Western Australian Consolidated Regulations

RULES OF THE SUPREME COURT 1971 - NOTES

Notes

¹ This is a compilation of the Rules of the Supreme Court 1971 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint

Compilation table

Citation	Gazettal	Commencement
Rules of the Supreme Court 1971	18 Nov 1971 p. 4397-758	14 Feb 1972 (see O. 1 r. 2(1))
Untitled rules	17 Dec 1971 p. 5266	14 Feb 1972 (see r. 1)
Untitled rules	7 Jun 1972 p. 1703	7 Jun 1972
Untitled rules	15 Jun 1973 p. 2247-52	15 Jun 1973
Untitled rules	10 Sep 1973 p. 3425-36	1 Oct 1973 (see r. 2)
Untitled rules	9 Nov 1973 p. 4162-6	rules other than r. 5 and 6: 9 Nov 1973 (see r. 2(1)); r. 5 and 6: 1 Jan 1974 (see r. 2(2) and Gazette 14 Dec 1973 p. 4528)
Untitled rules	7 Dec 1973 p. 4488-9	1 Jan 1974 (see r. 2)
Untitled rules	29 Mar 1974 p. 1037-40	15 Apr 1974 (see r. 2)
Untitled rules	29 Mar 1974 p. 1041-2 (erratum 5 Apr 1974 p. 1195)	29 Mar 1974
Supreme Court (Costs) Rules 1974	30 Aug 1974 p. 3242-3	30 Aug 1974 (see r. 1)
Untitled rules	10 Jan 1975 p. 50-5	1 Mar 1975 (see r. 2 and Gazette 14 Feb 1975 p. 505)
Untitled rules	23 May 1975 p. 1404	1 Jun 1975 (see r. 2)
Untitled rules	3 Oct 1975 p. 3769-71	1 Nov 1975 (see r. 2)
Untitled rules	19 Dec 1975 p. 4571-7	1 Jan 1976 (see r. 2)
Untitled rules	2 Apr 1976 p. 1039-41	2 Apr 1976 (see r. 2)
Untitled rules	14 May 1976 p. 1431	1 Jun 1976 (see r. 2)
Reprint of the Rules of the Supreme Court 1971 dated 25 May 1976 (see Gazette 9 Aug 1976 p. 2725-3030) (includes amendments listed above except those in 14 May 1976)
Untitled rules	27 Aug 1976 p. 3223-6	13 Sep 1976 (see r. 2)
Untitled rules	12 Nov 1976 p. 4275-7	17 Jun 1977 (see r. 2 and Gazette 17 Jun 1977 p. 1811)
Untitled rules	24 Jun 1977 p. 1914-16	1 Sep 1977 (see r. 2)
Untitled rules	7 Oct 1977 p. 3602-3	1 Nov 1977 (see r. 2)
Supreme Court (Costs) Rules 1978	13 Jan 1978 p. 117	13 Jan 1978 (see r. 2)
Untitled rules	23 Jun 1978 p. 2025-30	1 Aug 1978 (see r. 2)
Untitled rules	13 Oct 1978 p. 3698-704	rules other than r. 3-5, 9-11: 13 Oct 1978 (see r. 2); balance: 1 Jan 1979 (see r. 2)
Supreme Court (Miscellaneous Amendments) Rules 1979	14 Dec 1979 p. 3869-76	11 Feb 1980 (see r. 1 and Gazette 8 Feb 1980 p. 383)
Supreme Court (Costs) Rules 1980	21 Mar 1980 p. 960-2	21 Mar 1980 (see r. 2)
Untitled rules	13 Jun 1980 p. 1719-22	1 Jul 1980 (see r. 2)
Untitled rules	18 Jul 1980 p. 2384-8	1 Aug 1980 (see r. 2 and Gazette 1 Aug 1980 p. 2537)
Untitled rules	1 Aug 1980 p. 2550-6	1 Aug 1980 (see r. 2)
Untitled rules	1 Aug 1980 p. 2558	1 Aug 1980 (see r. 2)
Reprint of the Rules of the Supreme Court 1971 dated 11 May 1981 (see Gazette 11 Jun 1981 p. 1731-2046) (includes amendments listed above)
Untitled rules	20 Nov 1981 p. 4724-9	20 Nov 1981 (see r. 2)
Untitled rules	2 Jul 1982 p. 2315-20	2 Jul 1982 (see r. 2)
Supreme Court (Costs) Rules 1982	2 Jul 1982 p. 2320-1	2 Jul 1982 4 (see r. 1)
Untitled rules	30 Jul 1982 p. 2946-7	30 Jul 1982
Untitled rules	31 Mar 1983 p. 1090-1	20 Jun 1983 (see r. 2 and Gazette 3 Jun 1983 p. 1675)
Untitled rules	23 Sep 1983 p. 3797-8	23 Sep 1983
Untitled rules	20 Jan 1984 p. 129-34	20 Jan 1984 (see r. 2)
Untitled rules	30 Nov 1984 p. 3951-6	30 Nov 1984
Supreme Court (Costs) Rules 1985	15 Feb 1985 p. 583-7 (erratum 22 Feb 1985 p. 658)	15 Feb 1985(see r. 1)
Reprint of the Rules of the Supreme Court 1971 as at 12 Dec 1985 (see Gazette 18 Mar 1986 p. 779-1179) (includes amendments listed above)
Supreme Court (Costs) Rules No. 2 1985	13 Dec 1985 p. 4760-4 (erratum 3 Jan 1986 p. 11)	1 Jan 1986 (see r. 1)
Untitled rules	20 Jun 1986 p. 2040-5	20 Jun 1986
Rules of the Supreme Court 1971 Amendment Rules (No. 2) 1986	4 Jul 1986 p. 2280-6	4 Jul 1986 (see r. 3)
Rules of the Supreme Court 1971 Amendment Rules 1987	18 Dec 1987 p. 4456-7	1 Jan 1988 (see r. 3)
Supreme Court Amendment Rules 1988	1 Jul 1988 p. 2140-2	1 Jul 1988 (see r. 2 and Gazette 24 Jun 1988 p. 1995)
Supreme Court Amendment Rules 1989	15 Dec 1989 p. 4520	1 Jan 1990 (see r. 2)
Supreme Court Amendment Rules(No. 2) 1990	23 Feb 1990 p. 1153-6	23 Feb 1990
Supreme Court Amendment Rules 1990	30 Mar 1990 p. 1573-4	30 Mar 1990 (see r. 2)
Supreme Court Amendment Rules (No. 3) 1990	17 Aug 1990 p. 4071-8	1 Sep 1990 (see r. 2)
Supreme Court Amendment Rules (No. 7) 1990	9 Nov 1990 p. 5526	9 Nov 1990 (see r. 2)
Supreme Court Amendment Rules (No. 6) 1990	16 Nov 1990 p. 5698-9	16 Nov 1990 (see r. 2)
Supreme Court Amendment Rules (No. 8) 1990	30 Nov 1990 p. 5900-1	30 Nov 1990
Supreme Court Amendment Rules (No. 4) 1990	8 Feb 1991 p. 582-8	8 Mar 1991 (see r. 2 and Gazette 8 Mar 1991 p. 1029-30)
Supreme Court Amendment Rules 1991	5 Apr 1991 p. 1397-8	5 Apr 1991
Supreme Court Amendment Rules (No. 3) 1991	5 Apr 1991 p. 1398-401	5 Apr 1991
Supreme Court Amendment Rules (No. 2) 1991	19 Apr 1991 p. 1714-19	1 Jun 1991 (see r. 2 and Gazette 17 May 1991 p. 2455)
Supreme Court Amendment Rules (No. 4) 1991	7 Feb 1992 p. 676-93	7 Feb 1992
Supreme Court Amendment Rules (No. 6) 1991	28 Feb 1992 p. 995-8	28 Feb 1992
Supreme Court Amendment Rules 1992	5 Jun 1992 p. 2278-82	5 Jun 1992
Supreme Court Amendment Rules (No. 3) 1992	21 Aug 1992 p. 4121-4	1 Sep 1992 (see r. 2)
Supreme Court Amendment Rules (No. 4) 1992	30 Oct 1992 p. 5309-10	30 Oct 1992
Supreme Court Amendment Rules (No. 5) 1992	30 Oct 1992 p. 5310-11	30 Oct 1992
Supreme Court Amendment Rules (No. 6) 1992	26 Jan 1993 p. 823-30	26 Jan 1993
Supreme Court Amendment Rules 1993	26 Mar 1993 p. 1840-6	26 Mar 1993
Supreme Court Amendment Rules (No. 2) 1993	20 Apr 1993 p. 2103-4	20 Apr 1993
Supreme Court Amendment Rules (No. 3) 1993	29 Jun 1993 p. 3166-7	29 Jun 1993
Supreme Court Amendment Rules (No. 4) 1993	17 Sep 1993 p. 5054-61	17 Sep 1993
Supreme Court Amendment Rules (No. 6) 1993	1 Dec 1993 p. 6451-2	1 Dec 1993 (see r. 2 and Gazette 30 Nov 1993 p. 6439)
Supreme Court Amendment Rules 1994 5	1 Mar 1994 p. 784-93	1 Mar 1994
Supreme Court Amendment Rules (No. 4) 1994	28 Jun 1994 p. 3047-141	1 Aug 1994 (see r. 2)
Supreme Court Amendment Rules (No. 2) 1994	1 Jul 1994 p. 3238-9	1 Jul 1994
Supreme Court Amendment Rules (No. 3) 1994	22 Jul 1994 p. 3746-8	22 Jul 1994
Supreme Court Amendment Rules (No. 5) 1994	26 Aug 1994 p. 4410-13	26 Aug 1994
Supreme Court Amendment Rules (No. 7) 1994	26 Aug 1994 p. 4414-15	26 Aug 1994
Supreme Court Amendment Rules (No. 6) 1994	9 Sep 1994 p. 4630	9 Sep 1994
Supreme Court Amendment Rules (No. 8) 1994	11 Nov 1994 p. 5701-2	11 Nov 1994
Reprint of the Rules of the Supreme Court 1971 as at 21 Nov 1994 (includes amendments listed above)
Supreme Court Amendment Rules 1995	24 Jan 1995 p. 269-72	24 Jan 1995
Supreme Court Amendment Rules (No. 2) 1995	24 Jan 1995 p. 272-3	24 Jan 1995
Supreme Court Amendment Rules (No. 4) 1995	7 Jul 1995 p. 2819	7 Jul 1995
Supreme Court Amendment Rules (No. 5) 1995	24 Oct 1995 p. 4917-21	24 Oct 1995
Supreme Court Amendment Rules (No. 6) 1995	10 Nov 1995 p. 5246-7	10 Nov 1995
Supreme Court Amendment Rules 1996	9 Aug 1996 p. 3949-51	9 Aug 1996
Supreme Court Amendment Rules (No. 3) 1996	13 Sep 1996 p. 4568	7 Apr 1997 (see r. 2 and Gazette 18 Mar 1997 p. 1529)
Supreme Court Amendment Rules (No. 4) 1996	28 Oct 1996 p. 5671-712	1 Nov 1996 (see r. 2)
Supreme Court Amendment Rules (No. 2) 1997 6	1 Jul 1997 p. 3258-60	21 Jul 1997 (see r. 2 and correction in Gazette 4 Jul 1997 p. 3480)
Supreme Court Amendment Rules (No. 1) 1998	6 Mar 1998 p. 1177	6 Mar 1998
Supreme Court Amendment Rules (No. 2) 1998	6 Mar 1998 p. 1178	6 Mar 1998
Supreme Court Amendment Rules 1999	16 Jul 1999 p. 3187-200 (as amended 5 Nov 1999 p. 5632)	16 Jul 1999
Supreme Court Amendment Rules (No. 2) 1999	16 Jul 1999 p. 3201	8 Jan 2000 (see r. 2 and Gazette 7 Jan 2000 p. 19)
Supreme Court Amendment Rules (No. 5) 1999	5 Nov 1999 p. 5625-33	5 Nov 1999
Supreme Court Amendment Rules (No. 4) 1999	26 Nov 1999 p. 5903-5	26 Nov 1999 (see r. 2)
Supreme Court Amendment Rules 2000	10 Mar 2000 p. 1121	10 Mar 2000
Supreme Court Amendment Rules (No. 2) 2000	8 May 2000 p. 2159-232	1 Jun 2000 (see r. 2)
Supreme Court Amendment Rules (No. 3) 2000	30 Jun 2000 p. 3417-19	30 Jun 2000
Reprint of the Rules of the Supreme Court 1971 as at 1 Dec 2000 (includes amendments listed above)
Supreme Court Amendment Rules (No. 5) 2000	29 Dec 2000 p. 7917-19	5 Feb 2001 (see r. 2 and Gazette 2 Jan 2001 p. 7)
Supreme Court Amendment Rules (No. 2) 2001	23 Jan 2001 p. 555-61	23 Jan 2001
Supreme Court Amendment Rules (No. 3) 2001	23 Jan 2001 p. 561-3	23 Jan 2001
Supreme Court Amendment Rules 2001	2 Feb 2001 p. 697-701	2 Feb 2001
Supreme Court Amendment Rules (No. 7) 2001	29 May 2001 p. 2701-3	30 Jun 2001 (see r. 2)
Supreme Court Amendment Rules (No. 5) 2001	27 Jul 2001 p. 3895-6	27 Jul 2001
Supreme Court Amendment Rules (No. 8) 2001	5 Oct 2001 p. 5474-5	5 Oct 2001
Supreme Court Amendment Rules 2002	12 Apr 2002 p. 1903-4	12 Apr 2002
Supreme Court Amendment Rules (No. 2) 2002	27 Sep 2002 p. 4829-34	27 Sep 2002
Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 36	30 Jun 2003 p. 2581-638	1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579)
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 16	15 Aug 2003 p. 3685-92	15 Sep 2003 (see r. 2)
Supreme Court Amendment Rules 2004	21 May 2004 p. 1712	1 Jun 2004 (see r. 2)
Supreme Court Amendment Rules (No. 4) 2004	10 Aug 2004 p. 3185	10 Aug 2004
Reprint 6: The Rules of the Supreme Court 1971 as at 15 Oct 2004 (includes amendments listed above)
Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 12	19 Apr 2005 p. 1294-302	19 Apr 2005
Supreme Court Amendment Rules 2005	29 Apr 2005 p. 1791-6	2 May 2005 (see r. 2)
Supreme Court Amendment Rules (No. 2) 2005	29 Apr 2005 p. 1797-802	2 May 2005 (see r. 2)
Supreme Court Amendment Rules 2007	21 Feb 2007 p. 531-96	1 Mar 2007 (see r. 2)
Supreme Court Amendment Rules 2008	22 Feb 2008 p. 629-56	Pt. 1: 22 Feb 2008 (see r. 2(a)); Pt. 2: 23 Feb 2008 (see r. 2(b)); Pt. 3: 25 Feb 2008 (see r. 2(c))
Reprint 7: The Rules of the Supreme Court 1971 as at 11 Apr 2008 (includes amendments listed above)
Supreme Court Amendment Rules 2009	6 Feb 2009 p. 243-5	r. 1 and 2: 6 Feb 2009 (see r. 2(a)); Rules other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and Gazette 27 Feb 2009 p. 511)
Supreme Court Amendment Rules (No. 2) 2009 Pt. 1 and 3	3 Jul 2009 p. 2682-700	Pt. 1: 3 Jul 2009: (see r. 2(a)) Pt. 3: 4 Jul 2009 (see r. 2(c))

^1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation	Gazettal	Commencement
Supreme Court Amendment Rules (No. 2) 2009 Pt. 2 7	3 Jul 2009 p. 2682-700 (printers correction in Gazette 7 Jul 2009 p. 2719)	Operative on commence of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at the Hague on 15 November 1965, enters into force for Australia

² This Rule is merely declaratory of an Order in Council gazetted 16 Sep 1983 whereby the vacations of the Supreme Court are regulated.

