SUPREME COURT RULES 2000

- (S.R. 2000, NO. 8)

Table of Provisions

Long Title

PART 1 - Preliminary

1 Short title

2 Commencement

PART 2 - Application, Interpretation and Preliminary Matters Division

1 - Preliminary

3 Application of these rules

3A Admiralty jurisdiction

4 Special provisions made by other rules

5 Interpretation

5A Prescribed rates of interest for administration proceedings,

6 Notices

7 Forms

8 Section 8

9 Court acting on own motion or on application

10 Directions as to proper procedure

11 Corporations to act by practitioner

12 Acting by practitioner

Division 2 - Failure to comply with the rules

13 Setting aside for irregularity

14 Application to set aside for irregularity

15 Wrong originating process

PART 3 - Seals, Registries and Sheriff Division 1 - Seals and

Registries

16 Seal of the Court

17 Office seals

18 Affixing of seal

19 Court holidays

20 Office hours

21 Management of Principal Registry

22 Authority of district registrar

23 Proceedings in district registries

24 Management of district registries

25 Officers subject to order or direction of Court

26 Custody of documents

27 Documents required for hearing

28 Transmission of documents between registries

29 Removal of documents from registry

30 Power of clerks

31 Prepayment of fees

32 Indexes of judgments, orders and files

33 Searches

34 Filing of certificates

34A Certificate of finalisation

35 Office copies

36 Documents deposited or left in registry

37 Attendance away from place of discharge of duties

38 Directions to registrar

39 Rules of Court

Division 2 - Sheriff

40 Attendance of Sheriff in Court

41 Documents to be left with Sheriff with written instructions

42 Verification of service or execution

43 Returns

44 Return that person not found

45 Return of writ

PART 4 - Time

46 Calculation of periods of sittings

47 Computation of number of days

48 Vacation excluded for certain purposes

49 Service

50 Exclusion of certain days

51 Expiry of period on closed day

52 Extension or abridgment of period

53 Extension of period by consent

54 Fixing of period

55 Notice after delay of one year

56 Notice after delay of 6 years

PART 5 - Jurisdiction as to costs

57 Costs in discretion of Court

58 Costs of proceedings tried before judge of an inferior court or

59 Costs of cause removed from inferior court

60 Costs due to neglect of counsel or practitioner

61 Costs due to delay or misconduct of practitioner

62 Costs of practitioner litigation guardian

62A Liability of litigation guardian for costs

63 Costs not to be out of estate

64 Costs to be out of legacy

65 Costs of incidental applications

66 Costs of application not disposed of

67 Costs reserved

68 Costs for unnecessary proceedings

69 Costs unnecessarily incurred

PART 6 - Suitors' fund

70 Interpretation of Part 6

71 Payment out of Court

72 Remission of money by Principal Registrar

73 Evidence

74 Investment of money in Court

75 Interest on money in common fund

76 Interest on money not in common fund

77 Reserve fund

PART 7 - Proceedings Division 1 - Documents

78 Requirements for documents

79 Identification of party

80 Statement of numbers

81 Copies of documents

Division 2 - Filing

82 Filing in Court act of an officer

82A Frivolous or vexatious writ, &c.

