying: (name, address and occupation)
Filed: (date)

or

(Title, etc., as in originating process)

I request that a citation to see these proceedings do issue to each of (name of each person to be cited)
Party applying: (name)
Filed: (date)

Form 109

P 78, r 51.

(Citation to pray for administration.)

(To be set out in accordance with Form 1)

In the Supreme Court
of New South Wales
Equity Division
Probate List

CITATION TO PRAY FOR ADMINISTRATION

To (name)

This citation is issued at the request of (name) of (address) labourer who has filed in this Court an affidavit by him stating that-

1. (name) late of (place) labourer died at (place) on (date);

2. he believes that the deceased died without leaving a will or document purporting to embody the testamentary intentions of the deceased (or where applicable he believes that the deceased left a will, a copy of which is annexed and marked “A”);

3. (where applicable) No executor was appointed by the will (or where applicable (name) the executor appointed by the will has renounced probate or where applicable (name) the executor appointed by the will died on (date));

4. he is (state relationship to the deceased) of the deceased (or where applicable he is a beneficiary under the will or where applicable he is a creditor of the deceased).

You are cited to pray for administration of the estate of the deceased. If you wish to comply with this citation you must-

1. within 14 days after service on you of this citation (or if this citation is served on you outside New South Wales within 3 months after service of it on you) file in the registry of this Court an answer stating that you intend to apply to the Court for a grant to you of administration of the estate of the deceased; and

2. With reasonable promptness commence proceedings in this Court for a grant to you of administration of the estate of the deceased and pursue those proceedings diligently.

If you do not comply with this citation the Court may grant administration of the estate of the deceased to (name) without further notice to you in your absence.

Dated: (date)

Form 110

(Title, etc., as in citation.)

P 78, r 51.

ANSWER TO CITATION TO PRAY FOR ADMINISTRATION

I (name) of (address) labourer having been served on (date) at (place) with a citation issued at the request of (name) and dated (date) to pray for administration of the estate of (name) late of (place) labourer answer that I intend to apply to this court for a grant to me of administration of the estate of the deceased.

Filed: (date)

Form 111

P 78, r 52.

(Citation to take probate.)

(To be set out in accordance with Form 1.)

CITATION TO TAKE PROBATE

To (name)

This citation is issued at the request of (name) of (address) labourer who has filed in this Court an affidavit by him stating that-

1. (name) late of (place) labourer died at (place) on (date);

2. he believes that the deceased left a will, a copy of which is annexed and marked “A”, which appoints you the executor (or one of the executors) of it;

3. he is a beneficiary under the will (or where applicable) he is (state relationship to the deceased) of the deceased (or where applicable he is a creditor of the deceased).

You are cited to take probate of the will. If you wish to comply with this citation you must-

1. within 14 days after service on you of this citation (or if this citation is served on you outside New South Wales within 3 months after service of it on you) file in the registry of this Court an answer stating that you intend to apply to this Court for a grant to you of probate of the will; and

2. with reasonable promptness commence proceedings in this Court for a grant to you of probate of the will and pursue those proceedings diligently.

If you do not comply with this citation your right in respect of the executorship shall wholly cease, and the representation to the deceased and the administration of his estate shall, without any further renunciation, go, devolve, and be committed in like manner as if you had not been appointed executor.

Dated: (date)

Form 112

P 78, r 52.

ANSWER TO CITATION TO TAKE PROBATE

I, (name) of (address) labourer having been served on (date) at (place) with a citation issued at the request of (name) and dated (date) to take probate of the will, a copy of which is annexed to the citation, of (name) late of (place) labourer answer that I intend to apply to this Court for a grant to me of probate of the will.

Filed: (date)

Form 113

P 78, r 53.

(Title, etc. as in originating process.)

CITATION TO SEE PROCEEDINGS

To (name)

This citation is issued at the request of (name) of (address) labourer who is the plaintiff (or where applicable a defendant) in proceedings commenced in this Court by statement of claim (or where applicable summons). A copy of the statement of claim (or where applicable summons) is annexed and marked “A”.