³ Formerly referred to as The Partnership Act 1895, the short title of which was changed to the Partnership Act 1895 by the Statutes (Repeals and Minor Amendments) Act 2003 s. 144. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

⁴ The commencement date of 1 Jul 1982 that was specified was before the date of gazettal.

⁵ The Supreme Court Amendment Rules 1994 r. 14 is a transitional provision that has no further effect.

⁶ Disallowed on 10 Mar 1998, see Gazette 13 Mar 1998 p. 1389.

⁷ On the date as at which this compilation was prepared, the Supreme Court Amendment Rules (No. 2) 2009 Pt. 2 had not come into operation. It reads as follows:

Part 2 — Amendments about service of documents in or for a foreign country

4. Order 5 amended

In Order 5 rule 11:

(a) delete “The time” and insert:

(1) The time

(b) in the table item (2) delete “30 days.” and insert:

See subrule (2).

(c) in the table item (3) delete “Such time as shall be fixed by the Court.” and insert:

See subrule (3).

(d) before “In the” insert:

(2) In respect of a writ to be served outside the State but within the Commonwealth of Australia, the time must accord with the Service and Execution of Process Act 1992 (Commonwealth).

(3) In respect of a writ to be served outside the Commonwealth of Australia, the time must be fixed by the Court in accordance with Order 10 rule 5.

(e) delete “In the” and insert:

(4) In the

5. Order 10 amended

(1) Delete Order 10 rule 1A and insert:

1A. When leave to serve is required

(1) A writ served on a person outside the State but in the Commonwealth of Australia has no effect unless the person was served under the Service and Execution of Process Act 1992 (Commonwealth).

(2) A writ or notice of a writ served on a person outside the Commonwealth of Australia has no effect unless —

(a) the Court, under this Order, granted leave to serve the person; and

(b) the person was served —

(i) under rules 9 to 11; or

(ii) under Order 11A and the convention referred to in that Order.

(3) Rules 9 to 11 do not apply to or in relation to the service of a writ or notice of a writ on a person outside the Commonwealth of Australia under the convention referred to in Order 11A.

(2) In Order 10 rule 1(1) delete the passage that begins with “Service” and ends with “whenever — ” and insert:

The Court may, subject to rule 3, grant leave to serve a person outside the Commonwealth of Australia with a writ, or notice of a writ, that begins an action if —

(3) In Order 10 rule 2 delete the passage that begins with “for service” and ends with “begun.” and insert:

to serve a person outside the Commonwealth of Australia with a writ, or notice of a writ, that begins such an action.

(4) In Order 10 rule 3 delete “Unless service is to be effected within the Commonwealth of Australia, leave” and insert:

Leave

(5) In Order 10 rule 5 delete “Where service is to be effected outside the Commonwealth of Australia, the order giving” and insert:

(1) An order made under this Order granting

(6) At the end of Order 10 rule 5 insert:

(2) If the notice of a writ is to be served under the convention referred to in Order 11A, subrule (1) is subject to that Order.

(7) In Order 10 rule 7 delete “the provisions of Rules 3, 4, 5, and 6 of this Order shall” and insert:

rules 1A, 3, 4, 5 and 6

(8) Delete Order 10 rule 9(1)(b) and insert:

(b) any country listed in Schedule 3 to the British Nationality Act 1981 (United Kingdom);

6. Order 11 amended

(1) Delete Order 11 rule 1A.

(2) After Order 11 rule 1 insert:

2A. Application

(1) If the Court receives a letter of request for service of process on a person in this State from —

(a) a court or tribunal; or

(b) a consular or other authority,

of a Convention country (as defined in Order 11A rule 1), then, unless Order 11A Division 4 applies, rule 2 or 3, as the case requires, and rules 4 and 5 apply and Order 11A Division 4 does not.

(2) If Order 11A Division 4 applies to a request referred to in subrule (1), rules 2 to 5 do not apply.

7. Orders 11A, 11B and 11C replaced

Delete Orders 11A, 11B and 11C and insert:

Order 11A — Service under the Hague Convention

Division 1 — Preliminary

Note 1. This Order forms part of a scheme to implement Australia’s obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Attorney-General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).

Note 2. This Order provides (in Division 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Division 3) for default judgment in proceedings in the Court after service overseas of such a document. Division 4, on the other hand, deals with service by the Court or arranged by the Court in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.

Note 3. The Attorney-General’s Department of the Commonwealth maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. A copy of the Convention can be found at http://www.hcch.net.

1. Terms used

In this Order —

additional authority, for a Convention country, means an authority that is —

(a) for the time being designated by that country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for that country; and

(b) competent to receive requests for service abroad emanating from Australia;

applicant, for a request for service abroad or a request for service in this jurisdiction, means the person on whose behalf service is requested;

Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Convention, to be the Central Authority for that country;

certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Convention;

certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Convention, to complete certificates of service in the form annexed to the Hague Convention;

civil proceedings means any judicial proceedings in relation to civil or commercial matters;

Convention country means a country, other than Australia, that is a party to the Hague Convention;

defendant, for a request for service abroad of an initiating process, means the person on whom the initiating process is requested to be served;

foreign judicial document means a judicial document that originates in a Convention country and that relates to civil proceedings in a court of that country;

forwarding authority —

(a) for a request for service of a foreign judicial document in this jurisdiction — the authority or judicial officer of the Convention country in which the document originates that forwards the request (being an authority or judicial officer that is competent under the law of that country to forward a request for service under Article 3 of the Hague Convention); or

(b) for a request for service of a local judicial document in a Convention country — the Registrar;

Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965;

initiating process means any document by which proceedings (including proceedings on any cross-claim or third party notice) are commenced;

local judicial document means a judicial document that relates to civil proceedings in the Court;

request for service abroad means a request for service in a Convention country of a local judicial document mentioned in rule 4(1);

request for service in this jurisdiction means a request for service in this jurisdiction of a foreign judicial document mentioned in rule 13(1);

this jurisdiction means Western Australia.

2. Provisions of this Order to prevail

The provisions of this Order prevail to the extent of any inconsistency between those provisions and any other provisions of these rules.

Division 2 — Service abroad of local judicial documents

3. Application of Division

(1) Subject to subrule (2), this Division applies to service in a Convention country of a local judicial document.

(2) This Division does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Convention.

4. Application for request for service abroad

(1) A person may apply to the Registrar, in the Registrar’s capacity as a forwarding authority, for a request for service in a Convention country of a local judicial document.

(2) The application must be accompanied by 3 copies of each of the following documents —

(a) a draft request for service abroad, which must be in the form of Form 5A Part 1;

(b) the document to be served;

(c) a summary of the document to be served, which must be in the form of Form 5B;

(d) if, under Article 5 of the Hague Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, the official language or one of the official languages of that country, a translation into that language of both the document to be served and the summary of the document to be served.

(3) The application must contain a written undertaking to the Court, signed by the practitioner on the record for the applicant in the proceedings to which the local judicial document relates or, if there is no practitioner on the record for the applicant in those proceedings, by the applicant —

(a) to be personally liable for all costs that are incurred —

(i) by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or

(ii) by the use of any particular method of service that has been requested by the applicant for the service of the documents to be served;

and

(b) to pay the amount of those costs to the Registrar within 28 days after receipt from the Registrar of a notice specifying the amount of those costs under rule 6(3); and

(c) to give such security for those costs as the Registrar may require.

(4) The draft request for service abroad —

(a) must be completed (except for signature) by the applicant; and

(b) must state whether (if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected) the applicant wants service to be attempted after the expiry of that time; and

(c) must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and

(d) may state that the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority.

(5) Any translation required under subrule (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating —

(a) that the translation is an accurate translation of the documents to be served; and

(b) the translator’s full name and address and his or her qualifications for making the translation.

5. How application to be dealt with

(1) If satisfied that the application and its accompanying documents comply with rule 4, the Registrar —

(a) must sign the request for service abroad; and

(b) must forward 2 copies of the relevant documents —

(i) if the applicant has asked for the request to be forwarded to a nominated additional authority for the Convention country in which service of the document is to be effected — to the nominated additional authority; or

(ii) in any other case — to the Central Authority for the Convention country in which service of the document is to be effected.

(2) The relevant documents mentioned in subrule (1)(b) are the following —

(a) the request for service abroad (duly signed);

(b) the document to be served;

(c) the summary of the document to be served;

(d) if required under rule 4(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c).

(3) If not satisfied that the application or any of its accompanying documents complies with rule 4, the Registrar must inform the applicant of the respects in which the application or document fails to comply.

6. Procedure on receipt of certificate of service

(1) Subject to subrule (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the Registrar —

(a) must arrange for the original certificate to be filed in the proceedings to which the document relates; and

(b) must send a copy of the certificate to —

(i) the practitioner on the record for the applicant in those proceedings; or

(ii) if there is no practitioner on the record for the applicant in those proceedings —the applicant.

(2) For the purposes of subrule (1), a certificate of service is in due form if —

(a) it is in the form of Form 5A Part 2; and

(b) it has been completed by a certifying authority for the Convention country in which service was requested; and

(c) if the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority, it has been so countersigned.

(3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subrule (1), the Registrar must send to the practitioner or applicant who gave the undertaking mentioned in rule 4(3) a notice specifying the amount of those costs.

(4) For the purposes of subrule (3), a statement of costs is in due form if —

(a) it relates only to costs of a kind mentioned in rule 4(3)(a); and

(b) it has been completed by a certifying authority for the Convention country in which service was requested.

(5) Subrule (1) does not apply unless —

(a) adequate security to cover the costs mentioned in subrule (3) has been given under rule 4(3)(c); or

(b) to the extent to which the security so given is inadequate to cover those costs, an amount equal to the amount by which those costs exceed the security so given has been paid to the Registrar.

7. Payment of costs

(1) On receipt of a notice under rule 6(3) in relation to the costs of service, the practitioner or applicant, as the case may be, must pay to the Registrar the amount specified in the notice as the amount of those costs.

(2) If the practitioner or applicant fails to pay that amount within 28 days after receiving the notice —

(a) except by leave of the Court, the applicant may not take any further step in the proceedings to which the local judicial document relates until those costs are paid to the Registrar; and

(b) the Registrar may take such steps as are appropriate to enforce the undertaking for payment of those costs.

8. Evidence of service

A certificate of service in relation to a local judicial document (being a certificate in due form within the meaning of rule 6(2)) that certifies that service of the document was effected on a specified date, is, in the absence of any evidence to the contrary, sufficient proof that —

(a) service of the document was effected by the method specified in the certificate on that date; and

(b) if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected.

Division 3 — Default judgment following service abroad of initiating process

9. Application of Division

This Division applies to civil proceedings for which an initiating process has been forwarded following a request for service abroad to the Central Authority (or to an additional authority) for a Convention country.

10. Restriction on power to enter default judgment if certificate of service filed

(1) This rule applies if —

(a) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 6(2)) that states that service has been duly effected; and

(b) the defendant has not appeared or filed a notice of address for service.

(2) In circumstances to which this rule applies, default judgment may not be given against the defendant unless the Court is satisfied that —

(a) the initiating process was served on the defendant —

(i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or

(ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to his or her residence) and that method is compatible with the law in force in that country, by that method; or

(iii) if the applicant did not request a particular method of service, in circumstances where the defendant accepted the document voluntarily;

and

(b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.

(3) In subrule (2)(b) —

sufficient time means —

(a) 42 days from the date specified in the certificate of service in relation to the initiating process as the date on which service of the process was effected; or

(b) such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.

11. Restriction on power to enter default judgment if certificate of service not filed

(1) This rule applies if —

(a) a certificate of service of initiating process has not been filed in the proceedings; or

(b) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 6(2)) that states that service has not been effected,

and the defendant has not appeared or filed a notice of address for service.

(2) If this rule applies, default judgment may not be given against the defendant unless the Court is satisfied that —

(a) the initiating process was forwarded to the Central Authority, or to an additional authority, for the Convention country in which service of the initiating process was requested; and

(b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which the initiating process was so forwarded; and

(c) every reasonable effort has been made —

(i) to obtain a certificate of service from the relevant certifying authority; or

(ii) to effect service of the initiating process,

as the case requires.

12. Setting aside judgment in default of appearance

(1) This rule applies if default judgment has been entered against the defendant in proceedings to which this Division applies.

(2) If this rule applies, the Court may set aside the judgment on the application of the defendant if it is satisfied that the defendant —

(a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and

(b) has a prima facie defence to the proceedings on the merits.

(3) An application to have a judgment set aside under this rule may be filed —

(a) at any time within 12 months after the date on which the judgment was given; or

(b) after the expiry of that 12-month period, within such time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances.

