New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005

- Made under the Civil Procedure Act 2005
- As at 7 April 2017
- Reg 418 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - General

   1.1.    Name of rules
   1.2.    Definitions
   1.3.    References to barristers and solicitors
   1.4.    Saving as to discovery
   1.5.    Application of these rules
   1.6.    Exclusion of provisions of Civil Procedure Act 2005
   1.7.    Local rules that prevail over these rules
   1.8.    Determination of questions arising under these rules
   1.9.    Objections to production of documents and answering of questions founded on privilege
   1.10.   (Repealed)
   1.10A.  Powers of associate Judges of the Supreme Court
   1.10B.  When Part 11A concerning service under Hague Convention has effect

           Division 2 - Time

   1.11.   Reckoning of time
   1.12.   Extension and abridgment of time
   1.13.   Fixing times

           Division 3 - Fees and other amounts

   1.14.   Prescribed fees and other amounts
   1.15.   Fees chargeable under the Oaths Act 1900

           Division 4 - Distribution of business between Divisions of Supreme Court

   1.16.   Assignment of business to Divisions
   1.17.   Bulk transfers between Supreme Court Divisions
   1.18.   Assignment of business to Common Law Division
   1.19.   Assignment of business to Equity Division
   1.20.   Declarations of right and injunctions
   1.21.   Removal to Court of Appeal

           Division 5 - Notices under section 78B of Judiciary Act 1903 of Commonwealth

   1.22.   Notice of constitutional matter
   1.23.   Time for filing and service of notice of constitutional matter
   1.24.   Affidavit of service
   1.25.   Documents for intervening Attorneys-General

           Division 6 - Procedure in particular circumstances

   1.26.   Procedure under particular Acts
   1.27.   Procedure in particular District Court lists

   PART 2 - CASE MANAGEMENT GENERALLY

   2.1.    Directions and orders
   2.2.    Appointment for hearing
   2.3.    Case management by the court

   PART 3 - ELECTRONIC CASE MANAGEMENT

           Division 1 - Preliminary

   3.1.    Definitions
   3.2.    Application of Part

           Division 2 - Registration of users of Online Registry

   3.3.    Registration of users

           Division 3 - Filing documents using Online Registry

   3.4.    Electronic filing of documents
   3.4A.   (Repealed)
   3.5.    Uploading documents
   3.6.    Electronic issuing of a document
   3.7.    Electronic service of a document
   3.8.    Use of Online Registry in business conducted in absence of public
   3.9.    Party filing document required to serve notice of listing
   3.10.   Request for a certified copy of a judgment or order
   3.11.   Filing of affidavits using Online Registry’s XML filing
   3.12.   Written record to be kept of direction to e-file document submitted using Online Registry’s XML filing or if scanned copy of document is not uploaded
   3.13.   Filing of wills
   3.14.   Request to issue subpoena
   3.15.   Coversheet generated by Online Registry
           Division 4

   PART 4 - PREPARATION AND FILING OF DOCUMENTS

           Division 1 - Preparation of documents generally

   4.1.    Application of Division
   4.2.    Documents to be filed to contain certain information
   4.2A.   List of parties
   4.3.    Paper and writing
   4.4.    Signing documents
   4.5.    Address for service
   4.6.    Changing address for service
   4.7.    Numbers
   4.7A.   Land descriptions
   4.8.    Separate documents for separate process
   4.9.    Delegation by NSW Trustee and Guardian

           Division 2 - Filing of documents

   4.10.   Filing generally
   4.11.   Case number or other unique identifier to be assigned to originating process
   4.12.   Lodgment of additional copies of originating process for service
   4.13.   Place for filing
   4.14.   Filing of notices on behalf of multiple parties
   4.15.   Court’s power to deal with scandalous matter in documents
   4.16.   Court to be advised as to subrogation to corporation

   PART 5 - PRELIMINARY DISCOVERY AND INSPECTION

   5.1.    Definitions
   5.2.    Discovery to ascertain prospective defendant’s identity or whereabouts
   5.3.    Discovery of documents from prospective defendant
   5.4.    Discovery of documents from other persons
   5.5.    Discovery and inspection generally
   5.6.    Security for costs
   5.7.    Privilege
   5.8.    Costs and other expenses

   PART 6 - COMMENCING PROCEEDINGS AND APPEARANCE

           Division 1 - General

   6.1.    No step without originating process or notice of appearance
   6.1A.   Proceedings that do not require a defendant

           Division 2 - Originating process

   6.2.    How proceedings commenced
   6.3.    Where statement of claim required
   6.4.    Where summons required
   6.5.    Proceedings wrongly commenced by statement of claim
   6.6.    Proceedings wrongly commenced by summons
   6.7.    Determination
   6.8.    Originating process for recovery of land to be served on occupier
   6.8A.   Originating process for proceedings to be entered in Possession List

           Division 3 - Defendant to proceedings to enter appearance

   6.9.    How appearance entered
   6.10.   Time for appearance
   6.11.   Defendant may submit to judgment by notice of appearance

           Division 4 - Contents of statement of claim and summons

   6.12.   Relief claimed
   6.12A.  (Repealed)
   6.13.   Notice to defendant in statement of claim
   6.14.   Notice to defendant in summons
   6.15.   Summons to specify return day
   6.16.   Alteration of return day in summons
   6.17.   Payment towards liquidated claim stays proceedings on claim

           Division 5 - Joinder of causes of action and joinder of parties

   6.18.   Joinder of causes of action
   6.19.   Proceedings involving common questions of law or fact
   6.20.   Proceedings affecting persons having joint entitlement
   6.21.   Proceedings affecting persons having joint or several liability
   6.22.   Court may order separate trials if joinder of party or cause of action inconvenient
   6.23.   Effect of misjoinder or non-joinder of parties
   6.24.   Court may join party if joinder proper or necessary
   6.25.   Joinder as plaintiff requires party’s consent
   6.26.   Joinder to recover costs
   6.27.   Joinder on application of third party
   6.28.   Date of commencement of proceedings in relation to parties joined

           Division 6 - Removal of parties

   6.29.   Removal of parties by order
   6.30.   Effect of certain changes on proceedings
   6.31.   Court may dismiss proceedings not prosecuted following death of party

           Division 7 - Orders as to future conduct of proceedings

   6.32.   Orders as to the future conduct of proceedings

           Division 8 - Referred questions of law and stated cases

   6.33.   Definitions
   6.34.   Application of Division
   6.35.   Originating process
   6.36.   Form of special case
   6.37.   Procedure for preparing special case
   6.38.   Conduct of proceedings
   6.39.   Insufficient case
   6.40.   Inferences
   6.41.   Referred matters under section 28 of the Constitution Further Amendment (Referendum) Act 1930

           Division 9 - Issues arising under foreign law

   6.42.   Definitions
   6.43.   Filing of notices
   6.44.   Orders
   6.45.   Determination of issues arising in foreign court proceedings

   PART 7 - PARTIES TO PROCEEDINGS AND REPRESENTATION

           Division 1 - General

   7.1.    By whom proceedings may be commenced and carried on
   7.2.    Affidavit as to authority to commence and carry on proceedings in Supreme Court or District Court
   7.3.    Issue of subpoena in certain circumstances requires leave
   7.3A.   Notice of change of address by party

           Division 2 - Representation

   7.4.    7.5. (Repealed)
   7.6.    Representation in cases concerning administration of estates, trust property or statutory interpretation
   7.7.    Judgments and orders bind represented persons in estate and trust property proceedings
   7.8.    Court may determine who has conduct of proceedings
   7.9.    Judgments and orders bind beneficiaries
   7.10.   Interests of deceased person