83 Lodgment for filing

84 Documents delivered to a document exchange

85 Document not having intended effect

86 Application to judge if document is returned

87 Construction of certain references

Division 2A - Emailing and filing, &c., of electronic documents

87A Limitation on electronic documents

87B Approved formats, email addresses and cover letters

87C Electronic signatures

87D Electronic office seals

87E Electronic lodgment for filing

87F Effecting electronic service

87G Affidavits

87H Original documents generally

Division 3 - Commencement of proceedings

88 Actions

89 Applications to Court

90 Applications to judge in chambers

91 Habeas corpus

92 Multiple claims

93 Certain judgments in open court

94 Directions as to matters to be dealt with in court

95 Change of course of proceedings

Division 4 - Originating process generally

96 Originating process

97 Title and heading of causes and matters

98 Appearing if served within jurisdiction

99 Appearing if served out of jurisdiction

100 Address of defendant or respondent

101 Address of plaintiff or applicant

102 Concurrent writ or originating application

103 Declaratory judgment

Division 5 - Writs

104 Form of writ

105 Issue of writ

106 Filing of writs

107 Duration of writ

Division 6 - Endorsement of claim on writ

108 Endorsements

109 Insufficient endorsement

110 Claim of general relief not necessary

111 Representative capacity

112 Claim for possession of land

113 Claim in detinue

114 Claim for account

115 Claim in defamation

116 Claim for unliquidated damages

117 Alteration of claim without amendment of writ

Division 7 - Originating applications

118 Form of originating application

119 Commencement of originating application

120 Application for attachment or to strike off

121 Notice of oral evidence

122 Service of originating application

123 Time for service

124 Amendment of notice of hearing

125 Appearance

126 Applications as to purchase money

Division 8 - Practitioners and address for service

127 Declaration of authority of originating process

128 Address for service

128A Fictitious address

129 Change of practitioner or address for service

130 Name of practitioner taken off record

131 Applications between client and practitioner

Division 9 - Service

132 Personal service

133 Originating process to be served personally

134 Service on practitioners

135 Effecting personal service

136 Service on persons under disability

137 Service on corporations

138 Service on unincorporated bodies

139 Service on agents

140 Recovery of land

141 Substituted service

142 Service of judgments and orders

143 Affidavits of service

144 Manner and time of service when not personal

145 Service of notices from Court

146 Service if no appearance or no address for service

146A Notice of serving by filing

146B Confirmation of informal service

Division 10 - Service of originating process outside Australia

146C Interpretation of Division 10

147 Application of rules

147A Service outside of Australia – when allowed without leave

147B Service outside of Australia – when allowed with leave

147C Court's discretion whether to assume jurisdiction

147D Notice to person served outside of Australia

147E Time for filing appearance

147F Leave to proceed where no appearance by person

147G Service of other documents outside of Australia

147H Mode of service

148 Lodgment of documents

149 Translations

150 Request and undertaking

151 Procedure on lodgment

152 Evidence of service

153 Order for payment of expenses of service

Division 11 - Appearance

154 Appearance generally

155 Filing of notice of appearance

156 Filing of notice of appearance in different registry

157 Duplicate notice of appearance

158 Transfers of action to other registry

159 Addresses in notice of appearance

160 No address

161 Entry in register of proceedings

162 Several defendants

163 Appearance not entered on undertaking

164 Late appearance

165 Person not named may defend for land

166 Limitation of defence in action for recovery of land

167 Setting aside service before appearance

168 Conditional appearance

Division 12 - Joinder of claims and parties and adding and deleting

parties

169 Joining causes of action

170 Claims for the recovery of land

171 Claims by trustee in bankruptcy

172 Claims by or against spouses

173 Claims by or against trustees and personal representatives

174 Joint and separate claims

175 Counterclaim in case of misjoinder

176 Joinder of defendants

177 Joining parties jointly and severally liable

178 Joining defendants in cases of doubt

179 Persons claiming jointly, severally or in the alternative may be

180 Defendant or respondent with partial interest

181 Amendment on misjoinder of parties

182 Abatement

183 Management of estate during proceeding

184 Adding or deleting parties

185 Parties altered by order on change of interest

186 Direction to serve a person not a party

187 Use of initial letters

188 Consolidation

Division 13 - Intervention by the Attorney-General

189 Intervention

190 Application for leave to intervene

191 Discharge of order

Division 14 - Counterclaims and cross-applications

192 Counterclaim and set-off

193 Cross-applications

194 Multiple counterclaims

195 Counterclaim against person not a party

196 Cross-application against person not a party

197 Procedure for counterclaim or cross-application against a person not

198 Inconvenient counterclaims and cross-applications

199 Counterclaim or cross-application if action stayed

200 Judgment for balance

Division 15 - Third and subsequent party and co-defendant procedure

201 Interpretation of Division 15 of Part 7

202 Third party notice

203 Form, issue and service of notice

204 Effect of service of third party notice

205 Appearance

206 Default by third party

207 Default by third party before trial

208 Third party directions

209 Judgment in third party proceedings

210 Fourth and subsequent parties

211 Codefendants

212 Contribution between parties

Division 16 - Interpleader

213 Interpretation of Division 16 of Part 7

214 Relief by way of interpleader

215 Application for interpleader relief

216 Stay of action

217 Matters to be proved

218 Adverse titles of claimants

219 Claimant appearing on an application

220 Claimant not appearing on the application or failing to comply with

221 Order for sale of goods seized in execution

222 Discovery, evidence and trial

223 Interpleader orders in several proceedings

224 Claim to property taken in execution

225 Application to Crown

Division 17 - Pleadings

226 Form of pleadings

227 Statements in pleadings

228 Requirement of further pleading

229 Relief claimed

230 Inconsistent pleading

231 Technical objection

232 Denial to be substantial answer

233 Pleading not to raise new ground

234 Contents of document

235 Effect of denial of contract

236 Conditions precedent

237 Allegation of implied contract or relationship

238 Allegation of malice, intent or knowledge

239 Section 239

240 Allegation of notice

241 Account stated

242 Amount of unliquidated damages

243 Denial of allegations to be pleaded

244 Plea of title unnecessary

245 No plea in abatement

246 Representative capacity and constitution of partnership to be

247 Plea not to be used

248 Demurrer not to be pleaded

249 Points of law may be raised by pleadings

250 Allegations not denied are admitted

251 Pleading to avoid surprise

252 Defence arising after action commences

253 Further particulars of pleading

253A Plaintiff to advise defendant of nature of injuries, &c.