(4) Nothing in this rule affects any other power of the Court to set aside or vary a judgment.

Division 4 — Local service of foreign judicial documents

13. Application of Division

(1) This Division applies to service in this jurisdiction of a foreign judicial document in relation to which a due form of request for service has been forwarded to the Court —

(a) by the Attorney-General’s Department of the Commonwealth, whether in the first instance or following a referral under rule 14; or

(b) by a forwarding authority.

(2) Subject to subrule (3), a request for service in this jurisdiction is in due form if it is in the form of Form 5A Part 1 and is accompanied by the following documents —

(a) the document to be served;

(b) a summary of the document to be served, which must be in the form of Form 5B;

(c) a copy of the request and of each of the documents mentioned in paragraphs (a) and (b);

(d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.

(3) Any translation required under subrule (2)(d) must bear a certificate (in English) signed by the translator stating —

(a) that the translation is an accurate translation of the document; and

(b) the translator’s full name and address and his or her qualifications for making the translation.

14. Certain documents to be referred back to the Attorney-General’s Department of the Commonwealth

If, after receiving a request for service in this jurisdiction, the Registrar is of the opinion —

(a) that the request does not comply with rule 13; or

(b) that the document to which the request relates is not a foreign judicial document; or

(c) that compliance with the request may infringe Australia’s sovereignty or security; or

(d) that the request seeks service of a document in some other State or Territory of the Commonwealth,

the Registrar must refer the request to the Attorney-General’s Department of the Commonwealth together with a statement of his or her opinion.

Note. The Attorney-General’s Department of the Commonwealth will deal with misdirected and non-compliant requests, make arrangements for the service of extrajudicial documents and assess and decide questions concerning Australia’s sovereignty and security.

15. Service

(1) Subject to rule 14, on receipt of a request for service in this jurisdiction, the Court must arrange for the service of the relevant documents in accordance with the request.

(2) The relevant documents mentioned in subrule (1) are the following —

(a) the document to be served;

(b) a summary of the document to be served;

(c) a copy of the request for service in this jurisdiction;

(d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.

(3) Service of the relevant documents may be effected by any of the following methods of service —

(a) by a method of service prescribed by the law in force in this jurisdiction —

(i) for the service of a document of a kind corresponding to the document to be served; or

(ii) if there is no such corresponding kind of document, for the service of initiating process in proceedings in the Court;

(b) if the applicant has requested a particular method of service and that method is compatible with the law in force in this jurisdiction, by that method;

(c) if the applicant has not requested a particular method of service and the person requested to be served accepts the document voluntarily, by delivery of the document to the person requested to be served.

16. Affidavit as to service

(1) If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit specifying —

(a) the time, day of the week and date on which the document was served; and

(b) the place where the document was served; and

(c) the method of service; and

(d) the person on whom the document was served; and

(e) the way in which that person was identified.

(2) If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must lodge with the Court an affidavit specifying —

(a) details of the attempts made to serve the document; and

(b) the reasons that have prevented service.

(3) When an affidavit as to service of a document has been lodged in accordance with this rule, the Registrar —

(a) must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and

(b) must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.

(4) A certificate of service must be —

(a) in the form of Form 5A Part 2; or

(b) if a form of certificate of service that substantially corresponds to Form 5A Part 2 accompanies the request for service, in that accompanying form.

8. Second Schedule amended

In the Second Schedule delete Forms 5A, 5B, 5C, 5D, 5E and 5F and insert:

5A. Request for service abroad of judicial documents and certificate (O. 11A r. 4, 6 & 16)

Part 1 — Request for service abroad of judicial documents

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague, the 15^th of November 1965

Identity and address of the forwarding authority requesting service

Identity and address of receiving authority [Central Authority/additional authority]

The undersigned forwarding authority (on the application of [name and address of applicant on whose behalf forwarding authority requests service]) has the honour to transmit – in duplicate – the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e.:

(identity and address)

(a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*.

(b) in accordance with the following particular method (sub-paragraph (b) of the first paragraph of Article 5*):

(c) by delivery to the addressee, if the addressee accepts it voluntarily (second paragraph of Article 5)*.

The receiving authority [Central Authority/additional authority] is requested to return or to have returned to the forwarding authority a copy of the documents – and of the annexes* – with a certificate as provided in Part 2 of this Form on the reverse side.

List of documents

Done at ................. , the ..................

Signature or stamp (or both) of forwarding authority.

*Delete if inappropriate.

Part 2 — Certificate

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague, the 15th of November 1965

The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention:

1. that the documents listed in Part 1 have been served*

–the (date)

–at (place, street, number)

–in one of the following methods authorised by Article 5:

a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*,

b) in accordance with the following particular method*:

c) by delivery to the addressee, who accepted it voluntarily*.

The document referred to in the request, has been delivered to:

–(identity and description of person)

–relationship to the addressee (family, business or other.)

2. that the document has not been served, by reason of the following facts*:

In conformity with the second paragraph of Article 12 of the Convention, the forwarding authority is requested to pay or reimburse the expenses detailed in the attached statement*.

Annexes

Documents returned:

In appropriate cases, documents, establishing the service:

Done at ................. , the ..................

Signature or stamp (or both).

*Delete if inappropriate.

5B. Summary of the document to be served
(O. 11A r. 4)

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague, the 15th of November 1965 (Article 5, fourth paragraph)

Identity and address of the addressee [Central Authority/additional authority]:

IMPORTANT

THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE SUMMARY OF THE DOCUMENT TO BE SERVED WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEK LEGAL ADVICE.

IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED.

ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED MAY BE DIRECTED TO:

SUMMARY OF THE DOCUMENT TO BE SERVED

Name and address of the forwarding authority

Particulars of the parties

**JUDICIAL DOCUMENT

Nature and purpose of the document

Nature and purpose of the proceedings and, when appropriate, the amount in dispute

Date and place for entering appearance

Court in which proceedings pending/judgment given

**Date of judgment (if applicable)

Time limits stated in the document

Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
accountant o. 1 r. 4(1)
Act o. 46 r. 1, o. 81F r. 1(1)
action for personal injuries o. 36A r. 1
additional authority o. 11A r. 1
addressee o. 36B r. 1(1)
Admiralty Rules o. 84 r. 9(1)
ancillary order o. 52A r. 1
another court o. 52A r. 1
any relevant scale o. 66 r. 11(1)
appeal o. 65 r. 1, o. 81D r. 2A(1)
appeal notice o. 65 r. 1
applicant o. 11A r. 1, o. 11B r. 1(1), o. 52A r. 1, o. 52B r. 1, o. 75A r. 1(1)
Australian diplomatic or consular agent o. 1 r. 4(1)
case o. 29A r. 2
case management direction o. 29A r. 2
case management registrar o. 1 r. 4(1)
Cause Book o. 1 r. 4(1)
Central Authority o. 11A r. 1
Central Office o. 1 r. 4(1)
charge o. 62A r. 1(3)
civil proceedings o. 11A r. 1, o. 11B r. 1(2), o. 11C r. 1(2)(a)
competent authority o. 11A r. 1
concluded o. 65 r. 1
conduct money o. 36B r. 1(1)
confiscable property declaration o. 81FA r. 1
Confiscation Act 2000 o. 81FA r. 1
Consular agent o. 1 r. 4(1)
contemnor o. 55 r. 1
Convention country o. 11A r. 1, o. 11B r. 1(2), o. 11C r. 1(2)(a)
costs o. 1 r. 4(1)
Court expert o. 40 r. 1
court of rendition o. 81B r. 1(1)
crime-used property substitution declaration o. 81C r. 1
criminal benefits declaration o. 81C r. 1
cross-vesting laws o. 81E r. 1
defendant o. 11C r. 1(1)
described o. 52B r. 1
description o. 26A r. 1
designated authority o. 11B r. 1(1), o. 11C r. 1(2)
diplomatic agent o. 1 r. 4(1)
Director General o. 81C r. 1
document o. 26 r. 1A and 1
DPP o. 81C r. 1
Electoral Commissioner o. 65C r. 1
enforcement o. 81B r. 1(1)
enforcement order o. 29A r. 2
examination order o. 81FA r. 1
Expedited List o. 31A r. 1
Expedited List judge o. 31A r. 1
Expedited Proceeding o. 31A r. 1
expert o. 40 r. 1
file o. 1 r. 4(1)
filed o. 1 r. 4(1)
filing o. 1 r. 4(1)
first offer o. 24A r. 3(7)
folio o. 1 r. 4(1)
foreign additional authority o. 11B r. 1(1), o. 11C r. 1(2)(b)
foreign Central Authority o. 11B r. 1(1), o. 11C r. 1(2)(b)
freezing notice o. 81FA r. 1
freezing order o. 52A r. 1 and 2(1), o. 81FA r. 1
geographical address o. 1 r. 4(1)
grant o. 75 r. 1
Hague Convention o. 11A r. 1, o. 11B r. 1(2), o. 11C r. 1(2)(a)
Inactive Cases List o. 29A r. 16
independent solicitors o. 52B r. 6(1)
inspection o. 26 r. 1A
interim order o. 65 r. 1
interstate confiscation declaration o. 81FA r. 1
interstate freezing order o. 81FA r. 1
interstate lawyer o. 75A r. 1
issuing officer o. 36B r. 1(1)
issuing party o. 36B r. 1(1)
judgment o. 52A r. 1
land o. 53 r. 1
list of documents o. 26 r. 5(3)
local roll o. 75A r. 1
master o. 1 r. 4(1)
material date o. 81D r. 5(1)
mediation registrar o. 29 r. 1
mediator o. 29 r. 1, o. 29A r. 2
medical evidence o. 36A r. 1
medical report o. 36A r. 1
monitoring order o. 81FA r. 1
month o. 3 r. 1
mortgage o. 10 r. 1(2), o. 62A r. 1(2) and (3)
mortgagee o. 10 r. 1(2)
mortgagor o. 10 r. 1(2)
object o. 29A r. 3(2)(n)
objection o. 81FA r. 1
officer o. 1 r. 4(1)
official channel o. 11 r. 1
originating process o. 11C r. 1(1)
originating summons o. 1 r. 4(1)
party o. 28 r. 1(6)
person under disability o. 66 r. 24(1), o. 70 r. 1
personal property situate within the jurisdiction o. 10 r. 1(2)
place of rendition o. 81B r. 1(1)
plaintiff o. 25 r. 4
possession o. 26A r. 1
practitioner o. 1 r. 4(1)
premises o. 52B r. 1
prescribed rate o. 51 r. 7(3)
primary court o. 65 r. 1
primary court case o. 65 r. 11(1)
primary court’s transcript o. 65 r. 1
privilege o. 36A r. 1
probate action o. 1 r. 4(1), o. 73 r. 1(2)
proceeding o. 81E r. 1
proceedings o. 11C r. 1(1)
process o. 11 r. 1
production order o. 81FA r. 1
proper officer o. 1 r. 4(1)
provisional decision o. 65 r. 7(2)
receiver o. 1 r. 4(1)
record o. 52B r. 5(1)
registrar o. 1 r. 4(1)
Registry o. 73 r. 1(3), o. 75 r. 1
represented person o. 70 r. 1
request for service o. 11A r. 1
requesting party o. 11B r. 4(1)
respondent o. 52A r. 1, o. 52B r. 1
review order o. 56A r. 1(1)
RTA o. 81C r. 1
rules o. 1 r. 4(1)
rules of Court o. 1 r. 4(1)
search order o. 52B r. 1
second offer o. 24A r. 3(7)
section o. 46 r. 1, o. 56A r. 1(1), o. 81D r. 1, o. 81F r. 1(1), o. 85 r. 1(1)

service abroad of an originating process o. 11C . 1(1)
service details o. 1 r. 4(1)
settlement o. 70 r. 10(3)
Supreme Court (full bench) o. 75A r. 1
sham transaction order o. 81FA r. 1
special federal matter o. 81E r. 1
standard times o. 29 r. 1
subpoena o. 36B r. 1(1)
subpoena to attend to give evidence o. 36B r. 1(2)
subpoena to produce o. 36B r. 1(3)
sufficient time o. 11C r. 3(2)
supplementary roll of practitioners o. 75A r. 1(1)
suspension order o. 81FA r. 1
taxing officer o. 1 r. 4(1)
testamentary script o. 73 r 1(3)
the Act ...o. 1 r. 4(1), o. 38A r. 1(a), o. 39 r. 1(a), o. 39A r. 1(1), o. 44A r. 1(a),
o. 70 r. 1, o. 75 r. 1, o. 75A r. 1(1), o. 76 r. 1, o. 80A r. 1, o. 81B r. 1(1), o. 81 r. 1, o. 81E r. 1, o. 81H r. 1, o. 85 r. 1(1)
the applicant o. 56 r. 1(4)
the claimant o. 81D r. 13(1)
the Court o. 1 r. 4(2)
the examiner o. 38 r. 4(1)
the non-party o. 26A r. 3(2) and 5(1)
the potential party o. 26A r. 3(1) and 4(1)
the said Act o. 62 r. 1(1), o. 80 r. 1
these rules o. 1 r. 4(1)
third party o. 52A r. 5(5)
to file o. 1 r. 4(1)
trial o. 1 r. 4(1)
tribunal o. 31 r. 8(6)
unexplained wealth declaration o. 81FA r. 1
will o. 73 r. 1(3)
working day o. 72 r. 5A(1)
writ o. 1 r. 4(1)

GENERAL INDEX

(NOTE: References are to Order and Rule numbers. Numbers of forms refer to those in the Second Schedule)

