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SUPREME COURT RULES - NOTES
SUPREME COURT RULES
As in force at 26 November 2008
NOTES
Last day for service
1. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Witness assistance
4. You need not comply with this subpoena to the extent it requires you to attend to give evidence unless the issuing party makes, or attempts to make, appropriate arrangements under section 21 of the Evidence Act to meet your reasonable expenses for travel and accommodation for complying with the subpoena.
Production of subpoena or copy of it and documents or things by delivery or post
5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the Registrar at the address specified in the subpoena for the purpose so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production.
6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to witness assistance mentioned in note 4and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court - arrest
14. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
FORM 45A
rule 45.04(2)
SUMMONS ON ORIGINATING MOTION
[heading as in originating process]
To: [identify each party or other person to whom summons is addressed and state address of each person not a party.]
You are summoned to attend before the Court on the hearing of an application by the plaintiff for judgment or an order in respect of the relief or remedy sought in the originating motion as follows:- [describe the judgment or order sought].
The application will be heard before a Judge (or the Master) in the Court, Supreme Court Building, State Square (or Parsons Street, Alice Springs), on [e.g. 20 June 19 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
(Where returnable before the Master) The Master may, as appropriate:
(a) where he has authority to give the judgment or make the order sought by the plaintiff, hear and determine the application;
(b) by consent of the defendant, give the judgment or make the order;
(c) refer the application to a Judge for hearing and determination;
(d) place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.
FILED [e.g. 15 June 19 ].
FORM 46A
rule 46.04(1)
SUMMONS
[heading as in originating process]
To: [identify each party or other person to whom summons is addressed and state address of each person not a party].
You are summoned to attend before the Court on the hearing of an application by the for [describe the order sought].
The application will be heard before a Judge in the Court [or the Master in the Court] Supreme Court Building, State Square, Darwin (or Parsons St., Alice Springs) on [e.g. 20 June, 19 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
FILED [e.g. 15 June 19 ].
This application is made in pursuance of (e.g. Order Rule or as the case may be).
FORM 48B
rule 48.07(2)
CERTIFICATE OF READINESS FOR TRIAL
[heading as in originating process]
(comments to be as brief as possible)
Plaintiff(s) Defendant(s)
(Comments) (Comments)
1.
The parties certify that this proceeding is ready for trial
(Yes/No)
2.
All pleadings have been completed and delivered and pleadings are closed
(Yes/No)
3.
All particulars requested have been furnished
(Yes/No)
4.
Discovery of documents has been made by the parties
(Yes/No)
5.
Inspection of documents has taken place
(Yes/No)
6.
Interrogatories have been administered by the parties
(Yes/No)
7.
All required answers to interrogatories have been obtained
(Yes/No)
8.
All necessary medical examinations have taken place
(Yes/No)
9.
The parties require further medical examinations prior to trial
(Yes/No)
10.
The parties have complied with Rule 33.07
(Yes/No)
11.
Counsel has been briefed
(Yes/No)
12.
Counsel's advice on evidence has been obtained
(Yes/No)
13.
All witnesses should be available at trial
(Yes/No)
14.
The length of hearing is estimated at
15.
(a) Offers of compromise made under Order 26
(Yes/No)
(b) The prospects of settlement are
16.
The notice required of the date fixed for hearing is
17.
Details of witnesses:
(a) Within the jurisdiction
(i) The number of experts:
(ii) The number of non-experts:
(b) Outside the jurisdiction
(i) The number of experts:
(ii) The number of non-experts:
18.
The directions required are
(a) For the Plaintiff
(b) For the Defendant
19.
Other relevant facts regarding the fixing of a hearing date are
(a) For the Plaintiff
(b) For the Defendant
20.
The shortest notice on which each party would be ready to commence the hearing is
21.
The issues to be determined at trial are
22.
The proceeding shall be listed for trial at
(e.g. Darwin/Alice Springs)
Dated (e.g. 20 June 19 )
.............................àààà. .............................ààààà
Solicitors for the Plaintiff(s) Solicitors for the Defendant(s)
FORM 48C
rule 48.08
INDORSEMENT ON CERTIFICATE OF READINESS FOR TRIAL
IF this certificate is not completed by you and returned to the within 21 days after it is served on you for completion, it will be assumed that you do not agree that the proceeding is ready for trial.
UNLESS you provide convincing reasons for not returning the certificate duly completed, an application will be made to the Master for a listing conference under Rule 48.10.
TO the [identify party] and to his solicitor:
FORM 48D
rule 48.10
[heading as in originating process]
APPLICATION TO MASTER
On (date), the applicant served on the (other party) a Certificate of readiness endorsed with form 48C.
The (other party) has failed to return the duly completed Certificate within the period of 21 days.
The applicant contends that the parties cannot agree to sign a certificate of readiness and applies to the Master to fix a time and date for a conference under Rule 48.10.
Date: (e.g. 15 June 19 ).
(Signed by party or
Solicitor)
FORM 53A
rule 53.07(2)
JUDGMENT IN SUMMARY PROCEEDING FOR RECOVERY OF LAND
[heading as in Form 5E]
[other particulars as in Form 60A]
THE JUDGMENT OF THE COURT IS THAT:
The plaintiff recover possession of the land described in the originating motion as [description of land*] [where there is a defendant: and that the defendant pay the plaintiff $ costs] [or pay the plaintiff's costs to be assessed].
[other particulars as in Form 60D]
* Note: The land should be so described as to be physically identifiable.
FORM 53B
rule 53.08(3)
WARRANT OF POSSESSION IN SUMMARY PROCEEDING FOR RECOVERY OF LAND
[heading as in Form 5E]
TO THE SHERIFF:
In respect of the judgment dated [e.g. 20 April 19 ] by which it was adjudged that the plaintiff recover possession of the land described in the schedule [where there is a defendant: and that the defendant pay the plaintiff $ costs or the plaintiff's costs, which have been taxed at $ ], ENTER the land and cause the plaintiff to have possession of it [where there is a defendant, and levy on the property of the defendant which is authorised by law to be taken in execution for] [continue as in Form 68A as for a levy for costs only] AND INDORSE [continue as in Form 68A].
SCHEDULE
[Describe land as in judgment]
Issued [e.g. 15 June 19 ].
BY THE COURT
REGISTRAR
Issued at the request of the plaintiff.
[Where there is a defendant] The last known address of the defendant [continue as in Form 68A].
FORM 57A
rule 57.03(3)
WRIT OF HABEAS CORPUS
[heading as in Form 5A]
TO THE DEFENDANT
of [address]
HAVE the plaintiff [or name of person restrained, if not the plaintiff] before the Judge in the Court, Supreme Court Building, State Square, Darwin (or Parsons Street, Alice Springs) on [e.g. 20 June, 19 ] and thereafter submit to the further order of the Court as to his custody.
YOU ARE REQUIRED to make a return to this writ by filing a notice stating the grounds of detention of the plaintiff [or as the case may be] and serving a copy on the plaintiff at or before the time referred to above.
DISOBEDIENCE TO THIS WRIT is a contempt of court which may be punished by imprisonment or fine or both.
ISSUED [e.g. 15 June 19 ].
By the Court
FORM 59A
rule 59.05(4)
NOTICE OF JUDGMENT
[heading as in originating process]
To [name]
of [address]
TAKE NOTICE THAT:
1. A judgment [or An order] of the Court was given [or made] on [e.g. 20 April 19 ] by which it was [state substance of judgment or order].
2. From the time of service of this notice you [or some other person, naming him, as the case may be] will be bound by the judgment [or order] to the same extent as you [or he] would have been if you [or he] were a party on the day the judgment [or order] was given [or made].
3. Without filing an appearance, you [or the other person] may apply by summons filed within 14 days after service of this notice for an order that the judgment [or order] be set aside or varied.
4. After filing an appearance, you [or the other person] may attend on the taking of the account or the making of the inquiry under the judgment [or order].
Dated [e.g. 15 June 19 ].
[Signed]
FORM 60A
rule 60.08
GENERAL FORM OF JUDGMENT GIVEN
[heading as in originating process]
JUDGMENT
JUDGE [or MASTER]: [e.g. Smith J or Master Jones]
DATE GIVEN: [e.g. 20 June 19 ]
ORIGINATING PROCESS: [e.g. Writ] [state whether by writ, by originating motion or otherwise]
HOW OBTAINED: [e.g. By plaintiff's summons dated 15 June 19 ] [state whether on application by or without summons before trial with date of summons or application, or at trial with date of commencement of trial]
APPEARANCE: [set out appearance or non-appearance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court]
THE JUDGMENT OF THE COURT IS THAT:
1.
2. [terms of judgment]
3.
DATE AUTHENTICATED
REGISTRAR
FORM 60B
rule 60.08
GENERAL FORM OF JUDGMENT ENTERED
[heading as in originating process]
JUDGMENT
DATE ENTERED:
ORIGINATING PROCESS: [state whether by writ, by originating motion or otherwise]
HOW OBTAINED: [state whether in default of appearance or defence or otherwise]
THE JUDGMENT OF THE COURT IS THAT:
1.
2. [terms of judgment]
3.
REGISTRAR
FORM 60C
rule 60.08
GENERAL FORM OF ORDER
[heading as in originating process]
ORDER
JUDGE [or MASTER]:
DATE MADE:
ORIGINATING PROCESS: [state whether by writ, by originating motion or otherwise]
HOW OBTAINED: [state whether on application by or without summons, identifying party filing summons or, if no summons, making application, and whether application made before trial with date of summons or application, or at trial with date of commencement of trial]
APPEARANCE: [set out appearance or non-appearance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court]
THE COURT ORDERS THAT:
1.
2. [terms of order]
DATE AUTHENTICATED:
REGISTRAR
FORM 60D
rule 60.08
JUDGMENT AT TRIAL BY JUDGE WITHOUT A JURY
[heading as in originating process]
JUDGE:
DATE GIVEN:
ORIGINATING PROCESS:
HOW OBTAINED: Trial, commenced on [e.g. 15 June 19 ].
APPEARANCE:
OTHER MATTERS:
THE JUDGMENT OF THE COURT IS THAT:
[e.g.]
The defendant by himself his servants and agents be perpetually restrained from [as the case may be].
or
There be judgment for the defendant together with costs to be taxed.
DATE AUTHENTICATED:
REGISTRAR
FORM 60E
rule 60.08
JUDGMENT AT TRIAL BY JUDGE WITH A JURY
[heading as in originating process]
JUDGE:
DATE GIVEN:
ORIGINATING PROCESS:
HOW OBTAINED: Trial with a jury of (number), commenced on , 19 .
APPEARANCE:
OTHER MATTERS: [set out findings of jury]
THE JUDGMENT OF THE COURT IS THAT:
[e.g.]
The defendant pay the plaintiff $ and costs to be taxed.
or
There be judgment for the defendant together with costs to be taxed.
DATE AUTHENTICATED:
REGISTRAR
FORM 60F
rule 60.08
JUDGMENT OR ORDER AT TRIAL OF PRELIMINARY QUESTION
[heading as in originating process]
JUDGE:
DATE GIVEN [or MADE]:
ORIGINATING PROCESS:
HOW OBTAINED: Trial of question pursuant to order [identify order], commenced on
APPEARANCE:
OTHER MATTERS: The Court finds that:
[state findings of Court]
THE JUDGMENT OF THE COURT IS THAT:
[e.g.]
The defendant pay the plaintiff $ and costs to be taxed.
There be judgment for the defendant together with costs to be taxed.
[or THE COURT ORDERS THAT:]
[e.g.]
The proceeding be set down for trial at [or as the case may be]
DATE AUTHENTICATED:
REGISTRAR
FORM 60G
rule 60.08
DEFAULT JUDGMENT FOR DEBT
[heading as in originating process]
DATE ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [or defence].
THE JUDGMENT OF THE COURT IS THAT:
[e.g.] The defendant pay the plaintiff $ and $ costs [or costs to be taxed].
REGISTRAR
FORM 60H
rule 60.08
DEFAULT JUDGMENT FOR RECOVERY OF LAND
[heading as in originating process]
DATE ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [or defence].
THE JUDGMENT OF THE COURT IS THAT:
The plaintiff recover possession of the land described in the indorsement of claim on the writ as [description of land*] and that the defendant pay the plaintiff $ costs [or pay the plaintiff's costs to be taxed.]
REGISTRAR
______________________________________________________________
* Note: The land should be so described as to be physically identifiable.
FORM 60J
rule 60.08
INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DAMAGES IN DEFAULT
[heading as in originating process]
DATE INTERLOCUTORY JUDGMENT ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [or defence].
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff damages to be assessed and costs to be taxed.
______________________________________________________________
JUDGE [or MASTER]
DATE FINAL JUDGMENT GIVEN:
HOW OBTAINED: Assessment of damages pursuant to interlocutory judgment.
APPEARANCE:
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff $ , the amount of the assessed damages and costs to be taxed [or as the case may be]
DATE AUTHENTICATED:
REGISTRAR
[Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and obtain the authentication of a separate final judgment in Form 60K.]
FORM 60K
rule 60.08
FINAL JUDGMENT FOR DAMAGES OR VALUE IN DEFAULT
[heading as in originating process]
JUDGE [or MASTER]
DATE FINAL JUDGMENT GIVEN:
ORIGINATING PROCESS:
HOW OBTAINED: Assessment of damages [or value] pursuant to interlocutory judgment entered on in default of appearance [or defence].
APPEARANCE:
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff $ , the amount of the assessed damages [or the assessed value of $ ] and costs to be taxed [or as the case may be].
DATE AUTHENTICATED:
REGISTRAR
FORM 60L
rule 60.08
INTERLOCUTORY OR INTERLOCUTORY AND FINAL JUDGMENT FOR DETENTION OF GOODS IN DEFAULT
[heading as in originating process]
DATE INTERLOCUTORY JUDGMENT ENTERED:
ORIGINATING PROCESS:
HOW OBTAINED: In default of appearance [or defence].
THE JUDGMENT OF THE COURT IS THAT:
The defendant deliver to the plaintiff the goods described in the indorsement of claim on the writ as [description of goods] or pay the plaintiff the value of the goods to be assessed [and also damages for their detention to be assessed] and costs to be taxed.
or
The defendant pay the plaintiff the value of the goods described in the indorsement of claim on the writ to be assessed [and also damages for their detention to be assessed] and costs to be taxed.
______________________________________________________________
JUDGE [or MASTER]
DATE FINAL JUDGMENT GIVEN:
HOW OBTAINED: Assessment of [complete appropriately] pursuant to interlocutory judgment.
APPEARANCE:
THE JUDGMENT OF THE COURT IS THAT:
The defendant pay the plaintiff $ , the amount of the assessed value of $ [and the assessed damages or the assessed damages] and costs to be taxed [or the case may be]
DATE AUTHENTICATED:
REGISTRAR
[Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and obtain the authentication of a separate final judgment in Form 60K.]
FORM 63A
SUMMONS FOR TAXATION OF COSTS
(heading as in originating process)
rule 63.36(3)
To: [identify each party or other person to whom summons is addressed and state address of each person not a party.]
You are summoned to attend before the Taxing Master, Supreme Court Building, State Square, Darwin (or as the case may be) on the day of 19 at a.m. [or p.m.] on the hearing of an application by [identify party] for the costs which are payable to [that party] by [identify party liable for costs] under [identify the judgment, etc., by which payable] to be taxed in accordance with the bill of costs served on 19 [or with this summons].
Filed [e.g., 15 June, 19 ].
This summons was filed by of solicitor for the
Whether or not you attend on the day for hearing referred to above, the costs claimed in the bill may be allowed unless within 14 days after service on you of this summons and the bill you file and serve on the [identify party] a notice identifying by list each item in the bill to which you object and stating specifically and concisely the grounds of objection to each item. Failure to file such a notice amounts to an admission of the items to which you have taken no objection.
FORM 64A
SPECIAL CASE
(or as the case may be)
rule 64.05(e)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT
NO. IN THE MATTER of
(set out relevant
legislative provision)
AND IN THE MATTER of
a Special Case (or as the
case may be) stated by
(specify court or as the)
case may be), in
(identify proceedings)
for the opinion of the
Court
BETWEEN
(full name)
Applicant
AND
(full name)
Respondent
SPECIAL CASE (or as the case may be) formulated for the opinion of the Court in pursuance of (state relevant provision).
1. ...
2. (set out facts) ...
3. ...
QUESTION OF LAW
The question for the opinion of the Court is
The address for service of the applicant is:
The address for service of the respondent is:
DATED (e.g. 20 June 19 )
(signature of Magistrate
or as the case may be.)
FORM 68A
rule 68.08
WARRANT OF SEIZURE AND SALE
[heading as in originating process]
TO THE SHERIFF:
In respect of the judgment [or order] dated [e.g. 20 June 19 ] by which it was adjudged [or ordered] that [judgment debtor] pay $ to [judgment creditor] together with costs, which have been taxed at $ , [or by which it was ordered that] [judgment debtor] pay certain costs to [judgment creditor], which have been taxed at $ , LEVY ON THE PROPERTY of [judgment debtor] which is authorised by law to be taken in execution for:
(a) $ , being $ now due and payable exclusive of taxed costs and $ for taxed costs; [or $ for taxed costs];
(b) $ , being interest at per centum per annum, the rate for the time being fixed in accordance with law, on [amount due and payable exclusive of taxed costs] from the date of the judgment [or order];
(c) $ , being interest at per centum per annum, the rate for the time being fixed in accordance with law, on [amount of taxed costs] from 19 [date of taxation of costs];
(d) $ , being the costs of this [and of any prior] warrant; and
(e) your fees and expenses for this [and for any prior] warrant,
AND PAY the amount so levied other than your fees and expenses to [judgment creditor] or otherwise as the law requires AND INDORSE on this warrant immediately after you have performed all your obligations under it a statement of the date, time and place at which you have executed or attempted to execute the warrant and the results of the execution and send a copy of the statement to [judgment creditor].
Issued , 19 .
REGISTRAR
Issued at the request of [judgment creditor].
The last known address of [judgment debtor] is [add if address is different] the address of the place where it is believed that property of [judgment debtor] may be found is ].
FORM 68B
rule 68.08
WARRANT OF POSSESSION
[heading as in originating process]
TO THE SHERIFF:
In respect of the judgment dated [e.g. 20 June 19 ] by which it was adjudged that [identify party or other person against whom judgment was entered or given] recover possession of the land described in the schedule and that [identify party or other person for whom judgment was ordered or given] pay [identify party or other person] costs [or pay $ to the [identify party or other person] together with costs], which have been taxed at $ , ENTER THE LAND and cause [identify party or other person] to have possession of it, AND LEVY on the property of [identify party or other person] which is authorized by law to be taken in execution for [continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only] AND INDORSE [continue as in Form 68A].
SCHEDULE
[Describe land as in judgment]
Issued , 19 .
REGISTRAR
Issued at the request of [identify party or other person for whom judgment was entered or given].
The last known address of [continue as in Form 68A].
FORM 68C
rule 68.08
WARRANT OF DELIVERY
[heading as in originating process]
TO THE SHERIFF:
In respect of the judgment [or order] dated [e.g. 20 June, 19 ] by which it was adjudged [or ordered] that [identify party or other person against whom judgment was entered or given or order made] deliver the goods described in the schedule to [identify party or other person for whom judgment was entered or given or order made] and pay [$ damages for their detention and] costs, which have been taxed at $ , CAUSE THE GOODS TO BE DELIVERED to [identify party or other person] AND LEVY on the property of [identify party or other person] which is authorized by law to be taken in execution [continue as in Form 68A according to whether the levy is for a judgment amount and costs or for costs only] AND INDORSE [continue as in Form 68A].
or
[where judgment or order is for delivery of goods or payment of their assessed value with or without an award of damages for their detention:]
In respect of the judgment [or order] dated [e.g. 20 June 19 ] by which it was adjudged [or ordered] that [identify party or other person] deliver the goods described in the schedule to [identify party or other person] or pay $ their assessed value [and $ damages for their detention] and costs, which have been taxed at $ , CAUSE THE GOODS TO BE DELIVERED to [identify party or other person] AND LEVY on the property of [identify party or other person], which is authorized by law to be taken in execution:
(a) if you cannot cause the goods to be so delivered, for $ [assessed value of the goods];
(b) for $ , being $ [amount of damages] due and payable exclusive of taxed costs and $ for taxed costs; [or
(c) for $ for taxed costs;]
[continue as in Form 68A according to whether the levy is for interest on damages and costs or on costs only] AND INDORSE [continue as in Form 68A].