           Division 3 - Executors, administrators and trustees

   7.11.   Executors, administrators and trustees
   7.12.   Beneficiaries and claimants

           Division 4 - Persons under legal incapacity

   7.13.   Definition
   7.14.   Proceedings to be commenced or carried on by tutor
   7.15.   Tutors generally
   7.16.   Tutor to file certain documents
   7.17.   Non-appearance of person under legal incapacity
   7.18.   Court may appoint and remove tutors

           Division 5 - Business names

   7.19.   Persons to sue and be sued in own name
   7.20.   Proceedings against defendant operating under unregistered business name
   7.21.   Defendant sued in business name to respond in own name
   7.22.   Plaintiff to amend documents in the proceedings to replace business name with defendant’s own name

           Division 6 - Relators

   7.23.   Relators

           Division 7 - Appointment and removal of solicitors

   7.24.   Power to act by solicitor
   7.25.   Adverse parties
   7.26.   Change of solicitor or agent
   7.27.   Removal of solicitor
   7.28.   Appointment of solicitor by previously unrepresented party
   7.29.   Withdrawal of solicitor
   7.30.   Effect of change
   7.31.   Actions by a solicitor corporation

           Division 8 - Commencement of proceedings under particular Acts

   7.32.   Proceedings under the Confiscation of Proceeds of Crime Act 1989

           Division 9 - Court appointed referral for legal assistance

   7.33.   Objectives
   7.34.   Definitions
   7.35.   Pro Bono Panel
   7.36.   Referral to a barrister or solicitor
   7.37.   Kind of assistance
   7.38.   Provision of assistance by barrister or solicitor
   7.39.   Cessation of assistance
   7.40.   Application for leave
   7.41.   Costs
   7.42.   Disbursements

   PART 8 - VENUE

   8.1.    Venue at which proceedings to be heard
   8.2.    Change of venue generally
   8.3.    Part not to apply to orders for examination

   PART 9 - CROSS-CLAIMS

   9.1.    Making of cross-claim
   9.2.    Existing parties need not enter separate appearance
   9.3.    Cross-claimant may rely on previous pleadings
   9.4.    Defence
   9.5.    Default of cross-defendant to cross-claim
   9.6.    Service on active parties
   9.7.    Service on new parties
   9.8.    Directions
   9.9.    Proceedings to continue together
   9.10.   Cross-claim may be separately prosecuted
   9.11.   Contribution or indemnity

   PART 10 - SERVICE OF DOCUMENTS GENERALLY

           Division 1 - Service generally

   10.1.   Service of filed documents
   10.2.   Service of affidavits
   10.3.   Service of originating process in Australia
   10.4.   Operation of Service and Execution of Process Act 1992 of the Commonwealth

           Division 2 - Manner of service

   10.5.   The various methods of service
   10.6.   Service in accordance with agreement between parties
   10.7.   Notice given or served by court
   10.8.   Service of defence by court
   10.9.   Service of process on defendant operating under unregistered business name
   10.10.  Service of process on defendant operating under registered business name
   10.11.  Service of process on partner in limited partnership
   10.12.  Service of process on person under legal incapacity
   10.13.  Acceptance of service by solicitor
   10.14.  Substituted and informal service generally
   10.15.  Substituted and informal service of originating process in proceedings for possession of land
   10.16.  Service by filing
   10.17.  Service of injunctions
   10.18.  Service at address for service in other court or tribunal
   10.19.  Waiver of objection to service

           Division 3 - Personal service

   10.20.  Personal service required only in certain circumstances
   10.21.  How personal service effected generally
   10.22.  Personal service on corporation
   10.23.  Personal service on Crown Solicitor
   10.24.  Personal service on judicial officers
   10.25.  Personal service on inmate of correctional centre
   10.26.  Personal service on person who “keeps house”
   10.27.  Proof of identity

           Division 4 - Service under particular Acts

   10.28.  Service under the Confiscation of Proceeds of Crime Act 1989
   10.29.  Service under the Industrial Relations Act 1996

   PART 11 - SERVICE OF DOCUMENTS OUTSIDE AUSTRALIA AND SERVICE OF EXTERNAL PROCESS

           Division 1 - General

   11.1.   Application of Part
   11.2.   Operation of Commonwealth laws and Hague Convention

           Division 1A - Service outside of Australia in accordance with harmonised rules

   11.3.   Division does not apply to service in New Zealand of documents for or in certain trans-Tasman proceedings
   11.4.   Cases for service of originating process
   11.5.   When allowed with leave
   11.6.   Court’s discretion whether to assume jurisdiction
   11.7.   Notice to person served outside Australia
   11.8.   Time for filing appearance
   11.8AA. Leave to proceed where no appearance by person
   11.8AB. Service of other documents outside Australia
   11.8AC. Mode of service

           Division 2 - Service outside Australia in accordance with Attorney General’s arrangements

   11.8A.  Application of Division
   11.9.   Definitions
   11.10.  Filing of requisite documents
   11.11.  Procedure on filing and lodgment
   11.12.  Recovery of unpaid expenses

           Division 3 - Service of external process

   11.13.  Application
   11.14.  Requisite documents
   11.15.  Service
   11.16.  Affidavit of service
   11.17.  Certificate

   PART 11A - SERVICE UNDER THE HAGUE CONVENTION

           Division 1 - Preliminary
           Note
           Note
           Note

   11A.1.  Definitions
   11A.2.  Provisions of this Part to prevail

           Division 2 - Service abroad of local judicial documents

   11A.3.  Application of Division
   11A.4.  Application for request for service abroad
   11A.5.  How application to be dealt with
   11A.6.  Procedure on receipt of certificate of service
   11A.7.  Payment of costs
   11A.8.  Evidence of service

           Division 3 - Default judgment following service abroad of initiating process

   11A.9.  Application of Division
   11A.10. Restriction on power to enter default judgment if certificate of service filed
   11A.11. Restriction on power to enter default judgment if certificate of service not filed
   11A.12. Setting aside judgment in default of appearance

           Division 4 - Local service of foreign judicial documents

   11A.13. Application of Division
   11A.14. Certain documents to be referred back to the Attorney-General’s Department of the Commonwealth
   11A.15. Service
   11A.16. Affidavit as to service

   PART 12 - DISCONTINUANCE, WITHDRAWAL, DISMISSAL AND SETTING ASIDE OF ORIGINATING PROCESS

           Division 1 - Discontinuance of claim

   12.1.   Discontinuance of proceedings
   12.2.   (Repealed)
   12.3.   Effect of discontinuance
   12.4.   Stay of further proceedings to secure costs of discontinued proceedings

           Division 2 - Withdrawal of appearance or pleading

   12.5.   Withdrawal of appearance
   12.6.   Withdrawal of matter in defence or subsequent pleading

           Division 3 - Dismissal of proceedings etc for lack of progress

   12.7.   Dismissal of proceedings etc for want of due despatch
   12.8.   Additional grounds for dismissal of proceedings by Supreme Court or Land and Environment Court
   12.9.   Additional grounds for dismissal of proceedings by District Court or Local Court
   12.10.  Stay of further proceedings to secure costs of proceedings dismissed

           Division 4 - Setting aside originating process

   12.11.  Setting aside originating process etc

   PART 13 - SUMMARY DISPOSAL

   13.1.   Summary judgment
   13.2.   Stay of judgment pending determination of cross-claim
   13.3.   Continuation of proceedings following partial judgment
   13.4.   Frivolous and vexatious proceedings
   13.5.   Continuation of proceedings following partial dismissal
   13.6.   Non-appearance by plaintiff