Abuse of process

striking out pleadings for, 20/19
Acceptance of money
by person under disability, 70/10

paid into court in commercial arbitration proceedings, 81D/12
Accidental slip or omission

correction of judgment or order, 21/10
Account

books of, as evidence, 45/4
Accountant

interpretation, 1/4
Accounts
administration or execution of trusts, application for, 58/6
affidavit verifying, 45/5
allowances to be made in taking, 45/8
application for, 45/1(2)
applications of certain rules to accounts, etc., 67/17
delay in prosecution of, 45/9
directions as to mode of taking, 45/4
distribution of fund pending inquiry, 45/10
indorsement of writ in claim for, 6/6
inquiry, order for making, 45/11
interest on debts, 61/23
mode of vouching, 45/6
notice of surcharge or error, 45/7
order for payment, 45/1
originating summons for, by client against solicitor, 84/7
proceedings in chambers under judgment - see Chambers
proper officer, appointment of to expedite proceedings, 45/9
receivers’ accounts, 51/5
summary order for, 45/1
taking of, 45/2
by taxing officer, 66/60
order for, 45/11

verification of, 45/5
Actions

commencement of, 4/1
Address
geographical, 71A/2
interpretation, 1/4
for service, 71A/3
on memorandum of appearance, 12/3
removal of or withdrawal by solicitor, 8/9
to be indorsed on document or writ, 6/7

requirements for, 71A/1
Adjournment
of motion, 54/8
of originating summons, 58/28
of proceedings if registrar is taking an account or making an inquiry, 45/12
of proceedings in chambers, 59/7
from court into chambers, 59/2(2)
into court, 59/2(1)
of trial, 34/4
before referee, 35/2

in expedited list, 31A/7
Administration Act 1903

proceedings under s.144 excluded, 1/3(2)
Administration of estates
accounts
order for, 58/6
summons for furnishing, 58/2
actions for, 58/2-58/7
determination of questions without administration, 58/2
judgment and orders in, 58/5, 6
proceedings under O.61
service of notice, 61/3
originating summons, action begun by, 58/1
parties to, 58/14
relief, order for, 58/6
sale of trust property, 58/8
service of, 9/5, 58/18A
trustee’s discretion, interference with, 58/7
administrator
costs of, 66/9(2)
proceedings against, 18/14
sale of trust property, conduct of, 58/8
binding of estate where representative appointed, 18/15
claims against estate, 58/2
enquiry for next of kin, etc., 58/2(b)
interest on debts, 61/23
probate proceedings - see Probate proceedings
representation of
beneficiary, 18/14
deceased person, 18/15
unascertainable persons, 18/13
approval of compromise, 18/13(4)
judgment binding on, 18/13(3)
sale of trust property, 58/8

under direction of the Court - see Chambers
Admiralty Act 1988 (Cwlth)

proceedings under, 84/9
Admission (O.30)
by person under disability, 70/8
costs of proving document or fact not admitted, 66/3
of case of other party, notice of, 30/1
of documents
notice to admit, 30/5
specified in list or affidavit, 30/4
of facts
amendment or withdrawal, 30/2(3)
judgment on, 30/3
not traversed by pleading, 20/14
notice to admit, 30/2

order on summons for directions for, 29/2
Advertisement

for creditor etc., 61/13-61/15, Form Nos. 81, 82
Affidavits (O.37)
alterations in accounts verified by affidavit, 37/15
application for claim to money paid into court under various enactments, 84/6
confiscation declaration, application for, 81FA/4
contents of, 37/6
copies of, in orders made ex parte, 69/6
Coroners Act 1996, supporting applications under, 37/6
costs of, 37/6
cross-examination of deponent, 36/2
before examiner, 38/8
defective, use of, 37/5
description of deponent, 37/2
evidence by, at trial, 36/2
exhibits, 37/9
filing
before use, 37/13
time for, 37/14
form of, 37/2
indorsement on, 37/13(2)
irregularity in, 37/5
lot to be recited in Orders 59/10
Oaths, Affidavits and Statutory Declarations Act 2005, 37/16
of service, 72/7
originating summons, service of, 58/19
persons empowered to take, 67/3
Proceeds of Crime Act 2002 (Cwlth), evidence on applications, 81F/8
reviews under the Electoral Act 1907, 65C/10
scandalous, etc., matter striking out, 37/7
Surveillance Devices Act 1998, supporting applications under, 37/6
title of, 37/1
two or more deponents, 37/3
use of at trial, 36/2

Witness Protection (Western Australia) Act 1996, supporting applications under, 37/6
Agent
notice of change of agent, 8/3

of overseas principal, service on, 9/2
Amendment
accidental slips, 21/10
costs of
documents, 21/7
writ or pleadings, 66/3
disallowance of, 21/4
failure to amend, 21/8
fresh documents, 21/9(1)
indorsement as to, 21/9(3)
leave, application for, 21/5
mode of, 21/9
of admission as to fact, 30/2(3)
of appearance, 21/2
of documents, 21/7
of judgments and orders, 21/10
of name of party, 21/5(3)
of originating motion, 21/6
reviews under the Electoral Act 1907, 65C/8
of pleadings, 20/19, 21
in Christmas vacation, 3/3
leave, without, 21/1
to plead in alternative, 20/11
of writ
in Christmas vacation, 3/3
mode of, 21/9
on change of parties, 18/8
with leave, 21/5
without leave, 21/1
re-issue of documents, 21/9
time for, 21

without leave disallowance, application for, 21/4

Answer to interrogatories (O.27)
Appeals
by case stated or special case - see Special cases
Commercial Arbitration Act 1985 s.38(2), 81D/2A
registrar from, 60A/4-6

to General Division, O.65
Appeals to the General Division (O.65)
appeal books, 65/16
commencing, 65/10, Form Nos. 83, 84
concluding an appeal, 65/17-65/19
consent to orders, 65/15, 65/18, Form No. 87
decisions made on the papers, 65/7
discontinuance of, 65/17, Form No. 89
exhibits
return of, 65/19
interim orders, application for, 65/13, Form No. 86
interpretation, 65/1
judge's general jurisdiction, 65/4
nature of, 65/8
notification to the primary court, 65/11
party
consequences of non-attendance, 65/5
decisions made in absence of, 65/6
procedure, 65/8-65/16
request for hearing, 65/7, Form No. 88
respondent's options, 65/12, Form No. 85
settlement of, 65/18, Form No. 87
telephone
hearings by, 65/3
time for appealing, 65/9

urgent appeal order, 65/14
Appearance
amendment of, 21/2
default of, 13
detinue, claim in, 13/4
judgment in - see Judgment
liquidated demand, 13/2
liquidated demand several defendants, 13/3
mixed claims, 13/6
notice of taxing costs not necessary, 66/34
other claims, 13/8
possession of land claim for, 13/5
proof of service in, 13/1
reference to judge, 13/9
setting aside judgment, 13/10
unliquidated demand, 13/7
entry of
after judgment given, 12/5
before service of writ, 9/1(2)
by body corporate 12/1(2)
by firm, partners, etc., 71/5, 6, 7
change of parties, 18/8(3)
conditional appearance, 12/6
in cause book, 12/3
late appearance, 12/5
mode for, 12/2
time for writ served out of jurisdiction, 10/5
to counterclaim, 18/3
to notice of judgment, 61/3
to originating summons, time for, 58/16, 58/17
to origination summons, when not required, 58/18
to third party notice, 19/3
to writ amended on change, etc., of parties, 18/8
in action for recovery of land, 12/8, 9
limited defence, 12/10, Form No. 7
memorandum of, 12/2, Form No. 6
amendment of, 21/2
procedure on receipt of, 12/3
service of, 12/4
signature, 12/2(1)
setting aside
motion for, 12/7
when not required, 58/18

withdrawal of, 23/1

Application of Rules of the Supreme Court 1971 - see Rules of the Supreme Court 1971
Applications
case flow management principles to apply, 29/2
for adoption of referee’s report, 35/8, 9
for claims to money paid into court under various enactments, 84/6
hearing of in vacation, 68/7
in pending proceedings, 4/2
to set aside for irregularity, 2/2

under particular enactments - see under title of particular enactment

Arbitration - see Commercial Arbitration Act 1985, proceedings under
Arbitrator

trial before, rules applicable, 35/11
Assessment of damages
after default in entry of appearance, 13/7
after default of defence, 22/3
by master, 34/18
certificate of, 34/18(4)
evidence on, 36/6
final judgment, form 42/1, Form No. 37
to time of assessment, 34/19

writ of inquiry not to be used, 34/20
Assessors

trial of action, with, 35/1
Associate
entry of findings of fact at trial, 34/11
entry of judgment, certificate for, 34/12
exhibits
listing and numbering of, 34/13

record of proceedings at trial, 34/9
Attachment
application for discharge to be served on sheriff, 55/9(2)
for non-compliance with order
discovery of documents, 26/15
general rules applicable, 55/12
interrogatories, etc., 27/8
to enforce judgment

general rules applicable to, 55/12
Attorney General
application re taking of evidence for foreign tribunal, 39/2
service of foreign process, 11/5
service out of jurisdiction, 10/9(7)

writ of Quo warranto, information for, 56/35
Bankruptcy Act 1966 (Cwlth)

seal and records in federal bankruptcy jurisdiction, 84/4
Books
business books, production for inspection, 26/13

of account as evidence, 45/4

Breach of contract - see Contract
British Nationality Act 1948 (UK)

countries, service of process in, 10/9
British possessions

service of process in, 10/9
Business name

action against persons using, 71/12

Case evaluation conference - see Case management
Case flow management (O.29)
case management registrar
appeal from, 29/4(5), 29/4(6)
exercise of powers by, 29/4
interpretation, 1/4
court, powers of, 29
review of any proceedings, 29/2
directions hearings, 29/6
mediation conferences, 29/3
mediation registrar
conference, conducting of, 29/2(r)
interpretation, 29/1
reporting powers, 29/3(2)
mediator
conference, conducting of, 29/2(r), (ra)
interpretation, 29/1
reporting powers, 29/3(2)
objects of system, 1/4B
standard times
compliance with, 29/4
failure to comply, 29/4A
interpretation, 24/1
prescribed, 29/4(2) Table

summons for directions, 29/5
Case management (O.29A)
application of Order, 29A/1
applications to case management registrar, 29A/12, Form No. 18A
case, interpretation, 29A/2
case management direction, interpretation, 29A/2-3
conference
attendance, 26A/10
case evaluation conference, 26A/7
listing conference, 26A/8
mediation conference, 26A/11
status conference, 26A/6
directions, 29A/3, 12
amendment or cancellation of, 29A/3, 29A/13
non-compliance with, 29A/14
enforcement order, interpretation, 29A/2, 29A/4
inactive cases list
cases inactive for 12 months, 29A/18A
consequences of case being on list, 29A/20
dismissal for want of prosecution, 29A/21
interpretation, 29A/16
notification of parties, 29A/19
orders, 29A/18
inconsistencies with other rules, 29A/5
mediator, interpretation, 29/1, 29A/2
procedure if case struck out, 29A/15
service of documents, 26A/9

summons to show cause, 29A/17
Case management registrar - see also Registrar
appeals from, 29/4(5), 29/4(6)
applications to, 29A/12, 60A/2A, Form No. 18A
exercise of powers by, 29/4
interpretation, 1/4
powers of, 29A/17, 60A/2

reference of matter to master, 60A/3

Case stated (O.31) - see Special cases
Cause book
change of party to be entered in, 18/7(4)
entry and memorandum of appearance, 12/3
form of, 5/8

interpretation, 1/4
Cause of action (O.18)
amendment of writ, 21/1
joinder of causes, 18/1

separate trials of, 18/5
Central Office (O.67)
affidavits, taking by masters and registrars, 67/3
days on which office open, 68/6
deposit of documents in, 67/12
documents filed in
copies of, 67/6
dating of, 67/9
expenses for removal, 67/14
indexes of, 67/8
inspection and copy, 67/11
restriction on removal, 67/13
sealing of, 67/9
searches of index of, 67/10
duties of senior master, 67/1
exclusion of time when closed, 3/4
extension of time when closed, 3/4
interpretation, 1/4
issue of
notice of motion out of, 54/6
originating summons out of, 58/14
writ out of, 5/4
judgments and orders
drafts of, 43/6
entry of, 43/14
office hours, 68/6
officers of, may do ministerial act in office of registrar, 67/2
official seal, 67/4
petitions, judgments, awards, etc.
original to be filed, 67/7
originals to be preserved, 67/15
service of notices from, 72/6

superintendence of business by senior master, 67/1
Certiorari (O.56)
application for, 56/1
affidavits, additional, 56/8
grounds of, 56/6
amendment of, 56/6(2)
opposition to, right to be heard, 56/7
order absolute in first instance, 56/1(6), (7)
order nisi, 56/1(5)
reference by judge in chambers to court or Court of Appeal, 56/2
time for application, 56/11
title of application, 56/1
costs, 56/9(2)
order absolute in first instance, 56/1(6), (7)
order nisi
limitation to, 56/6
to quash proceedings, 56/12
without further order, 56/13
order to show cause, 56/3
service of notice of motion or order nisi, 56/4
service of order absolute, 56/9
writ
form of, 56/14, Form Nos. 67

issue and filing of, 56/10
Chambers
absence of party at, 59/7
adjournment into and from court, 59/2
administrations and trusts, questions on, 58/2
affidavit in opposition to summons, 59/5(3)
applications
mode of making, 59/3
parties to confer before making, 59/9
not required, 81FA/8
attendance on summons,
default of, 58/22
costs, 58/24
setting aside order, 58/23
further attendance, 58/25
business to be disposed of in, 59/1
commencing proceedings in, 4/1
expert assistance, 59/6
mortgages and charges, questions on, O.62A
general rules applicable to applications in, 59/7
order, form of, 59/10, Form No. 78
pending proceedings, applications in, 4/2
proceedings under judgments
attendance of person not directed to attend, 61/11
binding of person not a party, 61/3, 20
course of proceedings in chambers, 61/8
determination of question by judge, 61/27
directions as to administration of estate, etc., 61/3
directions by court as to settlement of deed, 61/4
for administration of estate or trust
advertisement for creditors, etc., 61/13-61/15, Form Nos. 81, 82
contact details on claim, 61/15A
examination and adjudication of claim, 61/17-61/19
interest on debts and legacies, 61/23, 61/24
notice of claims allowed, etc., 61/21
proof of claim out of time, 61/16
Master’s certificate, 61/25, 61/26
further consideration of matter
in chambers, 61/29
in court, 61/27
variation or discharge of, 61/28
notice of judgment, 61/3
appearance to, 61/3(6), 61/3(7)
memorandum indorsed on, 61/3(3), Form No. 80
service on person not a party, 61/3, 61/20
summons to proceed, 61/2
directions on, 61/2(3)
discharge, variation or addition to judgment, 61/3(5)
statutes construction of, applications for, 58/11, 58/12
summons for proceedings in
amendment of, 59/4(4)
filing of, 59/4
form of, 59/4, Form No. 77
general rules applicable to, 59/7
issue of, 59/4(2)
service of, 59/5
stay of proceedings, as, 59/8