SCHEDULE
[Describe goods as in judgment.]
Issued 19 .
REGISTRAR
Issued at the request of [identify party or other person].
The last known address of [continue as in Form 68A].
FORM 69A
rule 69.07(3)
ADVERTISEMENT OF SALE BY THE SHERIFF
On 19 at a.m. [or p.m.] at (unless process is stayed or satisfied) all the estate and interest (if any) of the [debtor] of (last known address) as [proprietor of an estate in fee simple in the land described in Certificate of Title Volume Folio upon which is erected (e.g. a brick factory known as No. Street )].
[Registered Mortgage No. affects the said estate and interest (or as the case may be)].
Terms: Cash only.
Sheriff
FORM 71A
rule 71.06(2)
GARNISHEE SUMMONS
In the Supreme Court of the
Northern Territory of Australia No. of 19
Between A.B. Judgment creditor
and
C.D. Judgment debtor
and
X.Y. Garnishee
To [name of garnishee]
of [address].
You are summoned to attend before the Court on the hearing of an application by the judgment creditor for an order that you, the garnishee, pay to the judgment creditor the debt due from you to the judgment debtor [or the debt which will become due from you to the judgment debtor on 19 ] [or pay to the judgment creditor in such amount or amounts and at such time or times as the Court may direct the debt accruing from you to the judgment debtor] [or the debt which will accrue from you to the judgment debtor on 19 ] or so much of that debt as may be sufficient to satisfy a judgment recovered against the judgment debtor by the judgment creditor in the Court on [e.g. 20 June 19 ] for $ , interest accrued and accruing on the judgment and the costs of the judgment creditor of the garnishee proceedings. The sum required to satisfy the judgment, interest and costs is $ , and is made up as follows:
(a) $ , the amount due and unpaid under the judgment;
(b) $ , the amount of interest accrued and accruing;
(c) $ , the costs of the garnishee proceeding.
The debt in respect of which this summons is filed and served is [identify the debt in accordance with Rule 71.06(1)].
This summons is filed and served by order of the Court made on 19, .
The application will be heard on [continue as Form 46A].
[insert the following at end of summons]
NOTE: [Where the debt is due or accruing] Upon service of this summons the debt is bound in your hands to the extent of the whole amount of the debt, namely, $ [or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.
[or where the debt is not yet due or accruing]
In the event that the debt becomes due or accrues before the day for hearing named in the summons, upon its becoming due or accruing the debt is bound in your hands to the extent of the whole amount of the debt, namely, $ [or to the extent of $ ] to answer the sum of $ required to satisfy the judgment, interest and costs.
FORM 71B
rule 71.09(4)
GARNISHEE ORDER
(where garnishee debt less than judgment debt, interest and judgment creditor's costs)
[heading as in Form 71A]
[other particulars as in Form 60C]
THE COURT ORDERS THAT:
1. The garnishee [where appropriate insert here: (after deducting $ for his costs of the garnishee application)] pay immediately to the judgment creditor $ , the debt due from him to the judgment debtor and that in default of payment execution may issue against the garnishee.
[or where the debt is not due but accruing]
pay to the judgment creditor $ , the debt accruing from him to the judgment debtor, as follows [state the amount or amounts to be paid and the time or times of payment as directed by the Court] and that in default of payment execution may issue against the garnishee.
2. The costs of the judgment creditor of the garnishee application, being on amount of $ , be added to the judgment debt and the interest accrued on that debt and be retained by the judgment creditor out of the money recovered by him under this order in priority to the judgment debt and interest.
DATE AUTHENTICATED:
REGISTRAR
FORM 71C
rule 71.09(4)
GARNISHEE ORDER
(where garnishee debt greater than judgment debt, interest and judgment creditor's costs)
[heading as in Form 71A]
[other particulars as in Form 60C]
THE COURT ORDERS THAT:
1. The garnishee pay immediately to the judgment creditor $ , being so much of the debt due from him to the judgment creditor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings and that in default of payment execution may issue against the garnishee.
[or where the debt is not due but accruing]
pay immediately to the judgment creditor $ , being so much of the debt accruing from him to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings as follows [state the amount or amounts to be paid and the time or times of payment as directed by the Court] and that in default of payment execution may issue against the garnishee.
[where appropriate add]
2. The garnishee be at liberty to retain $ for his costs of the garnishee proceedings out of the balance of the debt due [or accruing] from him to the judgment debtor.
DATE AUTHENTICATED:
REGISTRAR
FORM 72A
rule 72.02(3)
ATTACHMENT OF EARNINGS SUMMONS
[heading as in originating process]
To the [judgment debtor]
of [address]
You are summoned to attend before the Court on the hearing of an application by [judgment creditor] for an order that the earnings of [judgment debtor] be attached to satisfy the judgment against [judgment debtor] in favour of [judgment creditor] in the Supreme Court dated [e.g. 20 June 19 ] for $ , in respect of which judgment $ is due and unpaid, made up as follows:
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs; and
(c) $ , the amount of interest.
The application will be heard [continue as in Form 46A].
FORM 72B
rule 72.02(3)
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER
[heading as in originating process]
I, of , the [judgment creditor], make oath and say that:
1. By a judgment dated [e.g. 20 June 19 ] it was adjudged that [judgment debtor] pay to me the sum of $ together with costs.
2. In respect of that judgment, $ is due and unpaid, made up as follows:
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs; and
(c) $ , the amount of interest.
or
[Judgment debtor], the judgment debtor, has persistently failed to comply with an order with respect to the judgment made by the Supreme Court on 19 that [judgment debtor] [insert terms of order not complied with].
3. [Judgment debtor], the judgment debtor, is employed by of as a [occupation].
Sworn etc.
FORM 72C
rule 72.02(4)
JUDGMENT DEBTOR'S STATEMENT OF FINANCIAL SITUATION
[heading as in originating process]
To [judgment debtor]:
of [address]
You are required to complete this form by giving the information requested below. The completed form signed by you must be sent to [judgment creditor] at [address for service] before 19 [day for hearing named in the summons]. If you do not do this, the Court may make an order that you attend before the Court and give the information.
Signature of judgment
creditor's solicitor:
1. Amount and Source of Weekly Income
Occupation: __________________
If working for an employer:
Name and address of employer: __________________
Gross wage: __________________
Current overtime (if any): __________________
Car and other allowances and
commission __________________
If self-employed or in partnership:
Average pre-tax earnings for last
12 months: __________________
If unemployed:
State length of last employment,
date when last employment ceased
and gross weekly amount earned: __________________
Pension or other benefit received:
Workers' compensation received:
Maintenance received:
Superannuation received:
Board or rent received: __________________
Average weekly interest on deposits
in ADIs (e.g. banks, credit unions or
building societies), debentures etc.: __________________
Average weekly dividend on shares: __________________
Other income (give particulars): __________________
Total Gross Weekly Income: __________________
2. Property and Assets
Land, including vacant land:
For each piece of land:
Market value: _____________
Amount of mortgage: _____________ _____________
Net value:
Motor vehicle:
For each motor vehicle:
Year, make and model: ______________________________
Amount owing to finance company: _____________
Net value: Deposits in ADIs
(e.g. banks, credit unions, building societies etc.): _____________
Other investments including shares,
debentures, bonds:
Money owing to you:
From , $
From , $
Total:
Value of interest in partnership or business:
Furniture, household and personal goods:
Market value
Amount owing to finance company
Net value:
Life insurance policies:
Give particulars and state surrender value of each
policy:
Other assets (give particulars):
Total Property and Assets:
3. Debts, Liabilities and Other Financial Obligations
(a) Weekly expenses
Income tax: _____________
Superannuation: _____________
Housing (mortgage, rent, board, hospital
or institution): _____________
Local government rates: _____________
Water and sewerage rates: _____________
Land tax: _____________
Child care expenses incurred for the
purpose of earning income: _____________
Maintenance actually paid: _____________
Instalment payments such as for household goods or tools of trade:
To , $
To , $
Total: _____________
Electricity and gas: _____________
Food: _____________
Other general household expenses: _____________
Motor vehicle expenses (registration,
insurance, maintenance, fuel): _____________
Fares: _____________
Telephone: _____________
Insurance policy premiums: _____________
School fees and other school expenses: _____________
Clothing and shoes: _____________
Medical and chemist expenses: _____________
Entertainment: _____________
Payments on court orders and fines: _____________
Other expenses (give particulars): _____________
Total: _____________
(b) Other debts outstanding
Give particulars of debts under hire purchase, leasing credit card or other credit contracts, department store accounts, guarantee or personal loan:
$ , to , due on
$ , to , due on
Total: _____________
4. If any of the assets referred to in paragraph 2 above is owned jointly, identify each asset and give the name of the other owner or owners:
.. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:
.. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:
.. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. ... .. .. .. ..
Signature of judgment debtor:
Date:
FORM 72D
rule 72.04(7)
SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS
[heading as in originating process]
To: [judgment debtor]
or
[person indebted to or employer of judgment debtor]
of [address].
You are summoned to attend before the Court on the hearing of an application by [judgment creditor] for an order that [set out the order sought].
The application will be heard [continue as in Form 46A].
FORM 72E
rule 72.04(7)
AFFIDAVIT IN SUPPORT OF SUMMONS FOR AN ORDER TO ATTEND FOR EXAMINATION OR FURNISH PARTICULARS
[heading as in originating process]
I, of , the judgment creditor, make oath and say that:
1. By a judgment dated [e.g. 20 June 19 ] it was adjudged that [judgment debtor] should pay to me $ together with costs.
2. In respect of the judgment, the sum of $ is due and unpaid, made up as follows:
(a) $ , the amount due under the judgment;
(b) $ , the amount of costs; and
(c) $ , the amount of interest.
or
[Judgment debtor] has persistently failed to comply with an order with respect to the judgment made by the Supreme Court on 19 that [judgment debtor] [insert terms of order not complied with].
3. I seek to obtain an order for the attachment of the earnings of [judgment debtor].
4. The place of residence of [judgment debtor] is .
5. On 19 , I was informed by
of and verily believe that [judgment debtor] is employed by of as a [occupation] and is a person to whom earnings are payable or likely to become payable by the said employer.
or
On 19, I was informed by
of and verily believe that [judgment debtor] is employed by and is a person to whom earnings are payable or likely to become payable, but I do not know the name of whereabouts of the employer of [judgment debtor] or what the earnings of the [judgment debtor] are.
Sworn etc.
FORM 72F
rule 72.04(8)
ORDER THAT JUDGMENT DEBTOR ATTEND OR GIVE STATEMENT
[heading as in originating process]
[Follow Form 60C except as below.]
HOW OBTAINED:
Summons by [judgment creditor] dated , 19 in aid of an application for an attachment of earnings orders against [judgment debtor] in respect of a judgment dated [e.g. 20 June 19 ] for $ together with costs.
THE COURT ORDERS THAT:
[Judgment debtor], the judgment debtor, attend before the Judge (or the Master) in the Court, Supreme Court Building, State Square, Darwin (or Parsons Street, Alice Springs), on 19 at a.m. (or p.m.) to be examined concerning the means and ability of [judgment debtor] comply with the judgment [or to state to the Court the following particulars, namely:
[complete appropriately].
or
[Judgment debtor], the judgment debtor, furnish to the Court on or before 19 a statement in writing signed by him, her or it (as the case may be) setting forth the following particulars, namely:
[complete appropriately].
FORM 72G
rule 72.04(8)
ORDER THAT PERSON INDEBTED TO OR EMPLOYER OF JUDGMENT DEBTOR GIVE STATEMENT
[heading as in originating process]
[Follow Form 60C except as below.]
HOW OBTAINED:
Summons by [judgment creditor] dated 19 in aid of an application for an attachment of earnings order against [judgment debtor] in respect of a judgment dated [e.g. 20 June 19 ] for $ together with costs.
OTHER MATTERS:
It was made to appear to the Court that (person indebted) is indebted to [or is the employer of] [judgment debtor].
THE COURT ORDERS THAT:
(Person indebted) give to the Court on or before (date), 19 a statement in writing signed by him or on his behalf containing the following particulars of his indebtedness to the [judgment debtor] that became payable during the period 19 to 19 .
(complete appropriately)
FORM 72H
rule 72.05(7)
ATTACHMENT OF EARNINGS ORDER
[heading as in originating process]
[Follow Form 60C except as below.]
OTHER MATTERS:
The Court finds that:
1. By a judgment dated [e.g. 20 June 19 ] it was adjudged that [judgment debtor] pay to [judgment creditor] $ together with costs.
2. $ is due and unpaid in respect of the judgment.
or
2. [Judgment debtor] has persistently failed to comply with an order with respect to the judgment made by the Court on 19 that he, she or it (as the case may be) [insert terms of order not complied with].
3. [Judgment debtor] was served with a copy of the summons in this proceeding and has had a reasonable opportunity of attending the hearing.
4. [Judgment debtor] is employed by at in the Northern Territory as a [occupation] and is a person to whom earnings are payable or are likely to become payable by that employer.
THE COURT ORDERS THAT:
1. (The employer), the abovenamed employer, on each pay-day whilst [judgment debtor] is employed by him or until this order ceases to have effect make payments out of the earnings of [judgment debtor] at the rate calculated in accordance with this order to [name and address of person to whom payments are to be made] for or towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment and the amount of $ for costs.
2. For the purpose of calculating the normal deduction for the purposes of paragraph 4 of this order the normal deduction rate shall be $ each pay-day [or on the pay-day(s) falling on 19 and thereafter $ each pay-day].
3. The protected earnings rate, that is, the rate below which the earnings of [judgment debtor] may not be reduced by a payment under this order, shall be $ in respect of each pay-day.
4. [The employer] shall, in respect of each pay-day whilst the order is in force, if the net earnings of [judgment debtor] exceed the sum of:
(a) the protected earnings of [judgment debtor]; and
(b) so much of any amount by which the net earnings that became payable on any previous pay-day were less than the protected earnings in relation to that pay-day as has not been made good on any previous pay-day,
pay, so far as that excess permits, to [judgment creditor] the normal deduction in relation to that pay-day and so much of the normal deduction in relation to any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.
[complete as in Form 60C)
NOTE - An attachment of earnings order does not come into force until the expiration of 7 days after the day on which the order is served on the person to whom the order is directed.
FORM 72J
rule 72.06(3)
NOTICE TO EMPLOYER
[heading as in originating process]
The attachment of earnings order served with this notice requires you to deduct from earnings becoming payable to [judgment debtor] as your employee, from pay-day to pay-day until the order is discharged or suspended, the amount referred to in the order as the normal deduction, and to pay that amount to
of towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment referred to in the order and $ for costs.
"Earnings" in relation to [judgment debtor] means any amounts payable to him or her (as the case may be):
(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or
(b) by way of pension, including:
(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment,
but does not include a pension payable to [judgment debtor] under the Commonwealth Acts known as the Social Security Act 1947 (as amended from time to time) the Repatriation Act 1920 (as amended from time to time) or the Seamen's War Pensions and Allowances Act 1940 (as amended from time to time).
Where 2 or more attachment of earnings orders are directed to you with respect to earnings payable or likely to become payable by you to [judgment debtor], you are required to:
(a) comply with those orders according to the respective dates on which they took effect, and disregard any order until an earlier order has been complied with; and
(b) comply with any order as if the earnings to which it relates were the residue of the earnings of [judgment debtor] after the making of any payment under an earlier order.
You are required to give [judgment debtor] a notice specifying particulars of the payments made by you under the attachment of earnings order.
In addition to deducting the amount required to be deducted under an attachment of earnings order, you are entitled to make a further deduction of $3 from the earnings of [judgment debtor] towards the clerical and administrative costs of making payments under the order. You are required to give [judgment debtor] notice of the amount deducted for this purpose.
If you are in doubt whether payments to [judgment debtor] of a particular class or description are earnings for the purpose of the attachment of earnings order you may apply to the Court to have that question determined.
You must give notice in writing to the Registrar:
(a) if you are not the employer of [judgment debtor] at the time the order is served, immediately after service; or
(b) if you are the employer of [judgment debtor] at the time the order is served, but later cease to be his or her (as the case may be) employer immediately, after you cease to be employer.
A person who dismisses an employee, injures him in his employment or alters his position to his prejudice because an attachment of earnings order has been made or because the person is required to make payments under the order in relation to the employee may be dealt with as for contempt of court.
Dated (e.g. 20 June 19 )
REGISTRAR
FORM 72K
rule 72.06(3)
NOTICE BY EMPLOYER THAT JUDGMENT DEBTOR IS NOT IN HIS EMPLOY
[heading as in originating process]
To the Registrar,
of [address].
And to [judgment creditor]
of [address].
I refer to the order made on 19 that I make payments to [judgment creditor] out of the earnings of (judgment debtor) and give notice that I am not the employer of [judgment debtor] [or I ceased to be the employer of [judgment debtor] on 19 .]
Dated
[signature of employer]
FORM 72L
rule 72.11(3)
NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER
[heading as in originating process]
To: [employer] of , the employer of [judgment debtor].
The attachment of earnings order made on , 19 whereby you were ordered to make payments for or towards securing payment of the amount due and unpaid in respect of a judgment in favour of [judgment creditor] out of the earnings payable to [judgment debtor], ceased to have effect on , 19 because [state reason].
Dated (e.g. 20 June 19 )
REGISTRAR
NOTE - Where the order ceases to have effect, you will not incur any liability in consequence of your treating it as still in force at any time before the expiration of 7 days after this notice or a copy of the order discharging the earlier order, as the case may be, is served on you.
FORM 73A
rule 73.05(2)
CHARGING SUMMONS
[heading as in originating process]
To [name]
of [address].
And to [judgment debtor].
You are summoned to attend before the Court on the hearing of an application by [judgment creditor] for an order that certain securities [or as the case may be] in which [judgment debtor] has a beneficial interest, namely, [give particulars sufficient to identify the securities and the interest of the judgment debtor], stand charged to the extent of the value of the entire beneficial interest of [judgment debtor] in the securities or of so much of that value as may be sufficient to satisfy a judgment recovered against [judgment debtor] by [judgment creditor] in the Court on [e.g. 20 June 19 ] for $ , made up as follows:
(a) $ , the amount due and unpaid under the judgment;
(b) $ , the amount of interest accrued or estimated to accrue; and
(c) $ , the estimated costs of the charging order proceedings.
This summons is filed and served by order of the Court made on 19 .
The application will be heard. [continue as in Form 46A].
[Insert the following at the end of the summons]
To [name]
of [address]
Upon service of this summons you shall not, except by order of the Court, cause or permit a transfer of any of the abovementioned securities to be made or pay to a person any dividend or interest on those securities.
To [judgment debtor].
Unless the Court otherwise orders, no disposition by you of your interest in any of the abovementioned securities made after service of this summons and before the application for the charging order is heard by the Court is valid as against [judgment creditor].
FORM 73B
rule 73.13(1)(a)
AFFIDAVIT AS TO STOCK
In the Supreme Court
of the Northern Territory No. of 19
of Australia
In the matter of [identify the document comprising the stock under which the claimant's interest arises].
