{"id":"sl-2006-29","name":"Court Procedures Rules","slug":"court-procedures-rules","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"29 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173233,"registerId":"act-sl-2006-29-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Interest rates 1093","content":"Schedule 2 Interest rates 1093\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Interest up to judgment 1093","content":"Part 2.1 Interest up to judgment 1093\n2.1 Interest up to judgment after 30 June 2010—Supreme Court 1093\n2.2 Interest up to judgment after 30 June 2010—Magistrates Court 1095\nPart 2.2 Interest after judgment 1096\n2.3 Interest on judgment after 30 June 2010—Supreme Court 1096\n2.4 Interest on judgment after 30 June 2010—Magistrates Court 1097\n\nPage\ncontents 66 Court Procedures Rules 2006\n","sortOrder":1},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Costs amount—debts, liquidated demands,","content":"Schedule 3 Costs amount—debts, liquidated demands,\ncompany windings-up, enforcement orders\nand certificates of registration 1099\nPart 3.1 Claim for debt or liquidated demand 1099\nPart 3.2 Default judgment 1099\nPart 3.3 Company winding-up 1100\nPart 3.4 Enforcement orders 1100\nPart 3.5 Certificate of registration 1101\nSchedule 4 Scale of costs 1102\nPart 4.1 Scale of costs—general 1102\n4.1 Costs—general care and conduct 1102\n4.2 Costs—registrar’s discretion 1103\n4.3 Costs—letters sent by email 1103\n4.4 Costs—allowance on affidavits to include attendances 1103\n4.5 Costs—affidavit made by 2 or more people etc 1103\n4.6 Costs—documents to be served together 1104\n4.7 Costs—agency correspondence 1104\n4.8 Costs—attendance to instruct counsel 1104\n4.9 Costs—parties with same solicitor 1105\n4.10 Costs—counsel drawing and settling documents 1105\n4.11 Costs—premature brief 1105\n4.12 Costs—transitional 1106\n\nPage\ncontents 67\nDivision 4.2.2 Drawing\nDivision 4.2.3 Engrossing\nDivision 4.2.5 Perusal\nDivision 4.2.6 Attendances\nDivision 4.2.8 Witness expenses\nSchedule 5 Jurisdiction of registrar 1115\nPart 5.1 Jurisdiction under rules in relation to applications in\nproceedings not exercisable by registrar of Supreme\nCourt 1115\nPart 5.2 Jurisdiction related to Corporations Act exercisable by\nregistrar of Supreme Court 1125\nPart 5.3 Jurisdiction related to ASIC Act exercisable by\nregistrar of Supreme Court 1141\nPart 5.4 Jurisdiction under rules in relation to applications in\nproceedings not exercisable by registrar of\nMagistrates Court 1142\n","sortOrder":2},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Corporations Rules 1147","content":"Schedule 6 Corporations Rules 1147\n","sortOrder":3},{"sectionNumber":"Part 6","sectionType":"part","heading":"1 Corporations Rules—preliminary 1147","content":"Part 6.1 Corporations Rules—preliminary 1147\n1.1 Name of rules 1147\n1.2 1147\n1.3 Application of sch 6 and provisions of these rules 1147\n1.4 Terms used in Corporations Act 1148\n1.5 Definitions—sch 6 1149\n1.6 References to rules 1150\n1.7 Substantial compliance with forms 1150\n\nPage\ncontents 68 Court Procedures Rules 2006\n1.8 Court’s power to give directions 1150\n1.9 Calculation of time 1150\n1.10 Extending and shortening of time 1151\nPart 6.2 Proceedings generally 1152\n2.1 Title of documents in a proceeding 1152\n2.2 Originating process and interlocutory process 1152\n2.3 Setting of hearing 1153\n2.4 Supporting affidavits 1153\n2.4A Application for order setting aside statutory demand (Corporations Act,\ns 459G) 1154\n2.5 Affidavits made by creditors 1154\n2.6 Form of affidavits 1155\n2.7 Service of originating process or interlocutory process and supporting\naffidavit 1155\n2.8 Notice of certain applications to be given to ASIC 1156\n2.9 Notice of appearance (Corporations Act, s 465C) 1157\n2.10 Intervention in proceeding by ASIC (Corporations Act, s 1330) 1158\n2.12 Proof of publication 1158\n2.13 Leave to creditor, contributory or officer to be heard 1159\n2.14 Inquiry in relation to corporation’s debts etc 1160\n2.15 Meetings ordered by the court 1160\nPart 6.3 Compromises and arrangements in relation to Part 5.1\nbodies 1161\n3.1 Application—pt 1.3 1161\n3.2 Nomination of chairperson for meeting 1161\n3.3 Order for meetings to identify proposed scheme 1162\n3.4 Notice of hearing (Corporations Act, s 411 (4) and s 413 (1)) 1162\n3.5 Copy of order approving compromise or arrangement to be lodged\nwith ASIC 1163\nPart 6.4 Receivers and other controllers of corporation\nproperty (Corporations Act, pt 5.2) 1164\n4.1 Inquiry into conduct of controller (Corporations Act, s 423) 1164\nPart 6.5 Winding-up proceedings (including oppression\nproceedings where winding-up is sought) 1165\n5.1 Application—pt 6.5 1165\n\nPage\ncontents 69\n5.2 Affidavit accompanying statutory demand (Corporations Act, s\n459E (3)) 1165\n5.3 Application for leave to apply for winding-up in insolvency\n(Corporations Act, s 459P (2)) 1165\n5.4 Affidavit in support of application for winding-up (Corporations Act, s\n459P, s 462, s 464) 1166\n5.5 Consent of liquidator (Corporations Act, s 532 (9)) 1166\n5.6 Notice of application for winding-up 1167\n5.7 Applicant to make copies of documents available 1168\n5.8 Discontinuance of application for winding-up 1168\n5.9 Appearance before registrar 1168\n5.10 Order substituting plaintiff in application for winding-up (Corporations\nAct, s 465B) 1168\n5.11 Notice of winding-up order and appointment of liquidator 1169\nPart 6.6 Provisional liquidators (Corporations Act, pt 5.4B) 1170\n6.1 Appointment of provisional liquidator (Corporations Act, s 472) 1170\n6.2 Notice of appointment of provisional liquidator 1170\nPart 6.7 Liquidators 1172\n7.1 Resignation of liquidator (Corporations Act, s 473 (1)) 1172\n7.2 Filling vacancy in office of liquidator (Corporations Act, s 473 (7), s\n502) 1172\n7.3 Report to liquidator as to company’s affairs (Corporations Act, s 475) 1172\n7.4 Liquidator to file certificate and copy of settled list of contributories\n(Corporations Act, s 478) 1173\n7.5 Release of liquidator and deregistration of company (Corporations Act,\ns 480 (c) and (d)) 1173\n7.6 Objection to release of liquidator 1176\n7.7 Report on accounts of liquidator (Corporations Act, s 481) 1177\n7.8 Application for payment of call (Corporations Act, s 483 (3) (b)) 1177\n7.9 Distribution of surplus by liquidator with special leave of the court\n(Corporations Act, s 488 (2)) 1178\n7.10 Powers delegated to liquidator by the court (Corporations Act, s 488) 1178\n7.11 Inquiry into conduct of liquidator (Corporations Act, s 536 (1) and (2)) 1178\nPart 6.8 Special managers (Corporations Act, pt 5.4B) 1180\n8.1 Application for appointment of special manager (Corporations Act, s\n484) 1180\n\nPage\ncontents 70 Court Procedures Rules 2006\n8.2 Security given by special manager (Corporations Act, s 484) 1180\n8.3 Special manager’s receipts and payments (Corporations Act, s 484) 1181\nPart 6.9 Remuneration of office-holders 1182\n9.1 Remuneration of receiver (Corporations Act, s 425 (1)) 1182\n9.2 Determination by court of remuneration of administrator (Corporations\nAct, s 449E (1) (c) and (1A) (c)) 1184\n9.2A Review of remuneration of administrator (Corporations Act, s 449E (2))1186\n9.3 Remuneration of provisional liquidator (Corporations Act, s 473 (2)) 1188\n9.4 Determination by court of liquidator’s remuneration (Corporations Act,\ns 473 (3) (b) (ii)) 1191\n9.4A Review of remuneration of liquidator (Corporations Act, s 473 (5) and\n(6) and s 504 (1)) 1193\n9.5 Remuneration of special manager (Corporations Act, s 484 (2)) 1196\nPart 6.10 Winding-up generally 1199\n10.1 Determination of value of debts or claims (Corporations Act, s\n554A (2)) 1199\n10.2 Disclaimer of contract (Corporations Act, s 568 (1A)) 1199\n10.3 Winding-up Part 5.7 bodies (Corporations Act s 583, s 585) and\nregistered schemes (Corporations Act, s 601ND) 1199\nPart 6.11 Examinations and orders (Corporations Act, pt 5.9,\ndiv 1 and div 2) 1200\n11.1 Meaning of examination summons in pt 6.11 1200\n11.2 Application for examination or investigation under Corporations Act, s\n411 (9) (b), s 423 or s 536 (3) 1200\n11.3 Application for examination summons (Corporations Act, s 596A, s\n596B) 1201\n11.4 Service of examination summons 1202\n11.5 Discharge of examination summons 1202\n11.6 Filing of record of examination (Corporations Act, s 597 (13)) 1202\n11.7 Authentication of transcript of examination (Corporations Act,\ns 597 (14)) 1203\n11.8 Inspection of record or transcript of examination or investigation under\nCorporations Act, s 411, s 423 or s 536 1203\n11.9 Entitlement to record or transcript of examination held in public 1203\n11.10 Default in relation to examination 1204\n\nPage\ncontents 71\n11.11 Service of application for order in relation to breaches etc by person\nconcerned with corporation (Corporations Act, s 598) 1205\nPart 6.11A Warrants (Corporations Act, s 486B and pt 5.4B, div 3,\nsubdiv B) 1206\n11A.1 Arrest of person (Corporations Act, s 486B) 1206\nPart 6.12 Takeovers, acquisitions of shares and other matters\n(Corporations Act, chs 6, 6A, 6B, 6C, 6D and 7) and\nsecurities (Corporations Act, ch 7) 1207\n12.1 Service on ASIC in relation to proceedings under Corporations Act, ch\n6, 6A, 6B, 6C, 6D or 7 1207\n12.1A Reference to court of question of law arising in proceeding before\nTakeovers Panel (Corporations Act, s 659A) 1207\n12.1B Notification to court if proceeding started before end of takeover bid\nperiod (Corporations Act, s 659B) 1207\n12.2 Application for summons for appearance of person (Corporations Act,\ns 1071D (4)) 1208\n12.3 Application for orders relating to refusal to register transfer or\ntransmission of securities (Corporations Act, s 1071F) 1208\nPart 6.13 1209\nPart 6.14 Powers of courts (Corporations Act, pt 9.5) 1210\n14.1 Appeal from act, omission or decision of administrator, receiver or\nliquidator etc (Corporations Act, s 554A, s 1321) 1210\nPart 6.15 Proceedings under ASIC Act 1212\n15.1 Reference to court of question of law arising at hearing of ASIC (ASIC\nAct, s 61) 1212\n15.2 1212\n15.3 Application for inquiry (ASIC Act, s 70, s 201, s 219) 1212\nPart 6.15A Proceedings under the Cross-Border Insolvency Act 1213\n15A.1 Application—pt 6.15A and other rules 1213\n15A.2 Terms used in Cross-Border Insolvency Act 1213\n15A.3 Application for recognition 1215\n15A.4 Application for provisional relief under Model Law, art 19 1216\n15A.5 Liquidator’s consent to act 1216\n\nPage\ncontents 72 Court Procedures Rules 2006\n15A.6 Notice of filing application for recognition 1217\n15A.7 Notice of order for recognition, withdrawal etc 1217\n15A.8 Relief after recognition 1218\n15A.9 Application to modify or terminate order for recognition or other relief 1219\n15A.10 Cooperation involving court to be under coordination agreement 1220\n15A.11 Application for approval of coordination agreement 1222\n15A.12 Appointment of independent intermediary 1223\n15A.13 Starting proceeding after recognition of a foreign main proceeding 1224\n","sortOrder":4},{"sectionNumber":"Div 6","sectionType":"division","heading":"15A.5 General","content":"Division 6.15A.5 General\n15A.14 Proof of orders or documents of foreign courts 1224\n15A.15 Service in accordance with service list 1225\nPart 6.16 1226\nDictionary 1227\n1 About the endnotes 1254\n2 Abbreviation key 1254\n3 Legislation history 1255\n4 Amendment history 1264\n5 Earlier republications 1395\n\nRule 1\n","sortOrder":5},{"sectionNumber":"1","sectionType":"section","heading":"Name of rules","content":"1 Name of rules\nThese rules are the Court Procedures Rules 2006.\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Overview of rules","content":"3 Overview of rules\nThe note to this rule provides a general overview of these rules.\nNote on general overview of rules\nCh 1 deals with the application of these rules and dispensing with compliance. It\nalso contains formal provisions.\nCh 2 contains rules about civil proceedings generally, including the steps in a civil\nproceeding eg how to start a civil proceeding.\nCh 3 contains rules about particular civil proceedings, eg adoption proceedings\nand administration and probate proceedings in the Supreme Court.\nCh 4 contains rules about criminal proceedings, including the steps in a criminal\nproceeding eg arraignments.\nCh 5 contains rules about appellate proceedings, including the steps in an\nappellate proceeding eg when appeal papers must be filed.\nCh 6 contains general rules that apply to all proceedings, eg rules about service\nand documents.\nCh 7 deals with the application of these rules to existing proceedings and contains\nother transitional provisions.\nSch 1 sets out the code of conduct applying to expert witnesses.\nSch 2 sets out the interest rates applying to judgments.\n\nPreliminary Chapter 1\nRule 4\nSchedule 3 Costs amount—debts and liquidated claims\nSch 3 sets up the prescribed costs amount for claims for debts and liquidated\ndemands and for default judgments.\nSch 4 sets out the scale of costs.\nSch 5 contains provisions about the jurisdiction of the registrar (see also pt 6.5).\nSch 6 contains rules for proceedings under the corporations law.\nThe dictionary defines certain terms used in these rules.\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Application of rules","content":"4 Application of rules\n(1) Unless a territory law otherwise provides, these rules apply to all\nproceedings in the Supreme Court and Magistrates Court.\n(2) Also, a provision of these rules mentioned in an item in the following\ntable, column 2 does not apply to a proceeding in the Supreme Court\nuntil the provision mentioned in the item, column 3 is repealed or\notherwise ceases to apply for the purpose of proceedings in that court.\nTable 4.1 Provisions with delayed application to Supreme Court\nitem\nprovision of these rules\nprovision of other law\n1 division 2.11.7\n(Mediation and\nneutral evaluation)\nCivil Law (Wrongs)\nAct 2002, part 15.1\n(Mediation and neutral\nevaluation)\n\nRule 5\n(3) Subrule (2) (including table 4.1) and this subrule expire on the day\nthe last of the provisions mentioned in the table, column 3 is repealed\nor otherwise ceases to apply for the purpose of proceedings in the\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"References to court, judicial officer etc","content":"5 References to court, judicial officer etc\n(1) In a provision of these rules, a reference to the court is a reference to\nthe Supreme Court, the Magistrates Court or both, whichever is\nappropriate in the context of the provision.\n(2) For the exercise of jurisdiction given to the registrar under a territory\nlaw, a reference to the court in these rules includes a reference to the\nNote Pt 6.5 deals with the jurisdiction of the registrar (see also sch 5).\n(3) In these rules, a reference to a judicial officer is a reference to—\n(a) in relation to the Supreme Court—any of the following:\n(i) a judge;\n(ii) as far as these rules provide for the exercise of the court’s\njurisdiction by the registrar, the registrar; and\n(b) in relation to the Magistrates Court—any of the following:\n(i) a magistrate;\n(ii) as far as these rules provide for the exercise of the court’s\njurisdiction by the registrar, the registrar.\n(4) In these rules, a reference to the registrar in relation to a court is a\nreference to the registrar or a deputy registrar of the court.\n(5) In a provision of these rules, a reference to the deputy registrar is a\nreference to a deputy registrar of the Supreme Court or a deputy\nregistrar of the Magistrates Court, whichever is appropriate in the\ncontext of the provision.\n\nPreliminary Chapter 1\nRule 6\n(6) In a provision of these rules, a reference to the registry is a reference\nto the registry of the Supreme Court or Magistrates Court, whichever\nis appropriate in the context of the provision.\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Dispensing with rules","content":"6 Dispensing with rules\n(1) The court may, by order, dispense with the application of a provision\nof these rules to a particular proceeding, before or after the provision\napplies and on any conditions it considers appropriate.\n1 Rule 111 (5) (Conditional notice of intention to respond) provides that, not\nlater than 14 days after the day a conditional notice of intention to respond\nbecomes an unconditional notice of intention to respond, the defendant must\nfile a defence. The court may order that the defendant must file the defence\nnot later than 21 days instead.\n","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"Rule 6009 (Application in proceeding—filing and service of supporting","content":"2 Rule 6009 (Application in proceeding—filing and service of supporting\nmaterial) requires the supporting material for an application in a proceeding to\nbe filed and served with the application. The court may order that the applicant\nmay file the supporting material at time other than when the application is\n3 Rule 6350 (3) (Time—certain days excluded in working out) provides that any\nday in the period beginning on 25 December and ending on 1 January is\nexcluded in working out when a thing must or may be, or is, done. In an urgent\nmatter, the court may order that those days are not excluded when working out\nwhen a document is served.\n(2) If an application for an order under this rule in relation to a proceeding\nis made during the proceeding or after judgment is given in the\nproceeding, the application must be made in accordance with part 6.2\n(Applications in proceedings).\napplication), an application for a decision or order under this rule may\nbe made orally, unless the court otherwise orders on its own initiative.\n(4) For the Supreme Court, if an application for an order under this rule\nin relation to a proceeding is made before the proceeding starts, the\napplication must be made by originating application.\n\nRule 7\n(5) An express reference in a provision of these rules to the court\ndispensing with the application (however expressed) of a provision of\nthese rules (an affected provision) does not, by implication, limit the\noperation of this rule to the affected provision or to any other\nprovision of these rules.\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Dictionary","content":"7 Dictionary\nThe dictionary at the end of these rules is part of these rules.\nNote 1 The dictionary at the end of these rules defines certain terms used in these\nrules, and includes references (signpost definitions) to other terms\ndefined elsewhere in these rules.\nFor example, the signpost definition ‘earnings redirection order—see\nrule 2350.’ means that the term ‘earnings redirection order’ is defined in\nthat rule.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire rules unless the definition, or another provision of these rules,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Notes","content":"8 Notes\nA note included in these rules is explanatory and is not part of these\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nIntroductory provisions—ch 2 Part 2.1\nRule 20\n","sortOrder":13},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of plaintiff and defendant","content":"20 Meaning of plaintiff and defendant\n(1) For a proceeding (other than an application in the proceeding or a\nproceeding on a counterclaim or third-party notice)—\n(a) a reference in these rules to the plaintiff is a reference to the\nparty claiming relief; and\n(b) a reference in these rules to the defendant is a reference to the\nparty against whom relief is sought or who otherwise responds\nto the originating process.\nNote 1 Third-party notice includes a fourth-party notice, a fifth-party notice etc\n(see r 322 (2) (c)).\nNote 2 Rule 6007 (Application in proceeding—contents) requires an application\nin a proceeding to identify the person making the application and each\nperson against whom relief is sought.\n(2) For a proceeding on a counterclaim or third-party notice (the\nprocess)—\n(a) a reference in these rules to the plaintiff includes a reference to\nthe party who files and serves the process; and\n(b) a reference in these rules to the defendant includes a reference\nto the person on whom the process is served.\n\nRule 22\n","sortOrder":14},{"sectionNumber":"22","sectionType":"section","heading":"Application—ch 2","content":"22 Application—ch 2\n(1) This chapter applies to every proceeding in the Supreme Court or\nMagistrates Court to which these rules apply.\nNote 1 Rule 4 (Application of rules) deals with the proceedings to which these\nrules apply.\nNote 2 This chapter has been disapplied (with exceptions) in relation to family\nand personal violence proceedings (see r 3802) and workers\ncompensation proceedings (see r 3903).\nNote 3 The Magistrates Court includes the Childrens Court (see Magistrates\nCourt Act 1930, s 287).\n(2) However, this chapter applies to a criminal proceeding, forensic\nproceeding or appellate proceeding only as far as a territory law\nprovides that it applies.\nNote 1 Criminal proceeding and appellate proceeding are defined in the\ndictionary.\nNote 2 Forensic proceeding is defined in rule 4800.\nNote 3 Ch 4 deals with criminal and forensic proceedings and ch 5 deals with\nappellate proceedings.\nNote 4 A territory law includes these rules or a provision of these rules (see\nLegislation Act, s 98 and s 97 (1), def ACT law).\n(3) Also, this chapter does not apply to another proceeding as far as—\n(a) this chapter provides that it does not apply to the proceeding; or\n(b) chapter 3 (Particular civil proceedings) provides that this chapter\ndoes not apply to the proceeding or otherwise makes provision\nfor the proceeding inconsistent with this chapter; or\n(c) another territory law (including another provision of these rules)\nprovides that this chapter does not apply to the proceeding.\nNote Ch 6 has provisions applying to all proceedings (see r 6000\n(Application—ch 6).\n\nRule 30\n","sortOrder":15},{"sectionNumber":"30","sectionType":"section","heading":"Who may start and carry on a proceeding","content":"30 Who may start and carry on a proceeding\n(1) An individual may start and carry on a proceeding in the court—\n(b) by a solicitor acting for the individual.\nNote Rule 275 (1) (Person with legal disability—litigation guardian to start\nproceeding etc) provides that a person with a legal disability may start or\ndefend, and carry on, a proceeding only by the person’s litigation\n(2) However, a relator may only start and carry on a proceeding by a\nsolicitor acting for the relator.\nNote A relator is a person who starts and carries on a proceeding in the\nAttorney-General’s name. A person may bring a proceeding as relator\nwith the Attorney-General’s permission (or fiat) where the proceeding\ninvolves the public interest and the person would otherwise not have\nstanding to bring the proceeding.\n(3) A solicitor may act for a relator in a proceeding only if—\n(a) the relator has given the solicitor written authority to act in the\n(b) the authority is filed in the court.\n(4) A corporation may start and carry on a proceeding in the Supreme\n(a) by a solicitor acting for the corporation; or\n(b) with the court’s leave, by an officer or employee of the\ncorporation authorised by the corporation to represent it.\n\nRule 30\n(5) If an application for leave under subrule (4) is made during the\nproceeding or after judgment is given in the proceeding, the\napplication must be made in accordance with part 6.2 (Applications\nin proceedings).\n(6) For the Supreme Court, if an application for leave under subrule (4)\nis made before the proceeding starts, the application must be made by\n(7) A corporation may start and carry on a proceeding in the Magistrates\n(a) by a solicitor acting for the corporation; or\n(b) by an officer or employee of the corporation authorised by the\ncorporation to represent it.\n(8) An officer or employee mentioned in subrule (7) must file with the\nfirst document that is filed in the court for the corporation in the\n(a) an affidavit stating—\n(i) the position the person holds in the corporation; and\n(ii) that the person has been authorised by the corporation to\nrepresent the corporation in the proceeding; and\n(iii) that the authority has not been revoked; and\n(iv) that the person is aware that the person may be liable to pay\nsome or all of the costs of the proceeding; and\n(b) a copy of an instrument authorising, or evidencing the\nauthorisation of, the person to represent the corporation in the\nNote An instrument is defined in the Legislation Act, s 14 as any writing or\nother document. Writing and document are defined in the Legislation\nAct, dict, pt 1.\n\nRule 31\n","sortOrder":16},{"sectionNumber":"31","sectionType":"section","heading":"Kinds of originating processes","content":"31 Kinds of originating processes\n(1) A proceeding may be started by an originating claim or originating\napplication in accordance with these rules.\n(2) An application in a proceeding is not an originating process.\nNote An originating process means an originating claim or originating\napplication (see dict). An application in a proceeding is defined in r 6006\nto include an application to the court about the proceeding.\n","sortOrder":17},{"sectionNumber":"32","sectionType":"section","heading":"When civil proceeding starts","content":"32 When civil proceeding starts\n(1) A proceeding started by an originating process starts on the day the\noriginating process for the proceeding is filed.\nNote 1 Rule 6145 (5) (Filed documents initially rejected) provides that, if a\ndocument is rejected by the registrar, it is taken to have been filed on the\nday it was first filed.\nNote 2 Rule 301 deals with when a third-party proceeding starts.\n(2) However, if a proceeding is started by oral originating application\nunder rule 37 (When oral originating application may be made in\nSupreme Court), the proceeding starts on the day the oral originating\napplication is made.\n(3) For this rule, it does not matter—\n(a) that the originating process later ceases to be valid for service or\nis renewed under rule 74 (Originating process—duration and\nrenewal); or\n(b) that the proceeding started by the originating process is later\ndismissed under rule 75 (When proceeding taken to be\ndismissed); or\n(c) that the proceeding started by the originating process is\nreinstated under rule 76 (Reinstating dismissed proceeding).\n\nRule 33\n","sortOrder":18},{"sectionNumber":"33","sectionType":"section","heading":"When originating claim must be used","content":"33 When originating claim must be used\n(1) A proceeding must be started by originating claim if a territory law\nrequires the proceeding to be started by originating claim.\n(2) A proceeding must also be started by originating claim unless a\nterritory law requires or allows the proceeding to be started by\n","sortOrder":19},{"sectionNumber":"34","sectionType":"section","heading":"When originating application must be used","content":"34 When originating application must be used\n(1) A proceeding must be started by originating application if a territory\nlaw requires the proceeding to be started by originating application.\nNote 2 For cases in which an originating application is required under these\nrules, see the following provisions:\n• r 6 (4) (Dispensing with rules)\n• r 30 (6) (Who may start and carry on a proceeding)\n• r 211 (4) (Including parties—common issues of law or fact)\n• r 280 (10) (Litigation guardian—appointment and removal by court)\n• r 282 (2) (Person with legal disability—approval of settlement etc)\n• r 650 (2) (Discovery to identify potential defendant)\n• r 651 (2) (Discovery to identify right to claim relief)\n• r 706 (4) (Urgent orders before start of proceeding)\n• r 728 (1) (Div 2.9.4 order—procedure)\n• r 2600 (3) (Interpleader—application by stakeholder)\n• r 2746 (3) (Estate and trust accounts—order requiring examination\nand passing of accounts)\n• r 3005 (1) (Grant of representation—application)\n• r 3020 (1) (Reseal of foreign grant—application)\n• r 3069 (3) (Caveat—setting aside)\n• r 3080 (3) (Revocation of grant—urgent order before start of\nproceeding)\n\nRule 35\n• r 3092 (1) (Division 3.1.9 proceeding—starting)\n• r 3114 (3) (Failure of executor to prove will—Administration and\nProbate Act)\n• r 3115 (3) (Failure by executor, administrator or trustee to comply\nwith beneficiary’s request etc)\n• r 3303 (2) (Cross-vesting—application for transfer or removal of\n• r 3454 (1) (Foreign confiscation orders—proceedings for\n• r 3463 (1) (Interstate confiscation orders—proceedings for\n• r 3473 (1) (Foreign judgment—application for registration)\n• r 3252 (Commercial arbitration—application)\n• r 3504 (1) (Habeas corpus—application and service)\n• r 3556 (1) (Judicial review—application)\n• r 3608 (1) (Admission—application for admission).\nNote 3 See also r 3353 (Election application etc originating application).\n(2) A proceeding must also be started by originating application if—\n(b) the law does not state the kind of originating process to be used.\n","sortOrder":20},{"sectionNumber":"35","sectionType":"section","heading":"When originating application may be used","content":"35 When originating application may be used\n(1) A proceeding may be started by originating application if—\n(a) the only or main issue in the proceeding is an issue of law and a\nsubstantial dispute of fact is unlikely; or\n(b) there is no opposing party to the proceeding or it is not intended\nto serve anyone with the originating process; or\n(c) there is not enough time to prepare an originating claim because\nof the urgent nature of the relief sought; or\n\nRule 35\n(d) a territory law allows the proceeding to be started by originating\nNote 2 Rule 2501 (Contempt—applications generally) allows a contempt\napplication to be made by originating application.\n(2) Without limiting subrule (1), a proceeding may be started by\noriginating application if—\n(a) the only or main issue in the proceeding is the interpretation of\nlegislation and a substantial dispute of fact is unlikely; or\n(b) the only or main issue in the proceeding is the interpretation of\na deed, will, contract or other document and a substantial dispute\nof fact is unlikely; or\n(c) the relief sought is a declaration of right and there is no opposing\nparty to the proceeding; or\n(d) for a question or matter in relation to the estate of a deceased\nperson or a trust, without administration of the estate or trust—\n(i) the only or main issue in the proceeding is an issue of law\nand a substantial dispute of fact is unlikely; or\n(ii) there is no opposing party to the proceeding or it is not\nintended to serve anyone with the originating process.\nExamples for r (2) (d)\n1 a question affecting the rights or interests of someone claiming to be a creditor,\ndomestic partner or next of kin of the deceased person or beneficiary of the\ntrust\n2 finding out any class of creditors, next of kin or others\n3 producing any particular accounts by the executors, administrators or trustees,\nand verifying the accounts (if necessary)\n4 paying into court any amount held by the executors, administrators or trustees\n5 directing the executors, administrators or trustees to do or not do something as\nexecutor, administrator or trustee\n\nRule 36\n6 approving any sale, purchase, compromise or other transaction\n7 deciding any question arising in the administration of the estate or trust\n(3) Also, a proceeding may be started by originating application if—\n(b) a particular kind of originating process (other than an originating\nclaim or originating application) is required or allowed under a\nterritory law.\n","sortOrder":21},{"sectionNumber":"36","sectionType":"section","heading":"When originating application taken to be used","content":"36 When originating application taken to be used\nA proceeding is taken to be started by originating application if—\n(b) a particular kind of originating process (other than an originating\nclaim or originating application) (the particular originating\nprocess) is required or allowed under a territory law; and\n(c) the proceeding is started by the particular originating process.\n","sortOrder":22},{"sectionNumber":"37","sectionType":"section","heading":"When oral originating application may be made in","content":"37 When oral originating application may be made in\n(2) The court may give leave for a proceeding to be started by oral\noriginating application if satisfied that it is necessary to start the\nproceeding in this way.\nExample of necessity\nurgent relief is sought\n(3) An application for leave to start a proceeding or for an order under\nthis rule must be made in accordance with part 6.2 (Applications in\nproceedings).\n\nRule 38\napplication), an application for a decision or order under this rule may\nbe made orally, unless the court otherwise orders on its own initiative.\n(5) The plaintiff must file a written originating application in the same\nterms as the oral originating application.\n(6) The written originating application must be filed—\n(a) as soon as practicable after the oral originating application is\nmade; or\n(b) if the court makes an order about when it must be filed—in\n","sortOrder":23},{"sectionNumber":"38","sectionType":"section","heading":"Proceeding incorrectly started by originating claim","content":"38 Proceeding incorrectly started by originating claim\n(1) This rule applies if the court considers that a proceeding started by\noriginating claim should have been started by originating application\nor may more conveniently continue as if started by originating\n(a) order that the proceeding continue as if started by originating\nNote See r 1401 (Directions generally).\n(c) make any other order it considers appropriate.\nthe court may order that the content of any pleadings filed in the proceeding be put\nbefore the court as affidavits\n\nRule 39\n(3) If the court makes an order under subrule (2) (a)—\n(a) the originating claim is taken to be an originating application;\nand\n(b) the proceeding is taken to be a proceeding started by originating\n","sortOrder":24},{"sectionNumber":"39","sectionType":"section","heading":"Proceeding incorrectly started by originating application","content":"39 Proceeding incorrectly started by originating application\n(1) This rule applies if the court considers that a proceeding started by\noriginating application should have been started by originating claim\nor may more conveniently continue as if started by originating claim.\n(2) The court may do all or any of the following:\n(a) order that the proceeding continue as if started by originating\nclaim;\n(c) order that any affidavits filed in the proceeding be treated as\npleadings, alone or supplemented by particulars;\n(d) order that the plaintiff file and serve a statement of claim;\n(e) make any other order it considers appropriate.\n(3) If the court makes an order under subrule (2) (a)—\n(a) the originating application is taken to be an originating claim;\nand\n(b) the proceeding is taken to be a proceeding started by originating\n\nRule 40\n","sortOrder":25},{"sectionNumber":"40","sectionType":"section","heading":"Setting aside originating process etc","content":"40 Setting aside originating process etc\n(1) The court may—\n(a) declare that a proceeding for which an originating process has\nbeen issued has not, for want of jurisdiction, been properly\nstarted; or\n(b) declare that an originating process has not been properly served;\nor\n(c) set aside an order for service of an originating process; or\n(d) set aside an order extending the period for service of an\noriginating process; or\n(e) set aside an originating process; or\n(f) set aside service of an originating process; or\n(g) stay a proceeding; or\n(h) amend or set aside leave under rule 6503 (Service of originating\nprocess with leave); or\n(i) make an order protecting or releasing—\n(i) property seized, or threatened with seizure, in a\n(ii) property subject to an order restraining its disposal or in\nrelation to which an order restraining its disposal is sought;\nor\n(j) make an order declining to exercise jurisdiction in a proceeding;\nor\n\nRule 50\n(k) make any other order it considers appropriate.\nNote 2 Rule 6015 (Application in proceeding—application under r 40) provides\nthat an application for an order under this rule must be filed within the\ntime mentioned in r 102 (Notice of intention to respond or defence—\nfiling and service) for filing a notice of intention to respond or, if no\nnotice of intention to respond is filed, a defence.\nNote 3 The registrar may reject an originating process that is filed (see r 6140\n(2) However, the court must not—\n(a) set aside a proceeding only because the proceeding was started\nby the incorrect originating process; or\n(b) set aside an originating process only because the incorrect\noriginating process was used.\n","sortOrder":26},{"sectionNumber":"50","sectionType":"section","heading":"Originating claim—content etc","content":"50 Originating claim—content etc\n(1) An originating claim must state briefly and specifically the nature of\nthe claim made and relief sought.\nNote See approved form 2.1 (Originating claim) AF2006-246.\n(2) A statement of claim must be filed with the originating claim.\n• approved form 2.2 (Statement of claim—debt or liquidated demand)\nAF2007-60\n• approved form 2.3 (Statement of claim—motor vehicle death or\npersonal injury) AF2014-160\n• approved form 2.4 (Statement of claim—employment death or\npersonal injury) AF2014-26\n• approved form 2.6 (Statement of claim—general) AF2006-447.\n\nRule 50\nNote 2 Rule 52 sets out requirements for the statement of claim for a motor\nvehicle death or personal injury claim and r 53 sets out requirements for\na statement of claim for an employment death or personal injury claim.\nNote 3 A statement of claim is a pleading (see dict, def pleading) and therefore\n(3) An originating claim filed in the Magistrates Court, or the\naccompanying statement of claim, must show that the court has\njurisdiction to decide the claim.\n(4) An originating claim must state—\n(a) whether the plaintiff is represented by a solicitor; and\n(b) if the plaintiff is represented by a solicitor—the name of the\n(c) the plaintiff’s address for service; and\n(d) if the plaintiff is suing in a representative capacity—the\nrepresentative capacity in which the plaintiff is suing; and\n(e) if a defendant is being sued in a representative capacity—the\nrepresentative capacity in which the defendant is being sued.\n(5) An originating claim must state specifically any claim for—\n(a) exemplary damages or aggravated damages; and\n(b) interest up to the day of judgment.\n(6) An originating claim need not specifically claim costs unless the\nclaim is for a debt or liquidated demand.\n(7) If the relief sought requires the court’s decision or direction on any\nquestion, the originating claim must state the question.\n\nRule 51\n","sortOrder":27},{"sectionNumber":"51","sectionType":"section","heading":"Originating claim—additional matters for claims for debt","content":"51 Originating claim—additional matters for claims for debt\nand liquidated demands\n(1) This rule applies to an originating claim that includes a claim for a\ndebt or liquidated demand.\n(2) A claim for interest up to the day of judgment—\n(a) must state the period or periods for which interest is claimed;\nand\n(b) may state the rate or rates at which interest is claimed.\n(3) If a rate is not claimed under subrule (2) (b), the rate is taken to be the\nrate of interest applying, from time to time, under schedule 2, part 2.1\n(Interest up to judgment).\n(4) The costs amount applying under schedule 3, part 3.1 (Claim for debt\nor liquidated demand) must be specifically claimed for costs.\n","sortOrder":28},{"sectionNumber":"52","sectionType":"section","heading":"Originating claim—statement of claim for motor vehicle","content":"52 Originating claim—statement of claim for motor vehicle\ndeath and personal injury claims\n(1) This rule applies in relation to an originating claim that includes a\nclaim for damages for death or personal injury caused by, or arising\nout of, the negligent use of a motor vehicle (the accident).\n(2) The statement of claim for the originating claim must include, and is\nsufficient if it includes, the following:\n(a) the time, date, place and circumstances of the accident\n(including, if possible, the registration details of all motor\nvehicles involved);\n(b) precise particulars of the negligence claimed;\n\nRule 53\n(c) for a claim for personal injury—details of the nature and extent\nof the injuries and disabilities resulting from the accident, as far\nas is known, that is enough (if possible) to enable the defendant\nto nominate the kind of expert required to examine the plaintiff;\n(d) the name of each health professional who has treated the\nplaintiff for the injuries and disabilities, and for any condition\nexacerbated by the injury or disability;\n(e) the nature of any claim for past or future economic loss, as far\nas is known, including (if relevant) the name and address of each\nemployer of the plaintiff during a reasonable period before and\nsince the accident.\nNote 1 See approved form 2.3 (Statement of claim—motor vehicle death or\npersonal injury) AF2014-160.\nNote 2 A statement of claim is a pleading (see dict, def pleading) and therefore\n","sortOrder":29},{"sectionNumber":"53","sectionType":"section","heading":"Originating claim—statement of claim for employment","content":"53 Originating claim—statement of claim for employment\ndeath and personal injury claims\n(1) This rule applies in relation to an originating claim that includes a\nclaim for damages for death or personal injury caused by, or arising\nout of, negligence or breach of statutory duty by an employer (the\nincident).\n(2) The statement of claim for the originating claim must include, and is\nsufficient if it includes, the following:\n(a) if the cause of action is based on negligence—the time, date,\nplace and circumstances of the negligence claimed, including\nthe acts or omissions making up the negligence;\n(b) if the cause of action is based on negligence and the negligence\nclaimed was that of someone (other than the defendant) for\nwhose negligence the defendant is vicariously liable—\nparticulars of the person, and particulars of the claim for\nvicarious liability;\n\nRule 53\n(c) if the cause of action is based on breach of statutory duty—the\nname and provision of the statute and a precise statement of the\nacts or omissions making up the breach claimed;\n(d) for a claim for personal injury—details of the nature and extent\nof the injuries and disabilities resulting from the incident, as far\nas is known, that is enough (if possible) to enable the defendant\nto nominate the kind of expert required to examine the plaintiff;\n(e) the name of each health professional who has treated the\nplaintiff for the injuries and disabilities, and for any condition\nexacerbated by the injury or disability;\n(f) the nature of any claim for past or future economic loss, as far\nas is known, including (if relevant) the name and address of each\nemployer of the plaintiff during a reasonable period before and\nsince the incident;\n(g) the jurisdiction that the plaintiff claims is the Territory or State\nof connection for the Workers Compensation Act 1951,\nsection 182D (Applicable substantive law for damages claims).\nNote 1 See approved form 2.4 (Statement of claim—employment death or\npersonal injury) AF2014-26.\nNote 2 A statement of claim is a pleading (see dict, def pleading) and therefore\n\nRule 54\n","sortOrder":30},{"sectionNumber":"54","sectionType":"section","heading":"Originating claim—filing and service","content":"54 Originating claim—filing and service\n(1) An originating claim and accompanying statement of claim must be\nfiled in the court and a sealed copy then served on each defendant.\n(2) The originating claim and accompanying statement of claim must be\nserved personally on each defendant, unless otherwise provided by\nNote See r 6405 (How document is personally served). A number of rules\nprovide that particular kinds of non-personal service are taken to be\npersonal service eg r 6412 (Service of originating process by post—\nMagistrates Court) and r 6431 (Service on corporations—generally).\nAlso, service may be made in another way eg by substituted service (see\nr 6460 (Substituted service)).\n","sortOrder":31},{"sectionNumber":"55","sectionType":"section","heading":"Originating claim—abandonment of excess in","content":"55 Originating claim—abandonment of excess in\nMagistrates Court\n(1) This rule applies if a person has a cause of action against another\nperson for more than $250 000.\n(2) The person may start a proceeding for the cause of action in the\nMagistrates Court if the person—\n(a) abandons the excess and limits the claim to $250 000; and\n(b) states in the claim that the excess is abandoned.\n(3) Judgment in a proceeding under this rule—\n(a) is in full discharge of all demands in relation to the cause of\naction; and\n(b) must record the abandonment.\n\nOriginating applications Division 2.2.3\nRule 60\n","sortOrder":32},{"sectionNumber":"60","sectionType":"section","heading":"Originating application—content etc","content":"60 Originating application—content etc\n(1) Subject to division 2.4.6 (Representation—trustees and personal\nrepresentatives), an originating application must name as defendants\neveryone directly affected by the relief sought in the application.\nNote See approved form 2.7 (Originating application) AF2006-252.\n(2) Subrule (1) does not apply if—\n(a) a territory law allows the hearing of the originating application\nwithout it being served on anyone; or\n(b) the relief sought in the application is a declaration of right.\n(3) The originating application must state specifically the orders or other\nrelief sought in the proceeding.\n(4) The originating application must list the affidavits to be relied on by\nthe plaintiff (the supporting affidavits).\n(5) The court may order the plaintiff to an originating application to file\nsupporting affidavits for the application.\n(6) An originating application filed in the Magistrates Court, or the\nsupporting affidavits, must show that the court has jurisdiction to\ndecide the application.\n(7) An originating application must state—\n(a) whether the plaintiff is represented by a solicitor; and\n(b) if the plaintiff is represented by a solicitor—the name of the\n(c) the plaintiff’s address for service; and\n\nRule 60\n(d) if the plaintiff is suing in a representative capacity—the\nrepresentative capacity in which the plaintiff is suing; and\n(e) if the defendant is being sued in a representative capacity—the\nrepresentative capacity in which the defendant is being sued.\n(8) If an originating application is made under a statute, the application\nmust state the name and provision of the statute under which the\napplication is made.\n(9) The originating application, and any copies of the application for\nservice, must state a return date for the application unless a territory\nlaw requires that a return date not be set for the application.\nNote 1 Return date for an application is defined in the dictionary.\nNote 2 Some provisions of these rules require that a return date not be set for an\napplication under the rule unless the court otherwise orders. See the\nfollowing provisions:\n• r 3005 (6) (Grant of representation—application)\n• r 3020 (4) (Reseal of foreign grant—application)\n• r 3454 (4) (Foreign confiscation orders—proceedings for\n• r 3463 (4) (Interstate confiscation orders—proceedings for\n• r 3473 (4) (Foreign judgment—application for registration).\n\nOriginating applications Division 2.2.3\nRule 61\n","sortOrder":33},{"sectionNumber":"61","sectionType":"section","heading":"Originating application—filing and service","content":"61 Originating application—filing and service\n(1) An originating application must be filed in the court and a sealed copy\nthen served on each defendant and anyone else the court directs.\n(2) For an originating application for a question in relation to the estate\nof a deceased person or a trust, without administration of the estate or\ntrust—\n(a) if the application is by a personal representative of the estate or\na trustee of the trust—the application must be served on\neveryone directly affected by the relief sought in the application;\nor\nNote See also div 2.4.6 (Representation—trustees and personal\nrepresentatives).\n(b) if the proceeding the subject of the application is started by\nsomeone other than a personal representative of the estate or a\ntrustee of the trust—the application must be served on the\npersonal representatives or trustees.\n(3) The originating application must be served personally on each\ndefendant or each person mentioned in subrule (2), unless otherwise\nprovided by these rules.\nNote See r 6405 (How document is personally served). A number of rules\nprovide that particular kinds of non-personal service are taken to be\npersonal service eg r 6412 (Service of originating process by post—\nMagistrates Court) and r 6431 (Service on corporations—generally).\nAlso, service may be made in another way eg by substituted service (see\nr 6460 (Substituted service)).\n(4) For an originating application for which there are no defendants, the\ncourt may order that the application be served on anyone the court\ndirects.\nan originating application in which the relief sought is a declaration of right\n\nRule 62\n(5) The court may give a direction under subrule (1) or (4) on application\nor its own initiative.\ndirection.\n","sortOrder":34},{"sectionNumber":"62","sectionType":"section","heading":"When originating application must be served","content":"62 When originating application must be served\n(1) An originating application must be served at least 5 days before the\nreturn date for the application.\n(2) However, subrule (1) does not apply if—\n(a) a territory law allows the originating application to be heard and\ndecided without being served; or\n(b) the plaintiff proposes in the originating application that it be\ndecided without a hearing; or\n(c) another time is provided for under these rules; or\n(d) the court otherwise orders.\n(3) If the court makes an order under subrule (2) (d), a sealed copy of the\norder must be served with the application.\n","sortOrder":35},{"sectionNumber":"63","sectionType":"section","heading":"What happens if originating application not served in","content":"63 What happens if originating application not served in\ntime\n(a) an originating application is served on a defendant; but\n(b) it is not served at least 5 days before the return date for the\n\nRule 64\n(2) The court may only hear and decide the application on the return date\nif the court considers it just to hear and decide the application on that\ndate and—\n(a) the court is satisfied that the defendant will suffer no significant\nprejudice if it hears and decides the application on the return\ndate; or\n(b) the defendant agrees to the court hearing and deciding the\napplication on the return date.\n(3) The court may make an order on the return date if the plaintiff gives\nan undertaking acceptable to the court.\n(4) On application by a person affected by the order, the court may set\naside the order.\nNote Pt 6.2 (Applications in proceedings) applies to an application to set aside\n","sortOrder":36},{"sectionNumber":"64","sectionType":"section","heading":"Originating application—filing and service of supporting","content":"64 Originating application—filing and service of supporting\naffidavits\n(1) The supporting affidavits for an originating application must be filed\nin the court and a stamped copy then served with the application.\n(2) However, the court may give leave for an affidavit not served as\nrequired by subrule (1) to be relied on at the hearing.\n","sortOrder":37},{"sectionNumber":"70","sectionType":"section","heading":"Originating process to be sealed","content":"70 Originating process to be sealed\nThe registrar must seal an originating process and any filed copies of\nNote The registrar may reject an originating process that is filed (see r 6140\n\nRule 71\n","sortOrder":38},{"sectionNumber":"71","sectionType":"section","heading":"Numbering etc of proceedings","content":"71 Numbering etc of proceedings\n(1) When an originating process is sealed, the registrar must give a\ndistinguishing number or other unique identifier to the proceeding\nstarted by the process.\n(2) The registrar must ensure that the originating process and each copy\nsealed under rule 70 is endorsed with—\n(b) the date when—\n(i) the process was filed in the court; or\n(ii) if the proceeding was started by an oral originating\napplication—the application was made.\nNote See r 37 (When oral originating application may be made in Supreme\nCourt).\n","sortOrder":39},{"sectionNumber":"72","sectionType":"section","heading":"Originating process—solicitor’s statement about filing","content":"72 Originating process—solicitor’s statement about filing\n(a) it appears from an originating process that the plaintiff is\nrepresented by a solicitor; and\n(b) a defendant to the proceeding asks the solicitor in writing\nwhether the process was filed by the solicitor.\n(2) The solicitor must tell the defendant in writing whether the process\nwas filed in the court by the solicitor.\n(3) If the solicitor tells the defendant that the solicitor did not file the\nprocess, the defendant may apply to the court to stay the proceeding.\nNote Pt 6.2 (Applications in proceedings) applies to an application to stay the\n(4) On the defendant’s application, the court may stay the proceeding.\n\nRule 73\n","sortOrder":40},{"sectionNumber":"73","sectionType":"section","heading":"Defendant taken to be served by filing notice of intention","content":"73 Defendant taken to be served by filing notice of intention\nto respond or defence\n(1) This rule applies to a defendant in a proceeding if the defendant has\nnot been served with the originating process for the proceeding, but\nfiles a notice of intention to respond (other than a conditional notice\nof intention to respond) or a defence.\n(2) The defendant is taken to have been served with the originating\nprocess on the day the defendant files the notice of intention to\n","sortOrder":41},{"sectionNumber":"74","sectionType":"section","heading":"Originating process—duration and renewal","content":"74 Originating process—duration and renewal\n(1) An originating process is valid for service for 1 year starting on the\nday it is filed in the court.\n(2) The plaintiff may apply to the court to renew the originating process\nif the process has not been served on the defendant.\nNote Pt 6.2 (Applications in proceedings) applies to an application to renew\n(3) If the court is satisfied that reasonable efforts have been made to serve\nthe defendant or that there is another good reason to renew the\noriginating process, the court may renew the process for a further\nperiod, of not longer than 6 months at a time, starting on the day after\nthe day the process would otherwise end.\n(4) The originating process may be renewed whether or not it is valid for\n(5) Before an originating process renewed under this rule is served, it\nmust be stamped and show the period for which the process is\nrenewed.\n(6) Despite subrule (1), for any time limit (including a limitation period),\nan originating process that is renewed is taken to have started on the\nday the process was filed in the court.\n\nRule 75\n(7) Failing to serve an originating process within the time limited by\nthese rules does not prevent the plaintiff from starting a fresh\nproceeding by filing another originating process.\n","sortOrder":42},{"sectionNumber":"75","sectionType":"section","heading":"When proceeding taken to be dismissed","content":"75 When proceeding taken to be dismissed\n(1) A proceeding is taken to be dismissed in relation to a defendant if—\n(a) at the end of 1 year after the day the originating process is\nissued, an affidavit of service of the process on the defendant\nhas not been filed in the court; or\n(b) at the end of 1 year after the day the originating process is served\non the defendant—\n(i) a notice of intention to respond or defence has not been\nfiled in the court by the defendant; and\n(ii) judgment has not been entered in relation to the defendant;\nand\n(iii) the proceeding has not otherwise been disposed of in\nrelation to the defendant.\n(2) Also, a proceeding is taken to be dismissed in relation to a party if the\nparty does not take a step in the proceeding before the end of 1 year\nafter the day the last step was taken in the proceeding.\n(3) For subrule (2), the filing in the court of a notice of intention to\nproceed in relation to a proceeding is taken to be a step in the\nNote See approved form 2.84 (Notice of intention to proceed) AF2008-3.\n\nRule 76\n(4) A proceeding is taken to be dismissed under subrule (1) or (2) on the\nday after the day the relevant 1-year period mentioned in the subrule\nThere is 1 plaintiff and 1 defendant to a proceeding. The defendant takes a step in\nthe proceeding on 1 July 2006. If the plaintiff fails to take the next step on or before\n1 July 2007, the proceeding is taken to be dismissed on 2 July 2007.\n(5) If a proceeding is taken to be dismissed in relation to a defendant\nunder subrule (1) or (2), the plaintiff must pay the costs of the\n(6) Unless the court otherwise orders, subrule (5) does not apply if the\nproceeding is reinstated under rule 76.\n","sortOrder":43},{"sectionNumber":"76","sectionType":"section","heading":"Reinstating dismissed proceeding","content":"76 Reinstating dismissed proceeding\n(1) A person whose proceeding has been dismissed under rule 75 may\napply to the court to reinstate the proceeding.\nNote Pt 6.2 (Applications in proceedings) applies to an application to reinstate\n(2) The court may reinstate the proceeding if it is in the interests of justice\nto reinstate the proceeding.\n(3) A proceeding that has been dismissed under rule 75 (2) is reinstated\nif, before the end of 1 year after the day the proceeding is dismissed,\na party to the proceeding files a document in the proceeding.\n(4) The party filing the document must serve a copy of the document on\neach other active party to the proceeding not later than 3 days after\nthe day the document is filed.\nNote Active party—see the dictionary.\n(5) For any time limit (including a limitation period), a proceeding that\nis reinstated is taken to have started on the day the originating process\nfor the proceeding was filed in the court and is taken never to have\nbeen dismissed.\n\nRule 100\nPart 2.3 Notice of intention to respond\nand defence\nDivision 2.3.1 Notice of intention to respond and\ndefence—general\n100 No step without notice of intention to respond or defence\n(1) Except with the court’s leave, a defendant to an originating claim may\ntake a step in a proceeding only if the defendant has filed in the\n(a) a notice of intention to respond; or\n(b) if the defendant chooses not to file a notice of intention to\nrespond—a defence.\nNote 2 A defendant who proposes to challenge the court’s jurisdiction or to\nassert an irregularity must file a conditional notice of intention to respond\n(see r 111).\nNote 3 A defendant who intends to take no active part in a proceeding must file\na notice of intention to respond (see r 106).\nNote 4 See\n• approved form 2.8 (Notice of intention to respond) AF2021-23\n• approved form 2.9 (Defence and counterclaim) AF2015-28.\n\nRule 101\n(2) Subject to rule 106 (Defendant may submit to judgment by notice of\nintention to respond), if a defendant to an originating claim files an\nunconditional notice of intention to respond in the court, the\ndefendant must also file a defence.\nNote 1 Rule 111 (Conditional notice of intention to respond) provides that, if a\ndefendant files a conditional notice of intention to respond, the defendant\nmust apply for an order under r 40 (Setting aside originating process etc).\nIf the defendant fails to apply, or the defendant applies but the application\nis refused, the conditional notice of intention to respond becomes an\nunconditional notice of intention to respond, and the defendant must file\na defence.\nNote 2 See div 2.11.3 (Default by defendant) for the possible consequences of\nnot filing a notice of intention to respond or defence.\nNote 3 See also r 279 (Person with legal disability—effect of no notice of\nintention to respond or defence).\n(3) Except with the court’s leave, a defendant to an originating\napplication may take a step in a proceeding only if the defendant has\nfiled in the court a notice of intention to respond.\n","sortOrder":44},{"sectionNumber":"101","sectionType":"section","heading":"Notice of intention to respond or defence—details to be","content":"101 Notice of intention to respond or defence—details to be\n(1) A notice of intention to respond filed by the defendant must state—\n(d) if any particulars of the defendant stated in the originating\nprocess are incorrect—the correct particulars.\nNote 1 See approved form 2.8 (Notice of intention to respond) AF2021-23.\nNote 2 Address for service is defined in the dictionary.\n\nRule 102\n(2) If the defendant to an originating claim chooses not to file a notice of\nintention to respond, but files a defence, the defence must state—\n(d) if any particulars of the defendant stated in the originating\nprocess are incorrect—the correct particulars.\nNote See approved form 2.9 (Defence and counterclaim) AF2015-28.\n(3) If the defendant includes corrected particulars of the defendant’s\nname in the notice of intention to respond or defence, the court may\namend the originating process accordingly.\n","sortOrder":45},{"sectionNumber":"102","sectionType":"section","heading":"Notice of intention to respond or defence—filing and","content":"102 Notice of intention to respond or defence—filing and\n(1) In a proceeding started by an originating claim, a defendant must file\nany notice of intention to respond, defence, or notice of intention to\nrespond and defence, not later than the later of the following:\n(a) 28 days after the day the claim is served on the defendant;\n(b) if the defendant makes an unsuccessful application under rule 40\n(Setting aside originating process etc) to have the claim set\naside—7 days after the day the application is refused.\n(2) However, if, before the defendant files a defence, an application for\nsummary judgment under rule 1146 (Summary judgment—for\nplaintiff) is served on the defendant, but the court does not on the\napplication dispose of all the claims for relief against the defendant,\nthe court may set a time within which the defendant must file a\nNote Pt 6.2 (Applications in proceedings) applies to an application to set a\n\nRule 103\n(3) In a proceeding started by an originating application, a defendant\nmust file a notice of intention to respond not later than the later of the\n(a) on or before the return date for the application;\n(b) if the defendant makes an unsuccessful application under rule 40\nto have the originating application set aside—7 days after the\nday the application is refused.\n(4) The registrar must seal the notice of intention to respond or defence\nand any filed copies of the notice or defence.\nNote The registrar may reject a notice of intention to respond or defence that\nand r 6141 (Rejecting documents—inconvenient address for service).\n(5) The defendant must serve a sealed copy of the notice of intention to\nrespond or defence on the plaintiff at the plaintiff’s address for service\non the day it is filed in the court.\n","sortOrder":46},{"sectionNumber":"103","sectionType":"section","heading":"Notice of intention to respond or defence—late filing or","content":"103 Notice of intention to respond or defence—late filing or\n(1) A defendant may file and serve a notice of intention to respond or\ndefence at any time before judgment, even if the notice or defence is\nserved or filed after the time limited by rule 102.\nNote For a defendant to an originating claim, see div 2.11.3 (Default by\ndefendant) for the possible consequences of not filing within the time\nlimited for filing.\n\nRule 104\n(2) If a defendant to an originating claim files and serves a notice of\nintention to respond after the time limited by rule 102, the defendant\nis not entitled to any extra time for filing and serving a defence or for\nany other purpose, unless the court otherwise orders.\n","sortOrder":47},{"sectionNumber":"104","sectionType":"section","heading":"Ground of defence arising after defence filed etc","content":"104 Ground of defence arising after defence filed etc\n(1) This rule applies if a ground of defence to an originating claim arises\n(a) a defendant files a defence; or\n(b) the time limited by rule 102 (1) (Notice of intention to respond\nor defence—filing and service) for a defendant to file a defence\n(2) The defendant may file a further defence not later than 7 days after\nthe day the ground of defence arises or at a later time with the court’s\n(3) The registrar must seal the further defence and any filed copies of the\nfurther defence.\nNote The registrar may reject a further defence that is filed (see r 6140\n(Rejecting documents—noncompliance with rules etc).\n(4) The defendant must serve a sealed copy of the further defence on the\nplaintiff at the plaintiff’s address for service on the day it is filed in\n\nRule 105\n","sortOrder":48},{"sectionNumber":"105","sectionType":"section","heading":"Defence—reliance on defence not disclosed","content":"105 Defence—reliance on defence not disclosed\nA defendant in a proceeding started by originating claim may rely at\nthe hearing of the proceeding on a ground of defence not stated in a\ndefence or further defence filed and served by the defendant only if—\n(a) the plaintiff agrees; or\n(b) the court gives leave.\n","sortOrder":49},{"sectionNumber":"106","sectionType":"section","heading":"Defendant may submit to judgment by notice of intention","content":"106 Defendant may submit to judgment by notice of intention\nto respond\n(1) This rule applies if a defendant in a proceeding intends to—\n(a) submit to the orders of the court; but\n(b) take no active part in the proceeding.\n(2) The defendant must—\n(a) file a notice of intention to respond; and\n(b) include in the notice a statement to the effect that the defendant\nsubmits to all orders sought and to judgment in relation to all\nclaims made.\n(3) However, the defendant may add to the statement words to the effect\nthat the defendant does not submit in relation to costs.\nExample of addition\nexcept as to costs\n\nRule 106\n(4) Except with the court’s leave, a defendant who has filed a notice of\nintention to respond that includes the statement mentioned in\nsubrule (2) (b) may not file a defence or affidavit or take any other\nstep in the proceeding.\n(5) The court may order that a plaintiff pay a defendant’s costs as a\nsubmitting party if the defendant—\n(a) files a notice of intention to respond that includes the statement\nmentioned in subrule (2) (b); and\n(b) takes no active part in the proceeding.\n(6) If—\n(a) a defendant files a notice of intention to respond; and\n(b) the defendant is entitled to include in the notice the statement\nmentioned in subrule (2) (b), but does not include the statement;\nand\n(c) the defendant takes no active part in the proceeding;\nthe court may order that a plaintiff pay the defendant’s costs, but,\nunless it otherwise orders, the amount awarded for the costs must not\nbe more than the amount that could have been awarded if the\nstatement had been included in the notice.\n(7) The court may make an order under subrule (5) or (6) on application\nby the defendant or on its own initiative.\nunder r (5) or r (6).\n(8) If a plaintiff has been ordered to pay costs under subrule (5) or (6),\nthe costs must be included in any costs payable to the plaintiff by any\nother defendant or opponent of the plaintiff in the proceeding.\n\nRule 107\n","sortOrder":50},{"sectionNumber":"107","sectionType":"section","heading":"Notice of intention to respond or defence—several","content":"107 Notice of intention to respond or defence—several\ndefendants with same solicitor\n(1) This rule applies if 2 or more defendants in the same proceeding are\nrepresented by the same solicitor at the same time.\n(2) The names of all the defendants may be included in a single notice of\nintention to respond or defence.\n","sortOrder":51},{"sectionNumber":"108","sectionType":"section","heading":"Notice of intention to respond or defence—person sued","content":"108 Notice of intention to respond or defence—person sued\nunder partnership name\n(1) This rule applies if a proceeding is started against a person under a\npartnership name.\nNote See also div 2.4.10 (Partnerships).\n(2) Any notice of intention to respond or defence must not be filed in the\npartnership name.\n(3) The person may file a notice of intention to respond or defence only\nin the person’s own name.\n(4) If the person files a notice of intention to respond or defence in the\nperson’s own name—\n(a) the proceeding continues in the partnership name; and\n(b) the person must also file a statement of the names and home\naddresses of all the people who were carrying on business under\nthe partnership name when the cause of action arose\n(a partnership statement).\n(5) The court may order that a notice of intention to respond or defence\nfiled by the person be struck out if the person fails to comply with\nsubrule (4) (b).\n\nRule 109\n(6) Subrules (4) (b) and (5) do not apply if a partnership statement has\nbeen filed in the proceeding by another defendant who is a partner in\nthe partnership.\n","sortOrder":52},{"sectionNumber":"109","sectionType":"section","heading":"Notice of intention to respond or defence—person","content":"109 Notice of intention to respond or defence—person\nincorrectly served as partner\n(1) If a proceeding is started against a person under a partnership name,\nthe person may file a conditional notice of intention to respond\n(a) the person files the notice because the person was served as a\npartner; and\n(b) the person denies being a partner at the relevant time or being\nliable as a partner.\n(2) On application, the court may, by order—\n(a) set aside service of the originating process on the person on the\nground that the person is not a partner or is not liable as a\npartner; or\n(b) set aside a conditional notice of intention to respond on the\nground that the person is a partner or is liable as a partner.\n(3) The court may give directions about how to decide the liability of the\nperson or the liability of the partners.\n(4) This rule does not limit rule 111 (Conditional notice of intention to\nrespond).\n\nRule 110\n","sortOrder":53},{"sectionNumber":"110","sectionType":"section","heading":"Notice of intention to respond or defence—person sued","content":"110 Notice of intention to respond or defence—person sued\nunder business name\n(1) This rule applies if a proceeding is started against a person in a\nbusiness name that is not the person’s own name, whether or not the\nbusiness name is registered under the Business Names Registration\nAct 2011 (Cwlth).\nNote See also div 2.4.11 (Business names).\n(2) Any notice of intention to respond or defence must not be filed in the\nbusiness name.\n(3) The person may file a notice of intention to respond or defence only\nin the person’s own name.\n(4) If the person files a notice of intention to respond or defence in the\nperson’s own name—\n(a) the proceeding continues in the business name until the\namendments mentioned in rule 292 (3) (Business names—\namendment about parties) are made; and\nNote Rule 292 (3) provides that the plaintiff must make the amendments\nnecessary for the proceeding to be continued against a named\ndefendant and not in the business name.\n(b) the person must also file a statement of the names and home\naddresses of all the people who were carrying on business under\nthe business name when the cause of action arose (a business\nname statement).\n(5) The court may order that a notice of intention to respond or defence\nfiled by the person be struck out if the person fails to comply with\nsubrule (4) (b).\n(6) Subrules (4) (b) and (5) do not apply if a business name statement has\nbeen filed in the proceeding by another defendant who is carrying on\nbusiness under the business name.\n\nRule 111\n","sortOrder":54},{"sectionNumber":"111","sectionType":"section","heading":"Conditional notice of intention to respond","content":"111 Conditional notice of intention to respond\n(1) If a defendant proposes to challenge the court’s jurisdiction or to\nassert an irregularity, the defendant must file a conditional notice of\nNote See also r 109 (Notice of intention to respond or defence—person\nincorrectly served as partner).\n(2) If a defendant files an unconditional notice of intention to respond or\ndefence, the defendant is taken to have submitted to the court’s\njurisdiction, and waived any irregularity in the proceeding or defect\nin service of the originating process.\n(3) If a defendant files a conditional notice of intention to respond, the\ndefendant must apply for an order under rule 40 (Setting aside\noriginating process etc) not later than 28 days after the day the notice\nis filed.\n(4) If the defendant does not apply for an order under rule 40 before the\nend of the 28-day period, or the defendant applies but the application\nis refused, the conditional notice of intention to respond becomes an\nunconditional notice of intention to respond.\n(5) If the conditional notice of intention to respond becomes an\nunconditional notice of intention to respond and the proceeding was\nstarted by originating claim, the defendant must file a defence not\nlater than 14 days after the day the conditional notice becomes an\nunconditional notice.\n\nNotice of intention to respond and defence—proceedings in Supreme\nDivision 2.3.2\nRule 150\nDivision 2.3.2 Notice of intention to respond and\ndefence—proceedings in Supreme\n150 Application—div 2.3.2\nThis division applies only in relation to a proceeding in the Supreme\nCourt for the possession of land.\n","sortOrder":55},{"sectionNumber":"151","sectionType":"section","heading":"Proceeding for possession of land—leave to file defence","content":"151 Proceeding for possession of land—leave to file defence\netc\n(1) If a person who is in possession of the land, or part of it, (either\ndirectly or by a tenant) is not named in the originating process for the\nproceeding, the person may apply to the Supreme Court for leave to\nfile a notice of intention to respond or defence.\n(2) The application must be supported by an affidavit—\n(a) showing the person is in possession of the land or part of it; and\n(b) stating how the person is in possession.\n(3) The court may give leave for the person to file the notice or defence.\nNote Rule 6902 (Leave may be given on conditions) provides that, if the court\n(4) If the person is in possession of only part of the land, the leave may\nbe limited to that part of the land.\n","sortOrder":56},{"sectionNumber":"152","sectionType":"section","heading":"Proceeding for possession of land—filing defence etc","content":"152 Proceeding for possession of land—filing defence etc\n(1) If the court gives a person leave under rule 151 to file a notice of\nintention to respond or defence, the person must file the notice or\ndefence—\n(a) not later than 7 days after the day the leave is given; or\n\n","sortOrder":57},{"sectionNumber":"Div 2","sectionType":"division","heading":"3.2 Notice of intention to respond and defence—proceedings in Supreme","content":"Division 2.3.2 Notice of intention to respond and defence—proceedings in Supreme\nRule 153\n(b) if the court makes an order about when it must be filed—in\n• approved form 2.8 (Notice of intention to respond) AF2021-23.\n• approved form 2.9 (Defence and counterclaim) AF2015-28.\n(2) If the person files the notice or defence as lessor of the land, the\nperson must include in the notice or defence a statement that the\nperson is responding to the claim as lessor.\n(3) On the filing by a person of a notice of intention to respond or defence\nunder this rule, the person is taken, for all purposes, to be a defendant\n","sortOrder":58},{"sectionNumber":"153","sectionType":"section","heading":"Proceeding for possession of land—service of defence","content":"153 Proceeding for possession of land—service of defence\netc\n(1) If a person files a notice of intention to respond or defence under rule\n152, the person must serve the following (the relevant documents) on\nevery other active party to the proceeding:\n(a) a sealed copy of the notice or defence;\n(b) a stamped copy of the affidavit mentioned in rule 151 (2)\n(Proceeding for possession of land—leave to file defence etc).\n(2) The person must serve the relevant documents—\n(a) not later than 7 days after the day the notice or defence is filed;\nor\n(b) if the court makes an order about when they must be served—in\n\nIncluding causes of action Division 2.4.1\nRule 200\nDivision 2.4.1 Including causes of action\n","sortOrder":59},{"sectionNumber":"200","sectionType":"section","heading":"Including causes of action","content":"200 Including causes of action\n(1) A plaintiff may, whether seeking relief in the same or different\ncapacities, include in the same proceeding as many causes of action\nas the plaintiff has against a defendant.\n(2) However, for the Magistrates Court, causes of action may be included\nin the same proceeding only if the total amount claimed in the\nproceeding is not more than the maximum amount for which the court\nhas jurisdiction.\n(3) Also, a claim by a trustee in bankruptcy must not be included with a\nclaim by the trustee in any other capacity except with the court’s\n(4) This rule is subject to rule 202 (Including causes of action\ninconveniently etc).\n","sortOrder":60},{"sectionNumber":"201","sectionType":"section","heading":"Joint and separate claims","content":"201 Joint and separate claims\nClaims by plaintiffs jointly may be included with claims by them or\nany of them separately against the same defendant.\n","sortOrder":61},{"sectionNumber":"202","sectionType":"section","heading":"Including causes of action inconveniently etc","content":"202 Including causes of action inconveniently etc\n(1) This rule applies if the court considers that including a cause of action\nin a proceeding—\n(a) may unfairly prejudice another party; or\n(b) may delay the conduct of the proceeding; or\n(c) is otherwise inconvenient.\n\nRule 210\n(a) order separate trials; or\n(b) make any other order (including about costs) it considers\nExamples for par (b)\n1 an order for costs in favour of a party for attending a part of a trial in which\nthe party has no interest\n2 an order relieving a party from attending a part of a trial in which the party has\nno interest\n3 an order staying the proceeding against a defendant until the trial between the\nplaintiff and another defendant is decided, on condition that the defendant is\nbound by the findings of fact in the trial against the other defendant\n(3) The court may make an order under this rule on application by a\ndefendant to the proceeding or on its own initiative.\n","sortOrder":62},{"sectionNumber":"210","sectionType":"section","heading":"Necessary parties","content":"210 Necessary parties\nEach person whose presence as a party is necessary to enable the court\nto adjudicate effectively and completely on all issues in dispute in a\nproceeding must be included as a party to the proceeding.\n","sortOrder":63},{"sectionNumber":"211","sectionType":"section","heading":"Including parties—common issues of law or fact","content":"211 Including parties—common issues of law or fact\n(1) Two or more people may be included as plaintiffs or defendants in a\n(a) if—\n(i) separate proceedings by or against each of them may give\nrise to a common issue of law or fact; and\n\nRule 212\n(ii) any of the rights to relief claimed in the proceeding\n(whether joint, several or alternative) are in relation to, or\narise out of, the same transaction or event or series of\ntransactions or events; or\n(b) if the court orders that they be included.\n(2) A person included as a plaintiff under subrule (1) must not start a\nproceeding against the defendant in relation to the same cause of\naction unless the court gives leave.\n(3) If an application for an order under subrule (1) (b) or leave under\nsubrule (2) is made during the proceeding, the application must be\nmade in accordance with part 6.2 (Applications in proceedings).\n(4) For the Supreme Court, if an application for an order under\nsubrule (1) (b) or leave under subrule (2) is made before the\nproceeding starts, the application must be made by originating\n","sortOrder":64},{"sectionNumber":"212","sectionType":"section","heading":"Including parties—defendants may be sued jointly,","content":"212 Including parties—defendants may be sued jointly,\nseverally, or in alternative\n(1) If a plaintiff claims a right to relief against a person in a proceeding\n(whether jointly, severally or in the alternative), the person may be\nincluded as a defendant in the proceeding.\n(2) The court may enter judgment against any defendant found to be\nliable in accordance with the defendant’s proportionate liability.\n(3) This rule is subject to the Civil Law (Wrongs) Act 2002, chapter 7A\n(Proportionate liability).\n","sortOrder":65},{"sectionNumber":"213","sectionType":"section","heading":"Including parties—joint entitlement","content":"213 Including parties—joint entitlement\n(1) If a plaintiff seeks relief to which someone else is entitled jointly with\nthe plaintiff, everyone entitled to the relief must be parties to the\n\nRule 214\n(2) A person entitled to seek relief who does not agree to be a plaintiff\nmust be included as a defendant.\n(3) This rule does not require a person to be included if another law\nprovides that the person need not be included or must not be included.\nThe Bankruptcy Act 1966 (Cwlth), s 62 (Actions on joint contracts) provides that if\na bankrupt is a contractor in relation to a contract jointly with someone else or other\npeople, the person or people may sue or be sued in relation to the contract without\njoining the bankrupt.\n","sortOrder":66},{"sectionNumber":"214","sectionType":"section","heading":"Including parties—joint or several liability","content":"214 Including parties—joint or several liability\n(1) If a plaintiff seeks relief against a defendant who is liable jointly and\nseverally with someone else, the other person need not be made a\ndefendant to the proceeding.\n(2) If people are liable jointly, but not severally, and a plaintiff seeks\nrelief in a proceeding against some but not all of them, the court may\nstay the proceeding until the others are included as defendants.\nNote Pt 6.2 (Applications in proceedings) applies to an application for a stay.\n","sortOrder":67},{"sectionNumber":"215","sectionType":"section","heading":"Including parties—plaintiff in doubt about defendant etc","content":"215 Including parties—plaintiff in doubt about defendant etc\nTwo or more people may be included as defendants in a proceeding\nif—\n(a) there is doubt about—\n(i) the person from whom the plaintiff is entitled to relief; or\n(ii) the respective amounts for which each may be liable; or\n(b) they have all caused damage or loss to the plaintiff, whether or\nnot there is a factual connection between the claims apart from\nthe involvement of the plaintiff.\n\nRule 216\n","sortOrder":68},{"sectionNumber":"216","sectionType":"section","heading":"Including defendants—identical interest in relief","content":"216 Including defendants—identical interest in relief\nunnecessary\n(1) It is not necessary for every defendant to be interested in all the relief\nsought or in every cause of action included in a proceeding.\n(2) However, the court may make any order it considers appropriate to\nstop the defendant being prejudiced or put to expense by being\nrequired to attend any proceeding in which the defendant has no\ninterest.\n","sortOrder":69},{"sectionNumber":"217","sectionType":"section","heading":"Including parties inconveniently etc","content":"217 Including parties inconveniently etc\n(1) If the court considers that including a party to a proceeding may\nunfairly prejudice another party, may delay the conduct of the\nproceeding or is otherwise inconvenient, it may—\n(a) order separate trials; or\n(b) make any other order (including about costs) it considers\nExamples for par (b)\n1 an order for costs in favour of a party for attending a part of a trial in which\nthe party has no interest\n2 an order relieving a party from attending a part of a trial in which the party has\nno interest\n3 an order staying the proceeding against a defendant until the trial between the\nplaintiff and another defendant is decided, on condition that the defendant is\nbound by the findings of fact in the trial against the other defendant\n(2) The court may make an order under this rule on application by a party\nto the proceeding (other than a plaintiff) or on its own initiative.\n\nRule 218\n","sortOrder":70},{"sectionNumber":"218","sectionType":"section","heading":"Including parties—parties incorrectly included or not","content":"218 Including parties—parties incorrectly included or not\nDespite rule 213 (Including parties—joint entitlement), the court may\ndecide a proceeding even if a person is incorrectly included or not\nincluded as a party and may deal with the proceeding as it affects the\nrights of the parties before it.\n","sortOrder":71},{"sectionNumber":"219","sectionType":"section","heading":"Counterclaim or set-off when co-plaintiff wrongly","content":"219 Counterclaim or set-off when co-plaintiff wrongly\n(a) a person has been incorrectly or unnecessarily included as a co-\nplaintiff in a proceeding; and\n(b) the defendant has set up a counterclaim or set–off.\n(2) The defendant may get the benefit of the counterclaim or set-off by\nproving the claim or set-off against the parties other than the\nco-plaintiff.\n(3) The defendant’s entitlement under subrule (2) is not affected by—\n(a) the inclusion of the co-plaintiff; or\n(b) any proceeding resulting from the inclusion.\n","sortOrder":72},{"sectionNumber":"220","sectionType":"section","heading":"Court may include party if appropriate or necessary","content":"220 Court may include party if appropriate or necessary\n(1) The court may order that a person be included as a party to a\nproceeding if—\n(a) the person ought to have been included as a party; or\n(b) including the person as a party is necessary to enable the court\nto adjudicate effectively and completely on all issues in dispute\n(2) The court may make an order under this rule—\n(a) at any stage of the proceeding; and\n\nRule 221\n(b) on application by the person or a party to the proceeding or on\nits own initiative; and\n(c) whether the person to be included should be a plaintiff or\n","sortOrder":73},{"sectionNumber":"221","sectionType":"section","heading":"Plaintiffs may be included or substituted","content":"221 Plaintiffs may be included or substituted\n(1) This rule applies if a proceeding has been started in the name of the\nwrong person as plaintiff or there is doubt whether the proceeding has\nbeen started in the name of the right person as plaintiff.\n(2) The court may order that someone else, or other people, be included\nor substituted as plaintiff if satisfied—\n(a) that starting the proceeding in the wrong name was a genuine\nmistake; and\n(b) that it is necessary to enable the court to adjudicate effectively\nand completely on all issues in dispute in the proceeding.\n","sortOrder":74},{"sectionNumber":"222","sectionType":"section","heading":"Inclusion or substitution as plaintiff requires agreement","content":"222 Inclusion or substitution as plaintiff requires agreement\nA person may be included or substituted as a plaintiff in a proceeding\nonly if the person agrees to be included or substituted.\n\nRule 223\n","sortOrder":75},{"sectionNumber":"223","sectionType":"section","heading":"Including parties—procedure","content":"223 Including parties—procedure\n(1) An application by a person to be included as a party to a proceeding\nmust be supported by an affidavit showing the person’s interest in—\n(a) the issues in dispute in the proceeding; or\n(b) an issue in dispute to be decided between the person and a party\n(2) An application to include a person as a defendant must be served on\nall active parties to the proceeding and on the person.\nNote 1 Pt 6.2 (Applications in proceedings) applies to an application mentioned\nin this rule.\nNote 2 Active party is defined in the dictionary.\n","sortOrder":76},{"sectionNumber":"224","sectionType":"section","heading":"Including parties—inclusion to recover costs","content":"224 Including parties—inclusion to recover costs\n(1) A party must not include someone else as a party to a proceeding for\nthe purpose of applying for costs against the person.\n(2) This rule does not apply if—\n(a) the person would otherwise be an appropriate or necessary party\nto the proceeding; or\n(b) the party includes the person by way of a third-party notice in\nrelation to a claim for costs against the party.\n","sortOrder":77},{"sectionNumber":"230","sectionType":"section","heading":"Removing parties","content":"230 Removing parties\n(1) The court may order that a person be removed as a party to a\nproceeding if the person—\n(a) has been inappropriately or unnecessarily included as a party; or\n(b) has stopped being an appropriate or necessary party.\n\nChanging parties Division 2.4.3\nRule 231\n(2) The court may make an order under this rule—\n(a) at any stage of the proceeding; and\n(b) on application by a party to the proceeding or on its own\ninitiative; and\n(c) whether the person to be removed is a plaintiff or defendant.\n","sortOrder":78},{"sectionNumber":"231","sectionType":"section","heading":"Party becomes bankrupt, dies or becomes person with","content":"231 Party becomes bankrupt, dies or becomes person with\nmental disability\n(a) a party to a proceeding becomes bankrupt, or dies, during the\nproceeding, but a cause of action in the proceeding survives; or\n(b) a party to a proceeding becomes a person with a mental\ndisability during the proceeding.\nNote Person with a mental disability is defined in the dictionary.\n(2) The proceeding is not suspended and does not end.\n(3) However, a person must not take a further step in the proceeding for\nor against the party unless—\n(a) the court gives the person leave to continue the proceeding; and\n(b) the person complies with the conditions (if any) of the leave.\nand an order or directions under this rule.\n(4) The court may make any order it considers appropriate about\nincluding, removing, substituting or rearranging parties.\n\nRule 231\n(5) However, if someone is made a party in place of a party who has\nbecome bankrupt or died, but the person is already a party on the other\nside of the proceeding, the court must order the person to cease to be\na party on the other side.\n(6) The court may make an order under this rule—\n(a) on application by a party to the proceeding or anyone to whom\nan interest or liability in the proceeding has passed; or\n(7) An application for an order under this rule must be served on\neveryone who could be affected by the order.