written instruments, construction of, applications for, 58/10, 58/12

Change of solicitor (O.8) - see Solicitor

Chattels, delivery up of - see Detinue, Interpleader
Child

evidence of, 36/3
Christmas vacation
exclusion of certain period from time for pleading, etc., 3/3

time of, 68/3
Civil Judgments Enforcement Act 2004 rules (O.46)
applications that may be dealt with by registrar, 46/2

interpretation, 46/1
Collisions between vessels
Preliminary Act, filing of, 20/23

failure to lodge, 20/24
Commencement of proceedings

mode of, 4/1
Commercial Arbitration Act 1985, proceedings under (O.81D)
appeal
application for, 81D/2A
time for, 81D/5
arbitration awards, enforcement, 81D/11
costs, taxation of, 81D/16
evidence, custody of, 81D/9
interlocutory orders, 81D/6
matters for a judge in court, 81D/3
payment into court, 81D/12, Form No. 106
acceptance of, 81D/13, Form No. 107
non-disclosure of, 81D/15
preliminary points of law, 81D/4
subpoenas, 81D/7

title of proceedings, 81D/2, Form No. 105
Committal
for contempt of court, O.55
application for discharge, to be served on sheriff, 55/9(2)
application to court in certain cases, 55/2
other cases, 55/3, 55/4
arrest of contemnor, 55/6
disability, service of summons for on person under, 70/13
discharge or person committed, 55/9
order, form of, 55/7, Form No. 66
peremptory order, 55/11
powers of the Court, O.55
punishment, 55/7

suspension of order, 55/8

Commonwealth proceedings – see Federal jurisdiction
Compromise
construction proceedings, approval, 18/13(4)
disability, person with, 70/10-11
offer of, 24A
acceptance
failure to comply with, 24A/8
time for, 24A/3
withdrawal of, 24A/5
application, 24A/2
costs, 24A/10
disclosure to court, 24A/7
multiple defendants, 24A/9

payment, 24A/4

Concurrent writ (O.7) - see Writ of summons

Conference - see Case management

Confiscation of profits of crime under the Criminal Property Confiscation Act 2000 - see Criminal Property Confiscation Act 2000

Confiscation of profits of crime under the Proceeds of Crime Act 2002 (Cwlth) – see Proceeds of Crime Act 2002 (Cwlth)

Consent orders, 43/16
Consolidation of proceedings (O.83)
directions for, 83/3
pending causes and matters, 83/1

with actions from other courts, 83/2
Construction proceedings
approval of compromise, 18/13(4)
beginning of proceedings, 58/10, 58/11
unascertainable persons, 18/13

judgment binding on, 18/13(4)
Consular agent
interpretation, 1/4

service of process, etc., through, abroad, 10/9
Contact details of parties and others (O.71A)
court powers as to fictitious details in documents, 71A/6
documents without contact details, 71A/4
geographical addresses, 71A/2
notification of changes of information, 71A/5

requirements for, 71A/1
Contempt of court (O.55)
application for discharge of person committed, to be served on sheriff, 55/9(2)
arrest of contemnor, 55/6
by corporation, sequestration for, 55/7(3)
cases of
in the face of the Court, 55/3
non-compliance with judgment order, etc., 55/4(2)
non-compliance with undertaking, 55/11
other cases, 55/4
committal for, O.55
form of order, 55/7, Form No. 66
failure to comply with subpoena, 36B/12
form of notice or summons and service, 55/5
punishment for, 55/7

saving of other powers of court, 55/10
Contract
action in respect of, service of writ
in pursuance of, 9/3
on agent of overseas principal, 9/2
out of jurisdiction, 10/2
construction of, beginning proceedings for, 58/10
joinder of party jointly liable, 18/4(3)

relief by way of interpleader, 17/1
Contribution
claim for by defendant
against other party, 19/8
against third party, 19/1
offer of
effect on costs, 24/8

non-disclosure, 19/10
Corporation
address for service, 72/5(2)
contempt of court by, punishment for, 55/7(3)
entry of appearance by practitioner, 12/1
interrogatories, answer to, 27/6
proceedings by, to be brought by solicitor, 4/3

service on, 72/3
Corporations Act 2001 (Cwlth)

powers of registrars under, 60A/1(e)
Costs
affidavit containing unnecessary matters, 37/6(3)
amendment of
documents, 21/7
originating process, 21/6
writ or pleadings
with leave, 21/5
without leave, 66/3
appeal
costs in other courts, 66/10(2)
to General Division, discontinuance of, 65/17
assessment of costs
claim for
liquidated demand, 66/20(1)
other relief, 66/20(2)
in small claims, 66/17
limits to costs, 66/16
of solicitor payable by
own client, 66/20(4)
infant plaintiff, 66/24
on party and party basis, 66/20
payable out of fund, 66/41
scale of costs, 66/11
“any relevant scale” defined, 66/11(1)
certificate for costs of further copies of pleadings, 33/14(6)
certificate of excessive time, 34/10
conference or consultation fee, 66/18(2)
costs reserved, 66/50
counterclaim on, 66/2
apportionment on, 66/52
court expert, 40/5(2)
creditor, insufficient proof claim, 58/6
directions to defray, 29/2(1)
disability, person under, 66/24
disallowance of costs
for acting unreasonably, 66/1(2)
for undue delay, 66/5
of personal representative, 66/9(2)
discontinuance, 23/2, 3
discovery of, 66/47
discretion of the Court, 66/1
restriction on discretion, 66/9
entitlement to, following the event, 66/1
fixed by court, 66/51
freezing orders, 52A/8
further pleadings, 33/14
general rules as to, 66/1
infant plaintiff, 66/24
inspection, costs of
medical, 28/1(1)
physical objects, 28/2(3)
interim award of, 66/14
interpleader summons, 17/15, 16
interpretation, 1/4
interrogatories of, 66/47
judgment for, in default of appearance, 13
judgment, without trial, 66/20(3)
Law Officers or solicitor employed by State, 66/8
limits to, 66/16
liquidated demands, indorsement as to, in, 6/4
judgment, Master’s certificate for, settling draft, 43/13
mortgagee, 66/9(2)
offer of compromise, 24A/10
party and party, scale applicable, 66/11(3)
limits as to, 66/16
payment of, forthwith, 66/10
payment out of fund or property, 66/4
personal representative, 66/9
plaintiff under disability, 66/24
practitioner, pro bono work, 66/8A
probate in solemn form, 66/9
proceedings in chambers, non-attendance, 58/24
proving fact or document not admitted, 66/3
referee, trial before, 35/10
review of, 66/53
by judge, 66/55
by taxing officer, 66/54
certificate pending, 66/53
evidence on, 66/56
stay of proceedings for, 66/58
scale of, 66/11
matters not provided for, 66/18
no substantial trial, 66/21
not applicable, 66/13
security for, 25
search orders, 52B/7
set-off for, between parties, 66/7
several causes of actions, 66/2
several defendants, 66/2
small claims, 66/17
solicitor
account between client and, 66/61
appointed as guardian ad litem, 66/6
liability for, 66/5
payable by infant plaintiff, 66/24
payable by own client, 66/11(3)
limits as to, 66/16
special case, agreement for cost, 31/6
special circumstances, 66/23
specific claim, not necessary, 20/2
subpoenas, compliance with, 36B/11
subsequent applications to summons for directions, 29/7
summary judgment, applications for, 14/8
taxation of costs
adjournment into court, 66/46
allowances on, 66/19
apportionment of costs, 66/52
bill of costs, form of, 66/42
certificate for set-off and delay, 66/59
commercial arbitration, in, 81D/16
costs fixed by court, 66/51
costs payable out of fund, 66/41
costs reserved, 66/50
counterclaim or apportionment of costs, 66/52
default of party entitled to, 66/40
delivery of bill and vouchers, 66/36
failure to deliver, 66/37
on motion of taxing officer, 66/39
enforcement of certificate of taxation, 66/57
entitlement to, 66/32
examination by taxing officer, 66/44
in absence of party, 66/38
interrogatories, discovery, 66/47
mode of beginning taxation proceedings, 66/32
motion or application, of, 66/48
stood over to trial, 66/49
notice of, not necessary, 66/34
notification of time appointed for, 66/33
time for notice, 66/35
powers of taxing officer, 66/44
questions of fact, 66/43
reference to court by taxing officer, 66/45
review of, 66/53-56
scale as to, 66/11(3), 16
solicitor, delay by, 66/37
taking of accounts by taxing officer, 66/60
interim certificate in, 66/61
third party proceedings, 19/12
time for dealing with, 66/10
trial, no substantial, 66/21
trustee, 66/9(2)

witnesses, allowances to, 66/11(5)
Counsel

fees to, 66/11(4)
Counterclaim (O.18) - see also Pleadings, Service
after dismissal of action, 18/2
against additional party, 18/3
adding party to title of action, 18/3
appearance to
judgment, etc., in default, 18/3(4)
place of entry, 18/3(5)
joining of party, 18/3(1)
notice to be endorsed on copy for service, 18/3(5)
right of party to defend, 18/3(2)
service on, 18/3(4)
time for service on, 18/3(3)
against plaintiff
addition of to defence, 18/2
joinder of causes, 18/2
judgment on, 18/2(4)
proceeding with, after judgment, 18/2(3)
amendment of, 21/3
change of party, 18/9(2)
default of defence to, 22/8
discontinuance of, 23/2(4)
effect on third party proceedings, 19/11
joinder of issue, 20/15(3)
matters to be pleaded, 20/18
separate trial of, 18/5
stay of execution pending trial of action, 14/3(2)
striking out of, 18/5
after death of party, 18/9
summary judgment on, 14/6

residue of counterclaim, 14/9
Court

interpretation, 1/4(2)
Court expert (O.40)
appointment of, 40/2
cross examination of, 40/4
experiment and tests, 40/2(2)
interpretation, 40/1
remuneration of, 40/5
report of, 40/3

fee for, 40/5(1)
Court of Appeal
appeals to
by special case, O.31

approval of settlement by person under disability where appeal before, 70/10A
Criminal and Found Property Disposal Act 2006 (O.81G)
appearance to claims under, 81G/4
claims under, 81G/3-8, Form No. 108
defending claims under, 81G/5

general, 81G/2
Criminal Property Confiscation Act 2000 (O.81FA)
affidavits in support of applications, 81FA/4
confiscation declarations
application for, 81FA/2, Form No. 64
declarations
application for, 81FA/3, Form No. 75
directions
summons for, 81FA/7
freezing notices
registration of, 81FA/10
objections to confiscation, 81FA/5, Form No. 75
orders
application for, 81FA/3, Form No. 75
interstate, 81FA/11
powers of registrars under, 60A/1(f)
representative defendant, 81FA/9
service of documents on DPP, 81FA/6
summons

application of O.59 r.9 to, 81FA/8
Cross-vesting (O.81E)
application of Order, 81E/2
proceedings
commencement of, 81E/3
conduct of, 81E/11
transfer of, 81E/7-10
special federal matters, 81E/4

summons for directions, 81E/6

Crown privilege, O.26 R.14

Damages - see Assessment of damages
Death
of party, 18/7-18/9
of party before judgment given, 34/16
of person entitled to fund in court, 24/11

representation of interest of deceased person, 18/15
Debt - see also Liquidated demand
attachment of - see Attachment of debts

interest on debt of deceased, 61/23
Declaratory judgment

jurisdiction to give, 18/16
Deeds
construction of, beginning of proceedings for, 58/10

settling by court, directions as to, 61/4
Defamation
conduct of trial, 34/6
evidence in mitigation of damages, 34/6
indorsement of writ in libel actions, 6/2, 6/3
particulars to be included in indorsement, 6/2
particulars to be included in pleading, 20/13, 13A

statement of claim not to be endorsed on writ, 6/3

Default of pleadings (O.22)
Defence - see also Pleadings
joinder of issue on, 20/15
judgment in default - see Judgment
leave to defend on application for summary judgment, 14/4
directions for, 14/7
time for service of defence, 20/4
limited, 12/10, Form No. 7
of set-off, 20/17
of tender, 20/16
striking out
on failure to answer interrogatories, 27/8
on failure to give discovery, 26/15
time for service, 20/4
to counterclaim, 20/18
amendment of, 21/3
default of, 22/8

withdrawal of, 23/2(4)
Defendant
acceptance of service by solicitor, 9/1(2)
in person, appearance or defence by, 12/1
overseas, service of writ on agent, 9/2
representative capacity, indorsement on writ, 6/5

representative in proceedings under the Criminal Property Confiscation Act 2000, 81FA/9
Definition of terms (O.1 R.4)
appeals to the General Division, 65/1
case flow management powers of the court, 29/1
case management, 29A/2
inactive cases list, 29A/16
Civil Judgments Enforcement Act 2004 rules, 46/1
Commercial Arbitration Act 1985 proceedings, 81D/1
confiscation proceedings, 81F/1, 81FA/1
contemnor, 55/1
court experts, 40/1
Criminal Property Confiscation Act 2000 proceedings, 81FA/1
cross-vesting, 81E/1
disability, 70/1
discovery
and inspection, 26/1A
from non-parties and potential parties, 26A/1
Electoral Commissioner, 65C/1
Escheat (Procedure) Act 1940 applications, 80/1
examination of witnesses outside the State, 38A/1
Expedited List, 31A/1
expert evidence, 36A/1
Federal Courts (State Jurisdiction) Act 1999 proceedings, 85/1
Foreign Judgments Act 1991 (Cwlth), 44A/1
freezing orders, 52A/1
Inheritance (Family and Dependants Provision) Act 1972 proceedings, 75/1
judgments in default of appearance under Hague Convention, 11C/1
land, 53/1
Legal Practice Act 2003, admissions under, 75/1
Magistrates Court Act 2004, review orders, 56A/1
probate proceedings, 73/1
Proceeds of Crime Act 2002 (Cwlth) rules, 81F/1
Public Notaries Act 1979 rules, 76/1
Road Traffic Act 1974 rules, 81C/1
Royal Commission (Custody of Records) Act 1992 applications, 80A/1
search orders, 52A/1
Service and Execution of Process Act 1992 (Cwlth) proceedings, 81B/1
service of foreign process, 11/1
under Hague Convention, 11A/1
service of judicial process under Hague Convention, 11B/1
subpoenas, 36B/1
Surveillance Devices Act 1998 proceedings, 81H/1
time, O.3