I, of make oath and say that according to the best of my knowledge, information and belief I have [or if the affidavit is made by the solicitor: (name of claimant) of has] a beneficial interest in the stock specified in the notice filed with this affidavit as [describe the interest of the claimant in the stock and identify any document under which it arises].
This affidavit is filed on behalf of [name of claimant] of .
FORM 73C
rule 73.13(1)(a)
NOTICE AS TO STOCK
[heading as in Form 73B]
[To be filed with Form 73B.]
To [name]
of [address].
The stock comprised in and subject to the trusts of the settlement [or as the case may be] referred to in the affidavit filed with this notice consists of the following, namely [identify the stock, stating the names in which it stand].
This notice is intended to stop the transfer of the stock and not the payment of any dividend or interest on that stock [or also the payment of any dividend or interest on that stock].
[Signature of claimant, or
solicitor where affidavit
made by solicitor]
FORM 75A
rule 75.02(b)
ARREST WARRANT IN SUMMARY PROCEEDINGS FOR CONTEMPT IN FACE OF SUPREME COURT
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
To the Sheriff and
Arrest and bring him before the Court to answer a charge of contempt, detaining him in custody in the meantime.
Dated [e.g. 15 June 19 ].
Judge
FORM 75B
rule 75.09(2)
ARREST WARRANT IN CONTEMPT PROCEEDINGS BY SUMMONS OR ORIGINATING MOTION
[heading as in summons or originating motion]
To the Sheriff, and to all members of the Police Force of the Northern Territory.
Arrest and bring him before the Court to answer a charge of contempt, detaining him in custody in the meantime, unless by paying $ 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 of the Court.
Dated [e.g. 15 June 19 ].
Judge
FORM 75C
rule 75.13
COMMITTAL WARRANT
[heading as in Form 75A or 75B, as appropriate]
To the Sheriff, and to all members of the Police Force of the Northern Territory.
Take to the prison at and deliver him to the Officer in Charge of that prison.
To the Officer in Charge of the prison at .
Receive into your custody and keep him until the further order of this Court [or as the case may be].
His committal is for contempt of court in that he [state nature of the contempt].
Dated [e.g. 15 June 19 ].
Judge
FORM 81A-A
rule 81A.11(2)(a)
IN THE SUPREME COURT )
OF THE NORTHERN TERRITORY ) No. of 20
OF AUSTRALIA AT [Darwin/Alice Springs] )
BETWEEN
THE QUEEN
and
A.B.
APPLICATION TO THE COURT
[Applicant's name in full]
of [address]
Application under [cite rule under which application is made]
Briefly specify the matter to which the application relates:
Relief sought:
The applicant's address for service is
Date:
Signature of the applicant
or applicant's solicitor
______________________________________________________________
NOTICE OF HEARING
TO: * The accused person/Crown Prosecutor
NOTE: That the above matter has been listed for hearing at [Name of court] on ............... the ............... day of ............... 20.... at .......................... am/pm* when all parties to the matter must attend.
COURT OFFICER
Date:
* Delete whichever is inapplicable
FORM 81A-B
rule 81A.11(3)
IN THE SUPREME COURT )
OF THE NORTHERN TERRITORY ) No. of 20
OF AUSTRALIA AT [Darwin/Alice Springs] )
BETWEEN
THE QUEEN
and
A.B.
APPLICATION TO THE COURT IF SERVICE OF
APPLICATION IS NOT REQUIRED
[Applicant's name in full]
of [address]
Application under [cite rule under which application is made]
Briefly specify the matter to which the application relates:
Order/declaration sought:
Date:
Signature of the applicant
or applicant's solicitor
______________________________________________________________
NOTICE OF HEARING
TO: * The accused person/Crown Prosecutor
NOTE: That the above matter has been listed for hearing at [Name of court] on ............... the ............... day of ............... 20.... at .......................... am/pm* when all parties to the matter must attend.
COURT OFFICER
Date:
* Delete whichever is inapplicable
FORM 81A-E
rules 81A.38
and 86.09
IN THE SUPREME COURT )
OF THE NORTHERN TERRITORY ) No. of 20
OF AUSTRALIA AT [Darwin/Alice Springs] )
BETWEEN
THE QUEEN
and
A.B.
APPLICATION TO THE COURT IN RELATION
TO CONSEQUENTIAL ORDER
[Applicant's name in full]
of [address]
On [date] the [name of court] Court found [name of applicant] guilty of the following offence(s): [specify offences]
An appeal was instituted on [date of lodgment of appeal] and the Court made the following consequential order(s): [specify orders made]
I now seek the following order(s)/direction(s) in relation to the consequential order(s): [specify the order(s)/direction(s) sought]
Date:
Signature of the applicant
or applicant's solicitor
______________________________________________________________
NOTICE OF HEARING
TO: * The accused person/Crown Prosecutor
NOTE: That the above matter has been listed for hearing at [Name of court] on ............... the ............... day of ............... 20.... at .......................... am/pm* when all parties to the matter must attend.
COURT OFFICER
Date:
* Delete whichever is inapplicable
FORM 81A-F
rule 81A.40(4)
No:
Judge:
CERTIFICATE OF CONVICTION
I, àààààààààààà.........., Deputy Sheriff/Criminal Clerk*, an officer having the care, custody and control of the criminal records of the Supreme Court of the Northern Territory, hereby certify that on [date] at [place] in the Northern Territory, [full name of convicted person, sex and date of birth] was found guilty by this Honourable Supreme Court of the Northern Territory at [place] which recorded a conviction for that he/she*:
COUNT(S):
AND upon being convicted he/she* was sentenced to a total effective period of imprisonment of .............;
AND it was further ordered that:
Date:
at [place] in the Northern Territory.
DEPUTY SHERIFF/CRIMINAL CLERK*
* Delete whichever is inapplicable
FORM 81A-G
rule 81A.41(1)(a)
No:
WARRANT OF COMMITMENT FOR IMPRISONMENT
TO THE SHERIFF AND DEPUTY SHERIFFS, TO ALL PRISON OFFICERS
AND TO THE OFFICER IN CHARGE OF
[name of prison] AT [place] IN THE NORTHERN TERRITORY
[Offender's name in full]
of c/- [name of prison] [place of prison] NT
was found guilty by this Honourable Supreme Court of the Northern Territory at [place] which recorded a conviction for the offences shown below and on [date] it imposed the sentences shown opposite each offence:
CASE & OFFENCE NOS
OFFENCE
SENTENCE
The total effective period of imprisonment is [total effective sentence for this warrant including commencement date].
And it was further ordered that:
1. The offender is not eligible to be released on parole for a period of [non-parole period].
2. The offender is to be released after serving [period] upon giving security of $.... and is to be of good behaviour for [period ordered and other conditions].
3. Other conditions ordered:
You the said Sheriff and Deputy Sheriffs are ordered to deliver the offender to a prison officer or to the officer in charge of the [name of prison] and you the said prison officers are ordered to deliver the offender to the officer in charge of the [name of prison] and you the officer in charge of the said prison are ordered to take the offender into your custody and keep the offender as provided for above.
Date:
JUDGE
FORM 81A-H
rule 81A.41(1)(b)
No.:
WARRANT OF COMMITMENT FOR DETENTION
TO THE SHERIFF AND DEPUTY SHERIFFS,
TO ALL PRISON OFFICERS
AND TO THE SUPERINTENDENT OF
[name of detention centre] AT [place] IN THE NORTHERN TERRITORY
[Offender's name in full]
of c/- [name of detention centre] [place of detention centre] NT
was found guilty by this Honourable Supreme Court of the Northern Territory at [place] which recorded a conviction for the offences shown below and on [date] it imposed the sentences of detention shown opposite each offence:
CASE & OFFENCE NOS
OFFENCE
SENTENCE
The total effective period of detention is [total effective sentence for this warrant including commencement date].
And it was further ordered that:
You the said Sheriff and Deputy Sheriffs are ordered to deliver the offender to a prison officer, you the said prison officers are ordered to deliver the offender to the superintendent of the [name of detention centre] centre and you the said superintendent of that centre are ordered to take the offender into your custody and keep the offender as provided for above.
Date:
JUDGE
FORM 81A-I
rule 81A.41(3)
No.:
NOTICE OF SUSPENDED SENTENCE OF IMPRISONMENT
IF SECURITY IS NOT REQUIRED
[Offender's name in full]
of [address]
was found guilty by this Honourable Supreme Court of the Northern Territory at [place] which recorded a conviction for the offences shown below and on [date] it imposed the sentences shown opposite each offence:
CASE & OFFENCE NOS
OFFENCE
SENTENCE
Total effective period of imprisonment is ..........
ORDER
That the offender be released on [date] and that [the whole of the sentence be held in suspense/ the sentence be held in suspense for (period)*]from the making of this order.
That, pursuant to section 40(6) of the Sentencing Act, the period of [optional period] from the making of this order is the period during which the defendant must not commit another offence punishable by imprisonment if the defendant is to avoid being dealt with under section 43 of the Sentencing Act.
CONDITIONS:
I acknowledge that the conditions have been explained to me and I understand them and consent to them.
Signature of offender
Signed by the offender at [place] on [date].
DEPUTY SHERIFF
* Delete whichever is inapplicable
FORM 81A-J
rule 81A.41(4)
RECOGNISANCE RELEASE ORDER
[Offender's name in full]
of [address]
came before this Honourable Supreme Court of the Northern Territory of Australia at [place] on [date] and was found guilty of the following offence(s):
CASE & OFFENCE NOS
OFFENCE
and the Court ordered under the Crimes Act 1914 of the Commonwealth that:
1. The offender be released immediately on giving $.... security, to:
(a) appear before the Court if called on to do so during the period of [period of recognisance]; and
(b) be of good behaviour during that period.
2. Other conditions ordered:
I acknowledge that the conditions have been explained to me and I understand them and consent to them.
Signature of offender
Signed by the offender at [place] on [date].
DEPUTY SHERIFF
FORM 81A-K
rule 81A.41(4)
No.:
ORDER TO RELEASE ON GIVING OF SECURITY
[Offender's name in full]
of [address]
came before this Honourable Supreme Court of the Northern Territory of Australia at [place] on [date] and was found guilty of the following offence(s):
CASE & OFFENCE NOS
OFFENCE
and the Court ordered that:
1. The offender be released immediately on giving $.... security, to:
(a) appear before the Court if called on to do so during the period of [period of bond]; and
(b) be of good behaviour during that period.
2. Other conditions ordered:
I acknowledge that the conditions have been explained to me and I understand them and consent to them.
Signature of offender
Signed by the offender at [place] on [date].
DEPUTY SHERIFF
FORM 81A-L
rule 81A.41(5)
No.:
COMMUNITY WORK ORDER
[Offender's name in full]
of [address]
was found guilty by this Honourable Supreme Court of the Northern Territory at [place] for the offences shown below and on [date] it imposed the hours of community work shown below:
CASE & OFFENCE NOS
OFFENCE
HOURS ORDERED
You must participate in one or more approved projects for a total of [period ordered].
You must present yourself to [name of person to whom offender must report] at [place to which offender must report] within [period ordered].
You must present yourself to a person at a place and at a time specified by the Director of Correctional Services.
Date:
SHERIFF / DEPUTY SHERIFF*
I hereby confirm that I have consented to the making of this order and to its terms and conditions and I will comply with all of its requirements.
Date:
Signature of offender
(One copy of this order must be given to the offender
and to the Director)
IMPORTANT INFORMATION ABOUT YOUR ORDER
SENTENCING ACT - section 37 - Duties in carrying out your community work order
1. Under this community work order you:
(a) must participate, for the number of hours specified in the order, in the approved project that a probation officer directs you to participate in;
(b) must participate in the project in a satisfactory manner;
(c) must, while participating in the project, comply with any reasonable direction of a probation officer or supervising officer; and
(d) must inform a probation officer of a change in your residential address not later than 48 hours after the change.
2. Except where you consent, you shall not be required to participate in an approved project under your community work order for more than 8 hours (exclusive of time allowed for meals) in any one day.
SENTENCING ACT - section 39 - Breach of your community work order
You will breach your community work order if you:
(a) fail to comply with a term or condition of the order;
(b) fail to carry out your obligations under section 37(1) (printed above);
(c) disturb or interfere with any other person participating in or doing anything under a community work order;
(d) assault, threaten, insult or use abusive language to a probation officer or supervising officer;
(e) change your address for the purposes of evading the execution of the Sentencing Act;
(f) commit a breach of the Regulations; or
(g) commit an offence against a law in force in the Territory during a time when you are participating in an approved project under the order.
FORM 81A-M
rule 81A.41(6)
No.:
HOME DETENTION ORDER
AFTER APPEAL HEARD AND DETERMINED
[Offender's name in full]
of [address] was on [date] dealt with by the Court of Summary Jurisdiction at [place] which recorded a conviction for the offences shown below:
CASE & OFFENCE NOS
OFFENCE
AND, amongst other things, he/she* was sentenced on [date] to imprisonment for a total effective period of [period of sentence] suspended upon entering a home detention order.
AND [offender's name in full] appealed to the Supreme Court of the Northern Territory and on [date of court order] this Honourable Court made the following orders:
[specify orders made]
This order starts on [date] and ends on [date]
Date:
SHERIFF
I the offender declare that I fully understand the terms and conditions of this home detention order and have consented to the making of order and that I will comply with the order.
Date:
Signature of offender
A copy of this order must be given to
the offender and the Director
FORM 81A-N
rule 81A.41(7)
WARRANT OF REMAND TO THE OFFICER IN
CHARGE OF THE PRISON AT
[place] IN THE NORTHERN TERRITORY
The accused [name of accused] of [prison] at [place] NT, was before this Honourable Supreme Court of the Northern Territory on [date] for the offence of [specify offence]
You are ordered to keep the accused in your custody and unless he/she* has been bailed, to deliver the accused to the Sheriff or to a Sheriff's deputy at this Honourable Court at [place] (or at any other place) and so on from day to day, unless you are otherwise ordered, so that the accused may be dealt with according to law.
Date:
at [place].
JUDGE
FORM 81A-O
rule 81A.41(8)
WARRANT OF ARREST FOR NON-PAYMENT OF RESTITUTION
TO THE COMMISSIONER OF POLICE AND ALL MEMBERS OF
THE POLICE FORCE IN THE NORTHERN TERRITORY
[Defendant's name] of [last known address]
was ordered to pay the following restitution: [specify details of restitution order]
AND he/she* has not paid the full amount of the restitution/a part of the amount of restitution ordered.*
You are ordered to bring him/her before this Honourable Supreme Court to be dealt with according to law as soon as practicable.
Date: [today's date]
JUDGE
* Delete whichever is inapplicable
FORM 81A-P
rule 81A.41(9)
WARRANT FOR ARREST FOR FAILURE TO APPEAR
IN ACCORDANCE WITH BAIL UNDERTAKING
TO THE COMMISSIONER OF POLICE AND TO ALL MEMBERS OF THE NORTHERN TERRITORY POLICE FORCE
Arrest [name of person to be arrested] and bring him/her* before the Supreme Court to answer a charge that he/she*, having been released on bail to appear before this Court on [date on which person was required to appear], has failed to appear before this Court.
Until [name of person to be arrested] is brought before the Court you are to detain him/her* in custody.
Date:
JUDGE
* Delete whichever is inapplicable
FORM 81A-Q
rule 81A.41(10)
WARRANT FOR ARREST FOR FAILURE TO APPEAR
IN ACCORDANCE WITH RECOGNISANCE RELEASE
TO THE COMMISSIONER OF POLICE AND ALL MEMBERS OF THE NORTHERN TERRITORY POLICE FORCE
Arrest [name of person to be arrested] and bring him/her* before the Supreme Court to answer a charge that he/she*, having been released on recognisance under the Crimes Act 1914 of the Commonwealth to appear before this Court on [date on which person was required to appear], has failed to appear before this Court.
Until [name of person to be arrested] is brought before the Court you are to detain him/her* in custody.
Date:
JUDGE
* Delete whichever is inapplicable
FORM 81A-R
rule 81A.41(11)
WARRANT OF COMMITMENT FOR NON-PAYMENT OF FINE ETC.
TO THE COMMISSIONER OF POLICE AND ALL MEMBERS OF THE NORTHERN TERRITORY POLICE FORCE AND TO THE OFFICER IN CHARGE OR SUPERINTENDENT OF EACH GAOL, PRISON OR DETENTION CENTRE IN THE TERRITORY
No.:
[Offender's name in full]
of [address]
was found guilty by this Honourable Supreme Court of the Northern Territory at [place] of the following offences and on [date] it made orders for the payment of fines, costs etc. for them. The defendant has not paid the total amount owing in respect of those orders. The amounts owing are shown below:
CASE & OFFENCE NOS
OFFENCE
BALANCE OWING FOR
FINE
COSTS
LEVY
TOTAL
DAYS
IN DEFAULT
TOTALS
Warrant Fee
AMOUNT
DAYS
YOU the said Members are ordered to arrest and convey the defendant to the nearest gaol/ prison/ detention centre* and deliver the defendant to the officer in charge or superintendent there.
The officer in charge or superintendent there must receive the defendant into that officer's custody and keep the defendant for the total default period, unless the total of this warrant is sooner paid.
Date:
JUDGE
* Delete whichever is inapplicable
ENDORSEMENT OF PAYMENTS BY PERSON HAVING
CUSTODY OF THE DEFENDANT
Date of payment:
Amount received:
Receipt number:
Signature:
FORM 81A-S
rule 81A.41(12)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT [Darwin or Alice Springs]
No.
BETWEEN
THE QUEEN
and
A.B.
SUMMONS
To: [name of person to whom summons issued]
You have failed without reasonable excuse to comply with the following condition of a community service order/ home detention order* made under the Sentencing Act [give details of condition and the failure to comply]:
You are summoned to attend the Court at the Supreme Court Building, State Square, Darwin / Parsons St., Alice Springs* on [date] at a.m./p.m.* or so soon afterwards as the business of the Court allows.
FILED [date].
This summons is issued under section 39(2) / 48(2)(a)* of the Sentencing Act.
* Delete whichever is inapplicable
FORM 81A-T
rule 81A.41(13)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT [Darwin or Alice Springs]
No.
BETWEEN
THE QUEEN
and
A.B.
APPLICATION TO THE COURT
INFORMATION FOR BREACH OF HOME DETENTION ORDER
Defendant's address:
Informant's address:
The information of [name of informant] of [address]
taken this day of , 19 , before the undersigned, a Justice of the Peace for the Northern Territory of Australia, who (upon oath or affirmation) states that [name of person to whom order relates] of [address] on [date of alleged breach] at [place of alleged breach] in the Northern Territory of Australia, did breach the home detention order made in relation to him/her* on [date of order] by [specify alleged breach].
Taken (and sworn or affirmed) before me on the first date specified above, at [place] in the Northern Territory.
JUSTICE OF THE PEACE
FORM 81A-U
rule 81A.41(14)
ORDER TO THE OFFICER IN CHARGE OF
[name of prison]
I, .................àààààà.. a Judge of the Supreme Court of the Northern Territory of Australia
ORDER that [name of prisoner]
be removed from the [name of prison]
and be:
(a) imprisoned at [name of prison/police prison]*;
OR
(b) brought before the Supreme Court of the Northern Territory of Australia at [place] on [date and time] AM/PM* and on any further adjournments until the conclusion of the matter and there be committed to the custody of the Sheriff;
I further order the Sheriff and Deputy Sheriffs to receive and cause the prisoner to be detained until ordered by the Court to return the prisoner to prison, or to the lawful custody of prison officers or police officers, or to be otherwise dealt with according to law*;
OR
(c) produced to [name of place where prisoner is to be moved to]*.