   PART 14 - PLEADINGS

           Division 1 - Preliminary

   14.1.   Application

           Division 2 - Defence and further pleadings

   14.2.   Trial without further pleadings
   14.3.   Defence
   14.4.   Reply
   14.5.   Further pleadings

           Division 3 - Form of pleading generally

   14.6.   Pleadings to be divided into paragraphs
   14.7.   Pleadings to contain facts, not evidence
   14.8.   Pleadings to be brief
   14.9.   References in pleadings to documents and spoken words
   14.10.  Certain facts need not be pleaded
   14.11.  Conditions precedent presumed to have been met
   14.12.  Pleading of facts in short form in certain money claims
   14.13.  Pleading not to claim an amount for unliquidated damages
   14.14.  General rule as to matters to be pleaded specifically
   14.15.  Pleadings concerning possession of land
   14.16.  Defendant’s pleading of contributory negligence
   14.17.  New matter may be raised in pleading
   14.18.  Pleadings to be consistent as to allegations of fact
   14.19.  Pleadings may raise points of law
   14.20.  Pleading the general issue
   14.21.  Pleadings concerning claims under Property (Relationships) Act 1984

           Division 4 - Verification of pleadings

   14.22.  Pleadings in proceedings for defamation, malicious prosecution, false imprisonment, death and personal injury
   14.23.  Verification of certain pleadings
   14.24.  Court may order pleadings to be further verified

           Division 5 - General

   14.25.  Defence of tender
   14.26.  Admission and traverse from pleadings
   14.27.  Joinder of issue
   14.28.  Circumstances in which court may strike out pleadings
   14.29.  Defence of extinction of right or title

           Division 6 - Pleadings concerning defamation
           Note

   14.30.  Allegations in statements of claim generally
   14.31.  Defamation defences generally
   14.32.  Defence of justification generally
   14.33.  Defence of contextual truth
   14.34.  Defence of absolute privilege
   14.35.  Defences for publication of public and official documents
   14.36.  Defences of fair report of proceedings of public concern
   14.37.  Defence of qualified privilege
   14.38.  Defences of comment or honest opinion
   14.39.  Defence of innocent dissemination
   14.40.  Defence of triviality

   PART 15 - PARTICULARS

           Division 1 - General

   15.1.   Pleadings must give all necessary particulars
   15.2.   Use of “Scott Schedule” in building, technical and other cases
   15.3.   Allegations of behaviour in the nature of fraud
   15.4.   Allegations as to condition of mind
   15.5.   Allegations of negligence and breach of statutory duty in common law claims in tort
   15.6.   Claims for out of pocket expenses
   15.7.   Claims for exemplary damages
   15.8.   Claims for aggravated damages
   15.9.   Manner of giving particulars
   15.10.  Order for particulars
   15.11.  Particulars concerning claims under Property (Relationships) Act 1984

           Division 2 - Personal injury cases

   15.12.  Particulars required for proceedings generally
   15.13.  Particulars required for proceedings under Compensation to Relatives Act 1897
   15.14.  Statements, documents and reports to be complete
   15.15.  (Repealed)
   15.16.  Effect of failure to comply with Division
   15.17.  Division not to apply in certain circumstances

           Division 3 - Interim payments

   15.18.  Interim payments

           Division 4 - Defamation
           Note

   15.19.  Particulars in relation to statements of claim for defamation
   15.20.  Particulars in relation to statements of claim by corporations
   15.21.  Particulars of defamation defences generally
   15.22.  Particulars in relation to defence of justification
   15.23.  Particulars in relation to the defence of contextual truth
   15.24.  Particulars in relation to defence of absolute privilege
   15.25.  Particulars in relation to defences for publication of public and official documents
   15.26.  Particulars in relation to defences of fair report of proceedings of public concern
   15.27.  Particulars in relation to defence of qualified privilege
   15.28.  Particulars in relation to defences of comment and honest opinion
   15.29.  Particulars in relation to defence of innocent dissemination
   15.30.  Particulars in relation to defence of triviality
   15.31.  Particulars concerning grounds that defeat defamation defences
   15.32.  Particulars concerning damages

   PART 16 - DEFAULT JUDGMENT

   16.1.   Application of Part
   16.2.   Definition of “in default”
   16.3.   Procedure where defendant in default
   16.4.   Default judgment on claim for possession of land
   16.5.   Default judgment on claim for detention of goods
   16.6.   Default judgment on debt or liquidated claim
   16.7.   Default judgment on claim for unliquidated damages
   16.8.   Default judgment on mixed claims
   16.9.   Judgment for costs alone after other claims satisfied
   16.10.  Judgment not limited by plaintiff’s claims for relief

   PART 17 - ADMISSIONS

   17.1.   Definitions
   17.2.   Voluntary admissions of fact
   17.3.   Notice to admit facts
   17.4.   Notice to admit documents
   17.5.   Admission of documents discovered
   17.6.   Restricted effect of admission
   17.7.   Judgment on admissions

   PART 18 - MOTIONS

   18.1.   Applications for court orders to be made by motion
   18.2.   Requirement for notice
   18.3.   Contents of notice of motion
   18.4.   Time for service of notice
   18.5.   Notice to be personally served on persons who have not entered appearance
   18.6.   Hearing of interlocutory applications
   18.7.   Motion may be dealt with in party’s absence
   18.8.   Further hearing
   18.9.   Directions as to conduct of proceedings on notice of motion

   PART 19 - AMENDMENT

   19.1.   Amending a statement of claim
   19.2.   Amendments to add or remove parties
   19.3.   Duration of leave or consent
   19.4.   Disallowance of amendment
   19.5.   Mode of amendment generally
   19.6.   Court may give directions as to mode of amendment

   PART 20 - RESOLUTION OF PROCEEDINGS WITHOUT HEARING

           Division 1 - Mediation

   20.1.   Application of Division
   20.2.   Directions
   20.3.   Statements as to proposed referral to mediation
   20.4.   Appointments by mediator
   20.5.   Completion of mediation
   20.6.   Mediation session procedure
   20.7.   Notifications after mediation

           Division 2 - Arbitration

   20.8.   Proceedings that may not be referred to arbitration
   20.9.   Reference to arbitration under Part 5 of the Civil Procedure Act 2005
   20.10.  Medical reports
   20.11.  Award of arbitrator
   20.12.  Rehearing

           Division 3 - References to referees

   20.13.  Definitions
   20.14.  Orders of referral
   20.15.  Appointment of referees
   20.16.  Two or more referees
   20.17.  Inquiry and report
   20.18.  Remuneration of referee
   20.19.  Court rooms
   20.20.  Conduct of proceedings under the reference
   20.21.  Interlocutory directions
   20.22.  Setting aside or variation of reference
   20.23.  Report
   20.24.  Proceedings on the report

           Division 3A - Conciliation

   20.24A. Application of Division
   20.24B. Referral of recovery proceedings for conciliation
   20.24C. Certificate of result of conciliation of recovery proceedings
   20.24D. Resolution of recovery proceedings after certificate issued

           Division 4 - Compromise

   20.25.  Definitions
   20.26.  Making of offer
   20.27.  Acceptance of offer
   20.28.  Withdrawal of acceptance
   20.29.  Failure to comply with accepted offer
   20.30.  Disclosure of offer to court or arbitrator
   20.31.  Compromises in certain Supreme Court proceedings
   20.32.  Offer to contribute

