• Specific Year
    Any

RULES OF THE SUPREME COURT 1971

Table of Provisions

ORDER 1 -- Application, elimination of delay and forms  
  • 1.1 Short title  
  • 1.2 Commencement and saving  
  • 1.3 Certain proceedings excluded  
  • 1.3A Inherent powers not affected  
  • 1.4 Terms used  
  • 1.4A Delays, elimination of  
  • 1.4B Case flow management, use and objects of  
  • 1.4C Parties to notify settlement  
  • 1.6 Forms  
  • 1.6A Forms under Restraining Orders Act 1997  
  • 1.7 Court fees  
  • 1.8 Documents given to authorised users or Court by means of ECMS
ORDER 2 -- Effect of non‑compliance  
  • 2.1 Non‑compliance with rules  
  • 2.2 Application to set aside for irregularity
ORDER 3 -- Time  
  • 3.1 Term used: month  
  • 3.2 Reckoning periods of time  
  • 3.3 Period between 24 Dec and 15 Jan excluded when computing time  
  • 3.4 Time expiring on day Central Office closed, effect of  
  • 3.5 Extending and abridging time  
  • 3.6 Extension of time where security ordered  
  • 3.7 Notice of intention to proceed after year’s delay
ORDER 4A -- Case management

Division 1 -- Preliminary matters  

  • 4A.1 Terms used  
  • 4A.2 Term used: case management direction  
  • 4A.3 Term used: enforcement order  
  • 4A.4 Inconsistencies with other rules

Division 2 -- Provisions applicable to all cases  

  • 4A.4A Case management conferences  
  • 4A.5 Case manager may review case at any time  
  • 4A.5A Requesting interlocutory orders and case management directions  
  • 4A.5B Request under r. 5A by letter  
  • 4A.5C Request under r. 5A at case management conference or hearing  
  • 4A.6 Timetables  
  • 4A.7 Attendance at proceedings under this Order  
  • 4A.8 Conferences of parties with mediator  
  • 4A.9 Referees

Division 3 -- Cases on the CMC List  

  • 4A.10 Application of this Division  
  • 4A.11 Cases on CMC List  
  • 4A.12 Headings to documents  
  • 4A.13 CMC List case manager may direct case to be on or taken off CMC List  
  • 4A.14 Requesting case be put on CMC List  
  • 4A.14A Strategic conferences  
  • 4A.15 Interlocutory hearings

Division 4 -- Cases not on the CMC List  

  • 4A.16 Application of this Division  
  • 4A.18 Case management conferences for cases not on CMC List  
  • 4A.19 Powers of case manager at case management conferences for cases not on CMC List  
  • 4A.20 Listing conference

Division 5 -- Inactive Cases List  

  • 4A.21 Term used: Inactive Cases List  
  • 4A.22 Case manager may direct party to show cause  
  • 4A.23 Springing order that case be put on Inactive Cases List  
  • 4A.24 Cases inactive for 12 months deemed inactive  
  • 4A.25 Parties to be notified of case being on Inactive Cases List  
  • 4A.26 Consequences of case being on Inactive Cases List  
  • 4A.27 Removing cases from Inactive Cases List  
  • 4A.28 Certain cases taken to have been dismissed
ORDER 4 -- Mode of commencing proceedings: applications in pending proceedings  
  • 4.1 Commencing civil proceedings  
  • 4.2 Applications in pending proceedings  
  • 4.3 Individual may act in person or by solicitor; body corporate must act by solicitor
ORDER 4AA -- Mortgage actions  
  • 4AA.1 Terms used  
  • 4AA.2 Application  
  • 4AA.3 Commencing mortgage actions  
  • 4..4. Transitional provision for former ORDER 62A
ORDER 5 -- Writs of summons  
  • 5.1 Form of writ  
  • 5.2 Writ for service outside WA, form of  
  • 5.3 Place of trial to be shown  
  • 5.4 Place of issue  
  • 5.5 Preparation of writ  
  • 5.6 Sealing of writ  
  • 5.7 Copy to be left with officer  
  • 5.8 Writ to be recorded when issued  
  • 5.9 Writ for service outside Australia, leave to issue needed  
  • 5.10 All writs to be in name of Chief Justice or Senior Puisne Judge  
  • 5.11 Time for appearance to be stated in writ
ORDER 6 -- Indorsement of claim: other indorsements  
  • 6.1 Nature of claim etc. to be indorsed on writ  
  • 6.2 Action for defamation by publication  
  • 6.3 Statement of claim may be indorsed on writ in some actions  
  • 6.4 Claim for liquidated demand, indorsements required for, costs etc.  
  • 6.5 Representative character  
  • 6.6 Claim for account  
  • 6.7 Writ etc. to state contact details
ORDER 7 -- Duration and renewal of writ: concurrent writs  
  • 7.1 Duration and renewal of writ  
  • 7.2 Proof of extension of validity of writ  
  • 7.3 Concurrent writs  
  • 7.4 Unserved writs may be struck out
ORDER 8 -- Disclosure by solicitors: change of solicitors  
  • 8.1 Solicitor to declare, if required to, whether writ issued by him  
  • 8.2 Change of solicitor  
  • 8.4 Appointment of solicitor by self-represented person  
  • 8.5 Intention to act in person, notice of  
  • 8.5A Form and content of notices  
  • 8.6 Removal of solicitor from record  
  • 8.7 Withdrawal of solicitor who has ceased to act for party  
  • 8.8 Effect of order made under this Order  
  • 8.9 Service details of party whose solicitor is removed  
  • 8.11 Solicitor not to act for adverse parties  
  • 8.12 Legal practitioner or clerk not to be security
ORDER 9A -- Interested non‑parties  
  • 9A.1 Terms used  
  • 9A.2 Parties to advise identity of interested non‑parties  
  • 9A.3 Duties of interested non‑party  
  • 9A.4 Disclosure of agreements relating to litigation funding
ORDER 9 -- Service of originating process: general provisions  
  • 9.1 Service of writ: general provisions  
  • 9.2 Service of writ as to contract on agent of principal who is outside WA  
  • 9.3 Effect of serving writ in accordance with contract  
  • 9.4 Writ for possession of land where no person in possession, service of  
  • 9.5 Service of other originating process
ORDER 10 -- Service outside jurisdiction

Division 1 -- Preliminary  

  • 10.1 Term used: originating process  
  • 10.2 Application of this Order

Division 2 -- Service outside jurisdiction but in Australia  

  • 10.3 Service outside State but in Australia

Division 3 -- Service outside Australia  

  • 10.4 Service in New Zealand of documents in relation to Trans‑Tasman proceedings  
  • 10.5 When allowed without leave under Division  
  • 10.6 When allowed with leave  
  • 10.7 Court’s discretion whether to assume jurisdiction  
  • 10.8 Notice to person served outside Australia  
  • 10.9 Time for entering appearance  
  • 10.10 Leave to proceed where no appearance by person  
  • 10.11 Service of other documents outside Australia  
  • 10.12 Mode of service

Division 4 -- Service through foreign or diplomatic officials outside Australia in non‑Convention countries  

  • 10.13 Application of Division  
  • 10.14 Method of service of originating process and Form 5AB  
  • 10.15 Request for service of originating process  
  • 10.16 Serving documents under Division  
  • 10.17 Certification of service taken to be proof of service  
  • 10.18 Paying expenses  
  • 10.19 Other methods of service outside Australia not excluded by Division
ORDER 11 -- Service of foreign process  
  • 11.1 Terms used  
  • 11.2A Application of this Order  
  • 11.2 Service pursuant to letter of request for service  
  • 11.3 Service under Convention  
  • 11.4 Service to be through sheriff  
  • 11.5 Consequential orders
ORDER 11A -- Service under the Hague Convention