Date:
JUDGE
* Delete whichever is inapplicable
FORM 81A-V
rule 81A.41(15)
HOSPITAL OR TREATMENT ORDER
[Offender's name in full]
of [address] was on [date] dealt with by the Supreme Court at [place] which recorded a conviction for the offences shown below:
CASE & OFFENCE NOS
OFFENCE
AND, amongst other things, it was ordered under section 80 or 82 of the Sentencing Act/section 22 of the Crimes Act 1914 of the Commonwealth* that the offender:
[state details of the diagnosis, assessment and/or treatment that the offender is ordered to undertake and any other relevant orders made]
This order starts on [date] and ends on [date].
Date:
A copy of this order must be given to the offender
and the Director
* Delete whichever is inapplicable
FORM 81A-W
rule 81A.41(16)
RESIDENTIAL OR PASSPORT ORDER
[Offender's name in full]
of [address]
was on [date] dealt with by the Supreme Court at [place] which recorded a conviction for the offence(s) shown below:
CASE & OFFENCE NOS
OFFENCE
AND, amongst other things, it was ordered under section 99 of the Sentencing Act/ section 22 of the Crimes Act 1914 of the Commonwealth* that the offender:
[state details of the order]
This order starts on [date] and ends on [date].
Date:
JUDGE
A copy of this order must be given to the offender
and the Director
* Delete whichever is inapplicable
FORM 81A-X
rule 81A.41(17)
ORDER UNDER SECTION 19B OF
CRIMES ACT 1914 OF THE COMMONWEALTH
To: [Offender's name in full]
of [address]
On [date] the Supreme Court found the following charge(s) proven against you:
CASE & OFFENCE NOS
OFFENCE
and ordered that:
(a) the charge be dismissed;
OR
(b) the offender be discharged, without proceeding to conviction, upon his/her* giving security by recognisance/ [other]*, with/without* a surety of $...,* that he/she* will comply with the following conditions:
(i) that the offender will be of good behaviour for [period of order] years;*
(ii) that the offender will:
(A) make reparation or restitution in respect of [item and amount];
(B) pay compensation of $...;
(C) pay costs of $ ... ,
by [date of payment or instalment dates]*;
(iii) [other orders] *.
This order starts on [date] and ends on [date].
Date:
JUDGE
* Delete whichever is inapplicable
FORM 81A-Y
rule 81A.41(18)
ORDER RELEASING PERSON FROM CUSTODY
TO THE OFFICER IN CHARGE OF/ SUPERINTENDENT OF*
[name of prison/detention centre]
I, ................... a Judge of the Supreme Court of the Northern Territory of Australia
ORDER that [name of offender who is imprisoned/detained]
be released from the [name of prison/detention centre] on [date], subject to the following condition(s): [delete if unnecessary]*
Date:
JUDGE
FORM 81A-Z
rule 81A.41(19)
ORDER UNDER SECTION 20BC(2) OF
CRIMES ACT 1914 OF THE COMMONWEALTH
To: [Offender's name in full]
of [address]
You have been charged with the following offence(s):
CASE & OFFENCE NOS
OFFENCE
On [date] the Supreme Court determined that you, a person unfit to be tried, will not become fit to be tried before 12 months after that date and:
(a) being satisfied that you are suffering from a mental illness, or a mental condition, for which treatment is available in hospital and that you do not object to being detained/continuing to be detained in a hospital - ordered that you be detained in [name of hospital] for [period of detention];*
OR
(b) ordered that you be detained at [place, including a prison, not being a hospital] for [period of detention]*.
Date:
JUDGE
* Delete whichever is inapplicable
FORM 81A-ZA
rule 81A.41(20)
ORDER UNDER SECTION 20BJ(1) OR (4) OF
CRIMES ACT 1914 OF THE COMMONWEALTH
To: [Offender's name in full]
of [address]
On [date] you were acquitted of the following offence(s):
CASE & OFFENCE NOS
OFFENCE
because of your mental illness at the time of the offence.
NOW
(A) This Court orders you, under section 20BJ(1) of the Crimes Act 1914 of the Commonwealth, to be detained in safe custody:
(a) in prison*; or
(b) in hospital*,
for [period of detention]
OR
(B) This Court orders, under section 20BJ(4) of the Crimes Act 1914 of the Commonwealth, that you be released from custody:
(i) absolutely *;
(ii) subject to the following condition)(s) for [period]*:
Date:
JUDGE
* Delete whichever is inapplicable
FORM 81A-ZB
rule 81A.41(21)
PSYCHIATRIC PROBATION ORDER UNDER SECTION 20BV OF
CRIMES ACT 1914 OF THE COMMONWEALTH
To: [Offender's name in full]
of [address]
On [date] you were convicted of the following offence(s):
CASE & OFFENCE NOS
OFFENCE
NOW this Court orders you, under section 20BV(1) of the Crimes Act 1914 of the Commonwealth, to reside at or attend [name of hospital/place] for the purpose of receiving the following psychiatric treatment at that hospital/place: [specify nature of treatment to be given]
for [period of detention]
This order is subject to the condition that:
(a) you will for [period] be subject to the supervision of a probation officer appointed in accordance with this order;
AND
(b) you will be of good behaviour for [period].
Date:
JUDGE
FORM 81A-ZC
rule 81A.41(22)
PROGRAM PROBATION ORDER UNDER SECTION 20BY OF
CRIMES ACT 1914 OF THE COMMONWEALTH
To: [Offender's name in full]
of [address]
On [date] you were convicted of the following offence(s):
CASE & OFFENCE NOS
OFFENCE
NOW this Court orders you, under section 20BV(1) of the Crimes Act 1914 of the Commonwealth, to undertake the following education program/treatment*: [specify nature of treatment to be given]
for [period of detention]
This order is subject to the condition that:
(a) you will for [period] be subject to the supervision of a probation officer appointed in accordance with this order;
AND
(b) you will be of good behaviour for [period].
Date:
JUDGE
FORM 81A-ZD
rule 81A.41(23)
section 93(3) Sentencing Act
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT [Darwin or Alice Springs]
No.
BETWEEN
THE QUEEN
and
A.B.
NOTICE TO SHOW CAUSE
To: [Offender's name in full]
of [address]
You were convicted by the Supreme Court of the Northern Territory on [date] of the following offence(s):
CASE & OFFENCE NOS
OFFENCE
and the following order was made on [date] under Division 1 of Part 5 of the Sentencing Act in relation to the/those* offences: [specify order made]
NOW, this Court being satisfied that you have failed to comply with the order, you are required to appear at [place] at [time] to show cause why you should not be detained because of your failure to comply with the order.
Date:
JUDGE
FORM 81A-ZE
rule 81A.41(24)
No.:
WARRANT OF ARREST FOR
NON-PAYMENT OF COMPENSATION
TO THE COMMISSIONER OF POLICE AND ALL MEMBERS OF
THE POLICE FORCE IN THE NORTHERN TERRITORY
[Defendant's name]
of [last known address]
was found guilty before this Honourable Supreme Court of the Northern Territory of the following offence: [specify offence] and was ordered to pay the following compensation: [specify details of compensation order]
AND he/she* has not paid the full amount of the compensation/a part of the amount of compensation ordered* before the date required by the order.
You are ordered to bring him/her* before this Honourable Supreme Court to be dealt with according to law as soon as practicable.
Date: [today's date]
JUDGE
FORM 83A
rule 83.05(1)
IN THE SUPREME COURT )
OF THE NORTHERN TERRITORY ) No. of 19
OF AUSTRALIA )
IN THE MATTER of an appeal
under (specify relevant Act)
BETWEEN:
Appellant
and
Respondent
NOTICE OF APPEAL
The proceeding appealed from was heard in (place) by (name tribunal below) on (date) and decided on (date).
(Where leave to appeal has been granted, add:
Leave to appeal was granted on [date]).
The appellant appeals from the decision of (or the following part of the decision of
or as the case may be) (briefly but specifically state the decision or part appealed against).
GROUNDS: (state briefly but specifically the grounds relied upon in support of the appeal).
ORDER SOUGHT: (state what judgment, relief or decision the appellant seeks in lieu of that which is the subject of the appeal).
To the respondent (address)
NOTE: A directions hearing in this appeal will take place before (Judge or Master, as the case may be) in (place) at (time) on (date). If you do not attend that hearing either in person or by your solicitor or counsel, orders may be made in your absence.
Before you take a step in this appeal and before you may be heard in relation to it or on a directions hearing, you must enter an appearance in the Registry.
Appellant: (name, address and occupation)
Solicitor: (name, address and telephone number)
Solicitor's agent: (name, address and telephone number)
Appellant's Address for Service:
DATE: (e.g. 20 June 19 )
Signed by appellant
or his solicitor
FORM 83B
rule 83.12(3)
(Heading as in process originating appeal, or as the case may be)
The respondent appears in this appeal (or as the case may be).
The respondent's address for service is:
Date:
Signed by respondent
or his solicitor
To the Appellant (address)
FORM 83C
rule 83.22(1)
IN THE SUPREME COURT )
OF THE NORTHERN TERRITORY ) No. of 19
OF AUSTRALIA )
IN THE MATTER of an
application for leave
to appeal under
(specify relevant Act)
BETWEEN:
Applicant
and
Respondent
APPLICATION FOR LEAVE TO APPEAL
1. The applicant applies for leave to appeal from the judgment of (specify tribunal below) given on (specify date) at (specify place).
2. Leave to appeal is required by (specify legislation giving right to appeal with leave).
3. The grounds of the application appear in the affidavit of (name of deponent) sworn (date) and filed with this application.
4. (Where rule 83.23(2) applies). The applicant applies for an order that compliance with rule 83.23 be dispensed with.
To the respondent (address)
NOTE: A directions hearing in this application will take place before (Judge or Master as case may be) in (place) at (time) on (date). If you do not attend that hearing either in person or by your solicitor or counsel, orders may be made in your absence.
Before taking a step in the proceeding you must file an address for service in the Registry.
The applicant's address for service is (specify address for service)
DATE:
Signed by applicant
or his solicitor
FORM 84A
rule 84.07(3)
(heading as in process originating appeal)
INDEX
(Follow the order of arrangement prescribed by rule 87.7(3), for example.)
No.
Document
Date
Page
1
Statement of Claim
17-2-79
(Leave this column blank in the draft index.)
2
Defence (if relevant to the appeal)
4
Transcript of evidence taken before Mr Justice (name)
LEE, John
Examined
Cross-Examined
JONES, Dr Henry
Examined
Cross-Examined
Further cross-examined
1-3-78
2-3-78
6-3-78
5
Exhibits
(In the draft index, list all exhibits, whether relevant to the appeal or not)
(A) Reports to Dr H. Jones
(transcript p 1)
(B) Discharge summary from Darwin Hospital
(transcript p 22)
(C) Copies of wage records
(transcript p 62)
(1) Reports of Dr J. Smith
(transcript p 49)
(2) Reports of Dr J. Styles
(transcript p 88)
28-1-75
16-4-75
27-7-73
21-9-76
29-10-75
27-2-78
6
Reasons for judgment of Mr Justice (name)
7
(Where relevant) Judge's associate's certificate
8
Formal Judgment
31-3-78
9
Notice of Appeal
10
Notice of Cross-Appeal
4-4-78
11
Solicitors' certificate verifying transcript
Solicitor for the respondent
(plaintiff)
(name)
telephone
address
Solicitor for the appellant
(defendant)
(name)
telephone
address
FORM 84B
rule 84.11(4)
REQUEST TO SET DOWN APPEAL FOR HEARING
(heading as in Form 85A)
To the Master (or Registrar)
Please set down this appeal for hearing.
Date:
Signed by person making
request or his solicitor
FORM 84C
rule 84.15(2)
(heading as in process originating appeal, or as the case may be)
NOTICE OF DISCONTINUANCE
I/We (name of party or parties giving notice), the appellant, (or as the case may be) give notice that I/We withdraw from these proceedings.
Date (e.g. 20 June 19 )
Signed by party or parties
or his or their solicitor
To the respondent (or as the case may be)
(Address)
FORM 84D
rule 84.26
(heading as in process originating appeal, or as the case may be)
ORDER
ORDER MADE BY: (Name of Judge or person making the order)
DATE OF ORDER:
PLACE WHERE ORDER MADE:
THE COURT ORDERS THAT:
1.
2.
3.
DATE AUTHENTICATED
REGISTRAR
FORM 85A
rule 85.02(1)
IN THE COURT OF APPEAL )
OF THE NORTHERN TERRITORY ) No. of 20
OF AUSTRALIA )
A.B.
Applicant
C.D.
Respondent
APPLICATION FOR LEAVE TO APPEAL
1. The applicant applies for leave to appeal from the judgment of (specify Judge appealed from) given on at .
2. Leave to appeal is required by (specify legislation giving right to appeal with leave).
3. The grounds of the application appear in the affidavit of (deponent's name) sworn (date) filed with this application.
4. (If rule 85.02(3) applies) The applicant asks the Court to dispense with compliance with rule 85.02(2).
To the Respondent (address).
NOTE: Before taking a step in these proceedings you must enter an appearance in the Registry.
The applicant's address for service is àààààààààààààà...
Date: (e.g. 5 June 20 )
Signature of applicant
or his solicitor
FORM 85B
rule 85.09
IN THE COURT OF APPEAL )
OF THE NORTHERN TERRITORY ) No. of 20
OF AUSTRALIA )
ON APPEAL from the judgment of (specify Judge) in proceeding No. (specify number in proceeding appealed from).
BETWEEN:
A.B. Appellant
AND
C.D. Respondent
NOTICE OF APPEAL
1. The appellant appeals from the whole (or if from a part, specify part) of the judgment of (specify Judge) given on ............... at ............... .
2. (Where rule 85.10(3) applies) The appeal is brought pursuant to leave granted on ............... .
GROUNDS:
3. )
(briefly, but specifically specify)
4. )
5. (Where relevant, set out the fact that rule 85.12(b) or (c) or 85.12(2) applies and give brief details of the orders made).
ORDER SOUGHT:
(State what judgment or relief the appellant seeks in lieu of the judgment appealed from)
To the respondent (address).
NOTE:
(a) Before taking a step in the proceeding you must enter an appearance in the Registry.
(b) The papers in the appeal will be settled before the Registrar at ............................................................. on ............... at .................
(place, date and time to be inserted by the Registrar).
The appellant's address for service is ààààààààààààààààà
àààààààààààààààààààààààààààààààààà..
Date: (e.g. 20 June 20 )
Signature of appellant
or his solicitor
FORM 85C
rule 85.12(4)
(heading as in the action in which application is sought)
APPLICATION FOR EXTENSION OF TIME OR FOR LEAVE (as the case may be) TO FILE AND SERVE NOTICE OF APPEAL
1. The applicant applies for an extension of time in which to file (or for leave to file) and serve a notice of appeal from the judgment of (specify Judge) given on ............... at ............... .
2. An extension of time (or leave) is required because a notice of appeal was not filed and served within the time limited by rule 85.12(1).
3. (Where rule 85.12(3) applies) The applicant intends to present his case and argument in writing in accordance with rule 85.14.
or
3. This application will be heard by the Court at ........................................................ on ............... (time, place and date to be inserted by the Registrar)
4. The grounds of the application appear in the affidavit of ............................................. sworn ............... and filed with this application.
5. The applicant's address for service is ..................................................... ...........................................................àààààààààààààààààà
Date: (e.g. 20 June 20 )
Signature of applicant
or his solicitor
FORM 85D
rule 85.07(2)(a)
(heading as in Form 85A)
REQUEST FOR APPLICATION FOR LEAVE TO APPEAL
TO BE DETERMINED UNDER SECTION 53(3) OF
THE SUPREME COURT ACT
1. The applicant applies for leave to appeal from the judgment of (name of Judge appealed from) given on at .
2. Leave to appeal from the judgment was refused by (name of Judge who refused initial application) on at .
3. The applicant requests, under section 53(3) of the Supreme Court Act, that the attached application in accordance with rule 85.02 be determined by the Court of Appeal, consisting of not less than 3 Judges.
4. The proposed grounds of the appeal for which leave is sought are as follows:
To the Respondent (address).
NOTE: Before taking a step in these proceedings you must enter an appearance in the Registry.
The applicant's address for service is ......................................................
Date:
Signature of applicant
or applicant's solicitor
FORM 86A
rule 86.04(1)
IN THE COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY OF AUSTRALIA
No. of 19
The Queen v. A.B. (Appellant)
JUDGE'S CERTIFICATE
ON (date) in the Supreme Court at (place) A.B. was tried and convicted before me, the undersigned, on an indictment charging him with (state shortly the offence, e.g., murder, forgery, etc). and was on that conviction sentenced by me to ...................ààààààààà..........................................................
I NOW CERTIFY, in pursuance of section 410(b) of the Criminal Code, that the case is a fit case for an appeal by A.B. to the Court of Criminal Appeal on the following grounds:
Date: (e.g. 20 June 19 )
(Signed)
Judge of Trial
FORM 86B
rule 86.05(9)
IN THE COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY OF AUSTRALIA
No. of 19
The Queen v. (Appellant)
NOTICE TO APPELLANT
To (name), the appellant.
You were on (date) convicted of the offence of (state shortly the offence) and were sentenced to the payment of $ , and, in default of payment to imprisonment. Under the Rules of the Court of Criminal Appeal, you entered into a recognizance in the sum of $ , with sureties (if applicable) in the sum of $ each, to prosecute your appeal. As 14 days have elapsed since your conviction, and no notice of appeal has been filed and served by you, I THEREFORE GIVE YOU NOTICE that at the sitting of the Court of Criminal Appeal to be held at on at, the Court may order that your recognizance be forfeited and (where applicable) those of your sureties, and may otherwise deal with you according to law, unless you then show cause why the Court should not make those orders.
Date:
REGISTRAR
FORM 86C
rule 86.05(9)
IN THE COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY OF AUSTRALIA
No. of 19
The Queen v. (Appellant)
NOTICE TO SURETY FOR APPELLANT OF FORFEITURE OF RECOGNIZANCE
To (surety's name and address).
You became bound in recognizances as surety, that (name of appellant), having been convicted of ............ and for his offence fined the sum of $ , should prosecute an appeal in relation to that conviction before this Court.
(appellant's name) has not so prosecuted his appeal. I THEREFORE GIVE YOU NOTICE that, at the sitting of the Court of Criminal Appeal to be held at on at the Court may order that your recognizances be forfeited, unless you then show cause why the Court should not make such an order.
Date:
REGISTRAR
FORM 86D
rule 86.05(10)
(Title)
WARRANT FOR ARREST
To the Sheriff:
Arrest and bring him before the Court of Criminal Appeal to answer a charge that he, having been convicted of on and sentenced to pay a fine of $ in default of payment of which he was sentenced to prison for (period), has:
(a) failed to pay that fine within that time; and
(b) failed, as required by the Supreme Court (Appeal) Rules, to file and serve a notice of appeal against that sentence or conviction.
Until is brought before the Court you are to detain him in custody.
Date: (e.g. 20 June 19 )
Judge
FORM 86E
rule 86.05(10)
(Title)
WARRANT OF COMMITTAL
To the Sheriff:
Take to (name of prison) and deliver him to the Superintendent of that prison.
To the Superintendent of Her Majesty's prison at
Receive into your custody and keep him there until the further order of this Court (or as the case may be).
His committal is for that, having been convicted of
on and sentenced to pay (where relevant) by (date) a fine of $ in default of payment of which he was sentenced to prison for (period), he has:
(a) failed to pay that fine (within that time); and
(b) failed, as required by the Supreme Court (Appeal) Rules, to file a notice of appeal.
Date:
REGISTRAR
FORM 86G
rule 86.10
IN THE COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY OF AUSTRALIA
No. of 19...
A.B.
Applicant
C.D.
Respondent
APPLICATION FOR LEAVE TO APPEAL
1. The applicant applies for leave to appeal from the judgment of (specify Judge) given on at .
2. Leave to appeal is required by (specify legislation giving right to appeal with leave).
3. The grounds of the application appear in the affidavit of (deponent's name) sworn (date) filed with this application.
4. (Where applicable) The applicant intends to present in writing his (or as the case may be) argument with respect to this application.