\n(8) Before making an order under this rule because a party has died, the\ncourt may require notice to be given to—\n(a) an insurer of the deceased party who has an interest in the\n(b) anyone else who has an interest in the deceased party’s estate.\n(9) An insurer or other person given notice is entitled to be heard on the\nhearing of the application.\n(10) A sealed copy of an order made under this rule must be served on all\nparties, including a party (other than any applicant for the order) who\nhas been included, removed or substituted.\n(11) The court may give directions about the service of the order.\n(12) If—\n(a) a party who has died does not have a personal representative and\nthe court orders that a person be substituted as a party for the\n(b) a grant of probate or administration is later made;\nthe person must give the personal representative a copy of all\ndocuments in the person’s possession relating to the proceeding.\n\nChanging parties Division 2.4.3\nRule 232\n","sortOrder":79},{"sectionNumber":"232","sectionType":"section","heading":"Amending or setting aside order for new party made on","content":"232 Amending or setting aside order for new party made on\ndeath etc of party\n(1) If a person is made a party under rule 231 (4), the person may apply\nto have the order making the person a party amended or set aside.\n(2) The application must be made not later than 14 days after—\n(a) if the person is a person with a legal disability who does not have\na litigation guardian—the day a litigation guardian is appointed;\nor\n(b) in any other case—the day a sealed copy of the order is served\non the person.\nNote 1 Person with a mental disability is defined in the dictionary.\nNote 2 Div 2.4.9 deals with the appointment of a litigation guardian.\n(3) On application under this rule, the court may amend or set aside the\n(4) If the person made a party under rule 231 (4) is a person with a legal\ndisability who does not have a litigation guardian, the order under the\nsubrule does not apply to the person during the period an application\ncan be made to the court under this rule.\n","sortOrder":80},{"sectionNumber":"233","sectionType":"section","heading":"Failure to proceed after death of party","content":"233 Failure to proceed after death of party\n(1) This rule applies to a proceeding if—\n(a) a party to the proceeding dies during the proceeding, but a cause\nof action in the proceeding survives the party’s death; and\n(b) an order to substitute a person for the deceased party has not\nbeen made at the end of 3 months after the day of the death.\n\nDivision 2.4.4 Included or changed parties—future conduct of proceedings\nRule 240\n(2) If the deceased party is a plaintiff, the court may order that the\nproceeding in relation to the cause of action be dismissed in relation\nto the plaintiff, and the defendant have judgment on any counterclaim\nagainst the plaintiff, if an application to substitute a person for the\ndeceased party is not made within a stated time.\n(3) If the deceased party is a defendant, the court may order that judgment\nbe entered for the plaintiff against the defendant, and any\ncounterclaim by the defendant be dismissed, if an application to\nsubstitute a person for the deceased party is not made within a stated\n(4) An application for an order under this rule may be made by anyone\nto whom the deceased party’s interest or liability in relation to the\ncause of action has passed (whether or not a party to the proceeding).\nDivision 2.4.4 Included or changed parties—future\nconduct of proceedings\n","sortOrder":81},{"sectionNumber":"240","sectionType":"section","heading":"Application—div 2.4.4","content":"240 Application—div 2.4.4\nThis division applies if the court makes an order under division 2.4.2\n(Including and substituting parties) or division 2.4.3 (Changing\nparties) in a proceeding.\n","sortOrder":82},{"sectionNumber":"241","sectionType":"section","heading":"Included or substituted defendant—filing and service of","content":"241 Included or substituted defendant—filing and service of\namended originating process\nIf the court orders that a person be included or substituted as a\ndefendant in the proceeding—\n(a) the plaintiff must—\n(i) file an amended originating process in the court; and\n\nIncluded or changed parties—future conduct of proceedings Division 2.4.4\nRule 242\n(ii) serve the person with a sealed copy of the amended\noriginating process in accordance with these rules as if the\nperson were an original defendant to be served with the\noriginating process; and\nNote An originating process must be served personally, unless otherwise\nprovided by these rules (see r 54 (2) and r 61 (3)). See pt 6.8 (Service)\nabout other ways an originating process may be served.\n(b) the person must file a notice of intention to respond or defence\nas required by the order.\n","sortOrder":83},{"sectionNumber":"242","sectionType":"section","heading":"Included or substituted parties—date proceeding taken to","content":"242 Included or substituted parties—date proceeding taken to\nstart\n(1) This rule applies if the court orders that a person be included or\nsubstituted as a party in the proceeding.\n(2) The date the proceeding starts in relation to the person is taken to be—\n(a) the date when the order is made; or\n(b) if another date is stated in the order—that date.\n(3) However, an earlier date must not be stated in the order if the\ninclusion or substitution of the person on that date would bring the\nstart of the proceeding within a limitation period applying to the\n","sortOrder":84},{"sectionNumber":"243","sectionType":"section","heading":"Included or substituted parties—effect of action","content":"243 Included or substituted parties—effect of action\npreviously taken in proceeding\n(1) Unless the court otherwise orders—\n(a) if the court orders that a person be included as a party in the\nproceeding—the proceeding continues as if the person were an\noriginal party to the proceeding; and\n\nDivision 2.4.4 Included or changed parties—future conduct of proceedings\nRule 244\n(b) if the court orders that a person be substituted for a party or\nformer party in the proceeding—everything previously done in\nthe proceeding has the same effect in relation to the new party\nas it had in relation to the previous party.\n(2) If the previous party was a defendant, subrule (1) (b) does not apply\nto the following:\n(a) the filing of a notice of intention to respond or defence by the\nprevious party;\n(b) an admission made by the previous party;\n(c) an order for costs in favour of, or against, the previous party.\n","sortOrder":85},{"sectionNumber":"244","sectionType":"section","heading":"Included or changed parties—other orders about future","content":"244 Included or changed parties—other orders about future\nconduct of proceeding\nThe court may also make any order it considers appropriate for the\nfuture conduct of the proceeding, including, for example, an order\nabout—\n(a) serving the order, and other documents; and\n(b) amending documents; and\n(c) filing a notice of intention to respond or defence by a person\nincluded or substituted as a defendant.\n\nRepresentation in proceedings for personal injuries Division 2.4.4A\nRule 245\nDivision 2.4.4A Representation in proceedings for\npersonal injuries\n","sortOrder":86},{"sectionNumber":"245","sectionType":"section","heading":"Separate representation of defendant for insurer’s period","content":"245 Separate representation of defendant for insurer’s period\non risk\n(1) A defendant in a proceeding in relation to a personal injury claim may\nbe separately represented in the proceeding for each insurer on risk in\nrelation to the claim.\n(2) These rules apply to the defendant as if, for each separate\nrepresentation, the defendant were a separate party.\n(3) A notice of intention to respond or, if a notice is not filed, a defence,\nfiled in relation to the separate representation must state the risk to\nwhich the notice or defence relates.\nDivision 2.4.5 Proceedings under Civil Law\n(Wrongs) Act 2002, pt 3.1\n","sortOrder":87},{"sectionNumber":"250","sectionType":"section","heading":"One proceeding for benefit of members of deceased","content":"250 One proceeding for benefit of members of deceased\nperson’s family\n(1) Not more than 1 proceeding under the Civil Law (Wrongs) Act 2002,\npart 3.1 (Wrongful act or omission causing death) may be started\nagainst a person in relation to a death.\n(2) The proceeding must be started by the deceased person’s personal\nrepresentative for the benefit of the members of the person’s family\n(the beneficiaries) who suffered damage or loss because of the death.\n(3) However, if the proceeding has not been started by the personal\nrepresentative at the end of 6 months after the day of the death, any 1\nor more of the beneficiaries may start the proceeding.\n\nDivision 2.4.5 Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1\nRule 251\n(4) The proceeding mentioned in subrule (3) must be for the benefit of\nthe same people and subject to the same provisions and procedures\n(with any necessary changes) as if it were started by the deceased\nperson’s personal representative for the benefit of the beneficiaries.\n","sortOrder":88},{"sectionNumber":"251","sectionType":"section","heading":"Orders in proceedings for compensation to relatives in","content":"251 Orders in proceedings for compensation to relatives in\ndeath claims\n(a) a proceeding under the Civil Law (Wrongs) Act 2002, part 3.1\n(Wrongful act or omission causing death) is started in the court;\nand\n(b) the court is satisfied that a person whose name is not included in\nthe names of the people for whose benefit the proceeding is\nstated to have been started is a person whose name should have\nbeen included;\nthe court may order that the proceeding continue as if the name of the\nperson had been included.\n(2) The court may make an order under subrule (1)—\n(a) on application by the person; or\n(3) In a proceeding under the Civil Law (Wrongs) Act 2002, part 3.1, the\ncourt may order that any 1 or more of the people for whose benefit\nthe proceeding has been started must be separately represented by a\nlegal practitioner.\n(4) If the court makes an order under this rule, it may, at the same time\nor later, make the orders about procedure in the proceeding that it\n\nRepresentation—trustees and personal representatives Division 2.4.6\nRule 255\n(5) The powers of the court under this rule are additional to any other\npowers of the court.\nDivision 2.4.6 Representation—trustees and\npersonal representatives\n","sortOrder":89},{"sectionNumber":"255","sectionType":"section","heading":"Application—div 2.4.6","content":"255 Application—div 2.4.6\nThis division does not apply to a proceeding to which division 2.4.5\n(Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1) applies.\n","sortOrder":90},{"sectionNumber":"256","sectionType":"section","heading":"Representation—by trustees and personal","content":"256 Representation—by trustees and personal\n(1) A proceeding in relation to a trust, or a deceased person’s estate, may\nbe started or continued by or against the trustees, or personal\nrepresentatives, without including anyone with a beneficial interest in\nor claim against the trust or estate (a beneficiary).\n(2) Subrule (1) has effect despite rule 213 (Including parties—joint\nentitlement).\n(3) In a proceeding mentioned in subrule (1)—\n(a) the trustees or personal representatives are taken to represent\nevery beneficiary; and\n(b) an order made in the proceeding is binding on every beneficiary.\n(4) However, the court may order that an order does not bind a\nbeneficiary if satisfied that the trustee or personal representative did\nnot in fact represent the beneficiary.\n(5) Also, the court may, at any stage in the proceeding, order that a\nbeneficiary be made a party to the proceeding in addition to or instead\nof an existing party.\n\nDivision 2.4.6 Representation—trustees and personal representatives\nRule 257\n(6) This rule applies to trustees and personal representatives in a\nproceeding to enforce a security by foreclosure or otherwise.\n","sortOrder":91},{"sectionNumber":"257","sectionType":"section","heading":"Representation—trustees and personal representatives","content":"257 Representation—trustees and personal representatives\nmust be parties\n(1) In a proceeding in relation to a deceased person’s estate, all personal\nrepresentatives must be parties.\n(2) In a proceeding in relation to a trust, all trustees must be parties.\n(3) In a proceeding started by trustees or personal representatives, a\ntrustee or personal representative who does not agree to being\nincluded as a plaintiff must be made a defendant.\n","sortOrder":92},{"sectionNumber":"258","sectionType":"section","heading":"Representation—beneficiaries and claimants","content":"258 Representation—beneficiaries and claimants\n(1) In a proceeding in relation to a deceased person’s estate, everyone\nhaving a beneficial interest in or claim against the estate need not be\nparties, but the plaintiff may make parties of any of them the plaintiff\n(2) In a proceeding in relation to a trust, everyone having a beneficial\ninterest under the trust need not be parties, but the plaintiff may make\nparties of any of them the plaintiff considers appropriate.\n(3) This rule has effect despite rule 213 (Including parties—joint\nentitlement).\n","sortOrder":93},{"sectionNumber":"259","sectionType":"section","heading":"Representation—proceeding about administration of","content":"259 Representation—proceeding about administration of\ndeceased person’s estate or trust property\n(1) If 2 or more people are or may be interested in or affected by a\nproceeding in relation to either or both of the following matters, the\ncourt may appoint 1 or more of them to represent all or some of them:\n(a) the administration of a deceased person’s estate;\n\nRepresentation—trustees and personal representatives Division 2.4.6\nRule 260\n(b) property subject to a trust.\nappointment.\n(2) The court must not appoint a person under subrule (1) unless\nsatisfied—\n(a) that the interested or affected people (or some of them) cannot,\nor cannot readily, be identified; or\n(b) that the interested or affected people (or some of them), although\nidentified, cannot be found; or\n(c) that, although all of the interested or affected people have been\nidentified and found, it is appropriate for a representative to be\nappointed to represent all or some of them.\n(3) If the court makes an order under subrule (1) appointing 2 or more\npeople, it may give the conduct of the proceeding, or any part of the\nproceeding, to the person it considers appropriate.\n(4) For this rule, people may be taken to have an interest or liability even\nif—\n(a) in relation to 1 or more of them—the interest or liability is a\ncontingent or future interest or liability; or\n(b) 1 or more of them is an unborn child.\n(5) This rule does not limit the operation of rule 261 (Representation—\ninterests of deceased person’s estate).\n","sortOrder":94},{"sectionNumber":"260","sectionType":"section","heading":"Representation—orders bind represented people in","content":"260 Representation—orders bind represented people in\nestate or trust proceeding\n(1) This rule applies if a person (the appointed person) has been\nappointed under rule 259 (1) to represent another person or other\npeople in a proceeding.\n\nDivision 2.4.6 Representation—trustees and personal representatives\nRule 261\n(2) An order made in the proceeding is binding on everyone represented\nby the appointed person as if the represented person were a party to\n","sortOrder":95},{"sectionNumber":"261","sectionType":"section","heading":"Representation—interests of deceased person’s estate","content":"261 Representation—interests of deceased person’s estate\n(1) This rule applies to a proceeding if the court is satisfied—\n(a) that a deceased person’s estate has an interest in or is affected\nby the proceeding, but is not represented in the proceeding; or\n(b) that the personal representative of the deceased person has an\ninterest in the proceeding adverse to the interests of the deceased\nperson’s estate.\n(a) order that the proceeding continue in the absence of the personal\nrepresentative; or\n(b) by order, appoint a personal representative for the deceased\nperson’s estate for the proceeding.\n(3) The court may make an order under this rule on the application of a\nperson interested in the deceased person’s estate or on its own\n(4) The court must not appoint a person under subrule (2) (b) unless the\nperson agrees to the appointment.\n(5) If the court orders that the proceeding continue in the absence of a\npersonal representative for the deceased person’s estate, any order\nmade under this rule, and any order subsequently made in the\nproceeding, is binding on the estate as if a personal representative\nwere a party to the proceeding.\n\nRepresentation—numerous concurrent interests Division 2.4.7\nRule 265\n(6) Before making an order under this rule on application, the court may\norder that notice of the application be given to anyone with an interest\nin the estate it considers appropriate.\nDivision 2.4.7 Representation—numerous\nconcurrent interests\n","sortOrder":96},{"sectionNumber":"265","sectionType":"section","heading":"Application—div 2.4.7","content":"265 Application—div 2.4.7\nThis division does not apply to a proceeding to which either of the\nfollowing divisions applies:\n(a) division 2.4.5 (Proceedings under Civil Law (Wrongs)\nAct 2002, pt 3.1);\n(b) division 2.4.6 (Representation—trustees and personal\nrepresentatives).\n","sortOrder":97},{"sectionNumber":"266","sectionType":"section","heading":"Representation—numerous concurrent interests","content":"266 Representation—numerous concurrent interests\n(1) If numerous people have the same interest or liability in a proceeding,\nthe proceeding may be started and, unless the court otherwise orders,\ncontinued by or against any 1 or more of them as representing all of\nthem.\n(2) At any stage in the proceeding, the plaintiff may apply to the court\nfor an order appointing any 1 or more of numerous defendants, or\nother people whom the defendants represent in the proceeding, to\nrepresent all defendants in the proceeding.\n(3) If the court appoints a person under subrule (2) who is not a defendant\nin the proceeding, it must include the person as a defendant in the\nproceeding under rule 220 (Court may include party if appropriate or\nnecessary).\n\nRule 267\n(4) If the court appoints 2 or more people under subrule (2), it may give\nthe conduct of the proceeding, or any part of the proceeding, to the\nperson it considers appropriate.\n","sortOrder":98},{"sectionNumber":"267","sectionType":"section","heading":"Orders in div 2.4.7 proceeding bind represented people","content":"267 Orders in div 2.4.7 proceeding bind represented people\n(1) An order made in a proceeding against or in favour of a party who\nrepresents others under this division—\n(a) is binding on everyone represented by the party in the\nproceeding; but\n(b) is not enforceable against or by a person who is not a party to\nthe proceeding without the court’s leave.\n(2) An application for leave under subrule (1) (b) must be served on the\nperson against whom the enforcement of the order is sought as if the\napplication were an originating process.\n(3) This rule does not prevent a person against whom an order is sought\nto be enforced from disputing liability because of circumstances\npeculiar to the person.\n","sortOrder":99},{"sectionNumber":"270","sectionType":"section","heading":"Consolidation etc of proceedings","content":"270 Consolidation etc of proceedings\n(1) This rule applies if, in relation to 2 or more proceedings, it appears to\nthe court that—\n(a) a common issue of law or fact arises; or\n(b) the relief sought in each of the proceedings is in relation to, or\narises out of, the same transaction or event or series of\ntransactions or events; or\n\nMultiple proceedings Division 2.4.8\nRule 270\n(c) a decision in a proceeding will decide or affect the other\nproceeding or proceedings; or\n(d) it is otherwise desirable to make an order under this rule.\n(2) The court may order that—\n(a) the proceedings be consolidated; or\n(b) the proceedings be heard together or in a particular sequence; or\n(c) any of the proceedings be stayed until any other of the\nproceedings have been decided.\nNote Consolidation results in the proceedings becoming a single proceeding\nand, for example, only 1 judgment is given in the consolidated\nto any of the proceedings or on its own initiative.\n(4) If the court orders that proceedings be consolidated or heard together\nor in a particular sequence, it may give the directions it considers\nappropriate for the conduct of the proceeding or proceedings.\n(5) Before or during the hearing of a consolidated hearing or of hearings\nordered to be heard together or in a particular sequence, the court may\norder that the proceedings be separated or heard in another sequence.\n\nRule 275\n","sortOrder":100},{"sectionNumber":"275","sectionType":"section","heading":"Person with legal disability—litigation guardian to start","content":"275 Person with legal disability—litigation guardian to start\nproceeding etc\n(1) Unless a territory law otherwise provides, a person with a legal\ndisability may start or defend, and carry on, a proceeding only by the\nperson’s litigation guardian.\nExample—territory law otherwise providing\nThe Court Procedures Act 2004, s 74E provides that in a proceeding in a court in\nrelation to a child or young person, the child or young person may be represented\nby a lawyer or litigation guardian, or both.\nNote 1 Person with a legal disability is defined in the dictionary.\n(2) However, a child may start, and carry on, a proceeding in the\nMagistrates Court to recover wages, salary or any other amount\nowing to the child in relation to the child’s employment, or a contract\nfor services for the doing of work by the child, as if the child were an\nadult.\n(3) Anything in a proceeding (including a related enforcement\nproceeding) required or allowed by these rules to be done by a party\nmay be done only by the party’s litigation guardian if the party is a\nperson under a legal disability.\n(4) However, part 2.8 (Disclosure) applies to a party who is a person\nunder a legal disability as if the person were not a person under a legal\ndisability.\n(5) An act required to comply with an order under part 2.8 may be\nperformed by—\n(a) if the party can perform it—the party; or\n(b) in any other case—the party’s litigation guardian.\n\nPeople with a legal disability Division 2.4.9\nRule 276\n(6) A party’s litigation guardian who is not a legal practitioner may act\nonly by a solicitor.\n","sortOrder":101},{"sectionNumber":"276","sectionType":"section","heading":"Who may be litigation guardian","content":"276 Who may be litigation guardian\n(1) A person may be a litigation guardian of a person with a legal\ndisability for a proceeding if the person—\n(a) is not a person with a legal disability; and\n(b) has no interest in the proceeding adverse to the interests of the\nperson with a legal disability; and\n(c) has agreed to be the person’s litigation guardian.\n(2) If a person is authorised under a territory law to conduct a proceeding\nin the name of or for (however described) a person with a legal\ndisability, the authorised person is entitled to be litigation guardian of\nthe person with a legal disability in any proceeding to which the\nauthorised person’s authority extends, unless the court otherwise\n1 The Guardianship and Management of Property Act 1991, s 7 (3) provides\nthat a person’s guardian may be given the power by the ACAT to bring or\ncontinue a proceeding for or in the name of the person.\n2 That Act, s 8 provides that the ACAT may appoint a manager to manage a\nperson’s property. The powers that may be given to a person’s manager are\nthe powers that the person would have if the person were legally competent to\nexercise powers in relation to the person’s property.\n","sortOrder":102},{"sectionNumber":"277","sectionType":"section","heading":"Litigation guardian—liability for costs","content":"277 Litigation guardian—liability for costs\n(1) A litigation guardian for a plaintiff is liable for any costs for which\nthe plaintiff would have been liable if the plaintiff were not a person\nwith a legal disability.\n\nRule 278\n(2) An order for costs against the plaintiff or the litigation guardian may\nbe enforced against the litigation guardian.\n(3) A litigation guardian for a defendant is not liable for any costs in a\nproceeding unless the costs are incurred because of the litigation\nguardian’s negligence or misconduct.\n","sortOrder":103},{"sectionNumber":"278","sectionType":"section","heading":"Becoming a litigation guardian","content":"278 Becoming a litigation guardian\n(1) Unless a territory law otherwise provides, a person may become the\nlitigation guardian of a person with a legal disability without the need\nfor any formal instrument of appointment or any order of a court.\n(2) Unless a person is appointed as a litigation guardian by the court, a\nperson becomes the litigation guardian of a person with a legal\ndisability for a proceeding by filing in the court—\n(a) an affidavit by the solicitor for the person with a legal disability,\nor someone else with knowledge of the facts, stating that the\n(i) has agreed to be the litigation guardian; and\n(ii) is an appropriate person to be the litigation guardian; and\n(iii) does not have an interest in the proceeding adverse to the\ninterest of the person with a legal disability; and\n(b) the person’s written consent to be the litigation guardian of the\nperson with a legal disability; and\n\nPeople with a legal disability Division 2.4.9\nRule 279\n(c) if the person with a legal disability is a plaintiff in the\nproceeding—an undertaking by the person that the person will\nbe liable for any costs that the person with a legal disability\nmight otherwise be required to pay in the proceeding.\n• approved form 2.10 (Affidavit for person to act as litigation\nguardian) AF2006-255\n• approved form 2.11 (Consent and undertaking by person to act as\nlitigation guardian) AF2006-256.\n","sortOrder":104},{"sectionNumber":"279","sectionType":"section","heading":"Person with legal disability—effect of no notice of","content":"279 Person with legal disability—effect of no notice of\nintention to respond or defence\n(1) If a defendant who is a person with a legal disability does not file a\nnotice of intention to respond or defence within the time limited by\nthese rules, the plaintiff may not continue the proceeding unless\nsomeone is made litigation guardian of the defendant.\n(2) This rule has effect despite division 2.11.3 (Default by defendant).\n","sortOrder":105},{"sectionNumber":"280","sectionType":"section","heading":"Litigation guardian—appointment and removal by court","content":"280 Litigation guardian—appointment and removal by court\n(1) A person may not replace someone else as litigation guardian of a\nperson with a legal disability except by an order of the court.\n(2) If a party to a proceeding is or becomes a person with a legal disability\nand the party does not have a litigation guardian, the court may, by\norder, appoint a litigation guardian.\n(3) If a party to a proceeding is or becomes a person with a legal disability\nand the party has a litigation guardian, the court may, by order,\nremove the party’s litigation guardian and appoint another litigation\n(4) In a proceeding in relation to a person with a legal disability who is\nnot a party, the court may, by order, appoint a litigation guardian of\nthe person and include the person as a party to the proceeding.\n\nRule 281\n(5) If the court removes a party’s litigation guardian, it may also, by\norder, stay the proceeding until the appointment of a new litigation\n(6) An application for an order under this rule must be served on the\nperson with a legal disability and, if the application proposes removal\nof a litigation guardian, on the litigation guardian.\n(7) In a proceeding on an application for the appointment of a litigation\nguardian, evidence in support of the application must include\nevidence—\n(a) that the party for whom a litigation guardian is to be appointed\nis a person with a legal disability; and\n(b) that the proposed litigation guardian agrees to being appointed\nand does not have an interest in the proceeding adverse to the\ninterests of the person with a legal disability.\n(8) The court may make an order under this rule on application by a party\nto the proceeding or anyone else or on its own initiative.\n(9) If an application for an order under this rule is made during the\nproceeding or after judgment is given in the proceeding, the\napplication must be made in accordance with part 6.2 (Applications\nin proceedings).\n(10) For the Supreme Court, if an application for an order under this rule\nis made before the proceeding starts, the application must be made by\n","sortOrder":106},{"sectionNumber":"281","sectionType":"section","heading":"Litigation guardian—accounts","content":"281 Litigation guardian—accounts\nDivision 2.9.5 (Receivers) applies in relation to a litigation guardian’s\naccounts, with any necessary changes, in the same way as it applies\nto a receiver’s accounts.\n\nPartnerships Division 2.4.10\nRule 282\n","sortOrder":107},{"sectionNumber":"282","sectionType":"section","heading":"Person with legal disability—approval of settlement etc","content":"282 Person with legal disability—approval of settlement etc\n(1) In a proceeding (or proposed proceeding) in which there is a claim\nfor an amount (including an amount of damages) by or on behalf of a\nperson with a legal disability, a settlement or compromise may only\nbe entered into, and an amount paid into court may only be accepted,\nwith the court’s approval.\n(2) The application for the court’s approval must be made by originating\napplication, unless the application is made in a proceeding that has\nalready been started.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application for the\ncourt’s approval in a proceeding that has already been started.\n(3) If the court approves a settlement, compromise or acceptance of an\namount paid into court, the court may enter judgment for the amount\nof the settlement, compromise or payment into court.\n(4) This rule applies whether the person is suing alone or with another\n","sortOrder":108},{"sectionNumber":"285","sectionType":"section","heading":"Meaning of partnership proceeding—div 2.4.10","content":"285 Meaning of partnership proceeding—div 2.4.10\npartnership proceeding means a proceeding started by or against a\npartnership in the partnership name, and includes a proceeding\nbetween a partnership and 1 or more of its partners.\nNote See also r 108 (Notice of intention to respond or defence—person sued\nunder partnership name) and r 109 (Notice of intention to respond or\ndefence—person incorrectly served as partner).\n\nRule 286\n","sortOrder":109},{"sectionNumber":"286","sectionType":"section","heading":"Proceeding in partnership name","content":"286 Proceeding in partnership name\n(1) Two or more partners may start a proceeding in the partnership name.\n(2) A proceeding against people claimed to be partners may be started\nagainst the claimed partnership in the partnership name.\n(3) The partnership name used in a partnership proceeding must be the\nname of the partnership when the cause of action arose.\n(4) For an incorporated limited partnership, the name of the partnership\nwhen the cause of action arose is the name in which the partnership\nwas registered under the Partnership Act 1963, section 59\n(Registration of incorporated limited partnership) when the cause of\naction arose.\n(5) Unless the court otherwise orders, a partnership proceeding must\ncontinue in the partnership name and not in the name of the individual\npartners.\n","sortOrder":110},{"sectionNumber":"287","sectionType":"section","heading":"Disclosure of partners’ names","content":"287 Disclosure of partners’ names\n(1) At any stage of a partnership proceeding, a party may by notice served\non the partnership require the partnership to give the party the names\nand home addresses of all of the people who were partners in the\npartnership when the cause of action arose.\nNote Rule 6433 deals with service of an originating process on a partnership.\n(2) The notice must state a date for compliance with the notice that is at\nleast 2 days after the day the notice is served on the partnership.\n(3) If the partnership does not give the party the information required by\nthe notice, the court may make any order it considers appropriate,\nincluding an order—\n(a) staying the proceeding until the information is given; and\n\nBusiness names Division 2.4.11\nRule 290\n(b) striking out a pleading or affidavit.\n","sortOrder":111},{"sectionNumber":"290","sectionType":"section","heading":"Proceeding in registered business name","content":"290 Proceeding in registered business name\nA proceeding may be started against a name registered under the\nBusiness Names Registration Act 2011 (Cwlth).\n","sortOrder":112},{"sectionNumber":"291","sectionType":"section","heading":"Proceeding in business name if unregistered etc","content":"291 Proceeding in business name if unregistered etc\n(1) This rule applies to a business name under which business is being\ncarried on by a person in contravention of the Business Names\nRegistration Act 2011 (Cwlth) because—\n(a) the name is not registered under that Act; or\n(b) the name is registered under that Act, but is not registered in\nrelation to the person; or\n(c) the name is registered under that Act in relation to the person\nbut the person has not complied with that Act, section 12\n(Notification of changes in particulars relating to registered\nbusiness names etc) in relation to the name.\n(2) If a proceeding is started against the person under the business name,\nthe following provisions apply:\n(a) the proceeding is not invalid only because of the contravention;\n(b) the business name is a sufficient designation of the person in any\nprocess in or in relation to the proceeding until the plaintiff\nmakes the amendments mentioned in rule 292 (3).\nNote See r 110 (Notice of intention to respond or defence—person sued under\nbusiness name).\n\nRule 292\n","sortOrder":113},{"sectionNumber":"292","sectionType":"section","heading":"Business names—amendment about parties","content":"292 Business names—amendment about parties\n(1) This rule applies to a business name under which business is being\ncarried on by a person in contravention of the Business Names\nRegistration Act 2011 (Cwlth) because—\n(a) the name is not registered under that Act; or\n(b) the name is registered under that Act, but is not registered in\nrelation to the person.\n(2) If a proceeding is started against the person under the business name,\nthe plaintiff must take all reasonable steps to find out the person’s\nname.\n(3) The plaintiff must also make the amendments necessary for the\nproceeding to be continued against a named defendant and not in the\nbusiness name.\n(4) Until the amendments are made, the plaintiff may only take a step in\nthe proceeding with the court’s leave.\n(5) Subrule (4) does not apply to—\n(a) the filing or service of an originating process; or\n(b) the filing or service of an application under rule 650 (Discovery\nto identify potential defendant) or rule 651 (Discovery to\nidentify right to claim relief); or\n(c) the filing or service of an application for an order under rule 706\n(Urgent orders before start of proceeding); or\n(d) a step taken to comply with this rule; or\n(e) the filing or service of an application for leave under subrule (4).\n\nBusiness names Division 2.4.11\nRule 292\n(6) An amendment for this rule must be made in accordance with rule 509\n(Amendment—procedure) and served in accordance with rule 511\n(Amendment—service of amended document).\n(7) This rule applies in addition to part 2.7 (Amendment).\n\nRule 300\nPart 2.5 Third-party and similar\n","sortOrder":114},{"sectionNumber":"300","sectionType":"section","heading":"Purpose—pt 2.5","content":"300 Purpose—pt 2.5\nThe purpose of this part is to provide for a third-party procedure in\nproceedings started by originating claim.\n","sortOrder":115},{"sectionNumber":"301","sectionType":"section","heading":"When a third-party proceeding starts","content":"301 When a third-party proceeding starts\nA third-party proceeding starts on the day the third-party notice for\nthe proceeding is filed in the court.\nNote Rule 6145 (5) (Filed documents initially rejected) provides that, if a\ndocument is rejected by the registrar, it is taken to have been filed on the\nday it was first filed.\n","sortOrder":116},{"sectionNumber":"302","sectionType":"section","heading":"Third-party proceeding—when available","content":"302 Third-party proceeding—when available\nA defendant may file a third-party notice if the defendant wants to—\n(a) claim a contribution or indemnity against a person who is not\nalready a party to the proceeding; or\n(b) claim relief against a person who is not already a party to the\nproceeding that—\n(i) relates to or is connected with the original subject matter\nof the proceeding; and\n(ii) is substantially the same as some relief claimed by the\n\nRule 303\n(c) require an issue relating to or connected with the original subject\nmatter of the proceeding to be decided not only as between the\nplaintiff and defendant but also between either of them and a\nperson not already a party to the proceeding.\n","sortOrder":117},{"sectionNumber":"303","sectionType":"section","heading":"Third-party notice—content etc","content":"303 Third-party notice—content etc\n(1) A third-party notice must state briefly and specifically the nature of\nthe claim made and relief sought.\nNote See approved form 2.12 (Third-party notice) AF2006-257.\n(2) A statement of claim must be filed with the third-party notice.\n• approved form 2.2 (Statement of claim—debt or liquidated demand)\nAF2007-60\n• approved form 2.3 (Statement of claim—motor vehicle death or\npersonal injury) AF2014-160\n• approved form 2.4 (Statement of claim—employment death or\npersonal injury) AF2014-26\n• approved form 2.6 (Statement of claim—general) AF2006-447.\nNote 2 See r 305 (Third-party notice—statement of claim for certain personal\ninjuries claims).\nNote 3 A statement of claim is a pleading (see dict, def pleading) and therefore\n(3) A third-party notice filed in the Magistrates Court, or the\naccompanying statement of claim, must show that the court has\njurisdiction to decide the claim.\n(4) A third-party notice must state—\n\nRule 304\n(d) if the defendant is suing in a representative capacity—the\nrepresentative capacity in which the defendant is suing; and\n(e) if a third party is being sued in a representative capacity—the\nrepresentative capacity in which the third party is being sued.\n(5) A third-party notice must state specifically any claim for—\n(a) exemplary damages or aggravated damages; and\n(b) interest up to the day of judgment.\n(6) A third-party notice need not specifically claim costs unless the claim\nis for a debt or liquidated demand.\n(7) If the relief sought requires the court’s decision or direction on any\nquestion, the third-party notice must state the question.\n","sortOrder":118},{"sectionNumber":"304","sectionType":"section","heading":"Third-party notice—additional matters for claims for debt","content":"304 Third-party notice—additional matters for claims for debt\nand liquidated demands\n(1) This rule applies to a third-party notice that includes a claim for a debt\nor liquidated demand.\n(2) A claim for interest up to the day of judgment—\n(a) must state the period or periods for which interest is claimed;\nand\n(b) may state the rate or rates at which interest is claimed.\n(3) If a rate is not claimed under subrule (2) (b), the rate is taken to be the\nrate of interest applying, from time to time, under schedule 2, part 2.1\n(Interest up to judgment).\n\nRule 305\n(4) The costs amount applying under schedule 3, part 3.1 (Claim for debt\nor liquidated demand) must be specifically claimed for costs.\n","sortOrder":119},{"sectionNumber":"305","sectionType":"section","heading":"Third-party notice—statement of claim for certain","content":"305 Third-party notice—statement of claim for certain\npersonal injury claims\nThe following rules apply, with any necessary changes, to a statement\nof claim for a third-party notice in the same way as they apply to a\nstatement of claim for an originating claim:\n(a) rule 52 (Originating claim—statement of claim for motor\nvehicle death and personal injury claims);\n(b) rule 53 (Originating claim—statement of claim for employment\ndeath and personal injury claims).\n","sortOrder":120},{"sectionNumber":"306","sectionType":"section","heading":"Third-party notice—filing","content":"306 Third-party notice—filing\n(1) Unless the court gives leave, a third-party notice—\n(a) must not be filed by a defendant until the defendant has filed a\ndefence; and\n(b) must be filed not later than 28 days after the end of whichever\nof the following periods ends last:\n(i) the time limited for filing the defence of the defendant who\nis filing the third-party notice (the prescribed period);\n(ii) if the plaintiff agrees to an extension of the prescribed\nperiod—the agreed period.\n(2) The defendant must serve a stamped copy of an application for leave\nunder subrule (1) to file a third-party notice on—\n(a) the plaintiff; and\n\nRule 307\n(b) each other active party who has filed a notice of intention to\n(3) If the court gives leave under subrule (1) to the defendant to file a\nthird-party notice, it may give directions about filing and serving the\n","sortOrder":121},{"sectionNumber":"307","sectionType":"section","heading":"Third-party notice—sealing","content":"307 Third-party notice—sealing\nThe registrar must seal a third-party notice and any filed copies of the\nthird-party notice.\nNote The registrar may reject an originating process that is filed (see r 6140\n","sortOrder":122},{"sectionNumber":"308","sectionType":"section","heading":"Third-party notice—service","content":"308 Third-party notice—service\n(1) A defendant to a proceeding who files a third-party notice must serve\na sealed copy of the notice and accompanying statement of claim on\nthe third party as if—\n(a) the notice were an originating claim in a proceeding; and\n(b) the defendant were a plaintiff and the third party were a\ndefendant in the proceeding.\nNote Rule 54 (Originating claim—filing and service) deals with service of an\noriginating claim.\n(2) The defendant must serve the following documents with the\nthird-party notice:\n(a) a sealed copy of any order giving leave to file the notice;\n(b) a sealed copy of any directions about filing and serving the\nnotice;\n(c) a copy of a sealed copy of any other relevant order made in\nrelation to the proceeding;\n\nRule 309\n(d) a copy of a sealed copy of the originating claim and\naccompanying statement of claim;\n(e) a copy of a stamped copy of all other pleadings filed in the\n(f) a copy of a stamped copy of all applications in the proceeding\nnot finally disposed of;\n(g) a copy of all affidavits filed in the proceeding, other than\naffidavits that are not relevant to the issues arising on the\nthird-party notice;\n(h) a copy of all other documents that have been served by the\nplaintiff on the defendant, or by the defendant on the plaintiff,\nand are intended to be relied on;\n(i) a copy of all amendments of any document mentioned in\nparagraphs (d) to (h) or details of the amendments.\n","sortOrder":123},{"sectionNumber":"309","sectionType":"section","heading":"Third-party notice—effect of service on third party","content":"309 Third-party notice—effect of service on third party\nOn being served with a third-party notice, the third party becomes a\nparty to the proceeding with the same rights in relation to the third\nparty’s defence to a claim made against the third party in the notice\nas the third party would have if sued in the ordinary way by the\n","sortOrder":124},{"sectionNumber":"310","sectionType":"section","heading":"Third-party notice—setting aside","content":"310 Third-party notice—setting aside\nRule 40 (Setting aside originating process etc) applies, with necessary\nchanges, to a proceeding started by a third-party notice as if the\nproceeding were a proceeding started by an originating process.\n\nRule 311\n","sortOrder":125},{"sectionNumber":"311","sectionType":"section","heading":"Third-party notice—notice of intention to respond and","content":"311 Third-party notice—notice of intention to respond and\n(1) Part 2.3 (Notice of intention to respond and defence) applies, with\nnecessary changes, to a proceeding started by a third-party notice as\nif—\n(a) the proceeding were a proceeding started by an originating\n(b) the third-party notice were the originating claim in the\n(c) the defendant were a plaintiff and the third party were a\ndefendant in the proceeding.\n(2) The third party may, in the defence to the third-party notice, deny a\nplaintiff’s claims against a defendant and claim a matter showing a\nplaintiff’s claim against a defendant is not maintainable.\n","sortOrder":126},{"sectionNumber":"312","sectionType":"section","heading":"Service of pleadings after filing of third-party notice","content":"312 Service of pleadings after filing of third-party notice\nA party who files a pleading after the filing of a third-party notice\nmust serve the pleading on all other active parties.\n","sortOrder":127},{"sectionNumber":"313","sectionType":"section","heading":"Counterclaim by third party","content":"313 Counterclaim by third party\n(1) A third party who has a claim against the defendant who included the\nthird party may counterclaim against the defendant.\n(2) The third party may include the plaintiff or someone else as a\ndefendant to the counterclaim if the person could be included as a\ndefendant if the third party brought a separate proceeding.\n(3) Rule 462 (Counterclaim—against additional party) applies, with\nnecessary changes, to a counterclaim by a third party.\n\nRule 314\n","sortOrder":128},{"sectionNumber":"314","sectionType":"section","heading":"Third-party notice—default by third party","content":"314 Third-party notice—default by third party\n(a) a default judgment is entered for the plaintiff against the\ndefendant who included a third party; and\n(b) the third party is in default in relation to the third-party notice.\nNote Div 2.11.3 (Default by defendant) applies to a third-party notice (see\nr 1116 (Application—div 2.11.3) and r 1117 (When is a defendant in\ndefault—generally).\n(2) The third party—\n(a) is taken to admit a claim stated in the third-party notice or its\nstatement of claim; and\n(b) is bound by the default judgment between the plaintiff and\ndefendant as far as it is relevant to a claim or issue stated in the\nthird-party notice or statement of claim.\n(3) The defendant—\n(a) at any time after satisfaction of the default judgment, or, with\nthe court’s leave, before satisfaction, may obtain a judgment\nagainst the third party for a contribution or indemnity claimed\nin the notice; and\n(b) with the court’s leave, may obtain a judgment against the third\nparty for other relief or remedy claimed in the notice.\nan order (including an order setting aside, amending or a judgment) under\n(4) The court may amend or set aside the judgment against the third party.\n\nRule 315\n","sortOrder":129},{"sectionNumber":"315","sectionType":"section","heading":"Third parties—disclosure","content":"315 Third parties—disclosure\n(1) A third party to a proceeding may serve on the defendant who\nincluded the third party a notice requiring the defendant to disclose\ndiscoverable documents for the proceeding only if the third party files\na notice of intention to respond or defence.\n(2) A third party to a proceeding may serve on a plaintiff a notice\nrequiring the plaintiff to disclose discoverable documents for the\nproceeding only if the third party denies the plaintiff’s allegations\nagainst the defendant or alleges another matter showing the plaintiff’s\nclaim against the defendant is not maintainable.\n(3) However, disclosure may be ordered by the court.\ndisclosure order.\n","sortOrder":130},{"sectionNumber":"316","sectionType":"section","heading":"Third-party notice—hearing","content":"316 Third-party notice—hearing\n(1) A third party may appear at, and take part in, the hearing of the\nproceeding as the court directs.\ndirection or order under this rule.\n(2) At the hearing, the issues between the defendant who included the\nthird party and the third party must be heard with the issues between\nthe plaintiff and the defendant.\n(3) However, the court may, at any time, order that the issues between\nthe defendant who included the third party and the third party be heard\nseparately from the issues between the plaintiff and the defendant if\nit considers that hearing them together would—\n(a) unfairly prejudice a party; or\n(b) embarrass or delay the hearing of the proceeding; or\n(c) be otherwise inconvenient.\n\nRule 317\n(4) The court may order the separate hearing—\n(a) on application by a party before the party files and serves a third-\nparty notice; or\n(5) The court may give the orders it considers appropriate about the\nconduct of the separate hearing.\n","sortOrder":131},{"sectionNumber":"317","sectionType":"section","heading":"Third party—extent bound by judgment between plaintiff","content":"317 Third party—extent bound by judgment between plaintiff\nand defendant\nIn a proceeding, the court may make an order about the extent to\nwhich a third party is bound by a judgment between a plaintiff and a\n","sortOrder":132},{"sectionNumber":"318","sectionType":"section","heading":"Third-party notice—judgment between defendant and","content":"318 Third-party notice—judgment between defendant and\nthird party\n(1) In a proceeding, the court may enter judgment in favour of—\n(a) a defendant who included a third party against the third party; or\n(b) the third party against the defendant.\n(a) judgment is entered in favour of the plaintiff against a defendant;\nand\n(b) judgment is entered in favour of the defendant against a third\nparty;\nthe defendant must not enforce the judgment against the third party\nunless the judgment against the defendant is satisfied, or the court\n\nRule 319\n","sortOrder":133},{"sectionNumber":"319","sectionType":"section","heading":"Notice claiming contribution or indemnity against another","content":"319 Notice claiming contribution or indemnity against another\nparty\n(1) A party to a proceeding, other than a plaintiff, may file a notice\nclaiming a contribution or indemnity (a notice claiming contribution\nor indemnity) if the party wants to—\n(a) claim against another party to the proceeding a contribution or\nindemnity; or\n(b) claim against another party to the proceeding relief—\n(i) relating to or connected with the original subject matter of\n(ii) substantially the same as some relief claimed by the\n(c) require an issue relating to or connected with the original subject\nmatter of the proceeding to be decided not only as between the\nplaintiff and defendant but also between either of them and\nanother party to the proceeding.\n(2) A notice claiming contribution or indemnity must state briefly and\nspecifically the nature of the claim made and relief sought.\nNote See approved form 2.13 (Notice claiming contribution or indemnity)\nAF2009-283.\n(3) A notice claiming contribution or indemnity filed in the Magistrates\nCourt must show that the court has jurisdiction to decide the claim.\n(4) A notice claiming contribution or indemnity must state specifically\nany claim for interest up to the day of judgment.\n(5) A notice claiming contribution or indemnity need not specifically\nclaim costs.\n\nRule 320\n(6) Rule 316 (Third-party notice—hearing), rule 317 (Third party—\nextent bound by judgment between plaintiff and defendant) and\nrule 318 (Third-party notice—judgment between defendant and third\nparty) apply, with necessary changes, to a notice claiming\ncontribution or indemnity as if—\n(a) the notice were a third-party notice; and\n(b) the party who filed the notice were the defendant; and\n(c) the party against whom the claim in the notice is made were a\nthird party.\n","sortOrder":134},{"sectionNumber":"320","sectionType":"section","heading":"Notice claiming contribution or indemnity—filing and","content":"320 Notice claiming contribution or indemnity—filing and\nservice etc\n(1) Unless the court gives leave, a notice claiming contribution or\nindemnity—\n(a) must not be filed by a party until the party has filed a defence;\nand\n(b) must be filed not later than 28 days after the end of whichever\nof the following periods ends last:\n(i) the time limited for filing the defence of the party who is\nfiling the notice claiming contribution or indemnity (the\nprescribed period);\n(ii) if the plaintiff and the defendant, if the defendant is not the\nparty filing the notice, agree to an extension of the\nprescribed period—the agreed period.\n\nRule 321\n(2) An application for leave under subrule (1) to file a notice claiming\ncontribution or indemnity must be served on—\n(a) the party against whom the claim is made; and\n(b) each other active party.\n(3) If the court gives leave under subrule (1) to the party to file a notice\nclaiming contribution or indemnity, it may give directions about\nfiling and serving the notice.\n(4) A party who files a notice claiming contribution or indemnity must\nserve stamped copies of the notice on the party against whom the\nclaim is made and each other active party.\n(5) A party served with a notice claiming contribution or indemnity need\nnot file a notice of intention to respond or defence to the notice if the\nparty has filed a notice of intention to respond or defence in the\n","sortOrder":135},{"sectionNumber":"321","sectionType":"section","heading":"Contribution under Civil Law (Wrongs) Act, s 21","content":"321 Contribution under Civil Law (Wrongs) Act, s 21\nIf the only relief claimed by a party is a contribution under the Civil\nLaw (Wrongs) Act 2002, section 21 (Right of contribution) against\nanother party, the party may file and serve a notice claiming\ncontribution or indemnity without further pleading.\n","sortOrder":136},{"sectionNumber":"322","sectionType":"section","heading":"Third-party notice—fourth and subsequent parties","content":"322 Third-party notice—fourth and subsequent parties\n(1) If a third party has filed a notice of intention to respond or defence,\nthis part applies, with necessary changes, as if the third party were a\n(2) If a person included as a party (the fourth party) by a third party by\nnotice (the fourth-party notice) files a notice of intention to respond\nor defence—\n(a) this part as applied by this rule has effect in relation to the fourth\nparty and any other further person included (as fifth-party and\nso on successively); and\n\nRule 322\n(b) a reference in these rules to a third party includes a reference to\nthe fourth party and any other further person included (as fifth-\nparty and so on successively); and\n(c) a reference in these rules to a third-party notice includes a\nreference to the fourth-party notice and the notice including any\nother further person (a fifth-party notice and so on successively).\n\nRule 400\n","sortOrder":137},{"sectionNumber":"400","sectionType":"section","heading":"Application—pt 2.6","content":"400 Application—pt 2.6\n(1) This part applies to—\n(a) a proceeding started by originating claim or third-party notice;\nand\n(b) a counterclaim made in a proceeding started by originating\nclaim or third-party notice.\nNote 2 Third-party notice includes a fourth-party notice, fifth-party notice etc\n(see r 322 (2) (c)).\n(2) However, despite rule 39 (3) (Proceeding incorrectly started by\noriginating application), this part applies to a proceeding started by\nan originating application only if the court orders the plaintiff to file\nand serve a statement of claim.\n","sortOrder":138},{"sectionNumber":"405","sectionType":"section","heading":"Pleadings—formal requirements","content":"405 Pleadings—formal requirements\n(1) Each pleading must be in writing.\n(2) If a pleading alleges or otherwise deals with several matters—\n(a) the pleading must be divided into paragraphs; and\n(b) each matter must, as far as convenient, be put in a separate\nparagraph; and\n(c) the paragraphs must be numbered consecutively.\n\nRule 406\n(3) If a plaintiff seeks relief in relation to 2 or more distinct claims based\non different grounds, they must be stated, as far as possible,\nseparately.\n(4) If a defendant relies on 2 or more distinct grounds of defence, set-off\nor counterclaim based on different facts, they must be stated, as far as\npossible, separately.\n(5) If a pleading is settled by counsel, it must state—\n(a) that it was settled by counsel; and\n(b) counsel’s name.\nNote Div 6.3.1 (General provisions about documents for filing) contains\nprovisions about formal requirements for documents (including\npleadings) to be filed, see esp r 6103 (1) (Documents—layout etc) and\nr 6106 ((Documents—signing).\n","sortOrder":139},{"sectionNumber":"406","sectionType":"section","heading":"Pleadings—statements in","content":"406 Pleadings—statements in\n(1) Each pleading must—\n(a) be as brief as the nature of the case allows; and\n(b) contain a statement in a summary form of the material facts on\nwhich the party relies but not the evidence by which the facts\nare to be proved; and\n(c) state specifically any matter that if not stated specifically may\ntake another party by surprise; and\n(d) subject to rule 419 (Pleadings—other relief), state specifically\nany relief the party claims; and\n(e) if a claim or defence under a statute is relied on—identify the\nspecific provision of the statute.\n(2) A party may raise a point of law in a pleading if the party also pleads\nthe material facts in support of the point.\n\nRule 407\n","sortOrder":140},{"sectionNumber":"407","sectionType":"section","heading":"Pleadings—matters to be specifically pleaded","content":"407 Pleadings—matters to be specifically pleaded\n(1) Without limiting rule 406, the following matters must be specifically\npleaded:\n(a) an accident the cause of which is unknown and undiscoverable;\n(b) breach of contract or trust;\n(c) breach of statutory duty;\nNote See r 432 (Pleadings—negligence and breach of statutory duty).\n(d) damages of every kind claimed, including, for example, special\nand exemplary damages;\nNote See also r 417 (Pleadings—kind of damages etc).\n(e) duress;\n(f) estoppel;\n(g) extinction of right or title;\n(h) fraud or illegality;\n(i) interest (including the rate of interest and method of calculation)\nclaimed;\n(j) malice or ill will;\n(k) misrepresentation;\n(l) motive, intention or other condition of mind, including\nknowledge or notice;\n(m) negligence or contributory negligence;\nNote See r 432 (Pleadings—negligence and breach of statutory duty).\n(n) payment;\n(o) performance or part performance;\n(p) release;\n\nRule 408\n(q) statute of limitations;\n(r) a statute requiring that contracts be in, or evidenced by, writing\n(for example, statute of frauds);\n(s) undue influence;\n(t) voluntary assumption of risk;\n(u) waiver;\n(v) want of capacity, including disorder or disability of mind;\n(w) that a testator did not know and approve of the contents of a will;\n(x) that a will was not properly made;\n(y) wilful default;\n(z) anything else required by a practice note to be specifically\npleaded.\n(2) Also, any fact from which any of the matters mentioned in subrule (1)\nis claimed to be an inference must be specifically pleaded.\n(3) In a defence or pleading after a defence, a party must specifically\nplead any matter that—\n(a) the party alleges makes a claim or defence of the opposite party\nnot maintainable; or\n(b) shows a transaction is void or voidable; or\n(c) raises an issue of fact not arising out of a previous pleading.\n","sortOrder":141},{"sectionNumber":"408","sectionType":"section","heading":"Pleadings—money claims short form","content":"408 Pleadings—money claims short form\n(1) This rule applies if the plaintiff claims an amount payable by the\ndefendant to the plaintiff for any of the following:\n(a) goods sold and delivered by the plaintiff to the defendant;\n(b) goods bargained and sold by the plaintiff to the defendant;\n\nRule 408\n(c) work done or materials provided by the plaintiff for the\ndefendant at the defendant’s request;\n(d) money lent by the plaintiff to the defendant;\n(e) money paid by the plaintiff for the defendant at the defendant’s\nrequest;\n(f) money had and received by the defendant for the plaintiff’s use;\n(g) interest on money owing by the defendant to the plaintiff;\n(h) interest for forbearance by the plaintiff at the defendant’s\nrequest on money owing by the defendant to the plaintiff;\n(i) money found to be owing by the defendant to the plaintiff on\naccounts stated between them.\n(2) The plaintiff may plead the facts using the form of words set out in\nthe relevant paragraph of subrule (1).\n(3) The defendant may file a notice requiring the plaintiff to plead the\nfacts on which the plaintiff relies in accordance with the provisions\nof this part other than this rule (the facts in full).\n(4) The defendant must file any notice under subrule (3) within the time\nlimited by these rules for the defendant to file a defence.\nNote Rule 102 provides that, in a proceeding started by an originating claim, a\ndefendant must file a defence not later than the later of the following:\n(a) 28 days after the day the claim is served on the defendant;\n(b) if the defendant makes an unsuccessful application under r 40 to\nhave the claim set aside—7 days after the day the application is\nrefused.\nHowever, if, before the defendant files a defence, an application for\nsummary judgment under r 1146 is served on the defendant, but the court\ndoes not on the application dispose of all the claims for relief against the\ndefendant, the court may set a time within which the defendant must file\na defence.\n\nRule 409\n(5) If the defendant files a notice under subrule (3), the defendant must\nserve a stamped copy of the notice on the plaintiff at the plaintiff’s\naddress for service on the day it is filed.\n(6) If the defendant files a notice under subrule (3)—\n(a) the plaintiff must, not later than 28 days after the day the notice\nis served on the plaintiff—\n(i) file an amended statement of claim pleading the facts in\nfull; and\n(ii) include in the amended statement of claim a note to the\neffect that the statement has been amended in response to\nthe notice; and\n(b) if the defendant has not already filed a defence—the time for\nfiling the defence is extended until 14 days after the day a\nstamped copy of the plaintiff’s amended statement of claim is\nserved on the defendant.\n(7) The plaintiff is not prevented from amending the statement of claim\nunder rule 505 (Amendment—of pleadings before close of pleadings)\nonly because the plaintiff has amended the statement of claim under\n","sortOrder":142},{"sectionNumber":"409","sectionType":"section","heading":"Pleadings—certain facts need not be pleaded","content":"409 Pleadings—certain facts need not be pleaded\n(1) A party need not plead a fact if—\n(a) the law presumes the fact in the party’s favour; or\n(b) the burden of proving the fact does not lie with the party.\n(2) This rule does not apply if it is necessary to plead the fact—\n(a) to comply with rule 406 (Pleadings—statements in); or\n(b) to meet a specific denial of the fact pleaded by another party.\n\nRule 410\n","sortOrder":143},{"sectionNumber":"410","sectionType":"section","heading":"Pleadings—technical objections","content":"410 Pleadings—technical objections\nA technical objection must not be raised to any pleading on the\nground of want of form.\n","sortOrder":144},{"sectionNumber":"411","sectionType":"section","heading":"Pleadings—references to spoken words and documents","content":"411 Pleadings—references to spoken words and documents\n(1) This rule applies if spoken words or a document is referred to in a\npleading.\n(2) The effect of the spoken words or document must be stated as far as\nmaterial.\n(3) The precise terms of the spoken words or document need not be\nstated, except as far as the terms are themselves material.\n","sortOrder":145},{"sectionNumber":"412","sectionType":"section","heading":"Pleadings—conditions precedent","content":"412 Pleadings—conditions precedent\n(1) An allegation of the performance or happening of a condition\nprecedent necessary for a party’s case is implied in the party’s\npleadings.\n(2) A party who denies the performance or happening of a condition\nprecedent must specifically plead the denial.\nExamples of conditions precedent\n1 a thing has been done\n2 an event has happened\n3 a state of affairs exists, or has existed at some time or times\n4 the party is ready and willing, or was at all relevant times ready and willing,\nto perform an obligation\n","sortOrder":146},{"sectionNumber":"413","sectionType":"section","heading":"Pleadings—matters arising after start of proceeding","content":"413 Pleadings—matters arising after start of proceeding\n(1) A party to a proceeding may plead a matter that arose after the\nproceeding started.\n(2) A party to a proceeding may plead facts giving rise to a cause of\naction that arose after the proceeding started only—\n(a) if it is not unjust to any other party; and\n\nRule 414\n(b) with the court’s leave.\nNote 1 See r 502 (3) (Amendment—of documents) about including a cause of\naction arising after a proceeding is started.\nNote 2 See also r 104 (Ground of defence arising after defence filed etc), r 467\n(Counterclaim—defence arising after answer) and r 481 (3) (Pleadings—\nafter reply).\nNote 3 Pt 6.2 (Applications in proceedings) applies to an application for leave.\n","sortOrder":147},{"sectionNumber":"414","sectionType":"section","heading":"Pleadings—inconsistent allegations etc","content":"414 Pleadings—inconsistent allegations etc\n(1) A party may make inconsistent allegations or claims in a pleading\nonly if they are pleaded as alternatives.\n(2) However, a party must not make an allegation or new claim that is\ninconsistent with an allegation or claim made in another pleading of\nthe party without amending the pleading.\nNote Pt 2.7 (Amendment) deals with amendment of pleadings.\n","sortOrder":148},{"sectionNumber":"415","sectionType":"section","heading":"Pleadings—notice pleaded as a fact","content":"415 Pleadings—notice pleaded as a fact\n(a) notice to someone of something is to be stated in a pleading; and\n(b) the form or the precise terms of the notice, or the circumstances\nfrom which the notice is to be inferred, are not material.\n(2) The pleading may state the notice as a fact.\n","sortOrder":149},{"sectionNumber":"416","sectionType":"section","heading":"Pleadings—implied contracts or relations","content":"416 Pleadings—implied contracts or relations\n(1) This rule applies if a contract or any relation between people is to be\nimplied from letters or conversations or from a number of\ncircumstances.\n(2) The pleading may state the contract or relation as a fact.\n(3) The pleading may refer to the letters, conversations or circumstances\nas briefly as possible without setting out all or part of them.\n\nRule 417\n","sortOrder":150},{"sectionNumber":"417","sectionType":"section","heading":"Pleadings—kind of damages etc","content":"417 Pleadings—kind of damages etc\n(1) If damages are claimed in a pleading, the pleading must state—\n(a) each kind of damages claimed; and\n(b) for any damages that are not general damages—the amount of\nthe damages claimed that is known to the party.\n(2) Without limiting rule 407 (1) (d) (Pleadings—matters to be\nspecifically pleaded), a party claiming general damages must include\nthe following particulars in the party’s pleading:\n(a) the nature of the loss or damage suffered;\n(b) the exact circumstances in which the loss or damage was\nsuffered.\n(3) If practicable, the party must also plead each kind of general damages\nand state the nature of the damages claimed for each kind.\n","sortOrder":151},{"sectionNumber":"418","sectionType":"section","heading":"Pleadings—amount of unliquidated damages","content":"418 Pleadings—amount of unliquidated damages\n(1) A pleading must not claim an amount for unliquidated damages.\n(2) However, a pleading in a proceeding in the Magistrates Court may\nclaim an amount for unliquidated damages if—\n(a) the claim is for the recovery of 1 or more of the following if it is\nor they were a consequence of damage alleged to have happened\nbecause of the defendant’s negligence:\n(i) the cost of repairing a motor vehicle;\n(ii) a motor vehicle’s value, less any salvage value;\n(iii) the cost of towing a motor vehicle; or\n\nPleadings—general Division 2.6.3\nRule 419\n(b) the claim is for the recovery of 1 or both of the following if it is\nor they were a consequence of damage alleged to have happened\nbecause of the defendant’s negligence in driving, riding or\ncontrolling a motor vehicle:\n(i) the cost of repairing property;\n(ii) property’s value, less any salvage value.\nproperty does not include a motor vehicle.\n","sortOrder":152},{"sectionNumber":"419","sectionType":"section","heading":"Pleadings—other relief","content":"419 Pleadings—other relief\nThe court may grant relief other than that stated in the pleadings\nwhether or not other relief is expressly claimed in the pleadings.\n","sortOrder":153},{"sectionNumber":"425","sectionType":"section","heading":"Pleadings—striking out","content":"425 Pleadings—striking out\n(1) The court may, at any stage of a proceeding, order that a pleading or\npart of a pleading be struck out if the pleading—\n(a) discloses no reasonable cause of action or defence appropriate\nto the nature of the pleading; or\n(b) may tend to prejudice, embarrass or delay the fair trial of the\n(c) is frivolous, scandalous, unnecessary or vexatious; or\n(d) is otherwise an abuse of the process of the court.\nNote 1 The registrar may also reject a document that is filed if it does not comply\nwith these rules (see r 6140 (Rejecting documents—noncompliance with\nrules etc) or if it is an abuse of the court’s process or is frivolous or\nvexatious (see r 6142 (Rejecting documents—abuse of process etc)).\n\nRule 426\nNote 3 Rule 6901 (Orders may be made on conditions) provides that the court\n(2) The court may receive evidence on the hearing of an application for\n(3) If the court makes an order under this rule, it may also make any other\norder it considers appropriate, including, for example—\n(a) if the court makes an order under subrule (1) (a)—an order\nstaying or dismissing the proceeding or entering judgment; and\n(b) an order about the future conduct of the proceeding.\n","sortOrder":154},{"sectionNumber":"426","sectionType":"section","heading":"Pleadings—trial without","content":"426 Pleadings—trial without\n(1) This rule applies if, in a proceeding, the court considers that—\n(a) the issues between the parties can be defined without pleadings\nor further pleadings; or\n(b) for any other reason the proceeding may properly be tried\nwithout pleadings or further pleadings.\n(2) The court may order that the proceeding be tried without pleadings or\nfurther pleadings.\n(3) If the court makes an order under subrule (2), it may order the parties\nto prepare a statement of facts and issues involved in the proceeding\nor, if the parties do not agree on a statement, may settle a statement\nitself.\n\nParticulars Division 2.6.4\nRule 430\n","sortOrder":155},{"sectionNumber":"430","sectionType":"section","heading":"Pleadings—all necessary particulars must be included","content":"430 Pleadings—all necessary particulars must be included\n(1) A party must include in a pleading particulars necessary to—\n(a) define the issues for, and prevent surprise at, the trial; and\n(b) enable the opposite party to identify the case that the pleading\nrequires the opposite party to meet; and\n(c) support a matter specifically pleaded under rule 407\n(Pleadings—matters to be specifically pleaded).\n(2) This rule does not require a party to include in a pleading particulars\nof any claim for interest up to judgment other than those required by\nrule 51 (2) (Originating claim—additional matters for claims for debt\nand liquidated demands) or rule 304 (2) (Third-party notice—\nadditional matters for claims for debt and liquidated demands).\n","sortOrder":156},{"sectionNumber":"431","sectionType":"section","heading":"Pleadings—use of ‘Scott schedule’","content":"431 Pleadings—use of ‘Scott schedule’\n(1) This rule applies to a proceeding involving a building, technical or\nother matter in which a number of items of a claim are in dispute in\nrelation to liability, amount or both.\n(2) The party making the claim—\n(a) may prepare and file a ‘Scott schedule’; and\n(b) if the court orders—must prepare and file a ‘Scott schedule’.\nNote 1 See approved form 2.14 (Scott schedule) AF2006-259.\n\nRule 432\n(3) A party on whom a Scott schedule is served must complete and file\nthe schedule.\nNote A ‘Scott schedule’ is a document that contains a summary of the parties’\nclaims and defences. The summary is set out in columns so that it is easy\nto see the issues on which the parties agree and those on which they do\nnot agree.\n","sortOrder":157},{"sectionNumber":"432","sectionType":"section","heading":"Pleadings—negligence and breach of statutory duty","content":"432 Pleadings—negligence and breach of statutory duty\n(1) If a party pleads negligence (whether contributory or otherwise) or\nbreach of statutory duty, the particulars must state the facts and\ncircumstances of the negligent act or omission or breach of statutory\nduty.\n(2) Also, if the party alleges 2 or more negligent acts or omissions or\nbreaches of statutory duty, the particulars must, as far as practicable,\nstate separately the facts and circumstances of each negligent act or\nomission or breach of statutory duty.\n","sortOrder":158},{"sectionNumber":"433","sectionType":"section","heading":"Pleadings—how particulars must be given","content":"433 Pleadings—how particulars must be given\n(1) The particulars to be given by a pleading must be stated in the\npleading or, if that is inconvenient, in a separate document mentioned\nin, and filed and served with, the pleading.\n(2) Further particulars may be given by correspondence.\n(3) A party giving further particulars must file a copy of the particulars.\n","sortOrder":159},{"sectionNumber":"434","sectionType":"section","heading":"Pleadings—application for better particulars","content":"434 Pleadings—application for better particulars\n(1) A party may apply to the court for an order for better particulars of\nthe opposite party’s pleading.\n\nAnswering pleadings Division 2.6.5\nRule 435\n(2) The court may make any order under this rule it considers appropriate,\nincluding, for example, an order about the future conduct of the\n(3) Unless the court otherwise orders, the making of an application under\nthis rule does not extend the time for pleading.\n(4) Particulars required under an order under this rule must repeat the\nrelevant part of the order so the particulars are self-explanatory.\n","sortOrder":160},{"sectionNumber":"435","sectionType":"section","heading":"Pleadings—failure to comply with better particulars order","content":"435 Pleadings—failure to comply with better particulars order\nIf a party does not comply with an order made under rule 434\n(Pleadings—application for better particulars), the court may make\nthe order, including give the judgment, it considers appropriate.\nNote to div 2.6.5\nFor rules about when a defence must be filed etc, see r 102 (Notice of intention to\nrespond and defence—filing and service). For an answer to a counterclaim, see\nr 466 (Counterclaim—answer to).\n","sortOrder":161},{"sectionNumber":"440","sectionType":"section","heading":"Pleadings—answering","content":"440 Pleadings—answering\n(1) In response to a pleading, a party may plead a denial, non-admission\nor admission.\n(2) A plea of non-admission operates as a denial.\n\nRule 441\n","sortOrder":162},{"sectionNumber":"441","sectionType":"section","heading":"Pleadings—denials and non-admissions","content":"441 Pleadings—denials and non-admissions\n(1) It is not enough for a party to deny generally the grounds alleged in a\npleading.\n(2) Instead, a party must deal specifically with each allegation of fact.\n(3) However, a pleading in response to a pleading that alleges damage or\ndamages is taken not to admit the allegation unless it specifically\nadmits the allegation.\n(4) A party in a pleading must not deny an allegation of fact in the\nprevious pleading of an opposite party in an evasive way.\n(5) Instead, a party must answer the point of substance.\nA plaintiff alleges that a defendant received an amount of money. It is not enough\nfor the defendant to deny that the defendant received that amount. Instead, the\ndefendant must deny that the defendant received that amount or any part of it, or\nset out how much the defendant received.\n(6) If an allegation is made with various circumstances, it is not enough\nto deny it along with the circumstances.\n","sortOrder":163},{"sectionNumber":"442","sectionType":"section","heading":"Pleadings—defence to debt and liquidated demand","content":"442 Pleadings—defence to debt and liquidated demand\n(1) In a defence to a claim for debt or a liquidated demand, it is not\nenough for the defendant simply to deny the debt.\n(2) Instead, the defendant must deny the matters of fact from which the\ndefendant’s liability is alleged to arise that are disputed.\n","sortOrder":164},{"sectionNumber":"443","sectionType":"section","heading":"Pleadings—defence to personal injury claims","content":"443 Pleadings—defence to personal injury claims\n(1) This rule applies to a defence to an originating claim that includes a\nclaim for damages for personal injury.\n(2) The defendant must, in the defence, specifically admit or deny every\nmaterial allegation of fact in the originating claim and statement of\nclaim, including any allegation by way of particulars.\n\nAnswering pleadings Division 2.6.5\nRule 444\n(3) The allegation is taken to be admitted if the defendant does not\ncomply with subrule (2) in relation to it.\n(4) A statement in the defence that the defendant does not know and\ntherefore cannot admit a fact alleged in the originating claim or\nstatement is taken to be a denial.\n(5) If the defendant wishes to prove a version of facts different from that\nalleged in the originating claim or statement of claim, the defendant\nmust plead that version in the defence.\n(6) The defendant must plead every ground of defence to be relied on,\ntogether with the facts necessary to establish each ground.\n","sortOrder":165},{"sectionNumber":"444","sectionType":"section","heading":"Pleadings—defence to proceeding on bill of exchange etc","content":"444 Pleadings—defence to proceeding on bill of exchange etc\n(1) This rule applies to a proceeding on a bill of exchange, cheque or\npromissory note.\n(2) The defendant must deny some matter of fact in a defence in denial.\nthe drawing, making, endorsing, accepting, presenting, or notice of dishonour of\nthe bill, cheque or note\n","sortOrder":166},{"sectionNumber":"445","sectionType":"section","heading":"Pleadings—denial of representative capacity or","content":"445 Pleadings—denial of representative capacity or\npartnership constitution\n(1) This rule applies if a party wants to deny—\n(a) another party’s right to claim as a representative (including a\npersonal representative or trustee) of someone else; or\n(b) the alleged constitution of a partnership.\n(2) The party must deny it specifically.\n\nRule 446\n","sortOrder":167},{"sectionNumber":"446","sectionType":"section","heading":"Pleadings—denial of contract","content":"446 Pleadings—denial of contract\n(1) This rule applies if a contract is alleged by a party in a pleading.\n(2) A bare denial of the contract by the opposite party is taken only as a\ndenial in fact of the express contract alleged or of the matters of fact\nfrom which the contract may be implied by law, and not as a denial\nof the legality or sufficiency in law of the contract.\ncontract includes promise and agreement.\n","sortOrder":168},{"sectionNumber":"447","sectionType":"section","heading":"Pleadings—allegations admitted unless denied etc","content":"447 Pleadings—allegations admitted unless denied etc\n(1) An allegation of fact made by a party in a pleading is taken to be\nadmitted by any opposite party required to plead in response unless,\neither expressly or by necessary implication—\n(a) it is denied in the pleading of the opposite party; or\n(b) it is stated to be not admitted in the pleading of the opposite\n(c) a joinder of issue under rule 482 (Pleadings—joinder of issue)\noperates as a denial of the allegation.\nNote Rule 441 (3) (Pleadings—denials and non-admissions) provides that a\npleading in response to a pleading that alleges damage or damages is\ntaken to deny the allegation unless it specifically admits the allegation.\n(2) However, there is no admission under subrule (1) because of a failure\nto plead by a party who is, or was at the time of the failure to plead, a\nperson with a legal disability.\n\nSpecial defences Division 2.6.6\nRule 448\n","sortOrder":169},{"sectionNumber":"448","sectionType":"section","heading":"Pleadings—unreasonable denials and non-admissions","content":"448 Pleadings—unreasonable denials and non-admissions\nIf the court considers that an allegation of fact denied or not admitted\nshould have been admitted, it may order the party who denied or did\nnot admit the allegation to pay the additional costs caused by the\ndenial or non-admission.\n","sortOrder":170},{"sectionNumber":"449","sectionType":"section","heading":"Pleadings—confession of defence","content":"449 Pleadings—confession of defence\n(1) If a defendant alleges a defence that arose after the proceeding was\nstarted, the plaintiff may file and serve a confession of defence.\nNote See approved form 2.15 (Confession of defence) AF2006-260.\n(2) On filing and serving a confession of defence, the plaintiff may obtain\na judgment for costs to be assessed up to the day the defence was\nserved on the plaintiff, unless the court otherwise orders.\ndefendant includes a defendant to a counterclaim.\nDivision 2.6.6 Special defences\n","sortOrder":171},{"sectionNumber":"455","sectionType":"section","heading":"Pleadings—defence of tender","content":"455 Pleadings—defence of tender\nA defendant cannot plead a defence of tender before the proceeding\nwas started unless the defendant has paid the amount tendered into\ncourt or filed a bond or other security approved by the registrar for\nthe payment of the amount.\n","sortOrder":172},{"sectionNumber":"456","sectionType":"section","heading":"Pleadings—defence of set-off","content":"456 Pleadings—defence of set-off\n(1) A defendant may rely on set-off (whether or not of an ascertained\namount) as a defence to all or part of a claim made by the plaintiff,\nwhether or not it is also included as a counterclaim.\n\nRule 460\n(2) If the amount of a set-off is more than the amount of the claim against\nwhich it is set off, then, whether or not the set-off is pleaded as a\ncounterclaim—\n(a) the set-off may be treated as a counterclaim; and\n(b) the court may give judgment for the amount of the difference or\ngive the defendant other relief to which it considers the\ndefendant is entitled.\nExamples of other relief\ninjunction, or stay, if within the court’s jurisdiction\n(3) Despite subrules (1) and (2)—\n(a) if the court considers that dealing with a set-off in a proceeding\nwould unfairly prejudice a party, embarrass or delay the hearing\nof the proceeding or be otherwise inconvenient, it may, by order,\nset aside a defence or counterclaim in the proceeding by way of\nset-off and may order that the set-off be dealt with in a separate\nhearing; or\n(b) if the court considers a set-off should not be allowed, it may, by\norder, set aside a defence or counterclaim by way of set-off.\n","sortOrder":173},{"sectionNumber":"460","sectionType":"section","heading":"Counterclaim—cause of action arising after start of","content":"460 Counterclaim—cause of action arising after start of\nA counterclaim may be made in relation to a cause of action that arose\nafter the proceeding started.\n\nRule 461\n","sortOrder":174},{"sectionNumber":"461","sectionType":"section","heading":"Counterclaim—against plaintiff","content":"461 Counterclaim—against plaintiff\n(1) In a proceeding, a defendant may make a counterclaim against a\nplaintiff, instead of bringing a separate proceeding.\nNote See r 464 (Counterclaim—pleading) and approved form 2.9 (Defence and\ncounterclaim) AF2015-28.\n(2) The defendant must state specifically that the defendant is making a\n(3) For the Magistrates Court, the amount claimed by the counterclaim\nmust not be more than the maximum amount for which the court has\njurisdiction.\nNote 1 The Magistrates Court Act 1930, pt 4.2 (Civil jurisdiction) deals with the\ncivil jurisdiction of the Magistrates Court under that Act. See also r 463\n(Counterclaim—abandonment of excess in Magistrates Court).\nNote 2 See r 219 (Counterclaim or set-off when co-plaintiff wrongly included).\n","sortOrder":175},{"sectionNumber":"462","sectionType":"section","heading":"Counterclaim—against additional party","content":"462 Counterclaim—against additional party\n(1) A defendant to a proceeding may make a counterclaim against a\nperson other than a plaintiff (whether or not the person is already a\nparty to the proceeding) if—\n(a) the plaintiff is also made a party to the counterclaim; and\n(i) the defendant alleges that the other person is liable with the\nplaintiff for the subject matter of the counterclaim; or\n(ii) the defendant claims against the other person relief relating\nto or connected with the original subject matter of the\nNote See r 464 (Counterclaim—pleading) and approved form 2.9 (Defence and\ncounterclaim) AF2015-28.\n\nRule 462\n(2) If a defendant to a proceeding counterclaims against a person who is\nnot a party to the original proceeding, the defendant must—\n(a) make the counterclaim; and\n(b) serve the following on the person within the time allowed for\nservice on a plaintiff:\n(i) the defence (including the counterclaim);\n(ii) a sealed copy of any directions about filing and serving the\ndefence (including the counterclaim);\n(iii) a copy of a sealed copy of any other relevant order made in\nrelation to the proceeding;\n(iv) a copy of a sealed copy of the originating claim and its\nstatement of claim;\n(v) a copy of a stamped copy of all other pleadings filed in the\n(vi) a copy of a stamped copy of all applications in the\nproceeding not finally disposed of;\n(vii) a copy of all affidavits filed in the proceeding, other than\naffidavits that are not relevant to the issues arising on the\ncounterclaim;\n(viii) a copy of all other documents that have been served by the\nplaintiff on the defendant, or by the defendant on the\nplaintiff, and are intended to be relied on;\n(ix) a copy of all amendments of any document mentioned in\nsubparagraphs (iv) to (viii) or details of the amendments.\n(3) A person not a party to the original proceeding who is included as a\ndefendant to a counterclaim becomes a party to the proceeding on\nbeing served with the defence (including the counterclaim).\n\nRule 463\n(4) If a defendant makes a counterclaim against a person not a party to\nthe original proceeding, the relevant provisions (see subrule (5))\napply, with necessary changes, as if—\n(a) the counterclaim were a proceeding started by originating claim;\nand\n(b) the party making the counterclaim were a plaintiff; and\n(c) each party against whom the counterclaim is made were a\n(5) In subrule (4):\nrelevant provisions means the following provisions:\n• part 2.2 (Starting civil proceedings)\n• part 2.3 (Notice of intention to respond and defence)\n• division 2.11.2 (Default by plaintiff)\n• division 2.11.3 (Default by defendant)\n• division 2.11.4 (Default by defendant—partial defence)\n• division 2.11.5 (Summary judgment).\n","sortOrder":176},{"sectionNumber":"463","sectionType":"section","heading":"Counterclaim—abandonment of excess in Magistrates","content":"463 Counterclaim—abandonment of excess in Magistrates\n(1) This rule applies to a defendant in a proceeding in the Magistrates\nCourt if the defendant has a cause of action against a plaintiff for an\namount that is more than the maximum amount for which the court\nhas jurisdiction (the maximum amount).\n(2) The defendant may make a counterclaim in relation to the cause of\naction if the defendant abandons the amount over the maximum\namount in the counterclaim.\n(3) In the counterclaim proceeding—\n(a) the defendant may not recover an amount that is more than the\nmaximum amount; and\n\nRule 464\n(b) final judgment in the proceeding operates in full discharge of all\nclaims in relation to the cause of action.\n","sortOrder":177},{"sectionNumber":"464","sectionType":"section","heading":"Counterclaim—pleading","content":"464 Counterclaim—pleading\nA counterclaim must be included in the same document as the\n","sortOrder":178},{"sectionNumber":"465","sectionType":"section","heading":"Counterclaim—plaintiff may rely on previous pleadings","content":"465 Counterclaim—plaintiff may rely on previous pleadings\nA plaintiff to a counterclaim may, in the counterclaim, plead all or\nany of the facts on which the plaintiff relies by referring to the\nprevious pleadings in the proceeding in which the counterclaim is\n","sortOrder":179},{"sectionNumber":"466","sectionType":"section","heading":"Counterclaim—answer to","content":"466 Counterclaim—answer to\n(1) A defendant to a counterclaim may plead to the counterclaim by filing\nand serving an answer to the counterclaim.\nNote See approved form 2.16 (Answer to counterclaim) AF2015-29.\n(2) If a plaintiff in a proceeding is the defendant to a counterclaim and is\nfiling and serving a reply, any answer to the counterclaim must be\nincluded in the reply.\n(3) Any answer to a counterclaim must be filed and served not later\nthan—\n(a) 14 days after the day the counterclaim is served; or\n(b) if the defendant to the counterclaim is not a party to the original\nproceeding—28 days after the day the counterclaim is served.\n","sortOrder":180},{"sectionNumber":"467","sectionType":"section","heading":"Counterclaim—defence arising after answer","content":"467 Counterclaim—defence arising after answer\n(1) This rule applies if a ground of defence to a counterclaim arises\n(a) the defendant to the counterclaim files an answer to the\ncounterclaim; or\n\nRule 468\n(b) the time limited by rule 466 (Counterclaim—answer to) for the\ndefendant to the counterclaim to file an answer to the\ncounterclaim ends.\n(2) The defendant to the counterclaim may file a further answer to the\ncounterclaim not later than 7 days after the day the ground of defence\narises or at a later time with the court’s leave.