Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
TABLE OF PROVISIONS
ORDER 1 -- Preliminary
1.1. Citation and commencement
1.2. Interpretation
ORDER 2 -- Offices and officers
2.1. Office opening hours
2.2. Clerk to keep books and issue process
2.3. Transmission of summons for service by bailiff of foreign court
2.4. Copies of documents, how made
2.5. Searches and payment out of court
2.5A. Clerk to provide searchable information to approved recipients
2.6. Acknowledgment of payments and deposits
2.7. No officer to act as agent to parties
2.8. Absence of bailiff from court
2.9. Bailiff to keep books
2.10. Attendance at office of clerk
2.11. Service of process
2.12. Return of copy of judgment summons served by bailiff of foreign court
2.13. Where return of service to home court is not made, foreign bailiff may be ordered to pay costs
2.14. Execution and entries of warrants and orders
2.15. Procedure where bailiff required to hold moneys under Bankruptcy Act
2.16. Endorsement of levy -- moneys to be paid in within 3 days
2.17. Notice of withdrawal on receipt of notice of sequestration
2.18. Non-execution of warrant by bailiff of foreign court
2.19. Duties of bailiff as to sale of property
2.20. Taking possession of goods
2.21. Where possession ordered to be taken until security given
2.22. Bailiff to make return of arrest
ORDER 3 -- Parties
3.1. Persons may be joined as plaintiffs who claim relief jointly, severally, or in the alternative
3.2. Persons may be joined as defendants against whom relief claimed jointly, severally, or in the alternative
3.3. All defendants joined need not be interested in all the relief prayed for
3.4. All or any of the persons liable under any one contract may be joined
3.5. Where plaintiff in doubt from whom he is entitled to redress
3.6. Trustees, executors, and others may sue or be sued without joining parties beneficially interested
3.7. Where parties numerous, one or more may sue or be sued or defend for the benefit of all
3.8. Where defendant desires to defend on behalf of others
3.9. Infants
3.10. Appointment of guardian
3.11. Appointment of guardian ad litem for infant or person of unsound mind
3.12. Entry of appointment on summons, etc.
3.13. Limitation of liability of guardian for costs
3.14. Power to set aside judgment against infant or person of unsound mind where no guardian appointed
3.15. Infants and others suing by next friends
3.16. Persons of unsound mind
3.17. Persons under disability -- how consent can be given
3.19. Partners
ORDER 4 -- Joinder of causes of action
4.1. What claims may be joined with action for recovery of possession of land
4.2. As to joinder of claims by trustee in bankruptcy
4.3. Joinder of causes of action generally
4.4. Claims by or against husband and wife
4.5. Claims by or against executor or administrator
4.6. Joint and separate claims by plaintiffs
4.7. Separate trials may be ordered
ORDER 5 -- Commencement of action, claim and summons
5.1. Actions to be commenced by plaint
5.2. Trials by agreement under section 39
5.3. Form of plaints
5.4. Action against company
5.5. Particulars of parties required in plaint
5.6. Action by or against representatives
5.7. Action by assignee of debt
5.9. Time to be limited for notice of defence
5.10. Time when more than one defendant
5.11. Endorsement of fees
5.12. Security for or undertaking as to costs, where plaintiff not resident in Commonwealth
5.13. Security by person temporarily resident in Commonwealth
5.14. Service by plaintiff or his solicitor
5.15. Particulars of claim
5.16. Abandonment of excess
5.17. Particulars in cases of account
5.18. Particulars in actions for recovery of possession of land
5.19. Particulars where more than one cause of action
5.20. Further particulars
5.21. Fraction of a cent
5.22. Signature to particulars by solicitor or authorised clerk
ORDER 6 -- Service
6.1. No service outside British Commonwealth of Nations
6.2. Leave for service outside Commonwealth
6.3. Fixing time for defence
6.4. Non-personal service
6.5. Proof of service by post
6.6. Proof of service
6.7. Rules applicable to other process
6.8. Time for service
6.9. Service on solicitor
6.10. Service on infant
6.11. Service on insane person or patient
6.12. Service on partners