To the Respondent (address)
NOTE: Before taking a step in the proceeding you must enter an appearance in the Registry.
The applicant's address for service is
Date: (e.g. 20 June 19 )
(Signed by applicant
or his solicitor)
FORM 86H
rule 86.15(1)
IN THE COURT OF )
CRIMINAL APPEAL ) No. of 19...
OF THE NORTHERN )
TERRITORY OF )
AUSTRALIA )
ON APPEAL FROM (specify Judge and set out number of proceeding appeal from)
BETWEEN:
A.B.
Appellant
AND
C.D.
Respondent
NOTICE OF APPEAL
1. The appellant appeals against his being convicted before the Supreme Court of the Northern Territory of Australia at (place of trial) on (date) on a charge (set out charge) (or where there has been a special finding within the meaning of section 410(a) of the Criminal Code) against the special finding of His Honour Mr Justice (name of Judge) on (date) in which His Honour found (set out brief details of the special finding) [or where the Attorney-General appeals under section 414 of the Criminal Code: against the whole (or if part specify the part) of (here set out the sentence, determination, declaration or order which is the subject of the appeal].
2. (Where applicable) The appeal is brought pursuant to leave granted on ............... .
GROUNDS:
3. ) (Briefly, but specifically, set out grounds)
4. )
5. (Where rule 86.15(3) applies) This appeal is brought under section 410(b) of the Criminal Code on a certificate of (name of Judge) dated .
6. (Where applicable) The appellant intends to present in writing his (or as the case may be) argument with respect to this appeal.
ORDER SOUGHT:
(State what judgment or relief the appellant seeks in lieu of the judgment appealed from).
To the respondent (address).
NOTE:
(a) Before taking a step in the proceeding you must enter an appearance in the Registry.
(b) The papers in the appeal will be settled before the Registrar at on (place, date and time to be inserted by the Registrar).
The appellant's address for service is àààà.................................................
àààààààààààààààààààààààààààààààààà..
Date: (e.g. 20 June 19 )
(Signed)
FORM 86HA
rule 86.14A(2)
IN THE COURT OF APPEAL )
OF THE NORTHERN TERRITORY ) No. of 20
OF AUSTRALIA )
A.B.
Applicant
C.D.
Respondent
REQUEST FOR APPLICATION FOR LEAVE TO APPEAL
OR EXTENSION OF TIME TO BE DEALT WITH URGENTLY
1. The applicant requests that the attached application in accordance with rule 86.10 or 86.11 be dealt with urgently.
2. The grounds for the request are as follows*/appear in the affidavit of (deponent's name) sworn (date) filed with the attached application*.
To the Respondent (address).
NOTE: Before taking a step in these proceedings you must enter an appearance in the Registry.
The applicant's address for service is......................................................
Date:
Signature of applicant
or applicant's solicitor
FORM 86J
rule 86.18(1)
IN THE COURT OF )
CRIMINAL APPEAL ) No. of 19
OF THE NORTHERN )
TERRITORY OF )
AUSTRALIA )
IN THE MATTER of
a reference under
section 414(2) of
Criminal Code
BETWEEN
ATTORNEY-GENERAL
Applicant
C.D.
Respondent
REFERENCE UNDER SECTION 414(2) OF THE CRIMINAL CODE
To (respondent's full name)
The Attorney-General intends, in pursuance of section 414(2) of the Criminal Code, to refer for the consideration and opinion of the Court of Criminal Appeal the following point of law that has arisen at the trial of
acquitted of a charge of
on at , namely (here set out the point of law).
NOTE that,:
(a) in pursuance of section 414(4)(b) of the Criminal Code, you are entitled to be heard and be represented by counsel on this reference; and
(b) under section 414(5) of the Criminal Code, such opinion as the Court may give upon this reference shall not affect the trial in respect of which the reference is made nor the acquittal in that trial.
Date: (e.g. 20 June 19 )
Attorney-General
NOTE: This reference is set down for consideration by the Court of Criminal Appeal at on
at or at such later time as counsel for the parties may be heard.
Date:
REGISTRAR
FORM 86K
rule 86.18(3)
(heading as in originating process)
REFERENCE BY REGISTRAR
In pursuance of section 426(2) of the Criminal Code, I refer to the Court of Criminal Appeal for summary determination the notice of appeal/application for leave to appeal* against the conviction of and sentence imposed (or as the case may be) on .
It appears to me that the notice of appeal/*application for leave to appeal* does not show any substantial ground of appeal.
NOTE: This reference is set down for consideration by the Court of Criminal Appeal at on at or at such later time as counsel for the parties may be heard.
Date:
REGISTRAR
* Strike out that which is not applicable.
FORM 86L
rule 86.19(1)
(heading as in Form 86G)
APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL
To the Registrar of the Court of Criminal Appeal.
BETWEEN
A.B.
Applicant
AND
the Crown
Respondent
I having been convicted of the offence of in the Supreme Court, held at on , and being now a prisoner in Her Majesty's prison at (or, where the appellant for any reason is not in custody) and now living at give you notice that I apply to the Court of Criminal Appeal for an extension of the time within which I may give notice of appeal (or make application for leave to appeal) on the grounds set out in the accompanying affidavit of
sworn .
(Where applicable) I intend to present in writing my argument with respect to this application.
Date:
Signed
NOTE: This application is set down for consideration by the Court of Criminal Appeal at on at or such later time as Counsel for the parties may be heard.
FORM 86M
rule 86.22(1)
(heading as in originating process)
NOTIFICATION TO APPELLANT OF JUDGE'S DECISION UNDER SECTION 429 OF THE CRIMINAL CODE
On (date), a Judge of the Court of Criminal Appeal having considered your application for:
*(a) leave to appeal;
*(b) for extension of time within which to file notice of appeal or within which application for leave to appeal may be given;
*(c) permission for you to be present at the hearing of a proceedings;
*(d) bail;
*(e) a suspension of an order made with respect to your driver's licence,
has granted/refused* the application(s).
** If you want to have the application(s) which has/have* been refused determined by the Court of Criminal Appeal, you are required to complete the enclosed form and return it to me immediately.
Date:
REGISTRAR
To (appellant's name and address).
* Strike out that which is not applicable.
** Strike out this paragraph if application granted.
FORM 86N
rule 86.22(2)
(heading as in originating process)
NOTICE OF APPLICATION FOR REHEARING BY COURT OF CRIMINAL CRIMINAL APPEAL UNDER SECTION 429(2) OF THE CRIMINAL CODE
I, , having received your notification that my application(s) for:
(a) leave to appeal;
(b) for extension of time within )
which notice of appeal or of ) (Strike out
application for leave to ) any of those
appeal may be given; ) which are not
) relevant.)
(c) permission to me to be )
present at the hearing of )
any proceedings in relation )
to my appeal; )
)
(d) bail; or )
(e) suspension of an order
made with respect to my
driver's licence,
has/have been refused; HEREBY APPLY FOR my application(s) to be considered and determined by the Court of Criminal Appeal (*and that, as I am not legally represented, I desire to be present at the determination of my application).
Date:
Appellant.
To the Registrar of the Court of Criminal Appeal.
(If you want to state any reasons in addition to those set out by you in your original notice upon which you submit that the Court of Criminal Appeal should grant your applications, you may do so in the space below.)
* Strike this out if you do not want to be present.
FORM 86P
rule 86.22(8)
(heading as in originating process)
NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION UNDER SECTION 429(2) OF THE CRIMINAL CODE
To the appellant (address).
The Court of Criminal Appeal has considered the matter of your application for permission to be present during the proceedings in your appeal (or as the case may be) and has granted (or has refused) you leave to be present at on when the following application will be heard, namely
Date:
REGISTRAR
FORM 86Q
rule 86.22(9)(b)
(heading as in originating process)
NOTIFICATION TO DIRECTOR, &c., OF RESULT OF APPLICATION
To the Superintendent of Her Majesty's prison at
This is to give you notice that having applied for:
(a) leave to appeal to the Court of Criminal Appeal;
(b) leave to extend the time within which he may give notice of appeal or of an application for leave to appeal;
(c) permission to be present during the proceedings in his appeal;
(d) admission to bail;
(e) suspension of an order made with respect to his driver's licence,
the Court of Criminal Appeal has this day finally determined his applications and has given judgment to the effect following:
Date:
REGISTRAR
FORM 86R
rule 86.28(1)
(heading as in originating process)
NOTICE TO DIRECTOR
To the Director, Correctional Services
ON (date) (name) at the Supreme Court at was convicted of , and was sentenced to be imprisoned and kept to hard labour (or as the case may be) in Her Majesty's prison at
for ;
Afterwards (name) appealed to the Court of Criminal Appeal against that conviction and sentence (or as the case may be) AND on (date) (name) was released from custody on bail.
The Court of Criminal Appeal has this day dismissed the appeal and confirmed the conviction and sentence (or as the case may be).
Date:
REGISTRAR
FORM 86S
rule 86.29(1)
(heading as in Form 86H)
APPLICATION FOR FURTHER WITNESSES
I, .....................................................àààààààààààààààààà..
(or the Crown) having appealed to the Court of Criminal Appeal, hereby request(s) you to take notice that I (or the Crown) desire(s) that the Court order the following witness[es] to attend the Court and be examined on my behalf (or on behalf of the Crown).
(You are required to fill up the following form and sign it)
1. Name and address of witness(es): àààààààààààààààà
ààààààààààààààààààààààààààààààà..
2. Has that witness been examined at trial? ...............àà.................................................àààààààààà.
3. If not, give the reason why he or she was not examined: àààà..........................................ààààààààààààààà.
4. On what matters do you wish him or her to be examined on the appeal? (State shortly the evidence it is believed the witness can give: ..............àààààààààààààààààààààà..........
Date:
(Signed)
FORM 86T
rule 86.29(4)
(heading as in Form 86H)
ORDER TO WITNESS TO ATTEND COURT OF CRIMINAL APPEAL FOR EXAMINATION
To
of
You have been ordered to attend and be examined as a witness before the Court of Criminal Appeal on the appeal of ,
THIS IS TO GIVE YOU NOTICE to attend before the Court at
on at .
(Where applicable) You are also required to have with you at that time and place such books, papers, or other things of which you have had notice to produce as relate to the appeal.
Date:
REGISTRAR
NOTE: that if you do not comply with this subpoena you may be arrested and dealt with by the Court for contempt.
FORM 86U
rule 86.30(3)
(heading as in originating process)
NOTICE TO RESPONDENT
1. You have filed a notice of appeal (or as the case may be) against (give details).
2. If you wish to appear in person at the Court of Criminal Appeal on the hearing of the appeal (or as the case may be), you must seek the leave of the Court.
3. You may make in writing an application for leave to appear and may present in writing your argument in support of that application.
4. You may present in writing your argument with respect to your appeal (or as the case may be).
5. I expect your appeal (or as the case may be) will be heard at the sittings of the Court of Criminal Appeal commencing on (date).
6. (Here set out any relevant matter to which section 426(4)(e) of the Criminal Code relates.)
Date:
REGISTRAR
FORM 86V
rule 86.30(4)
(heading as in originating process)
NOTICE TO RESPONDENT
1. The Attorney-General has filed a notice of appeal in this matter.
2. You may appear yourself at the hearing of the appeal if you are not represented by counsel.
3. You may present your argument in writing with respect to the appeal or to any preliminary or incidental proceeding.
4. I expect the appeal will be heard on (date).
5. [Here set out, if necessary, any matter required under section 426(5)(d) of the Criminal Code].
Date:
REGISTRAR
FORM 87A
rule 87.04
IN THE SUPREME COURT )
OF THE NORTHERN TERRITORY ) No. of 19
OF AUSTRALIA )
IN THE MATTER of an appeal
under the Workers Rehabilitation and
Compensation Act
BETWEEN:
Appellant
and
Respondent
NOTICE OF APPEAL
The proceeding appealed from was heard in (place) by the Work Health Court on (date) and decided on (date).
(Where leave to appeal has been granted, add:
Leave to appeal was granted on [date]).
The appellant appeals from the decision of (or the following part of the decision of
or as the case may be) (briefly but specifically state the decision or part appealed against).
GROUNDS: (state briefly but specifically the grounds relied upon in support of the appeal).
ORDER SOUGHT: (state what judgment, relief or decision the appellant seeks in lieu of that which is the subject of the appeal).
To the respondent (address)
NOTE: A directions hearing in this appeal will take place before (Judge or Master, as the case may be) in (place) at (time) on (date). If you do not attend that hearing either in person or by your solicitor or counsel, orders may be made in your absence.
Before you take a step in this appeal and before you may be heard in relation to it or on a directions hearing, you must enter an appearance in the Registry.
Appellant: (name, address and occupation)
Solicitor: (name, address and telephone number)
Solicitor's agent: (name, address and telephone number)
Appellant's address for service:
DATE: (e.g. 20 June 19 )
Signed by appellant
or his solicitor
FORM 88A
rule 88.07(1)
IN THE SUPREME COURT
OF THE NORTHERN
TERRITORY OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY (or as
the case may be)
THE ESTATE of the late (name) late of (address and occupation at time of death)
No. of 19
APPLICATION
The applicant, (name), the executor named in the will dated
(e.g. 1 April 1986), (where applicable: and 2 codicils dated (date) and (date)) of (name) late of (address and occupation), deceased, claims that probate of the will (where applicable: and 2 codicils) be granted to him.
or
The applicant (name), a beneficiary named in the will dated
(e.g. 1 July, 1971, (where applicable and 2 codicils dated (date) and (date)) of (name) late of (address and occupation), 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 applicant (name), the widow of (name), late of (address and occupation), 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 applicant (name) (where applicable: as attorney of (name) claims that probate of the will dated (e.g. 1 April 1986) (or where applicable: letters of administration of the estate) of (name) late of (address and occupation) 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).
Applicant: (name, address and occupation)
Applicant's address for service: .
Filed: (date)
(Signature)
Applicant's Solicitor.
FORM 88B
rule 88.09(1)
NOTICE OF INTENDED APPLICATION FOR PROBATE
In the Supreme Court of the Northern Territory of Australia.
After 14 days from publication of this notice an application for probate of the will dated (date e.g. 10 April 1960) (where applicable: and 2 codicils dated (date) and (date)) of (name in capitals), late of (address and occupation), 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 88C
Rule 88.09(1)
NOTICE OF INTENDED APPLICATION FOR ADMINISTRATION
In the Supreme Court of the Northern Territory of Australia.
After 14 days from publication of this notice an application for administration (or where applicable: administration with the will dated (date e.g. 10 April 1960) annexed of the estate of (name in capitals) late of (address and occupation) 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 88D
rule 88.09(1)
NOTICE OF INTENDED APPLICATION FOR RESEALING
In the Supreme Court of the Northern Territory of Australia.
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 (address and occupation), 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 88E
rule 88.13(2)
RENUNCIATION OF PROBATE
I, (name) of (address of place of residence) (occupation e.g. labourer) declare:
1. I am the executor (or one of the executors or as the case may be) appointed by the will dated (date e.g. 1 April 1960) (where applicable): and 2 codicils dated (date) and (date) of (name) late of (address and occupation) who died on (date).
2. I have not intermeddled in the estate of the deceased.
3. I renounce all rights 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))
Signed in the )
)
presence of )
FORM 88F
rule 88.14(1)
(heading as in Form 88A)
AFFIDAVIT OF ATTESTING WITNESS
I (name, address and occupation) make oath and say that:
1. On (date) the document annexed and marked "A" was signed (as appears on the document) by (name), the deceased, as his will in my presence and that of (name of other witness) present at the same time and we then at the request of the deceased attested and subscribed that will 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 my signature and that of (name of other witness).
Sworn at (e.g. Darwin) )
on (e.g. 6 June 1987) )
before me )
* Delete "and in the presence of each other" if the document is a will that is made on or after 1 March 2001
FORM 88G
rules 88.23(1)(a)
and 88.24(1)(a)
(heading as in Form 88A)
AFFIDAVIT OF DEATH
I (name, address and occupation) make oath and say that:
1. I was well acquainted with (name of deceased), late of (address and occupation) for (number) years.
2. I saw his dead body on the day he died, that is to say, on (date).
3. I am not interested in his estate.
or in lieu of paragraphs 2 and 3
2. I believe that he is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked "A".
Sworn etc (as in Form 88F))
on
FORM 88H
rule 88.23(1)(b)
(heading as in Form 88A)
AFFIDAVIT OF EXECUTOR
I (name, address and occupation) make oath and say that:
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), the deceased which will has not been revoked.
3. My means of identifying the will are (state these).
4. I am the executor (or one of the executors) named in the will (where relevant add: The other executors named in the will are and set out names and addresses).
5. The subscribing witnesses to the will are (name) and (name).
6. The deceased did not marry after the will was made. (If he did marry state particulars of the marriage).
7. The deceased left an estate within the Territory the value of which is under $ being (give brief details).
8. I am over 18 years of age (or as the case may be. See Rule 88(1)(b)(vii))
9. (where applicable) (name), one of the executors appointed by the will died on (date).
10. (where applicable) (name), one of the executors named in the will renounced probate of the will on (date).
11. The deceased died on (date) aged years.
Sworn etc (as in Form 88F)
FORM 88I
rule 88.23(1)(c)
(heading as in Form 88A)
AFFIDAVIT OF PUBLICATION AND SEARCH
I (name, address and occupation) make oath and say that:
1. A notice, a copy of which is annexed and marked "A", was published on (date) in the (name) which is a Darwin daily newspaper.
2. (where applicable) The notice was also published on (date) in the (name) which is a newspaper published and circulating in the district where (name), the deceased, resided at the time of his death.
3. I have this day searched in the Registry of the Court and have found:
(a) no evidence of a caveat having been lodged relating to a grant or reseal being made in the estate of the deceased (or state the evidence);
(b) (where 2 years have elapsed since the date of death) no evidence of a prior application for probate or administration or resealing in the estate having been made; and
(c) that, before the making of this application for grant of probate no election has been filed under Part VII of the Public Trustee Act (supply information to comply with Rule 88.24(1)(c)(v) where relevant).
4. I have searched the index of wills kept by each prescribed person within the meaning of section 3 of the Wills Act and have found (set out the results of the search).
Sworn etc (as in Form 88F)
FORM 88J
rule 88.23(7)
(heading as in Form 88A)
OATH OF OFFICE
I (name) of (address and occupation) make oath and say that if the Supreme Court of the Northern Territory of Australia grants to me (state the grant sought) of (name) late of (address and occupation) I will well and truly collect and administer the estate of the deceased according to law.
Dated: (date)
Sworn by (name) )
)
at (place) before me: )
FORM 88K
rule 88.24(1)(b)
(heading as in Form 88A)
AFFIDAVIT OF APPLICANT FOR ADMINISTRATION
I (name, address and occupation) make oath and say that:
1. My full residential address is (address).
2. I am (state relationship to deceased) of (name) late of (address and occupation) who died on (date).
3. I believe that the deceased did not leave a will.
4. (State what searches have been made for a will.)
5. The names, ages and relationship to the deceased of his next of kin who survived him are (state these).
6. The deceased died a widower (or as the case may be. (See Rule 8.24(1)(iv)).
7. I am over 18 years of age (or as the case may be).
8. I am not an undischarged bankrupt and I have not assigned or encumbered my interest in the estate.
9. The deceased left an estate within the Territory.
10. I am not aware of any claims against the estate (where applicable: other than those set out in the affidavit of assets and liabilities filed in this proceeding).
11. I estimate that the estate is under the value of $ (gross value). (see Rule 88.24(1)(v)).
12. The deceased died on (date) aged years.
13. (State facts to comply with Rule 88.24(1)(b)(xi)).
14. (If applicable) I am a creditor of the deceased (add details of debt, amount and evidence to support claim).