Trans-Tasman proceedings, 39A/1
Delay in proceeding
costs occasioned by, 66/5
elimination of, as goal of court, 1/4A

notice of intention to proceed, 3/7
Denial
by joinder of issue, 20/15

by pleading, 20/14

Deposition, evidence by (O.38) - see also Evidence
Detinue
judgment in default, Form No. 35
of appearance, 13/4
of defence, 22/4
order to deliver up chattels, 14/10

summary judgment, 14/10
Diplomatic agent
interpretation, 1/4

service of process through, abroad, 10/9
Directions - see also Case flow management, Case management
expedited list, in, 31A/5
hearings, 29/6
matters which may be considered, 29/2
on hearing of originating summons, 58/27
on interlocutory applications, 52/7

summons for - see Summons for directions
Disability, person under (O.70)
appeals to the General Division
discontinuance of, 65/17, Form No. 89
settling of, 65/18
change of party on death, etc., 70/6
compromise before action by, 70/11
compromise of action by, 70/10
compromise of appeal by, 70/10A
costs, taxation of, 66/24
discovery by, 70/9
Fatal Accidents Act 1959, claims under, 70/11
guardian ad litem, proceeding by, 70/2
appointment of, 70/3
in probate action, 70/4
where appearance not entered, 70/5
removal of, 70/7
representation by solicitor, 70/2(3)
interpretation, 70/1
interrogatories to, 70/9
money recovered by, control of, 70/12
next friend, proceeding by, 70/2
appointment of, 70/3
in probate action, 70/4
removal of, 70/7
representation by a solicitor, 70/2(3)
payment into court, acceptance of by, 70/12
pleadings, admissions by, not to be implied, 70/8
probate action
appearance, entry of, 70/4
appointment of next friend or guardian ad litem, 70/4
writ, issue of, 70/4
service on, 70/13
stated case, leave required for, 31/4

stay of proceedings pending appointment of another guardian or next friend, 70/7
Discontinuance (O.23)
of action, 23/2
costs, 23/2(2), 3, 4
of counterclaim, 23/2(4)
of summons, 23/5
judgment for defendant’s costs, form of, 23/2, Form No. 43
probate actions, 73/18
proceeding with counterclaim after, 18/2

stay of subsequent proceedings until costs paid, 23/4
Discovery of documents (O.26, O.26A)
after entry for trial, 33/10
application of Order 26, 26A/6
certificate re duty of discovery, 26/15A
co-defendant’s list, 26/5
continuing obligation to give, 26/2
costs, 26A/7
description of potential party, interpretation, 26A/1
determination of issue before, 26/3
disability by person under, 70/9
“document”, interpretation, 26/1A, 26A/1
from a non-party, 26A/5
from a potential party, 26A/4
list of documents
affidavit verifying, 26/1(4)
by State, 26/4(4)
form of, 26/4, Form No. 18
form of, 26/4, Form No. 17
non-compliance with order for, 26/15
non-disclosure on ground of public interest, 26/14
order for, 26/3, 7, 8
for discovery of particular document, 26/6
possession, 26A/1
privilege from production, 26/4(2), 12
procedure, 26/8A
revocation of orders, 26/16
to identify a potential party, 26A/3
trial before referee, 35/4

without order, 26/1
Dismissal of action
after decision of preliminary issue, 32/7
cases on inactive cases list, 29A/21
for want of prosecution, 33/2(2)
in default of
answer to interrogatories, 27/8
discovery, etc., 26/15
entry for trial, 33/2
filing Preliminary Act, 20/24
service of statement of claim, 22/1
on failure to give discovery, 26/15
on striking out of pleading, 20/19
proceeding with counterclaim after, 18/2

taxation of costs without order, 66/32(2)
Distribution of fund

before all entitled persons ascertained, 45/10
Documents - see also Under name of particular document
admission - see Admission
amendment of, 21/7
failure to amend, 21/8
contact details, O.71A
copies of
for other party, 69/4
indorsement of, 69/5
cover, indorsements on, 69/2
deposited in Central Office for safe custody, etc., 67/12
discovery - see Discovery of documents
documentary evidence - see Evidence
exhibited to affidavit, 37/9
filing (see also Central Office)
electronic (by fax or via Court’s website), 67/9, 67/19, 67/20
general, 67/9, 67/10
fresh document after amendments, 21/9
impounded documents, 34/17
delivery of, 34/17
interpretation, 26/1A, 26A/1
irregularity, setting aside for, 2
lodging
on entry for trial, 33/14
on order of the Court, 67/12
master’s directions as to, 69/2
notice to admit, 30/5 - see also Admission
office copies of, 67/15
ordered to be printed, 69/3
preservation in Central Office of written admissions of evidence, awards etc, 67/15
printed, etc., documents, 69/1
production of
at trial, 36/11
before master on assessment of damages, 34/18
for referee, 35/4
on entry of judgment, 42/4
on taxation of costs, 66/44
original in chambers, 61/8
otherwise than at trial, 36/11
subpoena - see Subpoenas
to court, 26/9
to examiner, 38/7
proof of document not admitted, costs of, 66/3
quality of and size of paper, 69/2
removal of, from Central Office, 67/13
requirements as to, 69/2
return of, after trial, 34/15A

service of - see Service

Drawing up judgments and orders - see Judgment, drawing up and entry, Order, drawing up and entry

Driver’s licence - see Road Traffic Act 1974 rules
Easter
Central Office, closing during, 68/6

vacation, 68/3
Electoral Act 1907
proceedings in Court of Disputed Returns under Electoral Rules 1908 excluded, 1/3(2)
reviews under, 65C
affidavits, 65C/10
amendment of grounds, 65C/8
application for review, 65C/3, 65C/4
application of Rules of the Supreme Court 1971, 65C/12
hearing of review, 65C/5, 65C/6
order, 65C/11
review book, 65C/7

right to be heard in opposition, 65C/9
Electoral Commissioner
interpretation, 65C/1

review of decisions by Supreme Court, 65C
Enforcement of judgments - see also Attachment, Attachment of debts, Civil Judgments Enforcement Act 2004 rules, Committal, Possession of land, Receiver, Sequestration
in possession action against several defendants
in default of appearance, 13/5
in default of defence, 22/5
means of
attachment, 55
committal, 55
interlocutory injunctions, interim preservation of property, 52
receivers, 51
sale of land by the Court, 53
of foreign court - see Foreign proceedings
partnerships, in action between partners, 46/3
possession of land
default of appearance, 13/5

default of defence, 22/5

Enforcement orders - see Case management

Entry of special case, O.31 R. 5
Entry for trial (O.33)
adjournment, application for, 33/8B
certificate of readiness, 33/8
circuit court sittings, 33/7
countermand, application to, 33/9
by consent, 33/11
entry by defendant, 33/2
entry by plaintiff, 33/1
form of, 33/4
lapsing of, 33/12(2)
interlocutory applications, after, 33/10
notice of entry, 33/3(1)
affidavit of service of, 33/8A
papers for judge, 33/14
Perth sittings, 33/6
time of trial after, 33/5

time for entry, 33/2(3)
Errors

in judgments or orders, from accidental slip, etc., 21/10
Escheat Procedure Act 1940
affidavit verifying claim, 80/5
application for order of Escheat, mode of, 80/2
costs, 80/8
evidence at hearing, 80/4
inquiry, direction for, 80/4
interpretations, 80/1
notice under section 5 of the Act, 80/3, Form No. 99
order of Escheat, 80/7, Form No. 100

trial, order for, 80/6
Evidence (O.36)
before examiner, after entry for trial, 33/10
by affidavit, 36/2, 5
cross examination on, 36/2
oral examination, 36/2
by commission, order for examination of witnesses, 39, Form No. 30
by deposition
taking of before examiner of the Court, 38
mode of taking, 38/11
use of, at trial, 36/7
by oral examination, 36/1
by production of documents, 36/11
case flow management principles to apply, 29/2
children, of, 36/3
court documents, 36/8
defamation cases, 34/6
documentary evidence in chambers, 61/8
documents, production of - see Documents
exhibits
listing of, 34/13
expert evidence, directions re, 29/2(5)
return of, 34/14
expert evidence, limitation of 36A/5
failure of opening party to adduce at trial, 34/5(3)
for foreign court, obtaining of - see Foreign proceedings
manner of giving, 36/1
revocation or variation of order as to, 36/5
mitigation of damages in defamation, 34/6
order of adducing, at trial, 34/5(2)
originating summons procedure, 58/19
directions on, 58/27(2)
perpetuation of testimony, 38/15
plans, etc admissibility of, 31A/9, 36/4
directions as to, 29/2(o), 29/2(p)
subpoenas, 36B, Form No. 22, 23, 23A
taken in other proceedings, 36/9
use of in subsequent proceedings, 36/9
view by Court, 34/7

witness outside state, examination of, 38A, Form Nos. 26, 28, 29
Evidence Act 1906
application of 36/1
examination of witnesses outside state under ss.110 and 111, 38A
master’s powers under, 60/1(5)

taking evidence for foreign courts under ss.116 and 117, 39

Evidence and Procedure (New Zealand) Act 1994 (Cwlth) - see Trans-Tasman proceedings
Examiner of the Court (O.38, 38A, 39)
appointment of, 38/1
forms of order for, Form No. 25
documents, production for, 38/7
fees and expenses of, 38/16
examination outside state, 38A/7
foreign courts, taking evidence for, 39/4
order for payment of, 38/17
mode of taking deposition, 38/11-12
oaths, administration of, 38/14, 39/4A
practice, taking of evidence, 38/8
special report, 38/13
time and place of examination, 38/6
witness
additional witnesses, 38/10
attendance of, before, 38/4, 38/5

expenses of, 38/9
Exchange of land

by order of Court, 53/6
Execution - see also Enforcement of judgments, Interpleader, Possession of land, Sequestration
of judgment against third party, 19/7
sale of goods on interpleader by sheriff, 17/9
sheriff, by - see Sheriff

stay of, pending trial of counterclaim, 14/6
Executor - see also Personal representative
accounts, order for, 58/6
execution of trust under direction of Court - see Chambers

representation of beneficiary by, 18/14
Exhibits
custody of, in commercial arbitration proceedings, 81D/9
listing of, 34/13

return of, 34/14
Expedited list (O.31A)
amendments to pleadings, 31A/6
directions, 31A/5
documents, heading of, 31A/3
entry into, 31A/2
interrogatories, application to, 31A/8
mediation conference, 31A/10
plan, photograph or model, procedure to produce, 31A/9
referee
appointment of, 31A/11(1), 35
report of, 31A/11
removal from, 31A/13
timetable for trial, 31A/4
trial
adjournment of, 31A/7

entry for, 31A/12
Experiments and tests

by court expert, 40/2(2)
Expert evidence (O.36A)
application, mode of, 36A/8
definitions, 36A/1
direction under case flow management, 29/2(5)
disclosure of, 36A/3(4), 36A/6
limitation of, 36A/5
medical evidence, personal injuries, 36A/2
other expert evidence, application for directions, 36A/3(2)

privilege, derogation of, 36A/7
Experts
assistance of, in chambers, 59/6
court expert
interpretation, 40/1
calling of by Court, 40

fees, 40/5

Extension of time - see Time

Extraordinary driver’s licence - see Road Traffic Act 1974 rules
Fatal Accidents Act 1959
costs in proceedings under, 66/24
person under disability
compromise before action, 70/11
compromise of action by, 70/10
compromise of appeal by, 70/10A

control of money recovered, 70/12
Federal Courts (State Jurisdiction) Act 1999 (O.85)
ineffective judgment
application for order under s.10, 85/6
registration of, 85/3, 4, 5
proceedings in a Commonwealth court
application under s.11, 85/7
effect of order under s.11, 85/8

proceedings under, title of, 85/2
Federal jurisdiction

application of Rules of the Supreme Court 1971, 1/3(3)
File to see also Central Office and under name of particular document

interpretation, 1/4
Folio

interpretation, 1/4

Foreclosure - see Mortgage actions
Foreign Judgments Act 1991 (Cwlth) (O.44A)
enforcement of judgment, 44A/11
determination of questions, 44A/12
judgment, certified copy of, 44A/13
register, keeping of, 44A/7
registration
application for, 44A/3
evidence in support of, 44A/4
notice of, 44A/8
order for, 44A/6
security for costs, 44A/5
setting aside, 44A/10

service, indorsement of, 44A/9
Foreign proceedings
evidence for foreign court, etc., obtaining, 39
depositions, transmission of, 39/5, Form No. 31
Evidence Act 1906
applications under s.116, 39/2
orders made under s.117, 39/3, Form No. 30
examiner
power to administer oaths, 39/4A
remuneration, 39/4
privilege claimed by witness, 39/6
foreign judgments, registration and enforcement of - see Foreign Judgments Act 1991 (Cwlth)

service of foreign process, 11 - see also Hague Convention
Forfeiture

summary judgment, relief against forfeiture after, 14/11
Forms - Second Schedule
master may prescribe, 67/16

references to, Forms, 1/6
Fraud
allegation of, to be specifically pleaded, 20/9
particulars of, in defence, 20/13

statement of claim based on, not to be endorsed on writ, 6/3

Freezing notices - see Criminal Property Confiscation Act 2000
Freezing orders (O.52A)
ancillary orders, 52A/3
application, service outside Australia, 52A/7
costs, 52A/8
interpretation, 52A/1

order against judgment debtor or third party, 52A/5
Funds in court
claims, under various enactments, 84/6

investment of, application for, 59/1(5)
Gas Pipelines Access (Western Australia) Act 1998

proceedings under Commercial Arbitration Act 1985, application to, 81D/1A
General rules (O.84)
no revival of repealed orders and rules, 84/1
practice not provided for in R.S.C., 84/2
publication of written reasons for judgment, 84/3

seal and records in federal bankruptcy jurisdiction, 84/4
Geographical address

interpretation, 1/4
Good Friday
Central Office closed on, 68/6
Easter vacation commences on, 68/3