           Division 5 - (Repealed)
           None

           Division 6 - Acknowledgment of liquidated claim

   20.34.  Defendant may file acknowledgment

   PART 21 - DISCOVERY, INSPECTION AND NOTICE TO PRODUCE DOCUMENTS

           Division 1 - Discovery and inspection

   21.1.   Definitions
   21.2.   Order for discovery
   21.3.   List of documents to be prepared
   21.4.   Affidavit and certificate supporting list of documents
   21.5.   Documents to be made available
   21.6.   Subsequently found documents to be made available
   21.7.   Discovered documents not to be disclosed
   21.8.   Personal injury claims

           Division 2 - Notice to produce before hearing

   21.9.   Definitions
   21.10.  Notice to produce for inspection by parties
   21.11.  Production under notice to produce
   21.12.  Personal injury claims
   21.13.  Costs and expenses of compliance

   PART 22 - INTERROGATORIES

   22.1.   Interrogatories
   22.2.   Objections to specific interrogatories
   22.3.   Answers to interrogatories
   22.4.   Insufficient answer
   22.5.   Default
   22.6.   Answers to interrogatories as evidence

   PART 23 - MEDICAL EXAMINATIONS AND INSPECTION OF PROPERTY

           Division 1 - Medical examination

   23.1.   Application and definitions
   23.2.   Notice for medical examination
   23.3.   Expenses
   23.4.   Order for examination
   23.5.   Medical expert for person concerned

           Division 2 - Rehabilitation assessment

   23.6.   Application and definitions
   23.7.   Order for rehabilitation tests

           Division 3 - Inspection of property

   23.8.   Inspection of property

           Division 4 - Default

   23.9.   Default

   PART 24 - TAKING EVIDENCE OTHERWISE THAN AT TRIAL

   24.1.   Application of Part
   24.2.   Construction of certain references
   24.3.   Order for examination of witness
   24.4.   Judicial officer or court officer as examiner
   24.5.   Letter of request
   24.6.   Evidence otherwise than on oath
   24.7.   Documents for examiner
   24.8.   Appointment for examination
   24.9.   Conduct of examination
   24.10.  Examination of additional persons
   24.11.  Objection
   24.12.  Recording of evidence generally
   24.13.  Audio-visual recording of evidence
   24.14.  Authentication and filing
   24.15.  Special report
   24.16.  Default of witness
   24.17.  Order for payment of expenses
   24.18.  Perpetuation of testimony
   24.19.  Operation of directions under Evidence on Commission Act 1995
   24.20.  Witness expenses

   PART 25 - INTERIM PRESERVATION

           Division 1 - General

   25.1.   Application
   25.2.   Order in urgent case before commencement of proceedings
   25.3.   Preservation of property
   25.4.   Disposal of personal property
   25.5.   Interim distribution
   25.6.   Interim income
   25.7.   Payment before ascertainment of all persons interested
   25.8.   Meaning of “usual undertaking as to damages”
   25.9.   Orders may be made at any stage of proceedings

           Division 2 - Freezing orders
           Note

   25.10.  Interpretation
   25.11.  Freezing order
   25.12.  Ancillary order
   25.13.  Respondent need not be party to proceeding
   25.14.  Order against judgment debtor or prospective judgment debtor or third party
   25.15.  Jurisdiction
   25.16.  Service outside Australia of application for freezing order or ancillary order
   25.17.  Costs

           Division 3 - Search orders
           Note

   25.18.  Interpretation
   25.19.  Search order
   25.20.  Requirements for grant of search order
   25.21.  Jurisdiction
   25.22.  Terms of search order
   25.23.  Independent solicitors
   25.24.  Costs

   PART 26 - RECEIVERS

   26.1.   Application
   26.2.   Address for service
   26.3.   Security
   26.4.   Remuneration
   26.5.   Accounts
   26.6.   Default
   26.7.   Powers
   26.8.   Account on death

   PART 27 - DISPOSAL OF LAND

   27.1.   Power to order sale
   27.2.   Manner of sale
   27.3.   Certificate of sale
   27.4.   Mortgage, exchange or partition

   PART 28 - SEPARATE DECISION OF QUESTIONS AND CONSOLIDATION

           Division 1 - Preliminary

   28.1.   Definition

           Division 2 - Separation of questions

   28.2.   Order for decision
   28.3.   Record of decision
   28.4.   Disposal of proceedings

           Division 3 - Consolidation etc of proceedings

   28.5.   Consolidation etc of proceedings

   PART 29 - TRIALS

   29.1.   Beginning and opposite parties
   29.2.   Applications and requisitions for juries in proceedings other than defamation proceedings
   29.2A.  Elections for juries in defamation proceedings
   29.3.   Time and place of trial
   29.4.   Trial to deal with all questions and issues
   29.5.   Conduct of trials generally
   29.6.   Order of evidence and addresses
   29.7.   Procedure to be followed if party is absent
   29.8.   Dismissal of proceedings on plaintiff’s application
   29.9.   Dismissal of proceedings on defendant’s application
   29.10.  Judgment for want of evidence
   29.11.  Judgment despite verdict, finding or assessment
   29.12.  Death of party before judgment
   29.13.  Record of trial to be kept
   29.14.  Court may refuse to hear proceedings if fees unpaid
   29.15.  Statement in open court about settled defamation proceedings
   29.16.  Offers to make amends for defamatory publications: determination of questions

   PART 30 - ASSESSMENT OF DAMAGES AND VALUE OF GOODS

   30.1.   Damages under judgment
   30.2.   Value of goods under judgment
   30.3.   Damages to time of assessment

   PART 31 - EVIDENCE

           Division 1 - Evidence at hearing

   31.1.   Manner of giving evidence at trial
   31.2.   Evidence of witnesses at other hearings
   31.3.   Evidence by telephone, video link or other communication
   31.4.   Court may direct party to furnish witness statement
   31.5.   Notice under s 67 or s 99 of the Evidence Act 1995
   31.6.   Evidence on commission
   31.7.   Foreign material
   31.8.   Earlier evidence in the same proceedings
   31.9.   Earlier evidence in other proceedings
   31.10.  Plans, photographs, audio-visual recordings and models
   31.11.  Production of court documents
   31.12.  Proof of court documents
   31.13.  Unstamped documents: arrangements under section 304 of the Duties Act 1997
   31.14.  Unstamped documents: undertaking in respect of section 29 of the Stamp Duties Act 1920
   31.15.  Evidence of consent to act as tutor, trustee, receiver or other office
   31.16.  Evidence of published research concerning maintenance of children
   31.16A. Return of exhibits

           Division 2 - Provisions applicable to expert evidence generally
           Note

              Subdivision 1 - Preliminary

   31.17.  Main purposes of Division
   31.18.  Definitions

              Subdivision 2 - Expert witnesses generally

   31.19.  Parties to seek directions before calling expert witnesses
   31.20.  Court may give directions regarding expert witnesses
   31.21.  Expert evidence in chief to be given by way of experts’ reports
   31.22.  Expert witness to provide details of contingency fees or deferred payment schemes
   31.23.  Code of conduct
   31.24.  Conference between expert witnesses
   31.25.  Instructions to expert witnesses where conference ordered before report furnished
   31.26.  Joint report arising from conference between expert witnesses