(Where a will is referred to in the statement of claim or summons). A copy of the will referred to in the statement of claim (or where applicable summons) is annexed and marked “B”.

The plaintiff has filed an affidavit stating that you have an interest adverse to him in the proceedings in that (state the adverse interest) (or, where the citation is issued pursuant to Part 78 rule 34C) The plaintiff has filed an affidavit stating that you have not consented to the order sought in the statement of claim (or summons).

If you do not answer this citation by entering an appearance in the proceedings before the proceedings are heard and determined, the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

Form 114

P 78, rr 61, 62, 62A.

CAVEAT

I require that: (1)

Form 115

P 78, r 64.

NOTICE OF WITHDRAWAL OF CAVEAT

I (name) of (address) withdraw the caveat filed by me on (date) and numbered (number of caveat).

Dated: (date)

(signature)
Caveator or Caveator’s solicitor

Form 115A

Form 116

P 78, r 76.

(Notice of filing of accounts.)

In the Supreme Court of New South Wales Equity Division

After 14 days from publication of this notice the {executor of the will or administrator of the estate or as the case may be} of (name in capitals) late of (place, occupation) will make application for an order passing {his or her or as the case may be} accounts [if applicable and an order for commission]. Any person wishing to object to the application may obtain a copy of it by filing a Notice of Intended Objection and must file an Appearance in the proceedings before they are concluded.

Address for Service: (Part 9 rule 6)

(Form 4 does not apply.)

Form 116A

P 78, r 77A.

Notice of Intended Objection to

(name) of (address, occupation) intends to object to the {passing of accounts or allowance of commission or passing of accounts and allowance of commission} in the estate of (name) late of (place, occupation) who died on (date).

Address for Service: (Part 9 rule 6)

Form 117

P 78, r 89.

(Acknowledgment under s. 83 of the Probate Act.)

ACKNOWLEDGMENT made under the Probate and Administration Act 1898 , between (name or names) executor (or where applicable executors) of the duly proved Will (or where applicable administrator (or where applicable administrators) with the Will annexed) of (name) late of (address and occupation as in will) deceased, of the one part, and (name or names) devisee (or where applicable devisees) under the said Will, of the other part, whereby the said executor (or as the case may be executors or administrator or administrators) doth (or where applicable do) acknowledge that the said devisee (or where applicable devisees) is (or where applicable are) entitled for the estate for which the same is devised to him (or where applicable them) by the said Will to the real estate described in the said Will as (describe as in Will).

Dated thisday of19.

(Signature or signatures of executor or executors or administrator or administrators).

Form 118

P 78, r 90.

(Notice of appointment of executor or administrator.)

NOTICE OF APPOINTMENT OF EXECUTOR (or ADMINISTRATOR)

To (name)

After 28 days from the date of service on you of this notice I (name) of (address) the executor of the will and codicils (or where applicable administrator of the estate) of (name) late of (place) labourer propose pursuant to section 75A of the Probate and Administration Act 1898 , to appoint by deed (name) to be an executor of the will and codicils (or where applicable administrator of the estate) of the deceased in my place and stead (or where applicable as co-executor or co-administrator) with me (or where applicable the continuing executors or the continuing administrators).

If you object to the appointment you may within the period of 28 days lodge with the Registrar in Probate notice that you object to the appointment being made and serve a copy of that notice on me at (address).

Dated: (date)

Form 119

P 78, r 90.