item expiring on, 3/4

Guardian ad litem - see Disability, person under

Guardianship and Administration Act 1990 (O.70) – see Disability, person under
Habeas Corpus (O.57)
application for, 57/1
ex parte, 57/2
filing of copy writ, 57/5
power of Court to release, 57/4
procedure on hearing, 57/9
return of writ, 57/6
requirements on return, 57/8
service of writ, 57/7
writ
contents of order for issue of, 57/6
form of, 57/10, Form No. 73

notice of, 57/7, Form No. 72
Hague Convention
service of foreign judicial process, 11A, Form Nos. 5A, 5B
affidavit of, 11A/5
application of order, 11A/2
certificate of, 11A/6
method of, 11A/4
request for, 11A/3, Form No. 5D
service of judicial process, 11B
application of order, 11B/2
certificate
as evidence of service, 11B/8
procedure on receipt, 11B/6, Form No. 5E
costs, payment of, 11B/7
documents, 11B/4, 5, Form Nos. 5C, 5D, 5F
judgment in default of appearance, 11C/3, 5
setting aside of, 11C/7

records at Registry, 11B/3
Holiday
Central office closing on, 68/5

time expiring on, 3/4

Inactive cases list - see Case management, inactive cases list

Incapable person - see Disability, person under
Indemnity
claim against other party, 19/8

claim against third party, 19/1

Infant - see Disability, person under
Inferior court
certiorari, writ of, to 56/11

prohibition, writ of, to 56/30
Inheritance (Family and Dependants Provision) Act 1972 (O.75)
application, mode of, 75/2
copy summons to be filed with probate file, 75/3
extension of time, 75/9
inquiry by court, 75/5
order to be endorsed on Probate, 75/8
parties, addition of, 75/6

representative defendant, 75/7
Injunction
ancillary to appointment of receiver, 51/1(2)
on order for summons for appointment of receiver, 51/1(4), Form Nos. 61, 62
application for, 52/1
directions as to further proceedings, 52/7
compensation payable, 52/9, 10

order for early trial, 52/5
Inquiries (O.45)
application for, 45/1
delay in prosecution of, 45/9
directions as to, 45/4
distribution of fund pending, 45/10
making of
at direction of the Court, 45/2
by other party, 45/7

numbering of, 45/5
Inspection

by judge or jury, 34/7
Inspection of documents (O.26)
after entry for trial, 33/10
claim of privilege, 26/12
costs of preparation of document, 26/11A
failure to give inspection, 26/9
impounded documents, 34/17
“inspection”, interpretation, 26/11A
of document referred to in list, 26/8(1)
of document referred to in pleadings and affidavits, 26/8(2)
order for production of documents, 26/10
non-compliance with, 26/15
of business books, 26/13
to Court, 26/10
revocation, etc., of orders, 26/16
withholding on ground of public interest, 26/14

without order, 26/1
Inspection of physical objects (O.26 R. 2)

after entry for trial, 33/10
Interest
certification of, 84/8
default judgment for, 13/2, 22/2
for the purposes of the Supreme Court Act 1935 s.32, 36/20
on debt due from estate, 61/23
on legacy, 61/24
on liquidated demand, rate of, accruing after date of writ, 13/2
on money due from receiver, 51/7(2)

pleading claim for, 20/9(4)
Interim preservation of property (O.52)
allowance for income pending hearing, 52/8
application for injunction, 52/2
directions Court may give, 52/7
disposal of perishable property, 52/4
early trial, order for, 52/5
recovery of personal property under lien, 52/6

taking of samples, etc., 52/3
Interlocutory applications
after entry for trial, 33/10
application for receiver, 52/1
directions as to further proceedings, 52/7
discretion to dispense with proceedings, 29/2(e)
mode of, 4/2
parties to exchange memoranda before hearing, 29/2(f)

time for making, 29/5
Interlocutory order

service out of the jurisdiction, 10/7
Interpleader (O.17)
relief by way of, 17
claimant’s failure to appear, 17/8
defendant, 17/3
evidence in, 17/2
order on summons, 17/5
questions of law only, 17/7
return of summons for, 58/18A
sale of goods, 17/9
stay of proceedings, 17/4
summary determination, 17/6
time for, by defendant, 17/3

trial of interpleader issues, 17/10
Interrogatories (O.27)
after entry for trial, 33/10
answer by corporations, 27/6
disability, by person under, 70/9
evidence by deposition, 38/3
expedited list, application to, 31A/8
failure to comply with order, 27/8
insufficient answer, 27/7
objection to answer, 27/5
order for further answers, 27/7
party required to answer, 27/3
revocation and variation of orders, 27/10
time for statement in answer, 27/2

use of answers at trial, 27/9
Irregularity (O.2)

in proceedings, setting aside for, 2/2
Judge
appeal to from registrar, 60A/6
inspection by, 34/7
jurisdiction in appeals to the General Division, 65/4
naming of in judgment or order, 43/3
proceedings referred by master, 60/2

trial by, 32/3
Judgment - see also Summary judgment
accounts
directing taking of, 45/3
mode of, 45/4
admissions, on, 30/3
after death of party, 34/16
after decision of preliminary issue, 32/7, Form No. 42
after partial determination of issues, 41/3
after trial, 42/1, Form Nos. 39, 40, 41, 42
of preliminary issue, 32/7, Form No. 42
amendment of, 43/5
clerical mistakes in, 21/10
appearance, entry of, after, 12/5
at or after trial, 34/8
assessment of damages, after, 34/18
authentication of, 43/3
before master or special referee, 42/1, Form No. 41
bespeaking, time for, 43/6
binding of person not a party, 61/20
service of judgment for, 61/3
costs of discontinuance, form of judgment for, 23/2, Form No. 43
counterclaim, for balance of, 18/2(4)
date of effect of, 42/2(1)
dating of, 42/2(2)
declaratory judgment, 18/16
default judgment for
detention of goods, 13/4, 22/4, Form No. 35
liquidated demand, 13/2, 22/2, Form No. 32
possession of land, 13/5, 22/5, Form No. 36
unliquidated demand, 13/7, 22/3, Form No. 34
draft to be lodged, 43/6
drawing up and entry, O.43
default of party in, 43/1
default of attendance on settling draft, 43/9
documents to be produced, 42/4, 5
original petition, submissions, etc., to be filed, 67/7
drawing up not necessary, 43/2
duplicate to be issued, 43/4
enforcement of - see Enforcement of judgments, Execution
engrossment of, 43/12
entry of in books, 42/1, 43/14
errors in, 21/10
filing of, 43/14
foreign judgments - see Foreign proceedings
form of, 42/1
freezing order against judgment debtor, 52A/5
given in absence of party at trial, setting aside, 34/3
in default of appearance, 13
against third party, 19/5
entry of in claim for
detinue, 13/4
liquidated demand, 13/2, 3
mixed claims, 13/6
possession of land, 13/5
unliquidated damages, 13/7
reference to judge in case of doubt, 13/9
service under Hague Convention, 11C
setting aside, 13/10
in default of defence
claim for
detinue, 22/4
liquidated demand, 22/2
mixed claims, 22/6
other claims, 22/7
possession of land, 22/5
unliquidated damages, 22/3
multiple defendants, 22/5(2)
to counterclaim, 22/8
mandatory judgment
service on person under disability, 70/13(7)
specification of time for doing act, 42/3
mode of obtaining, 41/1
mortgage actions, in default of appearance, 62A/2, 4
motion for judgment
inferences of fact on, 41/5
setting down, 41/2
leave for, 41/4
time for, 41/2, 4
by plaintiff, 41/2(1)
by defendant, 41/2(2)
trial of other issues, 41/3(2)
where some issues only determined, 41/3(1)
naming of judge, master, etc., 43/3
numbering of directions, 45/3
on admissions of fact, 30/3
on application for third party directions, 19/4(3)
on failure to answer interrogatories, 27/8
on failure to give discovery, 26/15
on striking out of pleading, 20/19
order for entry of, time for, 34/8
proceedings under, 61
party acting in person, consent to, 42/8
petition, admissions, submissions, etc., to be filed with judgment, 67/7
proceedings under, 61
publication of written reasons for, 84/3
registrar to settle draft of, 43/6-11
representative proceedings, 18/12
sealing of duplicate, 43/4
setting aside
in default of entry of appearance, 13/10
in default of entry of defence, 22/10
non-appearance at trial, 34/3
settling draft judgment, 43/6-11
slip rule, 21/10
summary, application by defendant, 16
summary, application by plaintiff, 14/1, 2
summons to proceed under, 61/2
directions on, 61/2(3)
third party proceedings, 19/5, 7
trial by judge with jury, 42/1, Form No. 40

trial by judge without jury, 42/1, Form No. 39

Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth) - see Cross-vesting

Jurisdiction of Courts (Cross-vesting) Act 1987 (WA) - see Cross-vesting
Jury
application for trial by, 32/2

mode of trial of issue of fact by, 32/6
Land
action for possession, service of writ, 9/4
addition of party in action for possession of land, 18/10
mortgages and charges, originating summons for foreclosure etc., 62A
possession of land
default of appearance, 13/5
default of defence, 22/5
recovery of
entry of appearance by defendant not named, 12/8, 9
limited defence, 12/10
recovery of, judgment in default of appearance, 13/5
sale, mortgage, exchange, partition of, by the Court, 53

vendor and purchaser, questions between, on sale of, 58/13
Legacies

interest on, 61/24
Legal Practice Act 2003
admission under s.30(2), 75A
entry on Roll, 75A/4
mode of application, 75A/2

taking of oath or affirmation, 75A/3
Letter of request
order under Evidence Act 1906, ss.110 or 111, 38A/5, Form No. 26
taking evidence outside state, 38A/3, Form No. 28

undertaking as to costs of, 38A/5(a), Form No. 29

Letters of administration - see Administration of estates; Probate proceedings

Libel - see Defamation
Liquidated demand - see also Debt
indorsement of writ, 6/4
judgment for
in default of appearance, 13/2
in default of defence, 22/2

rate of interest, 13/2

Listing conference - see Case management
Magistrates Court Act 2004, review orders under (O.56A)
hearing of review order, 56A/5
interpretation, 56A/1
making of application, 56A/2
making and service of final order, 56A/6
procedure on application, 56A/3

service of review order, 56A/4
Mandamus (O.56)
absolute order in first instance, 56/1(7)
applicant, interest of, 56/15
application for, 56/1
evidence, 56/1, 56/8, 56/15
statement of grounds, 56/6
time for, 56/27
costs, 56/9
Court of Appeal, adjournment to, 56/2
interpleader in, proceedings in nature of, 56/25
motion, entitling of, 56/1(2)
no abatement on death, etc., of officer, 56/26
opposition, right to be heard, 56/7
order absolute, in certain cases, 56/1(6)
order nisi in first instance, 56/1(5)
grounds in, limitation of application to, 56/6
order to show cause, 56/3
protection of persons obeying order, 56/29
service of order or notice of motion, 56/4, 56/9
writ
form of, 56/16, Form No. 69
issue and filing of, 56/10
peremptory writ, 56/23
costs on, 56/24
order in lieu of, 56/28
return on, 56/20
judgment on return, 56/22
pleading to, 56/21
service of, 56/20(2)

time for, 56/17

Mandatory judgment or order - see Judgment; Order
Masters
accounts and inquiries by, 45/11
affidavits and oaths, power to take, 67/3
appeals to from registrar, 60A/6
assessment of damages by, 34/18
certificate by, as to amount of judgment, 42/6
certificate of
as to damages, 34/18
as to proceedings in chambers, 61/25, 61/26
documents, directions as to, 69/2
forms, power to prescribe, 67/16
inquiry and report by, 35/11
evidence at inquiry, 36/6
interpretation, 1/4
judgment, after trial before, form, 42/1, Form No. 41
jurisdiction of, 58/30, 56/60, O.60
probate actions, by guardian ad litem or next friend, consent of, 70/4
reference of matter to judge or Court of Appeal by, 60/2
reference of question of fact to, 35/11
trial before, 35/11

evidence at, 36/6
Mediation conference - see also Case flow management, Case management
conduct of, 29/3
directions as to, 29/2(r), 29/2(ra)

expedited list, parties on, 31A/10

Medical examination of parties (O.28 R.1)
Mental patient

proceedings by or against - see Disability, person under
Ministerial act required to be done by a registrar

act may be done by another officer of the Court, 67/2

Mistakes, 21/10
Models

admissibility in evidence, 36/4

Money paid into court - see Payment into and out of court
Month

interpretation, 3/1
Mortgage of land

by order of the Court, 53/6
Mortgagee

costs of, 66/9(2)
Mortgage actions (O.62A)
action by writ, judgment in default, 62A/4
application of order, 62A/1
foreclosure in redemption action, 62A/5

originating summons, judgment in default, 62A/2, 62A/3
Motion
affidavit evidence on, 36/2(3)
application by, in originating proceedings, 4/1(c)
application by, in pending proceedings, 4/2(a)
ex parte, 4/2
notice of - see Notice of motion

refusal of, taxation of costs without order, 66/32(2)