              Subdivision 3 - Experts’ reports and expert evidence

   31.27.  Experts’ reports
   31.28.  Disclosure of experts’ reports and hospital reports
   31.29.  Admissibility of expert’s report
   31.30.  Admissibility of expert’s report in District Court and Local Court
   31.31.  Fees for medical expert for compliance with subpoena
   31.32.  Service of subpoena on medical expert
   31.33.  Subpoena requiring production of medical records
   31.34.  Supplementary reports by expert witness
   31.35.  Opinion evidence by expert witnesses
   31.36.  Service of experts’ reports in professional negligence claims

              Subdivision 4 - Parties’ single experts

   31.37.  Selection and engagement
   31.38.  Instructions to parties’ single expert
   31.39.  Parties’ single expert may apply to court for directions
   31.40.  Parties’ single expert’s report to be sent to parties
   31.41.  Parties may seek clarification of report
   31.42.  Tender of reports and of answers to questions
   31.43.  Cross-examination of parties’ single expert
   31.44.  Prohibition of other expert evidence
   31.45.  Remuneration of parties’ single expert

              Subdivision 5 - Court-appointed experts

   31.46.  Selection and appointment
   31.47.  Instructions to court-appointed expert
   31.48.  Court-appointed expert may apply to court for directions
   31.49.  Court-appointed expert’s report to be sent to registrar
   31.50.  Parties may seek clarification of court-appointed expert’s report
   31.51.  Cross-examination of court-appointed expert
   31.52.  Prohibition of other expert evidence
   31.53.  Remuneration of court-appointed expert
   31.54.  Assistance to court by other persons

           Division 3 - (Repealed)
           None

   PART 32 - TRANS-TASMAN PROCEEDINGS ACT 2010 (COMMONWEALTH)

           Division 1 - Preliminary

   32.1.   Interpretation
   32.2.   Application of Part

           Division 2 - Commencement of proceeding

   32.3.   Commencement of civil proceeding for order under Trans-Tasman Proceedings Act
   32.4.   Interlocutory proceeding under Trans-Tasman Proceedings Act

           Division 3 - Subpoenas

   32.5.   Application for leave to serve subpoena in New Zealand
   32.6.   Application to set aside subpoena
   32.7.   Application for issue of certificate of non-compliance with subpoena

           Division 4 - Enforcement of New Zealand orders and judgments

   32.8.   Notice of registration of NZ judgment
   32.9.   Application for extension of time to give notice of registration of NZ judgment
   32.10.  Application to set aside registration of NZ judgment
   32.11.  Application for stay of enforcement of registered NZ judgment to enable liable person to appeal judgment
   32.12.  Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal judgment

           Division 5 - Miscellaneous

   32.13.  Application for order for use of audio link or audiovisual link

   PART 33 - SUBPOENAS
   Note

   33.1.   Definitions
   33.2.   Issuing of subpoena
   33.3.   Form of subpoena
   33.4.   Setting aside or other relief
   33.5.   Service
   33.6.   Compliance with subpoena
   33.7.   Production otherwise than on attendance
   33.8.   Removal, return, inspection, copying and disposal of documents and things
   33.9.   Inspection of, and dealing with, documents and things produced otherwise than on attendance
   33.10.  Disposal of documents and things produced
   33.11.  Costs and expenses of compliance
   33.12.  Failure to comply with subpoena-contempt of court
   33.13.  Documents and things in the custody of a court

   PART 34 - NOTICES TO PRODUCE AT HEARING

   34.1.   Notice to produce to court
   34.2.   Production under notice to produce to court
   34.3.   Costs and expenses of compliance

   PART 35 - AFFIDAVITS

   35.1.   Irregularity does not invalidate affidavit
   35.2.   Cross-examination of deponent
   35.3.   Persons who may make affidavit
   35.3A.  Heading to affidavit
   35.4.   Format of affidavit dealing with more than one matter
   35.5.   Alterations
   35.6.   Annexures and exhibits
   35.7.   Affidavits by persons who cannot read
   35.7A.  Name of legal practitioner or commissioner for affidavits on affidavit
   35.7B.  Each page of affidavit to be signed
   35.8.   Affidavit of service not to annex copies of filed documents
   35.9.   Filing of affidavits

   PART 36 - JUDGMENTS AND ORDERS

           Division 1 - General

   36.1.   General relief
   36.1A.  Consent orders
   36.2.   Written reasons for judgment
   36.3.   Reserved decision
   36.4.   Date of effect of judgments and orders
   36.5.   Time for compliance with judgments and orders
   36.6.   Judicial notice to be taken of orders and undertakings
   36.7.   Payment of interest
   36.8.   Possession of land
   36.9.   Arrest warrants
   36.10.  Filing of cost assessors’ certificates

           Division 2 - Entry of judgments and orders

   36.11.  Entry of judgments and orders

           Division 3 - Copies and service

   36.12.  Registrar to furnish copies of judgments and other documents
   36.13.  Registrar to furnish copies of external judgments
   36.14.  Service of judgment or order not required

           Division 4 - Setting aside and variation of judgments

   36.15.  General power to set aside judgment or order
   36.16.  Further power to set aside or vary judgment or order
   36.17.  Correction of judgment or order (“slip rule”)
   36.18.  Variation of judgment or order against party operating under unregistered business name

   PART 37 - TIME TO PAY AND PAYMENT BY INSTALMENTS

   37.1.   Instalments under Fines Act 1996
   37.1A.  Instalment order made pursuant to agreement between judgment creditor and judgment debtor
   37.2.   Application for instalment order by judgment debtor
   37.3.   Instalment order made by registrar
   37.4.   Instalment order made by court
   37.4A.  Payment of instalments under instalment order
   37.5.   Stay of execution pending determination of application for instalment order
   37.6.   Variation or rescission of instalment order on proof of improvement in judgment debtor’s financial circumstances
   37.7.   Effect of instalment order on judgment debt

   PART 38 - EXAMINATION OF JUDGMENT DEBTOR ETC

   38.1.   Examination notice
   38.2.   Application for order for examination
   38.3.   Orders for examination
   38.4.   Venue of examination
   38.5.   Examination under an order for examination under rule 38.3
   38.6.   Arrest warrant where person fails to comply with order for examination under rule 38.3
   38.7.   Application of Part to persons that are corporations

   PART 39 - ENFORCEMENT OF JUDGMENTS

           Division 1 - Enforcement of writs of execution generally

   39.1.   Circumstances in which issue of writ requires leave
   39.2.   Application for writ of execution
   39.3.   Affidavit in support of application for writ of execution
   39.3A.  Sheriff to be informed of persons in occupation of land
   39.4.   Order in which writs for the levy of property to be dealt with
   39.5.   Property to be sold promptly
   39.6.   Order in which property to be sold
   39.7.   Sale to be by public auction
   39.8.   Auctioneer
   39.9.   Sale to be arranged so as to obtain highest prices
   39.10.  Approximate market value
   39.11.  Postponement
   39.12.  Suspension of execution by judgment creditor
   39.13.  Sale by private treaty
   39.14.  Conditions of sale
   39.15.  How proceeds of enforcement to be applied
   39.16.  Account
   39.17.  Sheriff may require security for costs of execution
   39.18.  Sheriff to serve copy of writ when executing or attempting to execute writ
   39.19.  When writ may not be executed
   39.20.  Expiry and renewal of writ of execution

           Division 2 - Enforcement of writs against land

   39.21.  Judgment creditor’s notice to judgment debtor
   39.22.  Judgment creditor’s application for sale
   39.23.  Sale to be publicly advertised
   39.24.  Proof of service and publication
   39.25.  Satisfaction by judgment debtor
   39.26.  Documents giving effect to sale
   39.27.  Sheriff or auctioneer to report
   39.28.  Payment to judgment debtor