Division 1 -- Preliminary  

  • 11A.1 Terms used  
  • 11A.2 Provisions of this Order to prevail

Division 2 -- Service abroad of local judicial documents  

  • 11A.3 Application of this Division  
  • 11A.4 Application for request for service abroad  
  • 11A.5 How application to be dealt with  
  • 11A.6 Procedure on receipt of certificate of service  
  • 11A.7 Payment of costs  
  • 11A.8 Evidence of service

Division 3 -- Default judgment following service abroad of initiating process  

  • 11A.9 Application of this Division  
  • 11A.10 Restriction on power to enter default judgment if certificate of service filed  
  • 11A.11 Restriction on power to enter default judgment if certificate of service not filed  
  • 11A.12 Setting aside judgment in default of appearance

Division 4 -- Local service of foreign judicial documents  

  • 11A.13 Application of this Division  
  • 11A.14 Certain documents to be referred back to Attorney‑General’s Department of Commonwealth  
  • 11A.15 Service  
  • 11A.16 Affidavit as to service
ORDER 12 -- Appearance  
  • 12.1 Who may enter appearance  
  • 12.2 How to enter an appearance  
  • 12.3 Procedure on receipt of requisite documents  
  • 12.4 Appearance to be served on plaintiff  
  • 12.5 Late appearance  
  • 12.6 Conditional appearance  
  • 12.7 Setting aside writ etc. before appearance  
  • 12.8 Person not named may defend action for possession of land  
  • 12.9 Person appearing under r. 8 to be named as defendant  
  • 12.10 Limiting defence in action for possession of land  
  • 12.11 Defendant who wishes to abide by decision of court to file notice of intention to abide
ORDER 13 -- Judgment in default of appearance to writ  
  • 13.1 Plaintiff may enter judgment if defendant fails to enter appearance  
  • 13.2 Claim for liquidated demand  
  • 13.3 Claims for unliquidated damages  
  • 13.4 Claim relating to detention of goods (excluding mortgage actions)  
  • 13.5 Claim for possession of land (excluding mortgage actions)  
  • 13.6 Mortgage actions  
  • 13.7 Content of affidavit required by r. 6(2)(b)(ii)  
  • 13.8 Writs for 2 or more claims to which r. 2 to 6 apply  
  • 13.9 Writs for other claims  
  • 13.10 Entry of judgment for costs only upon writs for other claims  
  • 13.11 Reference to Court in case of doubt or difficulty  
  • 13.12 Default judgment to inform defendant of certain matters  
  • 13.13 Service of default judgment  
  • 13.14 Setting aside or varying default judgment
ORDER 14 -- Summary judgment  
  • 14.1 When plaintiff may apply for summary judgment  
  • 14.2 Application under r. 1, how to make  
  • 14.3 Judgment may be given for plaintiff  
  • 14.4 Defendant may be given leave to defend  
  • 14.6 Summary judgment on counterclaim  
  • 14.7 Court’s powers if leave to defend given etc.  
  • 14.8 Costs  
  • 14.9 Right to proceed with residue of action or counterclaim  
  • 14.10 Judgment for delivery of specific chattel  
  • 14.11 Relief from judgment for recovery of land  
  • 14.12 Summary judgment against absent party may be set aside or varied
ORDER 16 -- Summary judgment on application of defendant  
  • 16.1 Application by defendant for summary judgment  
  • 16.2 Plaintiff may show cause  
  • 16.3 Court’s powers if action to go to trial  
  • 16.4 Summary judgment against absent party may be set aside or varied
ORDER 17 -- Interpleader  
  • 17.1 When interpleader relief may be granted  
  • 17.2 How to apply for interpleader relief  
  • 17.3 Time for application by defendant  
  • 17.4 Stay of proceedings  
  • 17.5 Court’s powers on application  
  • 17.6 Summary determination  
  • 17.7 Where question of law only  
  • 17.8 Claimant failing to appear etc.  
  • 17.9 Power to order sale of goods  
  • 17.10 Discovery etc. and trial  
  • 17.11 One order where several causes pending  
  • 17.15 Orders as to costs etc.
ORDER 18 -- Causes of action, counterclaims and parties  
  • 18.1 Joinder of causes of action  
  • 18.2 Counterclaim against plaintiff  
  • 18.3 Counterclaim against additional parties  
  • 18.4 Joinder of parties  
  • 18.5 Court may order separate trials etc.  
  • 18.6 Misjoinder and nonjoinder of parties  
  • 18.7 Change of parties by reason of death etc.  
  • 18.8 Order made under r. 6 or 7, consequences of  
  • 18.9 Failure to proceed after death of party  
  • 18.10 Action for possession of land, joining non-party who is in possession  
  • 18.11 Relator actions  
  • 18.12 Representation of persons with same interest in proceedings  
  • 18.13 Representation of interested persons who cannot be ascertained etc.  
  • 18.14 Representation of beneficiaries by trustees etc.  
  • 18.15 Representation of deceased person interested in proceedings  
  • 18.16 Declaratory judgment  
  • 18.17 Conduct of proceedings
ORDER 18A -- Representative proceedings under the Civil Procedure (Representative Proceedings) Act 2022  
  • 18A.1 Terms used  
  • 18A.2 Person must act by legal practitioner  
  • 18A.3 Representative Proceedings List; headings to documents  
  • 18A.4 Form of consent to be group member  
  • 18A.5 Form of opt‑out notice
ORDER 19 -- Third party and similar proceedings  
  • 19.1 Third party notice  
  • 19.2 Application for leave to issue third party notice  
  • 19.3 Issue and service of, and entry of appearance to, third party notice  
  • 19.4 Third party directions  
  • 19.5 Default of third party etc.  
  • 19.6 Setting aside third party proceedings  
  • 19.7 Judgment between defendant and third party  
  • 19.8 Claims and issues between defendant and another party  
  • 19.9 Claims by third and subsequent parties  
  • 19.10 Offer of contribution  
  • 19.11 Counterclaim by defendant  
  • 19.12 Costs
ORDER 20 -- Pleadings  
  • 20.1 Statement of claim, service of  
  • 20.2 Statement of claim, content of  
  • 20.3 Pleadings etc. to be filed before service  
  • 20.4 Defence, service of  
  • 20.5 Reply and defence to counterclaim, service of  
  • 20.6 Pleadings subsequent to reply etc., leave required for  
  • 20.7 Pleadings, formal requirements of  
  • 20.8 Facts, not evidence, to be pleaded  
  • 20.9 Matters which must be specifically pleaded  
  • 20.10 Matter may be pleaded whenever arising  
  • 20.11 Party’s pleadings to be consistent  
  • 20.12 Points of law may be pleaded  
  • 20.13 Particulars of claims etc.  
  • 20.13A Particulars in defamation actions  
  • 20.14 Admissions, traverses etc.  
  • 20.15 Denial by joinder of issue  
  • 20.16 Defence of tender not available without payment into court  
  • 20.17 Defence of set‑off  
  • 20.18 Counterclaim and defence to counterclaim  
  • 20.19 Striking out pleadings etc.  
  • 20.20 Close of pleadings  
  • 20.21 Trial without pleadings  
  • 20.22 Preparation of issues  
  • 20.23 Collision between vessels, content etc. of Preliminary Act  
  • 20.24 Failure to file Preliminary Act
ORDER 21 -- Amendment  
  • 21.1 Amending writ without leave  
  • 21.2 Amending memorandum of appearance  
  • 21.3 Amending pleadings without leave  
  • 21.5 Amending writ or pleading with leave  
  • 21.6 Amending other originating process  
  • 21.7 Amending other documents  
  • 21.8 Failure to amend after order  
  • 21.9 How amendments to be made  
  • 21.10 Clerical errors etc., correcting (slip rule)  
  • 21.11 Service of amended documents
ORDER 23 -- Discontinuance  
  • 23.1 Withdrawing appearance  
  • 23.2 Plaintiff may discontinue; defence etc. may be withdrawn  
  • 23.3 Costs  
  • 23.4 Subsequent action stayed pending payment  
  • 23.5 Withdrawal of summons
ORDER 24 -- Payment into court -- offers to consent to judgment  
  • 24.9 In certain cases no payment out without order  
  • 24.11 Intestate’s estate, Court may direct some payments without administration  
  • 24.12 Regulations (Sch. 3)
ORDER 24A -- Offer of compromise  
  • 24A.1 Parties entitled to make offer  
  • 24A.2 Application of this Order to counterclaims and third party notices  
  • 24A.3A How to make offer  
  • 24A.3 Time etc. for making, accepting etc. offer  
  • 24A.4 Time for payment of sum offered  
  • 24A.5 Withdrawing acceptance of offer  
  • 24A.6 Offer without prejudice  
  • 24A.7 Disclosure of offer to Court  
  • 24A.8 Failure to comply with accepted offer  
  • 24A.9 Multiple defendants  
  • 24A.10 Costs