254 Joinder of issue on particular paragraph or fact

255 Joinder of issue on part of immediately preceding pleading

256 No joinder of issue on a denial or refusal to admit

257 Default in delivering reply or subsequent pleading

258 Striking out certain matters

259 Striking out pleading

Division 18 - Building disputes

260 Application of Division 18

261 Delivery of schedule

262 Return of schedule

263 Completion of schedule

Division 18A - Defamation actions

263A Pleadings to give necessary particulars

263B Allegations in statements of claim generally

263C Defamation defences generally

263D Defence of justification

263E Defence of contextual truth

263F Defence of absolute privilege

263G Defence for publication of public documents

263H Defence of fair report of proceedings of public concern

263I Defence of qualified privilege

263J Defence of honest opinion

263K Defence of fair comment

263L Defence of innocent dissemination

263M Defence of triviality

263N Particulars concerning grounds that defeat defamation defences

Division 19 - Filing and delivery of pleadings

264 Filing and delivery of pleading

265 Delivery of statement of claim

266 Filing and delivery of defence

267 Delivery of defence to counterclaim, reply and subsequent pleadings

PART 8 - Payment into and out of court

268 Payment into Court by defendant

269 Acceptance by plaintiff of money paid into Court

270 Part of money paid into Court taken out

271 Interest

272 Payment into Court by more than one defendant

273 Compensation recovery

274 Payment into Court on counterclaim

275 Payment into Court not to be pleaded

276 Payment out of Court

277 Notice of payment into Court under an order

278 Payment out in the case of small intestate estates

PART 9 - Offer of compromise

279 Interpretation of Part 9

280 Offer of compromise

281 Form of offer

282 Acceptance of offer of proportion of unliquidated sum

283 Acceptance of offer

284 Costs

285 Offer of compromise to be without prejudice

286 Disclosure of offer to Court

287 Party under disability

288 Failure to comply with accepted offer

289 Costs in relation to failure to accept offer

290 Multiple defendants

291 Offer to contribute

PART 10 - Parties Division 1 - Persons under disability

292 Person under disability as party

293 Appointment of litigation guardian

294 Persons not to be litigation guardian

295 Appointment by Court or judge of litigation guardian

296 Removal of litigation guardian

297 Litigation guardian in proceedings in chambers

298 Consent on behalf of person under disability

299 Compromise by person under disability

300 Control of money recovered by persons under disability

301 Costs of plaintiff under disability

Division 2 - Executors, administrators and trustees

302 Application of Division 2 of Part 10

303 Representation of unascertained persons

304 Compromises

305 Beneficiaries

306 Deceased person

Division 3 - Partners and sole proprietors

307 Application to proprietary clubs

308 Actions by and against firms and proprietary clubs

309 Disclosure of partners' names

310 Service

311 Appearance by partners

312 Execution of judgment against a firm

313 Application to actions between firms and members

314 Persons trading under another name

Division 4 - Societies

315 Interpretation of Division 4 of Part 10

316 Application

317 Members of society may sue

318 Claims may be joined

319 Enforcement of claim

320 Officer to be joined as coplaintiff or codefendant

321 Claim against members

322 Service of writ

323 Appearance by formal codefendant

324 Names to be supplied

325 Supply of names

326 Conditional appearance by formal codefendant

327 Application to strike out conditional appearance

328 Judgment against society as plaintiff

329 Judgment against society as defendant

330 Enforcement of judgment

331 Enforcement of judgment against members of society

332 Judgment for injunction

333 Claims against members otherwise than as members

334 Claims against officers

Division 5 - Representative proceedings

335 Application of Division

335A Interpretation

335B Originating process

335C Opt-out notices

335D Procedural applications

Division 5A - Representative defendants

336 Numerous defendants

Division 6 - Notice of constitutional matters

337 Interpretation of Division 6 of Part 10

338 Notice of constitutional matter

339 Filing and service of notice

PART 11 - Judgments Division 1 - Judgment by consent

340 Order for judgment by consent

341 Judgment by consent on filing memorandum

Division 2 - Judgment in default of appearance or pleading

342 Interpretation of Division 2 of Part 11

343 Application of Division 2 of Part 11

344 Judgment not to be entered by party to marriage

345 Default of appearance of person under disability

346 Proof of service and default

347 Final judgment for liquidated demand

348 Interlocutory judgment for unliquidated demand

349 Liquidated demand, detention of goods and damages

350 Recovery of land and mesne profits

351 Judgment for part unanswered by defence

352 Default by any other party

353 Default in actions not otherwise specially provided for

354 Effect of judgment by default

355 Judgment by default set aside

Division 3 - Summary judgment for plaintiff

356 Application by plaintiff for summary judgment

357 Manner of application

358 Judgment for plaintiff

359 Leave to defend

360 Application for summary judgment on counterclaim

361 Directions

362 Dismissal of application

363 Right to proceed with residue of action or counterclaim

364 Judgment for delivery up of chattel

365 Relief against forfeiture

366 Setting aside judgment

Division 4 - Summary judgment for defendant

367 Defendant may apply for summary judgment

368 Plaintiff may show cause