\n(3) The registrar must seal the further answer to the counterclaim and any\nfiled copies of the further answer.\nNote The registrar may reject a further answer to a counterclaim that is filed\n(see r 6140 (Rejecting documents—noncompliance with rules etc).\n(4) The defendant to the counterclaim must serve a sealed copy of the\nfurther answer to the counterclaim on the plaintiff to the counterclaim\nat the plaintiff’s address for service on the day it is filed.\nNote Rule 449 (Pleadings—confession of defence) applies to a defendant to a\n","sortOrder":181},{"sectionNumber":"468","sectionType":"section","heading":"Counterclaim—effect of no answer","content":"468 Counterclaim—effect of no answer\nIf no answer to a counterclaim is filed and served, the facts stated in\nthe counterclaim are taken to have been admitted.\n","sortOrder":182},{"sectionNumber":"469","sectionType":"section","heading":"Counterclaim—response to answer","content":"469 Counterclaim—response to answer\n(1) A plaintiff to a counterclaim may file a response to an answer to the\nNote See approved form 2.17 (Response to answer to counterclaim)\nAF2006-262.\n(2) It is not necessary for a party to file a response only for the purpose\nof denying the allegations in the answer to the counterclaim (that is,\nto join issue on the answer).\n\nRule 470\n(3) The response must be filed not later than 14 days after the day the\nanswer to the counterclaim is served on the plaintiff to the\n(4) The plaintiff to the counterclaim must serve a sealed copy of the\nresponse on the defendant to the counterclaim at the defendant’s\naddress for service on the day it is filed.\n","sortOrder":183},{"sectionNumber":"470","sectionType":"section","heading":"Counterclaim—conduct and pleading","content":"470 Counterclaim—conduct and pleading\n(1) These rules apply, with necessary changes, to the conduct and\npleading of a counterclaim as if—\n(a) the plaintiff on the counterclaim were the plaintiff in an original\n(b) the defendant to the counterclaim were the defendant to the\noriginal proceeding; and\n(c) the counterclaim were an originating process.\n(2) However, if a party against whom a counterclaim is made has filed\nand served a notice of intention to respond or defence in accordance\nwith part 2.3 (Notice of intention to respond and defence), the party\nis not required to file and serve a notice of intention to respond in\nrelation to the counterclaim.\n(3) Subject to rule 471 (Counterclaim—order for separate hearing), a\ncounterclaim must be heard at the hearing of the plaintiff’s claim.\n","sortOrder":184},{"sectionNumber":"471","sectionType":"section","heading":"Counterclaim—order for separate hearing","content":"471 Counterclaim—order for separate hearing\n(1) The court may, at any time, order that a counterclaim be heard\nseparately from the hearing for the proceeding in which the\ncounterclaim is made if it considers that hearing them together\nwould—\n(a) unfairly prejudice a party; or\n\nRule 472\n(b) embarrass or delay the hearing of the proceeding; or\n(c) be otherwise inconvenient.\n(2) The court may order that a counterclaim be heard separately—\n(a) on application by a party before the party files and serves an\nanswer to the counterclaim; or\n(3) The court may make the orders it considers appropriate about the\nconduct of the separate hearing.\n","sortOrder":185},{"sectionNumber":"472","sectionType":"section","heading":"Counterclaim—after judgment etc in original proceeding","content":"472 Counterclaim—after judgment etc in original proceeding\nA counterclaim may proceed after judgment is given in the original\nproceeding or after the original proceeding is stayed, dismissed or\ndiscontinued.\n","sortOrder":186},{"sectionNumber":"473","sectionType":"section","heading":"Counterclaim—judgment for balance","content":"473 Counterclaim—judgment for balance\nIf a defendant establishes a counterclaim against the plaintiff and\nthere is a balance in favour of 1 of the parties, the court may give\njudgment for the balance.\n","sortOrder":187},{"sectionNumber":"474","sectionType":"section","heading":"Counterclaim—stay of claim","content":"474 Counterclaim—stay of claim\nIf the defendant does not plead a defence but makes a counterclaim,\nthe court may stay the enforcement of a judgment given against the\ndefendant until the counterclaim is decided.\nNote Pt 6.2 (Applications in proceedings) applies to an application for a stay.\n\nRule 480\n","sortOrder":188},{"sectionNumber":"480","sectionType":"section","heading":"Pleadings—reply to defence","content":"480 Pleadings—reply to defence\n(1) A plaintiff may file a reply to a defence.\nNote See approved form 2.18 (Reply to defence) AF2006-263.\n(2) It is not necessary for a party to file a reply only for the purpose of\ndenying the allegations in the defence (that is, to join issue on the\ndefence).\n(3) The reply must be filed not later than 14 days after the day the defence\nis served on the plaintiff.\n(4) The registrar must seal the reply and any filed copies of the reply.\n(5) The plaintiff must serve a sealed copy of the reply on the defendant\nat the defendant’s address for service on the day it is filed.\nNote 1 Rule 469 deals with the response to an answer to a counterclaim.\nNote 2 Address for service is defined in the dictionary.\n","sortOrder":189},{"sectionNumber":"481","sectionType":"section","heading":"Pleadings—after reply","content":"481 Pleadings—after reply\n(1) A party to a proceeding must not file a pleading after a reply (the\nfurther pleading) without the court’s leave.\n(2) A party may apply for leave to file the further pleading not later than\n14 days after the day the party is served with the pleading to which\nthe further pleading responds.\n(3) However, if a ground of defence to a set-off arises after a plaintiff\nfiles a reply, or the time limited by rule 480 (Pleadings—reply to\ndefence) for a plaintiff to file a reply ends, the plaintiff may file a\nfurther reply not later than 7 days after the day the ground of defence\narises or at a later time with the court’s leave.\n\nProgress of pleading Division 2.6.8\nRule 482\n(4) The registrar must seal the further reply and any filed copies of the\nfurther reply.\nNote The registrar may reject a further defence that is filed (see r 6140\n(Rejecting documents—noncompliance with rules etc).\n(5) The plaintiff must serve a sealed copy of the further reply on each\nactive party at the party’s address for service on the day it is filed.\n","sortOrder":190},{"sectionNumber":"482","sectionType":"section","heading":"Pleadings—joinder of issue","content":"482 Pleadings—joinder of issue\n(1) A pleading may expressly join issue on a previous pleading.\nan express denial\n(2) An express joinder of issue on a pleading operates as a denial of every\nallegation of fact made in the pleading other than an allegation that is\nexpressly admitted.\n(3) If there is no reply by a plaintiff to a defence, there is an implied\njoinder of issue on the defence.\n(4) If there is no answer by the opposite party to a reply or subsequent\npleading, there is an implied joinder of issue on the reply or\nsubsequent pleading.\n(5) An implied joinder of issue on a pleading operates as a denial of every\nallegation of fact made in the pleading.\n","sortOrder":191},{"sectionNumber":"483","sectionType":"section","heading":"Pleadings—close","content":"483 Pleadings—close\n(1) The pleadings in a proceeding close—\n(a) if a pleading is served after the defence, or answer to a\ncounterclaim—on service of the pleading; or\n(b) in any other case—7 days after the day the defence, or answer\nto a counterclaim, is served.\n\nRule 490\n(2) If a third-party notice, or subsequent notice, is served in a proceeding,\nthe pleadings in the proceeding on that notice close—\n(a) if a pleading is served after the defence, or answer to a\ncounterclaim, to the notice—on service of the pleading; or\n(b) in any other case—7 days after the day the defence, or answer\nto a counterclaim, to the notice is served.\n","sortOrder":192},{"sectionNumber":"490","sectionType":"section","heading":"Admissions—voluntary admission","content":"490 Admissions—voluntary admission\n(1) A party to a proceeding may, in a pleading or notice served on another\nparty, admit, in favour of the other party, the facts stated in the\npleading or notice.\n(2) An admission made under subrule (1) has effect only for the\n","sortOrder":193},{"sectionNumber":"491","sectionType":"section","heading":"Admissions—notice to admit facts or documents","content":"491 Admissions—notice to admit facts or documents\n(1) A party to a proceeding (the first party) may, by notice served on\nanother party, ask the other party to admit, for the proceeding only,\nthe facts or documents stated in the notice.\n• approved form 2.19 (Notice to admit facts) AF2006-264\n• approved form 2.20 (Notice to admit authenticity of documents)\nAF2006-265.\n\nAdmissions Division 2.6.9\nRule 492\n(2) The other party is taken to admit, for the proceeding only, each of the\nfacts, or the authenticity of each of the documents, stated in the notice\nif, at the end of 14 days after the day the notice is served on the party,\nthe party has not served a notice on the first party disputing the fact\nor authenticity of the document.\n• approved form 2.21 (Notice disputing facts) AF2006-266\n• approved form 2.22 (Notice disputing authenticity of documents)\nAF2006-267.\n(3) If the other party serves a notice under subrule (2) disputing a fact or\nauthenticity of a document and afterwards the fact or authenticity of\nthe document is proved in the proceeding, the party must pay the costs\nof the proof, unless the court otherwise orders.\n","sortOrder":194},{"sectionNumber":"492","sectionType":"section","heading":"Admissions—withdrawal","content":"492 Admissions—withdrawal\n(1) A party may withdraw an admission made under rule 490\n(Admissions—voluntary admission) or taken to have been made\nunder rule 491 (2) (Admissions—notice to admit facts or documents)\nonly with the court’s leave.\n(2) The court may order the withdrawal of the admission.\n\nRule 493\n","sortOrder":195},{"sectionNumber":"493","sectionType":"section","heading":"Admissions—orders on","content":"493 Admissions—orders on\n(1) If an admission is made by a party, whether in a pleading or\notherwise, after the start of the proceeding, the court may, on another\nparty’s application, make an order to which the party applying is\nentitled on the admission.\n(2) The court may give judgment or make another order even though\nother issues in the proceeding have not been decided.\n(3) If an application under this rule is made by a plaintiff, the court may,\ninstead of assessing damages, enter judgment for the plaintiff against\nthe defendant for damages to be assessed.\n\nRule 500\n","sortOrder":196},{"sectionNumber":"500","sectionType":"section","heading":"Application—pt 2.7","content":"500 Application—pt 2.7\nThis part applies in relation to documents (other than affidavits) that\nhave been filed in a proceeding.\nNote See r 6107 (Documents—alterations) about alterations to documents\nbefore filing.\n","sortOrder":197},{"sectionNumber":"501","sectionType":"section","heading":"Amendment—when must be made","content":"501 Amendment—when must be made\nAll necessary amendments of a document must be made for the\npurpose of—\n(a) deciding the real issues in the proceeding; or\n(b) correcting any defect or error in the proceeding; or\n(c) avoiding multiple proceedings.\n","sortOrder":198},{"sectionNumber":"502","sectionType":"section","heading":"Amendment—of documents","content":"502 Amendment—of documents\n(1) At any stage of a proceeding, the court may give leave for a party to\namend, or direct a party to amend, an originating process, anything\nwritten on an originating process, a pleading, an application or any\nother document filed in the court in a proceeding in the way it\n(2) The court may give leave, or give a direction, on application by the\na direction under this rule.\n\nRule 503\n(3) The court may give leave to make an amendment even if the effect of\nthe amendment would be to include a cause of action arising after the\nproceeding was started.\n(4) If there is a mistake in the name or identity of a party, the court must\ngive leave for, or direct the making of, amendments necessary to\ncorrect the mistake, even if the effect of the amendments is to\nsubstitute another person as a party.\n(5) This rule does not apply in relation to an amendment of an order.\nNote See r 6906 (Mistakes in orders or court certificates) for amendment of\n(6) This rule is subject to rule 503 (Amendment—after limitation period).\n","sortOrder":199},{"sectionNumber":"503","sectionType":"section","heading":"Amendment—after limitation period","content":"503 Amendment—after limitation period\n(1) This rule applies in relation to an application for leave in a proceeding\nto make an amendment mentioned in this rule if a relevant period of\nlimitation, current at the date the proceeding was started, has ended.\n(2) The court may give leave to make an amendment correcting a mistake\nin the name or identity of a party, even if the effect of the amendment\nis to substitute a new party, only if—\n(b) the court is satisfied that the mistake sought to be corrected—\n(i) was a genuine mistake; and\n(ii) was not misleading or likely to cause any reasonable doubt\nabout the identity of the person intending to sue or intended\nto be sued.\n\nRule 504\n(3) The court may give leave to make an amendment changing the\ncapacity in which a party sues, whether as plaintiff or counter-\nclaiming defendant, only if—\n(b) the changed capacity in which the party would then sue is a\ncapacity in which the party might have sued on the day the\nproceeding was started by the party.\n(4) The court may give leave to make an amendment to include a new\ncause of action only if—\n(b) the new cause of action arises out of the same facts or\nsubstantially the same facts as a cause of action for which relief\nhas already been claimed in the proceeding by the party applying\nfor leave to make the amendment.\n","sortOrder":200},{"sectionNumber":"504","sectionType":"section","heading":"Amendment—of originating process","content":"504 Amendment—of originating process\n(1) An originating process may be amended only with the court’s leave.\nNote 2 The registrar may make an order amending the originating process if the\nparties affected by the order consent to it and the registrar considers it\nappropriate (see r 1611 (Orders—by consent)).\n(2) This rule does not apply to a pleading or particular included in an\n","sortOrder":201},{"sectionNumber":"505","sectionType":"section","heading":"Amendment—of pleadings before close of pleadings","content":"505 Amendment—of pleadings before close of pleadings\n(1) A party may, without the court’s leave, amend the party’s\npleadings—\n(a) once before the close of pleadings; and\n\nRule 506\n(b) as often as necessary before the close of pleadings, with the\nagreement of all other parties to the proceeding.\n(2) This rule does not apply to an amendment for which the court’s leave\nis required.\n","sortOrder":202},{"sectionNumber":"506","sectionType":"section","heading":"Amendment—of pleadings disallowed","content":"506 Amendment—of pleadings disallowed\n(1) If a party makes an amendment without the court’s leave before the\nclose of pleadings, another party may, not later than 14 days after the\nday the amendment is served on the party, apply to the court to\ndisallow all or part of the amendment.\n(2) On the application, the court may make any order it considers\n(3) However, the court must disallow all or part of the amendment if\nsatisfied that, had an application for leave to make the amendment or\npart been made, it would not have given leave to make the amendment\nor part.\n","sortOrder":203},{"sectionNumber":"507","sectionType":"section","heading":"Amendment—of pleadings after close of pleadings","content":"507 Amendment—of pleadings after close of pleadings\nA party may amend the party’s pleadings after the close of pleadings\nonly with the court’s leave.\nNote 2 The registrar may make an order amending a pleading if the parties\naffected by the order consent to it and the registrar considers it\nappropriate (see r 1611 (Orders—by consent)).\n\nRule 508\n","sortOrder":204},{"sectionNumber":"508","sectionType":"section","heading":"Amendment—when leave to amend ceases to have effect","content":"508 Amendment—when leave to amend ceases to have effect\nAn order giving a party leave to amend a document ceases to have\neffect if the party has not amended the document in accordance with\nthe order—\n(a) at the end of the time stated in the order for making the\namendment; or\n(b) if no time is stated in the order—at the end of 14 days after the\nday the order was made.\n","sortOrder":205},{"sectionNumber":"509","sectionType":"section","heading":"Amendment—procedure","content":"509 Amendment—procedure\n(1) An amendment of a document made under this part must be\ndistinguished so that the changes are identifiable.\n(2) A party amending a document must file—\nit; and\n(b) a notice stating the following:\n(i) the date of the amendment;\n(A) if the amendment was made with the court’s leave—\na statement to that effect and the date leave was given;\nor\n(B) if the amendment was made without the court’s\nleave—the number of the rule under which it was\n(3) The notice must be on or attached to the copy of the document\nmentioned in subrule (2) (a).\nNote The copy of the document and notice must be served on each other active\nparty (see r 511).\n\nRule 510\n(4) However, if an amendment on a copy of the document is inconvenient\nor makes the document difficult to read, the party making the\namendment must file—\n(a) a revised document incorporating and distinguishing the\namendments; and\n(b) a notice stating the matters mentioned in subrule (2) (b) (i) and\n(ii).\n(5) The notice must be on or attached to the revised document mentioned\nin subrule (4) (a).\nNote The copy of the document and notice must be served on each other active\nparty (see r 511).\n(6) Subject to rule 241 (Included or substituted defendant—filing and\nservice of amended originating process), if an originating process is\namended and the amendment is made on a copy of the originating\nprocess, the registrar must stamp the court’s seal on the revised\noriginating process near the amendment.\n(7) If a revised originating process is filed under subrule (4), the registrar\nmust seal the revised originating process.\n(8) The court may direct how an amendment of a document is to be made.\ndirection under this subrule.\n","sortOrder":206},{"sectionNumber":"510","sectionType":"section","heading":"Amendment—person required to make","content":"510 Amendment—person required to make\nIf the court orders an amendment be made to a document, it may order\na party, the registrar or other appropriate person to make the\namendment.\n\nRule 511\n","sortOrder":207},{"sectionNumber":"511","sectionType":"section","heading":"Amendment—service of amended or revised document","content":"511 Amendment—service of amended or revised document\netc\nIf a document has been served and is later amended, the party making\nthe amendment must serve on each other active party—\n(a) if the amendment is made on the document under rule 509 (2)—\na copy of the document as amended and the notice mentioned in\nrule 509 (2) (b); or\n(b) if a revised document is filed under rule 509 (4)—a copy of the\nrevised document and the notice mentioned in rule 509 (4) (b).\n","sortOrder":208},{"sectionNumber":"512","sectionType":"section","heading":"Amendment—pleading to","content":"512 Amendment—pleading to\n(1) If a party amends a pleading, an opposite party may plead to the\namended pleading or amend the opposite party’s own pleading.\n(2) The pleading or amendment must be served not later than the later of\nthe following:\n(a) the end of the time the opposite party then has to plead;\n(b) 14 days after the day the amendment is served on the opposite\n(3) If an opposite party has pleaded before being served with the\namendment and does not plead again within the time allowed under\nsubrule (2), the opposite party is taken to rely on the original pleading\nas an answer to the amended pleading.\n","sortOrder":209},{"sectionNumber":"513","sectionType":"section","heading":"Amendment—costs","content":"513 Amendment—costs\n(1) This rule applies to the following costs:\n(a) costs of an amendment under this part;\n\nRule 514\n(b) costs thrown away because of the amendment.\n(2) Unless the court otherwise orders, the costs are payable by the party\nmaking the amendment.\n","sortOrder":210},{"sectionNumber":"514","sectionType":"section","heading":"Amendment—taking effect","content":"514 Amendment—taking effect\n(1) If a document is amended under this part, the amendment takes effect\non and from the date of the document.\n(2) However, an amendment including or substituting a cause of action\narising after the proceeding started takes effect on the day the order\ngiving leave was made.\n(3) Despite subrule (2), if an amendment mentioned in that rule is made,\nthen, for a limitation period, the proceeding as amended is taken to\nhave started when the original proceeding started.\n(4) This rule applies unless the court otherwise orders.\n\nInterpretation—pt 2.8 Division 2.8.1\nRule 600\n","sortOrder":211},{"sectionNumber":"600","sectionType":"section","heading":"Definitions—pt 2.8","content":"600 Definitions—pt 2.8\ndiscoverable document means a document that is discoverable under\nrule 605 (Discoverable documents).\ndocument—see the Evidence Act, dictionary, part 1 and part 2,\nsection 8.\nNote Document is defined in the Legislation Act, dict, pt 1 as any record of\nsymbols or anything else having a meaning for people qualified to\nThe Evidence Act, dict, pt 2, s 8 extends the meaning of document as\nfollows:\n‘A reference in this Act to a document includes a reference to the\n(a) any part of the document;\n(b) any copy, reproduction or duplicate of the document or of any part\nof the document;\n(c) any part of the copy, reproduction or duplicate.’.\n\nRule 601\ngovernment means—\n(a) the Commonwealth, a State or Territory; or\n(b) a Minister, department or agency of the Commonwealth, a State\nor Territory; or\n(c) the government of a foreign country.\nlist of documents means a list of documents under rule 608 (List of\ndiscoverable and privileged documents etc).\nprivileged from production—see rule 601.\nrespondent, in relation to a notice for non-party production, means\nthe person to whom the notice is directed.\n","sortOrder":212},{"sectionNumber":"601","sectionType":"section","heading":"Meaning of privileged from production—pt 2.8","content":"601 Meaning of privileged from production—pt 2.8\nFor this part, a document is privileged from production only if—\n(a) it is a document of which evidence could not be adduced, or\ncould not be adduced over the objection of a person, because of\nthe Evidence Act, part 3.10 (Privileges), other than section 128\nor section 130; or\nNote Section 128 deals with privilege against self-incrimination\nand s 130 deals with exclusion of evidence of matters of state.\n(b) the party who would otherwise give discovery is an individual\nand the contents of the document may tend to prove that the\n(i) has committed an offence against or arising under an\nAustralian law, or a law of a foreign country, within the\nmeaning of the Evidence Act; or\n(ii) is liable to a civil penalty within the meaning of the\nEvidence Act; or\n\nRule 605\n(c) it is a document of which evidence could not be adduced, or\ncould not be adduced over the objection of a person, because of\nthe Evidence Act, section 130, unless the court decides that the\ndocument has stopped being privileged from production.\nNote 1 The Evidence Act, dict, pt 2, s 9 deals with the meaning of\nreferences to laws, and dict, pt 1 defines Australian law.\nNote 2 The Evidence Act, dict, pt 2, s 3 provides that a person is taken to\nbe liable to a civil penalty if, in an Australian or overseas\nproceeding (other than a criminal proceeding), the person would be\nliable to a penalty arising under an Australian law or a law of a\nforeign country.\n","sortOrder":213},{"sectionNumber":"605","sectionType":"section","heading":"Discoverable documents","content":"605 Discoverable documents\n(1) A document that is, or has at any time been, in the possession of a\nparty to a proceeding is discoverable by the party if it—\n(a) relates, directly or indirectly, to a matter in issue in the\n(b) is mentioned, expressly or by necessary implication, in a\npleading or notice filed in the proceeding.\n(2) However, a document is not discoverable by a party if it—\n(a) is filed in court in the proceeding; or\n(b) relates only to 1 or more items of special damage, unless another\nparty to the proceeding asks for the document to be discovered;\nor\n(c) is mentioned in a pleading or notice filed in the proceeding by\nanother party, unless it is discoverable on another ground; or\n(d) is a written communication in relation to the proceeding\nbetween a solicitor for the party requiring disclosure and a\nsolicitor for the disclosing party; or\n\nRule 605\n(e) is the party’s brief to the party’s counsel; or\n(f) is an advice to the party from the party’s counsel.\n(3) Also, a document is not discoverable by a party to a proceeding if the\ndocument is—\n(a) a written confidential communication in relation to the\nproceeding, created after the commencement of the proceeding,\nbetween—\n(i) the party and a legal practitioner for the party; or\n(ii) 2 or more legal practitioners for the party; or\n(b) a note of an oral confidential communication in relation to the\nproceeding, created after the commencement of the proceeding\n(made in person or by telephone) between—\n(i) the party and a legal practitioner for the party; or\n(ii) 2 or more legal practitioners for the party.\n(4) This rule applies unless the court otherwise orders.\n(5) For this rule, a matter is in issue until it is—\n(a) admitted or taken to be admitted; or\n(b) withdrawn, struck out or otherwise disposed of.\nconfidential communication—see the Evidence Act, section 117.\nconfidential document—see the Evidence Act, section 117.\n\nRule 606\n","sortOrder":214},{"sectionNumber":"606","sectionType":"section","heading":"Orders about disclosure","content":"606 Orders about disclosure\n(1) The court may make the following orders:\n(a) an order that limits a party’s duty of disclosure;\n(b) an order for a party to disclose discoverable documents;\n(c) if the court considers that a party has not, or may not have,\nadequately disclosed discoverable documents—an order for a\nparty to make further disclosure;\n(d) an order for the lists of documents of the parties, or the list of\ndocuments of a party, to be served in a stated electronic form;\n(e) an order for disclosure of discoverable documents by the parties,\nor a party, to be made in stages or in a stated way;\n(f) an order for disclosure, or nondisclosure, by a party of any\ndiscoverable document in the party’s possession;\n(g) any other order about disclosure, or nondisclosure, of documents\nthat the court considers appropriate.\nExample for par (e) and par (g)\nThe court may make an order permitting disclosure by bundle.\n(2) The court may make an order under subrule (1) on the application of\na party or on its own initiative.\n(3) Before making an order under subrule (1), the court must have regard\n(a) the principle that disclosure of documents in a proceeding\nshould be limited to disclosure that is reasonably necessary for\nfairly disposing of the proceeding, or part of the proceeding, or\nfor saving costs;\n\nRule 607\nproceeding, of the documents, or particular documents, that may\nbe discovered;\n(c) the likely time, cost and inconvenience of disclosing documents\nor particular documents.\n(5) The court may inspect any document in a party’s possession to decide\nwhether it ought to be disclosed by the party.\n(6) An affidavit must not be used for an application for an order under\nthis rule unless the court otherwise orders.\n","sortOrder":215},{"sectionNumber":"607","sectionType":"section","heading":"Notice to disclose discoverable documents","content":"607 Notice to disclose discoverable documents\n(1) A party to a proceeding may serve on another party a notice requiring\nthe other party to disclose discoverable documents for the proceeding.\nNote For disclosure in relation to third parties, see r 315 (Third parties—\ndisclosure).\n(2) Unless the court gives leave, the party must not serve a notice—\n(a) before the close of pleadings; or\n(b) after the matter is listed for hearing.\n(3) The party who is served with the notice must—\n(a) file the following documents not later than 28 days after the day\nthe party receives the notice:\n(i) the party’s list of documents;\n(ii) an affidavit verifying the list;\n\nRule 608\n(iii) if the party is represented by a solicitor—the solicitor’s\ncertificate of advice in relation to the list; and\nNote 1 Rule 608 (List of discoverable and privileged documents etc) sets out\nrequirements for the list, affidavit and certificate.\n(b) serve a copy of each of the documents on each other active party.\n","sortOrder":216},{"sectionNumber":"608","sectionType":"section","heading":"List of discoverable and privileged documents etc","content":"608 List of discoverable and privileged documents etc\n(1) A party’s list of documents must—\n(a) set out, in a convenient order—\n(i) each document discoverable by the party; and\n(ii) each document discoverable by the party that the party\nclaims to be privileged from production; and\n(b) describe clearly and briefly—\n(i) each document set out in the list; and\n(ii) if the party claims the document is privileged from\nproduction—the nature of the claim for privilege; and\n(c) for each document not in the party’s possession, state—\n(i) when and how it stopped being in the party’s possession;\nand\n(ii) to the best of the party’s knowledge, information and\nbelief, who now has possession of the document or, failing\nthat, what has become of the document.\nNote See approved form 2.23 (List of documents) AF2006-268.\n(2) For subrule (1), if any documents come within a group of documents\nof the same kind, the list of documents must deal with the documents\nas a group.\n\nRule 608\n(3) The affidavit verifying the party’s list of documents must state that\nthe person making the affidavit—\n(a) has made reasonable inquiries about the party’s discoverable\ndocuments; and\n(b) believes that there are no discoverable documents, other than\nthose mentioned in the list of documents in accordance with\nsubrule (1) (a) (i), that are, or have been, in the party’s\npossession; and\n(c) believes that the documents mentioned in the list of documents\n(other than the documents mentioned in subrule (1) (c)) are in\nthe party’s possession; and\n(d) believes that the documents mentioned in subrule (1) (c) are in\nthe possession of the people (if any) respectively stated in the\nlist of documents in accordance with subrule (1) (c) (ii); and\n(e) for any document mentioned in subrule (1) (c) for which no\nperson is stated—has no belief about who has possession of the\nNote See approved form 2.24 (Affidavit verifying list of documents)\nAF2006-269.\n(4) The certificate of advice by the party’s solicitor in relation to the\nparty’s list of documents must state that the solicitor—\n(a) has advised the party of the party’s obligations in relation to—\n(i) a notice requiring the party to disclose discoverable\ndocuments for the proceeding; or\n(ii) an order for the party to disclose discoverable documents;\nand\n\nRule 609\n(b) is not aware of any discoverable documents, other than those\nmentioned in the list of documents in accordance with\nsubrule (1) (a) (i), that are, or have been, in the party’s\npossession.\nNote See approved form 2.25 (Solicitor's certificate of advice in relation to list\nof documents) AF2006-270.\n","sortOrder":217},{"sectionNumber":"609","sectionType":"section","heading":"Claim for privilege—challenge etc","content":"609 Claim for privilege—challenge etc\n(a) a party claims in the party’s list of documents that a document\nis privileged from production; and\n(b) another party challenges the claim by letter given to the party\nmaking the claim.\n(2) The party making the claim must file and serve on the other party an\naffidavit stating the claim not later than 7 days after the day the party\nmaking the claim receives the letter from the other party challenging\nthe claim.\n(3) The affidavit must be made by an individual who knows the facts\ngiving rise to the claim.\n(4) On application by the party making the claim or a party challenging\nthe claim, the court may decide a dispute about whether a document\nis privileged.\nNote 1 For privilege, see the Evidence Act, pt 3.10.\nunder this rule in relation to a dispute.\n\nRule 610\n","sortOrder":218},{"sectionNumber":"610","sectionType":"section","heading":"Claim for privilege—waiver","content":"610 Claim for privilege—waiver\nA claim for privilege from production for a document mentioned in a\nlist of documents served by a party is taken to be waived by the party\nif—\n(a) the list of documents does not comply with rule 608 (1) (a) (ii)\nand (1) (b) (List of discoverable and privileged documents etc)\nin relation to the document; or\n(b) the party does not comply with rule 609 (2) (Claim for\nprivilege—challenge etc) in relation to the document.\n","sortOrder":219},{"sectionNumber":"611","sectionType":"section","heading":"Continuing disclosure","content":"611 Continuing disclosure\n(1) This rule applies to a discoverable document if, after disclosing\ndocuments under this part—\n(a) a party to a proceeding becomes aware that the document was\nwrongly omitted from the party’s list of documents; or\n(b) the document comes into the party’s possession.\n(2) However, this rule does not apply to a note of oral communications\n(whether made in person or by telephone) in relation to the\nproceeding between a solicitor for a party and a solicitor for another\nparty to the proceeding.\n(3) The party must disclose the document to each party to whom the party\nhas been required to give discovery—\n(a) not later than 7 days after the day the party—\n(i) becomes aware of the omission; or\n(ii) receives possession of the document; or\n(b) if the hearing of the proceeding is to start within the 7-day\nperiod, or has started—immediately.\n(4) However, this rule does not require the party to disclose a document\nif, apart from this rule, the party is not required to disclose it.\n\nProduction and inspection Division 2.8.3\nRule 620\n","sortOrder":220},{"sectionNumber":"620","sectionType":"section","heading":"Production of documents for inspection","content":"620 Production of documents for inspection\n(1) This rule applies if a party to a proceeding (the inspecting party) gives\nnotice to another party (the producing party) to produce for\ninspection a document mentioned in—\n(a) the producing party’s list of documents; or\n(b) any originating process, pleading, particular or affidavit filed by\nthe producing party in the proceeding.\n(2) The producing party must, in accordance with this rule, produce the\ndocument for inspection by the inspecting party.\n(3) However, the producing party does not have to produce—\n(a) a document not required to be disclosed under this part; or\n(b) a document for which the producing party has, in the party’s list\nof documents, claimed privilege from production; or\n(c) a document not required by the inspecting party to be produced;\nor\n(d) a document not in the producing party’s possession; or\n(e) a document relating only to a claim in the proceeding that does\nnot affect the producing party.\n(4) Production of documents by the producing party must take place on\nthe day, and at the time and place, stated by the producing party in a\nnotice given to the inspecting party, unless the producing party and\nthe inspecting party agree on alternative arrangements.\n(5) The notice must—\n(a) be given by the producing party to the inspecting party not later\nthan 7 days after the day the producing party is given the notice\nunder subrule (1); and\n\nRule 621\n(b) state—\n(i) a day that is a business day and is not earlier than 7 days,\nnor later than 21 days, after the day the notice under\nsubsection (4) is given to the inspecting party; and\n(ii) a time between 9 am and 3 pm; and\n(c) state as the place for production—\n(i) the address for service of the producing party; or\n(ii) if it is not practicable to produce the documents at that\naddress—some other reasonable place in the ACT.\n(6) The inspecting party may copy a document produced for inspection\nand make notes of, or take extracts from, it.\n(7) If the producing party makes a copy of a document for, and at the\nrequest of, the inspecting party, the producing party is entitled to\npayment for the copy under schedule 4 (Scale of costs).\n(8) If the producing party discloses a document to the inspecting party\nafter inspection by the inspecting party, the producing party must\nallow the inspecting party to inspect the document as soon as\npracticable, either at the place where the inspection took place or\nanother place agreed by the parties.\n(9) However, subrule (8) does not require the producing party to produce\na document if, apart from the subrule, the party is not required to\nproduce it.\n","sortOrder":221},{"sectionNumber":"621","sectionType":"section","heading":"Orders about production of documents for inspection","content":"621 Orders about production of documents for inspection\n(1) This rule applies to the production of documents by a party to a\nproceeding for inspection by another party to the proceeding.\n\nProduction and inspection Division 2.8.3\nRule 621\n(2) The court may do any of the following:\n(a) make an order for production of documents by 1 or more parties\nto be made in stages or in a stated way;\n(b) inspect a document to decide whether it ought to be produced;\n(c) make an order about whether a document has to be produced by\na party (either generally, at a particular time or to a particular\nparty);\n(d) make an order for a document stored on a computer to be\nproduced in a stated way or form;\n(e) make any other order about production of documents that it\n(3) Before making an order under subrule (2), the court must have regard\n(a) the principle that production of documents in a proceeding\nshould be limited to production that is reasonable and necessary\nfor fairly disposing of the proceeding, or part of the proceeding,\nor for saving costs;\nproceeding, of the documents, or particular documents, that may\nbe produced;\n(c) the likely time, cost and inconvenience of producing documents\nor particular documents.\n\nRule 622\n","sortOrder":222},{"sectionNumber":"622","sectionType":"section","heading":"Effect of inspection of documents disclosed by another","content":"622 Effect of inspection of documents disclosed by another\nparty\n(1) A party who inspects a document (the inspecting party) that was\ndisclosed by another party (the producing party) is taken to admit—\n(a) if the document is described in the list of documents as an\noriginal document—that the document is an original document\nand was printed, written or signed as it purports to have been;\nand\n(b) if the document is described in the list of documents as a copy—\nthat the document is a true copy; and\n(c) if the document is described in the list of documents as a copy\nof a document that was served—that the original was served as\ndescribed.\n(2) However, subrule (1) does not apply if—\n(a) the document is not admissible in evidence; or\n(b) the inspecting party has in the party’s pleadings denied its\nauthenticity or that the original was served as described; or\n(c) the inspecting party serves on the producing party, not later than\n14 days after the day the inspecting party inspected the\ndocument, a notice stating that the inspecting party disputes its\nauthenticity or that the original was served as described; or\n(d) the court orders that it does not apply.\n","sortOrder":223},{"sectionNumber":"623","sectionType":"section","heading":"Production of documents at hearing of proceeding","content":"623 Production of documents at hearing of proceeding\nA document disclosed under this part must be produced at the hearing\nof the proceeding if—\n(a) notice to produce it has been given with reasonable particularity\nto a party by another party to the proceeding; and\n(b) its production is asked for by the other party at the hearing.\n\nRule 630\n","sortOrder":224},{"sectionNumber":"630","sectionType":"section","heading":"Order for party to answer interrogatories","content":"630 Order for party to answer interrogatories\n(1) The court may, on application by a party to a proceeding, make an\norder that another party to the proceeding give written answers to\n(2) An application under subrule (1) must be accompanied by a\nsupporting affidavit that annexes or exhibits the proposed\n(3) If the proposed interrogatories are to be answered by 2 or more\npeople, the proposed interrogatories must contain a note stating which\nof the proposed interrogatories each person is required to answer.\n(4) Before making an order under subrule (1), the court must have regard\nto the matters mentioned in rule 632 (3).\n(5) Subrule (4) does not limit the matters to which the court may have\n(6) If a party to a proceeding is ordered to answer interrogatories under\nsubrule (1), the party must serve a stamped copy of any affidavit\nprepared in accordance with rule 635 on the party who made the\napplication under subrule (1).\n","sortOrder":225},{"sectionNumber":"631","sectionType":"section","heading":"Objections to answer interrogatories","content":"631 Objections to answer interrogatories\n(1) An objection by a party to answer an interrogatory must be on 1 or\nmore of the following grounds:\n(a) the interrogatory is unnecessary;\n(b) the interrogatory is oppressive, scandalous, vexatious or\notherwise improper;\n(c) the interrogatory is unnecessarily long, wordy or uncertain;\n\nRule 632\n(d) the interrogatory is irrelevant, is of a ‘fishing’ nature or inquires\ninto a matter of evidence;\n(e) the party is privileged under the Evidence Act, part 3.10\n(Privileges) from answering the interrogatory;\n(f) the answer would disclose (completely or partly) the contents of\na document privileged from production by the party;\n(g) it is contrary to the public interest to disclose a matter that the\nanswer would disclose;\n(h) a ground arising under a provision of a territory law or a law of\nthe Commonwealth, if the ground, the law and the provision are\nstated in the objection.\n(2) An objection to answer on the ground that the interrogatory is\nunnecessary operates as an objection that the interrogatory is not\nreasonable and necessary for fairly disposing of the proceeding, or\npart of the proceeding, or for saving costs.\n","sortOrder":226},{"sectionNumber":"632","sectionType":"section","heading":"Orders about interrogatories","content":"632 Orders about interrogatories\n(1) The court may—\n(a) set aside interrogatories, or any interrogatory, on a ground\nmentioned in rule 631 (1); or\n(b) on a ground mentioned in rule 631 (1), set aside, order to be\nremoved from the court file, or order to be removed from the\ncourt file and destroyed, any answers to interrogatories that have\nbeen filed; or\n(c) order a party to answer, or to give a further answer to, an\ninterrogatory that the party has—\n(i) failed to answer (sufficiently or at all); or\n(ii) made an objection to answering that the court disallows; or\n\nRule 632\n(d) make any other order about the service or answering of\ninterrogatories (including an order about costs) that it considers\n(2) The court may make an order under this rule on the application of a\n(3) Before making an order under subrule (1), the court must have regard\n(a) the principle that interrogatories in a proceeding should be\nlimited to interrogatories that are reasonable and necessary for\nfairly disposing of the proceeding, or part of the proceeding, or\nfor saving costs;\nproceeding, of interrogatories, or particular interrogatories, and\nthe answers;\n(c) the likely time, cost and inconvenience of answering\ninterrogatories or particular interrogatories.\n(5) An order under subrule (1) (c) may include, for a party who has failed\nto answer an interrogatory (sufficiently or at all), an order for the oral\nexamination of—\n(a) if the party is an entity mentioned in rule 640 (1) (Answers by\ngovernments, corporations etc)—a person, or the holder of a\nposition, stated by the court; or\n(b) in any other case—the party.\n\nRule 633\n(6) The questions asked, and answers given, on an examination under\nsubrule (5)—\n(a) must be taken down in writing and certified by an officer of the\n(b) as certified, are taken for this division to be interrogatories and\nanswers to interrogatories.\n(7) An affidavit must not be used for an application for an order under\nthis rule unless the court otherwise orders.\n","sortOrder":227},{"sectionNumber":"633","sectionType":"section","heading":"Answers to interrogatories","content":"633 Answers to interrogatories\n(1) A party who is ordered to answer interrogatories must answer an\ninterrogatory that the party is required to answer under this division—\n(a) from the party’s own knowledge of the fact or matter raised by\nthe interrogatory; or\n(b) if the party does not have the knowledge—from any belief the\nparty has about the fact or matter.\n(2) This rule and rule 634 apply, with necessary changes, to a party that\nis a government, corporation or unincorporated body as if—\n(a) a reference to the party were a reference to the person who\nanswers the interrogatories on behalf of the government,\ncorporation or body; and\n(b) a reference to an employee or agent of the party were a reference\nto an employee or agent of the government, corporation or body.\nNote Rule 640 (Answers by governments, corporations etc) sets out who may\nswear an affidavit verifying answers to interrogatories.\n\nRule 634\n","sortOrder":228},{"sectionNumber":"634","sectionType":"section","heading":"Answers to interrogatories—belief","content":"634 Answers to interrogatories—belief\n(1) This rule applies if a party mentioned in rule 633 does not have\nknowledge of the fact or matter raised by an interrogatory and must\nanswer the interrogatory from any belief the party has about the fact\nor matter.\n(2) The party is taken not to have a belief about the fact or matter if the\n(a) does not have information relating to the fact or matter on which\nto form a belief; or\n(b) has the information, but the party has reasonable grounds for not\nbelieving that the information is true.\n(3) The party must answer from any belief the party has about the fact or\nmatter irrespective of the source of the information on which the\nbelief is formed.\n(4) However, the party is not required to answer from the party’s belief\nabout the fact or matter if the belief is formed on information that was\ngiven to the party in a communication or document that is privileged\nunder the Evidence Act, part 3.10 (Privileges).\n(5) To help the party form a belief about the fact or matter, the party must\nmake all reasonable inquiries to find out—\n(a) whether a person who is or has been the party’s employee or\nagent has knowledge of the fact or matter that was acquired by\nthe person as the party’s employee or agent; and\n(b) if a person has the knowledge—what the knowledge is.\n(6) To remove any doubt, the party must make the inquiries mentioned\nin subrule (5) even if at the time the party is required to answer the\ninterrogatory a person having the relevant knowledge has stopped\nbeing the party’s employee or agent.\n\nDivision 2.8.5 Who may verify list of documents or answers to interrogatories?\nRule 635\n","sortOrder":229},{"sectionNumber":"635","sectionType":"section","heading":"Answers to interrogatories to be verified","content":"635 Answers to interrogatories to be verified\nA party’s answers to interrogatories must be verified by an affidavit.\nNote See approved form 2.26 (Affidavit verifying answers to interrogatories)\nAF2006-271.\n","sortOrder":230},{"sectionNumber":"636","sectionType":"section","heading":"Tendering of answers to interrogatories in evidence","content":"636 Tendering of answers to interrogatories in evidence\n(1) If a party to a proceeding gives answers to interrogatories in\naccordance with an order of the court (the responding party), another\nparty to the proceeding may tender the answers, or some of the\nanswers, in evidence against the responding party on the hearing of\n(2) However, the court must not allow an answer to be tendered in\nevidence without another answer if it considers that, in the interests\nof justice, the other answer should also be tendered in evidence.\n(3) For subrule (2), the court may inspect all of the answers to the\n(4) Subrule (1) does not make an answer admissible in evidence if, apart\nfrom the subrule, it is not admissible in evidence.\nDivision 2.8.5 Who may verify list of documents or\nanswers to interrogatories?\n","sortOrder":231},{"sectionNumber":"640","sectionType":"section","heading":"Answers by governments, corporations etc","content":"640 Answers by governments, corporations etc\n(1) This rule applies if any of the following is a party who has to verify a\nlist of documents, or answer interrogatories:\n(a) a government;\n(b) a corporation;\n(c) the holder of a position (including, for example, the sheriff);\n(d) an unincorporated body;\n\nWho may verify list of documents or answers to interrogatories? Division 2.8.5\nRule 641\n(e) a person represented by a litigation guardian.\n(2) The affidavit verifying the party’s list of documents, or answers to the\ninterrogatories, must be sworn as follows:\n(a) for a government—by a Minister, or an authorised officer,\nemployee or agent, of the government;\n(b) for a corporation—by a director, the secretary, or an authorised\nofficer or employee, of the corporation;\n(c) for the holder of a position—by the holder of the position or an\nauthorised officer, employee or agent of the position holder;\n(d) for an unincorporated body—by the members, or 1 or more\nauthorised members, or an authorised employee or agent, of the\nbody;\n(e) for a person represented by a litigation guardian—by the\nlitigation guardian.\n(3) However, the court may make an order for a party’s list of documents\nor answers to interrogatories to be verified by the affidavit of a person\nnot mentioned in subrule (2).\n","sortOrder":232},{"sectionNumber":"641","sectionType":"section","heading":"Party cannot swear affidavit personally","content":"641 Party cannot swear affidavit personally\nIf the court is satisfied that a party cannot, for adequate reason, swear\nan affidavit verifying the party’s list of documents or answers to\ninterrogatories, it may authorise a suitable person to swear the\nauthorisation under this rule.\n\nRule 650\n","sortOrder":233},{"sectionNumber":"650","sectionType":"section","heading":"Discovery to identify potential defendant","content":"650 Discovery to identify potential defendant\n(a) a person (the applicant) has, or is likely to have, a cause of\naction against someone (the potential defendant); and\n(i) the applicant wants to start a proceeding in the court\nagainst the potential defendant for the cause of action; or\n(ii) the following provisions apply:\n(A) the applicant is a party to a proceeding in the court;\n(B) the potential defendant is not a party to the\n(C) the applicant wants to make a claim for relief in the\nproceeding against the potential defendant for the\ncause of action;\n(D) the claim for relief could properly have been made in\nthe proceeding against the potential defendant if the\npotential defendant were a party; and\n(c) the applicant, after making reasonable inquiries, cannot\nascertain the identity or whereabouts of the potential defendant\nsufficiently to start the proceeding, or make the claim for relief,\nagainst the potential defendant; and\n(d) someone else (the other person) may have information, or may\nhave or have had possession of a document or thing, that tends\nto assist in ascertaining the identity or whereabouts of the\npotential defendant.\nNote The road transport authority cannot be required to comply with a\npreliminary discovery order in certain circumstances (see Road\nTransport (General) Act 1999, s 236).\n\nPreliminary discovery Division 2.8.6\nRule 650\n(2) If subrule (1) (b) (i) applies, the applicant may apply to the court by\noriginating application for an order under this rule (and, if relevant,\nan order under rule 715 (Inspection, detention, custody and\npreservation of property—orders etc)) against the other person.\n(3) If subrule (1) (b) (ii) applies, the applicant may apply to the court for\nan order under this rule (and, if relevant, an order under rule 715)\nagainst the other person.\n(4) The application must be supported by an affidavit stating the facts on\nwhich the applicant relies, and stating the kinds of information,\ndocuments or things in relation to which the application is made.\nNote 1 For an application mentioned in r (2), div 2.2.3 (Originating applications)\ncontains provisions about the content of originating applications, the\nfiling and service of originating applications, etc.\nNote 2 For an application mentioned in r (3), r 6008 (Application in\nproceeding—filing and service) deals with service of the application and\n(5) The court may order the other person—\n(a) to attend before the court to be examined in relation to the\nidentity or whereabouts of the potential defendant; or\n(b) to produce to the court any document or thing that is, or has\nbeen, in the other person’s possession relating to the identity or\nwhereabouts of the potential defendant; or\n(c) to make and serve on the applicant a list of the documents or\nthings that are, or have been, in the other person’s possession\nrelating to the identity or whereabouts of the potential\ndefendant; or\n(d) to produce for inspection by the applicant any document or thing\nthat is, or has been, in the other person’s possession relating to\nthe identity or whereabouts of the potential defendant.\n\nRule 651\n(6) If the court makes an order under subrule (5) (a) (an order for\nattendance), the court may—\n(a) order that the other person must produce to the court on the\nexamination any document or thing that is in the other person’s\npossession relating to the identity or whereabouts of the\npotential defendant; and\n(b) direct that the examination by the court be held before the\n(7) An order under this rule in relation to any information, document or\nthing held by a corporation may be addressed to any appropriate\nofficer or former officer of the corporation.\n(8) Rule 6606 (1) (Compliance with subpoena) and rule 6611 (Costs and\nexpenses of compliance with subpoena) apply, with necessary\nchanges, in relation to an order for attendance under this rule as if the\norder were a subpoena.\n(9) In this rule:\nidentity or whereabouts, of the potential defendant, includes—\n(a) whether the potential defendant is an individual or a corporation;\nand\n(b) for an individual—the potential defendant’s name, home\naddress or other whereabouts, occupation and sex; and\n(c) for a corporation—the potential defendant’s registered office,\nbusiness address or other whereabouts.\n","sortOrder":234},{"sectionNumber":"651","sectionType":"section","heading":"Discovery to identify right to claim relief","content":"651 Discovery to identify right to claim relief\n(a) a person (the applicant) has, or may have, a cause of action\nagainst someone (the potential defendant); and\n\nPreliminary discovery Division 2.8.6\nRule 651\n(i) the applicant, after making reasonable inquiries, cannot\nobtain sufficient information to decide whether to start a\nproceeding in the court against the potential defendant for\nthe cause of action; or\n(ii) the following provisions apply:\n(A) the applicant is a party to a proceeding in the court;\n(B) the potential defendant is not a party to the\n(C) the applicant, after making reasonable inquiries,\ncannot obtain sufficient information to decide\nwhether to make a claim for relief in the proceeding\nagainst the potential defendant for the cause of action;\n(D) the claim for relief could properly have been made in\nthe proceeding against the potential defendant if the\npotential defendant were a party; and\n(c) the applicant has reasonable grounds for believing that the\npotential defendant has or has had possession of a document or\nthing that can assist in deciding whether to start the proceeding,\nor make the claim for relief, against the potential defendant; and\n(d) inspection of the document or thing by the applicant would help\nin making the decision.\n(2) If subrule (1) (b) (i) applies, the applicant may apply to the court by\noriginating application for an order under this rule (and, if relevant,\nan order under rule 715 (Inspection, detention, custody and\npreservation of property—orders etc)) against the potential\n\nRule 652\n(3) If subrule (1) (b) (ii) applies, the applicant may apply to the court for\nan order under this rule (and, if relevant, an order under rule 715)\nagainst the potential defendant.\n(4) The application must be supported by an affidavit stating the facts on\nwhich the applicant relies, and stating the kinds of documents or\nthings in relation to which the application is made.\nNote 1 For an application mentioned in r (2), div 2.2.3 (Originating applications)\ncontains provisions about the content of originating applications, the\nfiling and service of originating applications, etc.\nNote 2 For an application mentioned in r (3), r 6008 (Application in\nproceeding—filing and service) deals with service of the application and\n(5) The court may order the potential defendant to produce the document\nor thing to the applicant.\n(6) An order under this rule in relation to any document or thing held by\na corporation may be addressed to any appropriate officer or former\nofficer of the corporation.\n","sortOrder":235},{"sectionNumber":"652","sectionType":"section","heading":"Order under div 2.8.6—privilege","content":"652 Order under div 2.8.6—privilege\nAn order under this division does not require the person against whom\nthe order is made to produce any document that, on the ground of\nprivilege, the person could not be required to produce if the applicant\nfor the order—\n(a) had started a proceeding against the person; or\n(b) had made the person a party to the proceeding.\n","sortOrder":236},{"sectionNumber":"653","sectionType":"section","heading":"Order under div 2.8.6—costs","content":"653 Order under div 2.8.6—costs\n(1) On application for an order under this division, the court may make\nan order in relation to the costs of the applicant, the person against\nwhom the order is sought or made and any other party to the\n\nRule 659\n(2) The costs for which an order may be made include—\n(a) payment of conduct money; and\n(b) payments made for any expense or loss in relation to the\n(c) the costs of producing any documents for inspection under this\n","sortOrder":237},{"sectionNumber":"659","sectionType":"section","heading":"Application—div 2.8.7","content":"659 Application—div 2.8.7\n(1) This division does not apply to a document held by a court.\ncourt includes the ACAT.\n","sortOrder":238},{"sectionNumber":"660","sectionType":"section","heading":"Notice for non-party production—issue","content":"660 Notice for non-party production—issue\n(1) At the request of a party to a proceeding, the registrar must, unless\nthe court otherwise orders, issue a notice (a notice for non-party\nproduction) requiring a person who is not a party to the proceeding\nto produce for inspection a document—\n(a) relating to a matter in issue in the proceeding; and\n(b) in the person’s possession; and\n(c) that the person could be required to produce at the trial of the\nNote 1 See approved form 2.27 (Notice for non-party production) AF2011-51.\nNote 2 See div 6.3.3 (Rejecting filed documents) for the registrar’s powers to\nreject documents.\n(2) The applicant may not require production of a document if there is\navailable to the applicant another reasonably simple and inexpensive\nway of proving the matter sought to be proved by the document.\n\nRule 661\n(3) For this rule, a matter is in issue until it is—\n(a) admitted or taken to be admitted; or\n(b) withdrawn, struck out or otherwise disposed of.\n","sortOrder":239},{"sectionNumber":"661","sectionType":"section","heading":"Notice for non-party production—service","content":"661 Notice for non-party production—service\n(1) A notice for non-party production must be served personally.\n(2) A notice for non-party production is taken to be served personally on\na medical expert if, at a place where the expert’s practice is carried\non—\n(a) it is given to a person apparently engaged (whether as employee\nor otherwise) in the practice and apparently at least 16 years old;\nor\n(b) if a person mentioned in paragraph (a) does not accept the\nnotice—the notice is put down in the person’s presence and the\nperson is told in general terms what it is.\n(3) A copy of the notice must be served on each other active party to the\nproceeding before the notice is served on the respondent.\n","sortOrder":240},{"sectionNumber":"662","sectionType":"section","heading":"Notice for non-party production—inspection by other","content":"662 Notice for non-party production—inspection by other\nparties\n(1) The respondent to a notice for non-party production issued in a\nproceeding must produce any document stated in the notice by\ndelivering the document to the party to the proceeding stated in the\nnotice (the receiving party) within—\n(a) 14 days after the notice is served on the respondent; or\n(b) if a longer time is stated in the notice—the longer time.\n\nRule 663\n(2) The receiving party must within 14 days after the document is\ndelivered to the receiving party—\n(a) if there is another active party to the proceeding other than the\napplicant for the notice—deliver the document to the other\n(b) in any other case—deliver the document to the applicant for the\n(3) If a document is delivered to another active party under\nsubrule (2) (a), the other party must within 14 days after the document\nis delivered to the party—\n(a) if there is another active party to the proceeding, other than the\napplicant for the notice, that the document has not been\ndelivered to—deliver the document to the other party; or\n(b) in any other case—deliver the document to the applicant for the\n(4) For the purpose of deciding whether to make a claim mentioned in\nrule 664 (1) (a) (which deals with claims for privilege), any party to\nthe proceeding on whom a copy of the notice for non-party production\nis served is entitled to inspect a document stated in the notice other\nthan a document in relation to which any other party makes such a\n","sortOrder":241},{"sectionNumber":"663","sectionType":"section","heading":"Notice for non-party production—application to set aside","content":"663 Notice for non-party production—application to set aside\n(1) The respondent to a notice for non-party production in a proceeding\nor any other party to the proceeding may, not later than 14 days after\nthe day the notice is served on the respondent, apply to the court to\nhave the notice amended or set aside.\n(2) On an application under this rule, the court may make the orders it\n\nRule 664\n","sortOrder":242},{"sectionNumber":"664","sectionType":"section","heading":"Notice for non-party production—privilege or objection","content":"664 Notice for non-party production—privilege or objection\n(a) the respondent to a notice for non-party production in a\nproceeding or any other party to the proceeding—\n(i) claims that a document mentioned in the notice is\nprivileged from production; or\n(ii) otherwise objects to its production; or\n(b) someone else who would be affected by the notice and who has\nnot been served with the notice is given leave to object to the\nproduction of a document mentioned in the notice.\n(2) The person objecting must give notice of the objection to the\napplicant for the notice and, if required by the applicant, file an\naffidavit, and serve a stamped copy on the applicant, stating—\n(a) the document that the person objects to being produced; and\n(b) the reasons the person claims privilege or otherwise objects to\nthe document being produced.\n(3) The reasons for objection may include, but are not limited to, the\n(a) if the person objecting is the respondent—the expense and\ninconvenience likely to be incurred by the respondent in\ncomplying with the notice;\n(b) the lack of relevance to the proceeding of the document;\n(c) the lack of particularity with which the document is described;\n(d) the confidential nature of the document or its contents;\n(e) the effect disclosure would have on anyone;\n\nRule 665\n(f) if the person objecting was not served with the notice—the fact\nthat the person should have been served.\n(4) The person objecting need not produce the document and the\napplicant for the notice, the respondent or another party to the\nproceeding may apply to the court for orders in relation to the claim\nor objection.\n(5) On application under this rule, the court may make the orders it\n","sortOrder":243},{"sectionNumber":"665","sectionType":"section","heading":"Notice for non-party production—failure to produce","content":"665 Notice for non-party production—failure to produce\n(1) This rule applies if the respondent to a notice for non-party production\nfails to produce a document stated in the notice in accordance with\nthe notice.\n(2) The applicant for the notice may apply to the court for orders in\nrelation to the failure.\n(3) On application under this rule, the court may make the orders it\n","sortOrder":244},{"sectionNumber":"666","sectionType":"section","heading":"Notice for non-party production—copying produced","content":"666 Notice for non-party production—copying produced\n(1) The applicant for a notice for non-party production, or the applicant’s\nsolicitor, may copy at the applicant’s expense any document\nproduced under the notice unless the respondent to the notice objects.\n(2) If the respondent objects the applicant may apply to the court for\norders in relation to the objection.\n\nRule 667\n(3) On an application under this rule, the court may make the orders it\n","sortOrder":245},{"sectionNumber":"667","sectionType":"section","heading":"Notice for non-party production—costs","content":"667 Notice for non-party production—costs\n(1) The applicant for a notice for non-party production must pay any\nexpenses reasonably incurred by the respondent to the notice in\ncomplying with the notice.\n(2) If the respondent has not been paid by the applicant for the notice an\namount that the respondent considers adequate to cover the expenses\nreasonably incurred, or expected to be reasonably incurred, in\ncomplying with the notice, the respondent may apply to the court to\ndecide the amount that the applicant is to pay the respondent.\n(3) Before making an application to the court under subrule (2), the\nrespondent must give the applicant for the notice not less than 7 days\nnotice of the intention to make the application.\n(4) A decision of the court on an application under subrule (2) is taken to\nbe a judgment of the court for the amount decided against the\napplicant for the notice and may be enforced accordingly.\n(5) Subrule (1) does not affect the discretion of the court to order that the\ncosts of and incidental to an application for a notice for non-party\nproduction (including any amount paid to the respondent under that\nsubrule) are to be paid by any other party to the proceeding.\n","sortOrder":246},{"sectionNumber":"670","sectionType":"section","heading":"Contravention of pt 2.8 order—contempt of court","content":"670 Contravention of pt 2.8 order—contempt of court\n(1) If a person, without reasonable excuse, contravenes an order of the\ncourt made under this part, the person may be dealt with for contempt\n\nDiscovery—other provisions Division 2.8.8\nRule 671\n(2) This rule does not limit any other power of the court in relation to the\ncontravention.\nNote 1 Failure to answer a question or give information in a legal proceeding\nmay be an offence (see Criminal Code, s 722).\nNote 2 See also r 671 (Contravention of pt 2.8 order—other action), r 2444\n(Enforcement—failure of individual to comply with subpoena etc),\nr 2445 (Enforcement—failure of corporation to comply with subpoena\n","sortOrder":247},{"sectionNumber":"671","sectionType":"section","heading":"Contravention of pt 2.8 order—other action","content":"671 Contravention of pt 2.8 order—other action\n(1) If a party, without reasonable excuse, contravenes an order of the\ncourt made under this part, the court may—\n(a) if the party is a plaintiff or other claimant—order that all, or a\nstated part, of the party’s proceeding be struck out, dismissed or\nstayed; or\n(b) if the party is a defendant or respondent—order that the party\nnot be allowed to defend all, or a stated part, of the proceeding\nagainst the party.\n(2) This rule does not limit any other power of the court in relation to the\ncontravention.\n","sortOrder":248},{"sectionNumber":"672","sectionType":"section","heading":"Solicitor to notify party of certain matters about pt 2.8","content":"672 Solicitor to notify party of certain matters about pt 2.8\n(1) This rule applies if a solicitor who acts for a party to a proceeding\nreceives in relation to the proceeding—\n(a) a notice under rule 607 (1) (Notice to disclose discoverable\ndocuments) or 620 (1) (Production of documents for\ninspection); or\n(b) an order of the court for the party to answer interrogatories; or\n(c) an order of the court made under this part that imposes an\nobligation (however expressed) on the party.\n\nRule 673\n(2) The solicitor must, without unnecessary delay, take all reasonable\nsteps to tell the party fully about the party’s obligation in relation to\nthe notice or order.\n(3) If the solicitor, without reasonable excuse, contravenes subrule (2),\nthe solicitor may be dealt with for contempt of court.\n(4) Subrule (3) does not limit any other power of the court in relation to\nthe failure.\n","sortOrder":249},{"sectionNumber":"673","sectionType":"section","heading":"Improper use of disclosed document","content":"673 Improper use of disclosed document\n(1) This rule applies to someone if the person—\n(a) receives a document produced to the person under this part or\ndivision 2.12.3 (Expert reports) in relation to a proceeding; or\n(b) receives a document, directly or indirectly, from someone else\nand the document has, to the person’s knowledge, been\nproduced under this part or division 2.12.3 to the other person.\n(2) The person must not, without leave of the court or other lawful\nauthority, make use of the document otherwise than for the proper\npurposes of the proceeding.\n(3) If the person, without reasonable excuse, contravenes subrule (2), the\nperson may be dealt with for contempt of court.\n(4) The fact that a document has been filed, received in evidence or read\nout in court does not affect the application of this rule to the\ndocument, but the court may take that fact into account in deciding\nwhat action (if any) to take about a contravention of subrule (2) in\nrelation to the document.\n(5) Subrule (3) does not limit any other power of the court in relation to\n\nDiscovery—other provisions Division 2.8.8\nRule 674\n","sortOrder":250},{"sectionNumber":"674","sectionType":"section","heading":"Failure to disclose document","content":"674 Failure to disclose document\n(1) This rule applies if a party fails, without reasonable excuse, to\ndisclose to another party a document that the party is required to\ndisclose under this part, including under an order of the court made\nunder this part.\n(2) The party must not tender the document in evidence against the other\nparty on the hearing of the proceeding, or tender evidence of its\ncontents, without the leave of the court.\n(3) In deciding whether to give leave under subrule (2), the court must\nact in accordance with the Evidence Act, part 3.11 (Discretionary and\nmandatory exclusions).\n(4) The party must also pay any costs incurred by another party because\nof the failure.\n(5) This rule does not limit any other power of the court in relation to the\nfailure.\n","sortOrder":251},{"sectionNumber":"675","sectionType":"section","heading":"Discovery by electronic means—practice notes","content":"675 Discovery by electronic means—practice notes\n(1) A practice note may make provision in relation to the discovery of\ndocuments by electronic means.\nNote Practice note is defined in the dictionary to mean a practice note under\nr 6907.\n(2) A practice note must be complied with despite anything in these rules.\n\nRule 700\nPart 2.9 Preservation of rights and\n","sortOrder":252},{"sectionNumber":"700","sectionType":"section","heading":"Meaning of usual undertaking as to damages—pt 2.9","content":"700 Meaning of usual undertaking as to damages—pt 2.9\nusual undertaking as to damages, in relation to an interlocutory\norder or an interlocutory undertaking given to the court, means an\nundertaking to submit to any order the court considers just for paying\ncompensation, to be assessed by the court or as directed by the court,\nto someone (whether or not a party to the proceeding) who is\nadversely affected by—\n(a) the operation of the interlocutory order or undertaking; or\n(b) any continuation of the order or undertaking (whether or not\nvaried).\nDivision 2.9.2 Interim preservation, distribution and\n","sortOrder":253},{"sectionNumber":"705","sectionType":"section","heading":"Application—div 2.9.2","content":"705 Application—div 2.9.2\n(1) This division applies only in relation to the Supreme Court.\n(2) To remove any doubt, division 2.4.9 (People with a legal disability)\napplies in relation to this division as if an application under this\ndivision were a proceeding.\n","sortOrder":254},{"sectionNumber":"706","sectionType":"section","heading":"Urgent orders before start of proceeding","content":"706 Urgent orders before start of proceeding\n(a) in urgent circumstances; and\n\nInterim preservation, distribution and payment Division 2.9.2\nRule 706\n(b) if the person applying for an order mentioned in subrule (2)\nintends to start a proceeding.\n(2) Before the proceeding starts, the court may do any of the following\nas if the proceeding had started:\n(a) make an order that the court might make in a proceeding on an\napplication for a habeas corpus order;\n(b) make a division 2.9.4 order;\nNote For the giving of the usual undertaking as to damages, see r 732\n(Division 2.9.4 order—damages and undertaking as to damages).\n(c) make an order extending the operation of a caveat, including, for\nexample, under the Land Titles Act 1925;\n(d) make an order appointing, or directing the appointment of, a\nreceiver;\n(e) make an order under rule 715 (Inspection, detention, custody\nand preservation of property—orders etc) or rule 716 (Disposal\nof property other than land).\nNote The court may impose a condition about giving the usual\nundertaking as to damages (see r 715 (5) and r 716 (2)).\n(3) Subrule (2) does not limit the orders the court may make before a\nproceeding starts.\n(4) An application for an order mentioned in subrule (2) must be made\n(5) An application for an order mentioned in subrule (2) should be served,\nbut if the court is satisfied there is adequate reason for doing so, it\nmay make the order without the application being served on anyone.\n\nDivision 2.9.2 Interim preservation, distribution and payment\nRule 707\n(6) The person must give an undertaking to the court that the person will\nfile originating process starting the proceeding not later than—\n(a) the end of the time ordered by the court; or\n(b) if the court does not make an order mentioned in\nparagraph (a)—2 days after the day the order mentioned in\nsubrule (2) is made.\nhabeas corpus order—see rule 3500 (Definitions—pt 3.9).\n","sortOrder":255},{"sectionNumber":"707","sectionType":"section","heading":"Interim distribution","content":"707 Interim distribution\n(a) to a proceeding about property; and\n(b) if the court considers that the property is more than enough to\nanswer the claims on the property for which provision ought to\nbe made in the proceeding.\n(2) The court may make an order allowing any part of the property to be\nconveyed, transferred or delivered to anyone having an interest in the\n","sortOrder":256},{"sectionNumber":"708","sectionType":"section","heading":"Interim income","content":"708 Interim income\n(a) to a proceeding about property; and\n(b) if the court considers that all or part of the income of the property\nis not required to answer the claims on the property or its income\nfor which provision ought to be made in the proceeding.\n\nInspection, detention, custody and preservation of property Division 2.9.3\nRule 709\n(2) The court may make an order allowing all or part of the income to be\npaid to everyone or anyone having an interest in the income for the\nperiod set by the court.\n","sortOrder":257},{"sectionNumber":"709","sectionType":"section","heading":"Payment before finding out everyone interested","content":"709 Payment before finding out everyone interested\n(1) This rule applies if 2 or more people are entitled to share in a fund.\n(2) The court may make an order allowing immediate payment to any of\nthose people of the person’s share without reserving any part of the\nshare to meet the later costs of finding out any other of those people.\nDivision 2.9.3 Inspection, detention, custody and\npreservation of property\n","sortOrder":258},{"sectionNumber":"715","sectionType":"section","heading":"Inspection, detention, custody and preservation of","content":"715 Inspection, detention, custody and preservation of\nproperty—orders etc\n(1) The court may make an order for the inspection, detention, custody\nor preservation of property if—\n(a) the property is the subject of a proceeding or is property about\nwhich an issue may arise in a proceeding; or\n(b) inspection of the property is necessary for deciding an issue in a\n(2) Subrule (1) applies whether or not the property is in the ownership,\npossession, custody or power of a party.\n(3) The court may make an order mentioned in subrule (1) at any stage\nof a proceeding.\n\nDivision 2.9.3 Inspection, detention, custody and preservation of property\nRule 715\n(4) Also, if the Supreme Court makes an order under division 2.8.6\n(Preliminary discovery) in relation to a proceeding, the court may\nmake an order mentioned in subrule (1) before the proceeding starts\nas if the proceeding had started.\n(5) Without limiting subrule (1), the order may authorise a person to do\nany of the following:\n(a) enter a place or do something else to obtain access to the\nproperty;\n(b) take samples of the property;\n(c) make observations of the property;\n(d) make a record of the property, including, for example, take\nphotographs of the property;\n(e) conduct an experiment on or with the property;\n(f) observe a process;\n(g) observe or read images or information contained in the property,\nincluding, for example, by playing or screening a tape, film or\ndisk;\n(h) photograph or otherwise copy the property or information\ncontained in the property;\n(i) in a proceeding about a party’s right to a fund—pay the fund\ninto court or otherwise secure the fund.\n(6) Without limiting rule 6901 (Orders may be made on conditions), an\norder under this rule may be made on any of the following conditions:\n(a) conditions about the payment of the costs of a person who is not\na party and who must comply with the order;\n(b) conditions about giving security for the costs of a person or party\nwho must comply with the order;\n(c) conditions about giving the usual undertaking as to damages.\n\nInspection, detention, custody and preservation of property Division 2.9.3\nRule 716\n(7) The court must not make an order under this rule unless it is satisfied\nthat sufficient relief is not available under the Evidence Act,\nsection 169 (Failure to comply with requests).\n(8) A party applying for an order under this rule must, as far as\npracticable, serve an application in accordance with part 6.2\n(Applications in proceedings) on everyone who would be affected by\nthe order if made.\n","sortOrder":259},{"sectionNumber":"716","sectionType":"section","heading":"Disposal of property other than land","content":"716 Disposal of property other than land\n(a) to a proceeding about property (other than land) or in which an\nissue may arise about property (other than land); and\n(b) if it appears to the court that—\n(i) the property is perishable or is likely to deteriorate or\notherwise decrease in value; or\n(ii) the property should be sold or otherwise disposed of for\nanother reason.\n(2) At any stage of the proceeding, the court may order the sale or other\ndisposal of all or part of the property.\n(3) Without limiting rule 6901 (Orders may be made on conditions), an\norder may be made on conditions about giving the usual undertaking\nas to damages.\n","sortOrder":260},{"sectionNumber":"717","sectionType":"section","heading":"Order for inspection, detention, custody or preservation","content":"717 Order for inspection, detention, custody or preservation\naffecting non-party\nThe court may make an order under rule 715 (Inspection, detention,\ncustody and preservation of property—orders etc) or rule 716\n(Disposal of property other than land) binding on, or otherwise\naffecting, someone who is not a party to the proceeding.\n\nDivision 2.9.3 Inspection, detention, custody and preservation of property\nRule 718\n","sortOrder":261},{"sectionNumber":"718","sectionType":"section","heading":"Application for order for inspection, detention, custody or","content":"718 Application for order for inspection, detention, custody or\npreservation\n(1) An application in a proceeding for an order for the inspection,\ndetention, custody or preservation of property may be made by a party\nNote An application may be made before a proceeding starts (see r 706 (Urgent\norders before start of proceeding)).\n(2) The applicant must make all reasonable inquiries to find out who has,\nor claims to have, an interest in the property.\n(3) Unless the court otherwise orders, an order must not be made under\nrule 715 (Inspection, detention, custody and preservation of\nproperty—orders etc) or rule 716 (Disposal of property other than\nland) unless each person who has an interest in the property is served\nwith the application.\n","sortOrder":262},{"sectionNumber":"719","sectionType":"section","heading":"Division 2.9.3—other jurisdiction of court not affected","content":"719 Division 2.9.3—other jurisdiction of court not affected\nThis division does not affect the jurisdiction of the court (whether\ninherent, implied or statutory) to make orders for the inspection,\ndetention, custody or preservation of property that is exercisable apart\nfrom this division (whether or not under these rules).\n\nRule 725\nNote to div 2.9.4\nThe Magistrates Court may make an order under this division only in relation to a\nproceeding that the court has jurisdiction to hear and decide. For example, the\ncourt may not make an order under this division before a proceeding is started\n(see Magistrates Court Act 1930, s 257 (Personal actions at law—amount or\nvalue) and s 258 (Power of court to grant relief)).\n","sortOrder":263},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"9.4.1 Injunctions and similar orders—","content":"Subdivision 2.9.4.1 Injunctions and similar orders—\n","sortOrder":264},{"sectionNumber":"725","sectionType":"section","heading":"Meaning of division 2.9.4 order","content":"725 Meaning of division 2.9.4 order\nIn these rules:\ndivision 2.9.4 order means an injunction, freezing order or search\n","sortOrder":265},{"sectionNumber":"726","sectionType":"section","heading":"Definitions—div 2.9.4","content":"726 Definitions—div 2.9.4\nancillary order—see rule 742.\nfreezing order—see rule 741.\nsearch order—see rule 751.\n","sortOrder":266},{"sectionNumber":"727","sectionType":"section","heading":"Division 2.9.4—other jurisdiction of court not affected","content":"727 Division 2.9.4—other jurisdiction of court not affected\nThis division does not affect the jurisdiction of the court (whether\ninherent, implied or statutory) to make a division 2.9.4 order or\nancillary order that is exercisable apart from this division (whether or\nnot under these rules).\n\nRule 728\n","sortOrder":267},{"sectionNumber":"728","sectionType":"section","heading":"Division 2.9.4 order—procedure","content":"728 Division 2.9.4 order—procedure\n(1) If the division 2.9.4 order is the principal relief claimed, the applicant\nmust apply to the court by originating application and must comply\nwith part 2.2 (Starting civil proceedings), except as far as this division\notherwise provides or the court otherwise orders.\nunder this rule otherwise ordering if the proceeding has been started.\n(2) However, if the division 2.9.4 order is not the principal relief claimed,\nor the order is sought in a proceeding that has been started or relates\nto a proceeding that has ended, the applicant must comply with part\n6.2 (Applications in proceedings), except as far as this division\notherwise provides or the court otherwise orders.\n(3) For the Supreme Court, this rule applies whether the application is\n(a) before a proceeding is started; or\n(b) in a pending proceeding; or\n(c) after a proceeding has ended (including after judgment).\n","sortOrder":268},{"sectionNumber":"729","sectionType":"section","heading":"Division 2.9.4 order without notice etc","content":"729 Division 2.9.4 order without notice etc\n(1) An application for a division 2.9.4 order or ancillary order should be\nserved, but if the court is satisfied there is adequate reason for doing\nso, it may make the order without the application being served on\nanyone.\n(2) Without limiting the court’s discretion in the exercise of its equitable\njurisdiction, on an application for a division 2.9.4 order, the court\nmay, if it considers it appropriate—\n(a) make the order for a limited period stated in the order; or\n(b) make the order until the trial of the proceeding; or\n(c) make an order for a limited time restraining a person from\nleaving Australia; or\n\nRule 730\n(d) make another order, including, for example, an ancillary order.\nNote 1 Rule 6901 (Orders may be made on conditions) provides that the court\nNote 2 Ancillary order is defined in r 742.\n(3) Also, an application for an ancillary order may be made separately\nfrom the application for a freezing order.\nancillary order made separately from the application for a freezing order.\n","sortOrder":269},{"sectionNumber":"730","sectionType":"section","heading":"Division 2.9.4 order without trial","content":"730 Division 2.9.4 order without trial\n(1) A plaintiff claiming relief by way of a division 2.9.4 order, with or\nwithout a declaration or other relief, may apply to the court for a\n(2) The plaintiff may make the application at any time after—\n(a) the plaintiff is served with a notice of intention to respond or\ndefence; or\n(b) the end of the time set by rule 102 (Notice of intention to respond\nor defence—filing and service) for filing a notice of intention to\n(3) On the hearing of an application under subrule (1), the court may do\n1 or more of the following:\n(a) give judgment in relation to the division 2.9.4 order and\ndeclaration (if any) and, if other relief is claimed, give the\ndirections it considers appropriate about how to dispose of the\nrest of the proceeding;\n(b) make a division 2.9.4 order until the hearing or until a stated\nday;\n(c) order the parties to file and serve pleadings;\n(d) direct a trial of the proceeding.\n\nRule 731\n","sortOrder":270},{"sectionNumber":"731","sectionType":"section","heading":"Division 2.9.4 order—expedited trial","content":"731 Division 2.9.4 order—expedited trial\nOn an application for a division 2.9.4 order, the court may order an\nexpedited trial under rule 1311 (Expedited trial).\n","sortOrder":271},{"sectionNumber":"732","sectionType":"section","heading":"Division 2.9.4 order—damages and undertaking as to","content":"732 Division 2.9.4 order—damages and undertaking as to\ndamages\n(1) Unless there is a good reason, a division 2.9.4 order or ancillary order\nmade until the trial or hearing or until a stated day must not be made\nwithout the usual undertaking as to damages having been given.\n(2) The usual undertaking as to damages for a division 2.9.4 order or\nancillary order applies during an extension of the period of the order.\n(3) If the usual undertaking as to damages is contravened, the person in\nwhose favour the undertaking is given may apply to the court for an\norder for assessment of damages.\nor direction under this rule\n(4) If the court finds damages are sustained because of a division 2.9.4\norder or ancillary order, it may, at trial or on application by a party,\nassess damages or give the directions it considers necessary for the\nassessment of damages.\n","sortOrder":272},{"sectionNumber":"733","sectionType":"section","heading":"Division 2.9.4 order—other undertakings and security to","content":"733 Division 2.9.4 order—other undertakings and security to\nperform undertaking\n(1) The court may require an undertaking from a person approved by the\ncourt other than the person applying for the division 2.9.4 order or\nancillary order.\n(2) The court may require a person who gives an undertaking as to\ndamages under rule 732 (Division 2.9.4 order—damages and\nundertaking as to damages) to make a payment into court or to give\nother security, including to the registrar’s satisfaction, for the\nperformance of the undertaking.\n\nRule 740\n(3) In deciding whether to make a requirement under this rule, the court\nmay have regard to any of the matters to which it could have regard\nin deciding whether to make an order for security for costs and\nwhether it is otherwise reasonable in all the circumstances of the\nmatter to impose the requirement.\nNote See r 1902 (Security for costs—discretionary factors).\nSubdivision 2.9.4.2 Freezing orders\nNote An application for a freezing order or an ancillary order may be served\non a person who is outside of Australia where such service is authorised\nby or under div 6.8.9 (Service out of Australia). See, in particular, r 6502\n(d).\n","sortOrder":273},{"sectionNumber":"740","sectionType":"section","heading":"Definitions—sdiv 2.9.4.2","content":"740 Definitions—sdiv 2.9.4.2\nIn this subdivision:\nanother court means a court outside Australia or a court in Australia\nother than the court.\napplicant means a person who applies for a freezing order or ancillary\nrespondent means a person against whom a freezing order or\nancillary order is sought or made.\n","sortOrder":274},{"sectionNumber":"741","sectionType":"section","heading":"Freezing orders—general","content":"741 Freezing orders—general\n(1) The Supreme Court may make an order (a freezing order) for the\npurpose of preventing the frustration or inhibition of the court’s\nprocess by ensuring that an order or prospective order of the court is\nnot made valueless or diminished in value.