DEED OF APPOINTMENT OF EXECUTOR OR ADMINISTRATOR

THIS INDENTURE made the (date) BETWEEN (name) of (address) (hereinafter called the “Appointor”) of the one part and (name) of (address) (hereinafter called the “Appointee” of the other part WHEREAS (name) late of (place) by his will dated (date) gave all his estate to the Appointor and appointed him sole executor of his will (or as the case may be, reciting the will) (or where applicable died intestate) AND WHEREAS (where applicable probate of the will) (or where applicable letters of administration of the estate) of the deceased was (or where applicable were) granted to the Appointor (where applicable and to (name)) by the Supreme Court of New South Wales on (date) AND WHEREAS the Appointor has not yet renounced or taken probate of the will (or where applicable fully administered the estate) of the deceased AND WHEREAS the Appointor is desirous of retiring from the office of executor of the will (or where applicable administrator of the estate) and of appointing the Appointee to act in his place and stead or is desirous of appointing the Appointee as co-executor with him (or as the case may be) NOW THIS DEED WITNESSES that the Appointor HEREBY APPOINTS the Appointee executor of the will in his place and stead or as co-executor with him of the will (or as the case may be).

Signed sealed and delivered etc.

Form 120

P 78, r 90.

(Notice of objection to appointment of executor or administrator.)

OBJECTION TO APPOINTMENT OF EXECUTOR (or ADMINISTRATOR)

I (name) of (address) object to the proposal by (name) to appoint (name) as (state the proposed appointment).

My interest in the will (or where applicable estate) is (state the interest).
Filed: (date)

Forms 121, 121A

Form 122

P 79, r 8.

(Petition under the)

(To be set out in accordance with Form 1.)

PETITION

To the Court of Disputed Returns-

(The statement of facts shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject matter. The facts shall include a description of the petitioner in terms of section 157 (c) of the subject Act, the date and result of the election, the date on which the writ was returned and the facts relied on to invalidate the election or return.)

The petitioner prays that-

(a)

(b)

To the respondent (address)-

You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial, “or Sub-Registry”) within 14 days after service of this petition upon you.

Petitioner: (name, address).
Petitioner’s Address for Service:(Part 9 rule 6 (1)).
Address of Registry:

(where a place in the Riverina is the nominated place of trial, add

“Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”.)

(where a place in the Central West is the nominated place of trial, add

“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.)

(where a place in the Northern Rivers district is the nominated place of trial, add

“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).

Signed by the Petitioner in our presence at (place) on (date).

(The rules which apply where a deponent making an affidavit if illiterate or blind shall apply in respect of each witness, making such changes as it is necessary to make, where a petitioner is illiterate or blind.)

(Form 4 does not apply.)

Form 123

P 79, r 9.

(Notice of filing petition under the)

NOTICE OF DISPUTED ELECTION (OR RETURN) OF A MEMBER OF THE LEGISLATIVE ASSEMBLY

A petition was, on (date), filed with the Prothonotary of the Supreme Court disputing the election (or return) of (name) as a member of the Legislative Assembly for the Electoral District of (place).

The facts relied on to invalidate the election (or return) are as follows-

(a)
(state the facts as concisely as may be)

(b) The petition prays that-
(set out the claims for relief prayed for in the petition)

Petitioner: (name, address and occupation).

(Form 4 does not apply.)

Form 124

P 79, r 31.

(Notice of a reference under the)

NOTICE OF A REFERENCE OF A QUESTION TO THE COURT OF DISPUTED RETURNS

The following question respecting the qualification of a member of the Legislative Assembly (or respecting a vacancy in the Legislative Assembly) was, on,
19, referred to the Court of Disputed Returns for its determination, namely-

(state the question)

(name), Speaker of the Legislative Assembly.

(Form 4 does not apply)

Form 125

(Notice of application for reduction of capital and of list of creditors.)

P 80, r 9.

(No heading or title.)

NOTICE OF APPLICATION RELATING TO

(name of company in capitals.)

An application has been made to the Supreme Court to confirm a resolution of the above Company for reducing its capital from $(or as the case may be). A list of the persons admitted to have been creditors of the Company on (date), may be inspected at the office of the Company at (address) or at the office of the undersigned at any time during usual business hours, on payment of the charge of ($Schedule G item 22).