6.13. Service where person carries on business in name other than his own
6.15. Service where defendant on board ship
6.16. Service on soldier, marine or airman
6.17. Service on prisoner
6.18. Service on miner
6.19. Service where defendant employed in public asylum or prison
6.20. Where defendant keeps his house closed
6.21. Service in case of vacant possession
6.22. Service where violence threatened
6.23. Service of summons on corporation etc.
6.24. Service of summons in proceedings to recover taxes
6.25. Where leave given to proceed as if personal service effected
6.26. Substituted service, and notice in lieu of service
6.27. Magistrate may inquire into service
6.28. Notice of service or non-service
6.29. Time allowed for service of summons
ORDER 7 -- Objections to jurisdiction -- transfer -- of actions
7.1. Notice of objection to jurisdiction
7.2. Affidavit justifying choice of court
7.3. Form of affidavit
7.4. Transfer of action
7.5. Notice to plaintiff when more than one objection
ORDER 8 -- Consolidation of actions or stay of proceedings -- transfer
8.1. Consolidation of pending actions and matters
8.2. Magistrate may impose terms
8.3. Transfer of actions commenced in different courts
8.4. Application for transfer -- costs before or occasioned by transfer -- transmission of certified copy of proceedings
8.5. Filing order for change of venue
8.6. Payment of costs in certain cases by party obtaining change of venue
8.7. Transfer of proceedings
8.7A. Action for small debt ordered to be dealt with under general provisions
8.8. Notice of trial
8.9. Changing venue to a place other than a court
ORDER 9 -- Discontinuance, confession, admission, and payment into or out of court
9.1. Discontinuance
9.2. On discontinuance costs may be taxed
9.3. Confessions under section 50
9.4. Admission by letter addressed to court
9.5. Consent judgments under sections 50 and
9.6. Admission of truth of plaintiff’s statement
9.7. Admission by any party
9.8. Payment into court
9.9. Acceptance of amount paid in in satisfaction of claim
9.10. Payment by plaintiff in answer to counterclaim
9.11. Fees and costs on payment of amount admitted after deducting set-off or counterclaim
9.12. Acceptance of money paid into court under defence of tender -- costs
9.13. Money paid in to abide trial
9.14. Payment to plaintiff instead of into court
9.15. Payment out where plaintiff under disability
9.16. Transmission of money from one court to another
ORDER 10 -- Defence, pre-trial conference, notice of trial, and default of defence
10.1. Notice of defence
10.1A. Claims referred to Small Claims Tribunal
10.2. Notice of trial -- dismissal for want of listing
10.2A. Pre-trial conference
10.3. Service of notices by post, telegram or personal delivery
10.4. Default of defence
10.5. Notice of assessment of damages
10.6. Time for which notice to be screened for defendant in default
10.7. Where plaintiff sues on behalf of others
10.8. Set-off and counterclaim
10.9. Objection by plaintiff under section 34(2)
10.10. In action for recovery of possession, any person not named as a defendant may, by leave, appear
10.11. In action for recovery of possession, defendant may give notice that he will limit his defence to part of the property
10.12. Where one of several persons jointly answerable is sued
10.13. Misjoinder of plaintiffs not to defeat counterclaim
10.14. Disclaimer, admission, and other statements by defendant
10.15. Notice to be given of special defence
10.16. Set-off or counterclaim
10.17. Infancy
10.19. Statute of Frauds
10.20. Statute of limitations
10.21. Bankruptcy
10.22. Equitable relief
10.23. Tender
10.24. Notice of defence to counterclaim
10.25. Where counterclaim affects other persons
ORDER 11 -- Affidavits
11.1. Form of affidavits
11.2. Sources of knowledge to be stated
11.3. How affidavits to be intituled
11.4. Affidavits to show on whose behalf filed
11.5. Costs of affidavits when disallowed
11.6. Affidavits made by 2 or more deponents
11.7. Filing of affidavits
11.8. Affidavits not to be filed if sworn before party’s solicitor
11.9. Erasure, blotting, interlineation etc. in affidavits
11.10. Illiterate or blind deponent
11.11. Use of defective affidavit
11.12. Affidavits of service