\n(2) The Magistrates Court may make an order (also called a freezing\norder) in a proceeding for the purpose of preventing the frustration or\ninhibition of the court’s process by ensuring that an order or\nprospective order of the court in relation to the proceeding is not made\nvalueless or diminished in value.\n\nRule 741\n(3) A freezing order may be an order restraining a respondent from\nremoving any assets located in or outside Australia or from disposing\nof, dealing with, or diminishing the value of, those assets.\n(4) For the Supreme Court, a freezing order or ancillary order may be\nmade whether or not the respondent is a party to an existing\n(5) For the Magistrates Court, a freezing order or ancillary order may be\nmade in a proceeding whether or not the respondent is a party to the\n(6) The affidavits supporting an application for a freezing order or\nancillary order must include the following information:\n(a) information about—\n(i) the order mentioned in rule 743 (1) (a) (Freezing orders—\norder against enforcement debtor or prospective\nenforcement debtor or third party); or\n(ii) if no order mentioned in rule 743 (1) (a) has been\nobtained—the following information about the cause of\naction mentioned in rule 743 (1) (b) or (c):\n(A) the basis of the claim for principal relief;\n(B) the amount of the claim;\n(C) if the application is made without being served on the\nrespondent—any possible defence or other response\nto the claim;\n(b) the nature and value of the respondent’s assets, as far as they are\nknown to the applicant, in and outside Australia;\n(c) why the applicant believes—\n(i) the respondent’s assets may be removed from Australia; or\n(ii) the dealing with the assets should be restrained by order;\n\nRule 742\n(d) why the applicant believes the order mentioned in rule 743 (1)\n(a) may go unsatisfied if the removal or dealing mentioned in\nparagraph (c) happens;\n(e) the identity of anyone, other than the respondent, who the\napplicant knows may be affected by the order, and how the\nperson may be affected.\n(7) The court may amend or set aside a freezing order or ancillary order.\n","sortOrder":275},{"sectionNumber":"742","sectionType":"section","heading":"Ancillary orders","content":"742 Ancillary orders\n(1) The court may make an order (an ancillary order) ancillary to a\nfreezing order or prospective freezing order as the court considers\n(2) Without limiting subrule (1), an ancillary order may be made for\neither or both of the following purposes:\n(a) finding out information about assets relevant to the freezing\norder or prospective freezing order;\n(b) deciding whether the freezing order should be made.\n(3) On an application mentioned in rule 729 (3) (Division 2.9.4 order\nwithout notice etc), the court may make an ancillary order if it\nconsiders it appropriate.\n","sortOrder":276},{"sectionNumber":"743","sectionType":"section","heading":"Freezing orders—order against enforcement debtor or","content":"743 Freezing orders—order against enforcement debtor or\nprospective enforcement debtor or third party\n(a) an order has been given in favour of an applicant by—\n(ii) for an order to which subrule (2) applies—another court;\nor\nNote Order is defined in the dictionary to include judgment (see also def\nmade).\n\nRule 743\n(b) for the Supreme Court—an applicant has a good arguable case\non an accrued or prospective cause of action that is justiciable\nin—\n(ii) for a cause of action to which subrule (3) applies—another\n(c) for the Magistrates Court—an applicant has started a proceeding\nin the court and the applicant has a good arguable case on an\naccrued or prospective cause of action that is justiciable in—\n(ii) for a cause of action to which subrule (3) applies—another\n(2) This subrule applies to an order if there is a sufficient prospect that\nthe order will be registered in or enforced by the court.\n(3) This subrule applies to a cause of action if there is a sufficient\nprospect that—\n(a) the other court will make an order in favour of the applicant; and\n(b) the order will be registered in or enforced by the court.\n(4) The court may make a freezing order or ancillary order (or both)\nagainst an enforcement debtor or prospective enforcement debtor if\nsatisfied, having regard to all the circumstances, that there is a danger\nthat an order or prospective order will be completely or partly\nunsatisfied because any of the following might happen:\n(a) the enforcement debtor, prospective enforcement debtor or\nsomeone else absconds;\n(b) the assets of the enforcement debtor, prospective enforcement\ndebtor or someone else are—\n(i) removed from Australia or from somewhere in or outside\nAustralia; or\n\nRule 745\n(ii) disposed of, dealt with or diminished in value.\n(5) The court may make a freezing order or ancillary order (or both)\nagainst someone other than an enforcement debtor or prospective\nenforcement debtor (a third party) if satisfied, having regard to all the\ncircumstances, that—\n(a) there is a danger that an order or prospective order will be\ncompletely or partly unsatisfied because—\n(i) the third party holds or is using, or has exercised or is\nexercising, a power of disposition over assets (including\nclaims and expectancies) of the enforcement debtor or\nprospective enforcement debtor; or\n(ii) the third party is in possession of, or in a position of control\nor influence concerning, assets (including claims and\nexpectancies) of the enforcement debtor or prospective\nenforcement debtor; or\n(b) a process in the court, is or may ultimately be, available to the\napplicant as a result of an order or prospective order, and, under\nthe process, the third party may be obliged to disgorge assets or\ncontribute toward satisfying the order or prospective order.\n(6) This rule does not affect the court’s power to make a freezing order\nor ancillary order if the court considers it is in the interests of justice\nto do so.\n","sortOrder":277},{"sectionNumber":"745","sectionType":"section","heading":"Freezing orders—costs","content":"745 Freezing orders—costs\n(1) The court may make any order about costs that it considers\nappropriate in relation to a freezing order or ancillary order.\n(2) Without limiting subrule (1), an order about costs includes an order\nabout the costs of anyone affected by a freezing order or ancillary\n\nRule 750\nSubdivision 2.9.4.3 Search orders\n","sortOrder":278},{"sectionNumber":"750","sectionType":"section","heading":"Definitions—sdiv 2.9.4.3","content":"750 Definitions—sdiv 2.9.4.3\nIn this subdivision:\napplicant means a person who applies for a search order.\ndescribed includes described generally whether by reference to a\nclass or otherwise.\npremises includes a vehicle or vessel of any kind.\nrespondent means a person against whom a search order is sought or\n","sortOrder":279},{"sectionNumber":"751","sectionType":"section","heading":"Search orders—general","content":"751 Search orders—general\n(1) The Supreme Court may make an order (a search order) in any\nproceeding or in anticipation of any proceeding in the court for the\npurpose of securing or preserving evidence and requiring the\nrespondent to allow people to enter premises for the purpose of\nsecuring the preservation of evidence that is or may be relevant to an\nissue in the proceeding or anticipated proceeding.\n(2) The Magistrates Court may make an order (also called a search\norder) in any proceeding in the court for the purpose of securing or\npreserving evidence and requiring the respondent to allow people to\nenter premises for the purpose of securing the preservation of\nevidence that is or may be relevant to an issue in the proceeding.\n(3) The affidavits supporting an application for a search order must\ninclude the following information:\n(a) a description of the things, or the categories of things, in relation\nto which the order is sought;\n(b) the address of the premises in relation to which the order is\nsought and whether they are private or business premises;\n\nRule 751\n(c) why the order is sought, including why the applicant believes\nthat the things to be searched for will probably be destroyed or\notherwise made unavailable for the purpose of evidence before\nthe court unless the order is made;\n(d) the prejudice, loss or damage likely to be suffered by the\napplicant if the order is not made;\n(e) the name, address, firm and commercial litigation experience of\nan independent solicitor, who agrees to being appointed to serve\nthe order, supervise its enforcement and do the other things the\ncourt directs;\n(f) if the premises to be searched are or include residential\npremises—whether or not the applicant believes that the only\noccupants of the premises are likely to be young children or an\nunaccompanied female, or both;\n(g) if the application is made in the Supreme Court and the applicant\nclaims that the applicant has an existing or prospective cause of\naction that is justiciable in Australia—\n(i) the basis of the claim for principal relief; and\n(ii) if the application is made without being served on the\nrespondent—any possible defence or other response to the\nclaim;\n(h) if the application is made in the Magistrates Court, the applicant\nhas started a proceeding in the court and the applicant claims\nthat the applicant has a cause of action that is justiciable in\nAustralia—\n(i) the basis of the claim for principal relief; and\n(ii) if the application is made without being served on the\nrespondent—any possible defence or other response to the\n(4) The court may amend or set aside the search order.\n\nRule 752\n","sortOrder":280},{"sectionNumber":"752","sectionType":"section","heading":"Search orders—requirements for making order","content":"752 Search orders—requirements for making order\n(1) The Supreme Court may make a search order if satisfied that—\n(a) an applicant seeking the order has a strong prima facie case on\nan accrued cause of action; and\n(b) the potential or actual loss or damage to the applicant will be\nserious if the search order is not made; and\n(c) there is sufficient evidence in relation to a respondent that—\n(i) the respondent possesses important evidentiary material;\nand\n(ii) there is a real possibility that the respondent might destroy\nthe material or cause it to be unavailable for use in evidence\nin a proceeding or anticipated proceeding before the court.\n(2) The Magistrates Court may make a search order in relation to a\nproceeding if satisfied that—\n(a) an applicant seeking the order has a strong prima facie case on\nan accrued cause of action in the proceeding; and\n(b) the potential or actual loss or damage to the applicant will be\nserious if the search order is not made; and\n(c) there is sufficient evidence in relation to a respondent that—\n(i) the respondent possesses important evidentiary material;\nand\n(ii) there is a real possibility that the respondent might destroy\nthe material or cause it to be unavailable for use in evidence\n\nRule 753\n","sortOrder":281},{"sectionNumber":"753","sectionType":"section","heading":"Search orders—terms of order","content":"753 Search orders—terms of order\n(1) A search order may direct everyone who is named or described in the\norder—\n(a) to allow, or arrange to allow, the other people named or\ndescribed in the order—\n(i) to enter premises stated in the order; and\n(ii) to take any steps that are in accordance with the terms of\nthe order; and\n(b) to provide, or arrange to provide, the other people named or\ndescribed in the order with any information, thing or service\ndescribed in the order; and\n(c) to allow the other people named or described in the order to take\nand keep in their custody anything described in the order; and\n(d) not to disclose any information about the order, for up to 3 days\nafter the day the order is served, except for obtaining legal\nadvice or legal representation; and\n(e) to do or not to do any act as the court considers appropriate.\n(2) Without limiting subrule (1) (a) (ii), the steps that may be taken in\nrelation to a thing stated in a search order include—\n(a) searching for, inspecting or removing the thing; and\n(b) making or obtaining a record of the thing or any information it\nmay contain.\n(3) A search order may contain other provisions that the court considers\nrecord includes a copy, photograph, film or sample.\n\nRule 754\n","sortOrder":282},{"sectionNumber":"754","sectionType":"section","heading":"Search orders—independent solicitors","content":"754 Search orders—independent solicitors\n(1) If the court makes a search order, the court must appoint 1 or more\nsolicitors (an independent solicitor), each of whom is independent of\nthe applicant’s solicitors, to supervise the execution of the order, and\nto do the other things in relation to the order that the court considers\n(2) The court may appoint an independent solicitor to supervise\nexecution of the order at any 1 or more premises, and a different\nindependent solicitor or solicitors to supervise execution of the order\nat other premises, with each independent solicitor having power to do\nthe other things in relation to the order that the court considers\n","sortOrder":283},{"sectionNumber":"755","sectionType":"section","heading":"Search orders—costs","content":"755 Search orders—costs\n(1) The court may make any order about costs that it considers\nappropriate in relation to a search order.\n(2) Without limiting subrule (1), an order about costs includes an order\nabout the costs of anyone affected by a search order.\n","sortOrder":284},{"sectionNumber":"765","sectionType":"section","heading":"Application—div 2.9.5","content":"765 Application—div 2.9.5\n(1) This division applies only in relation to the appointment of a receiver,\nand a receiver appointed, in a proceeding in the Supreme Court.\n(2) However, this division does not apply to situations controlled or\nregulated by the Corporations Act.\n\nRule 766\n","sortOrder":285},{"sectionNumber":"766","sectionType":"section","heading":"Receiver—agreement to act as etc","content":"766 Receiver—agreement to act as etc\n(1) A person must not be appointed as a receiver unless the person’s\nwritten agreement to act as receiver is filed in the court.\n(2) The court may set aside a receiver’s appointment at any time for an\nappropriate reason and make the orders it considers appropriate about\nthe receivership and the receiver’s remuneration.\n","sortOrder":286},{"sectionNumber":"767","sectionType":"section","heading":"Receiver—application for order appointing etc","content":"767 Receiver—application for order appointing etc\nAn application for an order appointing, or directing the appointment\nof, a receiver should be served, but if the court is satisfied there is\nadequate reason for doing so, it may make the order without the\napplication being served on anyone.\nNote 2 An application may be made before a proceeding starts (see r 706 (Urgent\norders before start of proceeding)).\n","sortOrder":287},{"sectionNumber":"768","sectionType":"section","heading":"Receiver—address for service","content":"768 Receiver—address for service\n(1) Not later than 7 days after the day a receiver is appointed, the receiver\nmust file a notice that states the receiver’s address for service.\naddress for service means—\n(a) if the receiver has a home or place of business in the ACT—\n(i) the receiver’s home or business address; and\n(ii) an email address; or\n(i) the address of a place in the ACT; and\n\nRule 769\n(ii) an email address.\n","sortOrder":288},{"sectionNumber":"769","sectionType":"section","heading":"Receiver—security","content":"769 Receiver—security\n(1) If the court appoints a receiver, the receiver must file a security,\n(2) The receiver’s appointment does not start until the receiver files the\nsecurity.\n(3) If the court directs the appointment of a receiver, a person must not\nbe appointed under the direction until the person has filed a security,\n(4) A security must—\n(a) be approved by the court; and\n(b) state that the receiver will account for what is received as\nreceiver, and will deal with what is received as the court directs.\nNote See approved form 2.28 (Receiver's security) AF2006-273.\n(5) The court may, at any time, order the amendment or setting aside of\na security filed under this rule.\n","sortOrder":289},{"sectionNumber":"770","sectionType":"section","heading":"Receiver—remuneration","content":"770 Receiver—remuneration\nA receiver is allowed the remuneration (if any) the court decides.\n","sortOrder":290},{"sectionNumber":"771","sectionType":"section","heading":"Receiver—accounts","content":"771 Receiver—accounts\n(1) A receiver must submit accounts to the parties at the intervals or on\nthe dates the court directs.\n\nRule 772\n(2) On giving reasonable notice to the receiver, a party is entitled to\ninspect, either personally or by an agent, the documents and things on\nwhich the accounts are based.\n(3) If a party objects to the receiver’s accounts, the party may serve notice\non the receiver—\n(a) stating the items objected to; and\n(b) requiring the receiver to file a copy of the accounts within a\nstated period of not less than 14 days after the day the notice is\n(4) The party must file a copy of the notice served.\n(5) If a notice is served on the receiver under subrule (3), the receiver\nmust file a copy of the accounts, verified by affidavit, within the time\nrequired by the notice.\nNote See approved form 2.29 (Receiver's affidavit and account) AF2006-274.\n(6) The court may examine the items objected to.\n(7) The court must, by order, declare the result of the examination and\nmay make an order for the costs and expenses of a party or the\nreceiver.\n","sortOrder":291},{"sectionNumber":"772","sectionType":"section","heading":"Receiver—default","content":"772 Receiver—default\n(1) The court may make any orders it considers appropriate if a receiver\ndoes not, in accordance with these rules or an order of the court—\n(a) file an account or other document that is required to be filed; or\n\nRule 773\n(b) do something that is required to be done.\nExamples of orders\n1 discharge the receiver\n2 appoint another receiver\n3 make an order about costs\n4 order the repayment of remuneration already paid to the receiver\n(2) If a receiver fails to comply with a requirement of these rules or an\norder of the court to pay into court an amount shown by the receiver’s\naccounts to be owed by the receiver, the court may direct that the\nreceiver pay interest on the amount at the following rate until the\namount is paid into court:\n(a) the rate of interest applying, from time to time, under schedule 2,\npart 2.2 (Interest after judgment);\n(b) if the court considers that another rate is appropriate—that rate.\n(3) This rule does not limit the court’s powers to enforce its orders or to\npunish contempt of court.\n","sortOrder":292},{"sectionNumber":"773","sectionType":"section","heading":"Receiver—powers","content":"773 Receiver—powers\n(1) A receiver has the powers of a receiver and manager, unless the court\n(2) The court may authorise a receiver to do anything a party might do.\n(3) The court may authorise the receiver to do the thing—\n(a) either in the receiver’s name or the party’s name; and\n(b) either generally or in a particular case; and\n(c) whether or not the party is a person with a legal disability.\n\nRule 774\n(4) If the party is a person with a legal disability, the authorisation has\neffect as if the party were not a person with a legal disability.\n(5) This rule does not limit the court’s powers to authorise a receiver to\ndo anything.\n","sortOrder":293},{"sectionNumber":"774","sectionType":"section","heading":"Receiver—duty in relation to property","content":"774 Receiver—duty in relation to property\n(1) This rule applies if a receiver is in possession of property.\n(2) The receiver must manage and deal with the property according to the\nrequirements of the laws of the State or Territory where the property\nis situated, in the same way in which the owner or possessor would\nbe bound to do if in possession.\n","sortOrder":294},{"sectionNumber":"775","sectionType":"section","heading":"Receiver—liability","content":"775 Receiver—liability\nA receiver of any property may, without the court’s leave, be sued in\nrelation to an act done or omission made in exercising any of the\nreceiver’s powers in relation to the property.\n","sortOrder":295},{"sectionNumber":"776","sectionType":"section","heading":"Receiver—death of","content":"776 Receiver—death of\n(1) If a receiver dies, the court may, on the application of a party, make\nany orders it considers appropriate about—\n(a) the filing and passing of accounts by—\n(i) the receiver’s personal representative; or\n(ii) anyone else who has, or has had, possession or control of\nproperty the subject of the receivership; and\n(b) the payment into court of any amount shown to be owing; and\n(c) the delivery of property the subject of the receivership.\n\nRule 780\n(2) The court must not make an order under subrule (1) unless the\napplication for the order has been served on the receiver’s personal\nrepresentative or anyone else affected by the order.\n","sortOrder":296},{"sectionNumber":"780","sectionType":"section","heading":"Meaning of land—div 2.9.6","content":"780 Meaning of land—div 2.9.6\nland includes an interest in land.\n","sortOrder":297},{"sectionNumber":"781","sectionType":"section","heading":"Application—div 2.9.6","content":"781 Application—div 2.9.6\nThis division applies only in relation to a proceeding in the Supreme\nCourt in relation to land.\n","sortOrder":298},{"sectionNumber":"782","sectionType":"section","heading":"Sale of land—order","content":"782 Sale of land—order\nThe court may order—\n(a) that all or part of the land be sold before the proceeding is\ndecided; and\n(b) that any party in receipt of the rents or profits of all or part of\nthe land, or otherwise in possession of all or part of the land,\ngive possession to the person that the court directs.\n","sortOrder":299},{"sectionNumber":"783","sectionType":"section","heading":"Sale of land—conduct of sale","content":"783 Sale of land—conduct of sale\n(1) The court may appoint a party or someone else to have the conduct of\nthe sale if the court—\n(a) makes an order under rule 782 that land be sold; or\n(b) by a judgment, orders the sale of land.\n\nSales of land by court order Division 2.9.6\nRule 784\n(2) The court may direct a party to join in the sale and conveyance or\ntransfer or in another matter relating to the sale.\n(3) The court may permit the person having the conduct of the sale to sell\nthe land in a way the person considers appropriate or give directions\nabout conducting the sale.\n(4) Directions given under subrule (3) may include the following:\n(a) stating the kind of sale, including, for example, sale by contract\nconditional on the court’s approval, private treaty or tender;\n(b) setting a minimum or reserve price;\n(c) requiring payment of the purchase money into court or to a\ntrustee or someone else;\n(d) for settling the particulars and conditions of sale;\n(e) for obtaining evidence of value;\n(f) stating the remuneration to be allowed to a real estate agent or\nsomeone else.\n","sortOrder":300},{"sectionNumber":"784","sectionType":"section","heading":"Sale of land—certificate of sale result","content":"784 Sale of land—certificate of sale result\n(1) Unless the court otherwise orders, the result of a sale of land by an\norder of the court must be certified—\n(a) for a public auction—by the real estate agent who conducted the\nsale; or\n(b) otherwise—by the person having the conduct of the sale or by\nthe person’s solicitor.\n(2) The court may require that the certificate be verified by affidavit of\nthe person certifying.\n\nRule 785\n(3) The person required to give the certificate under subrule (1) must file\nthe certificate and affidavit (if any) not later than 7 days after the day\nof settlement of the sale.\n","sortOrder":301},{"sectionNumber":"785","sectionType":"section","heading":"Mortgage, exchange or partition","content":"785 Mortgage, exchange or partition\nIf the court makes an order for the mortgage, exchange or partition of\nland, rule 783 (Sale of land—conduct of sale) and rule 784 (Sale of\nland—certificate of sale result) apply to the mortgage, exchange or\npartition, with necessary changes, in the same way as they apply to\nthe sale of land under this division.\n\nRule 1000\n","sortOrder":302},{"sectionNumber":"1000","sectionType":"section","heading":"Application—pt 2.10","content":"1000 Application—pt 2.10\nThis part is subject to the Civil Law (Wrongs) Act 2002, chapter 14\n(Limitations on legal costs) and the Road Transport (Third-Party\nInsurance) Act 2008, part 4.8 (Mandatory final offers) and part 4.9\n(Court proceedings).\n","sortOrder":303},{"sectionNumber":"1001","sectionType":"section","heading":"Definitions—pt 2.10","content":"1001 Definitions—pt 2.10\njudgment in favour of the defendant includes a dismissal of an\noriginating application or an originating claim.\noffer means an offer of compromise under rule 1002.\nperiod of acceptance, for an offer, means the period when the offer\nis open for acceptance.\n","sortOrder":304},{"sectionNumber":"1002","sectionType":"section","heading":"Making offer","content":"1002 Making offer\n(1) A party may, by written notice, make an offer to another party to\ncompromise any claim in proceedings, either in whole or in part, on\nstated terms.\n(2) An offer under this rule must—\n(a) identify—\n(i) the claim or part of the claim to which it relates; and\n(ii) the proposed orders for disposal of the claim or part of the\nclaim including, if a monetary judgment is proposed, the\namount of the judgment; and\n\nRule 1002\n(b) if the offer relates only to part of the proceedings, include a\nstatement—\n(i) for an offer by the plaintiff—stating whether the remainder\nof the proceedings will be abandoned or pursued; or\n(ii) for an offer by a defendant—stating whether the remainder\nof the proceedings will be defended or conceded; and\n(c) not include an amount for costs or state that it is inclusive of\ncosts; and\n(d) state that the offer has been made in accordance with this part;\nand\n(e) state the period of acceptance.\n(3) An offer under this rule may propose—\n(a) a judgment in favour of the defendant—\n(i) with no order as to costs; or\n(ii) despite subrule (2) (c), with an order that the defendant will\npay to the plaintiff a stated amount for the plaintiff’s costs;\nor\n(b) that the costs as agreed or assessed up to the time of the offer\nwill be paid by the person making the offer; or\n(c) that the costs as agreed or assessed on a party and party basis or\nindemnity basis will be paid out of a stated estate or fund\nidentified in the offer.\n(4) If the offeror makes an offer before the offeree is given particulars of\nthe offeror’s claim, and documents available to the offeror necessary\nfor the offeree to properly consider the offer, the offeree may, within\n14 days after receiving the offer give notice to the offeror that—\n(a) the offeree is unable to assess the reasonableness of the offer\nbecause of the lack of particulars or documents; and\n\nRule 1003\n(b) if rule 1010 applies—the offeree will seek an order under\nrule 1010 (2).\n(5) The end of a period of acceptance for an offer—\n(a) for an offer made 2 months or more before the date set down for\nthe start of the trial—must be not less than 28 days after the day\nthe offer is made; and\n(b) in any other case—must be after a period that is reasonable in\nthe circumstances.\n(6) Unless the notice of offer otherwise provides, an offer providing for\nthe payment of money or doing of an act is taken to provide for the\npayment or doing of the act within 28 days after the offer is accepted.\n(7) Unless the notice of offer otherwise provides, an offer is made\nwithout prejudice.\n(8) A party may make more than 1 offer in relation to the same claim.\n(9) Unless the court orders otherwise, an offer may not be withdrawn\nduring the period of acceptance for the offer.\n(10) A notice of offer purporting to exclude, modify or restrict rule 1010\nor rule 1011 is invalid.\n","sortOrder":305},{"sectionNumber":"1003","sectionType":"section","heading":"Acceptance of offer","content":"1003 Acceptance of offer\n(1) A party may accept an offer by serving written notice on the offeror\nat any time during the period of acceptance for the offer.\n(2) The offer may be accepted even if a further offer is made during the\nperiod of acceptance for the offer.\n(3) If an offer is accepted under this rule, any party to the offer may apply\nfor judgment to be entered accordingly.\n\nRule 1004\n","sortOrder":306},{"sectionNumber":"1004","sectionType":"section","heading":"Withdrawal of acceptance","content":"1004 Withdrawal of acceptance\n(1) A party who accepts an offer may, by written notice served on the\nofferor, withdraw the acceptance if—\n(a) the offer provides for the doing of an act or for payment of\nmoney, and the act is not done or the money is not paid to the\nofferee or into court within 28 days after acceptance of the offer\nor within another time provided for in the offer; or\n(b) the court grants the party leave to withdraw the acceptance.\n(2) If the party withdraws acceptance of the offer—\n(a) except where paragraph (b) provides otherwise, all steps in the\nproceedings that were taken as a consequence of the acceptance\nno longer have effect; and\n(b) the court may, after the offer is withdrawn or when granting\nleave to withdraw the offer, give directions that—\n(i) restore the parties as nearly as possible to their positions at\nthe time of acceptance; and\n(ii) give effect to any steps in the proceedings taken as a\nconsequence of the acceptance; and\n(iii) provide for the further conduct of the proceedings.\n","sortOrder":307},{"sectionNumber":"1005","sectionType":"section","heading":"Failure to comply with accepted offer","content":"1005 Failure to comply with accepted offer\n(1) If the plaintiff, as a party to an accepted offer, fails to comply with\nthe terms of the offer, the defendant is entitled—\n(a) to a judgment or order that is appropriate to give effect to the\nterms of the accepted offer; or\n(b) to an order that the proceedings be dismissed, and to judgment\naccordingly, as the defendant elects, unless the court orders\notherwise.\n\nRule 1006\n(2) If the defendant, as a party to an accepted offer, fails to comply with\nthe terms of the offer, the plaintiff is entitled—\n(a) to a judgment or order that is appropriate to give effect to the\nterms of the accepted offer; or\n(b) to an order that the defence be struck out, and to judgment\naccordingly, as the plaintiff elects, unless the court orders\notherwise.\n(3) If a party to an accepted offer fails to comply with the terms of the\noffer, and a defendant in the proceedings has made a counterclaim\nthat is not the subject of the accepted offer, the court—\n(a) may make an order or give a judgment under this rule; and\n(b) may make an order as to the further conduct of proceedings on\nthe counterclaim it considers appropriate.\n","sortOrder":308},{"sectionNumber":"1006","sectionType":"section","heading":"Disclosure of offer to court","content":"1006 Disclosure of offer to court\n(1) No statement that an offer has been made may be included in any\npleading or affidavit.\n(2) If an offer is not accepted, no communication in relation to the offer\nmay be disclosed to the court at trial.\n(3) Despite subrule (2), an offer may be disclosed to the court—\n(a) if a notice of offer provides that the offer is not made without\nprejudice; or\n(b) to the extent necessary to enable the offer to be taken into\naccount for determining an amount of interest up to judgment;\nor\n(c) after all questions of liability and relief have been determined,\nto the extent necessary to determine questions as to costs.\n\nRule 1007\n","sortOrder":309},{"sectionNumber":"1007","sectionType":"section","heading":"Compromises in certain Supreme Court proceedings","content":"1007 Compromises in certain Supreme Court proceedings\n(1) This rule applies to proceedings in the Supreme Court concerning—\n(a) the administration of a deceased person’s estate; or\n(b) property the subject of a trust; or\n(c) the construction of an Act, instrument or other document,\ninvolving any matter in which 1 or more people have the same\ninterest or liability.\n(2) If a compromise affects a person who is not a party but who has the\nsame interest or liability, and the court is satisfied that the\ncompromise will benefit the person, the court may approve a\ncompromise that—\n(a) 1 party has agreed to; or\n(b) the court has sanctioned on behalf of the party.\n(3) A compromise under subrule (2) binds the person who is not a party\nunless the court’s approval of the compromise has been obtained by\nfraud or nondisclosure of material facts.\n","sortOrder":310},{"sectionNumber":"1008","sectionType":"section","heading":"Offer to contribute","content":"1008 Offer to contribute\n(1) An offer in a proceeding must not be brought to the attention of the\ncourt until all questions of liability or amount of debt or damages have\nbeen decided, if in the proceeding—\n(a) one party (the first party) stands to be held liable to another\nparty (the second party) to contribute towards any debt or\ndamages which may be recovered against the second party in the\n(b) the first party, at any time after filing a notice of intention to\nrespond or defence, makes an offer to the second party to\ncontribute to the debt or damages; and\n(c) the offer is made without prejudice to the first party’s defence.\n\nRule 1009\ndebt or damages includes any interest up to judgment claimed on any\ndebt or damages.\n","sortOrder":311},{"sectionNumber":"1009","sectionType":"section","heading":"Offer accepted and no provision for costs","content":"1009 Offer accepted and no provision for costs\n(1) This rule applies if an offer—\n(a) is accepted in relation to a claim; and\n(b) does not make provision for costs in relation to the claim.\n(2) If the offer proposed a judgment in favour of the plaintiff in relation\nto the claim, the plaintiff is entitled to an order against the defendant\nfor the plaintiff’s costs in relation to the claim, assessed on a party\nand party basis up to the time when the offer was made.\n(3) If the offer proposed a judgment in favour of the defendant in relation\nto the claim (including a dismissal of an originating application or\noriginating claim), the defendant is entitled to an order against the\nplaintiff for the defendant’s costs in relation to the claim, assessed on\na party and party basis up to the time when the offer was made.\n","sortOrder":312},{"sectionNumber":"1010","sectionType":"section","heading":"Offer not accepted and judgment no less favourable to","content":"1010 Offer not accepted and judgment no less favourable to\nplaintiff\n(1) This rule applies if an offer is made by the plaintiff in relation to a\nclaim, but not accepted by the defendant, and the plaintiff obtains an\norder or judgment on the claim no less favourable to the plaintiff than\nthe terms of the offer.\n(2) Unless the court orders otherwise, the plaintiff is entitled to an order\nagainst the defendant for the plaintiff’s costs in relation to the claim—\n(a) if the claim is a personal injury claim—assessed on a solicitor\nand client basis for the whole of the proceeding; or\n\nRule 1011\n(i) assessed on a party and party basis up to the time when the\ncosts are to be assessed on a solicitor and client basis under\nsubparagraph (ii); and\n(ii) assessed on a solicitor and client basis—\n(A) if the offer was made before the first day of the trial—\nfrom the day the period for acceptance of the offer\nends; and\n(B) if the offer was made on or after the first day of the\ntrial—at and from 11 am on the day after the offer was\n","sortOrder":313},{"sectionNumber":"1011","sectionType":"section","heading":"Offer not accepted and judgment no more favourable to","content":"1011 Offer not accepted and judgment no more favourable to\nplaintiff\n(1) This rule applies if an offer is made by the defendant in relation to a\nclaim, but not accepted by the plaintiff, and the plaintiff obtains an\norder or judgment on the claim no more favourable to the plaintiff\nthan the terms of the offer.\n(2) Unless the court orders otherwise—\n(a) if the claim is a personal injury claim—the plaintiff—\n(i) is entitled to an order against the defendant for the\nplaintiff’s costs in relation to the claim, assessed on a party\nand party basis up to and including the day the offer was\nmade; and\n(ii) is not entitled to an order against the defendant for the\nplaintiff’s costs in relation to the claim after the day the\noffer was made; but\n(iii) is not required to pay the defendant’s costs in relation to\nthe claim on and from the day the offer was made; or\n\nRule 1012\n(i) the plaintiff is entitled to an order against the defendant for\nthe plaintiff’s costs in relation to the claim, assessed on a\nparty and party basis up to the time when the defendant is\nentitled to costs under subparagraph (ii); and\n(ii) the defendant is entitled to an order against the plaintiff for\nthe defendant’s costs in relation to the claim, assessed on a\nparty and party basis—\n(A) if the offer was made before the first day of the trial—\nfrom the day the period for acceptance of the offer\nends; and\n(B) if the offer was made on or after the first day of the\ntrial—at and from 11 am on the day after the offer was\n","sortOrder":314},{"sectionNumber":"1012","sectionType":"section","heading":"Offer not accepted and judgment no less favourable to","content":"1012 Offer not accepted and judgment no less favourable to\n(1) This rule applies if the offer is made by the defendant, but not\naccepted by the plaintiff, and the defendant obtains an order or\njudgment on the claim no less favourable to the defendant than the\nterms of the offer.\n(2) Unless the court orders otherwise—\n(a) the defendant is entitled to an order against the plaintiff for the\ndefendant’s costs in relation to the claim, to be assessed on a\nparty and party basis, up to the time when the defendant is\nentitled to costs under paragraph (b); and\n(b) the defendant is entitled to an order against the plaintiff for the\ndefendant’s costs in relation to the claim, assessed on a solicitor\nand client basis—\n(i) if the offer was made before the first day of the trial—on\nand from the day after the offer was made; and\n\nRule 1013\n(ii) if the offer was made on or after the first day of the trial—\nat and from 11 am on the day after the offer was made.\n","sortOrder":315},{"sectionNumber":"1013","sectionType":"section","heading":"Costs in relation to interest","content":"1013 Costs in relation to interest\n(1) This rule applies if a plaintiff obtains an order or judgment for the\npayment of a debt or damages, and—\n(a) the amount payable under the order or for which the judgment\nis given includes interest or damages in the nature of interest; or\n(b) the court, by a separate order, awards the plaintiff interest or\ndamages in the nature of interest in relation to the amount.\n(2) In determining the consequences for costs under rule 1010, rule 1011\nor rule 1012, the court must disregard the interest, or damages in the\nnature of interest, that relates to the period after the day the offer was\n(3) For this rule, the court may be informed that the offer was made, and\nthe date that the offer was made, but must not be informed of its terms.\n","sortOrder":316},{"sectionNumber":"1014","sectionType":"section","heading":"Miscellaneous","content":"1014 Miscellaneous\n(1) Before the court makes an order under rule 1010 or rule 1011, the\nparty to whom the offer was made may request that the party making\nthe offer (the offeror) satisfy the court that the offeror was at all\nmaterial times willing and able to carry out the offer.\n(2) If the court is satisfied that the offeror was at all material times willing\nand able to carry out the offer, then, unless the court orders otherwise,\nthe party making the request must pay the costs of the offeror caused\nby the request.\n(3) If the court is not satisfied that the offeror was at all material times\nwilling and able to carry out the offer, then, unless the court orders\notherwise—\n(a) rule 1010 and rule 1011 do not apply; and\n\nRule 1014\n(b) the offeror must pay the costs of the party making the request\ncaused by the request.\n(4) Unless the court orders otherwise, any application for an order for\ncosts under rule 1010 or rule 1011 must be made immediately after\nthe order or judgment giving rise to the entitlement to the order for\ncosts is given.\n\nRule 1100\nDivision 2.11.1 Uncontested debts and liquidated\n","sortOrder":317},{"sectionNumber":"1100","sectionType":"section","heading":"Meaning of prescribed costs amount—div 2.11.1","content":"1100 Meaning of prescribed costs amount—div 2.11.1\nprescribed costs amount means the amount applying under\nschedule 3, part 3.1 (Claim for debt or liquidated demand).\n","sortOrder":318},{"sectionNumber":"1101","sectionType":"section","heading":"Application—div 2.11.1","content":"1101 Application—div 2.11.1\nThis division applies to a proceeding that—\n(a) is for a debt or liquidated demand only; and\n(b) is started by originating claim.\n","sortOrder":319},{"sectionNumber":"1102","sectionType":"section","heading":"Stay of debt etc proceeding on payment of amount","content":"1102 Stay of debt etc proceeding on payment of amount\nsought\n(1) The proceeding is stayed if, within the time allowed for filing any\nnotice of intention to respond or defence, the defendant pays the\nplaintiff—\n(b) any amounts claimed for interest; and\n(c) the prescribed costs amount plus any filing and service fees\nactually paid.\nNote Rule 102 deals with filing and service of a notice of intention to respond\nor defence.\n\nUncontested debts and liquidated demands Division 2.11.1\nRule 1103\n(2) If the proceeding is in the Supreme Court, and could properly have\npayable by the defendant under subrule (1) (c) is the prescribed costs\namount for the Magistrates Court.\n(3) This rule does not apply to the assessment or enforcement of costs.\n","sortOrder":320},{"sectionNumber":"1103","sectionType":"section","heading":"Assessment of costs for stayed debt etc proceeding","content":"1103 Assessment of costs for stayed debt etc proceeding\n(1) This rule applies if a proceeding is stayed under rule 1102 (1).\n(2) The plaintiff may have the plaintiff’s costs assessed if—\n(a) the plaintiff claims for costs and disbursements (other than any\nfiling and service fees actually paid) more than the prescribed\ncosts amount; or\n(b) the plaintiff claims assessed costs.\n(3) If the proceeding is in the Supreme Court, and could properly have\nmentioned in subrule (2) (a) is the prescribed costs amount for the\n","sortOrder":321},{"sectionNumber":"1104","sectionType":"section","heading":"Judgment on acknowledgment of debt or liquidated","content":"1104 Judgment on acknowledgment of debt or liquidated\ndemand\n(1) The defendant may file a statement acknowledging—\n(b) if interest is claimed—interest.\nNote See approved form 2.34 (Acknowledgement of debt or liquidated\ndemand) AF2006-279.\n(2) Subrule (1) does not apply if the defendant has filed a defence or the\nplaintiff has filed an application for default judgment in accordance\nwith these rules.\n\nRule 1104\n(3) On the filing of a statement under subrule (1), the court may enter\njudgment for the plaintiff for—\n(b) if interest is claimed—\n(i) interest worked out in accordance with the rate stated in the\nclaim for relief to the date of judgment; or\n(ii) if no rate of interest is stated in the claim for relief—\ninterest to the date of judgment, or a lump sum instead of\nthat interest, decided by the court; and\n(c) if costs are claimed—\n(i) if the plaintiff has claimed costs and disbursements not\nmore than the prescribed costs amount (plus any filing and\nservice fees actually paid)—the amount claimed for costs\nand disbursements; or\n(ii) in any other case—costs to be agreed or assessed.\n(4) The court may enter judgment for the plaintiff without a hearing.\n(5) In deciding interest or a lump sum for subrule (3) (b), the court may\nhave regard to the rate of interest applying, from time to time, under\nschedule 2, part 2.1 (Interest up to judgment).\n(6) If the period for which interest is to be awarded is not stated in the\nclaim for relief, interest is recoverable only from the date of the issue\nof the originating claim.\n(7) If the proceeding is in the Supreme Court, and could properly have\nmentioned in subrule (3) (c) (i) is the prescribed costs amount for the\n(8) Judgment entered under subrule (3) fully discharges all the plaintiff’s\nclaims in the proceeding.\n\nDefault by plaintiff Division 2.11.2\nRule 1110\n(9) If default judgment against the defendant has been set aside under\nrule 1128, the defendant must not file a statement acknowledging the\namount claimed without the court’s leave.\nDivision 2.11.2 Default by plaintiff\n","sortOrder":322},{"sectionNumber":"1110","sectionType":"section","heading":"Default by plaintiff—dismissal of proceeding","content":"1110 Default by plaintiff—dismissal of proceeding\n(1) A defendant in a proceeding may apply to the court for an order\ndismissing the proceeding for want of prosecution if the plaintiff—\n(a) is required to take a step in the proceeding required by these\nrules, or to comply with an order of the court, not later than the\nend of a particular time; and\n(b) does not do what is required before the end of that time.\n(2) The court may dismiss the proceeding or make any other order it\n(3) An order dismissing the proceeding for want of prosecution may be\nset aside only on appeal or if the parties agree to it being set aside.\n(4) However, the court may amend or set aside an order dismissing the\nproceeding for want of prosecution made in the absence of the\nplaintiff without the need for an appeal.\n\nRule 1115\n","sortOrder":323},{"sectionNumber":"1115","sectionType":"section","heading":"Definitions—div 2.11.3","content":"1115 Definitions—div 2.11.3\naffidavit in support—see rule 1119 (Default judgment—relevant\naffidavits).\nin default—see rule 1117 (When is a defendant in default—\nqualified person means any of the following:\n(a) the plaintiff’s solicitor;\n(b) if the plaintiff is a person with a legal disability—the person’s\nlitigation guardian;\n(c) if the person is a corporation—a member or officer of the\ncorporation with knowledge of the facts as far as they are known\nto the corporation;\n(d) if the plaintiff is a corporation for which a receiver or a receiver\nand manager has been appointed—the receiver or the receiver\nand manager;\n(e) if the plaintiff is a corporation for which a liquidator, provisional\nliquidator or administrator has been appointed—the liquidator,\nprovisional liquidator or administrator;\n(f) if the plaintiff is an incorporated body that can sue and be sued—\na member or officer of the body with knowledge of the facts as\nfar as they are known to the body;\n(g) if the plaintiff is the Commonwealth, a State or a Territory—an\nofficer or employee of the Commonwealth, State or Territory\nwith knowledge of the facts as far as they are known to the\nCommonwealth, State or Territory;\n\nRule 1116\n(h) in any other case—an officer, employee or agent of the plaintiff\nhaving knowledge of the facts as far as they are known to the\nplaintiff.\n","sortOrder":324},{"sectionNumber":"1116","sectionType":"section","heading":"Application—div 2.11.3","content":"1116 Application—div 2.11.3\nThis division applies to—\nNote 2 This division applies to a counterclaim against a person not a party to the\nNote 3 This division applies to a notice including a subsequent party as if the\nnotice were a third-party notice (see r 322 (Third-party notice—fourth\nand subsequent parties)).\n","sortOrder":325},{"sectionNumber":"1117","sectionType":"section","heading":"When is a defendant in default—generally","content":"1117 When is a defendant in default—generally\n(1) For this division, a defendant is in default in relation to a plaintiff’s\nclaim for relief if—\nNote Plaintiff and defendant are defined in r 20.\n(i) the defendant does not file a notice of intention to respond\nor defence within the time required by rule 102 (Notice of\nintention to respond or defence—filing and service) or any\nallowed by the court; or\n\nRule 1117\n(ii) the defendant files a notice of intention to respond within\nthe time required by rule 102 or any further period agreed\nby the parties or allowed by the court, but does not file a\ndefence within the time required by rule 102 or any further\nperiod agreed between the relevant parties or allowed by\nthe court; or\n(iii) the defendant files a conditional notice of intention to\nrespond that becomes an unconditional notice of intention\nto respond but does not file a defence within the time\nrequired by rule 111 (Conditional notice of intention to\nrespond) or any further period agreed between the relevant\nparties or allowed by the court; or\n(iv) the defendant files a defence but the court orders the\ndefence to be struck out; and\nNote Subrule (1) (a) applies to a person not a party to the original proceeding\nwho is included as a party by a counterclaim (see r 462 (4) (a) and (5)).\n(b) for a counterclaim—\n(i) the defendant to the counterclaim does not file an answer\nto the counterclaim within the time required by rule 466 (3)\n(Counterclaim—answer to) or any further period agreed\nbetween the relevant parties or allowed by the court; or\n(ii) the defendant to the counterclaim files an answer to the\ncounterclaim but the court orders the answer to be struck\nout; and\n(c) for a third-party notice—\n(i) the third party does not file a notice of intention to respond\nor defence within the time required by rule 102 or any\nallowed by the court; or\n\nRule 1117\n(ii) the third party files a notice of intention to respond within\nthe time required by rule 102 or any further period agreed\nby the parties or allowed by the court, but does not file a\ndefence within the time required by rule 102 or any further\nperiod agreed between the relevant parties or allowed by\nthe court; or\n(iii) the third party files a conditional notice of intention to\nrespond that becomes an unconditional notice of intention\nto respond but does not file a defence within the time\nrequired by rule 111 or any further period agreed between\nthe relevant parties or allowed by the court; or\n(iv) the third party files a defence but the court orders the\ndefence to be struck out.\nNote 1 Pt 2.3 (Notice of intention to respond and defence) applies to a third-party\nnotice (see r 311 (Third-party notice—notice of intention to respond and\ndefence)).\nNote 2 Rule 425 (Pleadings—striking out) deals with striking out of defences\nand answers.\nNote 3 Rule 6351 (Time—extending and shortening by court order) provides for\n(2) However, the defendant is not in default in relation to the plaintiff’s\nclaim for relief if—\n(i) the proceeding is stayed under rule 1102 (Stay of debt etc\nproceeding on payment of amount sought); or\n(ii) the defendant files a statement under rule 1104 (Judgment\non acknowledgment of debt or liquidated demand); or\n(iii) the defendant files a defence after the time required by rule\n102 or any further period agreed between the relevant\nparties or allowed by the court, but before a default\njudgment is entered against the defendant; or\n\nRule 1118\n(b) for a counterclaim—the defendant to the counterclaim files an\nanswer to the counterclaim after the time required by\nrule 466 (3) or any further period agreed between the relevant\nparties or allowed by the court, but before a default judgment is\nentered against the defendant to the counterclaim; or\n(c) for a third-party notice—the third party files a defence after the\ntime required by rule 102 or any further period agreed between\nthe relevant parties or allowed by the court, but before a default\njudgment is entered against the third party.\n","sortOrder":326},{"sectionNumber":"1118","sectionType":"section","heading":"Default judgment—generally","content":"1118 Default judgment—generally\n(1) If a defendant is in default in relation to a plaintiff’s claim for relief,\nthe plaintiff—\n(a) may apply to the court for judgment to be entered under this\ndivision against the defendant; and\n(b) may carry on the proceeding against any other party to the\n(2) If rule 1126 (Default judgment—other claims) applies in relation to\nthe application, the application must be accompanied by the relevant\naffidavits.\nNote 2 For the meaning of relevant affidavits, see r 1119.\n(3) If rule 1126 does not apply to the application, the application is made\nby filing a draft judgment accompanied by the relevant affidavits.\nNote See approved form 2.35 (Default judgment) AF2016-103.\napplication under subrule (3).\n(5) The draft judgment and relevant affidavits mentioned in subrule (3)\nneed not be served on anyone unless the court otherwise orders on its\n\nRule 1119\n(6) The court may enter judgment under this division (other than\nrule 1126) in favour of the plaintiff without a hearing.\n","sortOrder":327},{"sectionNumber":"1119","sectionType":"section","heading":"Default judgment—relevant affidavits","content":"1119 Default judgment—relevant affidavits\n(1) For an application under rule 1118, the relevant affidavits are—\n(a) for a proceeding started by originating claim—an affidavit of\nservice of the originating claim; and\nNote This division applies to a counterclaim against a person not a party to the\n(b) an affidavit in support of the application (the affidavit in\nsupport) sworn by—\n(i) the plaintiff or, if there are 2 or more plaintiffs, any\n(ii) a qualified person.\nNote See approved form 2.36 (Affidavit in support of application for default\njudgment for debt or liquidated demand) AF2006-281.\n(2) The plaintiff’s solicitor may swear an affidavit in support only if the\nsource of the knowledge of the facts deposed is—\n(a) the plaintiff; or\n(b) if there are 2 or more plaintiffs—any plaintiff; or\n(c) another qualified person.\n\nRule 1120\n(3) An affidavit in support must be sworn not earlier than 14 days before\nthe day the affidavit is filed in the court.\nNote For what must be included in an affidavit of support, see the following\nrules dealing with default judgment for particular kinds of claims:\n• r 1120 (Default judgment—debt or liquidated demand)\n• r 1122 (Default judgment—unliquidated damages)\n• r 1123 (Default judgment—detention of goods)\n• r 1124 (Default judgment—recovery of possession of land)\n• r 1125 (Default judgment—mixed claims)\n• r 1126 (Default judgment—other claims).\n","sortOrder":328},{"sectionNumber":"1120","sectionType":"section","heading":"Default judgment—debt or liquidated demand","content":"1120 Default judgment—debt or liquidated demand\ndefault is for a debt, liquidated demand or claim for unliquidated\ndamages mentioned in rule 418 (2) (Pleadings—amount of\nunliquidated damages), with or without interest.\ngenerally), the court may enter judgment for the plaintiff for an\namount not more than the amount claimed, together with—\n(a) if interest is claimed—the amount of interest stated in the\naffidavit in support; and\n(b) if costs are claimed—\n(i) the amount of costs stated in the affidavit in support; or\n(ii) costs to be agreed or assessed.\n(3) The affidavit in support mentioned in rule 1119 must—\n(a) state the amount owing to the plaintiff, in relation to the claim\nfor relief, at the time the originating claim was filed; and\n(b) give particulars of any reduction of the amount owing, and costs,\nbecause of any payments made, or credits accrued, since the\noriginating claim was filed; and\n\nRule 1121\n(c) if interest is claimed, include—\n(i) a statement of the amount of interest claimed; and\n(ii) a statement that the amount of interest is worked out in\naccordance with—\n(A) the rate stated in the plaintiff’s claim for relief; or\n(B) the rate of interest applying from time to time under\nschedule 2, part 2.1 (Interest up to judgment); and\n(d) if costs are claimed, include—\n(i) under schedule 3, part 3.2 (Default judgment)—\n(A) a statement of the amount of costs claimed; and\n(B) a copy of each invoice and receipt for the filing and\nservice fees paid in relation to the claim for relief; or\n(ii) in any other case—a statement that costs are to be agreed\nor assessed.\n(4) If the period for which interest is to be awarded is not stated in the\nclaim for relief, interest is recoverable only from the date of the issue\nof the originating claim.\n","sortOrder":329},{"sectionNumber":"1121","sectionType":"section","heading":"Default judgment for debt or liquidated demand—","content":"1121 Default judgment for debt or liquidated demand—\nassessment of costs\n(a) a plaintiff’s claim for relief against a defendant in default is only\nfor a debt or liquidated demand, with or without interest; and\n(b) the court enters judgment for the plaintiff under rule 1120.\n\nRule 1122\n(2) The plaintiff’s costs and disbursements (plus any filing and service\nfees actually paid) must be allowed without assessment if the costs\nand disbursements claimed (other than any filing and service fees\nactually paid) are not more than the costs amount applying, from time\nto time, under schedule 3, part 3.2 (Default judgment).\n(3) Subrule (2) is subject to rule 1725 (Solicitors’ costs and determined\nfees—Supreme Court judgment within Magistrates Court\njurisdiction).\n(4) The plaintiff’s costs and disbursements must be agreed or assessed if\nthe costs and disbursements claimed (other than any filing and service\nfees actually paid) are more than the costs amount applying under\nschedule 3, part 3.2 (Default judgment).\n","sortOrder":330},{"sectionNumber":"1122","sectionType":"section","heading":"Default judgment—unliquidated damages","content":"1122 Default judgment—unliquidated damages\ndefault is for unliquidated damages, with or without another claim.\ngenerally), the court may enter judgment for the plaintiff against the\ndefendant for damages to be assessed.\n(3) The affidavit in support mentioned in rule 1119 (Default judgment—\nrelevant affidavits) must state—\n(a) that the proceeding has not been settled with the defendant; and\n(b) any amounts paid in relation to the damages.\n(4) For an application in the Magistrates Court, the court may decide the\nclaim without listing the matter for hearing.\n\nRule 1123\n","sortOrder":331},{"sectionNumber":"1123","sectionType":"section","heading":"Default judgment—detention of goods","content":"1123 Default judgment—detention of goods\ndefault is for the detention of goods only.\n(2) On application by the plaintiff under rule 1118, the court may enter\njudgment for the plaintiff against the defendant, in accordance with\nthe plaintiff’s claim for relief, for either—\n(a) the return of the goods to the plaintiff, or payment to the plaintiff\nof the value of the goods and costs; or\n(b) payment to the plaintiff of the value of the goods and costs.\n(3) The affidavit in support mentioned in rule 1119 must—\n(a) state which goods have, and which have not, been delivered to\nthe plaintiff since the originating claim or counterclaim was\nfiled; and\n(b) give particulars of any payments the defendant has made to the\nplaintiff for the goods, or state that no payments have been\nmade, since the originating claim or counterclaim was filed; and\n(c) state the costs claimed.\n(4) If the court enters judgment under subrule (2) (a), and the plaintiff\nsubsequently applies for an order under this subrule, the court may\nmake an order for the return of the goods to the plaintiff without the\noption of the defendant paying the value of the goods.\n(5) If the court enters judgment under this rule for the return of goods, it\nmay state a date before which the return must take place.\n(6) If the court enters judgment for the return of goods, but the goods are\nsubsequently damaged, destroyed or otherwise made unavailable for\nreturn, the court may, on the plaintiff’s application, order the\ndefendant to pay the value of the goods to the plaintiff.\n\nRule 1124\nvalue, of the goods, means the value as assessed by, or in accordance\nwith the directions of, the court.\n","sortOrder":332},{"sectionNumber":"1124","sectionType":"section","heading":"Default judgment—recovery of possession of land","content":"1124 Default judgment—recovery of possession of land\ndefault is for the recovery of possession of land only.\ngenerally), the court may enter judgment for the plaintiff for—\n(a) recovery of possession of the land as against the defendant; and\n(b) the following costs:\n(i) costs for issuing the originating claim or counterclaim;\n(ii) costs for obtaining judgment;\n(iii) any other fees and payments, to the extent they have been\nreasonably incurred and paid.\n(3) If, before judgment is entered, a person files an application under\ndivision 2.4.2 (Including and substituting parties) for the person to be\nincluded as a defendant, the court must not enter judgment under this\nrule until it disposes of the application.\n(4) The affidavit in support mentioned in rule 1119 (Default judgment—\nrelevant affidavits) must—\n(a) identify anyone (other than the parties to the proceeding) who is\nin possession of the land or any part of it—\n(i) at the time the originating claim was filed; or\n\nRule 1124\n(ii) if the claim for possession arises from an amendment to the\noriginating claim—at the time the amendment was made;\nand\nNote This division applies to a counterclaim against a person not a party to the\n(b) for each person mentioned in paragraph (a), state—\n(i) that the person’s possession of the land is not to be\ndisturbed; or\n(ii) that the person no longer possesses any part of the land; or\n(iii) that the person has been served with the originating claim\nand that the person—\n(A) has not applied for leave to file a notice of intention\nto respond or defence under rule 151 (Proceeding for\npossession of land—leave to file defence etc); or\n(B) has been given leave to file a notice of intention to\nrespond or defence but has not filed the notice or\ndefence in accordance with rule 152 (Proceeding for\npossession of land—filing defence etc); and\n(c) if the claim for possession of the land arises from a failure to pay\nthe amount—give particulars of the failure; and\n(d) state the costs claimed.\n\nRule 1125\n","sortOrder":333},{"sectionNumber":"1125","sectionType":"section","heading":"Default judgment—mixed claims","content":"1125 Default judgment—mixed claims\n(1) This rule applies if a plaintiff’s claims for relief against a defendant\nin default include 2 or more of the claims mentioned in the following\nrules and no other claim:\n• rule 1120 (Default judgment—debt or liquidated demand)\n• rule 1122 (Default judgment—unliquidated damages)\n• rule 1123 (Default judgment—detention of goods)\n• rule 1124 (Default judgment—recovery of possession of land).\ngenerally), the plaintiff is entitled to have judgment entered for the\nplaintiff against the defendant on all or any of the claims that the\nplaintiff could obtain under those rules as if that were the plaintiff’s\nonly claim against the defendant.\n(3) For an application under this rule, the affidavit in support mentioned\nin rule 1119 (Default judgment—relevant affidavits) must comply\nwith the requirements of this division in relation to each claim.\n","sortOrder":334},{"sectionNumber":"1126","sectionType":"section","heading":"Default judgment—other claims","content":"1126 Default judgment—other claims\n(1) This rule applies if a defendant is in default and the plaintiff is not\nentitled to apply for judgment under any of the following rules:\n• rule 1120 (Default judgment—debt or liquidated demand)\n• rule 1122 (Default judgment—unliquidated damages)\n• rule 1123 (Default judgment—detention of goods)\n• rule 1124 (Default judgment—recovery of possession of land).\ngenerally), the court may enter the judgment it considers is justified\non the plaintiff’s claim for relief even if the judgment was not\nclaimed.\n\nRule 1127\n(3) The affidavit in support mentioned in rule 1119 (Default judgment—\nrelevant affidavits) must state—\n(a) that the proceeding has not been settled with the defendant; and\n(b) the costs claimed.\n","sortOrder":335},{"sectionNumber":"1127","sectionType":"section","heading":"Default judgment—costs only","content":"1127 Default judgment—costs only\n(1) The court may enter judgment for a plaintiff against a defendant in\ndefault for costs alone if, under this division—\n(a) the plaintiff is entitled to judgment against the defendant for any\nrelief and for costs; and\n(b) the defendant satisfies the plaintiff’s claim for relief; and\n(c) because the defendant has satisfied the plaintiff’s claim for\nrelief, it is unnecessary for the plaintiff to continue the\nproceeding against the defendant.\ngenerally), the court may enter judgment for the plaintiff against a\ndefendant in default for costs alone if, whatever the plaintiff’s claim\nfor relief against the defendant—\n(a) the defendant satisfies the plaintiff’s claim for relief or complies\nwith the plaintiff’s demands; or\n(b) it otherwise becomes unnecessary for the plaintiff to continue\nthe proceeding against the defendant.\n","sortOrder":336},{"sectionNumber":"1128","sectionType":"section","heading":"Default judgment—setting aside etc","content":"1128 Default judgment—setting aside etc\n(1) The court may, by order, amend or set aside a judgment entered under\nthis division, and any enforcement of it.\n\nRule 1135\n(2) Without limiting rule 6901 (Orders may be made on conditions), an\norder may be made on any of the following conditions:\n(a) conditions about costs;\n(b) conditions about giving security.\n","sortOrder":337},{"sectionNumber":"1135","sectionType":"section","heading":"Definitions—div 2.11.4","content":"1135 Definitions—div 2.11.4\nin default—see rule 1137 (When is a defendant in default—partial\ndefence).\nundefended part of the claim—see rule 1137.\n","sortOrder":338},{"sectionNumber":"1136","sectionType":"section","heading":"Application—div 2.11.4","content":"1136 Application—div 2.11.4\nThis division applies to—\nNote 2 This division applies to a counterclaim against a person not a party to the\nNote 3 This division applies to a notice including a subsequent party as if the\nnotice were a third-party notice (see r 322 (Third-party notice—fourth\nand subsequent parties).\n\nDefault by defendant—partial defence Division 2.11.4\nRule 1137\n","sortOrder":339},{"sectionNumber":"1137","sectionType":"section","heading":"When is a defendant in default—partial defence","content":"1137 When is a defendant in default—partial defence\n(1) A defendant is in default in relation to a part of a plaintiff’s claim for\nrelief (the undefended part of the claim) if—\n(a) the defendant files a defence but not to the undefended part of\nthe claim; and\n(b) the undefended part of the claim is a separate cause of action or\nis severable from the rest of the claim; and\n(c) the court gives leave to the plaintiff to enter judgment against\nthe defendant for the undefended part of the claim.\n(2) However, a defendant is not in default in relation to an undefended\npart of the claim if—\n(i) the proceeding, or the undefended part of the claim, is\nstayed under rule 1102 (Stay of debt etc proceeding on\npayment of amount sought); or\n(ii) the defendant files a statement under rule 1104 (Judgment\non acknowledgment of debt or liquidated demand) in\nrelation to the undefended part of the claim; or\n(iii) the defendant files a defence to the undefended part of the\nclaim after the time required by rule 102 (Notice of\nintention to respond or defence—filing and service) or any\nallowed by the court, but before a default judgment is\nentered against the defendant in relation to the undefended\npart of the claim; or\n\nRule 1138\n(b) for a counterclaim—the defendant to the counterclaim files an\nanswer to the undefended part of the counterclaim after the time\nrequired by rule 466 (3) (Counterclaim—answer to) or any\nfurther period agreed between the relevant parties or allowed by\nthe court, but before a default judgment is entered against the\ndefendant to the counterclaim in relation to the undefended part\nof the claim; or\n(c) for a third-party notice—the third party files a defence after the\ntime required by rule 102 or any further period agreed between\nthe relevant parties or allowed by the court, but before a default\njudgment is entered against the third party in relation to the\nundefended part of the claim.\n","sortOrder":340},{"sectionNumber":"1138","sectionType":"section","heading":"Default judgment—partial defence","content":"1138 Default judgment—partial defence\n(1) If a defendant is in default in relation to the undefended part of the\nclaim, the plaintiff may—\n(a) apply to the court for judgment to be entered under this division\nagainst the defendant in relation to the undefended part of the\nclaim; and\n(b) carry on the proceeding against—\n(i) the defendant in relation to the rest of the proceeding; and\n(ii) any other party to the proceeding.\n(2) If rule 1126 (Default judgment—other claims) applies in relation to\nthe application, the application must be accompanied by the relevant\naffidavits.\nNote 1 Rule 1126 may be applied to the undefended part of the claim by r 1139.\nNote 3 For the meaning of relevant affidavits, see r 1119 (as applied by r 1139).\n\nDefault by defendant—partial defence Division 2.11.4\nRule 1139\n(3) If rule 1126 does not apply in relation to the application, the\napplication is made by filing a draft judgment accompanied by the\nrelevant affidavits.\napplication under subrule (3).\n(5) The draft judgment and relevant affidavits mentioned in subrule (3)\nneed not be served on anyone unless the court otherwise orders on its\n(6) The court may enter judgment under this division in favour of the\nplaintiff in relation to the undefended part of the claim without a\n(7) Subrule (2) does not apply to the undefended part of the claim if\nrule 1126 would apply to the undefended part of the claim if it were\na separate claim for relief.\n","sortOrder":341},{"sectionNumber":"1139","sectionType":"section","heading":"Default judgment—application of div 2.11.3","content":"1139 Default judgment—application of div 2.11.3\n(1) Division 2.11.3 (other than a non-applied rule) applies to the\nundefended part of the claim as if it were a separate claim for relief.\nnon-applied rule means any of the following rules:\n• rule 1116 (Application—div 2.11.3)\n• rule 1117 (When is a defendant in default—generally)\n• rule 1118 (Default judgment—generally)\n• rule 1121 (Default judgment for debt or liquidated demand—\nassessment of costs)\n• rule 1127 (Default judgment—costs only).\n(3) If the court enters judgment for the plaintiff against a defendant under\nthis division, it must not make an order for costs in relation to the\nundefended part of the claim until judgment is entered on the\ndefended part of the claim.\n\nRule 1145\n","sortOrder":342},{"sectionNumber":"1145","sectionType":"section","heading":"Application—div 2.11.5","content":"1145 Application—div 2.11.5\n(1) This division applies to—\n(2) However, despite rule 39 (3) (Proceeding incorrectly started by\noriginating application), this division applies to a proceeding started\nby an originating application only if the court orders the plaintiff to\nfile and serve a statement of claim.\n","sortOrder":343},{"sectionNumber":"1146","sectionType":"section","heading":"Summary judgment—for plaintiff","content":"1146 Summary judgment—for plaintiff\n(1) The plaintiff may, at any time after a defendant files a notice of\nintention to respond or defence, apply to the court for summary\njudgment against the defendant.\n(2) The court may give judgment for the plaintiff against the defendant\nfor all or a part of the plaintiff’s claim for relief, unless satisfied that—\n(a) the defendant has a good defence to the claim for relief on the\nmerits; or\n(b) sufficient facts are disclosed to entitle the defendant to defend\nthe claim for relief generally.\n(3) Without limiting subrule (2), the court may give judgment for the\nplaintiff for damages to be assessed.\n\nSummary judgment Division 2.11.5\nRule 1147\n(4) The court may make any other order it considers appropriate.\n1 The court may give the defendant leave to defend on conditions.\n2 The court may order the defendant to pay an amount into court.\n(5) If the plaintiff’s claim is for the return of a particular goods (whether\nor not the claim includes a claim for hire or damages for detention),\nthe court may make an order for the return of the goods to the plaintiff\nwithout giving the defendant the option of keeping the goods and\npaying the value of the goods.\nNote For the enforcement of the order, see r 2441 (Enforcement—orders for\nreturn of goods etc).\ndamages includes the value of goods.\n","sortOrder":344},{"sectionNumber":"1147","sectionType":"section","heading":"Summary judgment—for defendant","content":"1147 Summary judgment—for defendant\n(1) A defendant may apply to the court for summary judgment against a\nplaintiff at any time after filing a notice of intention to respond or\n(2) The court may give judgment for the defendant against the plaintiff\nfor the plaintiff’s claim for relief (or part of it) if satisfied—\n(a) that the claim (or part of it) is frivolous or vexatious; or\n(b) that there is a good defence to the claim (or part of it) on the\nmerits; or\n(c) that the proceeding should be finally disposed of summarily or\nwithout pleadings.\n(3) The court may make any other order it considers appropriate.\nstay the proceeding\n\nRule 1148\n","sortOrder":345},{"sectionNumber":"1148","sectionType":"section","heading":"Claims not disposed of by summary disposal","content":"1148 Claims not disposed of by summary disposal\n(1) If the giving of judgment or the making of orders under this division\ndoes not dispose of all claims for relief in issue in a proceeding, the\ngiving of judgment or making of the orders does not prevent the\ncontinuation of any part of the proceeding not disposed of.\n(2) A second or later application under this division may be made with\nthe court’s leave.\n","sortOrder":346},{"sectionNumber":"1149","sectionType":"section","heading":"Evidence in summary judgment proceedings","content":"1149 Evidence in summary judgment proceedings\n(1) Evidence must be given by affidavit in support of an application\nunder this division unless the court gives leave.\n(2) An affidavit may contain statements of information and belief if the\nperson making the affidavit states the sources of the information and\nthe reasons for the belief.\n(3) A party to an application under this division who intends to rely on a\ndocument must—\n(a) annex or exhibit the document to an affidavit; or\n(b) identify in an affidavit the provisions relied on to the extent the\nparty is able to identify them.\n(4) A person who makes an affidavit to be read in an application under\nthis division may not be cross-examined without the court’s leave.\n","sortOrder":347},{"sectionNumber":"1150","sectionType":"section","heading":"Summary judgment applications—filing and service","content":"1150 Summary judgment applications—filing and service\n(1) A party applying for judgment under this division against another\nparty must file and serve the other party with the following documents\nat least 8 days before the return date for the application:\n(a) the application;\n\nSummary judgment Division 2.11.5\nRule 1151\n(b) a stamped copy of each affidavit on which the party intends to\nrely.\n(2) At least 4 days before the return date, the other party must file and\nserve on the party a stamped copy of any affidavit on which the other\nparty intends to rely.\n(3) At least 2 days before the return date, the party must file and serve on\nthe other party a stamped copy of any affidavit in reply to the other\nparty’s affidavit on which the party intends to rely.\n(4) This rule applies despite anything in rule 6008 (Application in\nproceeding—filing and service).\n","sortOrder":348},{"sectionNumber":"1151","sectionType":"section","heading":"Summary judgment applications—directions etc","content":"1151 Summary judgment applications—directions etc\n(a) the court dismisses an application for judgment under this\ndivision; or\n(b) a judgment under this division does not dispose of all claims for\nrelief in a proceeding.\n(2) The court may give directions about the future conduct of the\nNote 2 The court has a general power to make directions about the conduct of a\n\nRule 1152\n","sortOrder":349},{"sectionNumber":"1152","sectionType":"section","heading":"Summary judgment applications—costs","content":"1152 Summary judgment applications—costs\n(1) If it appears to the court that a party who applied for judgment under\nthis division was or ought reasonably to have been aware that a\nrespondent to the application relied on a point that would entitle that\nparty to have the application dismissed, the court may dismiss the\napplication and order costs to be paid on an indemnity basis.\n(2) This rule does not limit the court’s powers in relation to costs.\n","sortOrder":350},{"sectionNumber":"1153","sectionType":"section","heading":"Summary judgment—stay of enforcement","content":"1153 Summary judgment—stay of enforcement\nThe court may order a stay of the enforcement of a judgment given\nunder this division for the time it considers appropriate.\n","sortOrder":351},{"sectionNumber":"1154","sectionType":"section","heading":"Summary judgment—relief from forfeiture","content":"1154 Summary judgment—relief from forfeiture\nA tenant has the same right to relief against forfeiture for nonpayment\nof rent after judgment for possession of land is given under this\ndivision as if the judgment had been given after a trial.\n","sortOrder":352},{"sectionNumber":"1155","sectionType":"section","heading":"Summary judgment—setting aside","content":"1155 Summary judgment—setting aside\nThe court may amend or set aside a judgment given on an application\nunder this division against a party who did not appear at the hearing\nof the application.\n\nDiscontinuance and withdrawal Division 2.11.6\nRule 1160\n","sortOrder":353},{"sectionNumber":"1160","sectionType":"section","heading":"Discontinuance or withdrawal by plaintiff","content":"1160 Discontinuance or withdrawal by plaintiff\n(1) A plaintiff may discontinue a proceeding, or withdraw a part of it, at\nany time before the court sets a date for the hearing of the originating\n(2) A plaintiff may discontinue a proceeding, or withdraw part of it, at\nany other time only with the court’s leave or the agreement of the\nother active parties.\n(3) Also, if there is more than 1 plaintiff, or a counterclaim against a\nplaintiff, a plaintiff may only discontinue or withdraw with the court’s\nleave or the agreement of the other active parties.\n(4) A plaintiff may discontinue against 1 or more defendants without\ndiscontinuing against other defendants.\n(5) Each party who agrees to a proceeding being discontinued, or part of\nit being withdrawn, must agree in writing.\n","sortOrder":354},{"sectionNumber":"1161","sectionType":"section","heading":"Discontinuance or withdrawal of counterclaim by","content":"1161 Discontinuance or withdrawal of counterclaim by\nA defendant may discontinue a counterclaim, or withdraw part of it—\n(a) before being served with the plaintiff’s answer to the\ncounterclaim; or\n(b) after being served with the plaintiff’s answer to the\ncounterclaim—only with the court’s leave or the agreement of\nthe other active parties.\n\nRule 1162\n","sortOrder":355},{"sectionNumber":"1162","sectionType":"section","heading":"Withdrawal of notice of intention to respond","content":"1162 Withdrawal of notice of intention to respond\nA party may withdraw the party’s notice of intention to respond at\nany time with the court’s leave or the agreement of the other parties.\n","sortOrder":356},{"sectionNumber":"1163","sectionType":"section","heading":"Costs of discontinuance or withdrawal","content":"1163 Costs of discontinuance or withdrawal\n(1) A party who discontinues or withdraws is liable to pay—\n(a) the costs of the party to whom the discontinuance or withdrawal\nrelates up to when the notice of discontinuance or withdrawal is\nserved on the party; and\n(b) the costs of another party or parties caused by the discontinuance\nor withdrawal up to when the notice of discontinuance or\nwithdrawal is served on the party.\n(2) If a party discontinues or withdraws with the court’s leave, the court\nmay make the order for costs it considers appropriate.\n","sortOrder":357},{"sectionNumber":"1164","sectionType":"section","heading":"Withdrawal of defence or further pleading","content":"1164 Withdrawal of defence or further pleading\n(1) A party may withdraw all or part of the answer to a counterclaim.\n(2) A defendant may withdraw all or part of the defence.\n(3) For a proceeding started by originating application, a defendant may\nwithdraw all or part of an affidavit.\n(4) However, this rule does not allow a party to withdraw an admission\nor another matter operating for the benefit of another active party\nwithout the other party’s agreement or the court’s leave.\n\nDiscontinuance and withdrawal Division 2.11.6\nRule 1165\n","sortOrder":358},{"sectionNumber":"1165","sectionType":"section","heading":"Notice of discontinuance or withdrawal","content":"1165 Notice of discontinuance or withdrawal\n(1) A discontinuance or withdrawal for which the court’s leave is not\nrequired may be made by filing a notice of discontinuance or\nwithdrawal and serving a stamped copy of the notice on the other\nactive parties to the proceeding.\nNote 1 See approved form 2.37 (Notice of discontinuance or withdrawal)\nAF2006-282.\nNote 2 A party may withdraw an admission made in a pleading only with the\ncourt’s leave (see r 492 (Admissions—withdrawal)).\n(2) A discontinuance or withdrawal for which the court’s leave is\nrequired is made by the order giving leave and a notice of\ndiscontinuance or withdrawal is not required.\n","sortOrder":359},{"sectionNumber":"1166","sectionType":"section","heading":"Discontinuance or withdrawal by party representing","content":"1166 Discontinuance or withdrawal by party representing\nsomeone else etc\n(1) If a party represents someone else in a proceeding, the party may\ndiscontinue the proceeding, or withdraw part of it, only with the\n(2) If a party does not represent someone else in a proceeding, and the\nparty discontinues or withdraws, the party (or the party’s solicitor)\nmust certify in the notice of discontinuance or withdrawal that the\nparty does not represent someone else in the proceeding.\n","sortOrder":360},{"sectionNumber":"1167","sectionType":"section","heading":"Discontinuance or withdrawal—subsequent proceeding","content":"1167 Discontinuance or withdrawal—subsequent proceeding\n(1) A discontinuance or withdrawal under this division is not a defence\nto another proceeding on the same or substantially the same ground.\n(2) Subrule (1) is subject to the conditions of any agreement to the\ndiscontinuance or withdrawal or any leave to discontinue or\nwithdraw.\n\nRule 1168\n(3) A party who is served with another party’s notice of withdrawal may\ncontinue with the proceeding as if the other party’s notice of intention\nto respond or defence had not been filed.\n","sortOrder":361},{"sectionNumber":"1168","sectionType":"section","heading":"Consolidated proceedings and counterclaims","content":"1168 Consolidated proceedings and counterclaims\nThe plaintiff’s discontinuance of a proceeding does not prejudice a\nproceeding consolidated with it or a counterclaim made by the\n","sortOrder":362},{"sectionNumber":"1169","sectionType":"section","heading":"Stay pending payment of costs","content":"1169 Stay pending payment of costs\n(1) This rule applies if, because of a discontinuance or withdrawal under\nthis division, a party is liable to pay the costs of another party, and\nthe party, before paying the costs, starts another proceeding on the\nsame or substantially the same grounds.\n(2) The court may order a stay of the subsequent proceeding until the\ncosts are paid.\n","sortOrder":363},{"sectionNumber":"1175","sectionType":"section","heading":"Purpose—div 2.11.7","content":"1175 Purpose—div 2.11.7\nThis division does not prevent the parties to a proceeding from\nagreeing to, and arranging for, mediation or neutral evaluation of any\nmatter otherwise than under this division.\n","sortOrder":364},{"sectionNumber":"1176","sectionType":"section","heading":"Definitions—div 2.11.7","content":"1176 Definitions—div 2.11.7\n(1) For this division, mediation is a structured negotiation process in\nwhich the mediator, as a neutral and independent party, assists the\nparties to a dispute to achieve their own resolution of the dispute.\n(2) For this division, mediation session means a meeting arranged for the\nmediation of a matter under this division.\n\nMediation and neutral evaluation Division 2.11.7\nRule 1177\n(3) For this division, neutral evaluation is a process of evaluation of a\ndispute in which the evaluator seeks to identify and reduce the issues\nof fact and law that are in dispute.\n(4) The evaluator’s role includes assessing the relative strengths and\nweaknesses of each party’s case and offering an opinion about the\nlikely outcome of the proceeding, including any likely findings of\nliability or the award of damages.\n(5) For this division, neutral evaluation session means a meeting\narranged for the neutral evaluation of a matter under this division.\n","sortOrder":365},{"sectionNumber":"1177","sectionType":"section","heading":"Mediation—appointment of mediator","content":"1177 Mediation—appointment of mediator\n(1) A person can be a mediator if the person—\n(a) is an accredited mediator; and\n(b) is appointed by the court as a mediator.\n(2) The Legislation Act, part 19.3 (Appointments) does not apply to the\nappointment of a mediator under this rule.\naccredited mediator—see the Act, section 52A.\n","sortOrder":366},{"sectionNumber":"1178","sectionType":"section","heading":"Neutral evaluation—appointment of evaluator","content":"1178 Neutral evaluation—appointment of evaluator\n(1) The following people can be an evaluator:\n(a) the registrar of the court;\n(b) someone else that the court considers has the skills and\nqualifications to be an evaluator and appoints as an evaluator.\n(2) The Legislation Act, part 19.3 (Appointments) does not apply to the\nappointment of an evaluator under this rule.\n\nRule 1179\n","sortOrder":367},{"sectionNumber":"1179","sectionType":"section","heading":"Mediation or neutral evaluation—referral by court","content":"1179 Mediation or neutral evaluation—referral by court\n(1) The court may, by order, refer a proceeding, or any part of a\nproceeding, for mediation or neutral evaluation.\n(2) The court may make an order on application by a party to the\nproceeding or on its own initiative.\n(3) If the court makes an order under subrule (1) for mediation, the\nmediation must be undertaken only by a mediator appointed by the\n(4) If the court makes an order under subrule (1) for neutral evaluation,\nthe neutral evaluation must be undertaken only by an evaluator\nappointed by the court.\n","sortOrder":368},{"sectionNumber":"1180","sectionType":"section","heading":"Mediation or neutral evaluation—duty of parties to take","content":"1180 Mediation or neutral evaluation—duty of parties to take\npart\nEach party to a proceeding, or part of a proceeding, referred for\nmediation or neutral evaluation under rule 1179 has a duty to take\npart, genuinely and constructively, in the mediation or neutral\nevaluation.\n","sortOrder":369},{"sectionNumber":"1181","sectionType":"section","heading":"Mediation or neutral evaluation—costs","content":"1181 Mediation or neutral evaluation—costs\n(1) The costs of a mediation or neutral evaluation are payable—\n(a) by the parties to the proceeding, in the proportions they agree\namong themselves; or\n(b) if the court makes an order about the payment of the costs—by\n1 or more of the parties, in the way stated in the order.\ncosts includes costs incurred by the court or a party or someone else.\n\nMediation and neutral evaluation Division 2.11.7\nRule 1182\n","sortOrder":370},{"sectionNumber":"1182","sectionType":"section","heading":"Mediation or neutral evaluation—agreements and","content":"1182 Mediation or neutral evaluation—agreements and\narrangements arising from sessions\n(1) The court may make orders to give effect to an agreement or\narrangement between the parties arising out of a mediation session or\nneutral evaluation.\n(2) This division does not affect the enforceability of any other\nagreement or arrangement that may be made, whether or not arising\nout of a mediation session or neutral evaluation, in relation to the\nmatters that are the subject of the mediation session or neutral\nevaluation.\nNote For provisions about privilege, secrecy and protection in relation to\nmediators, see the Act, pt 5A.\n","sortOrder":371},{"sectionNumber":"1183","sectionType":"section","heading":"Neutral evaluation—privilege","content":"1183 Neutral evaluation—privilege\n(1) The same privilege in relation to defamation that exists for a\nproceeding in the court, and a document in a proceeding, exists for—\n(a) a neutral evaluation session; or\n(b) a document or thing sent to or produced to an evaluator; or\n(c) a document or thing sent to, or produced at, the court to enable\na neutral evaluation session to be arranged.\n(2) However, the privilege under subrule (1) only extends to a publication\n(a) at a neutral evaluation session; or\n(b) as provided by subrule (1) (b) or (c); or\n(c) as provided in rule 1184.\nneutral evaluation session includes any steps taken while making\narrangements for the session or during the follow-up of a session.\n\nRule 1184\n","sortOrder":372},{"sectionNumber":"1184","sectionType":"section","heading":"Evaluators—secrecy","content":"1184 Evaluators—secrecy\nAn evaluator may disclose information obtained in relation to the\nadministration or enforcement of this division only in the following\ncircumstances:\n(a) with the consent of the person who provided the information;\n(b) for the administration or enforcement of this division;\n(c) if there are reasonable grounds to believe the disclosure is\nnecessary to prevent or reduce the danger of death or injury to\nanyone or damage to any property;\n(d) if the disclosure—\n(i) is reasonably required for the referral to an entity of any\nparty to a neutral evaluation session; and\n(ii) is made to assist the resolution of a dispute between the\nparties, or assist the parties in any other way; and\n(iii) is made with the consent of the parties to the neutral\nevaluation session;\n(e) in accordance with a requirement imposed under a territory law\nor a law of the Commonwealth (other than a requirement\nimposed by a subpoena or other compulsory process).\n","sortOrder":373},{"sectionNumber":"1185","sectionType":"section","heading":"Evaluators—protection from liability","content":"1185 Evaluators—protection from liability\nAn evaluator is not personally liable for anything done or omitted to\nbe done honestly for a neutral evaluation session under this division.