Sworn etc. (as in Form 88F)
FORM 88L
rule 88.24(2)(a)
CONSENT TO ADMINISTRATION
I (name) of (address and occupation) am (state relationship) of (name) late of (address and occupation) 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 an administration bond being dispensed with).
Date: (date)
Signed in the )
)
presence of )
FORM 88M
rule 88.24(2)(a)
(heading as in Form 88A)
AFFIDAVIT OF WITNESS TO CONSENT
I (name, address and occupation) make oath and say that:
1. The document marked "A" annexed to this my affidavit 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 etc. (as in Form 88F)
(This affidavit may be subscribed to Form 88L)
FORM 88N
rule 88.24(4)
ADMINISTRATION BOND
We (state the name, address and occupation of the proposed administrator and of the 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 (address and occupation) deceased, is granted by the Supreme Court of the Northern Territory to (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.
Dated: (date)
Signed sealed and delivered etc.
FORM 88P
rules 88.24(7)
88.33(6)(d)
(heading as in Form 88A)
AFFIDAVIT OF SURETY
On (date), I (name, address and occupation) make oath and say:
1. My full residential address is (state address).
2. I am one of the sureties for (name) the intended administrator of the estate of (name) late of (address and occupation) who died on (date).
3. I own 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).
Sworn etc. (as in Form 88F)
FORM 88Q
rule 88.25(2)
(heading as in Form 88A)
AFFIDAVIT OF APPLICANT FOR ADMINISTRATION WITH THE WILL ANNEXED
I, (name, address and occupation) make oath and say that:
1. My full residential address is (state address).
2. The document, dated (date) and signed in the margin by me and the person before whom this affidavit is sworn is, I believe, the last will of (name), the deceased.
3. My means of identifying the will are (state these).
4. The executor named in the will is (name) and his full residential address is (state this).
5. The subscribing witnesses to the will are (name) and (name).
6. The deceased did not marry after the will was made. (if he did marry state particulars of the marriage.)
7. The deceased left an estate within the Territory.
8. (Where applicable) (name), the executor named in the will, died on (date).
9. (Where applicable) (name), the executor named in the will renounced probate of the will on (date).
10. I am over 18 years of age (or as the case may be).
11. I am not an undischarged bankrupt and I have not assigned or encumbered my interest in the estate.
12. The names and ages of the persons entitled to share in 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 showing that the persons named in this paragraph are entitled and that no other person is entitled.)
13. I am not aware of any claims against the estate (where applicable) other than those set out in the affidavit of assets and liabilities filed in this proceeding.
14. I estimate that the estate is under the value of $ (gross value).
15. The deceased died on (date) aged years.
Sworn etc. (as in Form 88F)
FORM 88R
rules 88.24(12)
88.25(4), 88.33(6)(c)
(heading as in Form 88A)
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 (date) (where applicable: and 2 codicils dated (date) and (date)) of (name) late of (address and occupation) 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.
or
(In case of renunciation of Letters of Administration in favour of Public Trustee)
1. (Name of deceased), late of (address and occupation) who died (date) intestate.
2. The deceased left surviving him his (name of survivor and relationship).
3. I (name), the (only son or as the case may be) renounce all right to Letters of Administration of the real and personal estate of the deceased.
Dated: (date)
Signed in the
presence of
FORM 88S
rule 88.26(1)(a)
(heading as in Form 88A)
AFFIDAVIT OF APPLICANT FOR RESEALING
I, (name, address and occupation) make oath and say that:
1. My full residential address is (state address).
2. (name), the deceased, died at (place) in (indicate State, Territory or elsewhere) on (date) aged years.
3. The deceased died intestate.
or
The deceased left a will dated (date) by which he appointed me (or where applicable: (name)) sole executor of it.
4. Probate of the will was (where applicable: Letters of Administration of the estate of the deceased were) granted by (name of court) to me (or where applicable: to (name)) on (date).
5. The grant has not been revoked.
6. (Where applicable) By Power of Attorney annexed hereto and marked "A" dated (date) (name) appointed me his attorney to apply to this Court to reseal the Probate (or Letters of Administration).
7. (where applicable) I have not received any notice of revocation of the Power of Attorney by death, unsoundness of mind, act of the donor or otherwise.
8. The deceased left an estate within the Territory.
9. I am over 18 years of age (or as the case may be).
11. I am not aware of any claims against the estate (or I am not aware of any claims against the estate other than those set out in the affidavit of assets and liabilities filed in this proceeding).
12. (Comply with Rule 88.26(1)(b)(iv) where relevant).
13. The persons beneficially entitled under the grant are:
Sworn etc (as in Form 88F)
FORM 88T
rule 88.27(1)
(heading as in Form 88A)
AFFIDAVIT OF ASSETS AND LIABILITIES
I, (name, address and occupation) make oath and say that:
1. I am the person applying for a grant (of probate or as the case may be) in respect of the estate of (name), deceased, late of (address and occupation).
2. The statement of the assets of the deceased in the attached inventory (signed in the margin by me and by the person before whom this affidavit is sworn) and the within statement under the heading "Liabilities" comprise a true statement of all the assets and liabilities of the deceased of which at the date of swearing this affidavit I am aware.
Unless the application is an application for resealing add:
3. The within statement under the heading "Persons entitled" is a true statement showing the persons entitled to the assets of the deceased, a description of, and an estimate of the value of, their entitlements and, where a person entitled is a minor, his age.
Sworn etc (as in Form 88F)
Inventory of Property
1. Property of the deceased shall be listed in the inventory under the headings below and in the order in which the headings appear but the inventory should not show a heading if the deceased did not have property of that description.
2. Property held by the deceased as joint tenant should not be included in the inventory but may be noted at the foot of it as shown.
3. The value of each item of property shall be stated, or, if the value is not known, an estimate of value must be stated. It is not necessary to furnish evidence of value unless the Court so requires.
Liabilities
4. The amount of each liability shall be stated or, if the amount is not known, an estimate of the amount shall be stated. It is not necessary to furnish evidence of the amount unless the Court so requires.
The headings are:
1. Real Estate, leasehold estate, rents accrued.
2. Furniture, watches and jewellery.
3. Money in house or hand.
4. Money in current accounts.
5. Money in an ADI on deposit.
6. Life policies.
7. Superannuation, long service leave, other leave.
8. Shares in companies.
9. Government stock.
10. Debenture and mortgages.
11. Debts.
12. Interest in partnership or business.
13. Interest in deceased estate.
14. Motor vehicles.
15. Livestock, farming plant, wool and crops.
16. Payments under any medical benefits or hospital contribution fund.
17. Taxation credits.
18. Other personal property.
State the balance as follows:
SUMMARY OF ASSETS AND LIABILITIES
Total value of assets .............
$95,370.86
Total amount of liabilities .......
$933.00
Net $94,437.86
INVENTORY OF PROPERTY
of the estate of (name) of (place) (occupation) deceased
Estimated or
known value
SCHEDULE No. 1 REAL ESTATE
No. 33 (name) Road, (place) being
Lot 33 D.P. 3333 Certificate of Title
Volume 3333 Folio 33 (estimated) ....... $52,000.00
SCHEDULE No. 2 MONEY IN CURRENT ACCOUNT
(name of ADI) at (place)
Account No. 44-4444 ..................àà... $ 1,909.31
SCHEDULE No. 3 MONEY IN ADIs etc. ON DEPOSIT
(name of ADI) at (place)
Savings Account No. 5-5555 $ 9,746.17
Term Deposit, Account
No. 666-666 ............. $29,615.38
$39,361.55
SCHEDULE NO. 4 MOTOR VEHICLES
(make) Sedan Registered No. 123-333
(estimated) ............................ $ 2,100.00
TOTAL $95,370.86
JOINT TENANCY
100 shares in X Pty. Ltd. held by the
deceased and (name) as joint tenants.
LIABILITIES
Date
Name of Creditor, &c.
Description of liability
Estimated or known amount
Secured
Unsecured
$
$
3-8-81
(name)
Repair account
883.00
3-8-81
(name)
Ambulance account
50.00
933.00
PERSONS ENTITLED
Name
Relationship, if any to the deceased
Age if a minor
Description of entitlement
Estimated or known value
$
FORM 88U
rule 88.42(1)
(heading as in proceeding in which grant was made)
APPLICATION FOR REVOCATION OF GRANT
On the grounds appearing in the accompanying affidavit, the applicant claims that probate of the will (or where applicable Letters of Administration) of (name) late of (address and occupation) granted to him on (date) and numbered (number of grant) be revoked.
Applicant: (name, address and occupation)
Applicant's address for service: (See Rule 6.05(1))
Filed: (date)
(signature)
Applicant's solicitor
FORM 88V
rule 88.46(1)
(Heading as in originating process)
REQUEST FOR ISSUE OF CITATION
I request that a citation issue to each of (name and address 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 (name and address)
(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)
(signature)
Solicitor for person applying
or
(Title, etc. as in originating process)
I request that a citation to see these proceedings issue to each of (name and address of each person to be cited).
Party applying: (name)
Filed: (date)
(signature)
Solicitor for person applying
FORM 88W
rule 88.51(1)
(heading as in Form 88V)
CITATION TO PRAY FOR ADMINISTRATION
To (name) of (address),
This citation is issued at the request of (name) of (address and occupation) who has filed in this Court an affidavit by him stating that:
1. (name) late of (address and occupation) died at (place) on (date);
2. he believes that the deceased died without leaving a will (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 (name) the executor appointed by the will died on (date)); and
4. he is (state relationship to the deceased) of the deceased (or where applicable: he is a beneficiary under the will or 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 (number of days) days after service on you of this citation (or if this citation is served on you outside the Northern Territory within (number of days) after service of it on you) file in the Registry of this Court an answer stating (if it be the case) 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 a proceeding in this Court for a grant to you of administration of the estate of the deceased and pursue that proceeding 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)
By the Court
Registrar
FORM 88X
rule 88.51(2)
(heading as in citation)
ANSWER TO CITATION TO PRAY FOR ADMINISTRATION
I (name) of (address and occupation) 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 (address and occupation) answer that I intend to apply to this Court for a grant to me of administration of the estate of the deceased.
Filed: (date)
(signature)
Solicitor for person cited
FORM 88Y
rules 88.52(1)
and 88.54(3)
(heading as in Form 88A)
CITATION TO TAKE PROBATE
To (name) of (address),
This citation is issued at the request of (name) of (address and occupation) who has filed in this Court an affidavit by him stating that:
1. (name) late of (address and occupation) 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; and
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 (number of days) days after service on you of this citation (or if this citation is served on you outside the Northern Territory within (number of days) after service of it on you) file in the Registry of this Court an answer stating that you intend to apply (if it be the case) to the Court for a grant to you of probate of the will; and
2. with reasonable promptness commence a proceeding in this Court for a grant to you of probate of the will and pursue that proceeding 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 as if you had not been appointed executor.
Dated: (date)
By the Court
Registrar
FORM 88Z
rule 88.52(2)
(heading as in citation)
ANSWER TO CITATION TO TAKE PROBATE
I (name) of (address and occupation) 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 (address and occupation) answer that I intend to apply to this Court for a grant to me of probate of the will.
Filed: (date)
(signature)
Solicitor for person cited
FORM 88ZA
rule 88.53(2)
(Heading as in originating process)
CITATION TO SEE PROCEEDINGS
To (name) of (address),
This citation is issued at the request of (name) of (address and occupation) who is the applicant (or where applicable: a respondent) in a proceeding commenced in this Court by application. A copy of the (originating process or as the case may be) is annexed and marked "A".
A copy of the will referred to in the (originating process) is annexed and marked "B".
The applicant has filed an affidavit stating that you have an interest adverse to him in the proceeding in that (state the adverse interest).
If you do not answer his citation by filing an appearance in the proceeding before the proceeding is heard and determined, the Court may hear and determine the proceeding in your absence with such consequences as may ensue according to law.
Dated: (date)
By the Court
Registrar
FORM 88ZB
rule 88.54(2)(a)
(Order under section 34 of Administration and Probate Act)
(heading as in originating process) (other particulars as in Form 60C of General Rules)
ORDER
THE COURT ORDERS THAT:
1. Probate of the will of (name) late of (address and occupation) dated (date e.g. 1 April 1945) who died on (date) will, after the expiration of (number) days (or one month or as the case may be) be granted to (applicant's name) of (applicant's address and occupation).
2. (name of executor who neglects or refuses to prove the will or renounce probate or who is unknown or cannot be found) have liberty to apply within the time specified in paragraph 1 of this Order to set aside or vary this order.
3. (Insert other orders made by the Court).
DATE AUTHENTICATED:
Judge or
Registrar
Or
By the Court
Registrar
FORM 88ZC
rule 88.62(1)
(Caveat in respect of a grant or reseal being made)
(heading as in Form 8A)
CAVEAT
I demand that no grant or reseal be made in the estate of (name) late of (address and occupation) without prior notice to me.
My interest is (state interest).
Caveator: (name, address and occupation)
Caveator's address for service: (See Rule 6.05 of General Rules)
Lodged: (date)
(signature)
Caveator or his solicitor
FORM 88ZD
rule 88.63(1)
(Caveat requiring proof of will in solemn form)
(heading as in Form 88A)
CAVEAT
I require that any will (or where applicable: the will dated (date) or otherwise identify the will) of (name) late of (address and occupation) be proved in solemn form.
My interest is (state interest).
Caveator: (name, address and occupation)
Caveator's address for service: (See Rule 6.05 of General Rules)
Lodged: (date)
(signature)
Caveator or his solicitor
FORM 88ZE
rule 88.74(2)
(Summons under section 91(2) of Administration and Probate Act)
(heading as in originating process)
REGISTRAR'S SUMMONS
You are required, on the application of the Registrar, to show cause to the Court why you should not be ordered, under section 91(2) of the Administration and Probate Act:
* to file an inventory or statement as required by section 89 of that Act and by the Rules of Court;
* to fill accounts;
* to file and pass accounts;
* to pass accounts forthwith.
The application will be heard before a Judge [or the Registrar] on (date) at a.m. [or p.m.] or so soon afterwards as the business of the Court will allow.
Registrar.
To: [identify person to whom summons is address].
* Strike out whichever is inapplicable.
FORM 88ZF
rule 88.88
(No heading or title is necessary)
NOTICE OF INTENDED DISTRIBUTION OF ESTATE
Any person having a claim upon the estate of (name in capitals) late of (place) (occupation) who died on (date) must send particulars of his claim to the executor (or as the case may be) (name) at (address of executor) (or care of name of solicitor, solicitor, address, and, where applicable, or their agents, name, address) within 2 calendar months (or more) from publication of this notice. After that time the executor (or as the case may be) may distribute the assets of the estate having regard only to the claims of which at the time of distribution he has notice. Probate was (or Letters of Administration were) granted in the Territory on (date).
FORM 92A
rule 92.15(1)
20 No.
IN THE SUPREME COURT
IN THE MATTER OF
OF THE NORTHERN TERRITORY
the Criminal Property
AT
Forfeiture Act and
IN THE MATTER of CD,
BETWEEN
AB
Applicant
and
CD
Respondent
EX PARTE APPLICATION
The applicant applies for the following declaration(s) and/or order(s) against:
Dated: [e.g. 15 June 20 .]
[Signed]
Filed:
The Applicant's address for service is:
[The form is to include, in a Schedule if necessary, details of any property in respect of which an order is sought.]
FORM 92B
rule 92.15(2)
20 No.
IN THE SUPREME COURT
IN THE MATTER OF
OF THE NORTHERN TERRITORY
the Criminal Property
AT
Forfeiture Act and
IN THE MATTER of CD,
BETWEEN
AB
Applicant
and
CD
Respondent
APPLICATION
TO: [Respondent]
TAKE NOTICE that the applicant applies for the following declaration(s) and/or order(s) against you:
Directions as to the hearing of this application will be given by the Court on [date] at [time].
Dated: [e.g. 15 June 20 .]
[Signed]
The Applicant's address for service is:
[The form is to include, in a Schedule if necessary, details of any property in respect of which an order is sought.]
If you intend to defend the proceeding, you must give notice of your intention by filing an appearance within 21 days of being served with this notice. You or your solicitor may file the appearance by filing a "Notice of Appearance" in the Registry of the Supreme Court in the Supreme Court Building, State Square, Darwin, or, if this notice is issued by the Alice Springs Registry, in the Alice Springs Registry of the Supreme Court, Law Courts Building, Parsons Street, Alice Springs.
If you do not file an appearance within the proper time, the applicant may obtain an order or declaration against you without giving you any further notice.
FORM 92C
rule 92.15(3)
20 No.
IN THE SUPREME COURT
IN THE MATTER OF
OF THE NORTHERN TERRITORY
the Criminal Property
AT
Forfeiture Act and
IN THE MATTER of CD,
APPLICATION TO INSPECT FILE
I, [ full name and address ] apply to inspect the court file in the matter of [ name of party ] under the Criminal Property Forfeiture Act.
I certify that my reason for this application is [state grounds - e.g. I am a legal practitioner retained to provide advice to in the matter].
I acknowledge that the Criminal Property Forfeiture Act provides a penalty of 1 000 penalty units or 5 years imprisonment for a breach of the secrecy provisions of the Act.
Signed
Dated: [e.g. 15 June 20 .]
Application approved/not approved Registrar
Date
FORM 93A
rule 93.02
IN THE SUPREME COURT */
IN THE COURT OF APPEAL*/
IN THE COURT OF CRIMINAL APPEAL*/
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT [Darwin or Alice Springs]
No.
BETWEEN
THE QUEEN
and
A.B.
APPLICATION FOR BAIL / REQUEST FOR REVIEW OF BAIL
DECISION*
[Name in full of applicant/ person requesting review*]
of [address] is charged with/has been convicted of* [description of offence]
I, [name of applicant /person making request*] of [address]
request [name of court] at [place]
to:
(a) grant bail
Application for bail made at ....à...... [place] on the à...... day of ...20..;
or
(b) review under [cite provision of Bail Act under which review is sought] a decision of [name of magistrate/Judge/court] made at [court, place] on [date of decision] .
Application/ request for review made on the ............... day of .............. 20.... *
Signature of applicant / person making request
______________________________________________________________
NOTICE OF HEARING
* The accused person
TO:
* Director of Public Prosecutions
NOTE: That the above matter has been listed for hearing at [name of court]
on ............... the ............... day of ............... 20.... at ..........................am/pm*
when all parties to the matter must attend.
Date:
COURT OFFICER
* Delete where inapplicable
Schedule 2
rule 81A.16
1. Has an indictment been signed and served upon the accused?
2. Are further particulars of the indictment likely to be sought by the accused?
3. Does the accused person presently intend to plead guilty or not guilty to a specified count on the indictment?
4. Is there to be an application to sever the indictment and, if so, what parts of the indictment are to be severed?
5. Is a specified accused likely to make an application for a separate trial?
6. Is there a possibility of a change of plea?
7. Has there been a conference between counsel for the Director and counsel for the accused? If not, is such a conference proposed?
8. Does the prosecution propose to call additional evidence?
9. Has the prosecution notified the accused or his or her legal representative of additional evidence and, if it intends to do so, when is it proposed to furnish a proof of evidence?
10. What is the probable length of trial?
(a) the prosecution's estimate?
(b) the accused's estimate?
11. Is a point of law or of admissibility of evidence likely to be raised before a jury is empanelled? If yes, what are those matters and what is the likely duration of these matters?
12. Does the accused or the prosecution intend to raise a special issue? e.g. unfitness to be tried, change of venue, mental impairment.
13. Does the accused intend to raise a special plea? e.g. lack of jurisdiction, autrefois convict, autrefois acquit.
14. Does the accused intend to rely on an alibi not yet disclosed in conformity with the Criminal Code?
15. Do the parties anticipate a problem in relation to the availability of witnesses? If yes, give details.
16. What admissions of fact are sought by the prosecution? Is the accused prepared to make any of the admissions sought?
17. What admissions of fact are sought by the accused? Is the prosecution prepared to make any of the admissions sought?
18. Are there any difficulties relating to photographs or plans and formal proof of them?
19. Is an order sought for the inspection of prosecution exhibits or other evidentiary material in the possession of the prosecution as to which a question may arise in the course of the trial?