369 Judge may order examination of parties

370 Order directing action to proceed

Division 5 - Judgment on failure to prosecute or comply with an

order

371 Judgment upon non-delivery of statement of claim

372 Judgment upon failure to make discovery

373 Stay on non-payment of costs

374 Setting aside judgment

PART 12 - Discontinuance and withdrawal

375 Withdrawal of appearance

376 Discontinuance of action

377 Discontinuance of originating application

378 Costs of discontinuance

379 Discontinuance

380 Subsequent proceeding stayed until costs paid

PART 13 - Discovery and interrogatories Division 1 - Interpretation

381 Interpretation of Part 13

Division 1A - Discovery and inspection of documents

382 Mutual discovery of documents

383 Discovery by parties without order

384 List and affidavit

385 Parties entitled to copy of list of documents

386 Order for discovery

387 Order for determination of issue before discovery

388 Order for discovery of particular documents

389 Discovery to be ordered only if necessary

390 Inspection of documents referred to in list

391 Inspection of documents referred to in pleadings or affidavits

392 Order for production for inspection

393 Failure to comply with order concerning discovery

394 Order for production to Court

395 Determination of claim for privilege

396 Use in evidence

397 Revocation and variation of orders

398 Admission and production of documents specified in list

Division 2 - Admissions and production of documents

399 Notice to admit documents

400 Notices to produce documents

401 Notice to admit facts

402 Admission of opposite case

403 Order of Court during action

Division 2A - Preliminary discovery and discovery from non-party

403A Interpretation of Division 2A of Part 13

403B Privilege

403C Discovery to identify a defendant

403D Rule 403C applies in relation to party to proceeding

403E Discovery from prospective defendant

403F Rule 403E applies in relation to party to proceeding

403FA. Discovery from non-party

403G Costs and expenses of compliance

403H Costs orders in other proceedings

Division 3 - Interrogatories

404 Interpretation of Division 3 of Part 13

405 Interrogatories

406 Matters for interrogatories

407 Section 407

408 Form of interrogatories

408A When leave is required

409 Answers to interrogatories and affidavit verifying

410 Application for order by person interrogating

411 Failure to comply with order concerning interrogatories

412 Interrogatories to corporation

413 Use of answers to interrogatories

PART 14 - Pre-trial directions Division 1 - Case management

414 Application of Division 1 of Part 14

414A Purpose of case management

415 Directions hearing

416 Setting down for trial

417 Costs of unnecessary applications

Division 2 - Directions

418 Application of Division 2 of Part 14

419 Application for directions

420 Circumstances of application

421 Matters to be specified

422 Affidavit not to be used

423 Adjournment

424 Costs of unnecessary application

425 Order on hearing of application

426 Variation of orders

PART 15 - Amendment

427 Amendment of endorsement or pleadings

428 Amendment of statement of claim without leave

429 Amendment of set-off or counterclaim without leave

430 Amendment by consent

431 Costs

432 Amended pleading may be disallowed

433 Mode of amendment

434 Amended pleading to meet amendment

435 Clerical mistakes in judgments

PART 16 - Detention, preservation and inspection of property

436 Preservation or interim custody of property

437 Detention, preservation or inspection of property

438 Order for sale of perishable goods

439 Time of application

440 Order for recovery of specific property

441 Allowance of income of property

442 Inspection by judge and jury

PART 17 - Injunctions

443 Injunction against wrongful act or breach of contract

444 Application for order

445 Damages for injunction wrongly granted

PART 18 - Receivers

446 Application

447 Receiver to file consent

448 Security by and allowance to receivers

449 Security does not exceed $10 000

450 Adjournment into chambers

451 Leaving and passing accounts and paying balances

452 Account on discharge of receiver

453 Death of receiver

454 Form of receivers’ accounts

455 Leaving account at registry

456 Failure to leave and pass accounts and pay balances

457 Consequences of default by receiver

PART 19 - Evidence Division 1 - Evidence generally

458 Evidence of witnesses

459 Evidence by affidavit on the trial of an action

460 Limitation of medical and expert evidence

461 Limitation of plans in evidence

462 Variation of orders

463 Cross-examination of deponent

464 Depositions not to be given in evidence

465 Use of deposition on trial

466 Notice to use affidavit or deposition at trial

467 Office copies admissible in evidence

468 Verification of new trustee's consent to act

469 Section 469

470 Reading evidence

471 Evidence in subsequent proceedings

472 Order to attend for examination or produce document

473 Failure to make an affidavit

474 Documents and exhibits

Division 2 - Evidence by deposition

475 Interpretation of Division 2 of Part 19

476 Order for depositions

477 Examination

478 Time and place of examination

479 Method of examination

480 Oaths

481 Attendance of witnesses

482 Examination of additional witnesses

483 Objection by witness to questions

484 Recording and signature of depositions

485 Depositions to be transmitted to registry

486 Endorsement of depositions

487 Inability of examiner to take examination

488 Examiner's fees and expenses

489 Deposits

490 Special report by examiner

491 Refusal of person to attend or to be sworn

492 Costs incurred by refusal or objection

493 Action to perpetuate testimony