\n\nExpert evidence generally Division 2.12.1\nRule 1200\nNote to pt 2.12\nPt 6.10 contains provisions about evidence generally.\n","sortOrder":374},{"sectionNumber":"1200","sectionType":"section","heading":"Purposes—pt 2.12","content":"1200 Purposes—pt 2.12\nThe purposes of this part are as follows:\n(a) to ensure the court has control over the giving of expert\nevidence;\n(b) to restrict expert evidence in a proceeding to that which is\nreasonably necessary to resolve the proceeding;\n(c) to avoid unnecessary costs associated with parties retaining\ndifferent experts;\n(d) to ensure expert witnesses are bound by a code of conduct;\n(e) if practicable and without compromising the interests of\njustice—to enable expert evidence to be given on an issue in a\nproceeding by a single expert agreed to by the parties or\nappointed by the court;\n(f) if necessary to ensure a fair trial of a proceeding—to allow for\n2 or more experts to give evidence on an issue in the proceeding.\n","sortOrder":375},{"sectionNumber":"1201","sectionType":"section","heading":"Meaning of code of conduct—pt 2.12","content":"1201 Meaning of code of conduct—pt 2.12\ncode of conduct means the expert witness code of conduct in\nschedule 1.\n\nRule 1202\n","sortOrder":376},{"sectionNumber":"1202","sectionType":"section","heading":"Meaning of expert, expert witness and expert report","content":"1202 Meaning of expert, expert witness and expert report\n(1) In these rules:\nexpert, in relation to a proceeding, means a person who—\n(a) has specialised knowledge about matters relevant to an issue\narising in the proceeding based on the person’s training, study\nor experience; and\n(b) would, if called as a witness at the trial of the proceeding, be\nqualified to give opinion evidence as an expert witness in\nrelation to the issue.\nexpert witness, in relation to a proceeding, means an expert appointed\nor engaged to do either or both of the following:\n(a) to provide a report about the expert’s opinion for use as evidence\nin the proceeding;\n(b) to give opinion evidence in the proceeding.\n(2) In these rules, an expert report, in relation to a proceeding, is a written\nstatement by an expert (whether or not an expert witness in the\nproceeding), if the statement complies with the following\nrequirements:\n(a) the statement sets out the expert’s opinion and the facts on which\nthe opinion is formed;\n(b) the statement includes the substance of the expert’s evidence\nthat the party serving the statement intends to adduce in\nevidence in chief at the trial of the proceeding.\n(3) However, if the expert provides 2 or more written statements for a\nparty for the proceeding, each of the statements is an expert report if\nthe statements, taken together, comply with subrule (2) (a) and (b).\n\nExpert evidence generally Division 2.12.1\nRule 1203\n","sortOrder":377},{"sectionNumber":"1203","sectionType":"section","heading":"Expert witnesses to agree to be bound by code of","content":"1203 Expert witnesses to agree to be bound by code of\nconduct\n(1) If a party to a proceeding engages an expert witness, the party must\ngive the expert witness a copy of the code of conduct as soon as\npracticable after the expert witness is engaged.\n(2) An expert witness must not give oral evidence unless—\n(a) the expert witness has acknowledged in writing, whether in a\nreport relating to the proposed evidence or otherwise in relation\nto the proceeding, that the expert witness has read the code of\nconduct and agrees to be bound by it; and\n(b) a copy of the acknowledgment has been served on all active\nparties affected by the evidence.\n(3) If an expert report does not contain an acknowledgment by the expert\nwitness who prepared the report that the expert witness has read the\ncode of conduct and agrees to be bound by it, service of the expert\nreport by the party who engaged the expert witness is not valid\n(4) This rule does not apply to a doctor who has treated the plaintiff.\n","sortOrder":378},{"sectionNumber":"1204","sectionType":"section","heading":"Expert witness—immunity","content":"1204 Expert witness—immunity\nAn expert witness has the same protection and immunity for the\ncontents of an expert report prepared by the expert witness that is\ndealt with as required by these rules as the expert witness could claim\nif the contents of the report were given orally at the trial of the\nproceeding for which the report is prepared.\n","sortOrder":379},{"sectionNumber":"1205","sectionType":"section","heading":"Court may give directions in relation to expert evidence","content":"1205 Court may give directions in relation to expert evidence\n(1) The court may, on its own initiative or on a party’s application, give\n1 or more of the following directions in relation to expert evidence:\n(a) a direction about the time for service of an expert report;\n\nRule 1205\n(b) a direction that expert evidence—\n(i) may not be adduced on an issue; or\n(ii) may not be adduced on an issue without the leave of the\n(iii) may be adduced only in relation to a stated issue;\n(c) a direction limiting the number of expert witnesses who may be\ncalled to give evidence on an issue;\n(d) a direction providing for the appointment and instruction of\n1 expert witness for the parties in relation to a stated issue;\n(e) a direction providing for the appointment and instruction of a\ncourt-appointed expert witness in relation to a stated issue;\n(f) a direction requiring an expert witness who has prepared 2 or\nmore expert reports in relation to a proceeding to prepare a\nsingle report that reflects the witness’s evidence in chief;\n(g) any other direction in relation to expert evidence that the court\n(2) If the court gives a direction under subrule (1) (e), it may also give a\ndirection about the payment of costs, including—\n(a) the remuneration of the court-appointed expert witness; and\n(b) by which party or parties, and in what proportion, the\nremuneration is to be paid.\n(3) The court may—\n(a) order a party to give security for the remuneration of the\ncourt-appointed expert witness; and\n(b) order a stay of the proceeding until the security is given.\n\nMultiple expert witnesses for same issue Division 2.12.2\nRule 1210\nDivision 2.12.2 Multiple expert witnesses for same\nissue\n","sortOrder":380},{"sectionNumber":"1210","sectionType":"section","heading":"Application—div 2.12.2","content":"1210 Application—div 2.12.2\nThis division applies if 2 or more parties to a civil proceeding call, or\nintend to call, expert witnesses to give opinion evidence about the\nsame, or a similar, issue at the trial of the proceeding.\n","sortOrder":381},{"sectionNumber":"1211","sectionType":"section","heading":"Court may direct experts to meet etc","content":"1211 Court may direct experts to meet etc\n(1) The court may, on its own initiative or on a party’s application, give\n1 or more of the following directions:\n(a) a direction that the expert witnesses meet—\n(i) to identify the matters on which they agree; and\n(ii) to identify the matters on which they disagree and the\nreasons why; and\n(iii) to try to resolve any disagreement;\n(b) a direction that the expert witnesses produce for the court’s use\na document identifying—\n(i) the matters on which they agree; and\n(ii) the matters on which they disagree; and\n(iii) the reasons for any failure to reach agreement on any\nmatter;\n(c) a direction that—\n(i) the expert witnesses give evidence at the trial after all or\ncertain factual evidence relevant to an issue has been given;\nand\n\nDivision 2.12.2 Multiple expert witnesses for same issue\nRule 1211\n(ii) each party intending to call 1 or more expert witnesses\nclose the party’s case in relation to an issue, subject only to\npresenting the evidence of the expert witnesses later in the\ntrial;\n(d) a direction that, after all or certain factual evidence has been\ngiven, a party who called an expert witness file and serve on\neach other active party an affidavit or statement by the expert\nwitness stating—\n(i) whether the expert witness adheres to any opinion given\nearlier; or\n(ii) whether, in light of factual evidence given at the trial, the\nexpert witness wishes to modify any opinion given earlier;\n(e) a direction that—\n(i) each expert witness be sworn one immediately after\nanother; and\n(ii) when giving evidence, an expert witness occupy a position\nin the courtroom (not necessarily in the witness box) that\nis appropriate to the giving of evidence;\n(f) a direction that each expert witness give an oral explanation of\nhis or her opinion, or opinions, on a question;\n(g) a direction that each expert witness give his or her opinion about\nthe opinion, or opinions, given by another expert witness;\n(h) a direction that the expert witnesses be cross-examined, or\nre-examined, in a certain way or sequence, including, for\nexample, by putting to each expert witness, in turn, each\nquestion relevant to one subject or issue at a time, until the cross-\nexamination, or re-examination, of all the witnesses is finished;\n\nExpert reports Division 2.12.3\nRule 1240\n(i) a direction that any expert witness giving evidence in\naccordance with a direction under paragraph (e) be allowed to\nask questions of any other expert witness who is also giving\nevidence in accordance with a direction under that paragraph;\n(j) any other directions about giving evidence in accordance with a\ndirection under paragraph (e) that the court considers\ndirection or leave under this rule.\n(2) This rule does not limit the directions that the court may give on its\nown initiative or on a party’s application.\n(3) If the court directs expert witnesses to meet under subrule (1) (a), it\nmay—\n(a) set the agenda; and\n(b) state the matters the expert witnesses must discuss; and\n(c) direct whether or not legal representatives may be present; and\n(d) give directions about the form of any report to be produced to\ngive effect to a direction under subrule (1) (b); and\n(e) give any other directions it considers appropriate.\n(4) If expert witnesses have met and produced a document identifying the\nmatters on which they agree, a party affected must not adduce expert\nevidence inconsistent with a matter agreed unless the court gives\nleave for the evidence to be adduced.\n","sortOrder":382},{"sectionNumber":"1240","sectionType":"section","heading":"Application—div 2.12.3","content":"1240 Application—div 2.12.3\nThis division applies subject to any direction given by the court under\nrule 1205 or rule 1211.\n\nRule 1241\n","sortOrder":383},{"sectionNumber":"1241","sectionType":"section","heading":"Service of expert reports","content":"1241 Service of expert reports\n(1) Each party must serve on each other active party to a proceeding a\ncopy of each expert report obtained by the party in accordance with\nany direction made by the court.\n(a) a party obtains an expert report after serving reports under\nsubrule (1); and\n(i) the report is only responding to another report served under\nthis rule; or\n(ii) the report updates another report served under this rule;\nthe party must serve a copy of the report on each other active party\nnot later than 3 days after the day the party obtains the report.\n(3) An expert report must not be tendered, and is not admissible, in the\nproceeding unless it has been served in accordance with this rule,\nexcept with—\n(a) the court’s leave; or\n(b) the agreement of all active parties to the proceeding.\n(4) The court must not give leave under subrule (3) (a) unless satisfied\n(a) there are exceptional circumstances that justify giving leave; or\n(b) the expert report only updates an earlier version of an expert\nreport that has been served in accordance with this rule.\n(5) This rule applies subject to any order of the court.\n\nExpert reports Division 2.12.3\nRule 1242\n","sortOrder":384},{"sectionNumber":"1242","sectionType":"section","heading":"Supplementary expert reports","content":"1242 Supplementary expert reports\n(1) If an expert witness changes in a material way an opinion in an expert\nreport that has been served, the expert witness must provide a\nsupplementary expert report (a supplementary report) to the party\nwho engaged the expert witness (the engaging party) stating the\nchange and the reason for it.\n(2) The expert witness may provide the engaging party with other\nsupplementary reports (also a supplementary report).\n(3) If an expert witness provides a supplementary report under this rule,\nthe engaging party, and any other party having the same interest as\nthe engaging party, must not use an earlier expert report (including an\nearlier supplementary report) on an issue to which the earlier report\nrelates unless the engaging party has served a copy of the\nsupplementary report on all active parties on whom the engaging\nparty served the earlier report.\n","sortOrder":385},{"sectionNumber":"1243","sectionType":"section","heading":"Expert evidence to be covered by expert report","content":"1243 Expert evidence to be covered by expert report\nExcept with the court’s leave or as otherwise agreed by all the active\nparties to a proceeding, the oral evidence in chief of an expert is not\nadmissible unless an expert report served in accordance with\nrule 1241 (Service of expert reports) contains the substance of the\nmatters sought to be adduced in evidence.\n","sortOrder":386},{"sectionNumber":"1244","sectionType":"section","heading":"Expert reports admissible as evidence of opinion etc","content":"1244 Expert reports admissible as evidence of opinion etc\nAn expert report served under rule 1241 (Service of expert reports) is\nadmissible as evidence of—\n(a) the author’s opinion; and\n(b) if the author’s direct oral evidence of a fact on which the opinion\nwas formed would be admissible as evidence of that fact without\nfurther evidence (whether oral or otherwise)—that fact.\n\nRule 1245\n","sortOrder":387},{"sectionNumber":"1245","sectionType":"section","heading":"Requiring attendance of expert for cross-examination etc","content":"1245 Requiring attendance of expert for cross-examination etc\n(1) This rule applies if an expert report is served under rule 1241 (Service\nof expert reports) by a party to a proceeding.\n(2) Another party to the proceeding may, by notice served on the party\nwho served the expert report, require the expert who prepared the\nreport to attend the trial of the proceeding to be cross-examined on\nthe report.\n(3) The notice must be served at the listing hearing or no later than\n49 days before the date set for the trial (whichever is the earlier).\n","sortOrder":388},{"sectionNumber":"1246","sectionType":"section","heading":"Tender of expert report","content":"1246 Tender of expert report\n(1) A party to a proceeding who is served with an expert report under\nrule 1241 (Service of expert reports) may tender the report.\n(2) If the expert who prepared the report is required under rule 1245\n(Requiring attendance of expert for cross-examination etc) to attend\nthe trial of the proceeding, the report may not be tendered or\notherwise used in the proceeding by any party unless—\n(a) the expert attends as required to be cross-examined on the\nreport; or\n(b) the expert has died; or\n(c) the court gives leave.\n(3) If the expert is cross-examined on the report, the party using the report\nmay re-examine the expert.\n\nRule 1301\n","sortOrder":389},{"sectionNumber":"1301","sectionType":"section","heading":"Application—pt 2.13","content":"1301 Application—pt 2.13\nThis part applies to a proceeding started by originating claim.\n","sortOrder":390},{"sectionNumber":"1304","sectionType":"section","heading":"Statement of particulars before trial—personal injury","content":"1304 Statement of particulars before trial—personal injury\n(1) This rule applies to a proceeding in which a claim for damages for\npersonal injury is made, other than a claim under the Civil Law\n(Wrongs) Act 2002, part 3.1 (Wrongful act or omission causing\ndeath).\n(2) The plaintiff must file, and serve on each active party to the\nproceeding, a statement (a statement of particulars)—\n(a) 14 days before the listing hearing for the proceeding; or\n(b) in accordance with any direction made by the court.\n(3) The statement of particulars must set out the following particulars of\nthe plaintiff’s claim:\n(a) particulars of injuries received;\n(b) particulars of disabilities suffered since the accident giving rise\nto the claim and any continuing disabilities,\n(c) particulars of out-of-pocket expenses;\n\nRule 1304\n(d) if a claim is made for loss of earnings—\n(i) the name and address of each employer of the plaintiff for\nthe year before the accident giving rise to the claim,\ntogether with details of the periods of employment,\ncapacity in which the plaintiff was employed, and the\nplaintiff’s earnings during each period of employment; and\n(ii) the name and address of each employer of the plaintiff\nsince the accident giving rise to the claim, together with\ndetails of the periods of employment, capacity in which the\nplaintiff was employed, and the plaintiff’s earnings during\neach period of employment; and\n(iii) the amount claimed for loss of earnings to the date of the\nstatement of particulars worked out by comparing the\nplaintiff’s earnings since the accident with the earnings the\nplaintiff claims the plaintiff would have earned had the\naccident not happened; and\n(iv) if the plaintiff was self-employed at any time in the year\nbefore, or since, the accident—the plaintiff’s earnings for\nthe year before, and since, the accident, together with all\nadditional particulars necessary to disclose the way the\nclaim for loss of earning capacity is worked out;\n(e) particulars of any claimed future loss of earning capacity and\nfuture economic loss;\n(f) if a claim is made for domestic assistance or attendant care—\nparticulars of the claim.\n\nRule 1304\n(4) In working out for subrule (3) (d) (iii) the earnings the plaintiff claims\nthe plaintiff would have earned had the accident not happened, the\nplaintiff must, if appropriate, set out—\n(a) particulars of—\n(i) the earnings of employees engaged in employment similar\nto the employment that the plaintiff claims the plaintiff\nwould have engaged in had the accident not happened; and\n(ii) the identity of those employees; or\n(b) particulars of—\n(i) payments that the plaintiff would have received under an\naward or industrial agreement applying to the employment\nthat the plaintiff claims the plaintiff would have engaged\nin had the accident not happened; and\n(ii) the identity of the award or agreement.\n(5) The plaintiff must serve, with the statement of particulars, a copy of\nall documents available to the plaintiff in support of any claim for\nspecial damages or economic loss, including the following:\n(a) hospital, medical or similar accounts and receipts;\n(b) letters from any workers compensation insurer stating amounts\npaid for the plaintiff for hospital, medical, ambulance or similar\nexpenses;\n(c) a letter from the plaintiff’s employer or employers immediately\nbefore the accident, giving particulars of—\n(i) the dates when the plaintiff was absent from work because\nof the accident; and\n(ii) any earnings (including overtime) lost by the plaintiff for\nthe absences from work; and\n(iii) any change in the plaintiff’s classification and duties, and\nany earnings after the accident; and\n\nRule 1305\n(iv) if the plaintiff’s employment has been terminated—the\ndate of termination and the reason for the termination;\n(d) copies of the plaintiff’s group certificates and income tax returns\nfor the 2 financial years immediately before the financial year in\nwhich the accident happened, together with any income tax\nreturns lodged by the plaintiff since the accident;\n(e) if the plaintiff was self-employed at any time in the year before,\nor since, the accident—accountants’ reports and other business\nrecords that the plaintiff intends to rely on to prove loss of\nearnings;\n(f) reports, award rates and correspondence relied on to support any\nclaim for domestic assistance or attendant care.\n(6) If any document, or part of a document, required to be served under\nsubrule (5) cannot be served, the plaintiff must serve, with the\nstatement of particulars, a statement of the reasons why the document\ncannot be served.\naccident includes incident.\nearnings means gross earnings per week or another appropriate\nperiod and net earnings after taxation per week or another appropriate\nperiod.\n","sortOrder":391},{"sectionNumber":"1305","sectionType":"section","heading":"Statement of particulars before trial—compensation to","content":"1305 Statement of particulars before trial—compensation to\nrelatives in death claims\n(1) This rule applies to a proceeding in which a claim for damages for\npersonal injury is made under the Civil Law (Wrongs) Act 2002,\npart 3.1 (Wrongful act or omission causing death).\n\nRule 1305\n(2) The plaintiff must file, and serve on each other active party to the\nproceeding, in relation to each person for whose benefit the\nproceeding is brought, a statement (a statement of particulars)—\n(a) 14 days before the listing hearing for the proceeding; or\n(b) in accordance with any direction made by the court.\n(3) The statement of particulars in relation to each person must set out\nthe following particulars:\n(a) the person’s name, address, relationship to the deceased person\nthe subject of the proceeding;\n(b) if relevant, whether the person’s dependency on the deceased\nperson, or reliance on services provided by the deceased person,\nis claimed to have been total or partial, the circumstances in\nwhich the person received support or services from the deceased\nperson, and the amount of the support or services for the year\nending on the day the person died.\n(4) The plaintiff must serve with the statement of particulars, in relation\nto each person for whose benefit the proceeding is brought, a copy of\nthe following documents:\n(a) if relevant, a copy or extract of the birth certificate of the person\nand, if the person has been married, a copy of the person’s\nmarriage certificate;\n(b) a letter from the deceased person’s employer immediately\nbefore the accident, giving details of the deceased person’s\nearnings and prospects of promotion at the date of the person’s\ndeath;\n(c) copies of the deceased person’s income tax returns for the\n2 financial years immediately before the financial year in which\nthe person died;\n\nRule 1311\n(d) copies of any bank statements, financial records or other\ndocuments on which the plaintiff intends to rely to prove the\nsupport or other benefits given to the person by the deceased\nperson for a period of not less than 1 year ending on the day the\nperson died;\n(e) copies of all documents, including accounts and receipts, in\nsupport of any claim for funeral expenses, medical or hospital\nexpenses or any other expenses relating to the person’s death;\n(f) copies of documents proving the net value of the deceased\nperson’s estate.\n(5) If any document, or part of a document, required to be served under\nsubrule (4) cannot be served, the plaintiff must serve, with the\nstatement of particulars, a statement of the reasons why the document\ncannot be served.\n","sortOrder":392},{"sectionNumber":"1311","sectionType":"section","heading":"Expedited trial","content":"1311 Expedited trial\n(1) A party to a proceeding may apply to the court for an expedited trial.\n(2) An application for an expedited trial must be supported by an affidavit\nstating the following:\n(a) the grounds for expediting the trial;\n(b) the issues in dispute;\n(c) the number of witnesses to be called and the nature of each\nwitness’s evidence;\n(d) the estimated length of the trial;\n(e) whether senior counsel or junior counsel is briefed in the\n(3) The affidavit may include anything else the applicant considers\nrelevant to the application.\n\nRule 1312\n(4) The court may order that the trial be expedited if it is in the interests\nof justice to expedite the trial.\n","sortOrder":393},{"sectionNumber":"1312","sectionType":"section","heading":"Court book","content":"1312 Court book\n(1) If the court has set a date for the trial of a proceeding, the plaintiff\nmust, not later than 14 days before the trial date, file, and serve on\neach other active party to the proceeding, a copy of the following\ndocuments (the court book):\n(a) the originating process;\n(b) each pleading in the proceeding;\nNote Pleading is defined in the dictionary.\n(c) any request made for further particulars of a party’s pleading,\nand any answer to the request;\n(d) any third-party notice;\nNote Third-party notice includes a fourth-party notice and the notice\nincluding any other further person and so on successively (see\nr 322 (2) (c)).\n(e) any notice claiming contribution or indemnity;\n(f) any order in the proceeding to include a party;\n(g) any affidavit to be used at the trial;\n(h) if a statement of particulars is required to be filed under\nrule 1304 (Statement of particulars before trial—personal injury\nclaims) or rule 1305 (Statement of particulars before trial—\ncompensation to relatives in death claims)—the statement of\nparticulars.\n(2) If the court book is in paper form, the court book must be bound or\nstapled together.\n\nRule 1325\n(3) If a document mentioned in subrule (1) has been amended, the\nplaintiff must include in the court book only the most recent amended\nversion of the document.\n(4) The following documents must not be included in a court book unless\nall the active parties to the proceeding agree:\n(a) expert reports, including medical reports;\n(b) answers to interrogatories.\n","sortOrder":394},{"sectionNumber":"1325","sectionType":"section","heading":"Listing hearing","content":"1325 Listing hearing\nAt a listing hearing for a proceeding, the court may make the\ndirections it considers appropriate including in relation to—\n(a) simplifying the issues in dispute; and\n(b) limiting the number of witnesses or the issues to be covered by\nwitness evidence; and\n(c) the filing and serving of expert reports; and\n(d) the filing and serving of affidavit evidence; and\n(e) the admission of facts or documents to avoid unnecessary proof;\nand\n(f) written submissions to the court on issues of law or issues of law\nand fact; and\n(g) the estimated length of the trial; and\n(h) the possibility of the proceeding being settled before the trial;\nand\n(i) anything else that may assist the early resolution of the\n\nRule 1326\n","sortOrder":395},{"sectionNumber":"1326","sectionType":"section","heading":"Special fixture","content":"1326 Special fixture\n(1) At the listing hearing, a proceeding may be set down by the court for\ntrial as a special fixture if—\n(a) for a proceeding in the Supreme Court—a party to the\nproceeding or the court estimates the trial will be 5 days or\nlonger; or\n(b) for a proceeding in the Magistrates Court—a party to the\nproceeding or the court estimates the trial will be 3 days or\nlonger; or\n(c) the court has already ordered that the trial be expedited or listed\nas a special fixture.\n(2) If a proceeding is set down for trial as a special fixture, the court\nmay—\n(a) allocate a judicial officer (the trial judicial officer) for the trial;\nand\n(b) set a date for a directions hearing before—\n(i) the trial judicial officer; or\n(ii) if the trial judicial officer is a judge who is not a resident\njudge—a resident judge (the nominated judicial officer).\n(3) If the court allocates a trial judicial officer for the trial, the trial\njudicial officer or nominated judicial officer must—\n(a) hear any application in the proceeding or application for\ndirections in the proceeding before the trial; and\n(b) monitor compliance with any directions given in the proceeding.\n\nRule 1327\n","sortOrder":396},{"sectionNumber":"1327","sectionType":"section","heading":"Directions hearings and listing hearings—costs","content":"1327 Directions hearings and listing hearings—costs\nUnless the court otherwise orders, costs incurred by a party to a\nproceeding in relation to a directions hearing or listing hearing are\ncosts in the cause.\n\nRule 1400\n","sortOrder":397},{"sectionNumber":"1400","sectionType":"section","heading":"Directions—application","content":"1400 Directions—application\n(1) A party to a proceeding may, at any time, apply to the court for\ndirections about the conduct of the proceeding.\n(2) A party to a proceeding may apply for directions either on an\napplication for directions or on an application for other relief.\n","sortOrder":398},{"sectionNumber":"1401","sectionType":"section","heading":"Directions generally","content":"1401 Directions generally\n(1) The court may, at any stage of a proceeding, give any direction about\n(2) The court may give a direction about the conduct of the proceeding\n(4) Without limiting subrule (1), the court may, at any time, do any of the\nfollowing in relation to a hearing of a proceeding:\n(a) require copies of pleadings for use by the court before the\nhearing;\n(b) require the parties to define, in writing, the issues for decision\nby the court;\n\nRule 1401\n(c) set a timetable for the conduct of the hearing or any steps in the\n(d) limit the time to be taken by the hearing;\n(e) limit the time to be taken by a party in presenting the party’s\ncase;\n(f) require Scott schedules to be filed;\n(g) require evidence to be given by affidavit, orally or in some other\nform;\n(h) require the service or exchange of expert reports and the holding\nof conferences of experts;\n(i) limit the number of witnesses (including expert witnesses) a\nparty may call on a particular issue;\n(j) limit the time to be taken in examining, cross-examining or re-\nexamining a witness;\n(k) require the use of telephone or video conference facilities,\nvideotapes, film projection, computer and other equipment and\ntechnology;\n(l) require submissions to be made in the way the court directs, for\nexample, in writing, orally, or by a combination of written and\noral submission;\n(m) limit the time to be taken in making an oral submission;\n(n) limit the length of a written submission or affidavit;\n(o) require the parties, before the hearing, to provide statements of\nwitnesses the parties intend to call;\n(p) refer the proceeding to another judicial officer for further\ndirections;\n(q) order that a counterclaim be heard separately from the hearing\nfor the proceeding in which the counterclaim is made;\n\nRule 1401\n(r) order that the issues between the defendant who included a third\nparty and the third party be heard separately from the issues\nbetween the plaintiff and the defendant;\n(s) give directions about the order of evidence and addresses and\nthe conduct of the trial generally;\n(t) give any other direction the court considers appropriate.\n(5) In addition to the principle mentioned in subrule (3), in deciding\nwhether to give a direction of a kind mentioned in subrule (4), the\ncourt may have regard to the following matters:\n(a) that each party is entitled to a fair hearing;\n(b) that the time allowed for taking a step in the proceeding or for\nthe hearing must be reasonable;\n(c) the complexity or simplicity of the case;\n(d) the importance of the issues and the case as a whole;\n(e) the volume and character of the evidence to be led;\n(f) the time expected to be taken by the hearing;\n(g) the number of witnesses to be called by the parties;\n(h) that each party must be given a reasonable opportunity to lead\nevidence and cross-examine witnesses;\n(i) the state of the court lists;\n(j) any other relevant matter.\n(6) If a direction under this rule is inconsistent with another provision of\n(7) The court may at any time amend or revoke a direction made under\n\nRule 1402\n(8) The court may amend or revoke a direction made under this rule on\n(9) The powers of the court under this rule are additional to any other\n","sortOrder":399},{"sectionNumber":"1402","sectionType":"section","heading":"Proceeding already being managed by court","content":"1402 Proceeding already being managed by court\n(1) If, under these rules, a particular judicial officer has been allocated to\nmanage a proceeding—\n(a) the court may direct that all applications in relation to the\nproceeding, or the hearing of the proceeding, be heard and\ndecided by the judicial officer; and\n(b) the judicial officer may monitor the proceeding to ensure that\nthe parties comply with any directions given in the proceeding.\n(2) The court may make a direction under this rule on application by a\n","sortOrder":400},{"sectionNumber":"1403","sectionType":"section","heading":"Decision in proceeding","content":"1403 Decision in proceeding\nIf the parties agree, the court may hear and decide a proceeding on an\napplication for directions.\n","sortOrder":401},{"sectionNumber":"1404","sectionType":"section","heading":"Failure to comply with direction etc","content":"1404 Failure to comply with direction etc\n(1) This rule applies if a party—\n(a) after receiving notice of a directions or listing hearing, in a\nproceeding, does not attend the hearing; or\n\nRule 1404\n(b) fails to comply with a direction about the conduct of a\n(2) The court may do any of the following:\n(a) give the further directions it considers appropriate;\n(b) dismiss the application or proceeding;\n(c) make an order for costs for or against a party;\n(d) adjourn the application or hearing;\n(e) make another order dealing with the proceeding it considers\n(3) Without limiting subrule (2), the court may consider, and give\ndirections in relation to, the following matters at a directions hearing:\n(a) requests for particulars;\n(b) filing further pleadings;\n(c) amending pleadings;\n(d) challenges to any pleading;\n(e) discovery, either in full or limited to particular issues;\n(f) interrogatories;\n(g) alternative dispute resolution, including mediation;\n(h) statements of agreed facts;\n(i) evidence by affidavit;\n(j) service or exchange of expert reports.\nNote The court has a general power to make directions about the conduct of a\n\nDivision 2.14.1A Transfer of proceedings between courts\nRule 1430\n(4) The court may act under this rule on application by a party or on its\n(5) In deciding whether to dismiss the application or proceeding, the\ncourt must have regard to the principle that the interests of justice are\nparamount.\nDivision 2.14.1A Transfer of proceedings between\ncourts\n","sortOrder":402},{"sectionNumber":"1430","sectionType":"section","heading":"Transfer of proceeding from Supreme Court to","content":"1430 Transfer of proceeding from Supreme Court to\nMagistrates Court—application\n(1) The Supreme Court may, on application by a party to a proceeding\nstarted in the Supreme Court or its own initiative, order that the\nproceeding be transferred to the Magistrates Court.\n(2) The Court may make an order under subsection (1) only if satisfied\n(a) the amount claimed (whether initially or as reduced by payment,\nadmitted set-off or otherwise) is not more than the amount for\nwhich the Magistrates Court has jurisdiction to decide; and\n(b) the proceeding could properly have been started in the\nMagistrates Court; and\n(c) the Court considers it just to do so.\n","sortOrder":403},{"sectionNumber":"1431","sectionType":"section","heading":"Transfer of proceeding from Supreme Court to","content":"1431 Transfer of proceeding from Supreme Court to\nMagistrates Court—procedure\n(1) This rule applies if the Supreme Court orders under rule 1430 that a\nproceeding be transferred to the Magistrates Court.\n\nTransfer of proceedings between courts Division 2.14.1A\nRule 1431\n(2) A party to the proceeding may file in the Magistrates Court a copy\nof—\n(a) the order; and\n(b) each of the pleadings in the proceeding; and\n(c) any other relevant documents filed in the Supreme Court.\n(3) When the documents mentioned in subrule (2) are filed, the\n(a) stops being a proceeding in the Supreme Court; and\n(b) becomes a proceeding in the Magistrates Court.\n(4) The proceeding is taken to have been started in the Magistrates Court\non the day the proceeding was started in the Supreme Court.\n(5) Costs in the proceeding are to be allowed—\n(a) for costs incurred before the order under rule 1430 is made\n(including the costs of getting the order) and the costs of getting\nthe copies mentioned in subrule (2)—\n(i) if the Court makes an order in relation to the costs—in\naccordance with the order; or\n(ii) in any other case—at the prescribed scale of costs; and\n(b) for costs incurred after the order is made (not including the costs\nof getting the copies mentioned in subrule (2))—in accordance\nwith rule 1722 (Costs—solicitors’ costs generally) as if the\nproceeding were a proceeding in the Magistrates Court\nimmediately after the order is made.\n\nDivision 2.14.1B Removal of applications from ACAT to Supreme Court\nRule 1432\n","sortOrder":404},{"sectionNumber":"1432","sectionType":"section","heading":"Transfer of proceeding from Magistrates Court to","content":"1432 Transfer of proceeding from Magistrates Court to\nSupreme Court—application\n(1) The Supreme Court may, on application by a party to a proceeding\nstarted in the Magistrates Court, order that the proceeding be\ntransferred to the Supreme Court.\n(2) The Court may make an order under subsection (1) on the conditions\nabout costs, security for the amount claimed for costs, or otherwise,\nthat the Court considers just.\n","sortOrder":405},{"sectionNumber":"1433","sectionType":"section","heading":"Transfer of proceeding from Magistrates Court to","content":"1433 Transfer of proceeding from Magistrates Court to\nSupreme Court—stay of proceeding\n(1) This rule applies to an application under rule 1432.\n(2) The Supreme Court may, on application by a party to the proceeding,\norder that the proceeding be stayed until the application is decided or\nthe Court otherwise orders.\n(3) An order under this rule takes effect immediately on filing a copy of\nthe order in the Magistrates Court.\nDivision 2.14.1B Removal of applications from ACAT\nto Supreme Court\n","sortOrder":406},{"sectionNumber":"1440","sectionType":"section","heading":"Removal of applications from ACAT to Supreme Court—","content":"1440 Removal of applications from ACAT to Supreme Court—\nThis division applies if—\n(a) an application is made to the ACAT; and\n\nFailure to comply with rules or order Division 2.14.2\nRule 1441\n(b) the ACAT orders that the application be removed to the\nSupreme Court under the ACT Civil and Administrative\nTribunal Act 2008, section 83.\n","sortOrder":407},{"sectionNumber":"1441","sectionType":"section","heading":"Removal of applications from ACAT to Supreme Court—","content":"1441 Removal of applications from ACAT to Supreme Court—\n(1) The ACAT must, within 14 days after the order is made, file in the\nSupreme Court a copy of—\n(a) the application; and\n(b) the order removing the application to the court.\n(2) When the documents mentioned in subrule (1) are filed—\n(a) the court must set a date for a directions hearing; and\n(3) The application is taken to be an originating application started in the\nSupreme Court on the day the application was started in the ACAT.\n(4) The respondent to the application must file a notice of intention to\nrespond within 14 days after the ACAT orders the removal.\n","sortOrder":408},{"sectionNumber":"1450","sectionType":"section","heading":"Effect of failure to comply with rules","content":"1450 Effect of failure to comply with rules\n(1) A failure to comply with these rules in relation to a proceeding is an\nirregularity and does not make the proceeding, or a document, step\ntaken or order made in the proceeding, void.\n(2) If there has been a failure to comply with these rules in relation to a\nproceeding, the court may—\n(a) set aside all or part of the proceeding; or\n(b) set aside a step taken or order made in the proceeding; or\n\nRule 1451\n(c) declare a document or step taken to be void; or\n(d) declare a document or step taken to be valid; or\n(e) make another order that could be made under these rules\n(including an order dealing with the proceeding generally); or\n(f) make any order dealing with the proceeding generally that it\n(3) However, the court must not—\n(a) set aside a proceeding only because the proceeding was started\nby the incorrect originating process; or\n(b) set aside an originating process only because the incorrect\noriginating process was used.\n(4) The court may act under subrule (2) on application by a party or on\n","sortOrder":409},{"sectionNumber":"1451","sectionType":"section","heading":"Application because of failure to comply with rules","content":"1451 Application because of failure to comply with rules\n(1) An application for an order under rule 1450 must be made—\n(a) within a reasonable time; and\n(b) before the applicant has taken any fresh step in the proceeding\nafter becoming aware of the failure to comply with these rules.\n(2) The application must set out details of the failure to comply with these\n\nFailure to comply with rules or order Division 2.14.2\nRule 1452\n","sortOrder":410},{"sectionNumber":"1452","sectionType":"section","heading":"Failure to comply with order to take step","content":"1452 Failure to comply with order to take step\n(1) This rule applies if a party (the defaulting party) does not comply\nwith an order to take a step in a proceeding in the court.\n(2) A party who is entitled to the benefit of the order may apply to the\ncourt for an order under this rule against the defaulting party.\nNote Pt 6.2 (Applications in proceedings) applies to the an application for an\norder or leave under this rule.\n(3) The application—\n(a) must set out the grounds on which it is based; and\n(b) is evidence of the grounds stated in the application.\n(4) On the hearing of the application, the court may—\n(a) give judgment against the defaulting party; or\n(b) extend time to comply with the order that has not been complied\nwith; or\n(c) give directions; or\n(d) make any other order.\n(5) The party who makes the application may reply to any material filed\nby the defaulting party.\n(6) The application may be withdrawn with the agreement of all parties\nconcerned in the application or with the court’s leave.\n(7) A judgment given under subrule (4) (a) may be set aside—\n(a) if the application was made without being served on the\ndefaulting party, or the court is satisfied the defaulting party was\nnot present at the hearing of the application for good reason—\non an application to set the judgment aside; or\n(b) otherwise—only on appeal.\n\nRule 1452\n(8) The powers of the court under this rule are additional to any other\n(9) This rule does not limit the powers of the court to punish for contempt\n\nInterpretation—pt 2.15 Division 2.15.1\nRule 1500\nDivision 2.15.1 Interpretation—pt 2.15\n","sortOrder":411},{"sectionNumber":"1500","sectionType":"section","heading":"Meaning of question—pt 2.15","content":"1500 Meaning of question—pt 2.15\nquestion includes a question or issue in a proceeding, whether of fact\nor law or partly of fact and partly of law, and whether raised by\npleadings, agreement of parties or otherwise.\n","sortOrder":412},{"sectionNumber":"1505","sectionType":"section","heading":"Trial—defendant or plaintiff not appearing","content":"1505 Trial—defendant or plaintiff not appearing\n(1) If a defendant does not appear when the trial starts, the plaintiff may\ncall evidence to establish an entitlement to judgment against the\ndefendant in the way the court directs.\ndirections or an order under this rule.\n(2) If the plaintiff does not appear when the trial starts, the court may\ndismiss the plaintiff’s originating process and the defendant may call\nevidence to establish an entitlement to judgment under a counterclaim\nagainst the plaintiff, in the way the court directs.\n(3) Despite subrule (2), the defendant may submit to judgment if the\nplaintiff does not appear when the trial starts.\n(4) If neither the plaintiff nor the defendant appear when the trial starts,\nthe court may, on its own initiative, order that the proceeding\n(including any counterclaim by the defendant) be dismissed and make\nno order for costs.\n\nRule 1506\n(5) On application made not later than 7 days after the day judgment is\nentered because of this rule, the court may amend or set aside the\n","sortOrder":413},{"sectionNumber":"1506","sectionType":"section","heading":"Trial—adjournment etc","content":"1506 Trial—adjournment etc\nOn application by a party or on its own initiative, the court may\nadjourn or postpone a trial at or before the trial.\n","sortOrder":414},{"sectionNumber":"1507","sectionType":"section","heading":"Trial—third-party proceeding","content":"1507 Trial—third-party proceeding\nA third-party proceeding may be tried in the same way as the\nproceeding between the plaintiff and the defendant.\n","sortOrder":415},{"sectionNumber":"1508","sectionType":"section","heading":"Order of evidence and addresses","content":"1508 Order of evidence and addresses\n(a) subject to any directions by the court about the order of evidence\nand addresses and the conduct of the trial generally; and\n(b) if there are more than 2 parties to the proceeding or a\ncounterclaim in the proceeding—to the proceeding with\nnecessary changes.\nNote The court has a general power to make directions about the conduct of a\n(2) If the plaintiff has the burden of proof on any issue, the plaintiff’s\ncase is presented first.\n\nProceedings at trial Division 2.15.2\nRule 1509\n(3) If the defendant has the burden of proof on every issue, the\ndefendant’s case is presented first.\n(4) The party whose case is presented first (the first party) may make an\naddress opening the first party’s case and may then present evidence\nin support of the case.\n(5) If, during the presentation of the first party’s case, no document or\nthing is admitted in evidence or by tender by the other party, and the\nother party does not present any evidence in support of the other\nparty’s case, the first party may make a closing address and the other\nparty may then make a closing address.\n(6) If, during the presentation of the first party’s case, a document or\nthing is admitted in evidence or by tender by the other party, but the\nother party does not present any evidence in support of the other\nparty’s case, the other party may make a closing address and the first\nparty may then make a closing address.\n(7) If the other party presents evidence—\n(a) the other party may make an opening address and, after the other\nparty’s evidence is presented, may make a closing address; and\n(b) after the other party has made a closing address, the first party\nmay make a closing address.\n","sortOrder":416},{"sectionNumber":"1509","sectionType":"section","heading":"View by court","content":"1509 View by court\nOn application by a party or on its own initiative, the court may\ninspect a place, process or thing, and witness any demonstration about\nwhich an issue arises in the proceeding.\n\nRule 1510\n","sortOrder":417},{"sectionNumber":"1510","sectionType":"section","heading":"Associate etc to record hearing times","content":"1510 Associate etc to record hearing times\n(2) The judicial officer’s associate or other officer present at a hearing of\na proceeding must, on each day of the hearing, record the times when\nthe hearing starts and ends.\n(3) If the costs of a party to the proceeding are to be assessed, the\nrecorded times must be provided to the registrar for the assessment.\n","sortOrder":418},{"sectionNumber":"1511","sectionType":"section","heading":"Associate to enter findings etc","content":"1511 Associate to enter findings etc\n(2) The judicial officer’s associate must, as directed by the judicial\nofficer, record—\n(a) the orders made by the judicial officer about judgment; and\n(b) the certificates (if any) given by the judicial officer; and\n(c) anything else directed by the judicial officer.\n","sortOrder":419},{"sectionNumber":"1520","sectionType":"section","heading":"Application—div 2.15.3","content":"1520 Application—div 2.15.3\n(1) This division applies to any question for decision of the court from a\nproceeding in the court.\n(2) However, this division does not apply to—\n(a) a question for decision of the Supreme Court from a proceeding\nin another court or a tribunal; or\n\nSeparate decisions on questions Division 2.15.3\nRule 1521\n(b) a case stated or question reserved by the Supreme Court to the\nCourt of Appeal.\nNote 1 Div 5.7.1 (Questions referred—Supreme Court) deals with questions for\ndecision of the Supreme Court from a proceeding in another court or a\ntribunal.\nNote 2 Div 5.7.2 (Questions referred—Court of Appeal) deals with a case stated\nor question reserved by the Supreme Court for decision by the Court of\nAppeal.\n","sortOrder":420},{"sectionNumber":"1521","sectionType":"section","heading":"Separate decisions on questions—order","content":"1521 Separate decisions on questions—order\n(1) The court may make an order for the decision by the court of a\nquestion separately from another question, whether before, at, or after\nthe trial or continuation of the trial of the proceeding.\n(2) The court may make an order under subrule (1) on application by a\nparty to a proceeding or on its own initiative.\n(3) Unless the court otherwise orders, a separate question or questions\n(a) set out the question or questions to be decided; and\n(b) be divided into paragraphs numbered consecutively; and\n(c) be prepared in draft by the initiating party for the proceeding\nafter consultation with each other active party; and\n(d) be settled by the registrar; and\n(e) be filed.\ninitiating party means—\n(a) if the order under subrule (1) was made on the application of a\nparty—that party; or\n\nRule 1522\n(b) if the order under subrule (1) was made by the court on its own\ninitiative—the party nominated by the court.\n","sortOrder":421},{"sectionNumber":"1522","sectionType":"section","heading":"Separate decisions on questions—directions","content":"1522 Separate decisions on questions—directions\nOn the filing of the question—\n(a) the court must set a date for a directions hearing; and\n","sortOrder":422},{"sectionNumber":"1523","sectionType":"section","heading":"Separate decisions on questions—decision","content":"1523 Separate decisions on questions—decision\n(1) If a question is decided under this division, the court may make the\norder, grant the relief and give the directions that the nature of the\ncase requires.\n(2) The court may, in relation to a decision of a question under this\ndivision, as the nature of the case requires—\n(a) dismiss the proceeding or all or part of a claim for relief in the\n(b) give judgment, including a declaratory judgment; or\n(c) make another order.\nDivision 2.15.4 Assessors and court-appointed\nreferees\n","sortOrder":423},{"sectionNumber":"1530","sectionType":"section","heading":"Assessors","content":"1530 Assessors\n(1) The court may sit with 1 or more assessors.\n(2) A trial with assessors may be conducted as the court directs.\n(3) Assessors may be appointed as the court directs.\n\nAssessors and court-appointed referees Division 2.15.4\nRule 1531\n","sortOrder":424},{"sectionNumber":"1531","sectionType":"section","heading":"Referee—referral of question etc","content":"1531 Referee—referral of question etc\n(1) The court may, at any stage of a proceeding—\n(a) refer a question to a referee for the referee to give an opinion on,\nor hear and decide, the question; or\n(b) refer the proceeding to a referee for the referee to give an\nopinion on, or hear and decide, the proceeding.\n(2) The court may make an order on application by a party to the\nproceeding or on its own initiative.\n(3) If the court makes an order under subrule (1), it may give directions\nabout the conduct of the reference.\n(4) Directions may be given in the reference or from time to time on\napplication by a party or on the court’s own initiative.\n","sortOrder":425},{"sectionNumber":"1532","sectionType":"section","heading":"Referee—appointment","content":"1532 Referee—appointment\n(1) The court may appoint a referee for a reference.\nappointment.\n(2) A referee may be—\n(a) a judicial officer or other officer of the court; or\n(b) anyone else—\n(i) agreed by the parties; or\n(ii) named by the court; or\n(iii) named by a person nominated by the court to select a\nsuitable referee.\n\nRule 1533\n(3) A judicial officer or other officer of the Supreme Court may only be\n(4) A judicial officer or other officer of the Magistrates Court may only\n(5) The Legislation Act, part 19.3 (Appointments) does not apply to an\n","sortOrder":426},{"sectionNumber":"1533","sectionType":"section","heading":"Referee—amendment of order referring question etc","content":"1533 Referee—amendment of order referring question etc\n(1) The court may amend or set aside an order made under rule 1531\n(Referee—referral of question etc).\n(2) The court may amend or set aside the order—\n(a) on application by the referee or a party to the proceeding under\nthe reference; or\n(3) This rule does not affect any other power of the court to amend or set\naside an order made under rule 1531.\n","sortOrder":427},{"sectionNumber":"1534","sectionType":"section","heading":"Referee—conduct under reference","content":"1534 Referee—conduct under reference\n(1) A question or proceeding referred to a referee under rule 1531 must\nbe conducted as if—\n(a) the reference were an arbitration agreement under the\nCommercial Arbitration Act 2017; and\n(b) the referee were an arbitral tribunal under that Act.\n(2) However, each party to the proceeding must, within a time set by the\nreferee but before the referee has finished hearing evidence, give the\nreferee and each other active party a brief statement of the findings of\nfact and law that the party says the referee should make.\n\nAssessors and court-appointed referees Division 2.15.4\nRule 1535\n(3) This rule is subject to—\n(a) any directions given by the court under rule 1531 for the\nreference; and\n(b) rule 1535.\n","sortOrder":428},{"sectionNumber":"1535","sectionType":"section","heading":"Referee—submission of question to court","content":"1535 Referee—submission of question to court\n(1) A referee may submit for the decision of the court a question that\narises in the course of the question or proceeding referred to the\nreferee under rule 1531.\n(2) The registrar must give a copy of the question to each active party at\nleast 7 days before the day the question is considered by the court.\n(3) A party to the proceeding may file written submissions about the\nquestion not later than 7 days after the day the party is given a copy\nof the question.\n(4) The court must set a date for a hearing to consider the question.\n(5) The registrar must tell the active parties the date set for the hearing.\n(6) After considering any submissions made by the parties, the court must\ndecide the question and may give the referee directions it considers\n(7) The referee must comply with the decision of the court given on the\nquestion or proceeding.\n","sortOrder":429},{"sectionNumber":"1536","sectionType":"section","heading":"Referee—report","content":"1536 Referee—report\n(1) Unless the court otherwise orders, a referee must file a written report\non the question or proceeding referred to the referee.\n\nRule 1537\n(2) The report must—\n(a) give the referee’s opinion or decision on the question or\nproceeding referred; and\n(b) give reasons for the opinion or decision; and\n(c) have attached to it the statements given to the referee by the\nparties under rule 1534 (2).\n(3) The registrar must give a copy of the report to each active party.\n","sortOrder":430},{"sectionNumber":"1537","sectionType":"section","heading":"Referee—proceeding on report","content":"1537 Referee—proceeding on report\n(1) This rule applies if a referee’s report has been filed in the court in a\n(2) On application by a party, the court may, on a matter of fact or law or\nboth—\n(a) accept, amend or reject all or part of the report; or\n(b) require the referee to give an explanation by further report; or\n(c) on any ground, remit for further consideration and report by the\nreferee all or part of the question or proceeding referred to the\nreferee; or\n(d) make an order in the proceeding on the evidence taken before\nthe referee, with or without additional evidence.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application under this\nsubrule or for leave under this rule.\n(3) A party applying for an order under subrule (2) (d) must give at least\n7 days notice of the party’s intention to apply for the order to all other\nactive parties.\n\nAssessment of damages Division 2.15.5\nRule 1538\n(4) Evidence additional to the evidence taken before the referee must not\nbe given before the court on the question or proceeding referred to the\nreferee unless the court gives leave.\n","sortOrder":431},{"sectionNumber":"1538","sectionType":"section","heading":"Assessor and referee—remuneration","content":"1538 Assessor and referee—remuneration\n(1) The court may decide, either in the first instance or finally—\n(a) the remuneration of a referee or assessor; and\n(b) by which party or parties, and in what proportion, the\nremuneration is to be paid.\n(a) order a party to give security for the remuneration of a referee\nor assessor; and\n(b) order a stay of the proceeding until the security is given.\n","sortOrder":432},{"sectionNumber":"1545","sectionType":"section","heading":"Application—div 2.15.5","content":"1545 Application—div 2.15.5\nThis division applies subject to any order of the court.\n","sortOrder":433},{"sectionNumber":"1546","sectionType":"section","heading":"Assessment of damages","content":"1546 Assessment of damages\n(1) An assessment of damages must be conducted as nearly as possible\nin the same way as a trial.\n(2) This rule is subject to rule 1547.\n\nRule 1547\n","sortOrder":434},{"sectionNumber":"1547","sectionType":"section","heading":"Assessment of damages—use of affidavit evidence","content":"1547 Assessment of damages—use of affidavit evidence\n(1) This rule applies to a proceeding in the Magistrates Court if judgment\nhas been entered for the plaintiff against the defendant for damages\nto be assessed.\n(2) Evidence may be given by affidavit on the assessment of damages in\nrelation to—\n(a) the identity of a motor vehicle; or\n(b) the damage sustained by a motor vehicle in a particular collision;\nor\n(c) the reasonable cost of repairing the damage sustained by a motor\nvehicle in the particular collision; or\n(d) anything else prescribed by practice note.\n","sortOrder":435},{"sectionNumber":"1548","sectionType":"section","heading":"Partial judgment for damages to be assessed","content":"1548 Partial judgment for damages to be assessed\n(a) a judgment (including a default judgment) is given for damages\n(including the value of goods) to be assessed; and\n(b) the proceeding is carried on in relation to a claim for relief not\ndecided by the judgment.\n(2) The court must assess the damages at the trial of the other claim for\nrelief.\n","sortOrder":436},{"sectionNumber":"1549","sectionType":"section","heading":"Damages to time of assessment","content":"1549 Damages to time of assessment\n(1) This rule applies if damages, including interest, may be assessed\nand—\n(a) continuing damages are likely to happen; or\n(b) there are—\n(i) repeated breaches of recurring obligations; or\n\nAssessment of damages Division 2.15.5\nRule 1549\n(ii) intermittent breaches of a continuing obligation.\n(2) The damages must be assessed for the period up to the time of\nassessment, including damages for breaches happening after the\nproceeding started.\n\nRule 1600\n","sortOrder":437},{"sectionNumber":"1600","sectionType":"section","heading":"Orders—required by nature of case","content":"1600 Orders—required by nature of case\n(1) On the application of a party to a proceeding, the court may, at any\nstage of the proceeding, make any order that the nature of the case\nrequires.\nNote 2 Order is defined in the dictionary to include judgment (see also\n(2) The court may make the order even if there is no claim for relief\nextending to the order in the originating process, statement of claim,\ncounterclaim or similar document.\n","sortOrder":438},{"sectionNumber":"1601","sectionType":"section","heading":"Judgment book","content":"1601 Judgment book\n(1) The registrar of the Supreme Court must keep a judgment book.\n(2) The judgment book may be kept in electronic form.\n(3) The registrar must record in the judgment book—\nproceeding for which a judgment is entered under rule 71\n(Numbering etc of proceedings); and\n(b) the judgment in the proceeding; and\n(c) the date the judgment was entered; and\n(d) the other information the court directs.\n(4) The registrar may record any other information in the judgment book.\n\nRule 1602\n","sortOrder":439},{"sectionNumber":"1602","sectionType":"section","heading":"Judgments—several claims","content":"1602 Judgments—several claims\n(a) there is a claim by a plaintiff in a proceeding and a counterclaim\nby a defendant in the proceeding; or\n(b) there are several claims between the parties to a proceeding.\n(2) The court may give judgment—\n(a) for the balance only of the amounts awarded on the respective\nclaims between 2 or more parties; or\n(b) in relation to each claim.\n","sortOrder":440},{"sectionNumber":"1603","sectionType":"section","heading":"Orders—set off between enforceable money orders","content":"1603 Orders—set off between enforceable money orders\n(1) This rule applies if, in relation to 2 or more money orders of the same\ncourt, the enforcement creditor and the enforcement debtor under 1\nor more of the orders are the enforcement debtor and enforcement\ncreditor, respectively, under the other orders.\nNote Enforceable money order, enforcement creditor and enforcement\ndebtor are defined in r 2000 (Definitions—pt 2.18).\n(2) The enforcement debtor under an enforceable money order made in a\nproceeding (the first order) may apply to the court for an order in the\nproceeding that the first order be set off against another enforceable\nmoney order of the same court (the second order) in which the\nenforcement debtor is the enforcement creditor.\n(3) If the court makes an order under this rule—\n(a) if the amount of the first order is less than the amount of the\nsecond order—the first order is taken to have been satisfied and\nthe amount of the second order is taken to have been reduced by\nthe amount of the first order; or\n\nRule 1604\n(b) if the amount of the first order is equal to the amount of the\nsecond order—both orders are taken to have been satisfied; or\n(c) if the amount of the first order is greater than the amount of the\nsecond order—the second order is taken to have been satisfied\nand the amount of the first order is taken to have been reduced\nby the amount of the second order.\n","sortOrder":441},{"sectionNumber":"1604","sectionType":"section","heading":"Judgments—detention of goods","content":"1604 Judgments—detention of goods\n(1) This rule applies to a proceeding in relation to the detention of goods.\n(2) The court may give judgment for the plaintiff against the defendant,\nin accordance with the plaintiff’s claim for relief, for either—\n(a) the return of the goods to the plaintiff, or the retention of the\ngoods by the defendant and payment to the plaintiff of the value\nof the goods; or\n(b) payment to the plaintiff of the value of the goods.\n(3) If the court gives judgment for the return of goods, it may state a date\nbefore which the return must take place.\n(4) If the court gives judgment for the return of goods, but the goods are\nsubsequently damaged, destroyed or otherwise made unavailable for\nreturn, the court may, on the plaintiff’s application, order the\ndefendant to pay the value of the goods to the plaintiff.\n(5) If the court gives judgment under subrule (2) (a), and the plaintiff\nsubsequently applies for an order under this subrule, the court may\nmake an order for the return of the goods to the plaintiff without the\noption of the defendant retaining the goods and paying their value.\nvalue, of the goods, means the value assessed by, or in accordance\nwith the directions of, the court.\n\nRule 1605\n","sortOrder":442},{"sectionNumber":"1605","sectionType":"section","heading":"Orders—making and effect","content":"1605 Orders—making and effect\n(1) An order of the court is made by the order—\n(a) being pronounced in court by the judicial officer making the\n(b) being recorded, in accordance with the court’s practice, as\nhaving been entered.\n(2) An order takes effect on the day that the order is made.\n(3) However, the court may order that the order takes effect on an earlier\nor later date or at any earlier or later time.\nunder r (3).\n","sortOrder":443},{"sectionNumber":"1606","sectionType":"section","heading":"Orders—entry","content":"1606 Orders—entry\n(1) If the court makes an order, it must be entered.\n(2) If the order is expressed to be the usual order or is otherwise in\nshortened form, the full terms of the order must be included when the\norder is entered.\nExamples—usual order or shortened form of orders\n1 Rule 732 (Division 2.9.4 order—damages and undertaking as to damages)\nrequires the usual undertaking as to damages to be given.\n2 Rule 1622 (Interest after judgment—usual order as to interest) provides for the\nusual order as to interest.\n(3) Unless the court orders otherwise, the order is taken to be entered\nwhen the earlier of the following happens:\n(a) if the court directs that the order be entered immediately—\na judicial officer or the registrar signs and seals a document that\nstates the terms of the order and the date the order was made;\n\nRule 1607\n(b) in any case—the order is recorded in the court’s case\nmanagement system.\n(4) If a judicial officer or the judicial officer’s associate records the terms\nof an order and the date the order was made on a court file or\ndocument that is part of a court file, the writing is sufficient proof of\nthe following until the order is entered:\n(a) the making of the order;\n(b) the terms of the order;\n(c) the date the order was made.\n(5) An order is enforceable only if it has been entered.\n(6) A person may bring an appeal against an order that has not been\nentered only with the leave of the court to which the appeal would be\n","sortOrder":444},{"sectionNumber":"1607","sectionType":"section","heading":"Orders—certified duplicate","content":"1607 Orders—certified duplicate\n(1) Unless the court otherwise orders on its own initiative, the registrar\nmust, on request, give a person a sealed copy of an order entered in a\nNote A fee may be determined under the Court Procedures Act 2004, s 13 for\n(2) However, the registrar must not give a copy of the order to a person\nwho is not a party to the proceeding unless the person appears to the\nregistrar to have a sufficient interest in the order.\n(3) If a rule, order or practice of the court requires the production or\nservice of a judgment or other order, it is sufficient to produce or serve\nthe sealed copy of the order.\n\nRule 1608\n","sortOrder":445},{"sectionNumber":"1608","sectionType":"section","heading":"Orders—reasons","content":"1608 Orders—reasons\n(1) If the court makes an order, and its reasons for the order are put in\nwriting, the court may make the order orally without stating the\nreasons.\n(2) The reasons of the court for making any order in a proceeding may,\nif in writing, be published—\n(a) by the reasons being delivered in court to a judicial officer’s\nassociate or an appropriate officer of the court for a copy to be\ngiven to each party; or\n(b) by a copy of the reasons signed by the judicial officer making\nthe order being given to an appropriate officer of the court to\ndeliver in court and a copy being given to each party.\n(3) The reasons of a court for a proposed order may be published before\nthe order is made.\n","sortOrder":446},{"sectionNumber":"1609","sectionType":"section","heading":"Orders—reservation of decision","content":"1609 Orders—reservation of decision\n(1) At the end of a hearing in a proceeding, the judicial officer may\nreserve the decision on any question of fact or law, and may deliver\nthe decision on another date or a date to be set.\n(2) If a judicial officer reserves a decision in a proceeding, the judicial\nofficer may arrange for written reasons for the decision to be prepared\nsetting out the proposed order, sign them and send them to another\njudicial officer for delivery.\n(3) The other judicial officer must, at a convenient time, publish in court\nthe reasons for the decision.\n(4) The publication by the other judicial officer has the same effect as if,\nat the time of publication, the judicial officer who reserved the\ndecision had been present in court and made the order proposed in the\nwritten reasons, and published the reasons in person.\n\nRule 1610\n","sortOrder":447},{"sectionNumber":"1610","sectionType":"section","heading":"Orders—time for compliance","content":"1610 Orders—time for compliance\n(1) An order in a proceeding requiring a person to perform an act must\nstate the time within which the person is required to perform the act.\n(2) If an order in a proceeding requires a person to perform an act\nimmediately or immediately on the happening of a stated event or to\nperform an act but does not state a time for the performance, the court\nmay, by order, state a time within which the person must perform the\nact.\n(3) An order requiring a person to perform an act must have written on it\nor attached to it the following statement or a statement to the same\neffect:\n‘If you, [state name of person required to perform act], do not\nobey this order within the time stated in it, a court proceeding\nmay be taken to compel you to obey it.’\n(4) The court may amend a time stated in an order for the performance of\nan act.\n","sortOrder":448},{"sectionNumber":"1611","sectionType":"section","heading":"Orders—by consent","content":"1611 Orders—by consent\nThe registrar may make an order in a proceeding if—\n(a) the parties affected by the order consent to the order; and\n(b) the registrar considers it appropriate.\nNote Order is defined in the dictionary to include a judgment, direction or\ndecision of the court (see also def made).\n","sortOrder":449},{"sectionNumber":"1612","sectionType":"section","heading":"Orders—by consent in proceeding","content":"1612 Orders—by consent in proceeding\n(1) This rule applies to an order in a proceeding for judgment by consent.\n(2) If a party is represented by a legal practitioner in the proceeding, the\nparty’s consent to the order must be given by the party’s practitioner.\n\nRule 1613\n(3) If a party acts in person in the proceeding, the party’s consent to the\norder must be given—\n(a) in person to the judicial officer hearing the proceeding; or\n(b) in writing, witnessed by a legal practitioner.\n(4) However, a party who is a legal practitioner complies with subrule (3)\n(b) if the consent is in writing.\n","sortOrder":450},{"sectionNumber":"1613","sectionType":"section","heading":"Orders—setting aside etc","content":"1613 Orders—setting aside etc\n(1) This rule applies to an order other than a default judgment.\nNote See r 1128 (Default judgment—setting aside etc) in relation to setting\naside a default judgment.\n(2) The court may amend or set aside the order—\n(a) if the order has been entered—on its own initiative not later than\n14 days after the day the order was entered; or\n(b) in any case—on application made not later than 14 days after the\nday the order is entered.\n(3) Despite rule 6351 (Time—extending and shortening by court order),\nthe court must not extend the time mentioned in subrule (2).\n(4) Despite subrule (2), the court may set aside the order on application\nor its own initiative at any time if—\n(a) the order was made in the absence of a party; or\n(b) the order was obtained by fraud; or\n(c) the order is for an injunction or the appointment of a receiver; or\n(d) the order does not reflect the court’s intention at the time the\norder was made; or\n(e) the party who has the benefit of the order consents; or\n\nRule 1614\n(f) for a judgment for specific performance, the court considers it\nappropriate for reasons that have arisen since the order was\n(5) If the court sets aside the order under this rule, it may also set aside\nany order made to enforce the order.\n(6) If the court sets aside the order under subrule (4), the setting aside of\nthe order does not affect the title to any property sold under the order\nbefore it is set aside.\n(7) Nothing in this rule affects any other power of the court to amend or\nset aside an order.\n","sortOrder":451},{"sectionNumber":"1614","sectionType":"section","heading":"Order dismissing proceeding—effect","content":"1614 Order dismissing proceeding—effect\n(1) This rule applies to the dismissal of—\n(a) a proceeding, either generally or in relation to any cause of\naction; or\n(b) a claim, or any part of a claim, for relief in a proceeding.\n(2) Subject to the order for dismissal, the dismissal does not prevent the\nplaintiff in the proceeding from starting a fresh proceeding or\nclaiming the same relief in a fresh proceeding.\n(3) However, if the dismissal follows a decision on the merits, the\nplaintiff must not claim any relief in relation to the same cause of\naction in any subsequent proceeding in a court.\n","sortOrder":452},{"sectionNumber":"1615","sectionType":"section","heading":"Orders—joint liability","content":"1615 Orders—joint liability\n(a) 2 or more people are jointly liable in relation to a cause of action\nin a proceeding; and\n(b) 1 or more, but not all, of the people jointly liable are served with\n\nRule 1615\n(2) The court may enter judgment in relation to the cause of action against\nany 1 or more of the people served with the originating process, and\nthe judgment may be enforced against anyone against whom\njudgment is entered.\n(3) If judgment is entered in relation to the cause of action against 1 or\nmore, but not all, of the people jointly liable in relation to the cause\nof action—\n(a) the liability of the people jointly liable against whom judgment\nis not entered (the other people) is not discharged by the\njudgment or any enforcement of the judgment; and\n(b) the people against whom judgment is entered (the judgment\nparties) and the other people are, as between the judgment\nparties on the one hand and the other people on the other hand,\nliable severally but not jointly; and\n(c) if there are 2 or more other people—the other people are jointly\nliable as between themselves; and\n(d) if the judgment is satisfied or partly satisfied—the liability of\nthe other people is discharged to the extent to which the\njudgment is satisfied.\n(4) Subrule (3) does not affect a person’s right to contribution or\nindemnity in relation to the person’s satisfaction of all or part of a\nliability that the person has (whether jointly, severally or jointly and\nseverally) with anyone else.\n(5) This rule does not apply to a proceeding to which the Civil Law\n(Wrongs) Act 2002, section 107F (Proportionate liability for\napportionable claims) applies.\n\nRule 1616\n","sortOrder":453},{"sectionNumber":"1616","sectionType":"section","heading":"Payment into court—payment of amount paid into court","content":"1616 Payment into court—payment of amount paid into court\nunder order\nAn amount paid into court under an order of the court may be paid\nout of court only under an order of the court.\nNote 2 An order of the court includes a consent order (see r 1611 (Orders—by\nconsent)).\n","sortOrder":454},{"sectionNumber":"1617","sectionType":"section","heading":"Payment into court—amount recovered by person with","content":"1617 Payment into court—amount recovered by person with\nlegal disability\n(1) An amount (including an amount of damages) recovered, awarded or\nagreed to be paid in a proceeding in relation to the claim for relief of\na person with a legal disability must be paid into court.\n(2) The amount may be paid out of court only under an order of the court.\norder of the court does not include a consent order.\n","sortOrder":455},{"sectionNumber":"1618","sectionType":"section","heading":"Person with legal disability—orders about recovered","content":"1618 Person with legal disability—orders about recovered\namounts etc\n(1) The court may make an order directing how an amount recovered,\nawarded or agreed to be paid in a proceeding in relation to the claim\nfor relief of a person with a legal disability (the claimant) must be\ndealt with.\nNote An amount ordered to be paid to a person with a legal disability must be\npaid into court and, unless the court otherwise directs, be paid out to the\npublic trustee and guardian (see Public Trustee and Guardian Act 1985,\ns 25).\n\nRule 1618\n(2) Without limiting subrule (1), the court may, by order, direct—\n(a) the payment of all or part of the amount to—\n(i) the claimant or the claimant’s litigation guardian for—\n(A) expenses incurred by or paid for the claimant; or\n(B) the maintenance or benefit of the claimant; or\n(ii) the claimant’s solicitor for costs; or\n(b) the investment of all or part of the amount for the claimant in\nthe way stated in the order; or\n(c) the investment of all or part of the interest received from an\ninvestment under this rule for the claimant in the way stated in\nthe order; or\n(d) the changing of an investment made for the claimant under this\nrule; or\n(e) the sale of securities in which an amount is invested for the\nclaimant under this rule at the time, and on the conditions, stated\nin the order; or\n(f) the payment of all or part of the amount, or the transfer of a\nsecurity or investment under this rule (including an account with\nan authorised deposit-taking institution), for the claimant.\namount includes an amount of damages.\n\nRule 1618A\n","sortOrder":456},{"sectionNumber":"1618A","sectionType":"section","heading":"Person with mental disability—payment out to public","content":"1618A Person with mental disability—payment out to public\ntrustee and guardian\n(a) an amount is paid into court under rule 1617 in relation to a\nperson with a mental disability (the claimant); and\n(b) the amount is to be paid out of court to the public trustee and\nguardian under the Public Trustee and Guardian Act 1985,\nsection 25 (Payment of money etc to public trustee and guardian\non behalf of person under disability).\n(2) The court must—\n(a) note that the claimant is a person with a mental disability; and\n(b) direct the claimant’s solicitor to serve a copy of the principal\naffidavit and medical documents filed in the proceeding on the\npublic trustee and guardian.\n","sortOrder":457},{"sectionNumber":"1619","sectionType":"section","heading":"Interest up to judgment","content":"1619 Interest up to judgment\n(1) In a proceeding for the recovery of money, including a debt or\ndamages or the value of goods, the court may—\n(a) order that interest be included in the amount for which judgment\nis given—\n(i) at the rate it considers appropriate; and\n(ii) on all or any part of the money; and\n(iii) for all or any part of the period beginning on the day the\ncause of action arose and ending on the day before the day\njudgment is entered; or\n(b) order that a lump sum be included in the amount for which\njudgment is given instead of interest under paragraph (a).\n\nRule 1619\n(2) However, the court must not order that interest be included, or that an\namount be included in a lump sum instead of interest, for—\n(a) compensation in relation to liabilities incurred that do not carry\ninterest as against the person claiming interest or claiming a\nlump sum instead of interest; or\n(b) compensation for loss or damage to be incurred or suffered after\nthe day judgment is given; or\n(c) exemplary or punitive damages.\n(3) Subrule (4) applies if—\n(a) a proceeding is started for a debt or liquidated demand; and\n(b) payment of all or part of the debt or liquidated demand is made\nduring the proceeding and before or without judgment being\nentered in relation to the debt or liquidated demand.\n(4) On application by a party to the proceeding, the court may order that\ninterest be paid—\n(a) at the rate it considers appropriate on all or part of the amount\npaid; and\n(b) for all or any part of the period between the day the cause of\naction arose and the day of the payment.\n(5) For subrule (1) (a), the court may set the rate of interest—\n(a) in accordance with the rate stated in the claim for relief; or\n(b) having regard to the rate of interest applying, from time to time,\nunder schedule 2, part 2.1 (Interest up to judgment).\n(6) This rule does not—\n(a) authorise the giving of interest on interest awarded under this\nrule; and\n\nRule 1620\n(b) apply in relation to any debt on which interest is payable as of\nright, whether by agreement or otherwise; and\n(c) affect damages recoverable for the dishonour of a bill of\nexchange.\n(7) In a proceeding for damages, the court must not order the payment of\ninterest under this rule in relation to a period after the defendant offers\n(or first offers) an appropriate settlement amount to the plaintiff\nunless the special circumstances of the case justify the making of the\n(8) For subrule (7), if an amount is offered in settlement of the proceeding\nand the amount for which judgment is entered in the proceeding\n(including interest until the day of the offer) does not exceed the\namount offered in settlement by more than 10%, the amount offered\nis an appropriate settlement amount.\n","sortOrder":458},{"sectionNumber":"1620","sectionType":"section","heading":"Interest after judgment","content":"1620 Interest after judgment\n(1) Unless the court otherwise orders, interest is payable on the amount\nof a judgment debt (other than costs) that is unpaid at any time—\n(a) if the court has entered judgment for an amount of interest under\nrule 1120 (2) (a) (Default judgment—debt or liquidated\ndemand) worked out in accordance with the rate stated in the\nplaintiff’s claim for relief—at the rate stated in the plaintiff’s\nclaim for relief; or\n(b) in any other case—at the rate of interest applying at that time\nunder schedule 2, part 2.2 (Interest after judgment).\n(2) However, unless the court otherwise orders, interest is not payable on\nthe amount of the judgment debt if the amount is paid in full not later\nthan 28 days after the day the judgment takes effect.\n\nRule 1621\n(3) Interest is payable on any amount awarded for costs, unless the court\n(4) Unless the court otherwise orders, interest is payable on an amount\nawarded for costs that is unpaid at any time—\n(a) at the rate of interest applying at that time under schedule 2, part\n2.2 (Interest after judgment); and\n(b) from the day the costs were assessed or another date decided by\n(5) This rule does not authorise the giving of interest on interest payable\n","sortOrder":459},{"sectionNumber":"1621","sectionType":"section","heading":"Judgment for interest only","content":"1621 Judgment for interest only\n(a) the defendant in a proceeding satisfies the plaintiff’s claim after\nthe proceeding is started; and\n(b) the plaintiff would be entitled to judgment on the claim if the\ndefendant had not satisfied the claim.\n(2) The plaintiff is entitled to judgment for interest in relation to the\namount claimed in accordance with rule 1619 (Interest up to\njudgment).\n","sortOrder":460},{"sectionNumber":"1622","sectionType":"section","heading":"Interest after judgment—usual order as to interest","content":"1622 Interest after judgment—usual order as to interest\n(1) This rule applies if the court order in relation to a judgment debt or\ncosts awarded is expressed to be the usual order as to interest.\n(2) Subject to this rule, interest is payable on the amount of the judgment\ndebt, and on any costs awarded, at the rate that applies, from time to\ntime, under rule 1620.\n\nRule 1622\n(3) Interest is not payable on the amount of the judgment debt if, not later\nthan 28 days after the date of the judgment—\n(a) the debt is paid; and\n(b) the plaintiff gives the defendant notice from Medicare Australia\nconfirming that no amount of the debt is payable to Medicare\nAustralia; and\n(c) the defendant has not been given a notice under—\n(i) the Social Security Act 1991 (Cwlth), section 1182\n(Secretary may send preliminary notice to potential\ncompensation payer or insurer) (a preliminary\ncompensation recovery notice); or\n(ii) the Social Security Act 1991 (Cwlth), section 1184\n(Secretary may send recovery notice to compensation\npayer or insurer) (a compensation recovery notice).\n(4) Interest is not payable on the amount of the judgment debt if, not later\nthan 28 days after the date of the judgment, the defendant—\n(a) pays to Medicare Australia—\n(i) the amount of any charge stated in a Medicare Australia\nnotice of charge given to the defendant; or\n(ii) if the defendant has not been given a Medicare Australia\nnotice of charge—10% of the judgment debt; and\n(b) pays to the plaintiff—the remainder of the judgment debt.\n(5) Interest is not payable on the amount of the judgment debt while a\npreliminary compensation recovery notice given to the defendant has\nNote For the effect of a notice, see the Social Security Act 1991 (Cwlth),\ns 1184B (Preliminary notice or recovery notice suspends liability to pay\ncompensation).\n\nRule 1623\n(6) Interest is not payable on the amount of the judgment debt if—\n(a) the defendant is given a compensation recovery notice; and\n(b) the defendant pays the amount of the judgment debt, less any\namount owing to the Commonwealth under the notice, to the\nplaintiff not later than 28 days after the later of the following:\n(i) the day the judgment takes effect;\n(ii) the day the defendant receives the notice.\n(7) Interest is not payable on any amount awarded for costs if the amount\nis paid not later than 28 days after—\n(a) the day the parties agree on the amount; or\n(b) if paragraph (a) does not apply—the day the costs are assessed.\n","sortOrder":461},{"sectionNumber":"1623","sectionType":"section","heading":"Change in interest rates up to and after judgment","content":"1623 Change in interest rates up to and after judgment\nThe advisory committee may recommend a change in the rates of\ninterest set out in schedule 2 to take effect on 1 January of the year\nfollowing the recommendation.\n\nRule 1700\n","sortOrder":462},{"sectionNumber":"1700","sectionType":"section","heading":"Definitions—pt 2.17","content":"1700 Definitions—pt 2.17\ncosts of the proceeding, for a proceeding, means costs of all the issues\nin the proceeding, and includes—\n(a) costs ordered to be costs of the proceeding; and\n(b) costs of complying with the necessary steps before starting the\n(c) costs otherwise incurred for the purpose and benefit of the\nproceeding before starting the proceeding; and\n(d) costs incurred before or after the start of the proceeding for\nsuccessful or unsuccessful negotiations for settlement of the\ndispute.\nNote 1 The costs of the proceeding include the costs of an application in the\nproceeding, unless the court otherwise orders (see r 1721 (2) (Costs—\ngeneral rule)).\nparty includes a person not a party to a proceeding by or to whom\nassessed costs of the proceeding are payable.\nprescribed scale of costs means the scale of costs in schedule 4 (Scale\nof costs).\ntrustee includes a personal representative of a deceased individual.\n\nCosts generally Division 2.17.1\nRule 1701\n","sortOrder":463},{"sectionNumber":"1701","sectionType":"section","heading":"Costs—general provisions","content":"1701 Costs—general provisions\n(1) The costs that the court may award—\n(a) may be awarded at any stage of a proceeding or after the\nproceeding ends; and\n(b) must be assessed in accordance with this part.\n(2) Unless the court otherwise orders, the award of costs for an\napplication, or another interlocutory order, in a proceeding must not\nbe assessed until the proceeding ends.\nNote 2 The costs of the proceeding include the costs of an application in the\nproceeding, unless the court otherwise orders (see r 1721 (2) (Costs—\ngeneral rule)).\nunder r (2).\n","sortOrder":464},{"sectionNumber":"1702","sectionType":"section","heading":"Costs—agreement about costs","content":"1702 Costs—agreement about costs\n(1) If a party entitled to costs and a person liable for costs agree that the\ncosts be set at a certain amount (the agreed amount), either party may\nfile a written agreement to the costs being set at the agreed amount.\n(2) The agreement must be signed by the parties or their solicitors.\n(3) On the filing of the agreement, the agreed amount is taken to be the\nassessed costs between the parties.\n","sortOrder":465},{"sectionNumber":"1703","sectionType":"section","heading":"Costs—order against non-party","content":"1703 Costs—order against non-party\n(1) Unless these rules otherwise provide, the court must not make an\norder for costs in a proceeding against a person who is not a party to\nthe proceeding except in accordance with subrule (2).\nNote For provisions of these rules that otherwise provide, see r 745 (Freezing\norders—costs) and r 755 (Search orders—costs).\n\nRule 1703\n(2) The court may make an order—\n(a) for payment by a relator in a proceeding of all or part of the costs\nof a party to the proceeding; or\nNote A relator is a person who starts and carries on a proceeding in the\nAttorney-General’s name. A person may bring a proceeding as\nrelator with the Attorney-General’s permission (or fiat) where the\nproceeding involves the public interest and the person would\notherwise not have standing to bring the proceeding.\n(b) for payment by a person of all or part of the costs of a party to a\nproceeding that were caused by—\n(i) the person’s contravention of an order made by the court in\nthe proceeding that is binding on the person; or\n(ii) the person’s breach of an undertaking given to the court by\nthe person in the proceeding; or\n(c) for payment, by a person who has committed contempt of court\nor an abuse of the court’s process, of all or part of the costs of a\nparty to a proceeding that were caused by the contempt or abuse\nof process; or\n(d) for costs against a person who purports, without authority, to\nconduct a proceeding in the name of someone else; or\n(e) for costs against a person who starts or carries on a proceeding,\nor purports to do so, as an authorised director of a corporation;\nor\n(f) of the kind mentioned in rule 1704; or\n\nCosts generally Division 2.17.1\nRule 1704\n(g) for costs against a person in the exercise of its supervisory\njurisdiction over its own proceedings and its own officers,\nincluding, for example, an order for costs against legal\npractitioners and court-appointed liquidators and receivers.\nNote 1 The court may order a legal practitioner to pay all or part of a party’s\ncosts if the costs are incurred because of the practitioner’s conduct (see\nr 1753 (Costs—legal practitioner’s delay etc).\n(3) The court may make an order under subrule (2) (g) on its own\ninitiative if justice requires it.