11.13. Notice of rejection of imperfect affidavits or documents
ORDER 12 -- Proceedings in chambers
12.1. Application made to clerk
12.2. Affidavits first filed
12.3. Form of applications
12.4. When summons returnable
12.5. Magistrate may dispose of business in chambers
12.6. Summons to be signed and sealed
12.7. Grounds of application
12.8. Copies of affidavits to be served
12.9. Orders may be absolute or on terms
12.10. Costs of applications in chambers
12.11. Special applications in chambers
ORDER 13 -- Claim for contribution or indemnity
13.1. Notice of claim to contribution or indemnity -- issue and service
13.2. Third party when served may act as if original defendant
13.3. Appearance of third party -- default of appearance
13.4. Proceedings on default of the appearance by third party
13.5. Application for directions -- what directions may be given
13.6. Costs
ORDER 14 -- Interlocutory and interim orders and proceedings
14.1. Where defence is an alleged right to be relieved of a prima facie case of liability
14.2. Order for sale of perishable articles etc.
14.3. Order for detention, preservation etc.
14.4. Order for clerk to take deposition of person ordered to weigh, inspect etc.
14.5. Order for inquiries or accounts
14.6. Application for interlocutory injunction or order
14.7. Where specific property other than land is sought to be recovered, but is claimed to be retained under lien or as security
14.8. Settlement, signing, sealing, filing, and service of orders under preceding rules
14.9. Deposit by plaintiff may be ordered where defendant resident more than 32 kilometres from court shows defence on merits
14.10. Application for order that loss of bill shall not be set up
14.11. Practice on interlocutory applications
14.12. Clerk may refer applications to magistrate
14.13. Postponement of trial pending interlocutory proceedings
ORDER 15 -- Security
15.1. Security by bond
15.2. Affidavit of sufficiency
15.3. Execution of bond
15.4. Deposit in lieu of bond
15.5. Bond to be deposited
15.6. Officer of court not to be surety
ORDER 16 -- Amendment
16.1. Change or addition of plaintiff
16.2. Action not to be defeated by misjoinder or nonjoinder of parties
16.3. Where too few persons made plaintiffs
16.4. Change of defendant
16.5. Where party wrongly sues or is sued in representative character
16.6. Where party ought to have sued or been sued in representative character
16.7. Amendment of proceedings
16.8. Where all defendants have not been served
16.9. Notice to an added or substituted defendant
16.10. Amendment of particulars and notice of defence
16.11. Abandonment of part of claim
16.12. Powers of clerk as to amendment when acting under sections 76 and
16.13. Amendment of particulars where plaintiff entitled to more than amount claimed
16.14. Where plaintiff in case of account found entitled to more than $25 000
16.15. Correction of clerical mistakes and omissions
ORDER 17 -- Discovery and inspection
17.1. Discovery of documents
17.2. Objection to discover documents
17.3. Production of documents
17.4. Notice under section 67
17.5. Time within which inspection to be given -- place of inspection
17.6. Order for inspection
17.7. Actions against or by sheriff or bailiff
17.8. Verified copies
17.9. Privilege
17.10. Inquiry as to present or past possession of specified documents
17.11. Premature discovery
17.12. Order to apply to infants
ORDER 18 -- Interrogatories
18.1. Discovery by interrogatories
18.2. Grounds of objection to answering interrogatories
18.3. Voluntary compliance with request
18.4. Compulsory compliance -- application for order and proceedings thereon
18.5. Onus of proof where alleged evasive or insufficient answers to interrogatories
18.6. Contested claim of privilege
18.7. Statements and affidavits -- by whom made
18.8. Effect of non-compliance with order
18.9. Order for interrogatories may be served on solicitor
18.10. Solicitor neglecting to give notice to client may be liable
18.11. Use in evidence of answers to interrogatories
18.12. Actions against or by sheriff or bailiff
18.13. Costs of improper interrogatories
18.14. Costs on order and security for costs
18.15. Payment out of amount paid in as security
18.16. Order to apply to infants etc.
ORDER 19 -- Change of parties by death, etc.
