New South Wales Repealed Regulations

This legislation has been repealed.

WARDENS' COURTS RULES 1992 - SCHEDULE 1

SCHEDULE 1 – Forms

(Clause 7)

Form 1

HEADING AND CONCLUSION TO ORDERS AND OTHER DOCUMENTS

In the WARDEN’S COURT
at

No.of 19

Between A.B., Complainant
and
C.D., Defendant

[BODY OF ORDER OR DOCUMENT]

Dated thisday of19

Registrar.

Form 2

HEADING AND CONCLUSION TO AFFIDAVITS

In the WARDEN’S COURT
at

No.of 19

Between A.B., Complainant
and
C.D., Defendant

[BODY OF AFFIDAVIT]

Sworn/declared atin the State of New South Wales, thisday of19, before me.

Form 3

COMPLAINT AND SUMMONS

In the WARDEN’S COURT
at

No.of 19

Between A.B., Complainant
and
C.D., Defendant

TO: The Defendant.

The complainant claims:

(set out the relief or remedy claimed)

The grounds of the complainant’s claim are:

(set out grounds of claim)

You are summoned to appear at the warden’s court atatam/pm on theday of19to answer the complaint.

If you do not comply with this summons, the court may make any or all of the orders sought in the complaint, and any order so made will be binding against you.

Dated thisday of19

Registrar.

Form 4

WARRANT OF COMMITMENT FOR CONTEMPT

( Mining Act 1992 , section 330)

TO: All police constables and all governors of prisons in the State of New South Wales.

WHEREAS:

(set out the contempt)

AND WHEREAS A.B. was for the contempt adjudged by me (to pay a fine of $and in default of immediate payment) to be imprisoned fordays (unless the fine is sooner paid).

THIS WARRANT ORDERS that A.B. be arrested and delivered to the governor of the prison most convenient to the place of arrest, AND FURTHER ORDERS that A.B. be kept at that prison for the period ofdays from the arrest (unless the fine is sooner paid).

Given under my hand thisday of19

Warden.

Form 5

SUBPOENA TO GIVE EVIDENCE

In the WARDEN’S COURT
at

No.of 19

Between A.B., Complainant
and
C.D., Defendant

TO:

(Name)

OF:

(Address)

You are required to attend for the purpose of giving evidence before the warden’s court aton theday of19atam/pm and until you are excused from further attending. Failure to comply with the requirements of this subpoena may constitute an offence.

However, you need not comply with this subpoena if it is served on you less than 5 days before the date referred to above and you need not attend on any day unless reasonable expenses have been paid or tendered to you.

Dated thisday of19

Registrar.

Issued at the request of the complainant/complainant’s solicitor:

(name, address and telephone)

Form 6

SUBPOENA FOR PRODUCTION

In the WARDEN’S COURT
at

No.of 19

Between A.B., Complainant
and
C.D., Defendant

TO:

(Name)

OF:

(Address)

You are required to attend for the purpose of producing such of the documents or things described in the Schedule as are in your possession or control before the warden’s court aton theday of19atam/pm and until you are excused from further attending. Failure to comply with the requirements of this subpoena may constitute an offence.

However, you need not comply with this subpoena if it is served on you less than 5 days before the date referred to above and you need not attend on any day unless reasonable expenses have been paid or tendered to you.

If you are not a party to the proceedings you may, instead of attending, produce this subpoena, and such of the documents or things described in the Schedule as are in your possession or control, to the registrar of the warden’s court at the above place not later than the day before the day referred to above.

If, as an officer of a bank, you are required by this subpoena to produce a banker’s book, and Part 4 of the Evidence Act 1898 applies, you need not produce it if you produce proof of the relevant entries in it in accordance with that Part.

SCHEDULE

(description of documents or things to be produced)

Dated thisday of19

Registrar.

Issued at the request of the complainant/complainant’s solicitor:

(name, address and telephone)