Division 3 - Subpoenas

494 Interpretation

495 Issuing of subpoena

496 Form of subpoena

496A Alteration of date for attendance or production

497 Setting aside or other relief

498 Service

499 Compliance with subpoena

500 Production otherwise than upon attendance

500A Removal, return, inspection, copying and disposal of documents and

500B Inspection of, and dealing with, documents and things produced

500C Disposal of documents and things produced

500D Costs and expenses of compliance

500E Failure to comply with subpoena – contempt of court

500F Documents and things in the custody of a court

Division 4 - Affidavits

501 Form of affidavit

502 Affidavits generally

503 Affidavits by illiterate or blind persons

504 Affidavits made by 2 or more deponents

505 Alterations in affidavits

506 Use of defective affidavits

507 Affidavits to be filed

508 Scandalous material

509 Affidavit in support of application for dealing with security in

510 Service of affidavits

511 Affidavits sworn within Australia

512 Affidavits sworn outside Australia

513 Affidavit sworn before practitioner or agent

Division 5 - Expert opinion evidence

514 Interpretation of Division 5 of Part 19

514A Application of Division 5 of Part 19

515 Expert evidence

516 Service of statement of expert evidence

517 Statement of other party evidence

PART 20 - Mediation

518 Referral for mediation or neutral evaluation not to operate as a

519 Conduct of mediation

520 Section 520

521 Report of plaintiff

522 Section 522

523 Costs of mediation or neutral evaluation

PART 21 - Interlocutory applications

524 Interlocutory applications generally

525 Making of interlocutory applications

526 Hearing date and time for applications

527 Former practice as to motions and summonses

528 Applications for consent orders

529 Period for service of applications

530 Ex parte applications

531 Failure to serve

532 Trial of issues

533 Service of interlocutory application before expiration of period

534 Notice of intention to adduce oral evidence

535 Papers for use of judge

536 Further consideration

537 Failure of a party to attend

538 Duties of associate

PART 22 - Trials Division 1 - Setting down for trial

539 Interpretation of Division 1 of Part 22

540 Application of Division 1 of Part 22

541 Compulsory conference in actions

542 Compulsory conference in other proceedings

543 Convening compulsory conference

544 Certificate of readiness

545 Joint letter of readiness

546 Failure to sign certificate or joint letter of readiness

547 Notice of pre-trial conference

548 Listing of proceeding for trial

549 Pre-trial conferences

550 Powers of judge at pre-trial conference

551 Pre-trial orders

552 Applications for directions in certain cases

553 Division not limited

Division 2 - Place and mode of trial

554 Place of trial

555 Order for place of trial

556 Mode of trial

557 Trial with a jury

558 Issue requiring prolonged examination

559 Questions of fact or law tried differently

560 Trial with assessors

561 Trial by other adjudicator

562 Trial of proceeding on affidavit

563 Setting aside judgment

Division 3 - Special case

564 Application of Division 3 of Part 22

565 Special case by agreement

566 Special case by order before trial

567 Person under disability

568 Agreement of damages and costs

Division 4 - Trial

569 Order of evidence and addresses

570 Absence of party at trial

571 Adjournment of trial

572 Adjournment from chambers

573 Entry of judgment after trial

Division 5 - References out of Court

574 Reference of questions

575 Report on reference

576 Status of special referee

577 Duties of special referee

578 Remuneration of special referee

579 Powers of special referee

580 Submission of question to Court

581 Costs

582 Application to other persons

Division 6 - Assessment of damages or value

583 Assessments of damages or value

584 Division 1 and Division 4 to apply

585 Procedure if judgment by default

586 Calculation of damages

587 Damages in respect of continuing cause of action

PART 23 - Recording of proceedings

588 Recordings of proceedings in court

589 Transcripts of proceedings

590 Charge for transcripts

591 Retention of tapes or apparatus

592 Costs of transcripts

PART 24 - Issues, accounts and inquiries

593 Preparation of issues

594 Inquiry or account

595 Directions for account

596 Application to proceed with accounts and inquiries

597 Form of account

598 Surcharge

599 Just allowances

600 Delay

PART 25 - Mortgages, estates, trusts and sale of land Division 1 -

Summary proceedings by mortgagee for delivery of possession

600A Interpretation of Division 1

601 Application for delivery of possession

602 Payment before hearing

Division 2 - Administration of estates and execution of trusts

603 Interpretation of Division 2 of Part 25

604 Relief without general administration

605 Parties

606 Court or judge not bound to order administration

607 Order for accounts

608 Interference with discretion of trustee

609 Determination of question of fact

610 Judge may require separate representation

611 Notice of judgment or order

Division 3 - Sale of land by order of Court

612 Interpretation of Division 3 of Part 25

613 Order for sale of land

614 Manner of sale

615 Affidavit of value

616 Certificate of result of sale

617 Sale out of Court

618 Mortgage, exchange or partition

Division 4 - Conveyancing counsel

619 Appointment of conveyancing counsel

620 Reference by Court to conveyancing counsel

621 Objection to opinion of conveyancing counsel

622 Procedure on reference

PART 26 - Relief similar to certiorari, mandamus and prohibition and

writs of habeas corpus Division 1 - Relief similar to certiorari, mandamus and prohibition