20. Is an order sought for the discovery, inspection, preservation or detention of a document or thing relating to the trial?
21. Is an order sought for the production before the Court of a document, tape recording or thing relating to the trial?
22. Does a party propose to deliver to the other party a notice to admit in respect of anything not covered by the answers to question No. 16 or 17?
23. What arrangements have been made for the accused or his or her legal representative to view a video recording or to hear a tape recording in the custody of the prosecution and to be provided with a copy and a transcript of it?
24. Does a party intend to apply for a view and, if so, where and at what stage of the trial?
25. Have the parties agreed that copies of exhibits or of preliminary exhibits are to be supplied to the jury?
26. Will an interpreter be required during the trial? If so, what language is to be interpreted? Has the name of the interpreter and his or her qualifications been provided to the other party?
27. Is it proposed that a witness be declared a vulnerable witness? If so, what orders are proposed under s 21A of the Evidence Act?
28. Is it proposed that a witness give evidence by video-conferencing link?
29. Is it proposed to call as a witness a person who wishes to take an oath in accordance with a special requirement (e.g. a religious requirement)? If so, what is the requirement?
30. Is it proposed to call as a witness a person who, because of an incapacity to take an oath or affirmation, is required to give evidence in accordance with section 25A of the Oaths Act? If so, has the identity of this witness been disclosed to the other party?
31. Does the prosecution intend to elect under section 21B(2)(a) of the Evidence Act for evidence in chief of a witness to be pre-recorded and given by video-tape or other audio-visual means?
32. Does the prosecution intend to elect under section 21B(2)(b) of the Evidence Act for the whole of the evidence of a witness to be given by video-tape or other audio-visual means at a special hearing of the Court in accordance with section 21B(4)(a) of that Act?
33. Does the prosecution intend to apply to the Court to admit evidence of a statement to another person as evidence of the facts in issue under section 26E(1) of the Evidence Act?
34. Are there any other significant matters that might affect the proper and convenient trial of the issues?
__________
Notes
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Refer Volume 1 of Laws of the Northern Territory 1987
Notified
-
Commenced
1 November 1987 (r 2)
Supreme Court (Probate and Administration) Rules (SL No. 44, 1987)
Notified
29 October 1987
Commenced
1 November 1987 (r 2)
Amendments of the Supreme Court Rules (SL No. 1, 1988)
Notified
27 January 1988
Commenced
1 February 1988 (r 1)
Amendments of the Supreme Court Rules (SL No. 34, 1988)
Notified
1 July 1988
Commenced
1 July 1988
Amendments of the Supreme Court Rules (SL No. 35, 1988)
Notified
3 August 1988
Commenced
3 August 1988
Amendments of the Supreme Court Rules (SL No. 56, 1988)
Notified
30 December 1988
Commenced
1 January 1989 (r 1)
Amendments of the Supreme Court Rules (SL No. 4, 1990)
Notified
14 March 1990
Commenced
14 March 1990
Amendments of the Supreme Court Rules (SL No. 20, 1990)
Notified
15 August 1990
Commenced
1 July 1990 (r 1)
Amendments of the Supreme Court Rules (SL No. 40, 1990)
Notified
4 October 1990
Commenced
1 October 1990 (r 1)
Amendments of the Supreme Court Rules (SL No. 71, 1991)
Notified
16 December 1991
Commenced
16 December 1991
Amendments of Supreme Court Rules (SL No. 74, 1992)
Notified
13 January 1993
Commenced
13 January 1993
Amendments of the Supreme Court Rules (SL No. 23, 1993)
Notified
8 September 1993
Commenced
8 September 1993
Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)
Assent date
31 December 1993
Commenced
1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994)
Amendments of Supreme Court Rules (SL No. 21, 1994)
Notified
13 July 1994
Commenced
13 July 1994
Amendment of Supreme Court Rules (SL No. 27, 1996)
Notified
1 July 1996
Commenced
1 July 1996
Births, Deaths and Marriages Registration (Consequential Amendments) Act 1996 (Act No. 27, 1996)
Assent date
28 June 1996
Commenced
1 January 1997 (s 2, s 2 Births, Deaths and Marriages Registration Act 1996 (Act No. 26, 1996) and Gaz G49, 4 December 1996, p 5)
Amendments of Supreme Court Rules (SL No. 11, 1998)
Notified
1 June 1998
Commenced
1 June 1998
Amendments of Supreme Court Rules (SL No. 21, 2000)
Notified
2 May 2000
Commenced
2 May 2000
Amendments of Supreme Court Rules (SL No. 22, 2000)
Notified
2 May 2000
Commenced
2 May 2000
Amendments of Supreme Court Rules (SL No. 50, 2000)
Notified
18 October 2000
Commenced
18 October 2000
Amendments of Supreme Court Rules (SL No. 52, 2000)
Notified
8 November 2000
Commenced
8 November 2000
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date
12 September 2000
Commenced
1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2)
Amendment to the Supreme Court Rules 2001 (SL No. 2, 2001)
Notified
28 February 2001
Commenced
28 February 2001
Statute Law Revision Act 2001 (Act No. 3, 2001)
Assent date
22 March 2001
Commenced
22 March 2001
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date
29 June 2001
Commenced
15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)
Amendment of Supreme Court Rules (SL No. 8, 2002)
Notified
24 April 2002
Commenced
24 April 2002
Amendment of Supreme Court Rules (SL No. 13, 2002)
Notified
8 May 2002
Commenced
8 May 2002
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date
13 September 2002
Commenced
30 October 2002 (Gaz G43, 30 October 2002, p 3)
Amendments of Supreme Court Rules (SL No. 61, 2002)
Notified
18 December 2002
Commenced
18 December 2002
Amendment of Supreme Court Rules (SL No. 13, 2003)
Notified
26 March 2003
Commenced
26 March 2003
Amendment of Supreme Court Rules (SL No. 34, 2003)
Notified
18 June 2003
Commenced
18 June 2003
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Assent date
7 July 2003
Commenced
7 July 2003
Amendments of the Supreme Court Rules (SL No. 47, 2003)
Notified
17 September 2003
Commenced
17 September 2003
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date
7 January 2004
Commenced
17 March 2004 (Gaz G11, 17 March 2004, p 8)
Amendments of Supreme Court Rules (SL No. 32, 2004)
Notified
22 September 2004
Commenced
22 September 2004
Supreme Court Amendment (Registration of Foreign Judgments) Rules 2005 (SL No. 14, 2005)
Notified
1 June 2005
Commenced
1 June 2005
Youth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)
Assent date
22 September 2005
Commenced
1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32, 2006) and Gaz G30, 26 July 2006, p 3)
Supreme Court Amendment (Sexual Offences Evidence) Rules 2005 (SL No. 52, 2005)
Notified
25 January 2006
Commenced
25 January 2006
Supreme Court Amendment (Subpoenas) Rules 2006 (SL No. 28, 2006)
Notified
2 August 2006
Commenced
2 August 2006
Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32, 2006)
Assent date
3 November 2006
Commenced
3 November 2006
Supreme Court Amendment (Freezing and Search) Rules 2006 (SL No. 50, 2006)
Notified
10 January 2007
Commenced
10 January 2007
Supreme Court Amendment (Subpoenas) Rules (No. 2) 2006 (SL No. 51, 2006)
Notified
10 January 2007
Commenced
10 January 2007
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date
8 March 2007
Commenced
8 March 2007
Justice Legislation Amendment Act 2007 (Act No. 5, 2007)
Assent date
24 April 2007
Commenced
s 37 (except amd of Criminal Code and Legal Profession Act 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7); rem: 24 April 2007
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date
17 May 2007
Commenced
s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Supreme Court Amendment (Proceedings Relating to Lawyers) Rules 2007 (SL No. 16, 2007)
Notified
25 July 2007
Commenced
25 July 2007
Supreme Court Amendment (Leave to Appeal) Rules 2007 (SL No. 35, 2007)
Notified
28 November 2007
Commenced
28 November 2007
Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)
Assent date
12 December 2007
Commenced
1 July 2008 (Gaz S29, 25 June 2008)
Statute Law Revision Act 2008 (Act No. 6, 2008)
Assent date
11 March 2008
Commenced
11 March 2008
Supreme Court Amendment Rules 2008 (SL No. 21, 2008)
Notified
30 July 2008
Commenced
30 July 2008
Supreme Court Amendment (Expert Witnesses) Rules 2008 (SL No. 33, 2008)
Notified
26 November 2008
Commenced
26 November 2008
3 LIST OF AMENDMENTS
r 1.01A ins No. 21, 2000, r 2
r 1.02 amd No. 35, 1988, r 1
r 1.08 amd No. 44, 1987, r 4
r 1.08A ins No. 27, 1996
rep No. 21, 2000, r 3
r 1.09 amd No. 35, 1988, r 2; No. 74, 1992, r 21; No. 23, 1993, r 1; No. 52, 2000, r 2; No. 34, 2003, r 2; Act No. 7, 2007, s 16
ch 1
od 1
pt 2A hdg ins No. 52, 2000, r 3
r 1.09A ins No. 52, 2000, r 3
r 1.15 ins No. 35, 1988, r 3
r 3.04 amd No. 40, 1990, r 2
r 3.07 sub No. 52, 2000, r 4
r 4.03 amd No. 35, 1988, r 4
r 5.11 amd No. 35, 1988, r 5
r 5.12 amd No. 35, 1988, r 6
r 6.001 ins No. 4, 1990, r 1
amd No. 74, 1992, r 21; No. 23, 1993, r 2; Act No. 17, 2001, s 22
r 6.04 amd No. 35, 1988, r 7
r 6.06 amd No. 35, 1988, r 8; No. 4, 1990, r 2; No. 74, 1992, r 21; No. 23, 1993, r 3; Act No. 17, 2001, s 22; No. 34, 2003, r 3
r 6.11 amd No. 35, 1988, r 9
r 6.16 sub No. 35, 1988, r 10
od 7 hdg amd No. 11, 1998, r 18
od 7
pt 1 hdg amd No. 11, 1998, r 18
r 7.01 amd No. 11, 1998, r 18
r 7.02 amd No. 74, 1992, r 21; No. 11, 1998, r 18
rr 7.03 - 7.05 amd No. 11, 1998, r 18
r 7.06 amd No. 11, 1998, r 18; No. 47, 2003, r 1
rr 7.07 - 7.08 amd No. 11, 1998, r 18
r 7.10 amd No. 74, 1992, r 21
r 7.12 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 7.15 amd No. 74, 1992, r 21
r 8.05 amd No. 35, 1988, r 44
r 9.11 amd No. 71, 1991, r 8
r 10.01 amd No. 71, 1991, r 8
r 11.05 amd No. 4, 1990, r 3
r 11.07 amd No. 71, 1991, r 1
r 11.15 amd No. 35, 1988, r 44
r 13.01 sub No. 35, 1988, r 11
r 13.09 amd No. 35, 1988, r 44
r 13.12 amd No. 35, 1988, r 12
r 15.08 amd No. 35, 1988, r 13
r 16.02 amd No. 35, 1988, r 44
r 17.11 amd No. 11, 1998, r 2
r 20.04 amd No. 35, 1988, r 14
r 20.05 amd No. 35, 1988, r 15
r 21.01 amd No. 35, 1988, r 16
r 21.03 amd No. 35, 1988, r 17; No. 71, 1991, r 8; No. 74, 1992, r 1
r 22.03 amd No. 35, 1988, r 18
r 22.12 amd No. 35, 1988, r 19
r 24.01 sub No. 11, 1998, r 3
r 24.05 sub No. 71, 1991, r 2
r 25.02 amd No. 35, 1988, r 44
r 26.02 amd No. 35, 1988, r 20
r 26.03 sub No. 35, 1988, r 21
r 26.03.1 ins No. 35, 1988, r 21
r 26.08 amd No. 74, 1992, r 2
r 26.23 amd No. 4, 1990, r 4
r 27.02 amd No. 35, 1988, r 22; No. 4, 1990, r 5
r 27.03 amd No. 34, 2003, r 4
r 27.05 amd No. 4, 1990, r 6
r 28.01 amd No. 74, 1992, r 21
r 28.03 amd No. 23, 1993, r 7
rr 28.04 -
28.05 amd No. 74, 1992, r 21
r 29.02 sub No. 52, 2000, r 5
r 29.04 amd No. 35, 1988, r 44
r 29.08 amd No. 35, 1988, r 23; No. 74, 1992, r 3
r 29.09 amd No. 4, 1990, r 7
r 29.14 amd No. 35, 1988, r 24
r 29.16 ins No. 61, 2002, r 2
r 30.02 sub No. 11, 1998, r 4
r 30.07 amd No. 23, 1993, r 4
od 31 hdg sub No. 52, 2000, r 6
rr 31.01 -
31.12 sub No. 52, 2000, r 6
rr 31.13 -
31.14 rep No. 52, 2000, r 6
r 33.03 amd No. 61, 2002, r 3
r 33.06 sub No. 61, 2002, r 4
r 33.07 amd No. 61, 2002, r 5
r 33.08 amd No. 74, 1992, r 4; No. 11, 1998, r 5
r 33.10 sub No. 35, 1988, r 25
r 33.11 sub No. 74, 1992, r 5
r 33.12 ins No. 74, 1992, r 5
r 33.13 ins No. 61, 2002, r 6
r 36.01 amd No. 35, 1988, r 44
r 36.05 amd No. 74, 1992, r 21
od 37A hdg ins No. 50, 2006, r 3
rr 37A.01 -
37A.08 ins No. 50, 2006, r 3
od 37B hdg ins No. 50, 2006, r 3
rr 37B.01 -
37B.07 ins No. 50, 2006, r 3
r 39.01 amd Act No. 38, 2002, s 7
r 39.05 amd Act No. 38, 2002, s 7
r 40.14 ins No. 21, 2008, r 3
r 41.08 amd No. 74, 1992, r 21; No. 34, 2003, r 5
r 41.10 amd No. 35, 1988, r 44
r 41.13 amd No. 74, 1992, r 21
r 41.15 amd No. 74, 1992, r 21
r 41.16 amd No. 74, 1992, r 21; No. 23, 1993, r 7; No. 11, 1998, r 18
r 42.01 sub No. 28, 2006, r 3
amd Act No. 32, 2006, s 21
r 42.02 sub No. 28, 2006, r 3
r 42.03 sub No. 28, 2006, r 3
amd No. 51, 2006, r 3
rr 42.04 -
42.05 sub No. 28, 2006, r 3
r 42.06 amd No. 74, 1992, r 21; No. 11, 1998, r 18
sub No. 28, 2006, r 3
amd Act No. 32, 2006, s 22
rr 42.07 -
42.08 sub No. 28, 2006, r 3
r 42.09 amd No. 74, 1992, r 21
sub No. 28, 2006, r 3
r 42.10 sub No. 28, 2006, r 3
amd No. 51, 2006, r 4
r 42.11 ins No. 28, 2006, r 3
amd Act No. 32, 2006, s 23
rr 42.12 -
42.13 ins No. 28, 2006, r 3
r 43.06 amd No. 11, 1998, r 6
r 43.10 amd No. 11, 1998, r 7
r 44.01 amd No. 35, 1988, r 44; No. 74, 1992, r 6
r 44.02 amd No. 74, 1992, r 7; No. 33, 2008, r 3
r 44.03 amd No. 74, 1992, r 8; No. 21, 1994, r 1
r 44.05 ins No. 33, 2008, r 4
r 45.05 amd No. 35, 1988, r 44; No. 74, 1992, r 9
r 46.04 amd No. 74, 1992, r 21
r 46.05 amd No. 35, 1988, r 26
r 46.05.1 ins No. 35, 1988, r 27
amd No. 74, 1992, r 21
r 46.06 amd No. 74, 1992, r 21
r 46.08 amd No. 35, 1988, r 28
od 48 hdg sub No. 20, 1990, r 2; No. 21, 1994, r 2; No. 52, 2000, r 7
od 48
pt 1 hdg ins No. 20, 1990, r 2
sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.01 amd No. 35, 1988, r 44; No. 74, 1992, r 21
sub No. 21, 1994, r 2; No. 52, 2000, r 7
rr 48.02 -
48.03 sub No. 21, 1994, r 2; No. 52, 2000, r 7
od 48
pt 2 hdg ins No. 20, 1990, r 3
sub No. 21, 1994, r 2; No. 52, 2000, r 7
rr 48.04 -
48.05 sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.06 sub No. 21, 1994, r 2; No. 52, 2000, r 7
amd No. 21, 2008, r 4
rr 48.07 -
48.14 sub No. 21, 1994, r 2; No. 52, 2000, r 7
od 48
pt 3 hdg ins No. 21, 1994, r 2
sub No. 52, 2000, r 7
r 48.15 sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.16 amd No. 74, 1992, rr 10 and 21
sub No. 21, 1994, r 2; No. 52, 2000, r 7
rr 48.17 -
48.18 sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.19 ins No. 20, 1990, r 3
sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.20 ins No. 20, 1990, r 3
amd No. 74, 1992, r 21
sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.21 ins No. 20, 1990, r 3
sub No. 21, 1994, r 2; No. 52, 2000, r 7
r 48.22 ins No. 20, 1990, r 3
amd No. 74, 1992, r 11
sub No. 21, 1994, r 2; No. 52, 2000, r 7