Any person who claims to have been, on the last mentioned day and still to be, a creditor of the company, unless he belongs to the following class or classes (set out class or classes) and is not entered on the said list and claims to be so entered, must on or before (date), send his name and address, and the particulars of his debt or claim (and the name and address of his solicitor, if any) to the undersigned or in default thereof he will be precluded from objecting to the proposed reduction of capital.

Every admitted creditor who does not consent thereto shall be entitled to object.

Any creditor who has not received notice that his name is entered on the list of creditors must send to the undersigned particulars of his name and address.

Form 126

(Notice of application under ss. 123 (5), 320 and 363 (1) of the Code.)

(No heading or title.)

NOTICE OF APPLICATION RELATING TO
(Name of Company in capitals.)

P 80, rr 9 (4) (b), 10 and 18.

In respect of proceedings commenced on (date), application will be made by (name of plaintiff) (or if applicable, name of substituted plaintiff, who has, with the leave of the Court, in respect of a summons filed on (date) been substituted as plaintiff) to the Supreme Court of New South Wales ata.m. on (date)at

(address of Court)

where application is made for an order under section 123 (5) of the Code without fixing a date for (settling a list of creditors to confirm a resolution of the Company to reduce its share capital from $to $, such reduction to be effected by (state how the reduction is to be effected).

or

where application is made for an order under section 320 of the Code for an order under section 320 of the Companies (New South Wales) Code , in respect of the above Company and, where an order for winding up is sought including an order that the Company be wound up.

or

where application is made for an order under section 364 (1) of the for an order that the Company be wound up.

or

(state the orders sought)

Copies of documents filed may be obtained under the rules.

Any person intending to appear at the hearing must serve a notice in the prescribed form so as to reach the address below not later than 1 p.m. on (specify the date, for example 7 May 19by reference to Part 80 rule 20 (3)).

(Form 4 is not applicable.)

Form 127

(Affidavit verifying list of creditors.)

P 80, r 10.

AFFIDAVIT

On 7 May 19I (name, address and occupation) say on oath-

1. I am the secretary, (or as the case may be) of the plaintiff.

2. The document produced to me, and marked “A”, contains a list of the creditors of and persons having claims upon the said Company (or a list of the creditors of and persons having claims upon the said Company except those of the following class (or classes- set out class or classes) on (date) (the date fixed by the Court) together with their addresses, and the nature and amount of their debts or claims, and such list is, to the best of my knowledge and belief, a true and accurate list of persons having claims on that day, and of the nature and amount or estimated value of their debts or claims.

3. To the best of my knowledge and belief there was not, at that date, any debt or claim which, if that date were the commencement of the winding up of the said Company, would be admissible in proof against the said Company other than and except the debts and claims set forth in the said list.

4. I am able to make this statement from facts within my knowledge as theof the said Company, and from information derived upon investigation of the books of the said Company.

This list of creditors and claimants marked “A” was produced and shown to AB at the time of swearing his affidavit before me on (date).

XY

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 128

(Notice to creditors.)

P 80, r 10.

To (name and address of creditor).

An application has been made to the Supreme Court to confirm a special resolution of the above Company for reducing its capital from $to $. In the list of persons admitted by the Company to have been its creditors on (date) (here insert any qualification which may have been directed) your name is entered as a creditor for (nature and amount or estimated value of debt or claim).

If you claim to have been on the last-mentioned day a creditor in a larger amount than is stated above, you must on or before (date), send the particulars of your claim, your name and address (and the name and address of your solicitor, if any) to the undersigned otherwise the above entry in the list of creditors will, in all the proceedings under the above application to reduce the capital of the Company, be treated as correct.

Dated19.

(Name of plaintiff’s solicitors.)

Form 129

(Affidavit as to claims.)

P 80, r 10.