19.1. No abatement caused by death etc.
19.2. Order to carry on proceedings
19.3. Form and service of order
19.4. Application for discharge of order
19.5. Provision for cases in which person entitled to proceed does not do so
19.6. Alteration of records after addition of party
19.7. Appointment of guardians
19.8. Persons under disability
ORDER 20 -- Evidence
20.1. Evidence to be taken orally
20.2. Power to order particular facts to be proved by affidavit, or witnesses to be examined before examiner
20.3. Summonses to witnesses and service
20.4. Witnesses may require payment before giving evidence
20.5. Time and mode of service
20.5A. Enforcement of summons
20.6. When witness does not produce documents, order for production may be made
20.7. Production of papers on summons by head of Government department etc.
20.8. Admission of facts or documents
20.9. Notice to admit or produce
20.10. Costs of notice to admit or produce
20.11. Documents produced from proper custody to be read without proof unless objected to
20.12. Where it is desired to use an affidavit, notice may be given -- costs of objection
20.13. Evidence taken after trial
20.14. Practice as to taking evidence at any stage of action or matter
20.15. Affidavits are evidence of persons using them
20.16. Expenses of persons attending before examiner
20.17. How depositions taken
20.18. Failure to comply with summons, or refusal to be sworn or answer
20.19. Objection to answer
20.20. Witness may be ordered to pay costs
20.21. Filing of depositions
20.22. Special report by examiner
20.23. Power to administer oaths
ORDER 21 -- Arbitration
21.1. Arbitration
ORDER 22 -- Trial
22.1. Actions to be heard in order, with exception
22.2. Right to begin and addresses to court at hearings and trials
22.3. Magistrate may request statement of defence before hearing evidence
22.4. Where plaintiff does not appear
22.5. Judgment on counterclaim where plaintiff does not appear
22.6. Restoring case struck out for non-appearance of plaintiff
22.7. Subsequent action after non-suit or striking out
22.8. Action pending in another court for same cause
22.9. Disallowance of vexatious questions in cross-examination
22.10. General jurisdiction of magistrate on trial of action
22.11. Application for injunction
22.12. Inspection of property by magistrate
22.13. Absent parties may be added on hearing
22.14. Counterclaim where action stayed, discontinued, or dismissed
22.15. Counter or other claim may be ordered to be tried by independent action
22.16. When a person brought in does not appear at the trial
22.17. Judgment may be given for balance found due to defendant
22.18. Leave to clerk to exercise jurisdiction
22.19. When clerk authorised to hear disputed claims
22.20. Postponement of trial on joint application of parties
22.21. Postponement of trial by magistrate
22.22. Adjournment to enable party to comply with rules
ORDER 23 -- Judgments and orders
23.1. Entries to be made in minute book
23.2. Form of ordinary judgment
23.4. Certain orders need not be drawn up or served
23.5. Orders directed to be drawn up by magistrate -- time to be stated for doing any act ordered to be done -- memorandum to be endorsed
23.6. Purposes for which certificate of judgment required to be stated
23.7. How money payable under ordinary judgment to be payable