\n","sortOrder":466},{"sectionNumber":"1704","sectionType":"section","heading":"Costs—failure to comply with subpoena etc","content":"1704 Costs—failure to comply with subpoena etc\n(1) This rule applies if, in a proceeding—\n(a) a person is ordered by the court, by subpoena or otherwise, to\nattend court—\n(i) to give evidence; or\n(ii) to produce a document or thing; or\n(iii) to answer a charge of contempt; or\n(iv) for any other purpose; or\n(b) a person is required by a notice for non-party production to\nproduce a document for inspection.\n(2) If the order is not complied with, the court may order the person to\npay any costs of a party to the proceeding caused by the\nnoncompliance.\n(3) This rule does not limit any power of the court to punish for contempt.\n\nRule 1705\n","sortOrder":467},{"sectionNumber":"1705","sectionType":"section","heading":"Costs—for issue or part of proceeding","content":"1705 Costs—for issue or part of proceeding\n(1) The court may make an order for costs in relation to a particular issue\nin, or a particular part of, a proceeding.\n(2) For subrule (1), the court may declare what percentage of the costs of\nthe proceeding is attributable to the issue or part of the proceeding to\nwhich the order relates.\n","sortOrder":468},{"sectionNumber":"1706","sectionType":"section","heading":"Costs—if unnecessary to continue proceeding","content":"1706 Costs—if unnecessary to continue proceeding\n(1) If, for any reason, it becomes unnecessary to continue a proceeding\nother than for deciding who is to pay the costs of the proceeding, any\nparty to the proceeding may apply to the court for an order for the\n(2) The court may make the order it considers just.\n","sortOrder":469},{"sectionNumber":"1707","sectionType":"section","heading":"Costs—proceeding removed to another court","content":"1707 Costs—proceeding removed to another court\n(1) This rule applies if a proceeding is removed to the court from another\ncourt or tribunal (the first court).\n(2) For the proceeding—\n(a) if the first court has not made an order for costs—the court may\nmake an order for the costs of the proceeding, including the costs\nbefore the removal; and\n(b) any order for costs made by the first court may be assessed and\nenforced as if it were an order of the court.\n\nRule 1708\n(3) Unless the court otherwise orders, the costs up to the time of the\nremoval must be assessed as if the proceeding had remained in the\nfirst court.\n","sortOrder":470},{"sectionNumber":"1708","sectionType":"section","heading":"Costs—in account","content":"1708 Costs—in account\nIf the court orders that an account be taken and the account is partly\nfor costs, the court may set costs or order that the registrar assess costs\nunder this part.\n","sortOrder":471},{"sectionNumber":"1720","sectionType":"section","heading":"Costs—entitlement to recover","content":"1720 Costs—entitlement to recover\n(1) A party to a proceeding cannot recover any costs of the proceeding\nfrom another party or anyone else otherwise than by agreement, under\na territory law, or an order of the court under a territory law.\n(2) If, under a territory law or an order of the court, a party is entitled to\ncosts, the costs are to be assessed costs.\nNote The parties may agree that the costs be set at a certain amount (see r 1702\n(Costs—agreement about costs).\n(3) However, instead of assessed costs, the court may order a person\nliable for costs to pay to the party entitled to costs—\n(a) a stated part or percentage of assessed costs; or\n(b) assessed costs to or from a stated stage of the proceeding; or\n(c) an amount for costs decided by the court; or\n(d) an amount for costs to be decided in a way the court directs.\n\nRule 1721\n","sortOrder":472},{"sectionNumber":"1721","sectionType":"section","heading":"Costs—general rule","content":"1721 Costs—general rule\n(1) The costs of a proceeding or of an application in a proceeding are in\nthe discretion of the court.\n(2) The costs of the proceeding include the costs of an application in the\nproceeding, unless the court otherwise orders.\n","sortOrder":473},{"sectionNumber":"1722","sectionType":"section","heading":"Costs—solicitors’ costs generally","content":"1722 Costs—solicitors’ costs generally\n(1) For assessing costs under this part, unless the court otherwise orders,\na solicitor is entitled to charge, and be allowed, the costs under the\nprescribed scale of costs for work done for or in a proceeding in the\ncourt, multiplied by the prescribed percentage.\nNote The Civil Law (Wrongs) Act 2002, s 181 (Maximum costs for claims of\n$50 000 or less) limits costs in relation to a claim for personal injury\ndamages if $50 000 or less is recovered, if the cause of action arose after\n1 January 2003 or the party and the party’s solicitor had an agreement\nabout costs before 1 January 2003 (see Civil Law (Wrongs) Act 2002, s\n224 (expired)).\n(2) The costs under the prescribed scale of costs for work done are\ninclusive of any GST payable in relation to the work.\n(3) However, the costs payable to a party are reduced by the amount of\nany input tax credit for GST to which the party is entitled in relation\nto the party’s costs.\nprescribed percentage means—\n(a) for a proceeding in the Supreme Court—100%; or\n(b) for a proceeding in the Magistrates Court—\n(i) if the relevant amount is less than $10 000—33%; or\n\nRule 1723\n(ii) if the relevant amount is not less than $10 000 but less than\n$25 000—67%; or\n(iii) if the relevant amount is not less than $25 000 but less than\n$40 000—80%; or\n(iv) if the relevant amount is not less than $40 000 but less than\n$50 000—90%; or\n(v) if the relevant amount is not less than $50 000—100%.\nrelevant amount—see rule 1723.\n","sortOrder":474},{"sectionNumber":"1723","sectionType":"section","heading":"Costs—relevant amount for Magistrates Court","content":"1723 Costs—relevant amount for Magistrates Court\n(1) For a proceeding in the Magistrates Court in which a counterclaim is\nnot issued, the relevant amount for costs is—\n(a) if judgment in the proceeding is given for the plaintiff and if the\ndefendant pays any amount to the plaintiff after the proceeding\nstarts—the amount for which judgment is given together with\nthe total of the amounts paid to the plaintiff after the proceeding\nstarted; or\n(b) if judgment in the proceeding is given for the plaintiff—the\namount for which judgment is given; or\n(c) if judgment in the proceeding is given against the plaintiff, or\nthe plaintiff is otherwise required to pay the costs of the\nproceeding—the amount for which the originating process in the\nproceeding was issued.\n\nRule 1723\n(2) For a proceeding in the Magistrates Court in which a counterclaim is\nissued, the relevant amount for costs is—\n(a) if judgment in the proceeding and the counterclaim is given for\nthe plaintiff in the proceeding—\n(i) for costs incurred before service on the plaintiff of the\ncounterclaim—the amount for which judgment is given;\nand\n(ii) for costs incurred after service on the plaintiff of the\ncounterclaim—the amount for which judgment is given or\nthe amount for which the counterclaim was issued,\nwhichever is the higher; or\n(b) if judgment in the proceeding and the counterclaim is given for\nthe defendant in the proceeding—the amount for which the\noriginating process in the proceeding was issued or the amount\nfor which judgment on the counterclaim was given, whichever\nis the higher; or\n(c) if judgment in the proceeding is given for the plaintiff in the\nproceeding and in the counterclaim is given for the defendant in\nthe proceeding—\n(i) for costs payable to the plaintiff—the amount for which\njudgment on the originating process was given; and\n(ii) for costs payable to the defendant—the amount for which\njudgment on the counterclaim was given; or\n(d) if judgment in the proceeding is given against the plaintiff in the\nproceeding and in the counterclaim is given against the\ndefendant in the proceeding—\n(i) for costs payable by the plaintiff—the amount for which\nthe originating process in the proceeding was issued; and\n(ii) for costs payable by the defendant—the amount for which\nthe counterclaim was issued.\n\nRule 1724\n(3) For a proceeding in the Magistrates Court in which an amount is not\nclaimed, the court may set an amount for the proceeding (the relevant\namount), having regard to the nature and complexity of the\n","sortOrder":475},{"sectionNumber":"1724","sectionType":"section","heading":"Solicitors’ costs—separate judgments against","content":"1724 Solicitors’ costs—separate judgments against\ndefendants in Magistrates Court\n(1) This rule applies to a proceeding in the Magistrates Court in which\nthere are 2 or more defendants.\n(2) If judgment for or including costs in the proceeding is given\nseparately against 2 or more defendants, the costs must be assessed\nonce only against the defendants on the basis of the larger or largest\n(3) On the assessment of costs, costs incurred against any defendant must\nbe allowed against all of the defendants.\n(4) The plaintiff may enforce a costs order under this rule against any\n1 or more of the defendants against whom the order is made.\n(5) However, the defendants are liable as between themselves to\ncontribute to the costs in proportion to the respective amounts for\nwhich judgment was given against each defendant in the proceeding.\n","sortOrder":476},{"sectionNumber":"1725","sectionType":"section","heading":"Solicitors’ costs and determined fees—Supreme Court","content":"1725 Solicitors’ costs and determined fees—Supreme Court\njudgment within Magistrates Court jurisdiction\n(1) This rule applies to a proceeding in the Supreme Court if—\n(a) the Magistrates court—\n(i) would have had jurisdiction and power to hear and decide\nthe proceeding; or\n(ii) would, apart from the amount claimed, have had\njurisdiction and power to hear and decide the proceeding;\nand\n\nRule 1725\n(b) the plaintiff is entitled to the costs of the proceeding; and\n(c) judgment (including judgment by consent) is entered for the\nplaintiff in the proceeding for an amount (excluding costs) of\nless than $175 000.\n(2) The plaintiff is entitled to the following determined fee and costs\nonly—\n(a) the amount of any Magistrates Court determined fee that the\nplaintiff would have been entitled to recover had the proceeding\nbeen started in the Magistrates Court;\n(b) if the plaintiff is awarded an amount (excluding costs) of less\nthan $50 000—50% of the disbursements that the plaintiff\nwould have been entitled to recover in the Supreme Court had\nthe judgment been more than $250 000;\n(c) if the plaintiff is awarded an amount (excluding costs) of\n$50 000 or more, but less than $100 000—50% of the costs and\ndisbursements that the plaintiff would have been entitled to\nrecover in the Supreme Court had the judgment been more than\n$250 000;\n(d) if the plaintiff is awarded an amount (excluding costs) of\n$100 000 or more, but less than $175 000—75% of the costs and\ndisbursements that the plaintiff would have been entitled to\nrecover in the Supreme Court had the judgment been more than\n$250 000.\n(3) Despite subrule (2), the court may order that the plaintiff is entitled\nto a different amount for the costs and disbursements (including the\namount of any determined fee).\n\nRule 1726\ndetermined fee means the relevant determined fee under the Court\nProcedures Act 2004, part 3 (Court and tribunal fees) in relation to a\nproceeding in the Magistrates Court or the Supreme Court (and\nincludes a fee determined under any other territory law that applied\nto a proceeding in that court before the commencement of that part).\n","sortOrder":477},{"sectionNumber":"1726","sectionType":"section","heading":"Costs—amendment of documents","content":"1726 Costs—amendment of documents\n(1) This rule does not apply to a party who amends a document because\nof another party’s amendment or default.\n(2) A party who amends a document must pay the costs of and caused by\nthe amendment, unless the court otherwise orders.\n","sortOrder":478},{"sectionNumber":"1727","sectionType":"section","heading":"Costs—party not interested in application","content":"1727 Costs—party not interested in application\nIf a party appears on an application in a proceeding in which the party\nhas no interest, or ought not to attend, the party must not be allowed\nthe costs of the appearance, unless the court otherwise orders.\n","sortOrder":479},{"sectionNumber":"1728","sectionType":"section","heading":"Costs—for application reserved","content":"1728 Costs—for application reserved\nIf the court reserves costs of an application in a proceeding, the costs\nreserved become costs in the cause, unless the court otherwise orders.\n\nRule 1729\nNote 3 If a proceeding is removed to the court from another court or tribunal, the\ncosts up to the time of the removal must be assessed as if the proceeding\nhad remained in the court from which it was removed (see r 1707\n(Costs—proceeding removed to another court).\n","sortOrder":480},{"sectionNumber":"1729","sectionType":"section","heading":"Costs—extending or shortening time","content":"1729 Costs—extending or shortening time\nA party applying for the extension or shortening of a time set under\nthese rules must pay the costs of the application or any order made on\nor because of the application, unless the court otherwise orders.\n","sortOrder":481},{"sectionNumber":"1730","sectionType":"section","heading":"Costs—inquiry to find person entitled to property","content":"1730 Costs—inquiry to find person entitled to property\nThe costs of an inquiry to find out who is entitled to a legacy, money,\nshare or other property must be paid out of the property, unless the\n","sortOrder":482},{"sectionNumber":"1731","sectionType":"section","heading":"Costs—assessment of receiver’s costs","content":"1731 Costs—assessment of receiver’s costs\nThe costs of a receiver appointed in a proceeding may be assessed by\nthe registrar on the application of the receiver or a party to the\n","sortOrder":483},{"sectionNumber":"1732","sectionType":"section","heading":"Costs—trustee","content":"1732 Costs—trustee\n(1) This rule applies to a party who sues or is sued as trustee.\n(2) Unless the court otherwise orders—\n(a) the party is entitled to have costs of the proceeding that are not\npaid by someone else paid out of the fund held by the trustee;\nand\n\nRule 1733\n(b) the costs must be assessed on a solicitor and client basis.\n(3) However, the costs caused by an unsuccessful claim or unsuccessful\nresistance to any claim to any property must not be paid out of the\nfund, unless the court otherwise orders.\n","sortOrder":484},{"sectionNumber":"1733","sectionType":"section","heading":"Costs—solicitor appointed litigation guardian","content":"1733 Costs—solicitor appointed litigation guardian\n(1) This rule applies if a solicitor is appointed by the court as litigation\nguardian of a person with a legal disability.\n(2) The court may direct that the solicitor’s costs incurred in exercising\nthe functions of litigation guardian must be paid—\n(a) by all or any of the parties to the proceeding in which the\nappointment is made; or\n(b) out of a fund in court (if any) in which the person is interested.\n(3) The court may give directions for the payment of costs mentioned in\nsubrule (2).\n","sortOrder":485},{"sectionNumber":"1734","sectionType":"section","heading":"Costs—assessment costs","content":"1734 Costs—assessment costs\n(1) The costs of a proceeding include the costs of preparing a bill of costs\nand attending the assessment of costs.\n(2) This rule is subject to rule 1809 (3) (a) (ii) (Costs—default assessment\nif no objection to bill of costs).\n","sortOrder":486},{"sectionNumber":"1735","sectionType":"section","heading":"Costs—counsel’s advice and settling documents","content":"1735 Costs—counsel’s advice and settling documents\nThe costs of a proceeding may include costs incurred for—\n(a) the advice of counsel on pleadings, evidence or other matters in\na proceeding; and\n\nRule 1736\n(b) counsel drawing or settling any pleading or other document in a\nproceeding that is appropriate for counsel to draw or settle.\n","sortOrder":487},{"sectionNumber":"1736","sectionType":"section","heading":"Costs—evidence","content":"1736 Costs—evidence\n(1) The costs of a proceeding may include costs incurred in procuring\nevidence, and the attendance of witnesses or the production of\ndocuments.\n(2) For this rule, the attendance of a witness includes an attendance at\nany necessary conference with counsel before the trial and, if the\nwitness is an expert, qualifying to give evidence as an expert.\nExamples of costs incurred\n1 reasonable conduct money or witness expenses paid to a witness, whether or\nnot the witness attended under subpoena\n2 reasonable expenses of preparing and proving plans, drawings, models or\nphotographs\n","sortOrder":488},{"sectionNumber":"1737","sectionType":"section","heading":"Costs—solicitor advocate","content":"1737 Costs—solicitor advocate\n(1) This rule applies if a solicitor appears on a trial alone or instructed by\na partner or employee.\n(2) The registrar must not allow the solicitor or partner a fee for preparing\na brief.\n(3) The registrar may allow a single fee for preparing for the trial.\n","sortOrder":489},{"sectionNumber":"1738","sectionType":"section","heading":"Costs—retainer for counsel","content":"1738 Costs—retainer for counsel\nIn assessing costs on a party and party basis, the registrar must not\nallow a fee paid to counsel as a retainer.\n","sortOrder":490},{"sectionNumber":"1739","sectionType":"section","heading":"Costs—counsel’s fees for applications","content":"1739 Costs—counsel’s fees for applications\n(1) If the court certifies the use of counsel on an application in a\nproceeding, the registrar must allow counsel’s fees for the\n\nRule 1740\n(2) However, if the court does not certify the use of counsel on the\napplication, the registrar must not draw any inference about allowing\ncounsel’s fees.\n","sortOrder":491},{"sectionNumber":"1740","sectionType":"section","heading":"Costs—fixed costs for winding-up application","content":"1740 Costs—fixed costs for winding-up application\n(1) This rule applies to an application to wind up a company under\nschedule 6, part 6.5 (Winding-up proceedings (including oppression\nproceedings where winding-up is sought)) if—\n(a) the court orders the company to be wound up; or\n(b) the applicant discontinues the application on a condition that the\ncompany pay an amount to the applicant.\n(2) The applicant’s costs and disbursements (plus any filing and service\nfees actually paid) must be allowed without assessment if the costs\nand disbursements claimed (other than any filing and service fees\nactually paid) are not more than the costs amount applying, from time\nto time, under schedule 3, part 3.3 (Company winding-up).\n(3) The costs allowed under subrule (2) are inclusive of any GST payable\nin relation to the work.\n(4) However, the costs payable to a party are reduced by the amount of\nany input tax credit for GST to which the party is entitled in relation\nto the party’s costs.\n(5) The applicant’s costs and disbursements must be agreed or assessed\nif the costs and disbursements claimed (other than any filing and\nservice fees actually paid) are more than the costs amount applying,\nfrom time to time, under schedule 3, part 3.3 (Company winding-up).\n","sortOrder":492},{"sectionNumber":"1741","sectionType":"section","heading":"Costs—fixed costs for enforcement order","content":"1741 Costs—fixed costs for enforcement order\n(1) This rule applies to an application for an enforcement order under\npart 2.18 (Enforcement) if the court makes an enforcement order.\n\nRule 1750\n(2) The enforcement creditor’s costs (plus any disbursements actually\npaid) must be allowed without assessment if the costs claimed (other\nthan any disbursements actually paid) are not more than the costs\namount applying, from time to time, under—\n(a) if the work was done by the enforcement creditor’s solicitor as\nan agent for another solicitor—schedule 3, part 3.4, column 3;\nor\n(b) in any other case—schedule 3, part 3.4, column 4.\n(3) The costs allowed under subrule (2) are inclusive of any GST payable\nin relation to the work.\n(4) However, the costs payable to the enforcement creditor are reduced\nby the amount of any input tax credit for GST to which the\nenforcement creditor is entitled in relation to the enforcement\ncreditor’s costs.\n(5) The enforcement creditor’s costs and disbursements must be agreed\nor assessed if the costs claimed (other than disbursements actually\npaid) are more than the costs amount applying, from time to time,\nunder schedule 3, part 3.4 (Enforcement orders).\n","sortOrder":493},{"sectionNumber":"1750","sectionType":"section","heading":"Application—div 2.17.3","content":"1750 Application—div 2.17.3\nThis division applies to costs that, under a territory law or an order of\nthe court, are to be paid to a party to the proceeding by another party,\nby a person who is not a party to the proceeding, or out of a fund.\n\nCosts of party in proceeding Division 2.17.3\nRule 1751\n","sortOrder":494},{"sectionNumber":"1751","sectionType":"section","heading":"Costs—assessed on party and party basis","content":"1751 Costs—assessed on party and party basis\n(1) Unless a territory law or an order of the court otherwise provides, the\nregistrar must assess costs on a party and party basis.\notherwise providing.\n(2) In assessing costs on a party and party basis, the registrar must allow\nall costs that the registrar considers were fair and reasonable for the\nattainment of justice or for enforcing or defending the rights of the\nparty whose costs are being assessed.\n","sortOrder":495},{"sectionNumber":"1752","sectionType":"section","heading":"Costs—assessed on solicitor and client etc basis","content":"1752 Costs—assessed on solicitor and client etc basis\n(1) The court may order costs to be assessed—\n(a) on a solicitor and client basis; or\n(b) on an indemnity basis; or\n(c) on any other basis it considers appropriate.\n(2) Without limiting subrule (1), the court may order that costs be\nassessed on a solicitor and client basis if it orders payment of costs—\n(a) out of a fund; or\n(b) to a party who sues or is sued as a trustee; or\n(c) of an application in a proceeding brought for—\n(i) noncompliance with an order of the court; or\n(ii) breach of an undertaking given to the court.\n\nRule 1753\n(3) In assessing costs on a solicitor and client basis, the registrar must\nallow all costs reasonably incurred and of a reasonable amount,\nhaving regard to—\n(a) the costs allowable under rule 1722 (Costs—solicitors’ costs\ngenerally); and\n(b) charges ordinarily payable by a client to a solicitor for the work.\n(4) In assessing costs on an indemnity basis, the registrar—\n(a) must allow all costs other than costs unreasonably incurred (with\nthe party paying the costs having the onus of proving that the\ncosts were unreasonably incurred); and\n(b) may have regard to any costs agreement between the party to\nwhom the costs are payable and the party’s solicitor.\n","sortOrder":496},{"sectionNumber":"1753","sectionType":"section","heading":"Costs—legal practitioner’s delay etc","content":"1753 Costs—legal practitioner’s delay etc\n(1) This rule applies to a legal practitioner acting for a party to a\nproceeding if—\n(a) the hearing of the proceeding, or an application in the\nproceeding, did not proceed, and a party to the proceeding\nincurred costs, because the practitioner—\n(i) failed to attend the hearing either personally or by someone\non his or her behalf; or\n(ii) failed to file a document; or\n(iii) failed to deliver a document or thing necessary for use in\nthe hearing; or\n(iv) failed to do anything else required to be done under these\nrules or in accordance with the practice of the court; or\n(b) a party to the proceeding incurred costs because of the delay,\nmisconduct or negligence of the practitioner.\n\nCosts of party in proceeding Division 2.17.3\nRule 1754\n(2) The court may order the legal practitioner—\n(a) to repay to a party all or part of any costs ordered to be paid by\nthe party to another party because of the practitioner’s conduct;\nor\n(b) to pay the costs incurred by any party because of the\npractitioner’s conduct.\n(3) The court may, on its own initiative, order the legal practitioner not\nto charge the practitioner’s client costs in relation to all or any part of\nthe proceeding if justice requires it.\n","sortOrder":497},{"sectionNumber":"1754","sectionType":"section","heading":"Costs—disallowance of costs for vexatious document etc","content":"1754 Costs—disallowance of costs for vexatious document etc\n(1) The court may order that the costs of anything done, or any document\nprepared or used, in a proceeding be disallowed completely or partly\nif it considers—\n(a) for something done—any of the following:\n(i) that doing the thing was, completely or partly, improper,\n(ii) that the thing was done because of misconduct or\nnegligence;\n(iii) that doing the thing caused unnecessary expense; or\n(b) for a document—any of the following:\n(i) that the document was, completely or partly, improper,\n(ii) that the document was prepared or used because of\nmisconduct or negligence;\n(iii) that the document was unnecessarily lengthy;\n\nRule 1754\n(iv) if there is an approved form for a document—that the\ndocument substantially departs from the approved form.\n(2) The court may direct the registrar to consider anything done, or any\ndocument prepared or used, in a proceeding, and to disallow,\ncompletely or partly, the costs of the thing or document, or to assess\ncosts as a lump sum, if the registrar considers—\n(a) for something done—any of the following:\n(i) that doing the thing was, completely or partly, improper,\n(ii) that the thing was done because of misconduct or\nnegligence;\n(iii) that doing the thing caused unnecessary expense; or\n(b) for a document—any of the following:\n(i) that the document was, completely or partly, improper,\n(ii) that the document was prepared or used because of\nmisconduct or negligence;\n(iii) that the document was unnecessarily lengthy;\n(iv) if there is an approved form for a document—that the\ndocument substantially departs from the approved form.\nNote Rule 6144 (Rejecting document—costs) provides that costs incurred by\na party in relation to a document rejected under div 6.3.3 may be\ndisallowed on assessment of the party’s costs.\n\nCosts—registrar’s powers and discretion Division 2.17.4\nRule 1760\nDivision 2.17.4 Costs—registrar’s powers and\ndiscretion\n","sortOrder":498},{"sectionNumber":"1760","sectionType":"section","heading":"Costs—registrar’s general powers","content":"1760 Costs—registrar’s general powers\nFor assessing costs, the registrar may do any of the following:\n(a) if satisfied that a stamped copy of a bill of costs cannot be served\nwithin a reasonable time—dispense with service;\n(b) direct a party to subpoena someone to attend a hearing, or\nproduce a document or thing, before the registrar;\n(c) if satisfied there is or may be a conflict of interest between a\nparty’s legal practitioner and the party—require the party to be\nrepresented by another legal practitioner;\n(d) unless the court otherwise orders, extend or shorten the time for\ntaking any step in the assessment;\n(e) administer an oath or receive an affirmation;\n(f) examine witnesses;\n(g) direct or require a party to produce documents;\n(h) give directions about the conduct of the assessment;\n(i) assess the costs in the absence of a party to the proceeding if the\nparty does not appear at the time set for the assessment;\n(j) anything else the court directs.\n","sortOrder":499},{"sectionNumber":"1761","sectionType":"section","heading":"Costs—registrar’s discretion in assessing","content":"1761 Costs—registrar’s discretion in assessing\nIn assessing costs, the registrar must consider the following:\n(a) any other fees and allowances payable to the solicitor or counsel\nfor other items in the same proceeding;\n\nRule 1800\n(b) the nature and importance of the proceeding;\n(c) the amount involved;\n(d) the principle involved;\n(e) the interest of the parties;\n(f) the fund, estate, or person who is to pay the costs;\n(g) the general conduct and cost of the proceeding;\n(h) any other relevant circumstances.\n","sortOrder":500},{"sectionNumber":"1800","sectionType":"section","heading":"Costs—when bill of costs to be filed etc","content":"1800 Costs—when bill of costs to be filed etc\n(1) This rule applies if costs are to be paid to a party to a proceeding by\nanother party, by a person who is not a party to the proceeding, or out\nof a fund—\n(a) under—\n(i) a territory law; or\n(ii) an order of the court; or\n(iii) a filed written agreement; but\n(b) the party entitled to costs and the person liable for costs cannot\nagree on the amount of costs to be paid.\n(2) The costs must be assessed by the registrar.\n(3) The party entitled to costs must file a bill of costs.\n(4) On receipt of the bill of costs, the registrar must write on the bill, and\na stamped copy of the bill, the day and time when the bill is to be\nassessed.\n\nRule 1801\n(5) The party entitled to costs must serve a stamped copy of the bill on\neach party liable to pay the costs not later than 6 weeks before the day\nthe costs are to be assessed.\n","sortOrder":501},{"sectionNumber":"1801","sectionType":"section","heading":"Costs—if costs out of fund bill to be sent to clients","content":"1801 Costs—if costs out of fund bill to be sent to clients\n(1) This rule applies if the costs of a proceeding are to be paid out of a\nfund or property.\n(2) The registrar may, before finishing the assessment, direct the solicitor\nwhose costs are to be assessed to send to all or any of the solicitor’s\nclients, free of charge—\n(a) a copy of the bill of costs or any part of it; and\n(b) any statement directed by the registrar; and\n(c) a letter telling the clients—\n(i) the bill of costs is to be assessed by the registrar; and\n(ii) the time set for the assessment.\n(3) If the registrar gives a direction under subrule (2), the registrar may\nsuspend the assessment of the costs for the time the registrar considers\nreasonable.\n","sortOrder":502},{"sectionNumber":"1802","sectionType":"section","heading":"Costs—content of bill of costs","content":"1802 Costs—content of bill of costs\nA bill of costs must contain—\n(a) the name and address for service of the solicitor whose costs are\nto be assessed; and\n(b) each item of work claimed, or disbursement made, numbered\nconsecutively; and\n(c) the date each item of work was done; and\n(d) the number of the item in the prescribed scale of costs for each\nitem of work claimed; and\n\nRule 1803\n(e) a detailed statement of the work done by the solicitor, or the\nsolicitor’s employee or agent, for the party; and\n(f) a detailed statement of the disbursements made; and\n(g) the date each disbursement was made; and\n(h) the costs claimed for each item of work done or disbursement\nNote See approved form 2.45 (Bill of costs) AF2006-290.\n","sortOrder":503},{"sectionNumber":"1803","sectionType":"section","heading":"Costs—failure to file and serve bill of costs","content":"1803 Costs—failure to file and serve bill of costs\n(1) If a party entitled to costs delays filing and serving a bill of costs, a\nparty liable to pay the costs may, by notice, require the party entitled\nto costs to file and serve a bill of costs.\n(2) If the party entitled to costs does not file and serve a bill of costs\nbefore the end of 30 days after the day the notice under subrule (1) is\nserved, the registrar may direct the party entitled to costs to file and\nserve a bill of costs within a time set by the registrar, having regard\nto any representation made by the party not later than the end of the\n30-day period.\n(3) If the party does not comply with the registrar’s direction, the registrar\nmay—\n(i) disallow the costs; or\n(ii) allow costs at a nominal or other amount; and\n(b) order the party to pay to another party costs incurred because of\nthe failure to comply with the direction.\n","sortOrder":504},{"sectionNumber":"1804","sectionType":"section","heading":"Costs—payment of disbursements","content":"1804 Costs—payment of disbursements\n(1) If a party’s bill of costs includes an account that has not been paid,\nthe party may claim the amount as a disbursement.\n\nRule 1805\n(2) The registrar may allow the amount as a disbursement only if it is\npaid before the registrar issues a certificate of assessment under\nrule 1835 (Costs—registrar’s certificate of assessment).\n(3) Subrule (2) does not apply to counsel’s fees properly incurred by the\nparty in the proceeding.\n","sortOrder":505},{"sectionNumber":"1805","sectionType":"section","heading":"Costs—professional charges and disbursements","content":"1805 Costs—professional charges and disbursements\n(1) If a bill of costs includes a charge for work done by a solicitor\npractising in the ACT and acting as agent for a party’s solicitor, the\ncharge must be shown as a professional charge, not as a disbursement.\n(2) The registrar may assess and allow a charge mentioned in subrule (1)\neven though it is not paid before the assessment.\n(3) If a bill of costs includes a charge for work done by a solicitor or\ncounsel practising outside the ACT, the charge must be shown as a\ndisbursement.\n(4) If the registrar allows a charge mentioned in subrule (3) when\nassessing costs, the amount the registrar allows must, as far as\npracticable, be an amount appropriate in the place where the solicitor\nor counsel practises.\n","sortOrder":506},{"sectionNumber":"1806","sectionType":"section","heading":"Costs—amendment and withdrawal of bill of costs","content":"1806 Costs—amendment and withdrawal of bill of costs\n(1) The court may at any time, by order, allow a party to amend or\nwithdraw a bill of costs or order that a party file another bill of costs.\n\nRule 1807\n(2) Unless the court otherwise orders, the amendment or withdrawal and\nreplacement of a bill of costs must be disregarded in deciding\nwhether—\n(a) under rule 1834 (Costs—bill of costs reduced by 15% or more),\nthe bill of costs has been reduced by 15% or more on\nassessment; or\nNote If costs are payable out of a fund or estate, or out of the assets of a\ncompany in liquidation, and the bill of costs is reduced by 15% or\nmore on assessment, the registrar must not allow the solicitor\nwhose costs are assessed the costs of preparing the bill or attending\nthe assessment, unless the registrar otherwise orders (see r 1834\n(Costs—bill of costs reduced by 15%)).\n(b) the amount of the assessed costs in the bill of costs is more than,\nequal to or less than an offer mentioned in rule 1811 (Costs—\noffer to settle).\n","sortOrder":507},{"sectionNumber":"1807","sectionType":"section","heading":"Costs—notice of objection to bill of costs","content":"1807 Costs—notice of objection to bill of costs\n(1) A party on whom a bill of costs is served may, by notice, object to\nany item in the bill.\n(2) The notice of objection must—\n(a) number each objection; and\n(b) give the number of each item in the bill of costs to which the\nparty objects; and\n(c) for each objection—briefly state the reasons for the objection\nidentifying any issue of law or fact that the objector considers\nthe registrar must consider to make a decision in favour of the\nobjector.\n(3) The reasons for objection may be in abbreviated note form but must\nbe understandable without further explanation.\n\nRule 1808\n(4) If the same objection applies to consecutive or near consecutive items\nin a bill of costs, the notice need not separately state the reasons for\nobjecting to each of the items.\n(5) Also, if there are a number of associated items, the objection may be\nin the form of an objection to a common issue related to the associated\nitems.\n(6) The party objecting must file the notice and serve a stamped copy on\nthe party entitled to the costs not later than 14 days before the day the\nbill of costs is to be assessed.\n","sortOrder":508},{"sectionNumber":"1808","sectionType":"section","heading":"Costs—assessment must be limited","content":"1808 Costs—assessment must be limited\nThe registrar must limit the assessment to the resolution of the matters\nraised in the notice of objection and otherwise assess the costs under\nrule 1809.\n","sortOrder":509},{"sectionNumber":"1809","sectionType":"section","heading":"Costs—default assessment if no objection to bill of costs","content":"1809 Costs—default assessment if no objection to bill of costs\n(1) This rule applies if the party liable for costs does not file a notice of\nobjection to the bill of costs.\n(2) On proof that the bill of costs was served on the party liable for the\ncosts, the registrar must—\n(a) assess the costs without considering each item and by allowing\nthe costs claimed in the bill of costs; and\n(b) issue a certificate of assessment for the amount of the assessed\n(3) However—\n(a) despite subrule (2) (a)—\n(i) the costs must be assessed subject to rule 1804 (Costs—\npayment of disbursements); and\n\nRule 1810\n(ii) the costs of attending the assessment of costs (other than\nattendances the registrar considers necessary) , and any\nother anticipated costs included in the bill, are not\nallowable; and\n(b) subrule (2) (a) does not prevent the registrar correcting an\nobvious error in the bill of costs or assessing the costs differently\nin exceptional circumstances.\n","sortOrder":510},{"sectionNumber":"1810","sectionType":"section","heading":"Costs—setting aside default assessment","content":"1810 Costs—setting aside default assessment\n(1) On the application of the party liable for costs, the court may amend\nor set aside a certificate of assessment issued under rule 1809 (2) (b).\n(a) an affidavit explaining—\n(i) the party’s failure to file a notice of objection to the bill of\ncosts; and\n(ii) any delay; and\n(b) a notice of objection under rule 1807, as an exhibit to the\n(3) Rule 1808 (Costs—assessment must be limited) applies to any\nreassessment of costs on an application made under this rule.\n(4) The costs of an application under this rule are to be paid by the\napplicant unless the court otherwise orders.\n","sortOrder":511},{"sectionNumber":"1811","sectionType":"section","heading":"Costs—offer to settle","content":"1811 Costs—offer to settle\n(1) A party liable to pay costs may serve on the party entitled to the costs\na written offer to settle the costs.\n\nRule 1811\n(2) An offer to settle costs—\n(a) must state it is made under this rule; and\n(b) must be clear and unconditional; and\n(c) must be for all of the person’s liability for costs (and any interest\nclaimed on the costs) in the proceeding to the party to whom it\nis made; and\n(d) may be served at any time after whichever of the following\napplies, but at least 2 days before the day the bill of costs is to\nbe assessed:\n(i) if costs are payable under an order—the day the order is\nmade;\n(ii) if costs are not payable under an order—the day liability\nfor costs accrues.\n(3) An offer to settle costs—\n(a) cannot be withdrawn without the court’s leave; and\n(b) does not lapse because the party to whom it is made rejects or\nfails to accept it; and\n(c) ends at the end of 14 days after the day it is made or when the\nassessment of the bill of costs to which it relates starts\n(whichever is the earlier).\n(4) Except for rule 1812, a party must not disclose to the registrar the\namount of an offer to settle until the registrar has assessed all items\nin the bill of costs, and decided all issues, other than the cost of the\n\nRule 1812\n","sortOrder":512},{"sectionNumber":"1812","sectionType":"section","heading":"Costs—acceptance of offer to settle","content":"1812 Costs—acceptance of offer to settle\n(1) An acceptance of an offer to settle must be in writing.\n(2) If a party gives the registrar a copy of the offer and the acceptance of\nthe offer, the amount of the offer is taken to be assessed costs of the\n","sortOrder":513},{"sectionNumber":"1813","sectionType":"section","heading":"Costs—rejection of offer to settle","content":"1813 Costs—rejection of offer to settle\n(1) This rule applies if a party entitled to costs does not accept an offer to\nsettle made under rule 1811 by a party liable to pay the costs.\n(2) If the amount of the bill of costs allowed by the registrar, before\ndeciding the costs of the assessment, is equal to, or more than, the\namount of the offer, the party liable to pay the costs must pay the costs\nof the assessment, unless the registrar otherwise orders.\n(3) If the amount of the bill of costs allowed by the registrar, before\ndeciding the costs of the assessment, is less than the amount of the\noffer, the party entitled to the costs must not recover the costs of the\nassessment, but must pay the costs of the assessment of the party\nliable for the costs, unless the registrar otherwise orders.\n(4) For this rule, the costs of the assessment of a party are the costs that\nhave been, or will be, incurred by the party on and from the day the\noffer to settle was served, and includes any fee determined under the\nCourt Procedures Act 2004, part 3 (Court and tribunal fees) for the\n","sortOrder":514},{"sectionNumber":"1814","sectionType":"section","heading":"Costs—Calderbank offer to settle","content":"1814 Costs—Calderbank offer to settle\n(1) This rule applies if a party entitled to costs serves on the party liable\nto pay the costs—\n(a) a bill of costs; and\n(b) not before the bill of costs is served—a written offer to settle the\n\nProcedure on costs assessment Division 2.17.6\nRule 1830\n(2) The offer to settle costs must state that, if the offer is not accepted and\nthe amount of the bill of costs allowed by the registrar for costs up to\nthe date of the offer is equal to, or more than, the amount of the offer,\nthe party entitled to the costs may apply to the court for an order that\nthe costs of the assessment be assessed on a basis other than a party\nand party basis.\n(3) A party must not disclose to the registrar the amount of an offer to\nsettle until the registrar has assessed all items in the bill of costs, and\ndecided all issues, other than the costs of the assessment.\n(4) If the amount of the bill of costs allowed by the registrar for costs up\nto the date of the offer is equal to, or more than, the amount of the\noffer, the party entitled to costs may apply to the court for an order in\nrelation to the costs of the assessment.\nNote 1 The court may order that costs be assessed on a basis other than a party\nand party basis (see r 1752 (1) (b)).\nNote 2 The registrar may exercise the jurisdiction of the court under\nr 1752 (1) (b) (see r 6250 (2) (a) and r 6251 (2) (a), and sch 5, pt 5.1 and\npt 5.4)\n","sortOrder":515},{"sectionNumber":"1830","sectionType":"section","heading":"Costs—attendance of parties at assessment","content":"1830 Costs—attendance of parties at assessment\n(1) The registrar may give directions about—\n(a) who must be served with a bill of costs; and\n(b) who should attend or be represented when the registrar is\nassessing costs.\n(2) If the registrar considers a person’s attendance at an assessment is\nunnecessary, the registrar may disallow the costs of the person’s\nattendance.\n(3) This rule does not prevent a person affected by an assessment\nattending the assessment.\n\nRule 1831\n(4) If the registrar gives a direction under subrule (1) (a) and costs are\npayable by a fund, the party entitled to costs must also serve a\nnotice—\n(a) identifying the fund; and\n(b) stating that the costs in the bill of costs are payable by the fund;\nand\n(c) stating when the costs are to be assessed; and\n(d) containing any other information the registrar requires to be\nincluded in the notice.\n","sortOrder":516},{"sectionNumber":"1831","sectionType":"section","heading":"Costs—notice of adjournment of assessment","content":"1831 Costs—notice of adjournment of assessment\n(1) If an assessment is adjourned for any reason, the party with the\ncarriage of the assessment must give notice of the adjournment to any\nsolicitor or party served with the original bill of costs but not present\nwhen the assessment was adjourned.\n(2) This rule applies unless the registrar otherwise directs.\n","sortOrder":517},{"sectionNumber":"1832","sectionType":"section","heading":"Costs—delay before registrar etc","content":"1832 Costs—delay before registrar etc\nIf, on an assessment before the registrar, a party or a legal practitioner\nacting for a party, puts another party to any unnecessary or improper\nexpense or inconvenience because of neglect or delay, the registrar\nmay—\n(a) order the first party to pay the costs, or part of the costs, of the\nproceeding before the registrar to any party; or\n(b) refuse to allow fees to which the practitioner would otherwise\nbe entitled.\n\nProcedure on costs assessment Division 2.17.6\nRule 1833\n","sortOrder":518},{"sectionNumber":"1833","sectionType":"section","heading":"Costs—set off of costs","content":"1833 Costs—set off of costs\n(1) If a party entitled to be paid costs is also liable to pay costs, the\nregistrar may—\n(a) assess the costs the party is liable to pay, set off the amount\nassessed against the amount the party is entitled to be paid, and\nby order set the amount of the balance and by whom the balance\nis payable; or\n(b) decline to make an order for costs the party is entitled to be paid\nuntil the party has paid the amount the party is liable to pay.\n(2) Costs may be set off under subrule (1) even though a solicitor for a\nparty has a lien for costs of the proceeding.\n","sortOrder":519},{"sectionNumber":"1834","sectionType":"section","heading":"Costs—bill of costs reduced by 15% or more","content":"1834 Costs—bill of costs reduced by 15% or more\n(1) This rule applies if on the assessment of costs payable out of a fund\nor estate, or out of the assets of a company in liquidation, the amount\nof professional charges and disbursements is reduced by 15% or\nmore.\n(2) The registrar must not allow the solicitor filing the bill of costs for\nassessment any costs for preparing the bill of costs or attending the\nassessment, unless the registrar otherwise orders.\n","sortOrder":520},{"sectionNumber":"1835","sectionType":"section","heading":"Costs—registrar’s certificate of assessment","content":"1835 Costs—registrar’s certificate of assessment\n(1) The registrar must issue a certificate of assessment for the amount at\nwhich a bill of costs has been assessed.\nNote See approved form 2.46 (Certificate of costs assessment) AF2006-291.\n(2) However, the registrar must not sign the certificate of assessment\nuntil the end of 14 days after the day the assessment is made, unless\nthe parties to the assessment agree.\nNote An application for reconsideration may be filed within the 14-day period\n(see r 1852 (Costs—procedure for reconsideration)).\n\nRule 1836\n(3) Subrule (2) does not apply if—\n(a) costs are assessed under rule 1809 (Costs—default assessment\nif no objection to bill of costs); or\n(b) an offer to settle is accepted under rule 1812 (Costs—acceptance\nof offer to settle).\n(4) If a notice is filed under rule 1852 in relation to the assessment, the\nregistrar must not sign the certificate of assessment until after the\nreconsideration procedure ends.\n(5) However, if a notice is not filed under rule 1852 in relation to the\nassessment, the registrar must sign and file the certificate of\n(6) The certificate of assessment is final when it is signed, sealed and\nfiled by the registrar, and operates as if the certificate were an order\nof the court.\n","sortOrder":521},{"sectionNumber":"1836","sectionType":"section","heading":"Costs—interim certificates of assessment","content":"1836 Costs—interim certificates of assessment\nThe registrar may issue 1 or more interim certificates of assessment\nin an assessment for any part of the assessed costs, without waiting\nuntil a certificate of assessment can be issued for the full amount of\nthe assessed costs.\nDivision 2.17.7 Reconsideration and review of costs\nassessment\n","sortOrder":522},{"sectionNumber":"1850","sectionType":"section","heading":"Application—div 2.17.7","content":"1850 Application—div 2.17.7\nThis division does not apply to—\n(a) an assessment under rule 1809 (Costs—default assessment if no\nobjection to bill of costs); or\n(b) an interim assessment under rule 1836.\n\nReconsideration and review of costs assessment Division 2.17.7\nRule 1851\n","sortOrder":523},{"sectionNumber":"1851","sectionType":"section","heading":"Costs—application for reconsideration","content":"1851 Costs—application for reconsideration\n(1) This rule applies if a party has objected under rule 1807 (Costs—\nnotice of objection to bill of costs) or attends an assessment and\nobjects to any decision of the registrar.\n(2) The party may apply to the registrar in accordance with rule 1852 for\nreconsideration of the decision.\n(3) For this rule, the registrar does not make a decision on an item in a\nbill of costs if no-one objected, or sought to object, to the item and\nthe registrar allows the item.\n","sortOrder":524},{"sectionNumber":"1852","sectionType":"section","heading":"Costs—procedure for reconsideration","content":"1852 Costs—procedure for reconsideration\n(1) A party must apply for reconsideration of a decision of the registrar\nunder this part by notice given to the registrar.\nNote See approved form 2.47 (Notice for reconsideration of costs assessment)\nAF2006-292.\n(2) The notice must be filed not later than 14 days after the day the\nassessment was made.\n(3) The applicant must file with, or include in, the notice a statement of\n(4) The statement of objection must—\n(a) give the number of each item in the bill of costs to which the\ndecision objected to relates; and\n(b) for each objection—briefly state the reasons for the objection\nidentifying any issue of law or fact the applicant considers the\nregistrar must consider to make a decision in favour of the\n(5) The applicant must, not later than 3 days after the day the notice and\nstatement of objection are filed, serve a stamped copy of the notice\nand statement on any other party who attended the assessment.\n\nRule 1853\n(6) If the applicant is the party liable to pay the costs, the applicant must\nnot include in the statement of objection any objection not previously\ntaken or sought to be taken.\n","sortOrder":525},{"sectionNumber":"1853","sectionType":"section","heading":"Costs—reply to objection on reconsideration","content":"1853 Costs—reply to objection on reconsideration\n(1) If a party to an assessment is served with a notice and statement of\nobjection under rule 1852, the party may file a reply to the statement\nNote See approved form 2.48 (Reply to statement of objection for costs\nassessment) AF2006-293.\n(2) The reply must state specifically any issue of law or fact that the party\nfiling the reply considers the registrar must consider to make a\ndecision in favour of the party.\n(3) The party must serve a stamped copy of the reply on the party who\napplied for reconsideration.\n(4) The reply must be filed and served not later than 14 days after the day\nthe statement of objection is served.\n","sortOrder":526},{"sectionNumber":"1854","sectionType":"section","heading":"Costs—reconsideration of registrar’s assessment","content":"1854 Costs—reconsideration of registrar’s assessment\n(1) If a party files a notice and statement under rule 1852 (Costs—\nprocedure for reconsideration), the registrar must—\n(a) reconsider a decision objected to having regard to the statement\nof objection and any reply filed under rule 1853; and\n(b) give reasons for the decision on reconsideration; and\n(c) issue a certificate of assessment in accordance with the decision\non reconsideration.\n(2) Subject to rule 1855, a certificate of assessment issued under\nsubrule (1) (c) is final.\n\nReconsideration and review of costs assessment Division 2.17.7\nRule 1855\n","sortOrder":527},{"sectionNumber":"1855","sectionType":"section","heading":"Costs—review by court","content":"1855 Costs—review by court\n(1) A party dissatisfied with the decision of the registrar on\nreconsideration under rule 1854 may apply to the court to review the\n(a) give the number of each item in the bill of costs to which the\ndecision objected to relates; and\n(b) state briefly, but specifically, the grounds for objecting to the\ndecision; and\n(c) state briefly the reasons for the grounds; and\n(d) state the decision sought from the court in relation to each\n(3) The party must file the application, and serve a stamped copy of it on\nall other parties to the assessment, not later than 14 days after the day\nthe registrar made the decision on reconsideration under rule 1854.\n(4) Unless the court otherwise orders, on the review a party must not—\n(a) present evidence; or\n(b) raise any ground of objection not stated in a statement of\nobjection or raised before the registrar.\n(5) On the review, the court may—\n(a) exercise all the powers of the registrar in relation to the items of\nthe bill of costs under objection; and\n(b) amend or set aside the registrar’s decision; and\n(c) return any item in the bill of costs to the registrar for\nreconsideration, whether with or without directions to the\nregistrar; and\n\nRule 1900\n(d) make any other order it considers appropriate.\n(6) Unless the court otherwise orders, the review does not operate as a\nstay of the registrar’s decision.\n","sortOrder":528},{"sectionNumber":"1900","sectionType":"section","heading":"Security for costs—application and order","content":"1900 Security for costs—application and order\n(1) On application by a defendant, the court may order the plaintiff to\ngive the security it considers appropriate for the defendant’s costs of\n(2) An application must be supported by an affidavit setting out the facts\nrelied on and the grounds on which the order is sought.\n","sortOrder":529},{"sectionNumber":"1901","sectionType":"section","heading":"Security for costs—when court may make order","content":"1901 Security for costs—when court may make order\nThe court may order a plaintiff to give security for costs under\nrule 1900 only if satisfied—\n(a) the plaintiff is a corporation and there is reason to believe the\nplaintiff will not be able to pay the defendant’s costs if ordered\nto pay them; or\n(b) the plaintiff is suing for the benefit of someone else, rather than\nfor the plaintiff’s own benefit, and there is reason to believe the\nplaintiff will not be able to pay the defendant’s costs if ordered\nto pay them; or\n(c) the plaintiff’s address is not stated, or is misstated, in the\noriginating process, and there is reason to believe that the failure\nto state an address, or the misstatement of the address, was made\nwith intention to deceive; or\n\nSecurity for costs Division 2.17.8\nRule 1902\n(d) the plaintiff has changed address since the start of the\nproceeding and there is reason to believe this was done to avoid\nthe consequences of the proceeding; or\n(e) the plaintiff is ordinarily resident outside Australia; or\n(f) the plaintiff is, or is about to depart Australia to become,\nordinarily resident outside Australia and there is reason to\nbelieve the plaintiff has insufficient fixed and permanent\nproperty in Australia available for enforcement to pay the\ndefendant’s costs if ordered to pay them; or\n(g) a territory law authorises the order to be made; or\n(h) the justice of the case requires the order to be made.\n","sortOrder":530},{"sectionNumber":"1902","sectionType":"section","heading":"Security for costs—discretionary factors","content":"1902 Security for costs—discretionary factors\n(1) In deciding whether to make an order for security for costs under\nrule 1900, the court may have regard to any of the following matters:\n(a) the means of the people standing behind the proceeding;\n(b) the prospects of success or merits of the proceeding;\n(c) the genuineness of the proceeding;\n(d) for rule 1901 (a)—the corporation’s lack of financial resources;\n(e) whether the plaintiff’s lack of financial resources is attributable\nto the defendant’s conduct;\n(f) whether the plaintiff is effectively in the position of a defendant;\n(g) whether an order for security for costs would be oppressive;\n(h) whether an order for security for costs would stop or limit the\nprogress of the proceeding;\n(i) whether the proceeding involves a matter of public importance;\n\nRule 1903\n(j) whether there has been an admission or payment into court;\n(k) whether delay by the plaintiff in starting the proceeding has\nunfairly prejudiced the defendant;\n(l) whether an order for costs made against the plaintiff would be\nenforceable within the jurisdiction;\n(m) the estimated costs of the proceeding.\n(2) This rule does not limit the matters to which the court may have\n","sortOrder":531},{"sectionNumber":"1903","sectionType":"section","heading":"Security for costs—way security given","content":"1903 Security for costs—way security given\n(1) If the court orders the plaintiff to give security for costs, the security\nmust be given for the amount, in the form, at the time the court directs.\n(2) If the court does not state the form of security to be given—\n(a) the security must be given in a form satisfactory to the registrar;\nand\n(b) the registrar’s approval of the form of security must be written\non the order before it is issued.\n(3) After giving the security, the plaintiff must serve on the defendant\nnotice of the time when, and the way, the security was given.\n","sortOrder":532},{"sectionNumber":"1904","sectionType":"section","heading":"Security for costs—effect of order","content":"1904 Security for costs—effect of order\n(1) This rule applies if the court orders the plaintiff to give security for\n(2) The time set by these rules or by an order of the court for another\nparty to take a step in the proceeding does not run until security is\n\nSecurity for costs Division 2.17.8\nRule 1905\n(3) If security is not given under the order—\n(a) the proceeding is stayed as far as it concerns steps to be taken\nby the plaintiff; and\n(b) the court may, on the defendant’s application, dismiss all or part\nof the proceeding.\n","sortOrder":533},{"sectionNumber":"1905","sectionType":"section","heading":"Security for costs—setting aside or amending order","content":"1905 Security for costs—setting aside or amending order\nThe court may, in special circumstances, amend or set aside an order\nmade under this division.\n","sortOrder":534},{"sectionNumber":"1906","sectionType":"section","heading":"Security for costs—finalising security","content":"1906 Security for costs—finalising security\n(1) This rule applies if, in a proceeding, security for costs has been given\nby a party under an order made under this division.\n(2) If judgment is given requiring the party to pay all or part of the costs\nof the proceeding or any application in the proceeding, the security\nmay be applied in satisfaction of the costs.\n(3) However, the security must be discharged—\n(a) if a judgment is given and the judgment does not require the\nparty to pay all or part of the costs of the proceeding or any\napplication in the proceeding; or\n(b) if the court orders the discharge of the security; or\n(c) if the party entitled to the benefit of the security agrees to its\ndischarge; or\n(d) in relation to the balance after costs have been satisfied under\nsubrule (2).\nA security given by a payment into court is discharged by payment of the security\nout of court to the party who made the payment.\n\nRule 1920\n","sortOrder":535},{"sectionNumber":"1920","sectionType":"section","heading":"Liquidator, guardian or manager—accounts","content":"1920 Liquidator, guardian or manager—accounts\nDivision 2.9.5 (Receivers) applies in relation to the accounts of a\nliquidator, guardian or manager, with any necessary changes, in the\nsame way as it applies to a receiver’s accounts.\n\n","sortOrder":536},{"sectionNumber":"2000","sectionType":"section","heading":"Definitions—pt 2.18","content":"2000 Definitions—pt 2.18\naccount, for a financial institution, includes—\n(a) a deposit account or withdrawable share account; and\n(b) any record of deposit or subscription for withdrawable shares;\nand\n(c) a loan account that has a credit balance.\ncharging order—see rule 2401.\ndebt redirection order—see rule 2301 (1).\ndefendant, for division 2.18.17 (Enforcement—arrest warrants for\nabsconding defendants)—see rule 2551.\nearnings, of an enforcement debtor, means any of the following that\nare owing or accruing to the debtor:\n(a) wages or salary, including, for example, any allowance, bonus,\ncommission, fee, overtime pay or other amount received under\na contract of employment;\n(b) an amount that, although not payable under a contract of\nemployment, is analogous to or in the nature of wages or salary,\nincluding, for example, an amount received under a contract for\nservices;\n\n(c) any other amount received, or the value of any benefit gained,\nas compensation for services or profit arising from a contract of\nemployment, contract for services or position;\n(d) a pension, benefit or similar payment;\n(e) an annuity;\n(f) an amount payable instead of leave;\n(g) retirement benefit.\nearnings redirection order—see rule 2350.\nemployer, of an enforcement debtor, means a person who, as\nprincipal, rather than as employee or agent, pays, or is likely to pay,\nearnings to the enforcement debtor.\nNote This term applies to the Territory as an employer (see Legislation Act,\ns 121 (Binding effect of Acts)).\nenforceable money order, of the court, means—\n(a) a money order of the court; or\n(b) a money order of another court or tribunal filed or registered,\nunder a territory law or a law of the Commonwealth, in the court\nfor enforcement.\nenforceable non-money order, of the court, means—\n(a) a non-money order of the court; or\n(b) a non-money order of another court or tribunal filed or\nregistered, under a territory law or a law of the Commonwealth,\nin the court for enforcement.\n\nenforcement creditor, for an enforceable money order of the court,\nmeans—\n(a) the person entitled to enforce the money order; or\n(b) the person to whom the benefit of part of the money order has\npassed by way of assignment or in another way.\nenforcement debtor, for an enforceable money order of the court,\nmeans the person required to pay an amount under the money order.\nenforcement hearing subpoena means a subpoena issued under\nrule 2103.\nenforcement hearing warrant—see rule 2110 (2).\nenforcement officer means the sheriff, a sheriff’s officer or a bailiff.\nenforcement order, of the court—\n(a) means an order of the court made under this part to enforce an\nenforceable money order or non-money order; and\n(b) includes an order mentioned in rule 2001 (3), but, to remove any\ndoubt, does not include an instalment order.\nexempt property means property that is not divisible among the\ncreditors of a bankrupt under the relevant bankruptcy law as in force\nfrom time to time and, for the enforcement debtor for an enforceable\nmoney order of the court, includes property of the enforcement debtor\nto which an order under rule 2202 (1) (Seizure and sale order—\nadditional exempt property) applies.\nfourth person, for division 2.18.7 (which is about regular redirections\nfrom financial institutions)—see rule 2330.\n\ninstalment order—see rule 2150 (1).\ninstalment order agreement—see rule 2157.\nmoney order means an order of a court or tribunal, or part of an order\nof a court or tribunal, for the payment to a person (but not into court)\nof an amount, including an amount for damages, whether or not the\namount is or includes an amount for interest or costs.\nnon-money order means an order of a court or tribunal, or part of an\norder of a court or tribunal, for a form of relief other than the payment\nof an amount, whether or not the amount includes an amount for costs.\nofficer, of a corporation, includes a former officer of the corporation.\norder debt, for an enforceable money order of the court, means the\namount payable under the money order, and includes any amount\npayable under these rules without the need for an order.\norder for delivery of possession of land—see rule 2451.\norder for seizure and delivery of goods—see rule 2460.\norder for seizure and detention of property—see rule 2470.\npartner includes a former partner.\n\nplaintiff, for division 2.18.17 (Enforcement—arrest warrants for\nabsconding defendants)—see rule 2551.\nprincipal officer, of a corporation, means a person who is or has\nbeen—\n(a) the chair, or president, (however described) of the governing\nbody of the corporation; or\n(b) the general manager, chief executive officer, or other person,\n(however described) having general management of the affairs\nof the corporation; or\n(c) the secretary, treasurer, or other person, (however described)\nhaving the general function of accepting correspondence for the\nregular deposit, for division 2.18.7 (which is about regular\nredirections from financial institutions)—see rule 2330.\nregular redirection order—see rule 2332.\nsecurity interest—see rule 2401.\nseizure and sale order—see rule 2200.\nsenior officer, of a corporation, includes the principal officer of the\ncorporation and anyone else who (whether alone or with others) has\nor has had powers of management, direction or control of the\nthird person, for division 2.18.6 (which is about debt redirection\norders generally)—see rule 2300.\nNote The Territory may be a third person (see Legislation Act, s 121 (Binding\neffect of Acts)).\n\nRule 2001\n","sortOrder":537},{"sectionNumber":"2001","sectionType":"section","heading":"Enforcement orders generally","content":"2001 Enforcement orders generally\n(1) To enforce an order (the original order) (but not an order for the\npayment of money into court), a person entitled to enforce the original\norder may obtain an enforcement order from the court.\n(2) An enforcement order may contain any order directed to enforcing\nthe original order.\n(3) Without limiting subrule (2), an enforcement order includes the\n(a) a seizure and sale order (see division 2.18.5);\n(b) a debt redirection order (see division 2.18.6);\n(c) a regular redirection order (see division 2.18.7);\n(d) an earnings redirection order (see division 2.18.8);\n(e) a charging order (see division 2.18.9);\n(f) an order under division 2.18.10 relating to amounts or securities\nin court;\n(g) an order under division 2.18.11 appointing a receiver;\n(h) an order for delivery of possession of land (see\ndivision 2.18.13);\n(i) an order for seizure and delivery of goods (see division 2.18.14);\n(j) an order for seizure and detention of property (see\ndivision 2.18.15);\n(k) an order issuing an arrest warrant or an arrest and detention\nwarrant under division 2.18.16 (Contempt).\n\nRule 2002\n(4) An enforcement order may contain 2 or more orders directed to\nenforcing the original order and may be made to enforce an original\norder that is a money order and a non-money order.\n(5) Without limiting rule 6901 (Orders may be made on conditions), an\nenforcement order may be made on conditions about the payment of,\nor giving security for, the estimated expenses of an enforcement\nofficer in enforcing the order.\n","sortOrder":538},{"sectionNumber":"2002","sectionType":"section","heading":"Enforcement—enforcement application is application in","content":"2002 Enforcement—enforcement application is application in\noriginal proceeding\nAn application to the court for an enforcement order in relation to an\nenforceable money order or non-money order of the court is an\napplication in the proceeding in the court in which the money order\nor non-money order was made, registered or filed.\nA person’s address for service in the proceeding in the court in which the money\norder or non-money order was made, registered or filed is the person’s address for\nservice for an application to the court for an enforcement order in relation to the\nmoney order or non-money order (unless the address for service is changed under\nthese rules).\n","sortOrder":539},{"sectionNumber":"2003","sectionType":"section","heading":"Enforcement—by or against non-party","content":"2003 Enforcement—by or against non-party\n(1) If an order is made in favour of, or obtained by, a person who is not a\nparty to the proceeding in which the order is made, the person may\nenforce the order as if the person were a party.\n(2) However, the person must not start a proceeding to enforce the order\nunless the person gives the court an address for service.\n(3) If an order is made against a person who is not a party when the order\nis made, the order may be enforced against the person as if the person\nwere a party.\n\nRule 2004\n(4) If an order is made against a corporation that is not a party when the\norder is made, a senior officer of the corporation is liable to the same\nprocess of enforcement as if the corporation were a party.\n","sortOrder":540},{"sectionNumber":"2004","sectionType":"section","heading":"Enforcement—amount recoverable","content":"2004 Enforcement—amount recoverable\n(1) The costs of enforcement of an order are recoverable as part of the\nNote The costs of enforcement may be allowed without assessment if the costs\n(other than disbursements incurred) are not more than the amount in sch\n3, pt 3.4.\n(2) Interest on an order debt is recoverable as part of the money order.\n","sortOrder":541},{"sectionNumber":"2005","sectionType":"section","heading":"Enforcement—separate enforcement for costs","content":"2005 Enforcement—separate enforcement for costs\nA person entitled to enforce an order with costs may enforce the order\nand, when the costs become payable, enforce payment of the costs\nseparately.\n","sortOrder":542},{"sectionNumber":"2006","sectionType":"section","heading":"Enforcement—order in partnership name","content":"2006 Enforcement—order in partnership name\n(1) An order against partners in the partnership name may be enforced\nagainst 1 or more of the following:\n(a) partnership property;\n(b) a partner who filed a defence;\n(c) a person who has admitted being a partner;\n(d) a person who the court has decided is a partner;\n(e) a person who has been individually served as a partner with the\noriginating process and who has not filed a defence.\n\nRule 2007\n(2) On application by a person entitled to enforce an order against\npartners in the partnership name, the court may amend the order to\nmake it an order against the people who were partners when the cause\nof action arose.\namendment or leave under this rule.\n(3) On application by a person entitled to enforce an order against\npartners in the partnership name, the court may give leave for the\norder to be enforced against someone else who is liable to satisfy the\n(4) The application for leave must be served on the person against whom\nthe order is sought to be enforced.\nNote Rule 6008 (3) (Application in proceeding—filing and service) applies to\nservice of the application for leave.\n(5) If, on the hearing of the application for leave, the person denies\nliability, the court may decide liability summarily or give directions\nabout how liability is to be decided.\n","sortOrder":543},{"sectionNumber":"2007","sectionType":"section","heading":"Enforcement—against property of partnership","content":"2007 Enforcement—against property of partnership\nAn enforcement order must not be made against property of a\npartnership except to enforce an order against the partnership.\n","sortOrder":544},{"sectionNumber":"2008","sectionType":"section","heading":"Enforcement—against property of business","content":"2008 Enforcement—against property of business\n(a) a proceeding is brought against a person under a business name;\nand\n(b) rule 291 (Proceeding in business name if unregistered etc)\napplies to the business name.\n(2) An order in the proceeding may be enforced against any property of\nthe person.\n\nRule 2009\n(3) The court may amend an order made in the proceeding to make it an\norder against the person.\nan order.\n","sortOrder":545},{"sectionNumber":"2009","sectionType":"section","heading":"Enforcement—enforcement of Supreme Court order in","content":"2009 Enforcement—enforcement of Supreme Court order in\nMagistrates Court\n(1) If the amount payable under an enforceable money order of the\nSupreme Court is within the jurisdiction of the Magistrates Court, the\norder may be enforced in the Magistrates Court.\n(2) To enforce the order, the order must be filed in the Magistrates Court.\n(3) Unless the Supreme Court otherwise orders, the costs of the order’s\nenforcement, whether in the Supreme Court or the Magistrates Court,\nmust be assessed on the basis of work done for or in relation to a\nproceeding in the Magistrates Court.\n","sortOrder":546},{"sectionNumber":"2010","sectionType":"section","heading":"Enforcement—enforcement of Magistrates Court order in","content":"2010 Enforcement—enforcement of Magistrates Court order in\norder of the Magistrates Court, the Magistrates Court may give the\nenforcement creditor a certificate of—\n(a) the money order; and\n(b) the amount owing under the money order (including any amount\npayable for interest and costs).\n(2) An application under subrule (1) is made by filing in the Magistrates\n(a) a draft certificate; and\n(b) an affidavit in support of the application that contains sufficient\ninformation to enable the court to give the certificate.\n\nRule 2010A\n(4) The draft certificate and affidavit need not be served on anyone unless\n(5) Unless the court otherwise orders on its own initiative, the application\nmust be dealt with without a hearing and in the absence of the parties.\n(6) The court may give a certificate under subrule (1) only if—\n(a) a seizure and sale order previously made for the order has been\nreturned completely or partly unsatisfied; or\n(b) the court otherwise considers it appropriate.\n(7) If the certificate is given, no further action may be taken in the\nMagistrates Court to enforce the money order.\n(8) However, if the certificate, and an affidavit in support setting out the\namount owing under the money order and relevant details about\ninterest and costs, is filed in the Supreme Court, final judgment may\nbe entered in the Supreme Court in favour of the enforcement creditor\nfor—\n(a) the amount stated in the certificate as the amount owing under\nthe money order; and\n(b) any interest and costs up to the day of entry of final judgment.\n(9) Subrule (8) does not authorise the giving of interest on interest.\n(10) A judgment entered under subrule (8) may be enforced as if it were a\nmoney order made by the Supreme Court.\n","sortOrder":547},{"sectionNumber":"2010A","sectionType":"section","heading":"Enforcement—certificate of registration of enforceable","content":"2010A Enforcement—certificate of registration of enforceable\norder under Service and Execution of Process Act\n(1) This rule applies in relation to an application for the registration in a\ncourt of an enforceable order of another court or tribunal under the\nService and Execution of Process Act 1992 (Cwlth), section 105.\n\nRule 2010A\n(2) An application under subrule (1) is made by filing in the court—\n(a) a copy, sealed by the court or tribunal that made the order, of the\nenforceable order, or a fax of the copy so sealed; and\n(b) a draft certificate with a copy of the sealed copy of the order\nattached.\n(4) A copy of the enforceable order and draft certificate need not be\n(5) The court may give the applicant a sealed copy of the certificate of\nregistration of the enforceable order, with a copy of the enforceable\norder sealed by the registering court attached.\nNote See approved form 2.85 (Certificate of registration of enforceable order)\nAF2008-120.\n(6) If a fax is filed under subrule (2) (a)—\n(a) the copy, sealed by the court or tribunal that made the order, of\nthe enforceable order must be filed with the court not later than\n7 working days after the day the fax is filed; and\n(b) if the copy so sealed is not filed with the court within the 7-day\nperiod, a proceeding to enforce the enforceable order must not\nbe started or continued until the copy is filed or unless the court\ngives leave.\n(7) An application for leave to start, or continue, an enforcement\nproceeding need not be served on anyone unless the court otherwise\n\nRule 2010B\ncertificate of registration, of an order, means the certificate given\nunder subrule (5), signed by the registrar, certifying that the\nenforceable order is registered.\nenforceable order means—\n(a) an enforceable money order; or\n(b) an enforceable non-money order.\nworking day means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday or bank holiday.\n","sortOrder":548},{"sectionNumber":"2010B","sectionType":"section","heading":"Enforcement—assessment of costs for certificate of","content":"2010B Enforcement—assessment of costs for certificate of\n(1) This rule applies if the court registers an enforceable order of another\ncourt under rule 2010A.\n(2) The applicant’s costs and disbursements (plus any filing and service\nfees actually paid):\n(a) must be allowed without assessment if the costs and\ndisbursements claimed (other than any filing and service fees\nactually paid) are not more than the costs amount applying, from\ntime to time, under schedule 3, part 3.5 (Certificate of\nregistration); and\n(b) must be agreed or assessed if the costs and disbursements\nclaimed (other than any filing and service fees actually paid) are\nmore than the costs amount applying under schedule 3, part 3.5.\n\nRule 2011\n","sortOrder":549},{"sectionNumber":"2011","sectionType":"section","heading":"Enforcement—demand for compliance unnecessary","content":"2011 Enforcement—demand for compliance unnecessary\n(1) It is not necessary to demand compliance with an order before starting\nan enforcement proceeding for the order.\n(2) If, under a territory law or a court order, an order must be served on\na person before the order may be enforced against the person, the\norder may be served without a demand for compliance.\n","sortOrder":550},{"sectionNumber":"2012","sectionType":"section","heading":"Enforcement—when leave required","content":"2012 Enforcement—when leave required\n(1) A person entitled to enforce an order requires the court’s leave to start\nan enforcement proceeding in the following circumstances:\n(a) if the proceeding would be started more than 6 years after the\nday the order is made;\n(b) if the order is against any of the assets of a deceased person\ncoming to the hands of an executor or administrator after the\norder was made;\n(c) if the order is subject to a condition;\nNote See r 2014 (Enforcement—conditional orders).\n(d) if enforcement is sought as mentioned in rule 2006 (3)\n(Enforcement—order in partnership name);\n(e) for a money order—if there has been any change in the\nenforcement creditor or enforcement debtor, whether by\nassignment, death or otherwise;\n(f) if the order is for delivery of possession of land and a person\nother than the person against whom the original order for\npossession of land was made is in possession of the land or part\nof it;\nNote See r 2452 (2) (Orders for delivery of possession of land—\npreconditions).\n\nRule 2012\n(g) if the order is against property in the hands of a receiver\nappointed by the court;\n(h) if the order is against property in the hands of a sequestrator;\n(i) if the order is against a future asset of the enforcement debtor;\n(j) if the proceeding is an application for an enforcement order in\naid of another enforcement order.\nNote The Limitation Act 1985, s 14 makes provision for a 12 year limitation\nperiod in relation to the bringing of an action on a cause of action on a\n(2) An application for leave to start an enforcement proceeding need not\nbe served on anyone unless the court otherwise orders on its own\n(3) An application for leave to start an enforcement proceeding must be\naccompanied by an affidavit in support of the application.\n(4) The affidavit in support must state—\n(a) that the order has not been fully complied with; and\n(b) the extent (if any) to which the order has been partly complied\nwith; and\n(c) that the applicant is entitled to enforce the order; and\n(d) that the person against whom enforcement is sought is liable to\ncomply with the order; and\n(e) if it is more than 6 years since the day the order was made—the\nreasons for the delay; and\n(f) for a money order—\n(i) the amount (including any interest and costs) owing on the\nday the affidavit is made (the affidavit date); and\n\nRule 2013\n(ii) the daily amount of any interest that, subject to any future\npayment under the order, will accrue after the affidavit\n(iii) if there has been a change in an enforcement creditor or\nenforcement debtor—the change that has happened.\n(5) The affidavit must be sworn not earlier than 2 days before the day the\napplication for leave is filed in the court.\n","sortOrder":551},{"sectionNumber":"2013","sectionType":"section","heading":"Enforcement—stay","content":"2013 Enforcement—stay\n(1) On application by the enforcement debtor or other person liable to\ncomply with an enforceable money order or non-money order of the\ncourt or by someone else affected by the order, the court may—\n(a) by order, stay the enforcement of all or part of the order,\nincluding because of facts arising or discovered after the order\nwas made; and\n(b) make the orders it considers appropriate, including, for a money\norder, an instalment order.\nNote 1 Rule 2150 (Instalment order—making) provides for the making of\ninstalment orders.\nNote 2 See also r 2208 (Seizure and sale order—application for instalment order\nstays sale of seized property).\nNote 3 Pt 6.2 (Applications in proceedings) applies to an application under this\n(2) The application may be made whether or not an enforcement order\nhas already been made for the enforceable money order or non-money\n(3) The application must be accompanied by an affidavit in support of\n(4) Unless the court otherwise orders, the filing of the application does\nnot stay the operation of the order.\n\nRule 2014\n","sortOrder":552},{"sectionNumber":"2014","sectionType":"section","heading":"Enforcement—conditional orders","content":"2014 Enforcement—conditional orders\n(1) An order of the court subject to a condition may be enforced only if\nthe condition is satisfied.\nNote 2 The court’s leave is also required (see r 2012 (1) (c)).\n(2) Unless the court otherwise orders, if a person fails to satisfy a\ncondition the court has included in an order, the person entitled to the\nbenefit of the order loses the benefit.\n(3) The court may order otherwise for subrule (2) on an application made\nbefore or after the time to satisfy the condition has passed.\n(4) If subrule (2) applies to an order, then, unless the court otherwise\norders, any interested person may take any steps—\n(a) that are justified by the order; or\n(b) that might have been taken if the order had not been made.\n","sortOrder":553},{"sectionNumber":"2015","sectionType":"section","heading":"Enforcement—service of order and related information","content":"2015 Enforcement—service of order and related information\n(1) Before an enforcement proceeding can be started for an enforceable\nmoney order or non-money order of the court, a sealed copy of the\norder and a notice in accordance with subrule (2) must be served on\nthe enforcement debtor or other person liable to comply with the\nNote See approved form 2.49 (Notice about court order and enforcement\noptions) AF2024-23.\n(2) The notice mentioned in subrule (1) must include the following:\n(a) details of the order, including whether it was obtained by\ndefault;\n\nRule 2050\n(b) a summary of the enforcement options available to the\nenforcement creditor or other person entitled to enforce the\norder;\n(c) a summary of the options available to the enforcement debtor or\nother person liable to comply with the order, including—\n(i) if the order was obtained by default—that application can\nbe made to set the order aside; and\n(ii) for a money order—that application can be made for an\ninstalment order;\n(d) information about where the enforcement debtor or other person\nliable to comply with the order may be able to obtain legal or\nfinancial advice and assistance in relation to the order.\n(3) An enforcement proceeding may not be started before the end of\n7 days after the day the copy of the order and the notice are served on\nthe enforcement debtor.\norder includes a certificate of registration given under rule 2010A.\n","sortOrder":554},{"sectionNumber":"2050","sectionType":"section","heading":"Enforcement orders—content and issue","content":"2050 Enforcement orders—content and issue\n(1) An enforcement order must state—\n(a) for a money order—\n(i) the name of the enforcement debtor; and\n(ii) the amount recoverable under the order; and\n(iii) for an enforcement order to which rule 2052 applies—the\ndate the order ends; and\nNote Certain enforcement orders must end not later than 1 year\nafter they are made (see r 2052 (2)).\n\nRule 2050\n(b) for a non-money order—what is authorised under the order; and\n(c) any other details required under these rules.\nNote For other details required under these rules, see the following rules:\n• r 2333 (Regular redirection order—content)\n• r 2355 (Earnings redirection order—content).\n(2) For subrule (1) (a) (ii), the amount recoverable must include—\n(a) unless the court otherwise orders—\n(i) the unpaid costs of any previous enforcement proceeding\nfor the same money order (including any amounts\nrecoverable under the Service and Execution of Process\nAct 1992 (Cwlth)); and\n(ii) the unpaid interest on those costs; and\nan order otherwise ordering.\n(b) the costs relating to the enforcement order; and\n(c) the amount of interest on the order debt.\n(3) If the court makes any of the following enforcement orders, the\nregistrar must give a sealed copy of the order to an enforcement\nofficer to be enforced:\n(a) a seizure and sale order;\n(b) an order for delivery of possession of land;\n(c) an order for seizure and delivery of goods;\n(d) an order for seizure and detention of property;\n(e) an order issuing an arrest warrant or arrest and detention warrant\nunder division 2.18.16 (Contempt).\n\nRule 2051\n(4) If the court makes any of the following enforcement orders, the\nregistrar must give a sealed copy of the order to the enforcement\ncreditor to be enforced:\n(a) a debt redirection order;\n(b) a regular debt redirection order;\n(c) an earnings redirection order.\n(5) If the court makes either of the following enforcement orders, the\nregistrar must give a sealed copy of the order to the enforcement\ncreditor:\n(a) a charging order;\n(b) an order under division 2.18.10 relating to amounts or securities\nin court.\n(6) If the court makes an order under division 2.18.11 appointing a\nreceiver, the registrar must give a sealed copy of the order to the\nreceiver.\n","sortOrder":555},{"sectionNumber":"2051","sectionType":"section","heading":"Enforcement orders—application to set aside","content":"2051 Enforcement orders—application to set aside\n(1) This rule applies if an enforcement order is made for an enforceable\nmoney order or non-money order (the original order) of the court.\n(2) On application by the enforcement debtor or other person liable to\ncomply with the original order or by someone else affected by the\nenforcement order, the court may—\n(a) set the enforcement order aside; and\n(b) make the orders it considers appropriate, including, for an\nenforceable money order, an instalment order.\nNote 1 A person liable to comply with the original order may also seek a stay\nunder r 2013.\n\nRule 2052\n(3) Unless the court otherwise orders, the filing of the application does\nnot stay the operation of the enforcement order.\n","sortOrder":556},{"sectionNumber":"2052","sectionType":"section","heading":"Enforcement orders—duration and renewal of certain","content":"2052 Enforcement orders—duration and renewal of certain\nenforcement orders given to enforcement officers\n(1) This rule applies to the following enforcement orders:\n(a) a seizure and sale order;\n(b) an order for delivery of possession of land;\n(c) an order for seizure and delivery of goods;\n(d) an order for seizure and detention of property.\n(2) The enforcement order remains in force for 1 year after the day it is\nmade unless the order states that it ends at an earlier time.\nNote 1 A seizure and sale order may be extended under r 2222 (Seizure and sale\norder—postponement of sale).\nNote 2 The ending of a seizure and sale order under this rule does not affect any\nagreement for sale etc entered into before the order ends (see r 2228\n(Seizure and sale order—effect of ending of order on completion of sale\netc)).\n(3) However, the order may be renewed for further periods of not longer\nthan 1 year at a time.\n(4) An application for renewal of an enforcement order—\n(a) must be made before the order ends; and\n(b) is made by filing in the court—\n(i) a request for the order to be renewed for a stated period of\nnot longer than 1 year; and\n(ii) an affidavit setting out—\n(A) the matters required to be included in the affidavit in\nsupport of an application for an enforcement order of\nthat kind; and\n\nRule 2053\n(B) the reasons why the order has not been enforced\nduring the period that the order has been in force.\n(6) The request and affidavit need not be served on anyone unless the\n(7) Unless the court otherwise orders on its own initiative, an application\nfor renewal of an enforcement order must be dealt with without a\nhearing and in the absence of the parties.\n(8) If the court renews an enforcement order, the registrar must give a\nsealed copy of the order as renewed to an enforcement officer to be\nenforced.\n(9) A renewed enforcement order must be stamped with the seal of the\ncourt to show the period for which the order is renewed.\n(10) The priority of a renewed enforcement order is decided according to\nthe date the enforcement order was originally made.\n(11) The production of an enforcement order purporting to be stamped\nwith the seal of the court and showing the period for which the order\nhas been renewed is sufficient evidence for all purposes of the order\nhaving been renewed for the period.\n","sortOrder":557},{"sectionNumber":"2053","sectionType":"section","heading":"Enforcement orders—return by enforcement officer","content":"2053 Enforcement orders—return by enforcement officer\n(1) The registrar may require an enforcement officer who is given an\nenforcement order to enforce—\n(a) to prepare a statement of the steps the enforcement officer has\ntaken under the order; and\n(b) to send a copy of the order with the statement to the person who\nobtained the order; and\n\nRule 2054\n(c) to file in the court a copy of the order with the statement.\nNote An enforcement officer may also be required to give a report under\nr 2234 (Seizure and sale order—report by enforcement officer).\n(2) A person who obtains a seizure and sale order that is given to an\nenforcement officer to enforce may require the enforcement officer—\n(a) to prepare a statement of the steps the enforcement officer has\ntaken under the order; and\n(b) to send a copy of the order with the statement to the person; and\n(c) to file in the court a copy of the order with the statement.