AFFIDAVIT

On 7 May 19I, CD, of &c (for example, the secretary of the said Company) and on 11 May 19, I, EF, of &c (for example, the solicitor for the said Company) and on 12 May 19I, AB, of &c (for example, the managing director of the said Company) say on oath-

I, the said CD for myself say-

And I, the said EF, for myself say-

And we, CD and AB, for ourselves say-

And I, the said CD further say-

EXHIBIT D

D
(heading and title.)

LIST OF DEBTS AND CLAIMS of which the particulars have been sent to
by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors made out by the Company.

This document marked “D”, was produced and shown to CD, EF, and AB, respectively, and is the same as is referred to in their affidavit sworn before me on
19.

XY

First Part
Debts and claims wholly or partly admitted by the Company

Second Part
Debts and claims wholly disputed by the Company

EXHIBIT E

E
(heading and title.)

LIST OF DEBTS AND CLAIMS of which the particulars have been sent to
by persons claiming to be creditors of the Company and to be entered on the list of the creditors made out by the Company.

This document marked “E” was produced and shown to CD, EF and AB, respectively, and is the same as is referred to in their affidavit sworn before me on
19.

XY

First Part
(Same as in Exhibit D.)

Second Part
(Same as in Exhibit D.)

(Note: names are to be inserted alphabetically.)

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 130

P 80, r 10.

(Notice to creditors to prove debts.)

To (Name and address).

You are hereby required to prove the debt claimed by you against the above company by filing your affidavit in the registry of the Court, Sydney, and serving a copy on the undersigned on or before19, and you are to attend beforeinat the Supreme Court, Sydney, on19, ata.m. being the time appointed for hearing and adjudicating on the claim, and produce any securities or documents relating to your claim.

In default of your complying with the above directions, you will be precluded from objecting to the proposed reduction of the capital of the company (or, in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors).

Dated19.

Form 131

(Summons under section 184 (3) of the Code.)

P 80, r 12.

SUMMONS UNDER SECTION 184 (3) OF THE COMPANIES (NEW SOUTH WALES) CODE

THE COURT ORDERS that-

(name) of (address) shall appear before the Court at (place) on (date) ata.m. and show cause why the document mentioned in the schedule below should not be delivered up and produced by bringing the said document into the office of (name of Company) at (office of Company) within (state the period as ordered) to have the said document cancelled (or as the notice required) and the transfer of the said document registered (or as ordered).

SCHEDULE

(description of document.)

(Complete as in general form of minute or order, Form 51.)

Form 132

(Summons claiming winding up order under section 364 (1) of the Code.)

P 80, r 18.

SUMMONS

The plaintiff claims-

1. An order that the defendant be wound up under the Companies (New South Wales) Code .

2. An order that a liquidator of the defendant be appointed (or where a person is proposed that (name) be appointed liquidator of the defendant).

Form 133

(Note of intention to appear on hearing.)

P 80, r 20.

He intends to appear on the hearing (add, where he intends to support the plaintiff’s application and support the plaintiff’s application or where he intends to oppose the plaintiff’s application and oppose the plaintiff’s application). He is a creditor for $of the Company (or a contributory holding number and class of shares held shares in the Company).

(No date is required.)

(Form 4 is not applicable.)

Form 134

P 80, r 20.

NOTICE RELATING TO PERSONS INTENDING TO APPEAR ON THE HEARING

Particulars relating to persons who have given notice of their intention to appear on the hearing are set out below.

Form 135

(Minute of order substituting a plaintiff in a winding up application)

(Title before this order)

P 80, r 21.

ORDER

THE COURT ORDERS that-

1. (name) be substituted as plaintiff;

2. the substituted plaintiff amends the summons accordingly;

3. the substituted plaintiff serve on the defendant personally a minute of this order and the amended summons;

4. the substituted plaintiff publish a notice in accordance with Form 126 and otherwise comply with the requirements of the rules as if he were the former plaintiff making the application made in the summons;

5. the date appointed for hearing be adjourned to (date);

6. the costs of the substituted plaintiff of this application be the substituted plaintiff’s costs of proceedings on the application (or as ordered).