ORDER 25 -- Security for costs  
  • 25.1 Factors that are not grounds for ordering security for costs  
  • 25.2 Grounds for ordering security for costs  
  • 25.3 Court has discretion  
  • 25.4 Term used: plaintiff  
  • 25.5 Manner of giving security  
  • 25.6 Action may be stayed  
  • 25.7 Payment out  
  • 25.8 Saving
ORDER 26 -- Discovery and inspection  
  • 26.1A Terms used  
  • 26.1B Documents not wholly discoverable  
  • 26.1 Discovery without order  
  • 26.2 Continuing obligation to give discovery  
  • 26.3 Determination of issue relevant to right to discovery  
  • 26.4 List of documents and verifying affidavit, form, content and making of  
  • 26.5 Defendant entitled to copy of co‑defendant’s list etc.  
  • 26.6 Order for information as to particular documents  
  • 26.7 Orders as to discovery  
  • 26.8 Inspection of documents in list  
  • 26.8A Procedure on discovery  
  • 26.9 Order for inspection of documents  
  • 26.10 Order for production to Court  
  • 26.11 Order for production etc. only if necessary  
  • 26.11A Costs of preparing document to facilitate inspection  
  • 26.12 Claim of privilege  
  • 26.13 Inspection of copies of business books  
  • 26.14 Public interest immunity not affected  
  • 26.15 Non‑compliance with requirements for discovery etc.  
  • 26.16A Certificate by legal practitioner  
  • 26.16 Revocation and variation of orders
ORDER 26A -- Discovery etc. from non‑parties and potential parties  
  • 26A.1 Terms used  
  • 26A.2 Public interest immunity not affected  
  • 26A.3 Discovery etc. to identify a potential party  
  • 26A.4 Discovery from potential party  
  • 26A.5 Discovery from non‑party  
  • 26A.6 Order 26 applies to discovery ordered under this Order  
  • 26A.7 Costs  
  • 26A.8 Certificate by legal practitioner for non‑party or potential party
ORDER 27 -- Interrogatories  
  • 27.1 Notice of and answers to interrogatories  
  • 27.2 Answers, time for and manner of giving  
  • 27.3 Interrogatories given to 2 or more parties etc., who has to answer  
  • 27.4 Content of answers  
  • 27.5 Grounds for objecting to answer  
  • 27.6 Answers, who can make  
  • 27.7 Failing to answer or to answer sufficiently  
  • 27.8 Non‑compliance with order under r. 7  
  • 27.9 Use of answers in evidence  
  • 27.10 Revoking and varying orders
ORDER 28 -- Medical examination: inspection of physical objects  
  • 28.1 Medical examination of a party  
  • 28.2 Inspection of physical objects
ORDER 30 -- Admissions  
  • 30.1 Admission of other party’s case  
  • 30.2 Notice to admit facts  
  • 30.3 Judgment on admissions  
  • 30.4 Admissions as to and production of documents  
  • 30.5 Notice to admit authenticity of documents; notice requiring production of documents at trial
ORDER 31 -- Special cases and stated cases  
  • 31.1 Questions of law, stating of in special case  
  • 31.2 Preliminary question of law, orders as to  
  • 31.3 Preparing special case  
  • 31.4 Special case affecting person under disability, leave needed to enter for argument  
  • 31.5 Entering special case for argument  
  • 31.6 Agreement as to payment of money and costs  
  • 31.7 Reference of case to Court of Appeal (Act s. 58(1)(d))  
  • 31.8 Cases stated to Court (not Court of Appeal) by other courts etc.
ORDER 32 -- Place and mode of trial  
  • 32.1 Trial in circuit town  
  • 32.2 Application for trial by jury  
  • 32.3 Usual mode of trial, other modes  
  • 32.4 Time of trial of questions or issues  
  • 32.5 Issues may be tried differently  
  • 32.6 Trial with jury to be by single judge  
  • 32.7 Disposal of action  
  • 32.8 Trial by jury, precepts for etc.
ORDER 33 -- Entry for trial  
  • 33.1 Entry for trial  
  • 33.2 Consequences of failing to enter for trial as directed  
  • 33.3 Notice of entry  
  • 33.4 Form of entry for trial  
  • 33.14 Papers for judge
ORDER 34 -- Proceedings at trial  
  • 34.1A Outlines for trial  
  • 34.1 Absence of both parties at trial  
  • 34.2 Absence of one party at trial  
  • 34.3 Setting aside judgment given in absence of party  
  • 34.4 Adjournment of trial  
  • 34.5 Conduct of trial  
  • 34.5A Time etc. limits at trial  
  • 34.6 Evidence in mitigation of damages for defamation  
  • 34.7 Inspection by judge or jury  
  • 34.8 Judgment at or after trial  
  • 34.9 Record of proceedings  
  • 34.10 Where time occupied by trial excessive  
  • 34.11 Entry of findings of fact on trial  
  • 34.12 Certificate for entry of judgment  
  • 34.13 Exhibits  
  • 34.14 Return of exhibits  
  • 34.15A Return of document etc. to non-party who produced it under subpoena  
  • 34.16 Death of party before judgment is given  
  • 34.17 Impounded documents  
  • 34.18 Assessment of damages by master  
  • 34.19 Damages to time of assessment  
  • 34.20 Writ of inquiry not to be used
ORDER 35 -- Assessors and referees  
  • 35.1 Trial with assessors  
  • 35.2 Trial before referee  
  • 35.3 Evidence before referee  
  • 35.4 Authority of referee  
  • 35.5 Referee cannot order imprisonment  
  • 35.6 Referee may submit question to Court  
  • 35.7 Notice of referee’s report  
  • 35.8 Adoption etc. of referee’s report in adjourned case  
  • 35.9 Adoption etc. of referee’s report where case not adjourned  
  • 35.10 Costs  
  • 35.11 Application of this Order to other references
ORDER 36 -- Evidence: general  
  • 36.1 Facts to be proved usually by oral evidence in open court  
  • 36.2 Evidence by affidavit  
  • 36.3 Evidence of children etc. (Evidence Act 1906 s. 106S)  
  • 36.4 Reception of plans etc. in evidence  
  • 36.5 Orders under r. 2 or 4 may be revoked or varied  
  • 36.6 Trials of issues etc., evidence in  
  • 36.7 Depositions as evidence  
  • 36.8 Court documents admissible in evidence  
  • 36.9 Evidence at trial may be used in subsequent proceedings  
  • 36.10 Evidence in another cause  
  • 36.11 Production of documents  
  • 36.20 Interest for purposes of Act s. 32
ORDER 36A -- Expert evidence   ORDER 36B -- Subpoenas  
  • 36B.1 Terms used  
  • 36B.2 Issuing subpoenas  
  • 36B.3 Form of subpoena  
  • 36B.4 Service of subpoenas  
  • 36B.5 Party may request notice that subpoena to produce has been obeyed  
  • 36B.5A Altering date for attendance or production  
  • 36B.6 Compliance with subpoena  
  • 36B.7 Production otherwise than at a trial  
  • 36B.8 Setting aside subpoena to attend to give evidence  
  • 36B.8A Setting aside subpoena to produce and directions as to things to be produced  
  • 36B.8B How requests under r. 8 and 8A to be made  
  • 36B.9 Inspecting and dealing with documents and things produced otherwise than at a trial  
  • 36B.10 Disposal of documents and things produced  
  • 36B.11 Costs and expenses of compliance  
  • 36B.12 Failure to comply with subpoena is contempt of court  
  • 36B.13 Documents and things in custody of court
ORDER 37 -- Affidavits   ORDER 38 -- Evidence by deposition  
  • 38.1 Power to order depositions to be taken  
  • 38.4 Enforcing attendance of witness  
  • 38.5 Refusal of witness to attend or be sworn  
  • 38.6 Time and place of examination, notice of  
  • 38.7 Documents to be given to examiner  
  • 38.8 Practice on examination  
  • 38.9 Expenses of witnesses  
  • 38.10 Additional witnesses may be examined with parties’ consent  
  • 38.11 How depositions to be taken  
  • 38.12 Objection to questions  
  • 38.13 Examiner may give Court special report  
  • 38.14 Oaths  
  • 38.15 Perpetuating testimony  
  • 38.16 Examiner’s fees  
  • 38.17 Payment of examiner’s fees
ORDER 38A -- Examination of witnesses outside the State  
  • 38A.1 Terms used  
  • 38A.2 Order applies to Act s. 110 and  
  • 38A.3 Applications under Act s. 110 and 111 in civil proceedings  
  • 38A.4 Application under Act s. 110 and 111 in criminal proceedings  
  • 38A.5 Orders under Act s. 110 and 111  
  • 38A.6 Manner of examination  
  • 38A.7 Examiner’s remuneration
ORDER 39 -- Taking of evidence for foreign and Australian courts  
  • 39.1 Terms used  
  • 39.2 Applications under Act s. 116  
  • 39.3 Orders under Act s. 117  
  • 39.4 Examiner’s remuneration  
  • 39.4A Examiner’s power to administer oaths  
  • 39.5 Transmission of depositions  
  • 39.6 Procedure where witness claims privilege
ORDER 39A -- Trans‑Tasman Proceedings Act 2010 (Commonwealth) rules