23.8. Fresh order for payment by instalments on application of judgment creditor
23.9. Fresh order for payment of sum not exceeding $100 on application of judgment debtor
23.10. Fresh order for payment in one sum or by increased instalments on application of judgment creditor
23.11. Assessment of value of goods
ORDER 24 -- Accounts
24.1. How accounts to be taken
24.2. Clerk to appoint time and place for taking account
24.3. Hearing before clerk
24.4. Accounts to be verified by affidavit
24.5. Vouchers to be produced
24.6. Clerk’s certificate
24.7. Books of account to be prima facie evidence
ORDER 25 -- Enforcement of judgments and orders
Division 1 -- By warrants of execution
25.1.1. Orders enforceable like judgments
25.1.2. Enforcing judgment or order against corporation
25.1.4. Examination where difficulty arises in execution
25.1.5. Date and duration of warrants of execution
25.1.6. Applicant to furnish praecipe
25.1.7. Where default made, execution may issue
25.1.8. Separate executions for money recovered and for costs
25.1.9. Execution may issue within 6 years without leave
25.1.10.Execution on judgment against a firm
25.1.11.Application for leave to issue execution after six years or on change of parties after judgment etc. -- order thereon
25.1.12.Application to stay execution
25.1.13.Notice of execution to be left with debtor
25.1.14.Concurrent warrants
25.1.15.Cost of warrants
25.1.16.Possession fee
25.1.17.Sale
25.1.18.Requirements where land taken in execution
25.1.19.Inventory and notice of sale of goods removed under execution
25.1.20.Account of sale under execution
25.1.21.Part payment after issue of warrant of execution
25.1.22.Notice of sale
Division 2 -- Transmission of proceeds of warrants, from foreign courts
25.2.1. Transmission of warrants to be executed by bailiff of foreign court
25.2.2. Accounting for and transmission of proceeds levied
25.2.3. Payment into foreign court under order of commitment
ORDER 26 -- Enforcement of judgments and orders by judgment summons
26.1. No commitment except after judgment summons -- judgment summons to be served personally
26.2. Praecipe for summons
26.3. Summons for 2 or more defendants
26.4. Issue of summons against debtor without leave
26.5. Application for leave for judgment summons
26.6. Judgment summons on judgment against a firm etc.
26.7. Where judgment summons applied for at a court in which judgment was not obtained
26.8. Where judgment summons required on judgment of a court other than a local court
26.9. Issue and service of judgment summons
26.10. Where judgment debtor about to remove
26.11. Time allowed for service of judgment summons
26.12. Summons of judgment debtor and witnesses to prove means -- when expenses paid to judgment debtor may be allowed -- arrest of judgment debtor
26.13. Evidence by affidavit where creditor or debtor resides at a distance from court issuing judgment summons
26.13A. Consent affidavit under judgment summons
26.14. On issue of judgment summons, any warrant of execution issued to be lodged in court
26.15. Minute that certificate of judgment has been given to be made -- restriction on proceedings in court issuing certificate
26.16. Where order of commitment made or order altered by another court -- proceedings to be transferred to and continued in that court