623 Applications

624 General orders to show cause

625 Service of general orders

626 Notices

627 Forms of relief

628 Return before Full Court

629 Hearing on return of general orders

630 Orders under rule 627(2)(a) , (b) or (c)

Division 2 - Relief similar to certiorari

631 Restrictions on grant of relief similar to certiorari

632 Quashing on return of order

Division 3 - Relief similar to mandamus

633 Order to command act

634 When order is returnable

635 Return of order

636 Judgment to obtain peremptory order

637 Substitution of persons

638 Quashing of return

639 Claim for relief similar to mandamus in action

Division 4 - Relief similar to procedendo and quo warranto

640 Relief similar to procedendo

641 Application for leave to exhibit information

642 Facts set out in information

643 Information to state names

644 Pleadings and subsequent proceedings

645 Disclaimers

646 Consolidation

647 Consolidation or stay on application of respondent

Division 5 - Habeas corpus

648 Application for writ or order

649 Requirement for verified copy of order

650 Service

651 Return to writs

652 Discharge without writ

653 Attachment for contempt

654 Proceedings on return of writ

PART 27 - Appeals Division 1 - Appeals from judge to Full Court

655 Interpretation of Division 1 of Part 27

656 Application of Division 1 of Part 27

657 Appeal to be by way of rehearing

658 Appeal from judge in chambers

659 Time for institution of appeal

660 Institution of appeal

661 Service of notice of appeal

662 Appeal in proceedings in district registry

663 Transmission of documents from district registry

664 Notice of cross-appeal

665 List of documents to be included in appeal book

666 Settlement of appeal book

667 Cases in which evidence is lengthy

668 Appeal books

669 Filing of appeal book

670 Setting down of appeal

671 Security for costs

672 Powers of the Full Court

673 Non-appearance of party

674 Return of file to Principal Registrar

675 Appellant may have appeal dismissed

676 Appeal not to stay proceedings

677 Interest if execution delayed by appeal

678 Notice to parties under section 15(8) of Act

679 Application for leave to appeal

680 Appeal from refusal of ex parte application

Division 1A - Appeal from Associate Judge

680A Appeal from Associate Judge

Division 2 - Appeals from and cases stated by inferior courts

681 Interpretation of Division 2 of Part 27

682 Application of Division 2 of Part 27

683 Hearing of appeal

684 Period for institution of appeal

685 Notice of appeal

686 Institution of appeal

687 Service of notice of appeal

688 Judge of inferior courts to record proceedings

689 Obtaining documents from inferior court

690 Setting down appeal

691 Setting aside notice of appeal

692 Reference to Full Court

693 Powers of Court on hearing appeal

694 Return of documents to inferior court

Division 3 - Stated case

695 Application of Division 3 of Part 27

696 Preparation of case

697 Transmission of case

698 Listing of case

699 Hearing of case

700 Reference to Full Court

Division 4 - Appeal from and case stated by statutory tribunals

other than courts

701 Interpretation of Division 4 of Part 27

702 Application of Division 4 of Part 27

703 Hearing of appeals

704 Certain rules to apply

705 Notice of appeal

706 Period for institution of appeal

707 Institution of appeal

708 Setting down appeal

708A Applicant may have appeal dismissed

709 Powers of Court or judge

710 Rules as to stated case

711 Hearing of case

Division 5 - Appeal from referee

712 Interpretation of Division 5 of Part 27

713 Appeals from referees

714 Procedure on appeals

715 Appeal from order on interlocutory applications

PART 28 - Registration of judgments

716 Interpretation of Part 28

717 Application for registration

718 Affidavit in support of application

719 Security of costs

720 Order for registration

721 Notice of registration

722 Application to set aside registration

723 Enforcement of registered judgment

724 Application for certificate

725 Issue of certificate

PART 29 - Contentious probate actions

726 Application of Part 29

727 Requirements in connection with writ

728 Entry of appearance

729 Intervener in probate action

730 Citations

731 Affidavit of testamentary scripts

732 Default of a party

733 Statement of claim

734 Counterclaim

735 Pleadings

736 Discontinuance

737 Application to judge in chambers

738 Notice in probate action

739 Costs in probate action

740 Election of guardian by minor

741 Compromise of action

742 Interlocutory application

PART 30 - Proceedings at the suit of the Crown

743 Interpretation of Part 30

744 Actions at suit of Attorney-General

745 Notice to be published

746 Claims

747 Affidavit in support of claim

748 Order for sale or delivery before judgment

749 Appraisal

750 Directions as to sale

751 Application of proceeds of sale

752 Claimant to pay amount of appraised value

753 Judgment if claim not filed

754 Claim filed as part of property only

755 Delivery of pleadings

756 Judgment in default

757 Form of judgment after trial

758 Action at instance of relator

759 Application for authority

760 Original writ

761 Statement of claim to be retained

762 Copy of Attorney-General's signature required

763 Amendment of statement of claim

764 Attorney-General may control action

765 Consent of Attorney-General to stay

766 Appointment of new relator

PART 31 - Administration of charitable trusts

767 Application in relation to charitable trusts

768 Requirements for application

769 Service of application

770 Attendance of Attorney-General

PART 32 - Proceedings under particular statutes Division 1 -

Proceedings in arbitration Subdivision 1 - Domestic proceedings under Commercial Arbitration Act 2011