Division 1 -- General  

  • 39A.1 Term used: Act  
  • 39A.2 Application of this Order

Division 2 -- Subpoenas to be served in New Zealand  

  • 39A.2A Form of subpoenas  
  • 39A.3 Leave to serve subpoena (Act s. 31)  
  • 39A.4 Setting aside subpoena (Act s. 35 and 36)  
  • 39A.5 Failure to comply with subpoena (Act s. 38)

Division 3 -- Remote appearances from New Zealand  

  • 39A.6A Appearances by audio link or audiovisual link (Act s. 48)  
  • 39A.6 Evidence by audio link or audiovisual link (Act s. 50)

Division 4 -- Registration and enforcement of NZ judgments  

  • 39A.7 Setting aside registration of NZ judgment (Act s. 72)  
  • 39A.8 Stay of enforcement of registered NZ judgment (Act s. 76)
ORDER 40 -- Court experts  
  • 40.1 Terms used  
  • 40.2 Court expert, appointment of etc.  
  • 40.3 Report of Court expert  
  • 40.4 Cross‑examination of Court expert  
  • 40.5 Remuneration of Court expert  
  • 40.6 Further expert witnesses
ORDER 41 -- Motion for judgment  
  • 41.1 Judgment to be on motion  
  • 41.2 When motion for judgment may be set down after trial etc.  
  • 41.3 Motion for judgment before trial etc. of all issues  
  • 41.4 Motion for judgment to be set down within one year  
  • 41.5 Court may draw inferences and determine questions
ORDER 42 -- Entry of judgment  
  • 42.1 Mode and form of entry  
  • 42.2 Date from which judgment or order takes effect  
  • 42.3 Orders to do an act, time for obeying to be specified  
  • 42.4 Entering judgment on filing of affidavit etc.  
  • 42.5 Entering judgment pursuant to order etc.  
  • 42.6 Entering judgment on certificate of master or registrar  
  • 42.7 Entering judgment by consent when party appears by solicitor  
  • 42.8 Entering judgment by consent where defendant has not appeared or is self‑represented  
  • 42.9 Satisfaction of judgments
ORDER 43 -- Drawing up judgments and orders  
  • 43.1 Drawing up etc. judgments etc.  
  • 43.2 When order need not be drawn up  
  • 43.3 Authentication of judgments and orders  
  • 43.4 Judgments and orders to be court record; issue and use of duplicates  
  • 43.5 Amending orders  
  • 43.6 Draft judgment or order to be filed  
  • 43.7 Appointment to settle draft  
  • 43.8 Attendance on settling draft  
  • 43.9 Default of attendance on settling draft  
  • 43.10 Dispensing with appointment  
  • 43.11 Registrar’s and Court’s powers to settle judgments etc.  
  • 43.12 Party to engross settled judgment or order  
  • 43.13 Certificate for special allowance on taxation of costs  
  • 43.14 Entry of judgments and orders  
  • 43.15 Application to vary  
  • 43.16 Consent orders
ORDER 44A -- Foreign Judgments Act 1991 (Commonwealth) rules  
  • 44A.1 Terms used  
  • 44A.2 Application of this Order  
  • 44A.3 Application for registration (Act s. 6)  
  • 44A.4 Evidence in support of application  
  • 44A.5 Security for costs  
  • 44A.6 Order for registration  
  • 44A.7 Record to be kept of registered judgments  
  • 44A.8 Notice of registration  
  • 44A.9 Indorsement of service  
  • 44A.10 Application to set aside registration  
  • 44A.11 Enforcing registered judgment  
  • 44A.12 Determination of certain questions  
  • 44A.13 Certified copy of judgment obtained in this State
ORDER 45 -- Accounts and inquiries  
  • 45.1 Summary order for account to be taken  
  • 45.2 Direction for accounts etc. may be made at any stage  
  • 45.3 Directions to be numbered  
  • 45.4 Directions as to mode of taking account  
  • 45.5 Account to be verified  
  • 45.6 Vouchers and contested etc. items, directions as to  
  • 45.7 Surcharge or error, notice of  
  • 45.8 Allowances that can be made without direction  
  • 45.9 Expediting proceedings  
  • 45.10 Distributing fund before all persons entitled are ascertained  
  • 45.11 Master etc. may be ordered to take accounts or make inquiries  
  • 45.12 Right to adjournment from registrar etc.
ORDER 46 -- Civil Judgments Enforcement Act 2004 rules  
  • 46.1 Terms used  
  • 46.2 Applications that may be dealt with by registrar  
  • 46.3 Enforcing judgment in action between partners
ORDER 51 -- Receivers  
  • 51.1 Application for receiver and injunction  
  • 51.3 Security to be given by receiver  
  • 51.4 Remuneration of receiver  
  • 51.5 Accounts by receiver  
  • 51.6 Payment of balances by receiver  
  • 51.7 Default by receiver  
  • 51.8 Final accounts to be filed  
  • 51.9 Compensation to party restrained  
  • 51.10 Compensation by applicant to party restrained  
  • 51.11 Application to Civil Judgments Enforcement Act 2004
ORDER 52 -- Interlocutory injunctions, interim preservation of property  
  • 52.1 Application for injunction  
  • 52.2 Detention etc. of property; securing funds in dispute  
  • 52.3 Power to order taking of samples etc.  
  • 52.4 Disposal of perishable property etc.  
  • 52.5 Order for early trial on application for receiver, injunction etc.  
  • 52.6 Recovering personal property subject to lien  
  • 52.7 Directions  
  • 52.8 Allowance of income or transfer of property during case  
  • 52.9 Injunction to include undertaking as to compensation to party restrained  
  • 52.10 Compensation to party restrained by undertaking
ORDER 52A -- Freezing orders  
  • 52A.1 Terms used  
  • 52A.2 Freezing order  
  • 52A.3 Ancillary order  
  • 52A.4 Respondent need not be party to proceeding  
  • 52A.5 Order against judgment debtor, prospective judgment debtor or third party  
  • 52A.6 Court’s other jurisdiction not affected  
  • 52A.7 Service outside Australia of application for order  
  • 52A.8 Costs
ORDER 52B -- Search orders  
  • 52B.1 Terms used  
  • 52B.2 Search order  
  • 52B.3 Requirements for making of search order  
  • 52B.4 Court’s other jurisdiction not affected  
  • 52B.5 Terms of search order  
  • 52B.6 Independent solicitors, appointment of etc.  
  • 52B.7 Costs
ORDER 53 -- Sales of land by the Court  
  • 53.1 Term used: land  
  • 53.2 Power to order sale of land  
  • 53.3 Manner of sale  
  • 53.4 Directions  
  • 53.5 Certificate of sale  
  • 53.6 Mortgage, exchange or partition  
  • 53.7 Reference of matters to counsel  
  • 53.8 Objection to counsel’s opinion
ORDER 54 -- Originating and other motions  
  • 54.1 Application of this Order  
  • 54.2 Which applications to be made by motion  
  • 54.3 Notice of motion  
  • 54.4 Time of notice of motion  
  • 54.5 Form of notice of motion  
  • 54.6 Issue of notice of motion  
  • 54.7 Service of notice of motion with writ etc.  
  • 54.8 Adjournment etc.
ORDER 55 -- Committal and attachment  
  • 55.1 Term used: contemnor  
  • 55.2 Committal for contempt of court  
  • 55.3 Contempt in face of Court  
  • 55.4 Other cases of contempt  
  • 55.5 Form and service of notice or summons  
  • 55.6 Arresting contemnors  
  • 55.7 Punishing contemnors  
  • 55.8 Execution of committal order may be suspended  
  • 55.9 Discharge from committal  
  • 55.10 Saving for other powers  
  • 55.11 Court may make peremptory order in first instance  
  • 55.12 Application of r. 6 to 9 to attachment etc.
ORDER 56 -- Judicial review

Division 1 -- General  

  • 56.1 Terms used  
  • 56.2 Making an application  
  • 56.3 Serving an application  
  • 56.4 Options of person served with application  
  • 56.5 Procedure on application  
  • 56.6 Discovery and interrogatories  
  • 56.7 Costs  
  • 56.10 Issue and filing of writs

Division 2 -- Certiorari  

Division 3 -- Mandamus  

  • 56.15 Applicant to show interest etc.  
  • 56.16 Form of writ  
  • 56.17 Time for return of writ  
  • 56.18 Service  
  • 56.19 Service on corporate body, or justices  
  • 56.20 Return, content etc. of  
  • 56.21 Pleading to return  
  • 56.22 No motion for judgment needed in some cases  
  • 56.23 Peremptory writ  
  • 56.24 Costs  
  • 56.25 Proceedings in nature of interpleader  
  • 56.26 Proceedings not to abate due to death etc.  
  • 56.28 Mandamus by order  
  • 56.29 No action against party obeying writ or order

Division 4 -- Prohibition and procedendo  

  • 56.30 Court may direct service of statement of claim instead of issuing prohibition  
  • 56.31 Proceedings on judgment  
  • 56.32 Writ of procedendo  
  • 56.33 Prohibition by order

Division 5 -- Quo warranto  

  • 56.34A Application for information of quo warranto  
  • 56.34 Rules of court applicable  
  • 56.35 Signature and service of information
ORDER 56A -- Review orders under the Magistrates Court Act 2004  
  • 56A.1 Terms used  
  • 56A.2 Application for review order, making  
  • 56A.3 Application for review order, procedure on  
  • 56A.4 Review order, service of  
  • 56A.5 Review order, hearing of  
  • 56A.6 Final order, making and service of
ORDER 57 -- Habeas corpus  
  • 57.1 Application for writ  
  • 57.2 Power of Court when ex parte application made  
  • 57.3 Copies of affidavits to be supplied  
  • 57.4 Court may order release of person restrained  
  • 57.5 Signed copy of writ to be filed  
  • 57.6 Order for issue of writ, contents of  
  • 57.7 Service of writ and notice  
  • 57.8 Return to writ of habeas corpus  
  • 57.9 Procedure on hearing  
  • 57.10 Form of writ
ORDER 58 -- Proceedings by originating summons

Division 1 -- Introductory  

  • 58.1 Which proceedings to be commenced by originating summons

Division 2 -- Administration and trusts  

  • 58.2 Executors etc. seeking certain relief without administration  
  • 58.3 Executors etc. applying for administration  
  • 58.4 Service of summons issued under r. 2 or 3  
  • 58.5 Decision without judgment for administration  
  • 58.6 Orders which may be made on application for administration etc. of trusts  
  • 58.7 Interference with discretion of trustee etc.  
  • 58.8 Conduct of sale of trust property

Division 4 -- Declaration on originating summons  

  • 58.10 Construction of written instruments  
  • 58.11 Construction or validity of legislation  
  • 58.12 Court may refuse to determine summons in some cases  
  • 58.13 Effect of contracts for sale etc. of land