\n","sortOrder":558},{"sectionNumber":"2054","sectionType":"section","heading":"Enforcement orders—priority","content":"2054 Enforcement orders—priority\n(1) The precise time an application for an enforcement order is made\nmust be written on the application by the registrar.\n(2) If more than 1 application for an enforcement order against the same\nperson is made to the court, the court must make the orders in order\nof the times written on the applications.\n(3) The precise time an enforcement order is made must be written on the\norder by the registrar.\n(4) If more than 1 enforcement order against the same person is given to\nan enforcement officer, the enforcement officer must enforce the\norders in order of the times written on the orders.\nprecise time means the hour, day, month and year.\n","sortOrder":559},{"sectionNumber":"2055","sectionType":"section","heading":"Enforcement orders—payment under order","content":"2055 Enforcement orders—payment under order\nA payment under an enforcement order discharges the person making\nthe payment to the extent of the payment.\n\nRule 2056\n","sortOrder":560},{"sectionNumber":"2056","sectionType":"section","heading":"Enforcement orders—orders about enforcement","content":"2056 Enforcement orders—orders about enforcement\n(1) The court may make the orders in aid of, or otherwise in relation to,\nthe enforcement of its orders that it considers appropriate.\n(2) Without limiting subrule (1), the court may make the following\norders:\n(a) an order authorising an enforcement officer to enter premises to\ntake possession of property under a seizure and sale order;\n(b) an order prohibiting an enforcement officer from taking any\nfurther action on an enforcement order;\n(c) an order prohibiting anyone else from taking any further action,\neither permanently or until a stated day, to enforce an order of\n(3) The court’s powers under this rule are additional to its powers under\nany other territory law.\nNote 2 For other provisions about entry to premises, see r 2203 (Seizure and sale\norder—entry, search and seizure powers if no consent) and r 2219\n(Seizure and sale order—power of entry for auction of land).\n","sortOrder":561},{"sectionNumber":"2057","sectionType":"section","heading":"Enforcement orders—consecutive and concurrent orders","content":"2057 Enforcement orders—consecutive and concurrent orders\nTo remove any doubt, this part does not prevent the court—\n(a) from making consecutive seizure and sale orders against the\nsame enforcement debtor, or making consecutive debt\nredirection orders, regular redirection orders, earnings\nredirection orders or charging orders in relation to the same\nenforcement debtor, in relation to the same order debt; or\n\nRule 2058\n(b) from making concurrent debt redirection orders, regular\nredirection orders or earnings redirection orders against\ndifferent entities, or consecutive debt redirection orders, regular\nredirection orders or earnings redirection orders against the\nsame entity, in relation to the same order debt.\n","sortOrder":562},{"sectionNumber":"2058","sectionType":"section","heading":"Enforcement orders—deceased enforcement debtor","content":"2058 Enforcement orders—deceased enforcement debtor\nIf a money order is to be enforced against the estate of a deceased\nenforcement debtor, only the assets of the estate are subject to the\nenforcement.\nDivision 2.18.3 Enforcement of money orders—\nenforcement hearings\n","sortOrder":563},{"sectionNumber":"2100","sectionType":"section","heading":"Enforcement hearing—application by enforcement","content":"2100 Enforcement hearing—application by enforcement\ncreditor\n(1) An enforcement creditor for an enforceable money order of the court\nmay apply to the court for an enforcement hearing.\n(2) However, unless the court otherwise orders, the enforcement creditor\nmay not apply to the court for an enforcement hearing if any of the\nfollowing orders is in force in relation to the enforceable money\norder:\n(b) a debt redirection order;\n(c) a regular redirection order;\n(d) an earnings redirection order.\n\nRule 2100\n(3) An application under this rule for an enforcement hearing is made by\nfiling in the court—\n(a) a draft order requiring the enforcement debtor to attend an\nenforcement hearing; and\nNote See approved form 2.50 (Order to attend enforcement hearing)\nAF2006-295.\n(4) The affidavit in support must state—\n(b) the amount of the order debt; and\n(c) the date and amount of each payment (if any) made under the\nmoney order; and\n(d) the costs incurred in previous enforcement proceedings in\nrelation to the money order; and\n(e) the interest owing on the day the affidavit is made (the affidavit\n(f) any other details necessary to work out the amount payable\n(g) the daily amount of any interest that, subject to any future\npayment under the money order, will accrue after the affidavit\n(h) the last-known address of the enforcement debtor; and\n(i) if the enforcement creditor has conducted a company name\nsearch or business name search in relation to the enforcement\ndebtor—the results of the search.\n\nRule 2101\n(6) The affidavit and draft order need not be served on the enforcement\ndebtor unless the court otherwise orders on its own initiative.\n(7) Unless the court otherwise orders on its own initiative, the application\nmust be dealt with without a hearing and in the absence of the parties.\n","sortOrder":564},{"sectionNumber":"2101","sectionType":"section","heading":"Enforcement hearing—otherwise than on enforcement","content":"2101 Enforcement hearing—otherwise than on enforcement\ncreditor’s application\n(1) This rule applies if the enforcement creditor or enforcement debtor\nfor an enforceable money order of the court applies to the court for\nany order under this part in relation to the money order.\n(2) On application by the enforcement debtor by notice given to the court\nor on its own initiative, the court may order that an enforcement\nhearing be held to decide whether to make the order applied for.\nNote See approved form 2.50 (Order to attend enforcement hearing)\nAF2006-295.\n(3) Part 6.2 (Applications in proceedings) does not apply to an\napplication by an enforcement debtor.\n","sortOrder":565},{"sectionNumber":"2102","sectionType":"section","heading":"Enforcement hearing—limit on number of applications","content":"2102 Enforcement hearing—limit on number of applications\n(1) An enforcement creditor may apply to the court for, and the court may\norder, 2 or more enforcement hearings for an enforcement debtor,\nwhether in relation to the same order debt or different order debts.\n(2) However, the enforcement creditor must not make more than\n1 application for an enforcement hearing for the enforcement debtor\nin relation to the same order debt within a 6-month period unless the\ncourt gives leave.\n(3) An application for leave must be accompanied by an affidavit in\nsupport of the application.\n\nRule 2103\n","sortOrder":566},{"sectionNumber":"2103","sectionType":"section","heading":"Enforcement hearing—order for hearing etc","content":"2103 Enforcement hearing—order for hearing etc\n(1) If the court orders that an enforcement hearing be held, the court\n(a) set a date for the enforcement hearing; and\n(b) by subpoena (an enforcement hearing subpoena), require the\naddressee for the subpoena—\n(i) to complete, swear and file a statement of the enforcement\ndebtor’s financial position in accordance with rule 2106;\nand\n(ii) to attend before the court, at the time and place stated in\nthe order—\n(A) to answer questions and give information; and\n(B) to produce the documents or other things (if any)\nstated in the order.\nNote 1 See approved form 2.51 (Enforcement hearing subpoena) AF2006-296.\nNote 2 An enforcement hearing subpoena may direct the addressee for the\nsubpoena and the enforcement creditor to meet to attempt to settle\npayment of the order debt (see r 2108 (Enforcement hearing—meeting of\nparties)).\n(2) The date set for the enforcement hearing must be at least 21 days after\nthe day the enforcement hearing subpoena is issued.\n(3) To remove any doubt—\n(a) the court may, by enforcement hearing subpoena, require 2 or\nmore people to attend before the court, at the same time and\nplace, in relation to an order debt; and\n(b) part 6.9 (Subpoenas) applies to an enforcement hearing\nsubpoena with any necessary changes and any changes provided\nby these rules.\n\nRule 2104\n","sortOrder":567},{"sectionNumber":"2104","sectionType":"section","heading":"Enforcement hearing—who may be directed to attend by","content":"2104 Enforcement hearing—who may be directed to attend by\nenforcement hearing subpoena\nAn enforcement hearing subpoena in relation to an enforcement\ndebtor may be directed to—\n(b) if the enforcement debtor is a partnership (including an\nincorporated limited partnership)—a partner or a person who\nhas or had the control or management of the partnership business\nin the ACT; or\nNote A partner includes a former partner (see r 2000).\n(c) if the enforcement debtor is an incorporated association—a\nmember or former member of the committee, or a public officer\nor former public officer, of the association; or\n(d) if the enforcement debtor is a cooperative—a member or former\nmember of the board of directors, or a secretary or former\nsecretary, of the cooperative; or\n(e) if the enforcement debtor is an owners corporation under the\nUnit Titles Act 2001—an executive member, or former\nexecutive member, of the executive committee of the owners\ncorporation; or\n(f) if the enforcement debtor is a body corporate under the\nCommunity Title Act 2001—a member or former member of the\ncommittee of management, or a manager or former manager, of\nthe body corporate; or\n(g) if the enforcement debtor is a corporation (including a\ncorporation mentioned in paragraphs (b) to (f))—any senior\nofficer of the corporation.\n\nRule 2105\n","sortOrder":568},{"sectionNumber":"2105","sectionType":"section","heading":"Enforcement hearing—service of enforcement hearing","content":"2105 Enforcement hearing—service of enforcement hearing\nsubpoena\n(1) An enforcement hearing subpoena must be served on the addressee\nfor the subpoena at least 14 days before the date set for the\nenforcement hearing.\n(2) A copy of the form of the statement to be completed in accordance\nwith rule 2106 must be served with the enforcement hearing\nsubpoena.\nNote The addressee is not required to comply with the subpoena unless conduct\nmoney is given to the addressee a reasonable time before attendance is\nrequired (see r 6606 (1)).\n","sortOrder":569},{"sectionNumber":"2106","sectionType":"section","heading":"Enforcement hearing—statement of enforcement debtor’s","content":"2106 Enforcement hearing—statement of enforcement debtor’s\nfinancial position\n(1) At least 8 days before the date set for the enforcement hearing, the\naddressee for the enforcement hearing subpoena must file in the court\na sworn statement of the enforcement debtor’s financial position.\nNote See approved form 2.52 (Statement of enforcement debtor's financial\nposition) AF2006-297.\n(2) If the enforcement debtor receives regular payments (for example,\nwages or social security benefits), the statement of financial position\nmust include—\n(a) the dates the last 4 payments were received; and\n(b) if the payments were paid to the enforcement debtor by payment\ninto an account with a financial institution—a statement to that\neffect, and the account number and any other details necessary\nto identify the account.\n(3) The registrar must give a copy of the statement to the enforcement\ncreditor at least 5 days before the date set for the enforcement hearing.\n\nRule 2107\n(4) If the enforcement creditor is satisfied with the information in the\nstatement, the enforcement creditor may give notice to the addressee\nfor the subpoena and the registrar that the addressee is no longer\nrequired to attend the enforcement hearing.\n(5) If the enforcement hearing subpoena is issued by the court and the\naddressee for the subpoena, without reasonable excuse, contravenes\nthe subpoena by failing to complete, swear or file a statement of the\nenforcement debtor’s financial position in accordance with this rule,\nthe addressee may be dealt with for contempt of court.\n(6) Subrule (5) does not limit any other power of the court in relation to\nNote Failure to answer a question or give information in a legal proceeding\nmay be an offence (see Criminal Code, s 722).\n","sortOrder":570},{"sectionNumber":"2107","sectionType":"section","heading":"Enforcement hearing—subpoena to other person","content":"2107 Enforcement hearing—subpoena to other person\nFor an enforcement hearing in relation to an enforcement debtor, the\ncourt may issue a subpoena under part 6.9 to a person who has\nrelevant knowledge about the circumstances of the enforcement\n","sortOrder":571},{"sectionNumber":"2108","sectionType":"section","heading":"Enforcement hearing—meeting of parties","content":"2108 Enforcement hearing—meeting of parties\n(1) The court may direct the enforcement debtor and enforcement\ncreditor to meet together to attempt to settle payment of the order\nNote An order (including a direction) may be made on the consent of the\nparties affected by the order (see r 1611 (Orders—by consent)).\n(2) However, if the enforcement debtor or enforcement creditor asks, the\ncourt may direct the enforcement debtor and enforcement creditor to\nmeet with a facilitator appointed by the court to attempt to settle\npayment of the order debt.\n\nRule 2109\n(3) A direction under this rule—\n(a) may be given in an enforcement hearing subpoena directed to\nthe enforcement debtor and require the enforcement debtor and\nenforcement creditor to meet at a stated time and place before\nthe enforcement hearing; or\n(b) may be given during the enforcement hearing, on application by\nthe enforcement debtor or enforcement creditor or on the court’s\ndirection made during the enforcement hearing.\notherwise orders on application by the enforcement debtor or\nenforcement creditor or on its own initiative.\n(5) If a direction is given during the enforcement hearing, the court may\nadjourn the hearing to allow the parties to meet.\n(6) The Legislation Act, part 19.3 (Appointments) does not apply to the\nappointment of a facilitator under this rule.\n(7) If the court gives a direction to a person under this rule and the person,\nwithout reasonable excuse, contravenes the direction by failing to\nmeet in accordance with the direction, the person may be dealt with\nfor contempt of court.\n(8) Subrule (7) does not limit any other power of the court in relation to\n","sortOrder":572},{"sectionNumber":"2109","sectionType":"section","heading":"Enforcement hearing—examination","content":"2109 Enforcement hearing—examination\n(1) This rule applies if a person—\n(a) attends before the court at an enforcement hearing on an\nenforcement hearing subpoena or a subpoena issued under\nrule 2107 (Enforcement hearing—subpoena to other person); or\n\nRule 2109\n(b) is brought before the court on an enforcement hearing warrant;\nor\n(c) otherwise attends by arrangement before the court.\n(2) The person may—\n(a) be examined orally on oath about—\n(i) the assets, liabilities, expenses and income of the\nenforcement debtor; and\n(ii) any other means the debtor has of satisfying the debt; and\n(iii) the debtor’s financial circumstances generally; and\n(b) be required, by order, to produce any document substantiating\nanything relevant to—\n(i) the assets, liabilities, expenses and income of the\nenforcement debtor; and\n(ii) any other means the debtor has of satisfying the debt; and\n(iii) the debtor’s financial circumstances generally.\n(3) Unless the court otherwise orders, the examination may be conducted\nby the court and the enforcement creditor.\notherwise ordering, a direction or a decision under this rule.\n(4) The examination may be conducted in open court or in the absence of\nthe public, as the court directs.\n(5) The court may adjourn an enforcement hearing from time to time and\nmay, by order, require a person required to attend or attending the\nenforcement hearing (or an adjourned enforcement hearing) to attend\nan adjourned enforcement hearing (or a further adjourned\nenforcement hearing).\n\nRule 2110\n(6) If the enforcement creditor has been told the date, time and place for\nthe enforcement hearing (or adjourned enforcement hearing), but\ndoes not attend before the court, the court may—\n(a) set aside the order for the enforcement hearing; or\n(b) conduct the examination in the absence of the enforcement\ncreditor.\n(7) To remove any doubt, if subrule (6) applies, the court may make an\norder that it could make if that subrule did not apply.\n(8) Without limiting rule 6016 (Application in proceeding—oral\notherwise orders on application by the enforcement creditor or\nenforcement debtor or on its own initiative.\n","sortOrder":573},{"sectionNumber":"2110","sectionType":"section","heading":"Enforcement hearing—enforcement hearing warrant","content":"2110 Enforcement hearing—enforcement hearing warrant\nissue\n(a) a person is required—\n(i) to attend an enforcement hearing by an enforcement\nhearing subpoena or a subpoena issued under rule 2107\n(Enforcement hearing—subpoena to other person); or\n(ii) to attend an adjourned enforcement hearing (or further\nadjourned enforcement hearing) by an order under\nrule 2109 (5) (Enforcement hearing—examination); and\n(b) the person fails to attend the hearing as required by the order.\n\nRule 2111\n(2) The court may issue a warrant (an enforcement hearing warrant)\nordering an enforcement officer to apprehend the person and bring\nthe person before the court to be examined at an enforcement hearing\nunder rule 2109 if the court—\n(a) is satisfied that the person was served with the subpoena or was\notherwise aware that the person was required by the\nenforcement hearing subpoena to attend the hearing as required\nby the subpoena; and\n(b) considers that the person does not have a reasonable excuse for\nnot attending the hearing.\nNote See approved form 2.53 (Enforcement hearing warrant) AF2006-298.\n(3) The court may issue the enforcement hearing warrant on application\nby the enforcement creditor or on its own initiative.\nenforcement hearing warrant.\n(4) However, the enforcement hearing warrant may only be issued by the\njudicial officer conducting the enforcement hearing.\n(5) Also, the enforcement hearing warrant must not be issued earlier than\n14 days or later than 3 months after the day the court has served notice\non the person that failure to attend may result in the person’s arrest.\n(6) For the Magistrates Court Act 1930, section 73A, that Act,\nperson for whom an enforcement hearing warrant has been issued by\nthe Magistrates Court.\n","sortOrder":574},{"sectionNumber":"2111","sectionType":"section","heading":"Enforcement hearing—enforcement hearing warrant","content":"2111 Enforcement hearing—enforcement hearing warrant\ncontents etc\n(1) An enforcement hearing warrant must—\n(a) name, or otherwise describe, the person whose apprehension is\nrequired by the warrant; and\n\nRule 2111\n(b) state briefly the reason for its issue; and\n(c) require an enforcement officer to arrest the person whose\napprehension is required and bring the person before the court\nto be examined at an enforcement hearing under rule 2109; and\n(d) be expressed to end not later than 3 months after the day it is\n(2) For subrule (1) (c), the enforcement officer may enter and search any\npremises where the enforcement officer suspects, on reasonable\ngrounds, the person to be using the force and assistance that is\nreasonable and necessary.\n(3) The enforcement officer may ask a police officer to help in the\nexercise of the enforcement officer’s powers under the enforcement\nhearing warrant.\n(4) The police officer must give the enforcement officer the reasonable\nhelp the enforcement officer requires, if it is practicable to give the\nhelp.\n(5) The enforcement officer or a police officer may deliver the\napprehended person to the person in charge of any correctional centre\nand that person must receive and keep the apprehended person in\ncustody until the court or the enforcement officer otherwise directs.\n(6) An enforcement hearing warrant continues in force until—\n(a) the warrant is executed; or\n(b) the warrant is set aside by the court and the enforcement officer\nis told that the warrant has been set aside; or\n(c) the end of 3 months after the day it is issued.\n(7) For subrule (6) (a), a warrant is executed when—\n(a) the person whose apprehension is required has been examined\nat an enforcement hearing under rule 2109; or\n\nRule 2112\n(b) the examination is adjourned to another day; or\n(c) the order for the enforcement hearing is set aside.\n","sortOrder":575},{"sectionNumber":"2112","sectionType":"section","heading":"Enforcement hearing—orders","content":"2112 Enforcement hearing—orders\n(1) At the enforcement hearing, the court may—\n(a) issue an enforcement hearing warrant; or\nNote Rule 2110 (2) deals with the issue of a warrant.\n(b) make an instalment order for the order debt; or\nNote Div 2.18.4 (Enforcement of money orders—instalment orders)\nprovides for the making of instalment orders.\n(c) make an order amending, suspending or setting aside an\ninstalment order made for the order debt; or\nNote See r 2160 (Instalment order—amending, suspending or setting\naside).\n(d) make an earnings redirection order; or\nNote Div 2.18.8 (Enforcement of money orders—earnings redirection\norders) applies to the making of earnings redirection orders.\n(e) make an order amending, suspending or setting aside an\nearnings redirection order; or\nNote See r 2360 (Earnings redirection order—amending, suspending or\nsetting aside).\n(f) make an order staying the enforcement of the money order; or\nNote Rule 2013 (Enforcement—stay) provides for the stay of money\norders on application.\n(g) make another order about the enforcement of the order; or\n\nRule 2112\n(h) award costs on application by the enforcement creditor, the\nenforcement debtor or someone else required to attend the\nenforcement hearing by a subpoena or warrant.\nan order under par (g) and an application under par (h).\n(2) Without limiting rule 6016 (Application in proceeding—oral\notherwise orders on application by the enforcement creditor or\nenforcement debtor or on its own initiative.\n(3) However, the court must not—\n(a) make an instalment order at the enforcement hearing unless the\n(i) had applied for the order under rule 2151; or\n(ii) consents to the making of the order; or\n(b) amend an instalment order at the enforcement hearing unless the\n(i) had applied for the amendment under rule 2160; or\n(ii) consents to the amendment.\n(4) To remove any doubt, the court may set aside an instalment order at\nthe enforcement hearing whether or not the enforcement debtor\nconsents to the order being set aside.\n(5) Also, unless the court otherwise orders, the costs of the enforcement\nhearing are costs of enforcement of the order.\n\nRule 2150\nDivision 2.18.4 Enforcement of money orders—\ninstalment orders\n","sortOrder":576},{"sectionNumber":"2150","sectionType":"section","heading":"Instalment order—making","content":"2150 Instalment order—making\n(1) The court may make an order (an instalment order) authorising\nsatisfaction of the amount payable under an enforceable money order\nof the court by instalment payments by the order debtor.\n(2) The court may make an instalment order—\n(a) on application by the enforcement debtor when making the\nmoney order; or\n(b) on application by the enforcement debtor or someone else under\nrule 2013 (Enforcement—stay) or rule 2051 (Enforcement\norders—application to set aside); or\n(c) on application by the enforcement debtor under rule 2151 or the\nenforcement creditor under rule 2153; or\n(d) on the filing in the court of an instalment order agreement under\nrule 2157; or\n(e) after hearing an application under rule 2314 (Debt redirection\norder—amending, suspending or setting aside); or\n(f) after hearing an application under rule 2360 (Earnings\nredirection order—amending, suspending or setting aside).\nNote For the making of an instalment order, see esp—\n• r 2156 (Instalment order—content and issue).\n","sortOrder":577},{"sectionNumber":"2151","sectionType":"section","heading":"Instalment order—application by enforcement debtor","content":"2151 Instalment order—application by enforcement debtor\n(1) An application by an enforcement debtor for an instalment order is\nmade by filing in the court—\n(a) a sworn statement of the enforcement debtor’s financial\nposition; and\n\nRule 2151\n(b) a draft of the order sought.\nNote 1 See approved form 2.54 (Instalment order) AF2006-299.\nNote 2 Some applications by the enforcement debtor need leave (see r 2152).\nNote 3 For the effect of the making of the application on a seizure and sale order,\nsee r 2208 (Seizure and sale order—application for instalment order stays\nsale of seized property).\n(2) Part 6.2 (Applications in proceedings) does not apply to the\n(3) The sworn statement and draft order mentioned in subrule (1) need\nnot be served on anyone unless the court otherwise orders on its own\n(4) Unless the court otherwise orders on its own initiative, an application\nfor an instalment order by an enforcement debtor must be dealt with\nwithout a hearing and in the absence of the parties.\n(5) To remove any doubt, this rule does not apply to an application by an\nenforcement debtor for an instalment order made—\n(a) when making the money order; or\n(b) under any of the following rules:\n(i) rule 2013 (Enforcement—stay);\n(ii) rule 2051 (Enforcement orders—application to set aside);\n(iii) rule 2314 (Debt redirection order—amending, suspending\nor setting aside);\n(iv) rule 2360 (Earnings redirection order—amending,\nsuspending or setting aside).\n\nRule 2152\n","sortOrder":578},{"sectionNumber":"2152","sectionType":"section","heading":"Instalment order—when application by enforcement","content":"2152 Instalment order—when application by enforcement\ndebtor requires leave\n(1) The enforcement debtor may not make an application for an\ninstalment order without the court’s leave if—\n(a) the enforcement debtor has made an application for an\ninstalment order in relation to the same money order in the\nprevious 6 months; or\n(b) a previous instalment order made in relation to the same money\norder ceased to have effect under rule 2162 (Instalment order—\nceasing to have effect for nonpayment).\n(2) An application for leave must be accompanied by an affidavit in\nsupport of the application.\n(3) In deciding whether to give leave under this rule, the court must have\nregard to the following matters:\n(a) any change in the enforcement debtor’s property or financial\ncircumstances since the enforcement debtor last applied to the\ncourt for an instalment order for the order debt;\n(b) the payments made by the enforcement debtor in discharge of\nthe order debt;\n(c) the enforcement action (if any) taken in relation to the order\ndebt;\n(d) the interests and attitudes of the parties;\n(e) whether giving leave would be consistent with the public\ninterest in enforcing orders justly, efficiently and quickly.\n\nRule 2153\n","sortOrder":579},{"sectionNumber":"2153","sectionType":"section","heading":"Instalment order—application by enforcement creditor","content":"2153 Instalment order—application by enforcement creditor\n(1) An application by an enforcement creditor for an instalment order\nmust be accompanied by—\nNote 1 See approved form 2.54 (Instalment order) AF2006-299.\n\nRule 2154\n(3) The affidavit made must be sworn not earlier than 2 days before the\nday the application is made.\n(4) To remove any doubt, this rule does not apply to an application by\nthe enforcement creditor for an instalment order under any of the\nfollowing rules:\n(a) rule 2013 (Enforcement—stay);\n(b) rule 2051 (Enforcement orders—application to set aside);\n(c) rule 2314 (Debt redirection order—amending, suspending or\nsetting aside);\n(d) rule 2360 (Earnings redirection order—amending, suspending\nor setting aside).\n","sortOrder":580},{"sectionNumber":"2154","sectionType":"section","heading":"Instalment order—relevant considerations","content":"2154 Instalment order—relevant considerations\n(1) In deciding whether to make an instalment order on application by\nthe enforcement creditor or enforcement debtor, the court must have\nregard to the following matters, as far as they are known to the court:\n(a) whether the enforcement debtor is employed;\n(b) the enforcement debtor’s means of satisfying the order debt;\n(c) whether the order debt, including any interest, will be satisfied\n(d) the necessary living expenses of the enforcement debtor and the\n(e) other liabilities of the enforcement debtor;\n(f) if the applicant is the enforcement debtor—whether, having\nenforcing orders justly, efficiently and quickly.\n\nRule 2155\n(3) In deciding the amount and timing of the instalments, the court must\nbe satisfied that the instalment order will not impose unreasonable\nhardship on the enforcement debtor or any dependant of the\nmakes the instalment order.\n","sortOrder":581},{"sectionNumber":"2155","sectionType":"section","heading":"Instalment order—stay of enforcement","content":"2155 Instalment order—stay of enforcement\n(1) The filing of the first application for an instalment order in relation to\nan order debt operates to stay the enforcement of the order debt until\nthe application is heard and decided.\n(2) However, the filing of a second or later application in relation to the\norder debt does not operate to stay the enforcement of the order debt\n","sortOrder":582},{"sectionNumber":"2156","sectionType":"section","heading":"Instalment order—content and issue","content":"2156 Instalment order—content and issue\n(1) An instalment order for a money order must state—\n(a) the amount recoverable under the money order; and\n(b) the amount of the instalments and when they are payable under\nthe instalment order.\n(2) The amount recoverable must include—\n(a) unless the court otherwise orders—\n(i) the unpaid costs of any previous enforcement proceeding\nfor the same money order (including any amounts\nrecoverable under the Service and Execution of Process\nAct 1992 (Cwlth)); and\n(ii) the unpaid interest on those costs; and\n(b) the costs relating to the instalment order; and\n\nRule 2157\n(c) the amount of interest on the order debt.\notherwise ordering under this rule.\n(3) The instalment order must require payment of the instalments to be\nmade to, or as directed from time to time by, the enforcement creditor\n(4) If the court makes an instalment order, or an order otherwise ordering\nunder subrule (3), the registrar must give a sealed copy of the order\nto the enforcement creditor.\n(5) A direction under subrule (3) must be made by notice given to the\n","sortOrder":583},{"sectionNumber":"2157","sectionType":"section","heading":"Instalment order—instalment order agreement","content":"2157 Instalment order—instalment order agreement\n(1) The enforcement creditor and enforcement debtor for an enforceable\nmoney order of the court may enter into an agreement (an instalment\norder agreement)—\n(a) stating—\n(i) the amount agreed by them to be owing by the enforcement\ndebtor to the enforcement creditor under the money order;\nand\n(ii) by what instalments payable at what times the amount\nowing is to be paid; or\n(b) revoking or amending an instalment order in force in relation to\nthe money order.\nNote See approved form 2.55 (Instalment order agreement) AF2006-300.\n(2) An agreement has no effect unless it is signed by the enforcement\ncreditor and enforcement debtor and each signature is witnessed.\n\nRule 2158\n(3) If an agreement in accordance with this rule is filed in the court, the\ncourt must make an instalment order—\n(a) for an agreement under subrule (1) (a)—for the payment of the\norder debt by the instalments payable at the times stated in the\nagreement; or\n(b) for an agreement under subrule (1) (b)—revoking or amending\nthe instalment order as stated in the agreement.\nNote See approved form 2.56 (Instalment order by agreement) AF2006-301.\n","sortOrder":584},{"sectionNumber":"2158","sectionType":"section","heading":"Instalment order—service","content":"2158 Instalment order—service\n(1) If the court makes an instalment order on the application of the\nenforcement creditor, the enforcement creditor must serve a sealed\ncopy of the order on the enforcement debtor.\n(2) If the court makes an instalment order on the application of the\nenforcement debtor and in the absence of the enforcement creditor,\nthe registrar must serve a sealed copy of the order on the enforcement\ncreditor and the enforcement debtor.\n(3) If the court makes an instalment order on the filing in the court of an\ninstalment order agreement, the registrar must serve a sealed copy of\nthe order on the enforcement creditor and the enforcement debtor.\n","sortOrder":585},{"sectionNumber":"2159","sectionType":"section","heading":"Instalment order—no other enforcement while in force","content":"2159 Instalment order—no other enforcement while in force\nUnless the court otherwise orders—\n(a) on the making of an instalment order for a money order, any\nother enforcement order in force in relation to the money order\nis automatically stayed; and\n(b) while the instalment order is in force, no other enforcement\norder may be made in relation to the money order.\n\nRule 2160\n","sortOrder":586},{"sectionNumber":"2160","sectionType":"section","heading":"Instalment order—amending, suspending or setting aside","content":"2160 Instalment order—amending, suspending or setting aside\n(1) On application by the enforcement creditor or enforcement debtor (a\nparty), the court may make an order amending, suspending or setting\naside an instalment order.\n(2) A party must not make more than 1 application for an order amending\nan instalment order within a 6-month period unless the court gives\n(3) The enforcement creditor may make an application for an order\namending an instalment order only if—\n(a) there has been a substantial increase in the property, or a\nsubstantial improvement in the financial circumstances, of the\n(i) since the order was made; or\n(ii) if the order has been amended—since the order was last\namended; or\n(b) when the order was made, amended or last amended, material\nfacts had been withheld from the court or material evidence\nbefore the court was false.\n(4) If—\n(a) the court makes an order under subrule (1) on the application of\nthe enforcement creditor; and\n(b) the enforcement debtor was not before the court when the order\nwas made;\nthe enforcement creditor must serve a sealed copy of the order on the\n\nRule 2161\n(5) If—\n(a) the court makes an order under subrule (1) on the application of\nthe enforcement debtor; and\n(b) the enforcement creditor was not before the court when the order\nwas made;\nthe registrar must serve a sealed copy of the order on the enforcement\n(6) Unless the court otherwise orders, an order amending or suspending\nan instalment order does not come into force until the end of 7 days\n(a) the day the order is made; or\n(b) if a sealed copy of the order is required to be served under\nsubrule (4) or (5)—the day the order is served.\n","sortOrder":587},{"sectionNumber":"2161","sectionType":"section","heading":"Instalment order—ceasing to have effect other than for","content":"2161 Instalment order—ceasing to have effect other than for\nnonpayment\n(1) An instalment order ceases to have effect if—\n(b) the instalment order is set aside or ends in accordance with its\nterms; or\n(c) unless the court otherwise orders, another enforcement order is\nmade in relation to the order debt.\n\nRule 2162\n(2) If an instalment order ceases to have effect under subrule (1),\notherwise than because of an order made in the presence of the\nenforcement debtor, the enforcement creditor must give notice to the\nenforcement debtor that the instalment order has ceased to have\nNote See approved form 2.57 (Instalment order-notice of cessation other than\nfor nonpayment) AF2006-302.\n","sortOrder":588},{"sectionNumber":"2162","sectionType":"section","heading":"Instalment order—ceasing to have effect for nonpayment","content":"2162 Instalment order—ceasing to have effect for nonpayment\n(1) An instalment order ceases to have effect if—\n(a) the enforcement debtor fails to make 2 consecutive payments\nunder the order at the times required by the order; and\n(b) the enforcement creditor files in the court an affidavit stating\nthat fact.\n(2) If an instalment order ceases to have effect under subrule (1), the\nenforcement creditor must serve on the enforcement debtor—\n(a) a stamped copy of the affidavit; and\n(b) a notice telling the enforcement debtor that the instalment order\nhas ceased to have effect.\nNote See approved form 2.58 (Instalment order-notice of cessation for\nnonpayment) AF2006-303.\n","sortOrder":589},{"sectionNumber":"2163","sectionType":"section","heading":"Instalment order—record of payments","content":"2163 Instalment order—record of payments\n(1) If an instalment order is made for an order debt, the enforcement\ncreditor must make a record of the amount and date of each instalment\npaid by the enforcement debtor under the instalment order to, or as\ndirected by, the enforcement creditor.\n\nRule 2163\nafter the day the last instalment is paid by the enforcement debtor\nunder the instalment order.\n\nRule 2200\nDivision 2.18.5 Enforcement of money orders—\nseizure and sale orders\n","sortOrder":590},{"sectionNumber":"2200","sectionType":"section","heading":"Seizure and sale order—making","content":"2200 Seizure and sale order—making\norder of the Supreme Court, the Supreme Court may make an order\n(a seizure and sale order) authorising an enforcement officer to seize\nand sell in satisfaction of the order debt all real and personal property\n(other than exempt property) in which the enforcement debtor has a\nlegal or beneficial interest.\n(2) On application by the enforcement creditor for an enforceable money\norder of the Magistrates Court, the Magistrates Court may make an\norder (also a seizure and sale order) authorising an enforcement\nofficer to seize and sell in satisfaction of the order debt all personal\nproperty (other than exempt property) in which the enforcement\ndebtor has a legal or beneficial interest.\nNote See r 2050 (Enforcement orders—content and issue) for provisions about\nthe content and issue of the order.\n","sortOrder":591},{"sectionNumber":"2201","sectionType":"section","heading":"Seizure and sale order—application","content":"2201 Seizure and sale order—application\n(1) An application for a seizure and sale order is made by filing in the\nNote See approved form 2.59 (Seizure and sale order) AF2006-304.\n\nRule 2201\n(j) any addresses where property belonging to the enforcement\ndebtor may be located; and\n(k) any other information necessary for the order being sought.\nfor a seizure and sale order must be dealt with without a hearing and\n\nRule 2202\n","sortOrder":592},{"sectionNumber":"2202","sectionType":"section","heading":"Seizure and sale order—additional exempt property","content":"2202 Seizure and sale order—additional exempt property\n(1) On application by the enforcement debtor for an enforceable money\norder of the court, the court may order that stated property of the\nenforcement debtor is exempt from seizure under a seizure and sale\n(2) The court must not make an order under subrule (1) unless satisfied\nthat the enforcement debtor or any of the enforcement debtor’s\ndependants would be likely to suffer exceptional hardship if the order\nwere not made.\n(3) On application by the enforcement creditor or enforcement debtor for\nan enforceable money order of the court, the court may amend or set\naside an order under subrule (1).\n","sortOrder":593},{"sectionNumber":"2203","sectionType":"section","heading":"Seizure and sale order—entry, search and seizure powers","content":"2203 Seizure and sale order—entry, search and seizure powers\nif no consent\n(1) This rule applies if, in executing a seizure and sale order—\n(a) an enforcement officer is refused entry to the enforcement\ndebtor’s premises, after having told or made reasonable attempts\nto tell the occupier (orally or in writing)—\n(i) about the procedure for execution of the order; and\n(ii) that the enforcement officer intends to apply for an order\nfor entry under this rule if entry is refused; or\n(b) an enforcement officer—\n(i) has made reasonable attempts to contact the enforcement\ndebtor and any other occupier of the enforcement debtor’s\npremises to obtain consent to enter the premises; and\n(ii) has been unable to make contact with the enforcement\ndebtor or any other occupier of the premises.\n\nRule 2203\n(2) At the request of the enforcement officer, the court may make an\norder authorising the enforcement officer, for any purpose connected\nwith executing the seizure and sale order, to enter the enforcement\ndebtor’s premises—\n(a) using the force and assistance that is reasonable and necessary;\nand\n(b) with the assistance of a police officer or police officers if the\nenforcement officer considers the assistance to be necessary.\n(3) Without limiting subrule (2), an order under that subrule is sufficient\nauthority for the enforcement officer—\n(a) to search the enforcement debtor’s premises for anything that\nthe enforcement officer is entitled to seize in execution of the\nseizure and sale order; and\n(b) to seize and remove anything the enforcement officer is entitled\nto seize in execution of the seizure and sale order.\n(4) The court must not make an order under subrule (2) in relation to\npremises unless satisfied that—\n(a) the enforcement debtor lives at the premises; or\n(b) something the enforcement officer is entitled to seize is at the\npremises; or\n(c) the enforcement officer is entitled to sell the premises.\n(5) An enforcement officer is not civilly liable for anything done or\nomitted to be done honestly and without recklessness in executing an\norder under subrule (2).\n(6) This rule does not limit any other power of an enforcement officer or\nthe court in relation to the execution of an enforcement order.\nenforcement debtor’s premises means premises occupied by the\n\nRule 2204\n","sortOrder":594},{"sectionNumber":"2204","sectionType":"section","heading":"Seizure and sale order—assistance to enforcement","content":"2204 Seizure and sale order—assistance to enforcement\ndebtor\n(1) If it appears to the enforcement officer executing a seizure and sale\norder that the enforcement debtor does not properly understand the\nnature of the order (for example, for language or cultural reasons or\nbecause of a disability), the enforcement officer must—\n(a) give the enforcement debtor written information about where the\nenforcement debtor may be able to obtain legal or financial\nadvice and assistance in relation to the order; and\n(b) if the enforcement debtor has difficulty understanding the\nEnglish language—seek the assistance of an interpreter to\nexplain the situation to the enforcement debtor and ensure the\nenforcement debtor understands the information given under\nparagraph (a).\nNote See approved form 2.60 (Notice to enforcement debtor about seizure and\nsale order) AF2006-305.\n(2) Further action may not be taken to execute the seizure and sale order\nbefore the end of 7 days after the day the information is given to the\n(3) The costs of complying with this rule are costs of enforcement of the\n","sortOrder":595},{"sectionNumber":"2205","sectionType":"section","heading":"Seizure and sale order—notice of order","content":"2205 Seizure and sale order—notice of order\n(a) an enforcement officer enters premises for the first time for the\npurpose of executing a seizure and sale order; or\n(b) an enforcement officer seizes personal property under a seizure\nand sale order for the first time at a place.\n\nRule 2205\n(2) If subrule (1) (a) applies, the enforcement officer must give a sealed\ncopy of the seizure and sale order to—\n(b) if the enforcement debtor is not present but a person who appears\nto be at least 16 years old and to live or be employed at the\npremises is present—that person.\n(3) If subrule (1) (b) applies, the enforcement officer must give a sealed\ncopy of the seizure and sale order to—\n(b) if the enforcement debtor is not present but a person who appears\nto be at least 16 years old and to be in possession of the seized\nproperty is present—that person.\n(4) If there is no-one present at the premises or place who can be given a\nsealed copy of the seizure and sale order under subrule (2) or (3), the\nenforcement officer must leave a sealed copy of the order, secured\nconspicuously, at the premises or place.\n(5) However, subrule (4) does not require the enforcement officer to\nleave a sealed copy of the order in a public place.\n(6) If the enforcement debtor is not given a sealed copy of the seizure and\nsale order under subrule (2) or (3), the enforcement officer must serve\na sealed copy of the order on the enforcement debtor—\n(a) if the enforcement debtor has an address for service—at the\nenforcement debtor’s address for service; or\n(b) in any other case—in the same way that an originating process\nfiled in the court to recover the debt may be served on the\nenforcement debtor under these rules.\n(7) However, this rule does not require a sealed copy of the seizure and\nsale order to be given to or served on the enforcement debtor if the\nenforcement debtor has already been given or served with a sealed\ncopy of the order.\n\nRule 2206\npremises includes the land around premises occupied by the\n","sortOrder":596},{"sectionNumber":"2206","sectionType":"section","heading":"Seizure and sale order—notice of property seized","content":"2206 Seizure and sale order—notice of property seized\n(1) If an enforcement officer seizes personal property at a place under a\nseizure and sale order, the enforcement officer must—\n(a) make an inventory of the seized property that is sufficient to\nidentify it; and\n(b) give notice of the seizure and a copy of the inventory to—\n(i) the enforcement debtor; or\n(ii) if the enforcement debtor is not present but a person who\nappears to be at least 16 years old and to live or be\nemployed at the place, or to be in possession of the\nproperty, is present—that person.\nNote See approved form 2.61 (Notice of seizure and inventory of\nproperty under seizure and sale order) AF2006-306.\n(2) The notice must include the following information:\n(a) the amount (including any amount payable for interest and\ncosts) required to satisfy the order debt;\n(b) that application may be made under rule 2202 for an order\nexempting particular property from sale under the seizure and\nsale order;\n(c) a summary of the process that is followed for sale of property\n(3) If there is no-one present at the place who can be given the notice and\na copy of the inventory, the enforcement officer must leave the notice\nand a copy of the inventory, secured conspicuously, at the place.\n\nRule 2207\n(4) However, subrule (3) does not require the enforcement officer to\nleave the notice and a copy of the inventory in a public place.\n","sortOrder":597},{"sectionNumber":"2207","sectionType":"section","heading":"Seizure and sale order—removal etc of seized property","content":"2207 Seizure and sale order—removal etc of seized property\n(1) If an enforcement officer seizes personal property, the enforcement\nofficer must consider how best to secure and preserve the property.\n(2) The enforcement officer may—\n(a) remove the property from the premises or place where the\nproperty was seized; or\n(b) leave the property where it is but restrict access to it or otherwise\nmark the property as having been seized.\n(3) If the enforcement officer leaves the property where it is, the\nenforcement officer must tell the enforcement debtor or anyone else\nwho has custody of the property, in writing, that the property has been\nseized under a seizure and sale order and that the person is responsible\nfor its safekeeping.\n(4) The enforcement creditor is liable to pay any storage expenses but\nmay recover them as costs of enforcement.\n","sortOrder":598},{"sectionNumber":"2208","sectionType":"section","heading":"Seizure and sale order—application for instalment order","content":"2208 Seizure and sale order—application for instalment order\nstays sale of seized property\n(a) property is seized under a seizure and sale order in relation to an\nenforceable money order of the court; and\n(b) the enforcement debtor makes an application to the court for an\ninstalment order in relation to the money order.\nNote Rule 2150 (Instalment order—making) provides for the making of\ninstalment orders.\n(2) The property must not be sold until the court decides the application.\n\nRule 2209\n(3) If the court refuses to make an instalment order on the application,\nthe court may order a stay of sale of the property until any appeal on\nthe application is finally decided.\n","sortOrder":599},{"sectionNumber":"2209","sectionType":"section","heading":"Seizure and sale order—property seized not abandoned","content":"2209 Seizure and sale order—property seized not abandoned\nIf an enforcement officer seizes property at premises under a seizure\n(a) the enforcement officer is not taken to have abandoned the\nproperty if the enforcement officer leaves the property at the\npremises; and\n(b) the enforcement officer may at all reasonable times re-enter the\npremises while the property is there.\n","sortOrder":600},{"sectionNumber":"2210","sectionType":"section","heading":"Seizure and sale order—seizure of real property","content":"2210 Seizure and sale order—seizure of real property\n(1) This rule applies if an enforcement creditor asks an enforcement\nofficer to seize real property under a seizure and sale order.\n(2) The enforcement officer is taken to have seized the real property for\nthese rules if the enforcement officer gives the enforcement debtor—\n(a) a sealed copy of the seizure and sale order; and\n(b) a copy of a notice that the enforcement officer is instructed to\nseize and sell the real property.\n(3) Actual seizure is not necessary to authorise the sale of real property\n","sortOrder":601},{"sectionNumber":"2211","sectionType":"section","heading":"Seizure and sale order—enforcement debtor not to deal","content":"2211 Seizure and sale order—enforcement debtor not to deal\nwith real property\n(1) After being given a copy of a notice about real property under\nrule 2210, the enforcement debtor must not sell, transfer or otherwise\ndeal with the property without the court’s leave.\n\nRule 2212\n(2) The courts may set aside or restrain any sale, transfer or other dealing\nin contravention of this rule, unless to do so would prejudice the rights\nof a genuine purchaser without notice.\n","sortOrder":602},{"sectionNumber":"2212","sectionType":"section","heading":"Seizure and sale order—order of seizing and selling","content":"2212 Seizure and sale order—order of seizing and selling\n(1) An enforcement officer must seize and sell property under a seizure\n(a) in the order appearing to the enforcement officer to be best for\nthe prompt enforcement of the order without unnecessary\nexpense; and\n(b) subject to paragraph (a), in the order appearing to the\nenforcement officer to be best for minimising hardship to the\nenforcement debtor or other people; and\n(c) subject to paragraphs (a) and (b), by seizing and selling personal\nproperty before real property unless—\n(i) the enforcement debtor asks for real property to be sold\nbefore personal property; or\n(ii) the court otherwise orders on application by the\nenforcement debtor, the enforcement creditor or the\nenforcement officer.\nNote Pt 6.2 (Applications in proceedings) applies to an\napplication for an order otherwise ordering.\n(2) An enforcement officer may seize and sell an item of property under\na seizure and sale order even though its value appears to exceed the\namount recoverable under the order, but must not seize or sell\nadditional items of property.\n\nRule 2213\n","sortOrder":603},{"sectionNumber":"2213","sectionType":"section","heading":"Seizure and sale order—payment before sale","content":"2213 Seizure and sale order—payment before sale\nAn enforcement officer may not sell property seized under a seizure\nand sale order if, at or before the sale, the enforcement debtor or\nsomeone else pays to the enforcement officer—\n(a) the amount owing under the order, including interest; and\n(b) the costs of enforcement then known to the enforcement officer;\nand\n(c) the amount set by the enforcement officer as security for the\nenforcement creditor’s other costs of enforcement.\n","sortOrder":604},{"sectionNumber":"2214","sectionType":"section","heading":"Seizure and sale order—suspension etc of enforcement","content":"2214 Seizure and sale order—suspension etc of enforcement\n(1) If property has not been seized under a seizure and sale order, the\nenforcement creditor may, in writing—\n(a) require enforcement of the order to be suspended\nunconditionally; and\n(b) if enforcement of the order has been suspended under these\nrules—require enforcement to be resumed.\n(2) An enforcement officer must comply with a requirement made in\naccordance with this rule.\n","sortOrder":605},{"sectionNumber":"2215","sectionType":"section","heading":"Seizure and sale order—agreements to withdraw and","content":"2215 Seizure and sale order—agreements to withdraw and\nre-enter\n(1) This rule applies if property has been seized under a seizure and sale\norder and the enforcement creditor—\n(a) enters into an arrangement with the enforcement debtor that an\nenforcement officer may withdraw from and re-enter possession\nof the property; and\n(b) tells the enforcement officer about the arrangement; and\n\nRule 2216\n(c) asks the enforcement officer to withdraw from possession of the\n(2) The enforcement officer must withdraw from possession of the\nproperty and suspend enforcement of the seizure and sale order.\n(3) However, the enforcement officer may, if asked in writing by the\nenforcement creditor, re-enter possession of the property and resume\nenforcement of the seizure and sale order.\n(4) If property has been seized under a seizure and sale order and the\nenforcement creditor, without telling the enforcement officer about\nthe arrangement mentioned in subrule (1), asks an enforcement\nofficer to withdraw from possession or suspend enforcement of the\norder, other than for the purpose of postponing a sale for a reasonable\ntime—\n(a) the enforcement creditor is taken to have abandoned the\nenforcement of the order; and\n(b) the enforcement officer must withdraw from possession of the\nproperty and return the order to the enforcement creditor.\n(5) Subrule (4) does not apply if the court otherwise orders on application\nby the enforcement creditor.\n","sortOrder":606},{"sectionNumber":"2216","sectionType":"section","heading":"Seizure and sale order—nature of sale","content":"2216 Seizure and sale order—nature of sale\n(1) Unless the court otherwise orders, an enforcement officer must put up\nfor sale by public auction all property liable to be sold under a seizure\n(a) as early as possible, having regard to the interests of the\nenforcement creditor and the enforcement debtor (the parties);\nand\n\nRule 2216\n(b) at a place and in a way appearing to the enforcement officer to\nbe suitable for a beneficial sale of the property.\n(2) The property must not be sold before the end of 7 days after the day\nthe property is seized unless—\n(a) the enforcement debtor asks for the property to be sold before\nthe end of the 7-day period; or\n(b) the property is perishable.\n(3) However, personal property must be sold within 12 weeks after the\nday it is seized.\n(4) Before the property is sold by public auction, a party or the\nenforcement officer may apply to the court for an order that the\nproperty be sold privately.\n(5) The application must be accompanied by an affidavit in support of\n(6) If the applicant is a party, the applicant must also serve a stamped\ncopy of the application on the enforcement officer.\n(7) If, on application by the enforcement creditor, the court makes an\norder that the property be sold privately before a public auction, the\ncourt may order that the enforcement creditor pay any costs already\nincurred by the enforcement officer for the auction.\n(8) Property sold by public auction must be sold under the following\nconditions of sale:\n(a) for personal property, if the person conducting the auction\nconsiders the particular lot in which the property is to be\nauctioned is worth less than $500, or for other property if the\nenforcement debtor agrees—at the best price obtainable;\n\nRule 2217\n(b) otherwise, if the reserve is reached—to the highest bidder;\n(c) if the person conducting the auction considers there is a dispute\nas to who is the highest bidder, the property is to be reauctioned\nand knocked down to the highest bidder.\n(9) If property put up for sale at public auction is not sold by auction, the\nenforcement officer may sell the property privately—\n(a) for an amount not less than the highest bid made at the auction\nthat the enforcement officer considers is a reasonable amount\nfor the property; or\n(b) if no bid was made at the auction—for an amount the\nenforcement officer considers is a reasonable amount for the\nproperty; or\n(c) in accordance with an order of the court under rule 2220 (Seizure\nand sale order—sale at best price obtainable).\n(10) In this rule:\nreserve, for a property to be sold at auction, means the reserve amount\nset by the enforcement officer that is an amount the enforcement\nofficer considers is not less than a reasonable amount for the property.\n","sortOrder":607},{"sectionNumber":"2217","sectionType":"section","heading":"Seizure and sale order—setting reasonable amount","content":"2217 Seizure and sale order—setting reasonable amount\n(1) To set an amount as a reasonable value of the property to be sold\nunder a seizure and sale order, the enforcement officer—\n(a) may engage a suitably qualified and experienced valuer to give\nthe enforcement officer an opinion about the value of the\nproperty; and\n(b) may require the enforcement creditor to provide any information\nabout the property that the enforcement creditor knows or can\nreasonably obtain; and\n(c) may seek any other information the enforcement officer\n\nRule 2218\n(2) If the enforcement creditor fails to comply with the enforcement\nofficer’s request, the enforcement officer may refuse to proceed with\nthe sale until the information is provided or the court otherwise orders\non the application of the enforcement creditor.\nNote Pt 6.2 (Applications in proceedings) applies to an application by the\n(3) The enforcement officer’s costs under this rule are costs of\nenforcement of the seizure and sale order.\n(4) The enforcement officer may communicate the amount set as a\nreasonable value of property to be sold to any person before the sale\nonly if the communication is necessary to conduct the sale or there is\nanother sufficient excuse.\n","sortOrder":608},{"sectionNumber":"2218","sectionType":"section","heading":"Seizure and sale order—additional provisions relating to","content":"2218 Seizure and sale order—additional provisions relating to\nland\n(1) This rule applies if land is to be sold under a seizure and sale order.\n(2) An enforcement officer may appoint a real estate agent to market the\nland and conduct the sale.\n(3) The agent’s costs in marketing and selling the land are costs of\nenforcing the seizure and sale order.\n(4) The enforcement officer or appointed real estate agent may postpone\nthe sale of the land if the officer or agent considers that an immediate\nsale would result in a sacrifice of the value of the land.\n(5) The enforcement officer must—\n(a) search the title of the land for any encumbrances; and\n(b) make inquiries about the outstanding value of any\nencumbrances.\n(6) The enforcement officer must take the value of any encumbrances\ninto account in setting the reserve price of the property.\n\nRule 2218A\n(7) On application by the enforcement officer, the court may make any\norder it considers appropriate in aid of the sale of the land under the\nseizure and sale order, including, for example, an order for the\ndisclosure of the amount owing under an encumbrance on the land.\n(8) Part 6.2 (Applications in proceedings) does not apply to an\napplication under subrule (7).\n(9) An application under subrule (7) need not be served on anyone unless\n(10) Unless the court otherwise orders on its own initiative, an application\nunder subrule (7) must be dealt with without a hearing and in the\nabsence of the parties.\n(11) If the court makes an order under subrule (7), the registrar must give\na sealed copy of the order to the enforcement creditor and\n","sortOrder":609},{"sectionNumber":"2218A","sectionType":"section","heading":"Seizure and sale order—appointment of real estate agent","content":"2218A Seizure and sale order—appointment of real estate agent\n(1) For rule 2218 (2), an enforcement officer may appoint a real estate\nagent\n(a) after—\n(i) seeking expressions of interest from real estate agents to\nmarket the land and conduct the sale; and\n(ii) considering any expressions of interest received, and the\nqualifications and experience of an agent who expresses an\ninterest; or\n(b) from a panel established under subrule (2).\n(2) The sheriff may establish a panel of real estate agents with\nappropriate qualifications and experience to market and sell land\n\nRule 2219\n(3) For subrule (2), the sheriff must—\n(a) call for expressions of interest from real estate agents who wish\nto be included on the panel; and\n(b) may arrange for enforcement officers to appoint agents from the\npanel—\n(i) on rotation; or\n(ii) because the agent’s business is concentrated in the area\nwhere land to be sold is situated; or\n(iii) for any other reason the sheriff considers relevant.\n(4) An expression of interest from a real estate agent must include the\nagent’s fees or other remuneration, and the agent’s proposed\narrangements, for the marketing and sale of land under this rule.\n","sortOrder":610},{"sectionNumber":"2219","sectionType":"section","heading":"Seizure and sale order—power of entry for auction of","content":"2219 Seizure and sale order—power of entry for auction of\nland\n(1) If land is to be sold by public auction, the court may, on application\nby an enforcement officer, make an order—\n(a) authorising entry onto the land by the enforcement officer\n(including entry by force if necessary) for the purpose of\nshowing the land to prospective purchasers; and\n(b) authorising entry onto the land by prospective purchasers in the\npresence of the enforcement officer.\n(2) The order may also authorise the enforcement officer to do either or\nboth of the following:\n(a) secure entry onto the land (including by breaking or replacing\nlocks, bars and other devices restricting entry, if necessary);\n(b) take the steps necessary to prevent people from entering the\nland.\n\nRule 2220\n(3) Part 6.2 (Applications in proceedings) does not apply to an\n(4) An application under this rule need not be served on anyone unless\n(5) Unless the court otherwise orders on its own initiative, an application\n(6) This rule does not affect any other power of the court to make orders.\nland includes premises on land.\n","sortOrder":611},{"sectionNumber":"2220","sectionType":"section","heading":"Seizure and sale order—sale at best price obtainable","content":"2220 Seizure and sale order—sale at best price obtainable\n(1) This rule applies if the property seized under a seizure and sale order\nis not sold under rule 2216 (Seizure and sale order—nature of sale).\n(2) The enforcement officer or enforcement creditor may apply to the\ncourt for an order to sell the property at the best price obtainable.\n(3) The application must be accompanied by an affidavit, or a report by\nthe enforcement officer, in support of the application giving details of\nthe required steps for sale that have been taken.\n(4) A copy of the application and affidavit must be served on the\nenforcement debtor and any other interested party.\n","sortOrder":612},{"sectionNumber":"2221","sectionType":"section","heading":"Seizure and sale order—advertisement of sale","content":"2221 Seizure and sale order—advertisement of sale\n(1) Before selling property seized under a seizure and sale order, an\nenforcement officer must arrange advertisement of a notice giving—\n(a) the time and place of sale; and\n(b) details of the property to be sold.\n\nRule 2221\n(2) The notice must be published in a daily newspaper circulating\ngenerally in the ACT on 2 different days.\n(3) Both of the days mentioned in subrule (2) must be not more than\n4 weeks before the day of the sale and at least 1 of the days must be\nnot less than 2 weeks before the day of the sale.\n(4) However, the enforcement officer may sell the seized property\nwithout arranging the advertisements if—\n(a) the property is perishable; or\n(b) the enforcement debtor asks in writing for the property to be sold\nwithout the advertisements and the enforcement creditor\nconsents.\n(5) Also, if the seized property is put up for sale at a public auction to be\nconducted by someone other than an enforcement officer—\n(a) it is sufficient for the notice to contain only the details\nreasonable and usual for a public auction of property of the same\nnature as the seized property; and\n(b) advertisement of the notice may be done in the way reasonable\nand usual for a public auction of property of the same nature as\nthe seized property; and\n(c) an enforcement officer may require any other advertising the\nenforcement officer considers reasonable.\n(6) At least 48 hours before the day of the auction, the enforcement\nofficer must serve on the enforcement debtor a notice stating the date,\ntime and place of the auction and the property to be auctioned.\n(7) The advertisement must not contain any statement to the effect, or\nfrom which it can be inferred, that the auction is of property seized\n\nRule 2222\n","sortOrder":613},{"sectionNumber":"2222","sectionType":"section","heading":"Seizure and sale order—postponement of sale","content":"2222 Seizure and sale order—postponement of sale\n(1) On application by an enforcement officer, the enforcement creditor\nor the enforcement debtor, the court may order that the sale of\nproperty seized under a seizure and sale order be postponed to a stated\ndate.\n(2) For a sale of personal property, the stated date must not be later than\n12 weeks after the day the property was seized unless the court\n(3) If the order authorising the sale would otherwise end before the stated\ndate, the postponement automatically extends the order until the end\nof the stated date.\n","sortOrder":614},{"sectionNumber":"2223","sectionType":"section","heading":"Seizure and sale order—amounts received","content":"2223 Seizure and sale order—amounts received\n(1) An enforcement officer must pay to the registrar all proceeds of sale\nand other amounts received by the enforcement officer under a\n(2) From the amounts received from the enforcement officer, the registrar\n(a) pay the enforcement officer’s fees and costs of enforcement\n(including any costs of valuing and advertising property); and\n(b) pay any balance, up to the amount recoverable under the seizure\nand sale order, to the enforcement creditor; and\n(c) pay any remaining balance to the enforcement debtor.\n(3) If the enforcement officer receives seizure and sale orders in relation\nto more than 1 enforcement creditor, the enforcement creditors must\nbe paid from the proceeds of sale in the order in which the seizure and\nsale orders were received by the enforcement officer.\n\nRule 2224\n(4) The registrar must give the enforcement debtor and enforcement\ncreditor an account showing how the amounts received have been\npaid.\n","sortOrder":615},{"sectionNumber":"2224","sectionType":"section","heading":"Seizure and sale order—terms about payment","content":"2224 Seizure and sale order—terms about payment\n(1) An enforcement officer must sell property seized under a seizure and\nsale order on terms that the purchaser of an item of the property—\n(a) must pay—\n(i) 10% of the purchase price as a deposit immediately after\nthe sale; and\n(ii) the balance of the purchase price within the period (not\nlonger than 2 days after the day of the sale) that the\nenforcement officer decides before the sale; or\n(b) must pay all the purchase price immediately after the sale.\n(2) An enforcement officer must require payment of the purchase price\nto be in cash or by bank draft, electronic funds transfer, debit card or\ncredit card.\n(3) If payment is made by electronic funds transfer, debit card or credit\ncard, any charge made for the payment must be included in the costs\nof enforcement.\n","sortOrder":616},{"sectionNumber":"2225","sectionType":"section","heading":"Seizure and sale order—securities held by enforcement","content":"2225 Seizure and sale order—securities held by enforcement\nofficer\n(1) This rule applies if an enforcement officer seizes a cheque, bill of\nexchange, promissory note, bond, specialty, or another security for\nmoney, (the seized document) under a seizure and sale order.\n(2) The enforcement officer holds the seized document as security for the\namount to be recovered under the seizure and sale order for the benefit\nof the enforcement creditor.\n\nRule 2226\n(3) The enforcement officer may sue in the officer’s own name for, and\nrecover, an amount payable under the seized document from the\nperson liable under it.\n(4) Payment to the enforcement officer of an amount payable under the\nseized document discharges the person liable under the document to\nthe extent of the payment.\n","sortOrder":617},{"sectionNumber":"2226","sectionType":"section","heading":"Seizure and sale order—personal property subject to","content":"2226 Seizure and sale order—personal property subject to\nconditional bill of sale\n(1) This rule applies if personal property subject to a seizure and sale\norder is in the enforcement debtor’s possession and is also subject to\na conditional bill of sale.\n(2) An enforcement officer may sell the enforcement debtor’s interest in\nthe property without taking possession of it.\n(3) On receiving written notice that a person (the purchaser) has\npurchased the interest, the person having the benefit of the bill of sale\n(the holder of the bill) may take possession of the property.\n(4) If the holder of the bill takes possession of the property, the holder is\ntaken to hold it for the use of the purchaser, subject to the purchaser’s\npayment of any amounts payable under the bill of sale.\n(5) If the property is later sold under the bill of sale and any surplus\nremains from the proceeds of sale after the debt to the holder of the\nbill is satisfied, the holder must pay the surplus to the purchaser.\n(6) This rule does not affect the right of the enforcement creditor to test\nthe validity of the bill of sale by interpleader.\n","sortOrder":618},{"sectionNumber":"2227","sectionType":"section","heading":"Seizure and sale order—effect of sale of property","content":"2227 Seizure and sale order—effect of sale of property\n(1) A sale of property by an enforcement officer under this division is as\nvalid as if the property had been sold to the purchaser by the\nenforcement debtor personally.\n\nRule 2228\n(2) In an instrument executed by an enforcement officer in relation to\nland, a statement in the instrument to the effect that—\n(a) the land has been sold under a seizure and sale order; and\n(b) the seizure and sale order was made for the enforcement of a\nmoney order made in a proceeding stated in the order;\nis admissible in any proceeding as evidence of those facts.\n","sortOrder":619},{"sectionNumber":"2228","sectionType":"section","heading":"Seizure and sale order—effect of ending of order on","content":"2228 Seizure and sale order—effect of ending of order on\ncompletion of sale etc\nSubject to any order made by the court under rule 2056 (Enforcement\norders—orders about enforcement)—\n(a) the ending of a seizure and sale order under rule 2052\n(Enforcement orders—duration and renewal of certain\nenforcement orders given to enforcement officers) does not\naffect any agreement for sale or other transaction entered into\nunder the authority of the order before the order ends; and\n(b) any action necessary to complete the sale or give effect to the\ntransaction may be taken as if the order were still in force.\n","sortOrder":620},{"sectionNumber":"2229","sectionType":"section","heading":"Seizure and sale order—appropriation of payments","content":"2229 Seizure and sale order—appropriation of payments\ntowards order debt\nUnless the court otherwise orders, any payment made on account of\nan order debt is to be appropriated—\n(a) first towards the part of the order debt that is costs; and\n(b) second towards the part of the order debt that is interest; and\n(c) third toward the balance of the order debt.\n\nRule 2230\n","sortOrder":621},{"sectionNumber":"2230","sectionType":"section","heading":"Seizure and sale order—documents giving effect to sale","content":"2230 Seizure and sale order—documents giving effect to sale\n(1) If land is sold at auction under a seizure and sale order, the\nenforcement officer and the purchaser must each sign an appropriate\ncontract of sale immediately after the auction.\n(2) Unless the court otherwise orders, the settlement date under the\ncontract of sale must not be later than 90 days after the day of the\nauction.\n(3) As soon as practicable after receiving payment in full for land sold\nunder a seizure and sale order, an appropriate transfer prepared by the\npurchaser must be executed by the enforcement officer and given to\nthe purchaser for the purpose of giving effect to the sale.\n","sortOrder":622},{"sectionNumber":"2231","sectionType":"section","heading":"Seizure and sale order—payment to enforcement debtor","content":"2231 Seizure and sale order—payment to enforcement debtor\n(1) An enforcement creditor on whose application a seizure and sale\norder has been made may file in the court—\n(a) an agreement with the enforcement debtor about the amount of\nthe enforcement creditor’s costs of enforcement (a costs\nagreement); or\nNote Rule 1702 (Costs—agreement about costs) applies to the\nagreement.\n(b) a bill of costs.\n(2) A costs agreement or bill of costs must be filed—\n(a) not later than 2 months after the day an enforcement officer\nreceives the proceeds of any sale under the seizure and sale\n(b) within any longer time the enforcement debtor agrees to in\n\nRule 2232\n(3) If the enforcement creditor files a costs agreement in accordance with\nsubrule (2), the registrar must pay the enforcement debtor any amount\nheld by the court over the amount necessary to satisfy the seizure and\nsale order.\n(4) If the enforcement creditor files a bill of costs in accordance with\nsubrule (2), the registrar must pay the enforcement debtor, before\nassessing the costs, any amount held by the court over the amount\nthat, on the basis of the amount claimed in the bill of costs, is\nnecessary to satisfy the seizure and sale order.\n(5) If the enforcement creditor does not file a costs agreement or bill of\ncosts in accordance with subrule (2), the registrar may pay the\nenforcement debtor any amount held by the court over the total\namount necessary to satisfy the seizure and sale order (including\ninterest) and the costs of enforcement then known to the registrar.\n(6) The registrar must pay the enforcement creditor any of the proceeds\nof sale that the registrar is not required by this rule to pay to the\n(7) This rule does not affect the right of the enforcement creditor to\nrecover from the enforcement debtor the costs of enforcement of the\n","sortOrder":623},{"sectionNumber":"2232","sectionType":"section","heading":"Seizure and sale order—purchase by enforcement officer","content":"2232 Seizure and sale order—purchase by enforcement officer\nor auctioneer prohibited\n(a) an enforcement officer; or\n(b) a real estate agent or auctioneer appointed or engaged by an\nenforcement officer in relation to a seizure and sale order; or\n(c) an employee of the real estate agent or auctioneer.\n\nRule 2233\n(2) A person to whom this rule applies is not entitled—\n(a) to bid at an auction at which property seized under the order is\noffered for sale; or\n(b) to purchase, personally or for someone else, any property seized\nunder the order at auction or by private agreement.\n","sortOrder":624},{"sectionNumber":"2233","sectionType":"section","heading":"Seizure and sale order—account etc","content":"2233 Seizure and sale order—account etc\n(1) This rule applies to a person if the person—\n(a) is a real estate agent or auctioneer; and\n(b) is appointed or engaged by an enforcement officer in relation to\na seizure and sale order.\n(2) The person must tell an enforcement officer the amount of the\nperson’s charges in relation to the seizure and sale order as soon as\npracticable after—\n(a) being told by the enforcement officer that the person’s services\nare not required, or will no longer be required, in relation to the\n(b) being asked by an enforcement officer for an account of the\nperson’s charges in relation to the order.\n(3) The person must, as soon as practicable after receiving any amount\nunder a seizure and sale order, pay the amount, less the person’s\ncharges, to an enforcement officer.\n","sortOrder":625},{"sectionNumber":"2234","sectionType":"section","heading":"Seizure and sale order—report by enforcement officer","content":"2234 Seizure and sale order—report by enforcement officer\n(1) If an enforcement officer sells property seized under a seizure and\nsale order, the enforcement officer must, on request by the registrar,\nenforcement creditor or enforcement debtor, give a report of the sale\nof the property seized under a seizure and sale order.\n\nRule 2235\n(2) The report must include an account of—\n(a) the proceeds of the sale and any other amount received by the\nenforcement officer under the seizure and sale order; and\n(b) all the costs and charges incurred in giving effect to the order,\nincluding any costs of removing the property from where it was\nseized and advertising the sale; and\n(c) how the proceeds and other amount (if any) have been disposed\nof.\n","sortOrder":626},{"sectionNumber":"2235","sectionType":"section","heading":"Seizure and sale order—order for disposal and return of","content":"2235 Seizure and sale order—order for disposal and return of\nproperty to enforcement debtor\n(1) If property seized under a seizure and sale order remains unsold after\nbeing offered for sale at an auction, the court may, on application by\nthe enforcement creditor, make an order for the disposal of the\n(2) An application under subrule (1) must be made not later than 4 weeks\nafter the day of the auction.\n(3) In considering whether to make an order for the disposal of the\nproperty, the court must have regard to—\n(a) the amount of the enforcement debt and costs and charges\nremaining unpaid; and\n(b) any hardship that would be imposed on the enforcement creditor\nif the order were not made and on the enforcement debtor if the\norder were made.\n(4) If—\n(a) the enforcement creditor does not make an application in\naccordance with subrule (2) in relation to property remaining\nunsold; or\n\nRule 2300\n(b) the court refuses to make an order under subrule (1) for the\ndisposal of property remaining unsold;\nthe property must be returned to the enforcement debtor.\nDivision 2.18.6 Enforcement of money orders—debt\nredirection orders generally\n","sortOrder":627},{"sectionNumber":"2300","sectionType":"section","heading":"Application—div 2.18.6","content":"2300 Application—div 2.18.6\n(1) This division applies if a debt is, or is likely to become, payable by a\nperson (a third person) to the enforcement debtor for a money order.\nNote Div 2.18.7 also applies if the third person is a financial institution and\nregular redirection of amounts is, or is to be, authorised.\n(2) However, this division does not apply to—\n(a) a redirection of earnings; or\n(b) an order for the payment of money into court.\nNote Div 2.18.8 deals with earnings redirection orders.\n","sortOrder":628},{"sectionNumber":"2301","sectionType":"section","heading":"Debt redirection order—making","content":"2301 Debt redirection order—making\n(1) On application by the enforcement creditor or enforcement debtor for\nan enforceable money order of the court, the court may make an order\n(a debt redirection order) authorising the redirection to the\nenforcement creditor of the third person’s debt to the enforcement\n(2) To remove any doubt, a single debt redirection order may be made in\nrelation to 2 or more debts.\n(3) A debt may be redirected only if the debt is payable or accruing to the\nenforcement debtor by the third person on the day the order for\nredirection of the debt is served on the third person.\nNote See r 2050 (Enforcement orders—content and issue) for provisions about\nthe content and issue of the order.\n\nRule 2302\n","sortOrder":629},{"sectionNumber":"2302","sectionType":"section","heading":"Debt redirection order—application","content":"2302 Debt redirection order—application\n(1) An application for a debt redirection order is made by filing in the\nNote See approved form 2.62 (Debt redirection order) AF2006-307.\nmoney order; and\nrelation to the money order; and\nunder the money order on the affidavit date and how the amount\nis worked out; and\npayment under the money order, will accrue after the affidavit\n(j) the name of the third person; and\n\nRule 2303\n(k) the amount of the debt that appears to be owed by the third\nperson to the enforcement debtor; and\n(l) any other information necessary for the order being sought.\nfor a debt redirection order must be dealt with without a hearing and\n","sortOrder":630},{"sectionNumber":"2303","sectionType":"section","heading":"Debt redirection order—relevant considerations","content":"2303 Debt redirection order—relevant considerations\n(1) In deciding whether to make a debt redirection order, the court must\nhave regard to the following matters, as far as they are known to the\ncourt:\n(a) the enforcement debtor’s means of satisfying the order debt;\n(b) whether the order debt, including any interest, will be satisfied\n(c) the necessary living expenses of the enforcement debtor and the\n(d) other liabilities of the enforcement debtor;\n(e) the amount of the order debt;\n(f) the amount of the debt to be redirected and the amount of each\ninstalment (if any);\n\nRule 2304\n(g) if the applicant is the enforcement debtor—whether, having\nenforcing orders justly, efficiently and quickly;\n(h) whether, having regard to the nature of the debt and the kind of\nredirection, the redirection is appropriate.\n(3) In deciding the amount of the debt to be redirected under the order\nand the amount of each instalment (if any), the court must be satisfied\nthat the order will not impose unreasonable hardship on the\nenforcement debtor or any dependant of the enforcement debtor.\nmakes the debt redirection order.\n","sortOrder":631},{"sectionNumber":"2304","sectionType":"section","heading":"Debt redirection order—joint funds","content":"2304 Debt redirection order—joint funds\n(1) This rule applies if the debt belonging to the enforcement debtor is a\nfund of money owned by the enforcement debtor and others (a joint\nfund).\n(2) A debt redirection order may authorise redirection to an enforcement\ncreditor of the joint fund to the extent of the enforcement debtor’s\nentitlement.\n(3) Unless, on application of a fund owner or enforcement creditor, the\ncourt decides the actual beneficial entitlement of each fund owner, it\nis presumed a joint fund is owned by the fund owners in equal shares.\nNote Pt 6.2 (Applications in proceedings) applies to an application under r (3).\n","sortOrder":632},{"sectionNumber":"2305","sectionType":"section","heading":"Debt redirection order—partnership debts","content":"2305 Debt redirection order—partnership debts\nA court may make a debt redirection order in relation to debts\nbelonging to an enforcement debtor from a partnership carrying on\nbusiness in the ACT even if a partner lives outside the ACT.\n\nRule 2306\n","sortOrder":633},{"sectionNumber":"2306","sectionType":"section","heading":"Debt redirection order—account with financial institution","content":"2306 Debt redirection order—account with financial institution\n(1) An amount standing to the credit of an enforcement debtor in an\naccount with a financial institution is, for enforcing a money order, a\ndebt payable by the financial institution to the enforcement debtor.\n(2) Subrule (1) applies even if any of the following conditions applying\nto the account have not been satisfied:\n(a) a condition requiring a demand or notice to be made or given\nbefore an amount is withdrawn;\n(b) a condition about how, or the place where, a demand is to be\nmade;\n(c) a condition requiring a personal application to be made before\nan amount is withdrawn;\n(d) a condition requiring the production of a deposit book, receipt\nor anything else for an amount deposited in the account before\nthe amount is withdrawn;\n(e) a condition requiring an amount not be withdrawn for a stated\nperiod;\n(f) a condition requiring a minimum amount for a withdrawal;\n(g) a condition requiring a minimum balance to be maintained in the\naccount;\n(h) a similar condition.\n(3) This rule applies, with any necessary changes, to an amount that is\nplaced to the credit of an enforcement debtor in an account in a\nfinancial institution between the date of the debt redirection order and\nany hearing deciding the validity of the order.\n\nRule 2307\n","sortOrder":634},{"sectionNumber":"2307","sectionType":"section","heading":"Debt redirection order—claim by someone else","content":"2307 Debt redirection order—claim by someone else\n(a) the court is considering making, or has made, a debt redirection\norder for a debt; and\n(b) the court considers that someone other than the enforcement\ndebtor who may be entitled to all or a part of the debt, or to a\ncharge or lien on it, (an interested person) should be given the\nopportunity to object.\n(2) The court may, on its own initiative, give the directions it considers\nappropriate for deciding the interested person’s entitlement.\nExamples of directions\n1 that a stamped copy of a debt redirection order be served on a person who may\nbe an interested person\n2 that a stamped copy of an objection, supporting affidavit, or response to an\nobjection, filed under rule 2311 (Debt redirection order—third person disputes\nliability) be served on a person who may be an interested person\n3 that a person who may be an interested person be given an opportunity to file\na notice of objection and supporting affidavit\n4 directions for deciding any question arising out of a notice of objection or\nsupporting affidavit\n","sortOrder":635},{"sectionNumber":"2308","sectionType":"section","heading":"Debt redirection order—when debt redirected","content":"2308 Debt redirection order—when debt redirected\n(1) A debt redirection order must be served on the third person to have\n(2) On the service of the order, all debts then payable or accruing from\nthe third person to the enforcement debtor are redirected in the hands\nof the third person to the enforcement creditor to the extent of the\namount recoverable under in the order.\n\nRule 2309\n","sortOrder":636},{"sectionNumber":"2309","sectionType":"section","heading":"Debt redirection order—notice by third person to","content":"2309 Debt redirection order—notice by third person to\nenforcement creditor\nIf a debt redirection order attaches a debt that is payable to the\nenforcement debtor later than 28 days after the day the order is served\non the third person, the third person must, before the end of that\nperiod, serve on the enforcement creditor a notice stating—\n(a) the date the debt is, or is likely to be, payable to the enforcement\n(b) if the amount of the debt is less than the unpaid amount of the\namount recoverable under the money order—the amount of the\n","sortOrder":637},{"sectionNumber":"2310","sectionType":"section","heading":"Debt redirection order—payments by third person","content":"2310 Debt redirection order—payments by third person\n(1) Payments under a debt redirection order must be made in accordance\nwith, and to the enforcement creditor stated in, the order.\n(2) Out of each amount redirected under the order, the third person may\ndeduct a reasonable amount to cover the third person’s costs and\nexpenses of complying with the order.\n","sortOrder":638},{"sectionNumber":"2311","sectionType":"section","heading":"Debt redirection order—third person disputes liability","content":"2311 Debt redirection order—third person disputes liability\n(a) a debt redirection order is served on the third person; and\n(b) the third person disputes liability to pay any debt to the\n(2) The third person may file a notice of objection in the court.\n(3) The notice must be filed not later than 7 days after the day the order\nis served on the third person.\n(4) The notice must be accompanied by an affidavit in support stating the\nfacts relied on by the third person.\n\nRule 2312\n(5) The disclosure of any information in the affidavit does not subject the\nthird person to any liability if the disclosure was reasonable in the\ncircumstances.\n(6) The filing of the notice stays any obligation of the third person to pay\nthe debt to the enforcement debtor or enforcement creditor but does\nnot stay any accrual of interest on the debt.\n(7) The third person must serve a stamped copy of the notice and\nsupporting affidavit on the enforcement creditor and enforcement\n(8) The enforcement debtor or enforcement creditor may file in the court\nan affidavit in response to the notice of objection.\n(9) The court may—\n(a) decide the question of liability without a hearing and in the\nabsence of the parties; or\n(b) on its own initiative, give directions for the question to be\ndecided.\n(10) To remove any doubt, part 6.2 (Applications in proceedings) does not\napply to a notice of objection, or response to a notice of objection,\n","sortOrder":639},{"sectionNumber":"2312","sectionType":"section","heading":"Debt redirection order—discharge of third person","content":"2312 Debt redirection order—discharge of third person\n(1) A payment to an enforcement creditor made by the third person in\naccordance with a debt redirection order is a valid discharge of the\nthird person’s liability to the enforcement debtor to the extent of the\namount paid.\n(2) This rule applies even if, after the payment, the debt redirection order\nis set aside or the money order from which it arose is amended or set\naside.\n\nRule 2313\n","sortOrder":640},{"sectionNumber":"2313","sectionType":"section","heading":"Debt redirection order—payment to enforcement debtor","content":"2313 Debt redirection order—payment to enforcement debtor\ndespite redirection\n(1) This rule applies if, after redirection of a debt in the hands of the third\n(a) the third person acts with reasonable diligence to give effect to\nthe redirection; and\n(b) although the third person acts with reasonable diligence, the\nthird person deals with the redirected debt in a way that satisfies,\nas between the third person and the enforcement debtor, all or\npart of the redirected debt, including, for example, by payment\nto the enforcement debtor.