(Complete as in general form of minute of order, Form 51.)

Form 135A

(Notice to liquidator of appointment)

P 80, r 22A.

To: (name and address of liquidator).
(name and registered office of Company) was wound up by order of the Court on (date) and you were appointed to be the liquidator. The application for the winding up was filed on (date on which the summons was filed).

Form 136

(Minute of winding up order.)

P 80, r 23.

ORDER

THE COURT ORDERS that-

1. the defendant be wound up by the Court under the provisions of the Companies (New South Wales) Code ;

2. (name and address) be the liquidator of the defendant;

3. (any directions under section 370 (2) (b) of the Code);

4. that the plaintiff be at liberty to apply as he may be advised (or as ordered).

(Complete as in general form of minute of order, Form 51.)

Form 136A

(Notice to provisional liquidator of appointment)

P 80, r 26.

To: (name and address of provisional liquidator):

On: (date) the Court appointed you to be the liquidator of (name and registered office of the Company) provisionally.

Form 137

(Notice of appointment of provisional liquidator.)

(No heading or title.)

P 80, r 26.

NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR

On (date), the Supreme Court appointed (name in capitals, address) to be the liquidator of (name of company in capitals) provisionally.

(name of plaintiff’s solicitor)
(address for service)

(No date required.)
(Form 4 is not applicable.)

Form 138

(No heading or title.)

NOTICE OF WINDING-UP ORDER

(Name of Company in capitals.)

P 80, r 28.

On (date) the Supreme Court made an order that the Company be wound up by the Court and appointed me to be liquidator.

Form 139

(Certificate of liquidator of resolution of meeting of Committee of Inspection (or creditors and/or contributories))

P 80, r 33.

(Title)

I certify that the document attached hereto and marked “A” is a true copy of the resolution of a meeting of the Committee of Inspection (creditors and contributories or creditors or contributories) of the Company held aton(date).

Dated.

Form 140

(Report.)

P 80, r 36, 52.

REPORT BY LIQUIDATOR (or as the case may be)

1.

I, (name and address) am the liquidator (or as the case may be) of (name of Company).
(Continue in paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject matter. For example, where the liquidator makes a report under section 431 (2) of the Code -

2.

I was chairman of a meeting of the creditors (or contributories) of the Company held on (date) at (place).

3.

The meeting was convened by a notice given on (date) and by notice published in the (name of newspaper) on (date) and in the Government Gazette on (date).

4.

The meeting was attended, either personally or by proxy, by (number) creditors whose proofs of debt against the Company were admitted for voting purposes and amounted in all to the value of $.

or

4.

The meeting was attended, either personally or by proxy, by (number) contributories who held in all (number) shares in the Company and were entitled respectively by the regulations of the Company to (number) votes.)

5.

The proposals submitted to the meeting were (state the proposals).

6.

Certify the resolution of the meeting, showing that the voting was unanimous or if not, the (total number and value of creditors, or the total number and voting power of contributories, voting for and against each proposal.)

Form 141

(Affidavit by special manager verifying his accounts.)

P 80, r 38.

AFFIDAVIT

On19I (name, address and occupation) say on oath-

1. I am the special manager of the property and business (or as the case may be) of the Company.

2. The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from (date) to (date).

3. I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 142

(Requirement by liquidator under section 384 (1) of the Code.)

P 80, r 40.

REQUIREMENT TO PAY MONEY, etc. TO LIQUIDATOR

To (name and address):

1. I am the liquidator of (name of Company.)

2. Pursuant to section 384 (1) of the Companies (New South Wales) Code , I require you to pay (or deliver, convey, surrender or transfer) to me, forthwith (or not later than (number) days from the date of this requirement) (or such time as the liquidator directs) $(or describe the property or books)
[or any money, property or books to which the Company is prima facie entitled.

In this requirement-

(a) “accounting records” includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;