Division 5 -- General  

  • 58.14 Form and issue of originating summons  
  • 58.15 Order 7 applies to originating summons  
  • 58.16 Time for appearance  
  • 58.17 Entry of appearance  
  • 58.18 When appearance not required  
  • 58.18A Time for service where appearance not required  
  • 58.19 Fixing time for hearing summons  
  • 58.21 Evidence at hearing to be by affidavit  
  • 58.22 Hearings in absence of party  
  • 58.23 Order made ex parte may be set aside  
  • 58.24 Costs thrown away by non‑attendance of party  
  • 58.25 Hearings not completed on hearing date  
  • 58.26 Other matters that may be included in one summons  
  • 58.27 Directions as to hearings, evidence etc.  
  • 58.28 Adjourning hearings  
  • 58.29 Court’s powers and procedure at hearings  
  • 58.30 Transfer of Land Act 1893 s. 129C applications, directions as to
ORDER 59 -- Applications and proceedings in chambers  
  • 59.1 Business to be dealt with in chambers  
  • 59.2 Hearings may be in open court or chambers  
  • 59.3 Applications in chambers  
  • 59.4 Form and issue of summons  
  • 59.5 Summons, service of  
  • 59.6 Experts, assistance of  
  • 59.7 Application of O. 58 r. 22 to 28  
  • 59.8 Stay of proceedings, ordering  
  • 59.9 Parties to confer before making application  
  • 59.10 Orders, form of
ORDER 60 -- Masters’ jurisdiction  
  • 60.1 Masters’ general jurisdiction  
  • 60.2 Master may refer matter to judge or Court of Appeal
ORDER 60A -- Jurisdiction of registrars and appeals from registrars’ decisions  
  • 60A.1 Registrars’ general jurisdiction  
  • 60A.2 Registrars’ jurisdiction with respect to case management  
  • 60A.2A Registrars to deal with applications within their jurisdiction  
  • 60A.3 Registrar may refer proceedings to judge or master  
  • 60A.4 Appeals from decisions of registrars  
  • 60A.5 Appeal procedure  
  • 60A.6A Other parties to appeal to advise certain matters  
  • 60A.6 Appeal is by way of new hearing  
  • 60A.7 This Order not to apply to Court of Appeal Registrar
ORDER 61 -- Proceedings under judgments and orders

Division 1 -- Application of order  

  • 61.1 Application to proceedings under orders

Division 2 -- Summons to proceed  

  • 61.2 Summons to proceed, requirement for and proceedings on  
  • 61.3 Notice of judgment, Court may order service of in some cases  
  • 61.4 Settling deed if parties differ, procedure for  
  • 61.5 When service of notice of judgment may be dispensed with  
  • 61.6 Judgment for accounts etc., power to bind persons in some cases  
  • 61.7 Procedure where some parties not served etc.  
  • 61.8 Course of proceedings in chambers

Division 3 -- Attendances  

  • 61.9 Classifying interests of parties  
  • 61.10 Judge may require distinct solicitor to represent parties  
  • 61.11 Attendance of parties not directed to attend  
  • 61.12 Order stating parties directed to attend

Division 4 -- Claims of creditors and other claimants  

  • 61.13 Advertisements for creditors etc., power to direct  
  • 61.14 Advertisements, preparation etc. of  
  • 61.15 Advertisements, contents of  
  • 61.15A Claims to state claimant’s contact details  
  • 61.16 Failure to claim within specified time  
  • 61.17 Examination and verification of claims  
  • 61.18 Adjudicating on claims  
  • 61.19 Adjourning adjudications; fixing time for filing evidence etc.  
  • 61.20 Service of notice of judgment on certain claimants  
  • 61.21 Notice of claims allowed or disallowed

Division 5 -- Interest  

  • 61.23 Interest on debts  
  • 61.24 Interest on legacies

Division 6 -- Masters’ and registrars’ certificates  

  • 61.25 Master’s certificate  
  • 61.26 Settling and filing master’s certificate  
  • 61.27 Judge may determine questions in proceedings before master  
  • 61.28 Appeal against master’s certificate  
  • 61.28A Judge may discharge or vary registrar’s certificate

Division 7 -- Further consideration  

  • 61.29 Summons to have matter in chambers further considered
ORDER 62 -- Trustees Act 1962 rules  
  • 62.1 Making applications under Act  
  • 62.2 Title of proceedings  
  • 62.3 Payment into court under Act s. 99  
  • 62.4 Notice of payment in etc.  
  • 62.5 Applications in respect of money etc. paid into court
ORDER 65 -- Appeals to the General Division

Division 1 -- Preliminary matters  

  • 65.1 Terms used  
  • 65.2 Application of this Order

Division 2 -- General matters  

  • 65.3 Hearings by telephone  
  • 65.4 Judge’s general jurisdiction  
  • 65.5 Non‑attendance by party, consequences of  
  • 65.6 Decisions made in absence of party  
  • 65.7 Decisions made on the papers

Division 3 -- Procedure on appeals  

  • 65.8 Nature of appeals  
  • 65.9 Time for appealing  
  • 65.10 Appeal, how to commence  
  • 65.11 Primary court to be notified and to supply records  
  • 65.12 Respondent’s options  
  • 65.13 Interim order, applying for  
  • 65.14 Urgent appeal order, nature of  
  • 65.15 Consenting to orders  
  • 65.16 Appeal books not needed unless ordered

Division 4 -- Concluding an appeal  

  • 65.17 Discontinuing an appeal  
  • 65.18 Settling an appeal  
  • 65.19 Return of exhibits
ORDER 65C -- Electoral Act 1907 section 62N rules  
  • 65C.1 Term used: Electoral Commissioner  
  • 65C.2 Application of this Order  
  • 65C.3 Application for review  
  • 65C.4 Title of proceedings  
  • 65C.5 Hearing the review  
  • 65C.6 Date of hearing  
  • 65C.7 Review book  
  • 65C.8 Applicant limited to grounds in originating motion  
  • 65C.9 Right to be heard in opposition  
  • 65C.10 Additional affidavits, determination of issue etc.  
  • 65C.11 Order as to result of review  
  • 65C.12 Application of rules of court
ORDER 66 -- Costs

Division 1 -- General  

  • 66.1 General rules as to costs  
  • 66.2 Costs where several causes of action, defendants etc.  
  • 66.3 Costs of amendment without leave or where facts or documents not admitted  
  • 66.4 Action as to property, ordering costs out of property  
  • 66.5 Lawyer may be ordered to pay costs etc.  
  • 66.6 Solicitor guardian ad litem, costs of  
  • 66.7 Set‑off may be allowed despite solicitor’s lien  
  • 66.8 State solicitors, costs of  
  • 66.8A Costs in case of legal practitioner acting pro bono  
  • 66.9 Restriction of discretion to order costs in some cases  
  • 66.10 Stage at which costs may be dealt with  
  • 66.11 Scale of costs  
  • 66.13 Costs where scale does not apply  
  • 66.14 Lump sum award for costs, interim award as to  
  • 66.17 Cases that Magistrates Court could have decided, costs in  
  • 66.18 Matters not provided for in scale  
  • 66.19 Disbursements etc. allowable on taxation  
  • 66.20 Basis for calculating costs  
  • 66.21 No substantial trial, costs in case of  
  • 66.23 Certain fees in scales may be increased if inadequate  
  • 66.24 Judgment for person under disability, solicitor’s costs in case of  
  • 66.25 Own costs orders

Division 2 -- Taxation of costs  

  • 66.32 Bills of costs to be taxed  
  • 66.33 Indorsements on bill of costs  
  • 66.34 When notice of taxation need not be given  
  • 66.35 Notice of taxation  
  • 66.36 Vouchers as to disbursements to be filed  
  • 66.37 Solicitor delaying taxation  
  • 66.38 Appointment to tax costs to be peremptory  
  • 66.39 Taxing officer may direct bills of costs to be brought in  
  • 66.40 Default by party in taxing costs  
  • 66.41 If costs payable out of property, notice to clients may be directed  
  • 66.42 Bills of costs, content of  
  • 66.43 Taxing officer’s decisions on fact are final  
  • 66.44 Taxing officer’s powers  
  • 66.45 Taxing officer may refer taxation question to Court  
  • 66.46 Where proceedings adjourned into court  
  • 66.47 Interrogatories and discovery, costs of  
  • 66.48 Costs of motion etc. follow event  
  • 66.49 Motion etc. stood over to trial and no order made as to costs, costs in case of  
  • 66.50 Costs reserved  
  • 66.51 When Court may fix costs  
  • 66.52 Taxing officer may refer question to judge if costs to be apportioned etc.