od 48
pt 4 hdg ins No. 21, 1994, r 2
sub No. 52, 2000, r 7
rr 48.23 -
48.24 ins No. 20, 1990, r 3
sub No. 21, 1994, r 2; No. 52, 2000, r 7
od 48
pt 5 hdg ins No. 52, 2000, r 7
rr 48.25 -
48.28 ins No. 20, 1990, r 3
sub No. 21, 1994, r 2; No. 52, 2000, r 7
rr 48.29 -
48.32 ins No. 20, 1990, r 3
sub No. 21, 1994, r 2
rep No. 52, 2000, r 7
r 48.33 ins No. 20, 1990, r 3
amd No. 74, 1992, rr 12 and 21
sub No. 21, 1994, r 2
rep No. 52, 2000, r 7
r 48.34 ins No. 74, 1992, r 13
sub No. 21, 1994, r 2
rep No. 52, 2000, r 7
rr 48.35 -
48.38 ins No. 21, 1994, r 2
rep No. 52, 2000, r 7
r 49.01 amd No. 74, 1992, r 21
r 49.02 amd No. 74, 1992, r 14
r 50.04 rep No. 11, 1998, r 8
r 51.01 amd No. 74, 1992, r 15
r 51.03 amd No. 35, 1988, r 44
r 52.02 amd No. 35, 1988, r 44
r 53.01 sub No. 35, 1988, r 29
r 54.05 renum No. 35, 1988, r 44
r 57.03 amd No. 35, 1988, r 44
r 57.06 amd No. 35, 1988, r 44
od 58 hdg rep No. 21, 1994, r 3
r 58.01 amd No. 74, 1992, r 21
rep No. 21, 1994, r 3
r 58.02 amd No. 71, 1991, r 8
rep No. 21, 1994, r 3
rr 58.03 -
58.04 amd No. 74, 1992, r 21
rep No. 21, 1994, r 3
rr 58.05 -
58.11 rep No. 21, 1994, r 3
r 59.02 amd No. 61, 2002, r 7
r 59.06 ins No. 61, 2002, r 8
r 60.01 amd No. 35, 1988, r 30
rr 60.02 -
60.03 amd No. 74, 1992, r 21
r 60.05 amd Act No. 3, 2001, s 9
rr 60.06 -
60.07 amd No. 74, 1992, r 21
r 62.02 amd No. 35, 1988, r 44; No. 23, 1993, r 5; Act No. 17, 2001, s 22
od 63 hdg ins No. 1, 1988, r 4
od 63
pt 1 hdg ins No. 1, 1988, r 4
r 63.01 ins No. 1, 1988, r 4
amd No. 71, 1991, r 8
r 63.02 ins No. 1, 1988, r 4
amd No. 35, 1988, r 31
rr 63.03 -
63.11 ins No. 1, 1988, r 4
r 63.12 ins No. 1, 1988, r 4
amd No. 71, 1991, r 3
r 63.13 ins No. 1, 1988, r 4
od 63
pt 2 hdg ins No. 1, 1988, r 4
rr 63.14 -
63.23 ins No. 1, 1988, r 4
od 63
pt 3 hdg ins No. 1, 1988, r 4
rr 63.24 -
63.30 ins No. 1, 1988, r 4
r 63.31 ins No. 1, 1988, r 4
amd No. 71, 1991, r 8
r 63.32 ins No. 1, 1988, r 4
od 63
pt 4 hdg ins No. 1, 1988, r 4
rr 63.33 -
63.34 ins No. 1, 1988, r 4
od 63
pt 5 hdg ins No. 1, 1988, r 4
rr 63.35 -
63.39 ins No. 1, 1988, r 4
r 63.40 ins No. 1, 1988, r 4
amd No. 4, 1990, r 8; No. 74, 1992, r 21; No. 23, 1993, r 6; No. 21, 2008, r 5
rr 63.41 -
63.54 ins No. 1, 1988, r 4
r 63.55 ins No. 1, 1988, r 4
amd No. 35, 1988, r 32
od 63
pt 6 hdg ins No. 1, 1988, r 4
r 63.56 amd Act No. 7, 2007, s 16
rr 63.57 -
63.60 ins No. 1, 1988, r 4
r 63.60.1 ins No. 4, 1990, r 9
rr 63.61 -
63.64 ins No. 1, 1988, r 4
od 63
pt 7 hdg ins No. 1, 1988, r 4
rr 63.65 -
63.71 ins No. 1, 1988, r 4
r 63.72 ins No. 1, 1988, r 4
amd No. 11, 1998, r 9
r 63.73 ins No. 1, 1988, r 4
r 63.74 ins No. 1, 1988, r 4
amd No. 35, 1988, r 44; No. 11, 1998, r 10
app
od 63 hdg ins No. 1, 1988, r 4
amd No. 35, 1988, r 33; No. 4, 1990, r 10; No. 40, 1990, r 3; No. 34, 2003, r 6; No. 21, 2008, r 6
r 64.12 amd No. 74, 1992, r 21
r 65.01 sub No. 16, 2007, r 3
r 65.02 amd No. 16, 2007, r 4
r 65.04 amd No. 74, 1992, r 21; No. 16, 2007, r 5
r 66.01 amd No. 35, 1988, r 34; No. 74, 1992, r 21
r 66.02 amd No. 74, 1992, r 21
r 66.10 amd No. 35, 1988, r 35
r 67.04 amd No. 35, 1988, r 36
r 67.05 amd No. 35, 1988, r 37
r 68.04 amd No. 74, 1992, r 21
r 68.08 amd No. 35, 1988, r 38
r 69.07 amd Act No. 45, 2000, s 13
r 71.03 amd Act No. 38, 2002, s 7
r 72.04 amd Act No. 1, 2004, s 63
r 72.11 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 72.14 amd No. 74, 1992, r 21
r 73.01 amd Act No. 3, 2001, s 9
r 73.11 amd No. 74, 1992, r 21
r 75.07 amd No. 74, 1992, r 21; No. 11, 1998, r 18
r 75.08 sub No. 35, 1988, r 39
r 77.01 amd No. 4, 1990, r 11; No. 71, 1991, r 4; No. 74, 1992, r 16; Act No. 27, 1996, s 7(2); No. 11, 1998, r 11; No. 50, 2000, r 2; Act No. 38, 2002, s 7; No. 16, 2007, r 6; No. 35, 2007, r 3
r 77.02 amd No. 35, 1988, r 44; No. 74, 1992, r 17; No. 50, 2000, r 3; No. 61, 2002, r 9; No. 35, 2007, r 4
r 77.04 amd No. 40, 1990, r 4
r 77.05 amd No. 74, 1992, r 18
sub No. 50, 2000, r 4
rep No. 35, 2007, r 5
r 77.06 rep No. 74, 1992, r 19
r 78.01 amd No. 71, 1991, r 8
r 78.07 amd No. 35, 1988, r 44; No. 50, 2000, r 5
r 79.02 amd Act No. 38, 2002, s 7
r 79.07.1 ins No. 40, 1990, r 5
amd No. 11, 1998, r 12; Act No. 4, 2007, s 7
r 79.08 amd No. 35, 1988, r 44
r 80.02 amd No. 74, 1992, r 21
r 80.03 amd No. 35, 1988, r 44; No. 74, 1992, r 21
r 80.05 amd No. 74, 1992, r 21
r 81.03 amd No. 35, 1988, r 44
rr 81.05 -
81.06 amd No. 74, 1992, r 21
ch 1A hdg ins No. 21, 2000, r 4
ch 1A
od 81A hdg ins No. 21, 2000, r 4
od 81A
pt 1 hdg ins No. 21, 2000, r 4
rr 81A.01 -
r 81A.05 ins No. 21, 2000, r 4
od 81A
pt 2 hdg ins No. 21, 2000, r 4
rr 81A.06 -
81A.10 ins No. 21, 2000, r 4
od 81A
pt 3 hdg ins No. 21, 2000, r 4
r 81A.11 ins No. 21, 2000, r 4
amd Act No. 6, 2008, s 4
rr 81A.12 -
81A.13 ins No. 21, 2000, r 4
rep No. 13, 2002, r 2
od 81A
pt 4 hdg ins No. 21, 2000, r 4
rr 81A.14 -
81A.19 ins No. 21, 2000, r 4
od 81A
pt 5 hdg ins No. 21, 2000, r 4
rr 81A.20 -
81A.24 ins No. 21, 2000, r 4
od 81A
pt 6 hdg ins No. 21, 2000, r 4
rr 81A.25 -
81A.27 ins No. 21, 2000, r 4
od 81A
pt 6A hdg ins No. 52, 2005, r 3
rr 81A.27A -
81A.27J ins No. 52, 2005, r 3
od 81A
pt 7 hdg ins No. 21, 2000, r 4
rr 81A.28 -
81A.30 ins No. 21, 2000, r 4
od 81A
pt 8 hdg ins No. 21, 2000, r 4
r 81A.31 ins No. 21, 2000, r 4
r 81A.32 ins No. 21, 2000, r 4
sub No. 21, 2008, r 7
rr 81A.33 -
81A.38 ins No. 21, 2000, r 4
od 81A
pt 9 hdg ins No. 21, 2000, r 4
r 81A.39 ins No. 21, 2000, r 4
amd Act No. 5, 2007, s 37
od 81A
pt 10 hdg ins No. 21, 2000, r 4
r 81A.40 ins No. 21, 2000, r 4
r 81A.41 ins No. 21, 2000, r 4
amd Act No. 33, 2005, s 5; Act No. 6, 2008, s 4
r 82.01 amd No. 71, 1991, r 8; No. 74, 1992, r 20
r 82.04 amd No. 35, 1988, r 40
r 83.01 amd No. 21, 1994, r 4; Act No. 33, 2005, s 5
r 83.04 sub No. 50, 2000, r 6
r 83.05 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 83.13 amd No. 11, 1998, r 18
rr 83.17 -
83.18 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 83.23 amd No. 50, 2000, r 7
r 84.06 amd No. 71, 1991, r 8; No. 74, 1992, r 21
rr 84.08 -
84.11 amd No. 74, 1992, r 21
r 84.13 amd No. 74, 1992, r 21
r 84.17 sub No. 32, 2004, r 1; No. 35, 2007, r 6
r 84.18 amd No. 32, 2004, r 2
r 84.19 amd No. 32, 2004, r 3
r 84.21 rep No. 32, 2004, r 4
rr 84.23 -
84.24 amd No. 74, 1992, r 21
r 84.26 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 85.01 amd No. 61, 2002, r 10
od 85
pt 2 hdg sub No. 35, 2007, r 7
r 85.02 amd No. 61, 2002, r 11
sub No. 35, 2007, r 7
r 85.03 amd No. 61, 2002, r 12
sub No. 35, 2007, r 7
r 85.04 amd No. 35, 1988, r 44
sub No. 35, 2007, r 7
r 85.05 sub No. 35, 2007, r 7
r 85.06 sub No. 35, 2007, r 7
r 85.07 amd No. 74, 1992, r 21; No. 23, 1993, r 7
sub No. 35, 2007, r 7
r 85.07A ins No. 35, 2007, r 7
r 85.12 amd No. 61, 2002, r 13
rr 85.14 -
85.15 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 85.17 amd No. 74, 1992, r 21; No. 23, 1993, r 7
r 86.01 amd No. 22, 2000, r 2
r 86.01.1 ins No. 71, 1991, r 5
r 86.03 amd Act No. 44, 2003, s 6
rr 86.06 -
86.07 rep No. 21, 2000, r 5
r 86.09 sub No. 21, 2000, r 6
rep No. 21, 2008, r 8
rr 86.09A -
86.09B ins No. 21, 2000, r 6
od 86
pt 3 hdg sub No. 22, 2000, r 3
rr 86.10 -
86.14 sub No. 22, 2000, r 3
rr 86.14A -
86.14E ins No. 22, 2000, r 3
r 86.19 rep No. 22, 2000, r 3
r 86.21A ins No. 21, 2000, r 7
rep No. 13, 2002, r 2
r 86.21B ins No. 21, 2000, r 7
amd No. 22, 2000, r 5
r 86.23 amd No. 22, 2000, r 6
r 86.24 rep No. 21, 2008, r 8
r 86.30 amd No. 35, 1988, r 41
r 87.01 amd No. 74, 1992, r 21; Act No. 30, 2007, s 59
r 87.02 amd No. 74, 1992, r 21
r 87.03 amd No. 35, 1988, r 44; No. 74, 1992, r 21
r 87.04 amd No. 4, 1990, r 12; No. 74, 1992, r 21
r 87.09A ins No. 11, 1998, r 13
ch 3 hdg ins No. 44, 1987, r 4
r 88.01.1 ins No. 4, 1990, r 13
amd No. 8, 2002, r 2
r 88.02 amd No. 8, 2002, r 3
r 88.04 amd No. 71, 1991, r 8
r 88.05 amd No. 4, 1990, r 14; No. 8, 2002, r 4
od 88
pt 2A hdg ins No. 8, 2002, r 5
rr 88.05A -
88.05D ins No. 8, 2002, r 5
r 88.07 amd No. 71, 1991, r 8
r 88.23 amd No. 11, 1998, r 14; No. 8, 2002, r 6
r 88.24 amd No. 11, 1998, r 15; No. 8, 2002, r 7; Act No. 1, 2004, s 63
r 88.26 amd No. 4, 1990, r 15; No. 8, 2002, r 8
r 88.32 amd Act No. 1, 2004, s 63
r 88.33 amd No. 35, 1988, r 42; No. 71, 1991, r 8
r 88.56 amd No. 35, 1988, r 44
r 88.64 amd No. 71, 1991, r 8
rr 88.72 -
88.73 rep No. 11, 1998, r 16
r 88.77 amd No. 71, 1991, r 8
r 88.78 amd No. 4, 1990, r 16; No. 11, 1998, r 18
r 88.90 amd No. 4, 1990, r 17
ch 4 hdg ins No. 34, 1988, r 2
ch 4
od 89 hdg ins No. 34, 1988, r 2
rr 89.01 -
89.07 ins No. 34, 1988, r 2
r 89.08 ins No. 34, 1988, r 2
amd No. 74, 1992, r 21
rr 89.09 -
89.11 ins No. 34, 1988, r 2
ch 5 hdg ins No. 56, 1988, r 2
ch 5
od 90 hdg ins No. 56, 1988, r 2
rr 90.01 -
90.03 ins No. 56, 1988, r 2
r 90.04 ins No. 56, 1988, r 2
amd No. 11, 1998, r 17; Act No. 38, 2002, s 7
ch 6 hdg ins No. 71, 1991, r 6
ch 6
od 91 hdg ins No. 71, 1991, r 6
rr 91.01 -
91.14 ins No. 71, 1991, r 6
r 91.15 ins No. 71, 1991, r 6
amd Act No. 3, 2001, s 9
rr 91.16 -
91.17 ins No. 71, 1991, r 6
ch 7 hdg ins No. 71, 1991, r 6
sub No. 47, 2003, r 2
ch 7
od 92 hdg ins No. 71, 1991, r 6
sub No. 47, 2003, r 2
r 92.01 sub No. 47, 2003, r 2
rr 92.02 -
92.08 ins No. 71, 1991, r 6
sub No. 47, 2003, r 2
rr 92.09 -
92.15 ins No. 47, 2003, r 2
ch 8 hdg ins No. 13, 2002, r 3
r 93.01 ins No. 13, 2002, r 3
r 93.02 ins No. 13, 2002, r 3
amd No. 13, 2003
r 93.03 ins No. 13, 2002, r 3
ch 9 hdg ins No. 14, 2005, r 3
rr 94.01 -
94.12 ins No. 14, 2005, r 3
ch 10 hdg ins No. 16, 2007, r 7
r 95.01 ins No. 16, 2007, r 7
ch 11 hdg ins No. 21, 2008, r 9
rr 96.01 -
96.02 ins No. 21, 2008, r 9
sch 1 hdg ins No. 28, 2006, r 4
f 5A amd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 74, 1992, r 21; No. 11, 1998, r 18
f 5B amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 11, 1998, r 18
f 5C amd No. 74, 1992, r 21
f 5D amd No. 35, 1988, r 43; No. 74, 1992, r 21
f 5E amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 11, 1998, r 18
f 7A amd No. 74, 1992, r 21
f 10A amd No. 35, 1988, r 43; No. 11, 1998, r 18
f 11A amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 11, 1998, r 18
f 15A amdy No. 74, 1992, r 21; No. 11, 1998, r 18
f 15B amd No. 35, 1988, r 43; No. 11, 1998, r 18
f 19A amd No. 74, 1992, r 21
f 29B amd No. 35, 1988, r 43
f 41B amd No. 74, 1992, r 21; No. 11, 1998, r 18
f 42A amd No. 74, 1992, r 21; No. 11, 1998, r 18
sub No. 28, 2006, r 5
amd Act No. 32, 2006, s 24
f 42B amd No. 74, 1992, r 21; No. 11, 1998, r 18
om No. 28, 2006, r 5
f 42C amd No. 74, 1992, r 21; No. 11, 1998, r 18
om No. 28, 2006, r 5
f 42D amd No. 74, 1992, r 21; No. 11, 1998, r 18
om No. 28, 2006, r 5
f 45A amd No. 35, 1988, r 43; No. 11, 1998, r 18
f 46A amd No. 74, 1992, r 21; No. 11, 1998, r 18
f 48A amd No. 35, 1988, r 43
om No. 11, 1998, r 18
f 48B amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 53B amd No. 35, 1988, r 43; No. 23, 1993, r 7
f 57A amd No. 11, 1998, r 18
f 60A amd No. 4, 1990, r 18; No. 74, 1992, r 21
f 60B amd No. 74, 1992, r 21
f 60C amd No. 35, 1988, r 43; No. 74, 1992, r 21
ff 60D - 60H amd No. 74, 1992, r 21
f 60J sub No. 35, 1988, r 43
amd No. 74, 1992, r 21
ff 60K - 60L amd No. 74, 1992, r 21
f 63A ins No. 1, 1988, r 5
amd No. 35, 1988, r 43; No. 11, 1998, r 18
ff 68A - 68C amd No. 74, 1992, r 21; No. 11, 1998, r 18
f 71B amd No. 74, 1992, r 21; No. 11, 1998, r 18
f 71C amd No. 74, 1992, r 21
f 72C amd Act No. 84, 1993, s 6(2); Act No. 38, 2002, s 7
f 72F amd No. 11, 1998, r 18
f 72H amd No. 35, 1988, r 43
ff 72J - 72L amd No. 74, 1992, r 21
f 77A om No. 74, 1992, r 21
ff 81A-A -
81A-B ins No. 21, 2000, r 8
sub No. 35, 2007, r 8
ff 81A-C -
81A-D ins No. 21, 2000, r 8
rep No. 13, 2002, r 4
f 81A-E ins No. 21, 2000, r 8
sub No. 35, 2007, r 8
ff 81A-F -
81A-K ins No. 21, 2000, r 8
f 81A-L ins No. 21, 2000, r 8
amd Act No. 6, 2008, s 4
ff 81A-M -
81A-ZC ins No. 21, 2000, r 8
f 81A-ZD ins No. 21, 2000, r 8
amd No. 2, 2001
f 81A-ZE ins No. 21, 2000, r 8
f 83A amd No. 35, 1988, r 43
f 83C amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 84A amd No. 35, 1988, r 43
f 84B amd No. 35, 1988, r 43; No. 11, 1998, r 18
f 84D amd No. 35, 1988, r 43; No. 74, 1992, r 21
f 85A amd No. 35, 2007, r 8
f 85B amd No. 11, 1998, r 18; No. 35, 2007, r 8
f 85C amd No. 11, 1998, r 18; No. 61, 2002, r 14; No. 35, 2007, r 8
f 85D ins No. 35, 2007, r 8
ff 86A - 86C amd No. 11, 1998, r 18
f 86F om No. 21, 2000, r 8
f 86G - 86H amd No. 11, 1998, r 18
f 86HA ins No. 22, 2000, r 7
f 86J amd No. 11, 1998, r 18
f 86L amd No. 4, 1990, r 18
f 86S amd No. 35, 1988, r 43; No. 4, 1990, r 18
ff 86T - 86U amd No. 35, 1988, r 43
f 86V amd No. 35, 1988, r 43; No. 34, 2003, r 7
f 87A ins No. 4, 1990, r 18
amd Act No. 30, 2007, s 59
f 88A ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 88B ins No. 44, 1987, r 4
amd No. 35, 1988, r 43
ff 88C - 88E ins No. 44, 1987, r 4
f 88F ins No. 44, 1987, r 4
amd No. 4, 1990, r 18; No. 8, 2002, r 9
f 88G ins No. 44, 1987, r 4
amd No. 4, 1990, r 18
f 88H ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 88I ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 11, 1998, r 18; No. 8, 2002, r 10
f 88J ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 11, 1998, r 18
f 88K ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 88L ins No. 44, 1987, r 4
f 88M ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 88N ins No. 44, 1987, r 4
amd No. 11, 1998, r 18
ff 88P - 88Q ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18
f 88R ins No. 44, 1987, r 4
amd No. 35, 1988, r 43
f 88S ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 11, 1998, r 18
f 88T ins No. 44, 1987, r 4
amd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 11, 1998, r 18; Act No. 38, 2002, s 7
f 88U ins No. 44, 1987, r 4
amd No. 35, 1988, r 43
f 88V ins No. 44, 1987, r 4
f 88W ins No. 44, 1987, r 4
amd No. 4, 1990, r 18
ff 88X - 88Y ins No. 44, 1987, r 4
amd No. 35, 1988, r 43
ff 88Z - 88ZC ins No. 44, 1987, r 4
f 88ZD ins No. 44, 1987, r 4
amd No. 35, 1988, r 43
ff 88ZE -
88ZF ins No. 44, 1987, r 4
ff 92A - 92C ins No. 71, 1991, r 7
sub No. 47, 2003, r 3
f 93A ins No. 13, 2002, r 5
amd No. 61, 2002, r 15
sch 2 ins No. 21, 2000, r 9
amd Act No. 44, 2003, s 6; No. 52, 2005, r 4