771 Interpretation

772 Application for referral to arbitration

772A Subpoenas

772B Application relating to evidence for arbitration

772C Application relating to disclosure of confidential information

772D Application for relief under miscellaneous provisions of Commercial

772E Application for determination of preliminary point of law

772F Application to set aside award

772G Appeal

773 Application to enforce award

774 Interpretation

774A Documents not in English

774B Application for stay and referral to arbitration – foreign

774C Application to enforce foreign award

774D Application for referral to arbitration – article 8 of Model

774E Subpoenas

774F Application relating to evidence for arbitration

774G Application relating to disclosure of confidential information

774H Application for relief under miscellaneous provisions of Model Law

774I Application to set aside award – Model Law

774J Enforcement of award under Model Law

775 Enforcement of Investment Convention award

Division 1AA - Proceedings under Crime (Confiscation of Profits) Act

1993

776 Applications

776A Directions as to service

776B Undertaking for damages for wealth-restraining order wrongly granted

776C Searches

776D Section 776D

777 Conduct of examinations

Division 1A - Proceedings under the Judicial Review Act 2000

777A Description of respondent

777B Contents of application

777C Particulars

777D Documents to be filed

777E Service

777F Notice of intention to appear

777G Notice of submission

Division 2 - Proceedings under the Jurisdiction of Courts

(Cross-vesting) Act 1987

778 Interpretation of Division 2 of Part 32

779 Attorney-General not party to proceeding

780 Powers on removal of proceedings to Court

781 Jurisdiction under cross-vesting laws

782 Proceedings transferred under cross-vesting laws

783 Conduct of proceedings

Division 2AA - Proceedings under the Legal Profession Act 2007

783AA Interpretation of Division 2AA of Part 32

783AB Relevant matters

783AC Notice of intention to apply for admission

783AD Application for admission

783AE Documents supporting application for admission

783AF Application for declaration of suitability

783AG Effect of declaration of suitability on application for admission

783AH Affidavit of service of application under this Division

783AI Inquiries

783AJ Oath

783AK Compliance with former rules

Division 2A - Proceedings under the Mutual Recognition (Tasmania) Act

1993 and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth

783A Interpretation of Division 2A of Part 32

783B Application of Division

783C Application for admission

783D Hearing date

783E Registrar to consider application

783F Applicant not appearing at hearing

783G Documents to be produced at hearing

783H Person may show cause

Division 3 - Proceedings under the Settled Land Act 1884 and the

Settled Land Act 1911

784 Interpretation of Division 3 of Part 32

785 Service

786 Service on other persons

787 Dispensing with service

788 Evidence as to title

789 Sales

790 Leases

791 Payment of capital money into Court

792 Title of account

793 Costs of payment into Court

Division 4 - Proceedings under the Trustee Act 1898

794 Payment into Court under section 48

795 Applications in respect of money paid into Court

796 Application under section 52

Division 5 - Proceedings under the Variation of Trusts Act 1994

797 Parties

798 Unborn or unascertained beneficiaries

Division 6 - Proceedings under the Wills Act 1992 and the Wills

Act 2008

799 Interpretation of Division 6 of Part 32

800 Application to dispense with requirements for execution of wills

801 Application to validate dispositions to interested witnesses

802 Application for authorisation, alteration or revocation of wills by

803 Application for leave to apply for certain orders

803A Application to rectify a will

Division 7 - Proceedings under the Trans-Tasman Proceedings Act 2010

(Commonwealth) Subdivision 1 - Preliminary

803B Interpretation of Division 7 of Part 32

803C Application of Division 7 of Part 32

803D Proceedings under the Trans-Tasman Proceedings Act

803E Interlocutory application under Trans-Tasman Proceedings Act

803F Application for interim relief

803G Application for leave to serve subpoena in New Zealand

803H Application to set aside subpoena

803I Application for issue of certificate of non-compliance with subpoena

803J Documents relating to application

803K Notice of registration of NZ judgment

803L Application for extension of time to give notice of registration of

803M Application to set aside registration of NZ judgment

803N Application for stay of enforcement of registered NZ judgment so

803O Application for extension of time to apply for stay of enforcement

803P Application for order for use of audio link or audio visual link

PART 33 - Entry of judgment and orders

804 Duties of associate

805 Certificate for entry of judgment

806 General relief

807 Date of effect of judgment or order

808 Date of effect of summary judgment

809 Date of effect of other judgments and orders

810 Judgment or order to state period for doing any act

810A Judgment or order to state applicable interest rate

811 Entry of satisfaction

812 Entry of judgment or order

813 Mode of entry of judgment or order

814 Drawing up judgment or order

815 Settlement of draft by registrar

816 Settlement of judgments and orders by judge

817 Failure to attend or produce documents

818 Statement of service of writ

819 Entry on production of order or certificate

820 Filing of judgments and orders

821 Duplicates

822 Forms

PART 34 - Fees and costs Division 1 -

. . . . . . . .