Division 3 -- Review of taxation  

  • 66.53 Party dissatisfied with taxation may object and apply for review  
  • 66.54 Review of taxation by taxing officer  
  • 66.55 Review of taxation by judge  
  • 66.56 No further evidence on review except with leave

Division 4 -- Miscellaneous  

  • 66.57 Taxing officer’s certificate enforceable as judgment  
  • 66.58 Stay on review  
  • 66.59 Party liable to be paid and to pay costs, taxing officer’s powers in case of  
  • 66.60 Taking of accounts, taxing officer’s duties and powers on  
  • 66.61 Interim certificate in matters of account
ORDER 67 -- Central Office, officers  
  • 67.1 Superintendence of Central Office  
  • 67.2 Ministerial acts of registrar  
  • 67.3 Taking of oaths and affidavits  
  • 67.4 Seals  
  • 67.5 Abuse of process etc., procedure in case of  
  • 67.6 Sealed documents, evidentiary status of  
  • 67.7 Petition, award etc. to be filed before judgment etc. passed  
  • 67.8 Indexes to filed documents  
  • 67.9 Date of filing to be marked etc.  
  • 67.10 Custody of documents and things  
  • 67.12 Deposit of documents  
  • 67.13 Restriction on removal of documents  
  • 67.14 Deposit for officer’s expenses  
  • 67.15 Admissions, awards etc. to be filed  
  • 67.16 New forms  
  • 67.17 Accounts etc. to be taken by registrar, rules applying to  
  • 67.18 Reference in judgment etc. to registrar, effect of  
  • 67.19 Principal Registrar may declare ECMS unavailable
ORDER 67A -- Filing documents

Division 1 -- Preliminary matters  

Division 2 -- Filing documents  

  • 67A.2 General rules about filing documents  
  • 67A.3 Documents must be filed using ECMS  
  • 67A.4 Documents presented for filing using ECMS or email  
  • 67A.5 Delivering documents for filing  
  • 67A.6 Posting documents for filing  
  • 67A.7 Faxing documents for filing  
  • 67A.8 How filed paper documents are to be dealt with

Division 3 -- Documents containing sensitive information  

  • 67A.9 Terms used  
  • 67A.10 Person to advise Court if filing sensitive document  
  • 67A.11 Documents containing restricted information  
  • 67A.12 Documents containing information to which access should be restricted  
  • 67A.13 Restricted documents  
  • 67A.14 Documents that are not to be accessible to judiciary

Division 4 -- Miscellaneous matters  

  • 67A.15 Principal Registrar may delegate  
  • 67A.16 Principal Registrar may refer matters to judge or master  
  • 67A.17 Appeals from decisions made under this Order
ORDER 67B -- Access to information and things held by the Court

Division 1 -- Preliminary matters  

  • 67B.1 Terms used  
  • 67B.2 Application of this Order  
  • 67B.3 Access to information and things under other legislation  
  • 67B.4 Order does not limit Court’s general power to release information

Division 2 -- Orders restricting access  

  • 67B.5 Court’s powers to restrict access

Division 3 -- Entitlements to access  

  • 67B.6 Entitlements of every person  
  • 67B.7 Entitlements of parties

Division 4 -- Access with the Court’s permission  

  • 67B.8 Access with the Court’s permission  
  • 67B.9 When Court can give permission  
  • 67B.10 When media manager can give permission

Division 5 -- Applications for access  

  • 67B.11 Applying for access  
  • 67B.12 Court’s powers as to applications for permission  
  • 67B.13 How applications are determined

Division 6 -- How access is given  

  • 67B.14 How and when the Court gives access

Division 7 -- Access by non‑parties to documents in cases commenced before 1 March 2018  

  • 67B.15 Application of this Division  
  • 67B.16 Documents that can be inspected or copied