Next friend - see Disability, person under
Next of kin

inquiries as to, under direction of the Court, 58/1

New Zealand - see Trans-Tasman proceedings
Non-compliance with Rules

effect of, 2/1
Notice
of acceptance of money paid into court, 24/3(1)
of appointment of solicitor - see Solicitor
of change of agent or solicitor - see Solicitor
of intention to proceed, after year’s delay, 3/7
of judgment or order - see Chambers
of motion - see Notice of motion
of payment into court, 24/1(3)
of settlement, in writing to registrar, 1/4C
of writ, service out of jurisdiction, 5/2, Form No. 4
oral notice, when permitted, 69/2(4)
service out of Commonwealth of Australia, 10/3
to act in person after suing by solicitor, 8/5
to admit - see Admission
to produce - see Documents

to vary report of referee, 35/8
Notice of motion (O.54)
adjournment of, 54/8
application by, 54/2
application for review under the Electoral Act 1907, 65C/3, 65C/4, 65C/8
form and contents, 54/5, Form No. 65
issue of, 54/6
originating motion
amendment of, 21/6
form, 54/5, Form No. 64
indorsement as to contact details, 6/7
service of
manner of, 54/3

time for, 54/4
Oaths
persons empowered to administer, 67/3

for taking evidence by deposition, 38/14
Officer - see also Proper officer

interpretation, 1/4
Order
affidavits not to be recited in, 59/10(2)
amendment of, 43/5
clerical mistakes, etc., 21/10
application to vary draft, 43/15
authentication of, 43/3
bespeaking, time for, 43/6(2)
binding of person not a party, 61/3, 61/20
chambers, proceedings in, form or order, 59/10, Form No. 78
consent notice, 65/15, Form No. 87
consent orders, 43/16
date of effect, 42/2(1)
dating of, 42/2(2)
draft to be lodged, 43/6
drawing up and entry, O.43
default of party in, 43/1(2)
default of attendance to settle draft, 43/9
original submission, etc., to be filed, 67/7
where not necessary, 43/2
duplicate, 43/4
enforcement of - see Enforcement of judgments
engrossment of, 43/12
entry of in books, 43/14
ex parte, may be set aside, 58/23
filing of, 43/14
for disposal of matter in chambers, 59/2(2)
freezing orders - see Freezing orders
given in absence of party at trial, setting aside, 34/3
interim order, application on appeal, 65/13, Form No. 86
mandatory order
service on person under disability, 70/13
specification of time for doing act, 42/3
naming of judge, master, etc., 43/3
notice of order - see Chambers
numbering of directions, 45/3
on admissions of facts, 30/3
proceedings under - see Chambers
reviews under the Electoral Act 1907, 65C/11
sealing of duplicate, 43/4
search orders - see Search orders
setting aside
ex parte order, 58/23
for irregularity, 2/2
springing order, 29A/18
summons to proceed under, 61/2
directions on, 61/2(3)

urgent appeal order, 65/14
Originating motion
affidavit evidence on, 36/2
application by notice, 54/2
application for confiscation declarations, 81FA/2, Form No. 64
beginning proceedings by, 4/1
ex parte, 54/3, 54/4, 81FA/3(3)
form of, 54/5, Form No. 64
issue of, 54/6
service of with writ, 54/7

originating proceedings, mode of application to be used, 4/1
Originating summons
absence of party, re-hearing, 58/22(3)
administration and trusts, 58/2
affidavit evidence on, 36/2, 58/21
amendment of, 21/6
appearance to, 58/16, 17, 18
not required, 58/18
application for confiscation declarations or orders, 81FA/3, Form No. 75
commencement of proceedings by, 4/1(b), 58/1
concurrent summons, 58/15
contents of, 58/26
directions on, 58/27, 58/30
duration and renewal, 58/15
entitling of, 58/14(5)
form of, 58/14, Form Nos. 74, 75
hearing of
adjournment of, 58/28
costs thrown away in default of attendance, 58/24
evidence at, 58/27(2)
notice of, 58/20
powers of Court, 58/27, 58/28, 58/29
time for, notice of, 58/19, Form No. 76
in mortgage action, 62A
interpretation, 1/4
issue of, 58/14(3)
parties to, 58/14(2)
powers of Court, 58/27, 28, 29
Proceeds of Crime Act 2002 (Cwlth), applications under, 81F/2
re-issue after amendment, 21/9
renewal of, 58/15
return of, where appearance not required, 58/18A
service of, 9/5, 58/14(6), 18A
setting aside order made ex parte, 58/23
statute, for construction of, 58/11, 12
time for appearance to, 58/16
Transfer of Land Act 1893, application under s.129C, 58/30
trusts, 58/2
vendor and purchaser of land, questions arising out of contract, 58/13

written instrument, for construction of, 58/10, 12

Papers for the judge, 33/14(1)
Particulars
after entry for trial, 33/10
in defamation actions, 6/2, 20/13A

of pleadings, 20/13
Partition of land

by order of Court, 53/6
Partners (O.71)
actions by and against firms, 71/1
begun by originating summons, 71/11
appearance by, 71/5, 71/6, 71/7
charging order on partner’s interest, 71/13
enforcement of judgment or order in action between partners, 46/3
names of, disclosure of, 71/2

service of writ on, 71/3, 71/4
Party – see also Contact details of parties and others
abatement, no, on death, etc., 18/7
addition of by Court, 18/10
address for service, 72/5
after removal of solicitor, 8/9
amendment of name or capacity, 21/5(2), 21/5(4)
appeals to the General Division
consequences of non-attendance, 65/5
decisions made in absence of party, 65/6
change of
application by person under disability to vary order for, 70/6
on death or bankruptcy, 18/7, 18/8
on order in case of misjoinder or non-joinder, 18/6, 18/8
on transfer of interest or liability, 18/7(2), 18/8
contact details for notices, 8/5A
death of
before judgment given, 34/16
change of party, 18/7, 18/8
application by person under disability for discharge, etc., of order, 70/6
failure to proceed after, 18/9
striking out after, 18/9
description of in originating summons, 58/14(2)
drawing up judgment or order by, 43/1(2)
default of attendance to settle draft, 43/9
freezing orders, 52A/4
identification of potential party, 26A/3
in person
notice of intention to act, 8/5
responsibility for accuracy of copy document, 69/5(2)
interest or liability devolving on other party, 18/7(2)
joinder of, 18/4
after entry for trial, 33/10
against whom counterclaim is made, 18/3
jointly liable under contract, 18/4(2)
person not joined, 18/6
appearance by, 18/8(4)
separate trial on, 18/5
judgment, after death of, 34/16
misjoinder or non-joinder of, 18/6
non-appearance at trial, 34/1, 34/2
partners, proceedings by or against - see Partners
relator actions, 18/11
representative proceedings, 18/12-18/17
right of, to defend counterclaim, 18/3
settlement, notify registrar of, 1/4C
third party proceedings, 19
trustee, etc., as representative of beneficiary, 18/14
under disability - see Disability, person under

use of name in relator action, 18/11
Payment into and out of court (O.24)
commercial arbitration, 81D/12
acceptance, 81D/13
money remaining in Court, 81D/14
non-disclosure, 81D/15
death of person entitled to, 24/11
lien, payment as to property subject to, 52/6
mode of, 24/12, Third Schedule
money paid into court, 24/9
as security for costs, 25/7
of fund in dispute, 52/2(3)

small intestate estates, 24/11
Pending proceedings

procedure for applications in, 4/2
Perishable property

sale of, 52/4
Perpetuation of testimony

commencement of action for, 38/15
Personal representative
costs of, 66/9
right of, to sue in person, 4/3

verification by, of claims against estate, 61/17
Petition
affidavit evidence on, 36/2(3)

service of, 9/5 - see also Service
Plaintiff - see also Party
contact details on document commencing proceedings 6/7
plaintiff in person
right to sue, 4/3

representative capacity, indorsement as to, 6/5
Plan, photograph or model
admissibility in evidence, 31A/9, 36/4

directions under case flow management, 29/2(o), 29/2(p)
Pleadings (O.20) - see also Counterclaim, Defence, Reply to defence, Statement of claim
admissible in evidence, 36/8
admissions by person under disability not implied, 70/8
admission of allegations in, 20/14
amendment of, 21
after entry for trial, 33/10
on summons for directions, 29/2
to plead in the alternative, 20/11
close of, 20/20
collisions between vessels, 20/23
defence of compulsory pilotage, notice of intention to rely on, 20/23(4)
Preliminary Act, filing of, 20/23
failure to file, 20/24
date of service to be indorsed on copy served, 20/7(5)
default of, 22
denial in, 20/14
dispense with under case flow management, 29/2(b)
formal requirements, 20
fresh documents, 21/9
further, costs of, 33/14(6)
joinder of issue on, 20/15
list of exhibits, to be attached to, 34/13
lodging of copies of, on entry for trial, 33/14
matters to be pleaded specifically, 20/9
of person under disability - see Disability, person under
particulars to be included, 20/13
probate actions, 73/16, 73/17
re-issue and filing of document after amendment, 21/9
reply, time for service, 20/5
service of
amended pleadings, 21/1(2)
during period of vacation, 3/3
indorsement of date, 20/7(6)
set-off, defence of, 20/17
signing of, 20/7(5), 20/7(5A)
statement of claim, 20/2
striking out, 20/19
time for, 20/19(3)
subsequent pleadings to reply to defence, 20/6
tender, defence of, 20/16
third party proceedings, copy of pleadings to be served, 19/3
time for service of reply and counterclaim, 20/5

trial without, 20/21
Possession of land - see also Mortgage actions
action for
certificate of solicitor, 13/5(1), 22/5(1)
defence to claim for, 20/9(2)
judgment in default of appearance, 13/5
judgment in default of defence, 22/5
person in possession, adding as defendant, 18/10
service of writ, 9/4
judgment in default, form of, 13/5, 22/5, Form No. 36

summary judgment, relief against forfeiture, 14/11

Potential party - see Party
Practitioner – see also Solicitor

interpretation, 1/4
Preliminary Act
contents of, 20/23(3)
failure to file, 20/24
judgment in default, 74/31

time for filing, 20/23(1)
Preliminary issues
dismissal of action, etc., after decision of, 32/7

form of judgment after decision of, 32/7, Form No. 42
Principal Registrar - see also Registrar
decide sheriff’s fees, 82/9
foreign tribunal
certificate verifying depositions, 39/5(2), 39/5(3)

request for evidence, to be transmitted by, 39/2
Prisoner

bringing up, under habeas corpus, 57/9
Prisons Act 1981

master's powers under, 60/1(5)
Privilege
objection to answer interrogatories on ground of, 27/5

objection to production of documents, 26/4(2), 26/12
Probate proceedings (O.73)
administration pending litigation, 73/22
affidavit of testamentary scripts, 73/11
inspection of, 73/12(2)
appearance, entry of, 73/7
proceedings in default, 73/13
application by motion, 73/21
bringing in of will, application for, 73/20
by or against person under disability, 70/4
citation
issue, 73/5, 9
proof of service, 73/6
to bring in grant, 73/8
service, 73/10
compromise setting down for trial, 73/19
costs, will proved in solemn form, 66/9
counterclaim, 73/14
discontinuance, 73/18
documents, inspection of, 73/12
Inheritance (Family and Dependants Provision) Act 1972
copy summons to be placed on probate file, 75/3
order to be endorsed on probate, 75/8
intervener, application and appearance by, 73/4
party requiring proof in solemn form only, 73/15
pleadings
contents of, 73/16
default of, 73/17
“probate action”, interpretation, 1/4
Rules of the Supreme Court 1971
applicability of, 1/3(2)
setting down
compromised action, 73/19
default of appearance, 73/13
default of pleadings, 73/17
subpoena, issue of, 73/20
summons, issue of, 73/21
testamentary scripts
interpretation, 73/1
affidavit of, 73/11
copy of, 73/12
writ, issue of, 73/2

service out of jurisdiction, 73/3
Procedendo, writ of
form of, 56/32(2), Form No. 70

in lieu of Prohibition, 56/32
Proceeds of Crime Act 2002 (Cwlth) rules (O.81F)
applications
evidence by affidavit, 81F/8
form of, 81F/2
grounds for contesting, 81F/4
separate hearings, 81F/9
interpretation, 81F/1
representative respondent, 81F/7
service, 81F/3

summons for directions, 81F/5, 81F/6
Prohibition (O.56)
adjournment to Court of Appeal, 56/2
application for writ, 56/1
order absolute in certain cases, 56/1(6)
order nisi, in first instance, 56/1(5)
limitation to, 56/6
order to show cause, 56/3
Procedendo, writ of, in lieu, 56/32
service of order or notice of motion, 56/4
statement of claim, in lieu, 56/30

writ, form of, 56/33(2), Form No. 71
Proper officer

interpretation, 1/4
Property
income pendente lite, 52/8
injunction restraining dealings, applications for, 51/1
inspection, preservation, etc., of property in dispute, 52/2
receiver, application for, 51/1
sale of
perishable property, 52/4
subject to lien, etc., recovery of, 52/6

taking samples, 52/3
Public Notaries Act 1979 rules (O.76)
application to be advertised, 76/3
certificate of fitness, 76/2
districts prescribed, 76/1A
fees, 76/7
interpretation, 76/1
mode of application, 76/4

suspension or striking from Roll, 76/6
Public Trustee Act 1941
proceedings under s.65 excluded, 1/3(2)
control of money recovered by person under disability, 70/12
represented person, 70/3(4)
in probate actions, 70/4

summary proceedings under s.23, 84/5
Questions of law
special case on, 31

trial on, 32/4
Quo warranto (O.56)
Attorney General, information by, 56/35
rules applicable, 56/34

signature and service of information, 56/35(2)
Receiver
accounts, 51/5
appointment of, 51/1, 51/11
forms 51/1, Form Nos. 60, 61, 62
compensation to party restrained, 51/9, 51/10
default by, 51/7
discharge of, 51/7
interpretation, 1/4
money due from
interest on, 51/7
payment into court, 51/6
order for early trial, 52/5
remuneration of, 51/4
disallowance of, 51/7

security, for appointment, 51/3, Form No. 63
Records of Court
appeals to the General Division
return of exhibits, 65/19
supply by primary court, 65/11
custody of, 67/10(1)
removal from Court, 67/13

search of, 67/11

Recovery of land - see Possession of land
Referee (O.35)
application to adopt or vary report of, 35/9
costs, directions as to, 35/10
discovery, authority of, as to, 35/4
evidence at trial by, 36/6
Expedited List judge, by, 31A/11
judgment, entry of, by, 35/4
notice of report by, 35/7
question of fact, reference of, 35/2
submissions by, to Court, 35/6

trial before, 35/2
Registrar - see also Case management registrar, Principal Registrar
account or inquiry by, 45/11, 67/17
right to have adjournment to a judge, 45/12
Admiralty Rules, powers under, 84/9(2)
affidavits and oaths, power to take, 67/3
appeals from, 60A/4, 60A/5
applications to, 60A/2A
applications under the Civil Judgments Enforcement Act 2004 rules, 46/2
applications under the Road Traffic Act 1974 rules, 81C/3
applications under the Royal Commission (Custody of Records) Act 1992
case management, powers of, 29/4
certificate
discharge or variation of, 61/28A
documents, may refuse to accept, 69/2
exhibits
return of, 34/14
after appeal concluded, 65/19
interpretation, 1/4, 67/18
jurisdiction of, O.60A
mediation, powers of, 29/2, 29/3
ministerial acts of, may be done by officer of the Court, 67/2
powers of, 58/30(3), 60A/1
reference to, 35/11
service out of jurisdiction, 10/9(7)