           Division 3 - Enforcement of writs against goods etc

   39.29.  Removal of goods
   39.30.  Time of sale
   39.31.  Sale to be publicly advertised
   39.32.  Sheriff or auctioneer to report
   39.33.  Possession fees

           Division 4 - Garnishee orders

   39.34.  Application for garnishee order
   39.35.  Affidavit in support of application for garnishee order
   39.36.  Form of garnishee order for debts
   39.37.  Form of garnishee order for wage or salary
   39.38.  Court may refuse to make garnishee order
   39.39.  When garnishee order takes effect
   39.39A. When garnishee not obligated to pay amount to judgment creditor
   39.40.  Affidavit that no debt due or accruing
   39.41.  Lien or claim of third person
   39.42.  Amounts garnishee may retain
   39.43.  Notice required for certain attached debts yet to accrue
   39.43A. Application of Division to application for garnishee order by owners corporation relating to unpaid contributions

           Division 5 - Charging orders

   39.44.  Application for charging order
   39.45.  Affidavit in support of application for charging order

           Division 6 - General

   39.46.  Value below which Sheriff may not seize tools of trade
   39.47.  Costs of prior execution not enforceable without costs assessor’s certificate
   39.48.  Charge on partnership interest
   39.49.  Enforcement by or against non-party
   39.50.  Non-performance of condition
   39.51.  Return of writ
   39.52.  Orders authorising entry to premises by Sheriff

   PART 40 - ADDITIONAL MEASURES FOR ENFORCING JUDGMENTS AND ORDERS OF THE SUPREME COURT AND DISTRICT COURT

           Division 1 - Provisions applicable to the Supreme Court only

   40.1.   Application of Division
   40.2.   Payment of money
   40.3.   Leave for issue: sequestration
   40.4.   Security for future conduct

           Division 2 - Provisions applicable to the Supreme Court, Land and Environment Court and District Court

   40.5.   Application of Division
   40.6.   Doing or abstaining from doing an act
   40.7.   Service of copy of judgment before committal or sequestration
   40.8.   Substituted performance

   PART 41 - FUNDS IN COURT

   41.1.   Definitions
   41.2.   Deposit of funds
   41.3.   Withdrawal of deposited funds
   41.4.   Registrar to keep accounts
   41.5.   Investment
   41.6.   Interest not payable on certain funds in court
   41.7.   Payment to the NSW Trustee and Guardian
   41.8.   Interest on funds in court to abide the decision in proceedings
   41.9.   Non-attendance of parties following notice by court
   41.10.  Unclaimed funds
   41.11.  Authority of recipient
   41.12.  Death of payee
   41.13.  Payment to partners
   41.14.  Payment to executors or administrators
   41.15.  Discharge of registrar
   41.16.  Stop orders

   PART 42 - COSTS

           Division 1 - Entitlement to costs

   42.1.   General rule that costs follow the event
   42.2.   General rule as to assessment of costs
   42.3.   (Repealed)
   42.4.   Power to order maximum costs
   42.5.   Indemnity costs
   42.6.   Amendment of pleading etc without leave
   42.7.   Interlocutory applications and reserved costs
   42.8.   Dispute of fact subsequently proved or admitted
   42.9.   Dispute of authenticity of document subsequently proved or admitted
   42.10.  Disobedience to rule, judgment, order or direction
   42.11.  Injunction

           Division 2 - Arbitration rehearings under Division 3 of Part 5 of Civil Procedure Act 2005

   42.12.  Rehearings under Division 3 of Part 5 of Civil Procedure Act 2005

           Division 3 - Offers of compromise

   42.13.  Application
   42.13A. Where offer accepted and no provision for costs
   42.14.  Where offer not accepted and judgment no less favourable to plaintiff
   42.15.  Where offer not accepted and judgment no more favourable to plaintiff
   42.15A. Where offer not accepted and judgment no less favourable to defendant
   42.16.  Costs with respect to interest
   42.17.  Miscellaneous

           Division 4 - Offers to contribute

   42.18.  Offer to contribute

           Division 5 - Proceedings discontinued or dismissed

   42.19.  Proceedings discontinued
   42.20.  Dismissal of proceedings etc

           Division 6 - Security for costs

   42.21.  Security for costs

           Division 7 - General

   42.22.  Money paid into court
   42.23.  Costs in account
   42.24.  Costs of solicitor appointed as tutor
   42.25.  Costs of trustee or mortgagee
   42.26.  Order confirming rule as to payment of costs
   42.27.  Attendance
   42.28.  Orders as to costs in relation to instalment order
   42.29.  Patents, trade marks and designs
   42.30.  Property (Relationships) Act 1984
   42.31.  Recovery of assessed costs in Supreme Court
   42.32.  Smyth orders
   42.33.  Certain costs orders not to be made unless parties have attempted to agree on amount
   42.34.  Costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court
   42.35.  Costs order not to be made in proceedings in District Court unless Court satisfied proceedings in appropriate court

   PART 43 - INTERPLEADER PROCEEDINGS

           Division 1 - Preliminary

   43.1.   Definitions

           Division 2 - Stakeholder’s interpleader

   43.2.   Court may grant interpleader on application by stakeholder

           Division 3 - Sheriff’s interpleader

   43.3.   Notice of claim by claimant
   43.4.   Sheriff may apply for claimant’s proceedings to be restrained or stayed
   43.5.   Admission of claim
   43.6.   Interpleader motion

           Division 4 - General

   43.7.   Powers generally
   43.8.   Default by claimant
   43.9.   Neutrality of applicant
   43.10.  Order in multiple proceedings
   43.11.  Trial of questions arising in proceedings for interpleader

   PART 44 - TRANSFER OF PROCEEDINGS

           Division 1 - (Repealed)
           None

           Division 2 - Cross-vesting laws

   44.2.   Definitions
   44.3.   Mode of application
   44.4.   Attorney-General
   44.5.   Application relating to transfer
   44.6.   Application of other laws or rules

           Division 3 - Transfers under other legislation

   44.7.   Proceedings after transfer etc to the Court
   44.8.   Directions and service of order

   PART 45 - SPECIALIST LISTS

           Division 1 - Supreme Court specialist lists

   45.1.   Entry as indicated by originating process
   45.2.   Entry and removal of proceedings pursuant to order of Supreme Court
   45.3.   The Administrative Law List
   45.4.   The Possession List
   45.5.   The Professional Negligence List
   45.6.   The Commercial List
   45.7.   The Technology and Construction List
   45.7A.  The Revenue List
   45.8.   Proceedings under particular Acts and instruments

           Division 2 - District Court specialist lists

   45.9.   Specialist lists
   45.10.  Entry as indicated by originating process
   45.11.  The Construction List
   45.12.  The Commercial List
   45.13.  The Professional Negligence List
   45.13A. The Property Relationships List
   45.14.  Proceedings under particular Acts and instruments

   PART 46 - ACCOUNTS AND INQUIRIES

           Division 1 - General

   46.1.   Application of Part
   46.2.   Account: summary order
   46.3.   Account or inquiry at any stage
   46.4.   Account: directions
   46.5.   Account: form and verification
   46.6.   Account: filing and service
   46.7.   Account: notice of charge or error
   46.8.   Account: allowances
   46.9.   Delay