823 Section 823

824 Section 824

825 Section 825

826 Section 826

827 Section 827

Division 2 - Security for costs

828 Security for costs

829 Amount and form of security

830 Bond as security

831 Period for giving security

832 Period for filing security

833 Security by payment into Court

834 Disposal of money paid into Court

835 Enforcement of security

Division 3 - Costs

836 Interpretation and application of Division 3 of Part 34

837 Scales of costs

837A Goods and services tax

838 Special fee

839 Special orders as to costs

840 Non-attendance or neglect of parties or practitioners

841 Disallowance of costs in certain cases

842 Order for taxation not required

843 Costs on award

844 Enforcement of order of taxing officer

845 Taxing of bill of costs

846 Powers of taxing officer

847 Form of bill of costs for taxation

848 Bill of costs to be filed

849 Notice of appointment of taxation

850 Offer to settle costs

850A Objection to bill of costs

851 Taxation in the absence of a party

852 Taxing officer may limit or extend time

853 Party not required to attend taxation

854 Powers of taxing officer where costs to be paid out of fund

855 Notice to party to file bill

856 Neglect or delay

857 Set-off of costs

858 Considerations relevant to taxing officer's discretion

859 Costs allowed or not allowed on taxation

860 Particular rules applying to costs allowable

861 Costs if same practitioner acts

862 Reasonable and proper costs

863 Counsel

864 Articled clerks

865 Disallowances if bill reduced by a sixth or more

866 Certificate

867 Objections to taxation

868 Review of taxing officer's decision by judge

869 Interim certificate

PART 35 - Enforcement and execution Division 1 - Enforcement of

judgments and orders

870 Saving of existing process

871 Order of issue of writs

872 Set-off costs

873 Payment of money

874 Delivery of land

875 Delivery of goods

876 Judgment or order requiring any act

877 Order that act be done at expense of party in default

878 Execution by or against person not a party

879 Attendance of natural persons

880 Attendance of corporations

881 Attendance before another court

882 Contempt

883 Service before committal or sequestration

884 Difficulty in enforcing judgment or order

885 Non-performance of condition

886 Order in aid of enforcement

887 Application to stay execution

887A Interest on judgment or order

Division 2 - Discovery in aid of enforcement

888 Interpretation of Division 2 of Part 35

889 Order for examination or production

890 Procedure

891 Section 891

892 Record of examination

893 Impounded documents

Division 3 - Writs of execution generally

894 Interpretation of Division 3 of Part 35

895 Judgment to be obeyed without demand

896 Execution to issue within 6 years

897 Leave to issue execution

898 Affidavit of debt

899 Execution of judgment for money and costs

900 Issue of writ of execution

901 Renewal of writ

902 Expenses of execution

903 Bailiff of inferior court may execute writ of execution

904 Return of writ

Division 4 - Writ of fieri facias

905 Interpretation of Division 4 of Part 35

906 Execution of writ of fieri facias

907 Application for private sale

908 Hearing of application for private sale

909 Writ of venditioni exponas

Division 5 - Attachment of debts

910 Interpretation and application of Division 5 of Part 35

911 Attachment of debts

912 Provisional garnishee order

913 Service of provisional order

914 Final order

915 Service of final order

916 Service of order discharging provisional order

917 Discharge of garnishee

918 Costs

919 Priority of orders

Division 6 - Attachment of wages and salaries

920 Interpretation of Division 6 of Part 35

921 Provisional garnishee order for attachment of earnings

922 Service of provisional garnishee order

923 Final garnishee order

924 Service of final garnishee order

925 Service of order discharging provisional garnishee order

926 Discharge of garnishee

927 Garnishee debt attachment book

928 Costs of garnishee proceedings

929 Priority of garnishee orders

PART 36 - Miscellaneous enforcement and penal procedures Division 1

- Charging orders, stop orders and notices

930 Interpretation of Division 1 of Part 36

931 Service of application and order

932 Order to identify securities, &c.

933 Service of order

934 Application under Partnership Act 1891

935 Final order

936 Stop notice on corporation

937 Stop order for funds in Court

Division 1A - Freezing orders

937A Interpretation of Division 1A of Part 36

937B Freezing orders

937C Ancillary orders

937D Respondent need not be party to proceeding

937E Order against judgment debtor or prospective judgment debtor or third

937F Jurisdiction

937G Service outside Australia of application for freezing order or

937H Costs

Division 1B - Search orders

937I Interpretation of Division 1B of Part 36

937J Search orders

937K Requirements for grant of search order

937L Jurisdiction

937M Terms of search order

937N Independent practitioners

937O Costs

Division 2 - Enforcement by appointment of a receiver

938 Procedure

939 Appointment

Division 3 - Contempt

940 Interpretation of Division 3 of Part 36

941 Contempt in face of Court

942 Other procedure for contempt

Division 4 - Attachment

943 Attachment

944 Return of the writ

Division 5 - Sequestration

945 Writ of sequestration

946 No subpoena for costs

947 No sequestration for costs without leave

Division 6 - Proceedings under a judgment

948 Interpretation of Division 6 of Part 36

949 Directions in judgment

950 Dispensing with service of notice of judgment

951 Attendance of parties not directed to attend

952 Stoppage of proceedings

953 Classifying interests of parties

954 Settling instrument in case parties differ

955 Advertisements

956 Claims

957 Determination of claims

958 Costs

959 Interest on debts

960 Interest on legacies

961 Account or inquiry

PART 37 - The Associate Judge

962 Jurisdiction of Associate Judge

963 Reference to judge

964 Recording of proceedings

965 Section 965

PART 38 - Service of foreign process

966 Application of Part 38

967 Documents required

968 Service

969 Affidavit of service

970 Certificate

PART 38A - Service under the Hague Convention Division 1 -

Preliminary

970A Interpretation of Part 38A

970B Provisions of this Part to prevail

Division 2 - Service abroad of local judicial documents

970C Application of Division

970D Application for request for service abroad

970E How application to be dealt with

970F Procedure on receipt of certificate of service

970G Payment of costs

970H Evidence of service

Division 3 - Default judgment following service abroad of initiating

process

970I Application of Division

970J Restriction on power to enter default judgment if certificate of

970K Restriction on power to enter default judgment if certificate of

970L Setting aside judgment in default of appearance

Division 4 - Local service of foreign judicial documents

970M Application of Division

970N Certain documents to be referred back to Attorney-General’s

970O Service

970P Affidavit as to service

PART 39 - Obtaining evidence for external court or tribunal

971 Interpretation of Part 39

972 Procedure

973 Examiner

974 Manner of taking examination

975 Examination to be forwarded to Registrar

PART 40 - Miscellaneous

976 Transitional provisions

977 Rules of the Supreme Court 1965 amended

978 Civil Process Rules 1985 rescinded

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