Division 8 -- Miscellaneous matters  

  • 67B.17 Registrars’ decisions may be dealt with by judge or master
ORDER 68 -- Sittings, vacations and office hours  
  • 68.1 Civil sittings  
  • 68.2 Criminal sittings  
  • 68.3 Court vacations  
  • 68.4 Days included in sitting and vacation  
  • 68.5 When Court’s offices are open  
  • 68.6 Office hours  
  • 68.7 Vacation Judge
ORDER 69 -- Paper, printing, notice, and copies  
  • 69.1 Printing of documents, rules as to  
  • 69.2 Requirements as to documents prepared by parties  
  • 69.4 Copies of documents for other parties  
  • 69.5 Requirements as to copies  
  • 69.6 Copies of affidavits on certain ex parte applications
ORDER 70 -- Disability  
  • 70.1 Terms used  
  • 70.2 Persons under disability suing or defending  
  • 70.3 Appointment of next friend or guardian ad litem  
  • 70.4 Special provisions for probate actions  
  • 70.5 Procedure on no appearance by person under disability  
  • 70.6 Time for application by person under disability to discharge or vary order under O. 18 r. 7  
  • 70.7 Removal of next friend or guardian  
  • 70.8 No implied admission from pleading  
  • 70.9 Discovery and interrogatories  
  • 70.10 Settlement etc. of action by person under disability  
  • 70.10A Settlement etc. of appeal by person under disability  
  • 70.11 Settlement etc. before action commenced  
  • 70.12 Control of money recovered for person under disability  
  • 70.13 Personal service on person under disability
ORDER 71 -- Partners, business names  
  • 71.1 Partners may sue or be sued in name of firm  
  • 71.2 Disclosure of partners’ names  
  • 71.3 Service on firm  
  • 71.4 Person served under r. 3 to be notified of character in which he is served  
  • 71.5 Appearance of partners  
  • 71.6 No appearance except by partners  
  • 71.7 Appearance under protest of person served as partner  
  • 71.9 Rules 1 to 7 apply also to some actions between firm and its members etc.  
  • 71.11 Rules 2 to 9 apply to proceedings begun by originating summons  
  • 71.12 Application to person using business name  
  • 71.13 Application to charge partner’s interest in partnership etc.
ORDER 71A -- Contact details of parties and others  
  • 71A.1 Addresses of places, requirements for  
  • 71A.2 Geographical addresses  
  • 71A.3A Court may dispense with requirement to state geographical address  
  • 71A.3 Service details, meaning of  
  • 71A.4 Documents without contact details to be rejected  
  • 71A.5 Changes of information to be notified  
  • 71A.6 Fictitious details in documents, court powers as to
ORDER 72 -- Service of documents  
  • 72.1 When personal service required  
  • 72.2 Personal service on individual  
  • 72.3 Personal service on body corporate  
  • 72.3A Personal service on State  
  • 72.4 Substituted service  
  • 72.5 Ordinary service, how effected  
  • 72.5A Ordinary service, when effected  
  • 72.6 Service of documents by Court  
  • 72.6A Serving documents by email  
  • 72.7 Affidavits of service, content of  
  • 72.8 No service required in certain cases
ORDER 73 -- Probate proceedings  
  • 73.1 Application of this Order and terms used  
  • 73.2 Commencing probate action  
  • 73.4 Intervention by person who is not defendant  
  • 73.5 Citation against non-party with adverse interest  
  • 73.6 Person cited failing to appear  
  • 73.7 Entry of appearance  
  • 73.8 Citation to executor etc. to bring in probate etc.  
  • 73.8A Applications to include draft citation  
  • 73.9 Citations, issue of  
  • 73.10 Service of citations  
  • 73.11 Affidavit of scripts  
  • 73.12 Scripts in pencil, affidavits as to; inspecting affidavits of scripts  
  • 73.13 Default of appearance  
  • 73.14 Counterclaim  
  • 73.15 Defendant may require only proof in solemn form  
  • 73.16 Pleadings  
  • 73.17 Default of pleadings  
  • 73.18 Discontinuance  
  • 73.19 Compromise  
  • 73.20 Orders etc. to bring in will etc.  
  • 73.21 Applications, making  
  • 73.22 Administrator or receiver appointed pending litigation
ORDER 75 -- Family Provision Act 1972 rules  
  • 75.1 Terms used  
  • 75.2 Applications under Act, making of  
  • 75.3 Copy of summons to be placed on probate file or linked to electronic file  
  • 75.5 Court may make inquiries etc.  
  • 75.6 Parties may be added  
  • 75.7 Representative defendant  
  • 75.8 Probate etc. to be lodged at Registry if judgment for plaintiff  
  • 75.9 Appearance to originating summons for extension of time not required
ORDER 75A -- Admission rules  
  • 75A.1 Terms used  
  • 75A.2 Application for admission  
  • 75A.2A Compliance certificates  
  • 75A.2B Appeals under Legal Profession Uniform Law (WA) section 26 or  
  • 75A.2C Objection to admission  
  • 75A.3 Attendance at hearing of application for admission  
  • 75A.4 Oath or affirmation
ORDER 76 -- Public Notaries Act 1979 rules  
  • 76.1 Terms used  
  • 76.1A Districts prescribed for Act  
  • 76.2 Application for certificate of fitness (Act s. 8)  
  • 76.3 Notice of intention to apply to be appointed Public Notary (Act s. 9)  