           Division 2 - Equity Division of the Supreme Court: General

   46.10.  Application
   46.11.  Motion to proceed
   46.12.  Notice of judgment
   46.13.  Directions
   46.14.  Representation of parties
   46.15.  Costs of attendance
   46.16.  Settlement of instrument
   46.17.  Interest on debts
   46.18.  Interest on legacies

           Division 3 - Equity Division of the Supreme Court: administration accounts and inquiries etc

   46.19.  Application
   46.20.  Advertisements
   46.21.  Particulars of claim
   46.22.  Notice of judgment
   46.23.  Examination of claims
   46.24.  Account: list of claims
   46.25.  Inquiry: list of claims
   46.26.  Verification of list
   46.27.  Adjudication
   46.28.  Notice to prove claim

   PART 47 - MATTERS ARISING UNDER THE COMMERCIAL ARBITRATION ACT 2010

           Division 1 - General

   47.1.   Definitions
   47.2.   Preliminary point of law
   47.3.   Time for applications and appeals
   47.4.   Subpoena
   47.5.   Court assistance in taking evidence
   47.6.   Application to enforce award
   47.7.   Leave to appeal
   47.8.   Method of entry into the Commercial Arbitration List
   47.9.   (Repealed)

           Division 2 - Offer of compromise

   47.10.  Application of Division
   47.11.  Interim awards
   47.12.  Mode of making offer
   47.13.  Application
   47.14.  Time for making or accepting offer
   47.15.  Time for payment
   47.16.  Withdrawal of acceptance
   47.17.  Offer without prejudice
   47.18.  Disclosure of offer to arbitrator
   47.19.  Failure to comply with accepted offer
   47.20.  Costs where offer not accepted

   PART 48 - MATTERS ARISING UNDER COMMONWEALTH INTELLECTUAL PROPERTY LEGISLATION

           Division 1 - Intellectual property cases generally

   48.1.   Application
   48.2.   Definitions
   48.3.   Expressions in this Part
   48.4.   Mode of commencement
   48.5.   Applications: service and date of hearing
   48.6.   Mode of giving notice to Commissioner
   48.7.   Appearance of Commissioner
   48.8.   Commissioner: notice of objection
   48.9.   Statement of facts

           Division 2 - The Patents Act 1990 of the Commonwealth

   48.10.  Amendment of patent etc: section 105
   48.11.  Infringement proceedings: section 120 (1)
   48.12.  Non-infringement declarations: section 125 (1)
   48.13.  Relief from unjustified threat: section 128 (1)
   48.14.  Compulsory licences, revocation etc
   48.15.  Particulars of invalidity
   48.16.  Experiments

           Division 3 - The Trade Marks Act 1995 of the Commonwealth

   48.17.  Particulars of infringements
   48.18.  Counter-claim to proceedings for infringement
   48.19.  Judgment in absence of defendant
   48.20.  Evidences for purposes of regulation 8.2 of the Trade Marks Regulations 1995

           Division 4 - The Designs Act 2003 of the Commonwealth

   48.21.  Particulars of infringements
   48.22.  Particulars of invalidity
   48.23.  Application for compulsory licence: section 90

           Division 5 - The Circuit Layouts Act 1989 of the Commonwealth

   48.24.  Applications concerning infringement of EL rights

   PART 49 - REFERENCE AND REMOVAL OF PROCEEDINGS, AND APPEALS AND REVIEWS, WITHIN THE COURT

           Division 1 - Matters before Supreme Court constituted by associate Judge

   49.1.   Construction of certain references
   49.2.   Reference and removal of proceedings
   49.3.   Disposal of proceedings referred or removed
   49.4.   Right of appeal

           Division 2 - Matters before a judicial registrar of the District Court

   49.5.   Reference of matter to the District Court
   49.6.   Court may order removal of proceedings from judicial registrar
   49.7.   Court may dispose of matter referred by or removed from judicial registrar

           Division 3 - Procedures for appeals to court from decisions of associate Judge

   49.7A.  Construction of certain references
   49.8.   Institution of appeal
   49.9.   Contents of notice of motion for appeal
   49.10.  Stay and reinstatement
   49.11.  Cross-appeal
   49.12.  Evidence
   49.13.  Notice of contention

           Division 4 - Review of decisions of registrar (other than judicial registrar)

   49.14.  Application of Division
   49.15.  Mandatory order to registrar
   49.16.  Reference of proceedings
   49.17.  Removal of proceedings
   49.18.  Disposal of proceedings referred or removed
   49.19.  Review of registrar’s directions, certificates, orders, decisions and other acts

           Division 5 - Procedures for applications for review of decisions of registrar (other than judicial registrar)

   49.20.  Applications generally
   49.21.49.24. (Repealed)

   PART 50 - APPEALS TO THE COURT

           Division 1 - Preliminary

   50.1.   Application
   50.2.   Definitions

           Division 2 - Appeals

   50.3.   Time for appeal
   50.4.   Statement of ground
   50.5.   Parties
   50.6.   Filing with court below
   50.7.   Stay
   50.8.   Security for costs
   50.9.   Date of hearing of appeal

           Division 3 - Cross-appeals

   50.10.  Cross-appeal
   50.11.  Notice of contention

           Division 4 - Applications for leave to appeal and cross-appeal

   50.12.  Leave to appeal
   50.13.  Leave to cross-appeal

           Division 5 - General

   50.14.  Reasons for decision, transcript and other parts of the record of the court below
   50.15.  Directions for service
   50.16.  Conduct of appeal
   50.16A. Objections to competency of appeal

           Division 6 - Appeals to District Court under section 91 of Children and Young Persons (Care and Protection) Act 1998

   50.17.  Definitions
   50.18.  Defendants in appeal
   50.19.  Children’s Court record
   50.20.  Notice of fresh evidence

           Division 7 - Appeals to District Court under section 39 of Victims Support and Rehabilitation Act 1996

   50.21.  Definitions
   50.22.  Venue
   50.23.  Application for leave
   50.24.  Tribunal record
   50.25.  Appeal

   PART 51 - COURT OF APPEAL

           Division 1 - Preliminary

   51.1.   Application of Part
   51.2.   Interpretation
   51.3.   Application of rules to notices of cross-appeal

           Division 2 - Parties and appearances

   51.4.   Parties
   51.5.   No step without notice of appearance

           Division 3 - Notices of intention to appeal

   51.6.   Notices of intention to appeal
   51.7.   Notices of intention to appeal cannot be filed in certain cases
   51.8.   Filing and service of a notice of intention to appeal
   51.9.   Effect of service of notice of intention to appeal
   51.9A.  Service of notice of intention to appeal by prospective respondent

           Division 4 - Applications for leave to appeal or cross-appeal

              Subdivision 1 - Making applications for leave

   51.10.  Filing and service of summons seeking leave to appeal
   51.11.  Filing and service of cross-summons seeking leave to cross-appeal

              Subdivision 2 - Supporting documentation

   51.12.  Party to file and serve White Folder with summons seeking leave
   51.13.  Opposing party to file a response

              Subdivision 3 - Powers on applications for leave

   51.14.  Concurrent hearings in relation to leave applications
   51.15.  Court may determine application for leave without attendance

           Division 5 - Appeals and cross-appeals

              Subdivision 1 - Institution of appeals and cross-appeals

   51.16.  Time for filing and service of notice of appeal
   51.17.  Filing and service of notice of cross-appeal

              Subdivision 2 - Notices of appeal and cross-appeal

   51.18.  Contents of notice of appeal
   51.19.  How claims for reinstatement or restitution to be made in appeal or cross-appeal
   51.20.  Notice of appeal to specify return day
   51.21.  Alteration of return day in notice of appeal
   51.22.  Absence of restriction on appeals as of right to be shown by certificate or affidavit
   51.23.  Amendment of notice of appeal