26.17. Where order of commitment sent to a foreign court
26.18. No commitment after bankruptcy or administration order in respect of debt provable thereunder
26.19. Commitment not to be enforced where sequestration or administration order made after order of commitment
26.20. Discharge of judgment debtor on filing affidavit as to bankruptcy etc.
26.21. Hearing, adjournment and order on judgment summons
26.22. Suspension of order of commitment
26.23. Payments to be made into court
26.24. Form, date, and duration of order of commitment
26.25. Power to suspend order for payment of future instalments during suspension of order of commitment in respect of past instalments
26.26. Application by party to vary order of commitment
26.27. Payment on arrest
26.28. Part payment after issue of order of commitment
26.29. Payment after debtor lodged in gaol
26.30. Part-payment after debtor lodged in gaol
26.31. Discharge of prisoner on request of judgment creditor
26.32. Certificate of payment
26.33. Costs on default of appearance of judgment creditor
26.34. Where no costs are to be allowed on judgment summons
26.35. Provisions as to amount for which debtor has been imprisoned, where fresh order made on judgment summons or under Order 23, rule 9, and as to subsequent judgment summons under such order
26.36. Costs of abortive execution not to be included in judgment summons, or fresh order under Order 23, rule 8, 9 or
ORDER 27 -- Further methods of enforcement of judgments and orders
27.1. Proceedings under section 155
27.2. Enforcement of order for discovery -- warrant of attachment
27.3. Discharge of person in custody by magistrate
27.4. Recovery of land or possession to be enforced by warrant of possession
27.5. Enforcement of judgment for delivery of goods -- warrant of delivery
27.6. Warrant may issue without assessment of value
27.7. Separate warrants for damages and costs
27.8. Option to enforce delivery or payment of value
27.9. Certifying assessment to bailiff
27.10. Application of rules relating to execution
27.11. Recovery of value and damages and costs by warrant of execution
27.12. Wilful disobedience of judgment for delivery of goods
27.13. Examination of debtor when judgment etc. for recovery of money
27.13A. Court may impound documents
27.14. Costs under rule 13
27.15. Impounded documents
ORDER 28 -- Attachment of debts
28.1. Proceedings against garnishee
28.2. Where garnishee resides at a distance from court
28.3. Service of garnishee summons
28.4. Payment into court by garnishee
28.5. Payment out of court of money paid in by garnishee
28.6. Order on return day, if garnishee does not appear or dispute liability
28.7. Certificate where garnishee sued in court other than that in which judgment obtained
28.8. Costs
28.9. Magistrate may refuse to interfere
28.10. Application by judgment creditor as to money paid into court under judgment or order obtained by debtor against third person
28.11. Attachment of debts owing from a firm
ORDER 29 -- Appointment of receivers
29.1. Receiver’s security and allowance
29.2. Fixing days for receiver to pass accounts and pay balances
29.3. Form of receiver’s accounts
29.4. Consequences of default by receiver
29.5. Appointment of receiver by way of equitable execution
29.6. Bailiff may be appointed
ORDER 30 -- Interpleader
30.1. Notice of claim to execution creditor
30.2. Order for possession fees where claim admitted
30.3. Power to make order protecting bailiff from action by claimant, where execution creditor admits claim before interpleader summons issued
30.4. Issue of summons where the execution creditor does not admit claim
30.5. Proceedings generally
30.6. Claimant to lodge particulars and grounds of claim
30.7. Bailiff’s fees
30.8. Power to delay sale
30.9. Interpleader summons
30.10. From what court issued
30.11. Magistrate may direct sale of goods claimed under bill of sale etc.
30.12. Order on interpleader
30.13. Interpleader in action by assignee, where assignor disputes assignment, or in action for debt, chose in action, or chattel, where defendant has notice of conflicting claims
ORDER 31 -- Proceedings by and against executors and administrators
31.1. Costs where plaintiff fails
31.2. Costs on non-appearance
31.3. Waste of assets
31.4. Judgment where waste charged
31.5. Judgment where representation admitted, but demand denied
31.6. Judgment where representation admitted, and demand denied but proved, and administration alleged and proved
31.7. Judgment in like case where administration not proved
31.8. Judgment where representation and demand admitted, and administration alleged and proved
31.9. Judgment in like case where administration not proved, and no other defence established
31.10. Proceedings after judgment on assets, quando acciderint
31.11. Payment into court on defendant’s admission of demand and of assets
31.12. Judgment in other cases
ORDER 32 -- New trial
32.1. Application for new trial