  • 76.4 Application to be appointed Public Notary  
  • 76.5 Certificates of appointment, form of  
  • 76.6 Applications to suspend or strike off Public Notaries  
  • 76.7 Fees payable on application for appointment
ORDER 80 -- Escheat (Procedure) Act 1940 rules  
  • 80.1 Term used: said Act  
  • 80.2 Applications for Order of Escheat, making  
  • 80.3 Notice of applications, form of  
  • 80.4 Evidence; judge may direct inquiry  
  • 80.5 Claimants to file affidavit verifying claim and may be heard  
  • 80.6 Judge may order issue to be tried  
  • 80.7 Order of Escheat, form of  
  • 80.8 Costs
ORDER 80A -- Royal Commission (Custody of Records) Act 1992 rules  
  • 80A.1 Terms used  
  • 80A.2 Applications for leave to have access (Act s. 14)  
  • 80A.3 Order granting leave, form of
ORDER 81B -- Service and Execution of Process Act 1992 (Commonwealth) rules  
  • 81B.1 Terms used; how applications to be made  
  • 81B.2 Enforcing judgments under Act s. 105, procedure for  
  • 81B.3 Claiming interest under Act s. 108, procedure for  
  • 81B.4 Appeals under Act
ORDER 81C -- Road traffic legislation rules  
  • 81C.1 Terms used  
  • 81C.2 Applications under RT (AD) Act s. 24, 27 or 35, how to be made  
  • 81C.3 Registrar’s functions when application is made  
  • 81C.4 Applicant to serve application etc.  
  • 81C.5 Hearing of application, appearance at  
  • 81C.6 Hearing of application, procedure on  
  • 81C.7 CEO to be notified of decision
ORDER 81E -- Cross‑vesting  
  • 81E.1 Terms used  
  • 81E.2 Application of this Order  
  • 81E.3 Commencing proceedings that rely on cross-vesting laws  
  • 81E.4 Special federal matters  
  • 81E.6 Directions for conduct of proceedings  
  • 81E.7 Transfer of proceedings  
  • 81E.8 Applications to be dealt with by judge  
  • 81E.9 Transfer on Attorney General’s application (Act s. 5 or 6)  
  • 81E.10 Transfer under Act s. 8, Court’s powers on  
  • 81E.11 Procedure if laws etc. of other place to apply under Act s. 11(1)
ORDER 81F -- Proceeds of Crime Act 2002 (Commonwealth) rules  
  • 81F.1 Terms used  
  • 81F.2 Applications under Act, how to be made  
  • 81F.3 Service on DPP (Cwlth) in Perth  
  • 81F.4 DPP to file grounds for contesting application  
  • 81F.5 Summons for directions  
  • 81F.6 Court may give directions at any time  
  • 81F.7 Representative respondent  
  • 81F.8 Evidence on applications  
  • 81F.9 Court may order separate hearing
ORDER 81FA -- Criminal Property Confiscation Act 2000 rules

PART 1 -- Preliminary  

PART 2 -- Proceedings under the Confiscation Act 2000  

  • 81FA.2 Declarations under Act s. 30, applications for  
  • 81FA.3 Other declarations or orders, applications for  
  • 81FA.4 Affidavit in support required for some applications  
  • 81FA.5 Objections to confiscation of property, making of  
  • 81FA.6 DPP or CCC to be served  
  • 81FA.7 Directions  
  • 81FA.8 Conference not required  
  • 81FA.9 Representative defendant

PART 3 -- Registration of freezing notices and interstate orders  

  • 81FA.10 Freezing notices, registration of etc.  
  • 81FA.11 Interstate orders, registration of etc.
ORDER 81G -- Criminal and Found Property Disposal Act 2006 rules  
  • 81G.1 Terms used  
  • 81G.2 General matters  
  • 81G.3 Claims, how to be made  
  • 81G.4 Defendant may file memorandum of appearance  
  • 81G.5 Defendant may file affidavit in response  
  • 81G.6 Applications in course of proceedings on claim  
  • 81G.7 Hearing claims  
  • 81G.8 Costs  
  • 81G.9 Documents cannot be filed electronically
ORDER 81H -- Surveillance Devices Act 1998 rules  
  • 81H.1 Term used: Act  
  • 81H.2 Warrants, applications for  
  • 81H.3 Report to judge (Act s. 21 or 30)  
  • 81H.4 Order allowing publication etc. (Act s. 31), application for  
  • 81H.5 Identification of persons in documents  
  • 81H.6 Practice Directions  
  • 81H.7 Documents cannot be filed electronically
ORDER 82 -- Sheriff’s rules  
  • 82.7 Service of process by sheriff  
  • 82.9 Fees etc. payable to sheriff, disputes as to  
  • 82.11 Deposit on account of sheriff’s fees  
  • 82.14 Travel distance by sheriff for service  
  • 82.16 Non‑payment of sheriff’s fees, consequences of
ORDER 83 -- Consolidation of pending causes and matters  
  • 83.1 Causes may be consolidated  
  • 83.2 Consolidation with action removed from another court  
  • 83.3 Directions
ORDER 84 -- General rules  
  • 84.1 Repealed Orders not revived  
  • 84.2 Cases not provided for  
  • 84.3 Publication of written reasons for judgment  
  • 84.4 Bankruptcy jurisdiction, duty of Registrar in Bankruptcy as to seals, records etc.  
  • 84.5 Public Trustee Act 1941 s. 27, proceedings under  
  • 84.6 Sale proceeds paid into court, claimants to must file affidavit  
  • 84.7 Account by solicitor to client, applying for and order as to  
  • 84.8 Interest and apportionment, certification of  
  • 84.9 Admiralty Act 1988 (Cwlth) rules, registrar etc. may exercise powers etc. under
ORDER 85 -- Federal Courts (State Jurisdiction) Act 1999 rules  

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