              Subdivision 3 - Appeal Books and other supporting documentation

   51.24.  Registrar to collect certain papers when notice of appeal filed or concurrency determination is made
   51.25.  Preparation of Appeal Book
   51.26.  Division of Appeal Book
   51.27.  Contents of Red Book
   51.28.  Contents of Black Book
   51.29.  Contents of Blue Book
   51.30.  Contents of Orange Book
   51.31.  Disputes as to contents of Appeal Book
   51.32.  Filing, lodgment and service of sections of Appeal Book
   51.33.  Overriding obligation to file Orange Book

              Subdivision 4 - Written submissions and chronologies

   51.34.  Filing written submissions and chronologies
   51.35.  Appellant’s chronology
   51.36.  Content of written submissions
   51.37.  Time for filing of written submissions and chronologies
   51.38.  Service of written submissions and chronologies

              Subdivision 5 - Use of material from leave applications

   51.39.  Court may order use of White Folder instead of preparation of Appeal Book and submissions

              Subdivision 5A - Written submissions-concurrent hearings

   51.39A. Concurrent hearings under rule 51.14

              Subdivision 6 - Notices of contention and objections to competency

   51.40.  Notices of contention
   51.41.  Objections to competency of appeal

           Division 6 - Effect of applications for leave and appeals on court below

   51.42.  Copies of certain documents to be filed or lodged with court below
   51.43.  Court below to retain exhibits if its decision is appealable
   51.44.  Appeal proceedings do not operate as stay unless Court or court below directs

           Division 7 - Proceedings other than appeal proceedings

   51.45.  Proceedings in supervisory jurisdiction

           Division 8 - Miscellaneous

              Subdivision 1 - Offers of compromise

   51.46.  Interpretation
   51.47.  Making of offers of compromise
   51.48.  Application of Division 3 of Part 42 to offers of compromise made in proceedings in Court
   51.49.  Relevance of offers of compromise made in proceedings in court below

              Subdivision 2 - Powers of Court

   51.50.  Security for costs
   51.51.  Additional evidence
   51.52.  Powers of Court on appeal not limited by certain procedural matters
   51.53.  Circumstances in which Court may order new trial
   51.54.  Reinstatement and restitution
   51.55.  Short reasons for decision

              Subdivision 3 - Discontinuances

   51.56.  Discontinuance of proceedings in Court

              Subdivision 4 - Other

   51.57.  Hearing in fixed vacation
   51.58.  Review of order of Judge of Appeal
   51.59.  Review of decisions of Registrar
   51.60.  Application for expedited hearing
   51.61.  Affidavits in support of orders sought by notice of motion

   PART 52 - TAKING EVIDENCE FOR FOREIGN AND AUSTRALIAN COURTS AND TRIBUNALS

   52.1.   Procedure
   52.2.   Application of other rules regarding the taking of evidence
   52.3.   Attendance of applicant
   52.4.   Transcript of evidence and exhibits
   52.5.   Certificate
   52.6.   Privilege of witness

   PART 53 - MATTERS ARISING UNDER THE FOREIGN JUDGMENTS ACT 1991 OF THE COMMONWEALTH

   53.1.   Definitions
   53.2.   Commencement of proceedings
   53.3.   Evidence
   53.4.   Security for costs
   53.5.   Order for registration
   53.6.   Notice of registration
   53.7.   Setting aside registration
   53.8.   Enforcement

   PART 54 - ADMINISTRATION OF ESTATES AND EXECUTION OF TRUSTS

   54.1.   Definitions
   54.2.   Application of Part
   54.3.   Relief without general administration
   54.4.   Claim under judgment
   54.5.   Relief that may be granted
   54.6.   Supreme Court not required to order general administration
   54.7.   Supreme Court may order general administration in certain circumstances
   54.8.   Conduct of sale

   PART 55 - MATTERS ARISING UNDER THE TRUSTEE ACT 1925

           Division 1 - Judicial advice

   55.1.   Statement
   55.2.   Order
   55.3.   Application by beneficiary
   55.4.   Appeal

           Division 2 - New trustees

   55.5.   Application
   55.6.   Evidence generally
   55.7.   Fitness of new trustee

           Division 3 - Payment into court

   55.8.   Application
   55.9.   Proceedings for directions as to payment into court
   55.10.  Affidavit in support of summons
   55.11.  Proceedings for directions as to payment out of court
   55.12.  Inquiries
   55.13.  (Repealed)

           Division 4 - (Repealed)
           None

   PART 56 - MATTERS ARISING UNDER THE ADOPTION ACT 2000

   56.1.   Interpretation
   56.2.   Commencement of proceedings
   56.3.   Duty to make full and frank disclosure
   56.4.   How application for adoption order is to be dealt with
   56.5.   Preliminary hearing
   56.6.   Applications appropriate for preliminary hearing
   56.7.   Filing of report in accordance with section 91 of the Adoption Act 2000
   56.8.   Evidence in support of application for adoption order
   56.9.   Judicial notice of instrument of consent
   56.10.  Notice to be given to Secretary
   56.11.  Proper officer of the Court
   56.12.  Access to Court records
   56.13.  Registration of adoption plans
   56.14.  Review of adoption plans

   PART 56A - MATTERS ARISING UNDER THE SURROGACY ACT 2010

   56A.1.  Interpretation
   56A.2.  Commencement of proceedings
   56A.3.  Duty to make full and frank disclosure
   56A.4.  How application for parentage order is to be dealt with
   56A.5.  Preliminary hearing
   56A.6.  Applications appropriate for preliminary hearing
   56A.7.  Filing of report in accordance with section 17 of the Surrogacy Act 2010
   56A.8.  Evidence in support of application for parentage order
   56A.9.  Affidavit of Australian legal practitioner
   56A.10. Access to Court records

   PART 57 - MATTERS ARISING UNDER THE NSW TRUSTEE AND GUARDIAN ACT 2009 OR GUARDIANSHIP ACT 1987

           Division 1 - Preliminary

   57.1.   Interpretation
   57.2.   Commencement of proceedings

           Division 2 - Applications under the NSW Trustee and Guardian Act 2009

   57.3.   Parties to application under section 41 or 54
   57.4.   Business concerning application under section 41 in the absence of parties
   57.5.   Evidence in support of application under section 41 or 54
   57.6.   Appointment of managers under section 52
   57.7.   “Usual orders” under sections 41 and 54
   57.8.   Evidence in support of application under section 86
   57.9.   Mode of making application under section 87
   57.10.  (Repealed)

           Division 3 - Miscellaneous

   57.11.  Setting aside or varying order
   57.12.  Review under section 6L of the Guardianship Act 1987

   PART 58 - REPRESENTATIVE PROCEEDINGS

   58.1.   Introduction
   58.2.   Opt out notice

   PART 59 - JUDICIAL REVIEW PROCEEDINGS

   59.1.   Application
   59.2.   Definitions
   59.3.   Commencement and parties
   59.4.   Content of summons
   59.5.   Service of summons
   59.6.   Response to summons
   59.7.   Procedure-evidence generally
   59.8.   Procedure-Court Book, defendant’s argument and plaintiff’s argument in reply
   59.9.   Special procedure where public authority is defendant
   59.10.  Time for commencing proceedings
   59.11.  Security for costs
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 5 (Repealed)
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           Dictionary


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