32.2. Affidavit in support
32.3. When new trial not granted
32.4. When new trial may be granted
ORDER 32A -- Practice and procedure relating to warrants under the Fines, Penalties and Infringement Notices Enforcement Act 1994
32A.1. Interpretation
32A.2. Examination in aid of seizure
32A.3. Claims to property seized
ORDER 33 -- Appeals
33.1. Order of Supreme Court to be filed
33.2. New trial
33.3. Proceedings on judgment of Supreme Court
ORDER 34 -- Actions or matters remitted from or transferred to the Supreme Court
34.1. Where action or matter remitted from Supreme Court
34.2. Order to be filed -- proceedings in local court
34.3. Defendant to proceed as if action originally brought in local court
34.4. Special notice in action for libel or slander
34.5. Transmission of documents etc. to Supreme Court by clerk after order of transfer
ORDER 35 -- Replevin
35.1. No other cause of action to be joined
35.2. Particulars
35.3. Mode of trial
35.4. Where defendant succeeds in action where distress is for a sum of money
35.5. Where defendant entitled to a return in damage feasant
35.6. Where defendant succeeds in other cases
ORDER 36 -- Fines. Neglect or misconduct of officers. Committal for contempt. Enforcement of fines
36.1. Summons for neglect
36.2. Order
36.3. Order imposing fine on witness
36.4. Committal or fine for contempt of court
36.5. Report by clerk to magistrate if fine not paid
ORDER 37 -- Fees, costs, and allowance to witnesses
37.1. Generally costs to be awarded to successful party
37.2. Conduct disentitling successful party to costs
37.3. Unnecessary costs
37.4. Cost where counterclaim raised and tried
37.5. Where plaintiff recovers less than claim
37.6. Scales on which costs are to be taxed
37.6A. Court may order increased costs
37.6B. Exceptional award of costs in the Small Disputes Division
37.7. Costs may be fixed at trial
37.8. Entry of costs on summons
37.9. Allowance of costs without taxation
37.10. When costs to be taxed -- delivery of bill
37.11. Notice of taxation
37.12. Forms of bills of costs
37.13. Taxing costs on bill as taxed
37.14. Party dissatisfied to make objections in writing -- clerk may obtain directions
37.15. Review of taxation upon objections
37.16. Costs of objection to jurisdiction
37.17. How order for particular costs to be made and obtained
37.18. Actions for recovery of possession
37.19. Costs on judgment for delivery of goods
37.20. Jurisdiction by consent
37.21. Interpleader proceedings
37.22. Taxation of costs ordered to be paid by or to third party
37.23. Fees where party recovers less than he claims
37.24. No costs allowed if not sanctioned by scales
37.26. Fee for service of summons
37.27. Discretion of clerk
37.28. When costs unnecessarily incurred
37.29. Discretionary fees and allowances
37.30. Costs incurred before transfer of action
37.31. Where separate judgments against defendants
37.32. Costs of solicitor appearing in person as plaintiff or defendant
37.34. Folio
37.35. Costs of persons in fiduciary position etc.
37.36. Disallowance of costs of improper, vexatious, or unnecessary matter in documents or proceedings
37.37. Set-off of costs
37.38. Allowances to witnesses for attendance
37.39. Travelling expenses
37.40. When attending in more than one case
37.41. Costs of witnesses not summoned
37.42. Compensation to seamen
37.43. Allowances to expert or scientific witnesses
37.44. Allowances for proof and costs of plans etc.
37.45. Taxation as between solicitor and client
37.46. Scale applicable to taxation as between solicitor and client
37.47. Application for review of taxation by magistrate
37.48. Fees
37.49. Recovery of fees paid
ORDER 38 -- General provisions
38.1. Party may act by solicitor
38.2. Service of notices etc. where no mode of service prescribed
38.3. Service by or upon solicitor acting for party
38.3A. Service at a document exchange
38.4. Solicitor may give notice that he is acting -- service by or on such solicitor -- change of solicitor
38.5. Practice on service by solicitor
38.6. No notice of employment of legal practitioner required
38.7. Enlargement or abridgement of time
38.8. Filing of documents and copies for service
38.9. Sealing of documents
38.10. Notices to be in writing
38.11. Form of notices
38.12. Computations of periods not exceeding 48 hours
38.13. When time for doing any act expires on day when offices are closed
38.15. Transmission of notices etc. by post
38.16. Notices by post delivered after office hours
38.17. Use of forms in Appendix -- where no forms prescribed
38.18. Rules and forms to be adhered to
38.19. Non-compliance with rules not to render proceedings void
38.20. Application to set aside proceedings for irregularity
38.21. Duplicate of warrant etc. -- lost or destroyed
38.22. Duplicate summons may be issued
38.23. Service of telegram
38.24. Designation of local courts
38.25. Service by post
38.26. Change of address for service
SCHEDULE
Compilation table