\n(2) On application by the third person or other interested person, the court\nmay order that, for this division, the redirected debt be reduced to the\nextent of its satisfaction.\n","sortOrder":641},{"sectionNumber":"2314","sectionType":"section","heading":"Debt redirection order—amending, suspending or setting","content":"2314 Debt redirection order—amending, suspending or setting\naside\n(1) On application by the enforcement creditor or enforcement debtor,\nthe court may make an order amending, suspending or setting aside a\ndebt redirection order.\n(2) The registrar must give notice of the date and time the application is\nto be heard to the enforcement creditor, enforcement debtor and third\n(3) After hearing the application, the court may make 1 or more of the\n\nRule 2314\n(b) an order amending, suspending or setting aside the debt\nredirection order;\n(c) a regular redirection order;\n(d) an earnings redirection order.\n(4) In considering whether to make an order mentioned in subrule (3), the\ncourt must have regard to—\n(a) the order (if any) preferred by the enforcement debtor; and\n(b) the likelihood of the enforcement debtor complying with an\ninstalment order; and\n(c) the property and financial circumstances of the enforcement\ndebtor, including any other enforcement orders (however\ndescribed) in force against the enforcement debtor; and\n(d) any other information that the court considers is relevant and\nreliable.\n(5) Subrule (4) does not limit—\n(a) the other matters to which the court must have regard in deciding\nwhether to make an instalment order or earnings redirection\nNote For these matters, see—\n• r 2352 (Earnings redirection order—relevant considerations).\n(b) the other matters to which the court may have regard.\n(6) If the court makes an order amending, suspending or setting aside the\ndebt redirection order under this rule—\n(a) the registrar must serve a sealed copy of the order on the\nenforcement creditor, enforcement debtor and third person; and\n(b) the order does not come into force until the end of 7 days after\nthe day it is served on the third person.\n\nRule 2315\n","sortOrder":642},{"sectionNumber":"2315","sectionType":"section","heading":"Debt redirection order—procedure if order not complied","content":"2315 Debt redirection order—procedure if order not complied\nwith\n(1) If the enforcement creditor considers that a debt redirection order has\nnot been complied with, the court may, on application by the\nenforcement creditor, hear and decide any question about the liability\nof the third person to pay the debt to which the order applies.\n(2) If the court is satisfied that the third person is liable to pay the debt\nand has not complied with the debt redirection order, the court may\nmake an order against the third person in favour of the enforcement\ncreditor for the lesser of—\n(a) the amount that has not been paid to the enforcement creditor as\nrequired by the debt redirection order; and\n(b) the unpaid amount of the order debt.\n(3) The court may refuse to make an order under subrule (2) if it\nconsiders the order should not be made because of the smallness of\neither of the amounts mentioned in subrule (2) (a) or (b), or for any\nother reason.\n(4) As between the third person and the enforcement debtor, an amount\npaid to the enforcement creditor by the third person under an order\nunder this rule is taken to have been paid by the third person to the\n\nRule 2330\nDivision 2.18.7 Enforcement of money orders—\nregular redirections from financial\n","sortOrder":643},{"sectionNumber":"2330","sectionType":"section","heading":"Application—div 2.18.7","content":"2330 Application—div 2.18.7\nThis division applies if—\n(a) the enforcement debtor for an enforceable money order of the\ncourt has an account with a financial institution; and\n(b) the financial institution or someone else (the fourth person)\nregularly deposits earnings, interest or rent into the account (the\nregular deposit).\n","sortOrder":644},{"sectionNumber":"2331","sectionType":"section","heading":"Regular redirection order—application of div 2.18.6","content":"2331 Regular redirection order—application of div 2.18.6\n(1) The provisions of division 2.18.6 (other than the non-applied\nprovisions) apply, with any necessary changes, to a regular\nredirection order under this division as if a reference to the third\nperson were a reference to the financial institution.\nnon-applied provisions means the following provisions:\n• rule 2301 (3) (Debt redirection order—making)\n• rule 2308 (Debt redirection order—when debt redirected)\n• rule 2310 (Debt redirection order—payments by third person).\n","sortOrder":645},{"sectionNumber":"2332","sectionType":"section","heading":"Regular redirection order—making","content":"2332 Regular redirection order—making\n(1) On application by the enforcement creditor or enforcement debtor for\nthe money order, the court may make an order (a regular redirection\norder) authorising the regular redirection to the enforcement creditor\nof all or part of a regular debt.\nNote See approved form 2.63 (Regular redirection order) AF2006-308.\n\nRule 2333\nregular debt means a debt, belonging to the enforcement debtor, from\nthe financial institution because of the regular deposit by the fourth\n","sortOrder":646},{"sectionNumber":"2333","sectionType":"section","heading":"Regular redirection order—content","content":"2333 Regular redirection order—content\nA regular redirection order must state the following:\n(a) the name of the financial institution that must deduct amounts\nfrom a regular deposit;\n(b) details of the enforcement debtor’s account from which the\ndeduction is to be made;\n(c) the name and address of the fourth person;\nNote For the meaning of fourth person, see r 2330.\n(d) the amount that the financial institution must deduct each time a\nregular deposit is made;\n(e) the name and address of the enforcement creditor to whom the\nfinancial institution must give the deducted amount.\nNote The order must also state the matters mentioned in r 2050 (Enforcement\norders—content and issue).\n","sortOrder":647},{"sectionNumber":"2334","sectionType":"section","heading":"Regular redirection order—service and coming into force","content":"2334 Regular redirection order—service and coming into force\n(1) This rule applies if the court makes a regular redirection order,\nwhether or not on the enforcement creditor’s application.\nNote The registrar must give a sealed copy of the order to the enforcement\ncreditor (see r 2050 (4)).\n(2) The enforcement creditor must serve a sealed copy of the order—\n(a) on the financial institution—\n\nRule 2335\n(iii) by email; and\n(b) on the enforcement debtor—\n(iii) if the enforcement debtor’s address for service includes an\nemail address—by email.\n(3) The order does not come into force until the end of 7 days after the\nday the order is served on the financial institution.\n","sortOrder":648},{"sectionNumber":"2335","sectionType":"section","heading":"Regular redirection order—financial institution to make","content":"2335 Regular redirection order—financial institution to make\npayments etc\n(1) For each regular deposit into the enforcement debtor’s account while\nthe regular redirection order is in force, the financial institution—\n(a) must, not later than 3 days after the day the deposit is made,\ndeduct from the account the amount stated in the order and pay\nit to the enforcement creditor stated in the order; and\n(b) may deduct from the account a reasonable administration charge\nand keep it as a contribution towards the administrative cost of\nmaking payments under the order; and\n(c) must, at least once a month, give the enforcement debtor a notice\ndetailing the deductions.\n(2) Any charge deducted under subrule (1) (b) must not be more than—\n(a) if the financial institution has an amount it usually charges its\ncustomers for making periodic payments—that amount; or\n(b) otherwise—an amount that covers the financial institution’s\ncosts and expenses of complying with the order.\n(3) In applying subrule (1) (a) to the last deduction, the financial\ninstitution must deduct the amount (not more than the amount stated\nin the order for deduction for each regular deposit) that results in the\n\nRule 2336\ntotal amount deducted under the order being the total amount for\ndeduction stated in the order.\n(4) A deduction paid or kept by a financial institution under subrule (1)\nis a valid discharge of the financial institution’s liability to the\nenforcement debtor to the extent of the deduction.\n","sortOrder":649},{"sectionNumber":"2336","sectionType":"section","heading":"Regular redirection order—enforcement debtor not to","content":"2336 Regular redirection order—enforcement debtor not to\ndefeat order\n(1) The enforcement debtor must ensure that sufficient funds remain in\nthe enforcement debtor’s account after each regular deposit for the\ndeduction from the account of the amount stated in the order.\n(2) The enforcement debtor must tell the enforcement creditor in writing\nif—\n(a) the fourth person discontinues making the regular deposit; or\nNote For the meaning of fourth person, see r 2330.\n(b) the enforcement debtor closes the account or arranges for the\nfourth person to pay the enforcement debtor in another way.\n","sortOrder":650},{"sectionNumber":"2337","sectionType":"section","heading":"Regular redirection order—no other enforcement while in","content":"2337 Regular redirection order—no other enforcement while in\nforce\nUnless the court otherwise orders, while a regular redirection order is\nin force in relation to a money order, no other enforcement order may\nbe made in relation to the money order.\n","sortOrder":651},{"sectionNumber":"2338","sectionType":"section","heading":"Regular redirection order—ceasing to have effect","content":"2338 Regular redirection order—ceasing to have effect\n(1) A regular redirection order ceases to have effect when—\n(b) the regular redirection order is set aside or ends in accordance\nwith its terms.\n\nRule 2339\n(2) If a regular redirection order ceases to have effect otherwise than\nbecause of an order the enforcement creditor is required under these\nrules to serve on the financial institution, the enforcement creditor\nmust give notice to the financial institution that the regular redirection\norder has ceased to have effect.\n(4) If a regular redirection order ceases to have effect, the financial\ninstitution does not incur any liability by treating the order as still in\nforce at any time before the end of 7 days after the day either of the\nfollowing is given to the financial institution:\n(a) a sealed copy of the order because of which the regular\nredirection order ceases to have effect;\n(b) the notice mentioned in subrule (2).\n","sortOrder":652},{"sectionNumber":"2339","sectionType":"section","heading":"Regular redirection order—return of excess","content":"2339 Regular redirection order—return of excess\n(1) If a regular redirection order is made for an order debt and the\nenforcement creditor receives from the financial institution more than\nthe amount payable under the order—\n(a) the enforcement creditor must return the excess to the financial\ninstitution; and\n(b) the financial institution must deposit it to the account from\nwhich amounts were deducted under the regular redirection\norder or otherwise deal with it in accordance with the\nenforcement debtor’s written request.\n(2) If the enforcement creditor does not return the excess, the\nenforcement debtor may recover it as a debt owing to the debtor.\n(3) For subrule (2), interest is payable on the amount of the excess as if\nthe excess were an order debt.\n\nRule 2340\n","sortOrder":653},{"sectionNumber":"2340","sectionType":"section","heading":"Regular redirection order—record of payments","content":"2340 Regular redirection order—record of payments\n(1) If a regular redirection order is made for an order debt, the\nenforcement creditor must make a record of the amount and date of\neach payment received by the enforcement creditor under the regular\nredirection order.\nafter the day the last payment is made under the regular redirection\n\nRule 2350\nDivision 2.18.8 Enforcement of money orders—\nearnings redirection orders\n","sortOrder":654},{"sectionNumber":"2350","sectionType":"section","heading":"Earnings redirection order—making","content":"2350 Earnings redirection order—making\nOn application by the enforcement creditor or enforcement debtor for\nan enforceable money order of the court, the court may make an order\n(an earnings redirection order) authorising redirection to the\nenforcement creditor of particular earnings of the enforcement debtor\nfrom an employer of the enforcement debtor.\nNote 1 Employer of an enforcement debtor is defined in r 2000.\nNote 2 An earnings redirection order may be made at an enforcement hearing\n(see r 2112 (Enforcement hearing—orders)).\n","sortOrder":655},{"sectionNumber":"2351","sectionType":"section","heading":"Earnings redirection order—application","content":"2351 Earnings redirection order—application\n(1) An application for an earnings redirection order is made by filing in\nthe court—\nNote See approved form 2.64 (Earnings redirection order) AF2018-41.\n\nRule 2352\nfor an earnings redirection order must be dealt with without a hearing\nand in the absence of the parties.\n","sortOrder":656},{"sectionNumber":"2352","sectionType":"section","heading":"Earnings redirection order—relevant considerations","content":"2352 Earnings redirection order—relevant considerations\n(1) In deciding whether to make an earnings redirection order, the court\nmust have regard to the following matters, as far as they are known\nto the court:\n(a) the enforcement debtor’s means of satisfying the order debt;\n(b) whether the order debt, including any interest, will be satisfied\n(c) the necessary living expenses of the enforcement debtor and the\n\nRule 2353\n(d) other liabilities of the enforcement debtor;\n(e) the amount of the order debt;\n(f) the amount of the earnings to be redirected each payday;\n(g) if the applicant is the enforcement debtor—whether, having\nenforcing orders justly, efficiently and quickly.\n(3) In deciding the amount and timing of the earnings to be redirected\nunder the order on each payday, the court must be satisfied that the\norder will not impose unreasonable hardship on the enforcement\ndebtor or any dependant of the enforcement debtor.\nmakes the earnings redirection order.\n","sortOrder":657},{"sectionNumber":"2353","sectionType":"section","heading":"Earnings redirection order—limit","content":"2353 Earnings redirection order—limit\n(1) The court must not make an earnings redirection order for the\nenforcement debtor that would reduce the total earnings of the\nenforcement debtor to an amount that is less than 80% of the debtor’s\nnet earnings.\nnet earnings means gross earnings per week or another appropriate\nperiod after any required deduction of tax.\n\nRule 2354\n","sortOrder":658},{"sectionNumber":"2354","sectionType":"section","heading":"Earnings redirection order—information about","content":"2354 Earnings redirection order—information about\nenforcement debtor’s earnings\nTo decide whether to make an earnings redirection order, the court\nmay order a person the court considers may pay earnings to the\nenforcement debtor to give the court a signed statement setting out\ndetails of—\n(a) the earnings owing to the debtor; and\n(b) the earnings payable to the debtor from time to time.\nNote The court may also order that an enforcement hearing be held (see r 2101\n(Enforcement hearing—otherwise than on enforcement creditor’s\napplication)).\n","sortOrder":659},{"sectionNumber":"2355","sectionType":"section","heading":"Earnings redirection order—content","content":"2355 Earnings redirection order—content\nAn earnings redirection order must state—\n(a) the name of the enforcement debtor; and\n(b) the name of the enforcement debtor’s employer who must\ndeduct from the enforcement debtor’s earnings; and\n(c) the total amount the employer must deduct from the\nenforcement debtor’s earnings; and\n(d) if an amount is required to be deducted from the enforcement\ndebtor’s earnings each payday—the amount; and\n(e) the name and address of the enforcement creditor to whom the\nemployer must pay the deductions.\nNote The order must also state the matters mentioned in r 2050 (Enforcement\norders—content and issue).\n\nRule 2356\n","sortOrder":660},{"sectionNumber":"2356","sectionType":"section","heading":"Earnings redirection order—service and coming into","content":"2356 Earnings redirection order—service and coming into\nforce\n(1) This rule applies if the court makes an earnings redirection order,\nwhether or not on the enforcement creditor’s application.\nNote The registrar must give a sealed copy of the order to the enforcement\ncreditor (see r 2050 (4)).\n(2) The enforcement creditor must serve a sealed copy of the order—\n(a) on the enforcement debtor’s employer—\n(ii) by pre-paid post; and\n(b) on the enforcement debtor—\n(iii) if the enforcement debtor’s address for service includes an\nemail address—by email.\n(3) The enforcement creditor must also serve on the enforcement debtor’s\nemployer—\n(a) a notice telling the enforcement debtor’s employer of the effect\nof the order and the employer’s obligations under this division;\nand\nNote See approved form 2.65 (Notice to employer—earnings redirection\norder) AF2018-42.\n(b) a copy of a notice that the employer may use if the debtor is not\nemployed by the employer.\nNote See approved form 2.66 (Notice that debtor not employee)\nAF2006-311.\n(4) The order does not come into force until the end of 7 days after the\nday it is served on the employer.\n\nRule 2357\n","sortOrder":661},{"sectionNumber":"2357","sectionType":"section","heading":"Earnings redirection order—person served not employer","content":"2357 Earnings redirection order—person served not employer\n(a) an earnings redirection order is served on a person on the basis\nthat the person is the enforcement debtor’s employer; and\n(b) the person is not the enforcement debtor’s employer when the\norder is served on the person.\n(2) The person must immediately tell the registrar, in writing, that the\nperson is not the enforcement debtor’s employer.\nNote See approved form 2.66 (Notice that debtor not employee) AF2006-311.\n(3) To remove any doubt, the person is not bound by the order.\n","sortOrder":662},{"sectionNumber":"2358","sectionType":"section","heading":"Earnings redirection order—employer to make payments","content":"2358 Earnings redirection order—employer to make payments\netc\n(1) For each payday while an earnings redirection order is in force, the\nenforcement debtor’s employer—\n(a) must deduct from the enforcement debtor’s earnings the amount\nstated in the order (the deducted amount); and\n(b) may withhold from the deducted amount a reasonable\nadministration charge and keep it as a contribution towards the\nadministrative cost of making payments under the order; and\n(c) must pay the deducted amount less any administration charge to\nthe person stated in the order; and\n(d) must give the enforcement debtor a notice detailing the\ndeduction and any administration charge.\n(2) Any charge deducted by an employer under subrule (1) (b) must not\nbe more than—\n(a) if the employer has an amount the employer usually charges\nemployees for making periodic payments—that amount; or\n\nRule 2359\n(b) otherwise—an amount that covers the employer’s costs and\nexpenses of complying with the order.\n(3) In applying subrule (1) (a) to the last deduction, the employer must\ndeduct the amount (not more than the amount stated in the order for\ndeduction each payday) that results in the total amount deducted\nunder the order being the total amount for deduction stated in the\n(4) A deduction paid or kept by an employer under subrule (1) is a valid\ndischarge as between the employer and the enforcement debtor, to the\nextent of the deduction, of the employer’s liability to pay earnings.\n","sortOrder":663},{"sectionNumber":"2359","sectionType":"section","heading":"Earnings redirection order—no other enforcement while","content":"2359 Earnings redirection order—no other enforcement while\nin force\nUnless the court otherwise orders, while an earnings redirection order\nis in force in relation to a money order, no other enforcement order\nmay be made in relation to the money order.\n","sortOrder":664},{"sectionNumber":"2360","sectionType":"section","heading":"Earnings redirection order—amending, suspending or","content":"2360 Earnings redirection order—amending, suspending or\nsetting aside\n(1) On application by the enforcement creditor or enforcement debtor,\nthe court may make an order amending, suspending or setting aside\nan earnings redirection order.\n(2) The registrar must give notice of the date and time the application is\nto be heard to the enforcement creditor, enforcement debtor and\nenforcement debtor’s employer.\n\nRule 2360\n(3) After hearing the application, the court may make 1 or more of the\n(b) an order amending, suspending or setting aside the earnings\nredirection order;\n(c) a debt redirection order;\n(d) a regular redirection order.\n(4) In considering whether to make an order mentioned in subrule (3), the\ncourt must have regard to—\n(a) the order (if any) preferred by the enforcement debtor; and\n(b) the likelihood of the enforcement debtor complying with an\ninstalment order; and\n(c) the property and financial circumstances of the enforcement\ndebtor, including any other enforcement orders (however\ndescribed) in force against the enforcement debtor; and\n(d) any other information that the court considers is relevant and\nreliable.\n(5) Subrule (4) does not limit—\n(a) the other matters to which the court must have regard in deciding\nwhether to make an instalment order or debt redirection order;\nor\nNote For these matters, see—\n• r 2303 (Debt redirection order—relevant considerations).\n(b) the other matters to which the court may have regard.\n\nRule 2361\n(6) If the court makes an order amending, suspending or setting aside the\nearnings redirection order under this rule—\n(a) the registrar must serve a sealed copy of the order on the\nenforcement creditor, enforcement debtor and employer; and\n(b) the order does not come into force until the end of 7 days after\nthe day it is served on the employer.\n","sortOrder":665},{"sectionNumber":"2361","sectionType":"section","heading":"Earnings redirection order—ceasing to have effect","content":"2361 Earnings redirection order—ceasing to have effect\n(1) An earnings redirection order for a money order ceases to have effect\nwhen—\n(b) the earnings redirection order is set aside or ends in accordance\nwith its terms; or\n(c) unless the court otherwise orders, another enforcement order is\nmade for the money order.\n(2) If an earnings redirection order ceases to have effect otherwise than\nbecause of an order the enforcement creditor is required under these\nrules to serve on the enforcement debtor’s employer, the enforcement\ncreditor must give notice to the employer that the earnings redirection\norder has ceased to have effect.\n(4) If an earnings redirection order ceases to have effect, the enforcement\ndebtor’s employer does not incur any liability by treating the order as\nstill in force at any time before the end of 7 days after the day either\nof the following is given to the employer:\n(a) a sealed copy of the order because of which the earnings\nredirection order ceases to have effect;\n(b) the notice mentioned in subrule (2).\n\nRule 2362\n","sortOrder":666},{"sectionNumber":"2362","sectionType":"section","heading":"Earnings redirection order—return of excess","content":"2362 Earnings redirection order—return of excess\n(1) If an earnings redirection order is made for an order debt and the\nenforcement creditor receives from the enforcement debtor’s\nemployer more than the amount payable under the order—\n(a) the enforcement creditor must return the excess to the employer;\nand\n(b) the employer must pay it to the enforcement debtor.\n(2) If the enforcement creditor does not return the excess, the\nenforcement debtor may recover it as a debt owing to the debtor.\n(3) For subrule (2), interest is payable on the amount of the excess as if\nthe excess were an order debt.\n","sortOrder":667},{"sectionNumber":"2363","sectionType":"section","heading":"Earnings redirection order—record of payments","content":"2363 Earnings redirection order—record of payments\n(1) If an earnings redirection order is made for an order debt, the\nenforcement creditor must make a record of the amount and date of\neach payment received by the enforcement creditor under the\nearnings redirection order.\nafter the day the last payment is made under the earnings redirection\n\nRule 2364\n","sortOrder":668},{"sectionNumber":"2364","sectionType":"section","heading":"Earnings redirection order—2 or more orders in force","content":"2364 Earnings redirection order—2 or more orders in force\n(1) This rule applies if 2 or more earning redirection orders are in force\nin relation to the same earnings of an enforcement debtor.\n(2) The employer must comply with the orders according to the dates\nthey were served on the employer and disregard an order served later\nuntil an order served earlier ceases to have effect.\nNote Rule 2361 deals with earnings redirection orders ceasing to have effect.\n(3) If an earnings redirection order is amended, it continues to have\npriority according to the date the original order was served.\n","sortOrder":669},{"sectionNumber":"2365","sectionType":"section","heading":"Earnings redirection order—person served ceasing to be","content":"2365 Earnings redirection order—person served ceasing to be\nemployer\n(a) a person who is an enforcement debtor’s employer is served with\nan earnings redirection order; and\n(b) the person later ceases to be the enforcement debtor’s employer.\n\nRule 2366\n(2) The person must immediately tell the court and enforcement creditor,\nin writing, that the person is no longer the enforcement debtor’s\nemployer.\nNote See approved form 2.67 (Notice of cessation of employment)\nAF2006-312.\n","sortOrder":670},{"sectionNumber":"2366","sectionType":"section","heading":"Earnings redirection order—enforcement debtor changes","content":"2366 Earnings redirection order—enforcement debtor changes\nor ceases employment\n(1) This rule applies if an enforcement debtor for whom an earnings\nredirection order is in force changes employer or ceases to be\nemployed.\n(2) Not later than 7 days after the day the enforcement debtor changes\nemployer or ceases employment, the enforcement debtor must tell the\nregistrar and the enforcement creditor, in writing, the details of the\ndebtor’s new employer or that the debtor has ceased employment.\nNote See approved form 2.68 (Notice by enforcement debtor of change in\nemployment) AF2006-313.\n(3) If the registrar is told under subrule (2) that the enforcement debtor\nhas changed employer, the court may, on its own initiative—\n(a) set aside the existing earnings redirection order; and\n(b) make a new earnings redirection order authorising redirection to\nthe enforcement creditor of earnings of the enforcement debtor\nfrom the new employer.\n","sortOrder":671},{"sectionNumber":"2367","sectionType":"section","heading":"Earnings redirection order—directions","content":"2367 Earnings redirection order—directions\n(1) An employer on whom an earnings redirection order is served may\napply to the court for directions.\n(2) The employer must serve a stamped copy of the application on the\nenforcement creditor and enforcement debtor.\n\nRule 2368\n(3) The enforcement creditor and enforcement debtor are parties to the\n(4) On application under this rule, the court may give the directions it\n(5) Without limiting subrule (4), the court may decide whether payments\nbeing made by the employer to the enforcement debtor that are\ndescribed in the application are earnings.\n(6) While the application or any appeal from a decision made on the\napplication is pending, the employer does not incur any liability for\nfailing to comply with the earnings redirection order in relation to\npayments mentioned in subrule (5) that are described in the\n","sortOrder":672},{"sectionNumber":"2368","sectionType":"section","heading":"Earnings redirection order—employment protection","content":"2368 Earnings redirection order—employment protection\nAn employer must not dismiss an employee, or otherwise prejudice\nan employee in the employee’s employment, because an earnings\nredirection order authorising redirection of the employee’s earnings\nhas been made.\n","sortOrder":673},{"sectionNumber":"2369","sectionType":"section","heading":"Earnings redirection order—procedure if order not","content":"2369 Earnings redirection order—procedure if order not\ncomplied with\n(1) If the enforcement creditor considers that an earnings redirection\norder has not been complied with, the court may, on application by\nthe enforcement creditor, hear and decide any question about the\nliability of the enforcement debtor’s employer to pay the earnings to\nwhich the order applies.\n\nRule 2400\n(2) If the court is satisfied that the employer is liable to pay the earnings,\nthe court may make an order against the employer in favour of the\nenforcement creditor for the lesser of—\n(a) the amount of earnings that has not been paid to the enforcement\ncreditor as required by the earnings redirection order; and\n(b) the unpaid amount of the order debt.\n(3) The court may refuse to make an order under subrule (2) if it\nconsiders the order should not be made because of the smallness of\neither of the amounts mentioned in subrule (2) (a) or (b).\n(4) As between the employer and the enforcement debtor, an amount paid\nto the enforcement creditor by the employer under an order under this\nrule is taken to have been paid by the employer to the enforcement\nDivision 2.18.9 Enforcement of money orders—\ncharging orders\n2400 Application—div 2.18.9\n2401 Charging order—making\norder of the court, the court may make an order (a charging order)\nimposing a charge over all or part of the enforcement debtor’s\nequitable interest in any property or legal or equitable interest in 1 or\nmore of the following (each of which is a security interest):\n(a) annuities;\n(b) debentures;\n(c) stocks;\n(d) bonds;\n\nRule 2402\n(e) shares;\n(f) marketable securities;\n(g) interests in a managed investment scheme;\n(h) units of—\n(i) shares; or\n(ii) marketable securities;\n(i) money on deposit in a financial institution that is held—\n(i) in the enforcement debtor’s name in the enforcement\ndebtor’s own right; or\n(ii) in someone else’s name on trust for the enforcement\n(2) A charging order operates, in relation to each security interest stated\nin the order—\n(a) to charge the security interest in favour of the enforcement\ncreditor to the extent necessary to satisfy the order debt; and\n(b) to restrain the chargee from dealing with the security interest\notherwise than in accordance with the directions of the\n","sortOrder":674},{"sectionNumber":"2402","sectionType":"section","heading":"Charging order—application","content":"2402 Charging order—application\n(1) An application for a charging order is made by filing in the court—\nNote See approved form 2.69 (Charging order) AF2006-314.\n\nRule 2402\n(j) the security interest or interests to be charged by the order being\nsought; and\n(k) any other information necessary for the order being sought.\n(5) The draft order and affidavit need not be served on anyone unless the\nfor a charging order must be dealt with without a hearing and in the\nabsence of the parties.\n\nRule 2403\n","sortOrder":675},{"sectionNumber":"2403","sectionType":"section","heading":"Charging order—effect","content":"2403 Charging order—effect\n(1) A charging order takes effect when it is made.\n(2) However, to have effect on the enforcement debtor, a charging order\nmust be served on the enforcement debtor.\n(3) A charging order entitles the enforcement creditor to the same\nremedies as the enforcement creditor would have had if the charge\nimposed by the order had been made in the enforcement creditor’s\nfavour by the enforcement debtor.\n(4) However, unless the court otherwise orders, the enforcement creditor\nmust not start a proceeding to obtain a remedy in relation to property\ncharged by the charging order until—\n(a) a sealed copy of the charging order is served on the enforcement\ndebtor and the person who issued or administers the property;\nand\n(b) 1 month has passed since the day the order was served, or the\nlater of the days the order was served, as required by\nparagraph (a).\n","sortOrder":676},{"sectionNumber":"2404","sectionType":"section","heading":"Charging order—enforcement debtor dealing with","content":"2404 Charging order—enforcement debtor dealing with\ncharged property\n(1) After being served with a charging order in relation to property, the\nenforcement debtor must not sell, transfer or otherwise deal with the\nproperty otherwise than in accordance with the directions of the court\nor the enforcement creditor.\n(2) Any sale, transfer or other dealing by the enforcement debtor in\ncontravention of subrule (1) is of no effect against the enforcement\ncreditor.\n\nRule 2405\n(3) The court may set aside or restrain the sale, transfer or other dealing\nunless to do so would prejudice the rights or interests of a genuine\npurchaser or chargee without notice.\n","sortOrder":677},{"sectionNumber":"2405","sectionType":"section","heading":"Charging order—issuer etc dealing with charged property","content":"2405 Charging order—issuer etc dealing with charged property\n(a) a person who issued or administers charged property and has\nbeen served with a charging order in relation to the property; and\n(b) anyone else who has notice of a charging order in relation to\n(2) The person must not sell, transfer or otherwise deal with the property\notherwise than in accordance with the directions of the court or the\n(3) If the person deals with the property in contravention of subrule (2),\nthe person is liable to the enforcement creditor for whichever is the\nsmaller of—\n(a) the value or amount of the charged property sold, transferred or\notherwise dealt with; and\n(b) the order debt.\n","sortOrder":678},{"sectionNumber":"2406","sectionType":"section","heading":"Charging order—application to enforce charge","content":"2406 Charging order—application to enforce charge\nAn application to enforce a charge imposed under a charging order\nmust be made in the proceeding in which the order is made.\n","sortOrder":679},{"sectionNumber":"2407","sectionType":"section","heading":"Charging order—procedure against partnership property","content":"2407 Charging order—procedure against partnership property\nfor partner’s separate order debt\n(1) This rule applies if the enforcement debtor in relation to an\nenforceable money order of the court is a partner in a partnership.\n\nRule 2407\n(2) On application by the enforcement creditor, the court may—\n(a) make an order charging the interest of the partner in the\npartnership property and profits of the partnership with payment\nof the amount of the order debt (including interest); and\n(b) by that order or another order—\n(i) appoint a receiver of the partner’s share of the profits\n(whether already declared or accruing) of the partnership\nand of any other amount that may be coming to the partner\nin relation to the partnership; and\n(ii) make any order or give any direction that might have been\nmade or given if the charge had been made in favour of the\nenforcement creditor by the partner or that the\ncircumstances require.\n(3) The application must be served on the enforcement debtor and the\npartners of the partnership.\n(4) For this rule, service on each partner who lives in the ACT is\nsufficient service on any partner who lives outside the ACT.\n(5) If the interest of a partner in partnership property and profits of the\npartnership is charged under subrule (2), the other partners in the\npartnership may—\n(a) at any time, redeem the interest charged; or\n(b) if a sale of the interest is directed—buy the interest.\n(6) This rule does not apply in relation to an incorporated limited\npartnership.\n\nDivision 2.18.10 Enforcement of money orders—amounts in court and stop orders\nRule 2420\nDivision 2.18.10 Enforcement of money orders—\namounts in court and stop orders\n2420 Enforcement orders—amounts in court\n(1) This rule applies if the enforcement debtor for a money order is\nentitled, in the enforcement debtor’s own right, to an amount, security\nor bond in court standing to the enforcement debtor’s credit in another\nproceeding in the court.\n(2) On application by the enforcement creditor, the court may order that\nthe amount, security or bond be applied towards satisfying the order\n(3) The application must be made in the proceeding in which the money\norder is being enforced.\n(4) An amount, security or bond in court standing to the credit of an\nenforcement debtor must not be paid out if an application in relation\nto the amount, security or bond has been made under this rule and not\nheard.\n","sortOrder":680},{"sectionNumber":"2421","sectionType":"section","heading":"Enforcement orders—stop orders","content":"2421 Enforcement orders—stop orders\n(1) This rule applies if a person claims an interest (including an interest\nunder a charge) in any amount, security or bond in court that has been\nmortgaged, charged or assigned.\n(2) On application by the person, the court may make an order (a stop\norder) preventing payment, delivery or transfer of the amount,\nsecurity or bond without notice to the applicant.\n(3) The application must be made in the proceeding in which the amount,\nsecurity or bond stands in court.\n(4) The application must be accompanied by an affidavit in support of\n\nEnforcement of money orders—receivers Division 2.18.11\nRule 2430\n(5) The affidavit must include information sufficient to identify the\nproceeding mentioned in subrule (3).\n(6) A copy of the application must be served on anyone who appears to\nhave an interest in the amount, security or bond.\n(7) An amount, security or bond in court must not be paid, delivered or\ntransferred if an application in relation to the amount, security or bond\nhas been made under this rule and not heard.\nDivision 2.18.11 Enforcement of money orders—\nreceivers\n2430 Application—div 2.18.11\n2431 Receiver—appointment\norder of the court, the court may appoint a receiver to receive an\namount payable under the order if it is impracticable to enforce\npayment in another way.\n(2) A receiver may be appointed even though no other proceeding has\nbeen taken for enforcement of the money order.\n","sortOrder":681},{"sectionNumber":"2432","sectionType":"section","heading":"Receiver—application for appointment","content":"2432 Receiver—application for appointment\n(1) An application for an order appointing a receiver must be\naccompanied by—\nappointing a receiver.\n\nDivision 2.18.11 Enforcement of money orders—receivers\nRule 2433\n","sortOrder":682},{"sectionNumber":"2433","sectionType":"section","heading":"Receiver—relevant considerations for appointment","content":"2433 Receiver—relevant considerations for appointment\n(1) In deciding whether to make an order appointing a receiver, the court\nmust have regard to—\n(a) the amount of the order debt; and\n(b) the amount likely to be obtained by the receiver; and\n(c) the probable costs of appointing and remunerating a receiver.\n\nRule 2434\n(2) In deciding whether to make an order appointing a receiver, the court\nmay direct the holding of an enforcement hearing or other inquiry\nabout a matter mentioned in subrule (1) or anything else the court\nconsiders relevant.\n","sortOrder":683},{"sectionNumber":"2434","sectionType":"section","heading":"Receiver—powers","content":"2434 Receiver—powers\nThe powers of a receiver appointed under this division operate to the\nexclusion of the enforcement debtor’s powers for the duration of the\nreceiver’s appointment.\n2435 Receiver—general provisions apply\nDivision 2.9.5 (Receivers) applies, with any necessary changes, to a\nreceivers appointed to enforce an enforceable money order of the\nDivision 2.18.12 Enforcement of non-money orders—\ngeneral\n2440 Enforcement—orders for possession of land\n(1) An order of the Supreme Court for possession of land (the original\norder) may be enforced by 1 or more of the following:\n(a) an order for delivery of possession of land;\nNote For provisions about orders for delivery of possession of land, see\ndiv 2.18.13.\n(b) for an order to which rule 2442 (Enforcement—orders to do or\nnot do act) applies—\n(i) punishment for contempt of the person liable under the\noriginal order; or\n\nRule 2441\nperson liable under the original order.\nNote For provisions about orders for seizure and detention of\nproperty, see div 2.18.15.\n(2) Subrule (1) (b) is subject to rule 2446 (Enforcement by contempt or\n","sortOrder":684},{"sectionNumber":"2441","sectionType":"section","heading":"Enforcement—orders for return of goods etc","content":"2441 Enforcement—orders for return of goods etc\n(1) An order for the return of goods, or for the return of goods or the\npayment of their value, (the original order) may be enforced by 1 or\nmore of the following:\n(a) an order for seizure and delivery of goods;\nNote For provisions about orders for seizure and delivery of goods, see\ndiv 2.18.14.\n(b) for an order to which rule 2442 (Enforcement—orders to do or\nnot do act) applies—\n(i) punishment for contempt of the person liable under the\noriginal order; or\nperson liable under the original order.\nNote For provisions about orders for seizure and detention of\nproperty, see div 2.18.15.\n(2) Subrule (1) (b) is subject to rule 2446 (Enforcement by contempt or\n(3) An order for the payment of the value of goods may be enforced as if\nit were a money order.\n\nRule 2442\n","sortOrder":685},{"sectionNumber":"2442","sectionType":"section","heading":"Enforcement—orders to do or not do an act","content":"2442 Enforcement—orders to do or not do an act\n(1) This rule applies to an order (the original order) if—\n(a) the order is a non-money order that requires a person—\n(i) to do an act within a stated time; or\n(ii) not to do an act; and\n(b) the person contravenes the order.\n(2) The original order may be enforced in 1 or more of the following\nways:\n(a) punishment for contempt of the person liable under the original\norder;\n(b) an order for seizure and detention of property against the person\nliable under the original order;\nNote For provisions about orders for seizure and detention of property,\nsee div 2.18.15.\n(c) if the person liable under the original order is a corporation—\nwithout limiting paragraphs (a) and (b), the following:\n(i) punishment for contempt of any senior officer of the\n(3) Subrule (2) is subject to rule 2446 (Enforcement by contempt or\n(4) Also, if the original order is an order to do an act, the court may—\n(a) appoint someone else to do the act; and\n(b) order the person liable under the original order to pay the costs\nand expenses caused by the failure to do the act.\n\nRule 2443\n(5) Subrule (4) does not affect the court’s power to—\n(a) appoint a person to execute a document by order of the court; or\n(b) punish for contempt.\n","sortOrder":686},{"sectionNumber":"2443","sectionType":"section","heading":"Enforcement—undertakings","content":"2443 Enforcement—undertakings\n(1) An undertaking to the court, other than for the payment of money,\nmay be enforced in 1 or more of the following ways:\n(a) punishment for contempt of the person liable under the\nundertaking;\n(b) an order for seizure and detention of property against the person\nliable under the undertaking;\nNote For provisions about orders for seizure and detention of property,\nsee div 2.18.15.\n(c) if the person liable under the undertaking is a corporation—\nwithout limiting paragraphs (a) and (b), the following:\n(i) punishment for contempt of any senior officer of the\n(2) Also, if the undertaking is an undertaking to do an act, the court\nmay—\n(a) appoint someone else to do the act; or\n(b) order the person liable under the undertaking to pay the costs\nand expenses caused by the failure to do the act.\n(3) An undertaking for the payment of money may be enforced as if it\nwere a money order.\n\nRule 2444\n(4) If a party is in breach of an undertaking, another party may apply for\ncompensation to the court in the proceeding in which the undertaking\nwas given.\ncompensation under this rule.\n(5) If the court decides that—\n(a) a party is in breach of an undertaking; and\n(b) another party has sustained a loss because of the breach; and\n(c) the party in breach should pay the other party compensation for\nthe loss;\nthe court may make an order against the party in breach for the\namount the court decides should be paid.\n","sortOrder":687},{"sectionNumber":"2444","sectionType":"section","heading":"Enforcement—failure of individual to comply with","content":"2444 Enforcement—failure of individual to comply with\nsubpoena etc\n(1) This rule applies if an individual fails to comply with—\n(b) a notice for non-party production; or\n(c) an order requiring attendance to give evidence or produce a\n(ii) an officer, examiner, referee or anyone else who has\nauthority to take evidence for the court.\n(a) the arrest of the individual; and\n(b) the production of the individual as required by the subpoena,\nnotice or order for the purpose of the proceeding; and\n\nRule 2445\n(c) the detention in custody of the individual until released by the\napplication), an application for an order under this rule may be made\norally, unless the court otherwise orders on its own initiative.\n(4) The court may order an individual who did not attend as required by\nthe individual did not comply with the subpoena or order.\n(5) This rule does not limit any other power of the court.\n(6) For the Magistrates Court Act 1930, section 73A, that Act,\nperson for whom a warrant has been issued by the Magistrates Court\n","sortOrder":688},{"sectionNumber":"2445","sectionType":"section","heading":"Enforcement—failure of corporation to comply with","content":"2445 Enforcement—failure of corporation to comply with\nsubpoena etc\n(1) This rule applies if a corporation fails to comply with—\n(b) a notice for non-party production; or\n(c) an order requiring attendance to give evidence or produce a\n(ii) an officer, examiner, referee or anyone else who has\nauthority to take evidence for the court.\n\nRule 2446\n(a) the arrest of a named senior officer of the corporation; and\n(b) the production of the senior officer as required by the subpoena,\nnotice or order for the purpose of the proceeding; and\n(c) the detention in custody of the senior officer until released by\n(3) The court may order a corporation that did not attend as required by\nthe corporation did not comply with the subpoena or order.\n(5) For the Magistrates Court Act 1930, section 73A, that Act,\nperson for whom a warrant has been issued by the Magistrates Court\n","sortOrder":689},{"sectionNumber":"2446","sectionType":"section","heading":"Enforcement by contempt or seizing and detaining","content":"2446 Enforcement by contempt or seizing and detaining\nproperty—preconditions\n(1) Unless the court otherwise orders, a non-money order (the original\norder) may be enforced by a contempt proceeding or an order for\nseizure and detention of property only if—\n(a) the person against whom the original order is to be enforced is\nserved personally with a sealed copy of the original order; and\n(b) if the original order requires a person to do an act within a time\nstated in the order—the order is served a reasonable time before\nthe end of the time stated in the order; and\n\nDivision 2.18.13 Enforcement of non-money orders—orders for delivery of possession of\nland\nRule 2450\n(c) the sealed copy of the original order is endorsed with a notice\nthat states that the person served may be liable to imprisonment\nor seizure and detention of property if—\n(i) the original order requires the person to do something\nwithin a fixed time, and the person fails to do it; or\n(ii) the original order requires the person not to do something,\nand the person does it.\n(2) This rule does not apply to a non-money order requiring a person to\ndo an act within a stated time, or requiring a person not to do an act,\nif the person has notice of the order because—\n(a) the person was present when the order was made; or\n(b) the person was told about the terms of the order by telephone or\nin another way a reasonable time before the end of the time for\ndoing the act or before the time when the prohibited act was\ndone.\nDivision 2.18.13 Enforcement of non-money orders—\norders for delivery of possession of\nland\n","sortOrder":690},{"sectionNumber":"2450","sectionType":"section","heading":"Application—div 2.18.13","content":"2450 Application—div 2.18.13\n","sortOrder":691},{"sectionNumber":"2451","sectionType":"section","heading":"Order for delivery of possession of land—making","content":"2451 Order for delivery of possession of land—making\n(1) On application by the person in whose favour an order for possession\nof land (the original order) is made, the court may make an order (an\norder for delivery of possession of land) authorising an enforcement\nofficer to enter on the land described in the order and deliver\npossession of the land and appurtenances to the person.\nNote 1 Appurtenances are things that belong to an estate in the land eg houses,\nother buildings and gardens.\n\nEnforcement of non-money orders—orders for delivery of possession of\nland\nDivision 2.18.13\nRule 2451\nNote 2 See approved form 2.70 (Order for delivery of possession of land)\nAF2006-315.\n(2) The application is made by filing in the court—\n(3) The affidavit in support must state—\n(a) the date a sealed copy of the original order, and the notice in\ndebtor or other person liable to comply with the order; and\n(b) that the original order has not been complied with; and\n(c) whether to the best of the applicant’s knowledge a person other\nthan the person liable under the original order is in possession\nof the land or part of it and, if so, how the person is in possession;\nand\n(d) how rule 2452 has been complied with; and\n(e) any other information necessary for the order being sought.\n(4) The affidavit may contain statements of information and belief if the\napplicant states the sources of the information and the reasons for the\nbelief.\n(5) The affidavit must be sworn not earlier than 2 days before the day the\n(7) The draft order and supporting affidavit need not be served on anyone\n(8) Unless the court otherwise orders on its own initiative, an application\n\nDivision 2.18.14 Enforcement of non-money orders—orders for seizure and delivery of\nRule 2452\n","sortOrder":692},{"sectionNumber":"2452","sectionType":"section","heading":"Orders for delivery of possession of land—preconditions","content":"2452 Orders for delivery of possession of land—preconditions\n(1) An order for possession of land (the original order) may be enforced\nby an order for delivery of possession of land only if the person\nagainst whom the original order is to be enforced is served with a\ncopy of the original order at least 7 days before the order for delivery\nof possession of land is made.\n(2) If a person other than the person against whom the original order is\nmade is in possession of the land or part of it, an order for delivery of\npossession of land may be made only if the court gives leave.\nDivision 2.18.14 Enforcement of non-money orders—\norders for seizure and delivery of\n","sortOrder":693},{"sectionNumber":"2460","sectionType":"section","heading":"Order for seizure and delivery of goods—making","content":"2460 Order for seizure and delivery of goods—making\n(1) If an order for the return of goods (the original order) does not give\nthe person against whom the original order is made the option of\nretaining the goods and paying their value, the court may, on\napplication by the person in whose favour the original order was\nmade, make an order (an order for seizure and delivery of goods)\nauthorising an enforcement officer to seize the goods and deliver\nthem to the person who is entitled to them under the original order.\nNote See approved form 2.71 (Order for seizure and delivery of goods)\nAF2006-316.\n(a) the original order gives the person against whom the original\norder is made the option of retaining the goods and paying their\nvalue; and\n\nEnforcement of non-money orders—orders for seizure and delivery of\nDivision 2.18.14\nRule 2460\n(b) the person does not exercise the option;\nthe court may, on application by the person in whose favour the\noriginal order was made, make an order for seizure and delivery of\ngoods.\n(3) An application under this rule is made by filing in the court—\n(5) The draft order and supporting affidavit need not be served on anyone\n(7) An order for seizure and delivery of goods may include provision for\nenforcing the payment of an amount required by the order to be paid.\n(8) If—\n(a) the original order gives the person against whom the original\norder is made the option of retaining the goods and paying their\nvalue; and\n(b) the person exercises the option;\nthe original order may be enforced in the same way as a money order.\n\nDivision 2.18.15 Enforcement of non-money orders—orders for seizure and detention of\nRule 2470\nDivision 2.18.15 Enforcement of non-money orders—\norders for seizure and detention of\n2470 Order for seizure and detention of property—making\nThe court may make an order (an order for seizure and detention of\nproperty) authorising an enforcement officer to seize and detain all\nreal and personal property (other than exempt property) in which the\nperson liable to comply with a non-money order has a legal or\nbeneficial interest.\n","sortOrder":694},{"sectionNumber":"2471","sectionType":"section","heading":"Order for seizure and detention of property—","content":"2471 Order for seizure and detention of property—\npreconditions\nThe court may make an order for seizure and detention of property\nonly if the non-money order being enforced stated a time for\ncompliance and the time has passed.\n","sortOrder":695},{"sectionNumber":"2472","sectionType":"section","heading":"Order for seizure and detention of property—against","content":"2472 Order for seizure and detention of property—against\nofficer of corporation\n(1) This rule applies if, to enforce a non-money order with which a\ncorporation must comply, a person applies for an order for seizure\nand detention or property against a senior officer of the corporation.\n(2) A stamped copy of the application and of each affidavit in support\nmust be served on the officer.\n\nRule 2473\n","sortOrder":696},{"sectionNumber":"2473","sectionType":"section","heading":"Order for seizure and detention of property—return of","content":"2473 Order for seizure and detention of property—return of\nseized property\nIf the person against whom an order for seizure and detention of\nproperty was made complies or is released from complying with the\norder, the court may order that the property, after deduction of the\ncosts of enforcement, be returned to the person.\n","sortOrder":697},{"sectionNumber":"2500","sectionType":"section","heading":"Contempt—application of div 2.18.16","content":"2500 Contempt—application of div 2.18.16\nThis division applies to the following contempts:\n(a) contempt for contravention of an order of the court or an\nundertaking given to the court;\n(b) contempt committed in the face or in the hearing of the court;\n(c) any other contempt of the court;\n(d) contempt of the Australian Crime Commission under the\nAustralian Crime Commission Act 2002 (Cwlth), section 34A;\n(e) contempt of the ACT Integrity Commission under the Integrity\nCommission Act 2018, section 166.\n","sortOrder":698},{"sectionNumber":"2501","sectionType":"section","heading":"Contempt—applications generally","content":"2501 Contempt—applications generally\n(1) A person applying for punishment of a person (the respondent) for\ncontempt must make an application to the court stating the alleged\ncontempt.\n(2) The application may be made—\n(a) in the proceeding in which the contempt was committed; or\nNote Pt 6.2 (Applications in proceedings) applies to an application under\nthis paragraph.\n\nRule 2502\n(b) by originating application.\nNote Div 2.2.3 (Originating applications) contains provisions about the\ncontents of originating applications, the filing and service of\noriginating applications, etc.\n(3) The application must set out particulars of the contempt.\n(4) The application and any affidavit in support of it must be served on\nthe respondent personally.\n(5) An affidavit in support of or opposing the application must not\ncontain evidence that the person making it could not give if giving\nevidence orally.\n","sortOrder":699},{"sectionNumber":"2502","sectionType":"section","heading":"Contempt—application by registrar","content":"2502 Contempt—application by registrar\nThe court may, by order, direct the registrar to apply to the court for\na person to be punished for contempt.\n","sortOrder":700},{"sectionNumber":"2502A","sectionType":"section","heading":"Contempt of the Australian Crime Commission","content":"2502A Contempt of the Australian Crime Commission\n(1) An application for contempt of the Australian Crime Commission by\na person (the respondent) must be made by originating application.\nNote 1 The Australian Crime Commission Act 2002 (Cwlth), s 34B sets out the\ndocuments that must accompany the application.\nNote 2 Div 2.2.3 (Originating applications) contains provisions about the\ncontents of originating applications, the filing and service of originating\n(2) The application must state whether or not the respondent has been\ndetained to be brought before the court.\n(3) If an application under this rule is discontinued, the applicant must\nfile and serve on the respondent a notice of discontinuance.\nNote See div 2.11.6 (Discontinuance and withdrawal)\n\nRule 2502B\n","sortOrder":701},{"sectionNumber":"2502B","sectionType":"section","heading":"Contempt of the ACT Integrity Commission","content":"2502B Contempt of the ACT Integrity Commission\n(1) An application for contempt of the ACT Integrity Commission by a\nperson (the respondent) must be made by originating application.\nNote 1 The Integrity Commission Act 2018, s 167 sets out the documents that\nmust accompany the application.\nNote 2 Div 2.2.3 (Originating applications) contains provisions about the\ncontents of originating applications, the filing and service of originating\n(2) If an application under this rule is discontinued, the applicant must\nfile and serve on the respondent a notice of discontinuance.\nNote See div 2.11.6 (Discontinuance and withdrawal).\n","sortOrder":702},{"sectionNumber":"2503","sectionType":"section","heading":"Contempt—arrest warrant if respondent likely to abscond","content":"2503 Contempt—arrest warrant if respondent likely to abscond\netc\n(a) an application for punishment of a person for contempt has been\nfiled in the court; and\n(b) the court considers that the person is likely to abscond or\notherwise withdraw from the court’s jurisdiction.\n(2) The court may issue a warrant for the person’s arrest and detention in\ncustody until the court hears the charge unless the person gives\nsecurity satisfactory to the court for the person’s appearance in court\nin person to answer the charge and to submit to the court’s decision.\nNote See approved form 2.72 (Warrant for arrest for contempt of person likely\nto abscond) AF2007-64.\n","sortOrder":703},{"sectionNumber":"2504","sectionType":"section","heading":"Contempt in face or hearing of court—alternative","content":"2504 Contempt in face or hearing of court—alternative\n(1) For a contempt committed in the face of, or in the hearing of, the\ncourt, the procedure under this rule is an alternative to the procedure\nunder rule 2501 (Contempt—applications generally).\n\nRule 2505\n(2) If it is alleged or it appears to the court that a person is guilty of\ncontempt of court committed in the face of, or in the hearing of, the\ncourt, the court may—\n(a) by oral order direct the person to be brought before the court; or\n(b) issue a warrant for the person’s arrest.\n(3) Pending disposal of the charge of contempt, the court may direct that\nthe person be kept in the custody the court directs or be released.\n(4) Without limiting subrule (3), the court may release the person on\nconditions, including, for example, a condition that security be given\nto secure the person’s attendance to answer the charge and that the\nsecurity be forfeited if the person fails to attend.\n(5) If the person is brought before the court, the court must—\n(a) tell the person orally of the contempt charged; and\n(b) ask the person to show cause why punishment should not be\nimposed for contempt of court; and\n(c) after hearing the person, decide the matter in the way it considers\nappropriate; and\n(d) make an order for the person’s punishment or discharge.\n","sortOrder":704},{"sectionNumber":"2505","sectionType":"section","heading":"Contempt—arrest warrant","content":"2505 Contempt—arrest warrant\n(1) A warrant for the arrest and detention, or the arrest, of a person (the\nrespondent) under this division must be—\n(a) addressed to an enforcement officer; and\n(b) signed by a judicial officer of the court.\n(2) Pending the court’s decision, if the respondent is arrested under a\nwarrant, the respondent must be held in a correctional centre or in any\nother custody that is satisfactory to the enforcement officer.\n\nRule 2506\n(3) The enforcement officer may ask a police officer to help in the\nexercise of the enforcement officer’s powers under the warrant.\n(4) The police officer must give the enforcement officer the reasonable\nhelp the enforcement officer requires, if it is practicable to give the\nhelp.\n(5) The enforcement officer or a police officer may deliver the\nrespondent to the person in charge of any correctional centre and the\nperson must receive and keep the respondent in custody until the court\nor the enforcement officer otherwise directs.\n","sortOrder":705},{"sectionNumber":"2506","sectionType":"section","heading":"Contempt—punishment","content":"2506 Contempt—punishment\n(1) This rule applies if the court decides that a person has committed a\ncontempt.\n(2) If the person is an individual, the court may punish the individual by\nmaking an order that may be made under the Crimes (Sentencing)\nAct 2005.\n(3) If the person is a corporation, the court may punish the corporation\nby seizing corporation property or a fine or both.\n(4) Without limiting subrule (2), the court may make an order for\npunishment on conditions, including, for example, a suspension of\npunishment during good behaviour, with or without the respondent\ngiving security satisfactory to the court for good behaviour.\n(5) Without limiting subrule (2), if the person is imprisoned for a term,\nthe court may order the person’s release from imprisonment before\nthe end of the term.\n","sortOrder":706},{"sectionNumber":"2507","sectionType":"section","heading":"Contempt—costs","content":"2507 Contempt—costs\nThe costs of a proceeding for punishment for contempt are in the\ncourt’s discretion whether or not a specific punishment is imposed.\n\nRule 2550\nDivision 2.18.17 Enforcement—arrest warrants for\nabsconding defendants\n2550 Application—div 2.18.17\n2551 Meaning of plaintiff and defendant—div 2.18.17\nFor a proceeding in relation to an enforceable money order of the\n(a) a reference in this division to the plaintiff is a reference to the\nenforcement creditor; and\n(b) a reference in this division to the defendant is a reference to the\n","sortOrder":707},{"sectionNumber":"2552","sectionType":"section","heading":"Arrest warrant for defendant—application","content":"2552 Arrest warrant for defendant—application\nAn application for an arrest warrant under this division need not be\nNote Pt 6.2 (Applications in proceedings) applies to an application for an arrest\nwarrant.\n","sortOrder":708},{"sectionNumber":"2553","sectionType":"section","heading":"Arrest warrant for defendant—issue","content":"2553 Arrest warrant for defendant—issue\n(1) The court may issue a warrant for the arrest of a defendant under this\ndivision only if satisfied that—\n(a) the defendant has absconded or is about to abscond; and\n(b) the absence of the defendant would materially prejudice the\nplaintiff in prosecuting a proceeding or enforcing any order that\nmay be given.\n\nRule 2554\n(2) The court may issue the warrant at any time, for example, before the\ndefendant has been served with the originating process or before\n(3) The warrant must state—\n(a) the name of the defendant; and\n(b) the date the warrant ends.\n(4) The date stated under subrule (3) (b) must be not later than 2 months\nafter the day the warrant is issued.\n(5) The court may fix an amount to be stated in the warrant entitling the\ndefendant to be released.\n(6) In fixing the amount, the court may have regard to anything it\nconsiders relevant, including the following:\n(a) the amount (if any) of the plaintiff’s claim;\n(b) the costs of issuing the warrant;\n(c) an estimate of the costs of executing the warrant.\n","sortOrder":709},{"sectionNumber":"2554","sectionType":"section","heading":"Arrest warrant for defendant—enforcement","content":"2554 Arrest warrant for defendant—enforcement\n(1) The registrar must give a warrant under this division for the arrest of\na defendant to an enforcement officer to be enforced.\n(2) The warrant may be enforced by the enforcement officer or an\nappropriately qualified person authorised in writing by the\nenforcement officer.\n(3) Receipt of a faxed or emailed copy of a warrant is sufficient authority\nfor the enforcement officer or someone else to enforce the warrant.\n\nRule 2555\nappropriately qualified, for a person who may be authorised to\nenforce a warrant, includes having the qualifications, experience or\nstanding appropriate to enforce the warrant.\n1 an enforcement officer of another court\n2 a police officer\n","sortOrder":710},{"sectionNumber":"2555","sectionType":"section","heading":"Arrest warrant for defendant—costs of enforcement","content":"2555 Arrest warrant for defendant—costs of enforcement\n(1) Unless the court otherwise orders—\n(a) the plaintiff is liable to pay to the enforcement officer the costs\nthe enforcement officer considers appropriate for enforcing a\nwarrant under this division for the arrest of a defendant; and\n(b) the enforcement officer may, as a condition of enforcing the\nwarrant, require the plaintiff to give security, for the amount and\nin the form the enforcement officer considers appropriate, for\nthe costs to be incurred by the enforcement officer in enforcing\nthe warrant.\n(2) The enforcement officer may refuse to execute a warrant if the\nplaintiff fails to comply with a reasonable requirement by the\nenforcement officer under subrule (1) (b).\n","sortOrder":711},{"sectionNumber":"2556","sectionType":"section","heading":"Arrest warrant for defendant—service of warrant and","content":"2556 Arrest warrant for defendant—service of warrant and\nclaim\nA person who enforces a warrant under this division for the arrest of\na defendant must, as soon as practicable after enforcing it, serve the\ndefendant with—\n(a) a copy of the warrant; and\n\nRule 2557\n(b) if the defendant has not been served with the originating process\nfor which the warrant was issued—a sealed copy of the\n","sortOrder":712},{"sectionNumber":"2557","sectionType":"section","heading":"Arrest warrant for defendant—record of enforcement","content":"2557 Arrest warrant for defendant—record of enforcement\nA person who enforces a warrant for the arrest of a defendant must\nwrite on the warrant the time and place of enforcement.\n","sortOrder":713},{"sectionNumber":"2558","sectionType":"section","heading":"Arrest warrant for defendant—procedure after arrest","content":"2558 Arrest warrant for defendant—procedure after arrest\n(1) A person who enforces a warrant for the arrest of a defendant must,\nas soon as practicable after enforcing it, take the defendant to the\nnearest correctional centre.\n(2) The person in charge of the correctional centre must hold the\ndefendant in custody and, within 24 hours after the person comes into\ncustody at the correctional centre or as soon as practicable after that\ntime, bring the defendant before the court.\n(3) A warrant on which the time and place of enforcement is written is\nsufficient authority for the officer in charge of the correctional centre\nto hold the defendant in custody.\n","sortOrder":714},{"sectionNumber":"2559","sectionType":"section","heading":"Arrest warrant for defendant—release of defendant","content":"2559 Arrest warrant for defendant—release of defendant\n(1) The person in charge of the correctional centre where the defendant\nis in custody must release the defendant if—\n(a) the court orders that the defendant be released; or\n(b) the plaintiff gives the enforcement officer a written consent to\nthe defendant’s release; or\n(c) the warrant states an amount fixed by the court the payment of\nwhich entitles the defendant to be released and the defendant\npays the amount into court or secures payment of the amount in\na way that the plaintiff or enforcement officer considers\nsatisfactory.\n\nRule 2560\n(2) An amount paid into court or security given under subrule (1) (c) may\nbe paid out or released only in accordance with an order of the court.\n","sortOrder":715},{"sectionNumber":"2560","sectionType":"section","heading":"Arrest warrant for defendant—court powers","content":"2560 Arrest warrant for defendant—court powers\n(1) The court must, on its own initiative, order that the defendant be\nreleased from custody unless satisfied that failure to detain the\ndefendant would materially prejudice the plaintiff in prosecuting the\nproceeding or enforcing any order that may be made.\n(2) If the court is satisfied that failure to detain the defendant would\nmaterially prejudice the plaintiff in prosecuting the proceeding or\nenforcing any order that may be made, the court may, on application\nby the plaintiff or defendant—\n(a) order that the defendant be released unconditionally from\ncustody; or\n(b) order that the defendant be released from custody subject to 1 or\nmore of the following conditions:\n(i) that the defendant undertake not to leave Australia until an\namount stated by the court is paid to the plaintiff, or into\ncourt, as the court directs;\n(ii) that the defendant surrender the defendant’s passport to the\nregistrar;\n(iii) that the defendant give security, either with or without\nsurety, for the payment of an amount stated by the court;\n(iv) that the defendant pay a stated amount to the plaintiff;\n(v) that the defendant pay a stated amount into court to await\nfurther consideration by the court; or\n\nRule 2561\n(c) order that the defendant be detained in custody for the period the\ncourt considers appropriate or until the defendant complies with\nany condition stated by the court.\n(3) If the court makes an order under subrule (2), it may, by order,\nexpedite the trial of the proceeding under rule 1311 (Expedited trial)\nand give any direction it considers appropriate for the conduct of the\n(4) The court may make an order, or give a direction, under subrule (3)\non application by the plaintiff or defendant or on its own initiative.\n(5) Without limiting rule 6016 (Application in proceeding—oral\napplication), an application for an order or direction under this rule\nmay be made orally, unless the court otherwise orders on application\nby the plaintiff or defendant or on its own initiative.\n","sortOrder":716},{"sectionNumber":"2561","sectionType":"section","heading":"Arrest warrant for defendant—failure to comply with","content":"2561 Arrest warrant for defendant—failure to comply with\nconditions\n(1) The enforcement officer or a surety may, without a warrant, arrest a\ndefendant who has been conditionally released from custody by the\ncourt under rule 2560 if the enforcement officer or surety, on\nreasonable grounds, suspects, that the defendant has failed or will fail\nto comply with a condition of the defendant’s release.\n(2) The enforcement officer or a surety may ask a police officer to help\nin the exercise of the enforcement officer’s or surety’s power under\nsubrule (1).\n(3) The police officer must give the enforcement officer or surety the\nreasonable help the enforcement officer or surety requires, if it is\npracticable to give the help.\n\nRule 2562\n(4) If the defendant is arrested under subrule (1) by the enforcement\nofficer or a police officer, the enforcement officer or police officer\nmust, as soon as practicable after the arrest, take the defendant to the\nnearest correctional centre.\n(5) If the defendant is arrested under subrule (1) by a surety, the surety\nmust, as soon as practicable after the arrest, take the defendant to an\nenforcement officer or a police officer who must take the defendant\nto the nearest correctional centre as soon as practicable.\n(6) The person in charge of the correctional centre must hold the\ndefendant in custody and, within 24 hours after the person comes into\ncustody at the correctional centre or as soon as practicable after that\ntime, bring the defendant before the court.\n(7) If the court is satisfied that the defendant has failed to comply or is\nabout to fail to comply with a condition of the defendant’s release,\nthe court may, on application by the plaintiff or defendant—\n(a) set aside the order under which the defendant was released; and\n(b) make any order that it could make under rule 2560 (Arrest\nwarrant for defendant—court powers).\n","sortOrder":717},{"sectionNumber":"2562","sectionType":"section","heading":"Arrest warrant for defendant—review","content":"2562 Arrest warrant for defendant—review\n(1) A defendant may, at any time and from time to time, apply to the court\nfor an order that—\n(a) the warrant be set aside; or\n(b) the defendant be released from custody; or\n(c) an order made under rule 2560 (Arrest warrant for defendant—\ncourt powers) be amended.\n\nRule 2563\n(2) On an application under subrule (1), the court may make any order\nthat it could make under rule 2560.\n","sortOrder":718},{"sectionNumber":"2563","sectionType":"section","heading":"Arrest warrant for defendant—restriction on further","content":"2563 Arrest warrant for defendant—restriction on further\n(a) the court makes an order refusing to issue or set aside a warrant\nunder this division for the arrest of a defendant; or\n(b) the court makes an order that the defendant be released from\ncustody under this division.\n(2) Within the 6-month period starting on the day the order is made, the\nplaintiff may apply for another warrant for the defendant’s arrest in\nrelation to the same cause of action only if the plaintiff produces\nevidence that was not and could not reasonably have been given when\nthe order was made.\n","sortOrder":719},{"sectionNumber":"2564","sectionType":"section","heading":"Arrest warrant for defendant—costs","content":"2564 Arrest warrant for defendant—costs\nOn any application under this division or at the trial or hearing of a\nproceeding, the court may make the order the court considers\nappropriate about costs, including costs payable by the plaintiff under\nrule 2555 (Arrest warrant for defendant—costs of enforcement).\n\nRule 2600\n","sortOrder":720},{"sectionNumber":"2600","sectionType":"section","heading":"Interpleader—application by stakeholder","content":"2600 Interpleader—application by stakeholder\n(a) a person other than an enforcement officer (the stakeholder) is\nunder a liability in relation to a debt or personal property (the\ndisputed property); and\n(b) the stakeholder is, or expects to be, sued by 2 or more people\n(each of whom is a claimant) making adverse claims to the\ndisputed property.\n(2) If the stakeholder is sued by a claimant in a proceeding in the court in\nrelation to the disputed property, the stakeholder may apply to the\ncourt in that proceeding for interpleader relief.\n(3) If subrule (2) does not apply to the stakeholder, the stakeholder may\napply to the court by originating application for interpleader relief and\ninclude each claimant as a defendant.\n(4) An application under this rule for interpleader relief must be\nsupported by an affidavit.\n(5) The affidavit must state that the stakeholder—\n(a) claims no interest in the disputed property, other than for\ncharges or costs; and\n(b) is not in collusion with any claimant; and\n(c) is willing to—\n(i) pay or transfer the disputed property into court; or\n(ii) dispose of the property as the court directs; or\n\nEnforcement officer’s interpleader Division 2.19.2\nRule 2605\n(iii) give security to the value of the property to the court’s\n(6) A sealed or stamped copy of the application and supporting affidavits\nmust be served on each of the claimants.\n(7) If a claimant is not a party to the proceeding, the application and\nsupporting affidavits must be served personally.\n","sortOrder":721},{"sectionNumber":"2605","sectionType":"section","heading":"Interpleader—notice of claim to enforcement officer","content":"2605 Interpleader—notice of claim to enforcement officer\n(a) an enforcement officer seizes or intends to seize personal\nproperty (the disputed property) under an enforcement order;\nand\n(b) a person (the claimant) claims to be entitled to, or to have an\ninterest in, the disputed property or the proceeds of sale of the\ndisputed property.\n(2) The claimant must give notice of the claim to the enforcement officer.\n(3) The notice must—\n(a) state the claimant’s name and give an address for service; and\n(b) identify each item of the disputed property to which the claim\nrelates; and\n(c) state the grounds of the claim.\n","sortOrder":722},{"sectionNumber":"2606","sectionType":"section","heading":"Interpleader—failure to give notice of claim","content":"2606 Interpleader—failure to give notice of claim\n(1) This rule applies if the claimant mentioned in rule 2605 does not give\nnotice of the claim under that rule in relation to the disputed property\nwithin a reasonable time after becoming aware that the enforcement\nofficer has seized or intends to seize the property.\n\nRule 2607\n(2) On application by the enforcement officer, the court may restrain the\nclaimant from starting or continuing a proceeding in the court against\nthe enforcement officer in relation to anything done, or omitted to be\ndone, by the enforcement officer in executing the enforcement order\nafter the time when the claimant might reasonably have given notice\nof the claim.\n(4) If the enforcement officer is sued by the claimant in a proceeding in\nthe court in relation to the disputed property, the enforcement officer\nmay apply to the court for an order under subrule (2) in that\n(5) If subrule (4) does not apply to the enforcement officer, the\nenforcement officer may apply to the court for an order under subrule\n(2) in the proceeding in which the enforcement order was made.\n(6) An application for an order under subrule (2) and supporting\naffidavits must be served on the claimant personally.\n","sortOrder":723},{"sectionNumber":"2607","sectionType":"section","heading":"Interpleader—notice to enforcement creditor","content":"2607 Interpleader—notice to enforcement creditor\n(1) The enforcement officer must serve a copy of the notice under\nrule 2605 on the enforcement creditor not later than 4 days after the\nday the notice is served on the enforcement officer.\n(2) The enforcement creditor may serve a notice on the enforcement\nofficer stating that the claim is admitted.\n(3) If the enforcement creditor admits the claim, the enforcement creditor\nis liable for the enforcement officer’s costs and expenses of\nenforcement, including any costs of complying with rule 2608.\n\nEnforcement officer’s interpleader Division 2.19.2\nRule 2608\n","sortOrder":724},{"sectionNumber":"2608","sectionType":"section","heading":"Interpleader—admission of claim","content":"2608 Interpleader—admission of claim\n(1) This rule applies if the enforcement creditor admits the claimant’s\nclaim under rule 2605 by serving notice on the enforcement officer\nunder rule 2607.\n(2) The enforcement creditor is not liable to the enforcement officer for\nfees or expenses incurred by the enforcement officer under the\nenforcement order after the notice is given to the enforcement officer.\n(3) The enforcement officer must—\n(a) withdraw from possession of the property in relation to which\nthe claim is admitted (the relevant property); or\n(b) if the relevant property has been sold—pay the proceeds of sale\ninto court and tell the enforcement debtor and the claimant in\nwriting that the proceeds of sale have been paid into court.\n(4) On application by the enforcement officer, the court may restrain the\nclaimant from starting or continuing a proceeding in a court against\nthe enforcement officer in relation to anything done, or omitted to be\ndone, by the enforcement officer in executing the enforcement order\nin relation to the relevant property.\n(5) The application must be supported by an affidavit to which the notices\nmentioned in rule 2605 (2) and rule 2607 (2) are annexed.\n(6) If the enforcement officer is sued by the claimant in a proceeding in\nthe court in relation to the relevant property, the enforcement officer\nmay apply to the court for an order under subrule (4) in that\n(7) If subrule (6) does not apply to the enforcement officer, the\nenforcement officer may apply to the court for an order under subrule\n(4) in—\n(a) the proceeding in which the enforcement order was made; or\n\nRule 2609\n(b) if a proceeding is pending in which the property’s ownership is\nan issue—the pending proceeding.\n(8) An application for an order under subrule (4) and supporting\naffidavits must be served on the claimant personally.\n","sortOrder":725},{"sectionNumber":"2609","sectionType":"section","heading":"Interpleader—enforcement officer’s interpleader","content":"2609 Interpleader—enforcement officer’s interpleader\n(a) the enforcement officer has served notice of the claimant’s claim\non the enforcement creditor under rule 2607; and\n(b) the enforcement creditor does not, before the end of 4 days after\nthe day the notice is served, serve on the enforcement officer a\nnotice under that rule that the enforcement creditor admits the\nclaim; and\n(c) the claimant does not afterwards withdraw the claim.\n(2) The enforcement officer may apply to the court for interpleader relief.\n(3) The application must be supported by an affidavit to which the notice\nmentioned in rule 2605 (2) is annexed.\n(4) The application may be made only in the proceeding in which the\nenforcement order was made.\n(5) A stamped copy of the application and supporting affidavits must be\nserved on the enforcement creditor and claimant personally.\n","sortOrder":726},{"sectionNumber":"2610","sectionType":"section","heading":"Interpleader—enforcement debtor’s rights not affected","content":"2610 Interpleader—enforcement debtor’s rights not affected\nThis part does not affect a right of the enforcement debtor to bring a\nclaim against the enforcement officer or the enforcement creditor.\n\nInterpleader orders Division 2.19.3\nRule 2620\n","sortOrder":727},{"sectionNumber":"2620","sectionType":"section","heading":"Interpleader—orders","content":"2620 Interpleader—orders\n(1) On application under division 2.19.1 (Stakeholder’s interpleader) or\ndivision 2.19.2 (Enforcement officer’s interpleader) for interpleader\nrelief, the court may make the orders it considers appropriate for\nhearing and deciding all matters in dispute.\n(2) Without limiting subrule (1), the court may do any of the following:\n(a) if a proceeding is pending against the applicant in relation to any\nof the disputed property—order that a claimant in relation to the\ndisputed property be included as a defendant in the proceeding\nin addition to or in substitution for the applicant, or order that\nthe proceeding be stayed or dismissed;\n(b) order that a question between claimants to the disputed property\nbe stated and tried, direct which of the claimants is to be the\nplaintiff and which the defendant, and give any necessary\ndirections for the trial;\n(c) order that the applicant pay or transfer all or any of the property\nin dispute or the proceeds of sale into court or otherwise dispose\nof the property or proceeds of sale;\n(d) if a claimant claims to be entitled to any of the disputed property\nby way of security for a debt—make orders for the sale of all or\npart of the property and for the application of the proceeds of\nsale;\n(e) decide summarily a question of law or fact arising on the\n(f) order that a special case be stated on a question of law under part\n5.7 (Special cases);\n(g) make any order it considers appropriate, including an order\nfinally disposing of all issues arising in the proceeding.\n\nRule 2621\n","sortOrder":728},{"sectionNumber":"2621","sectionType":"section","heading":"Interpleader—summary disposal of proceeding","content":"2621 Interpleader—summary disposal of proceeding\nThe court may, having regard to the value of the disputed property,\ndecide the claimants’ claims summarily on any conditions it considers\njust if—\n(a) the claimants consent; or\n(b) a claimant applies to the court for the court to decide the claims\nsummarily.\n","sortOrder":729},{"sectionNumber":"2622","sectionType":"section","heading":"Interpleader—adverse claims","content":"2622 Interpleader—adverse claims\nThe applicant is not disentitled to relief only because the titles of the\nclaimants do not have a common origin, but are adverse to and\nindependent of one another.\n","sortOrder":730},{"sectionNumber":"2623","sectionType":"section","heading":"Interpleader—default by claimant","content":"2623 Interpleader—default by claimant\n(a) a claimant to the disputed property has been given appropriate\nnotice of the hearing of an application for interpleader relief; and\n(b) the claimant does not appear at the hearing or does not comply\nwith an order made on an application for interpleader relief.\n(2) The court may order that the claimant, and anyone claiming under the\nclaimant, be barred from prosecuting the claim against the applicant\nand anyone claiming under the applicant.\n(3) An order under subrule (2) does not affect the rights of the claimants\nas between themselves.\n\nInterpleader orders Division 2.19.3\nRule 2624\n","sortOrder":731},{"sectionNumber":"2624","sectionType":"section","heading":"Interpleader—neutrality of applicant","content":"2624 Interpleader—neutrality of applicant\n(1) If a person (the stakeholder) applies for interpleader relief under\nrule 2600, the court may dismiss the application or give judgment\nagainst the stakeholder unless satisfied that the stakeholder—\n(a) claims no interest in the disputed property, other than for\ncharges or costs; or\n(b) is not in collusion with a claimant to the disputed property.\n(2) If an enforcement officer applies for interpleader relief under\nrule 2609, the court may dismiss the application unless satisfied that\nthe enforcement officer—\n(a) claims no interest in the disputed property other than for charges\nor costs; or\n(b) is not in collusion with a claimant to the disputed property.\n(3) This rule does not affect the power of the court in other cases to\ndismiss an application for interpleader relief or to give judgment\nagainst an applicant for interpleader relief.\n","sortOrder":732},{"sectionNumber":"2625","sectionType":"section","heading":"Interpleader order—2 or more proceedings","content":"2625 Interpleader order—2 or more proceedings\n(a) an application for interpleader relief is made; and\n(b) 2 or more proceedings are pending in the court for or about any\nor all of the disputed property; and\n(c) the court makes an order in any 2 or more of the proceedings.\n(2) An order is binding on all the parties to all the proceedings to which\nit applies.\n\nRule 2626\n","sortOrder":733},{"sectionNumber":"2626","sectionType":"section","heading":"Interpleader—trial","content":"2626 Interpleader—trial\nIf, in a proceeding for interpleader relief, the court directs the trial of\nan issue, part 2.13 (Pre-trial procedures), part 2.14 (Court\nsupervision) and part 2.15 (Trial) apply to the trial with all necessary\nchanges and subject to directions the court may give.\n","sortOrder":734},{"sectionNumber":"2627","sectionType":"section","heading":"Interpleader—disposal of amounts in court","content":"2627 Interpleader—disposal of amounts in court\nIf an enforcement officer has paid an amount into court under\nrule 2608 (Interpleader—admission of claim), the court may order it\nbe paid out to the person who is entitled to it or make an order under\nrule 2620 (Interpleader—orders).\n\nTrusts and estates generally Division 2.20.1\nRule 2700\nPart 2.20 Trusts, estates, accounts and\ninquiries\nDivision 2.20.1 Trusts and estates generally\nNote to div 2.20.1\nThis division contains miscellaneous rules applying in relation to trusts and estates\nof deceased people. For other provisions applying to trusts and estates, see esp\ndiv 2.4.6 (Representation—trustees and personal representatives).\n","sortOrder":735},{"sectionNumber":"2700","sectionType":"section","heading":"Trusts and estates—decision without order for","content":"2700 Trusts and estates—decision without order for\nadministration\nThe court need not make an order for the administration of a trust or\ndeceased person’s estate if the questions between the parties can be\nproperly decided without the order.\n","sortOrder":736},{"sectionNumber":"2701","sectionType":"section","heading":"Trusts and estates—application not to affect powers","content":"2701 Trusts and estates—application not to affect powers\n(1) This rule applies if an application is made in relation to a question or\nmatter in relation to a trust or the estate of a deceased person, without\nadministration of the trust or estate if—\n(a) the only or main issue in the proceeding is an issue of law and a\nsubstantial dispute of fact is unlikely; or\n(b) there is no opposing party to the proceeding or it is not intended\nto serve anyone with the originating process.\nNote The application may be made by originating application (see r 35 (When\noriginating application may be used)).\n(2) Unless the court otherwise orders, the making of the application does\nnot interfere with or control any power or discretion of an executor,\nadministrator or trustee, except as far as the interference or control is\nnecessarily involved in the particular relief sought.\n\nRule 2702\n","sortOrder":737},{"sectionNumber":"2702","sectionType":"section","heading":"Trusts and estates—conduct of sale","content":"2702 Trusts and estates—conduct of sale\n(a) there is a proceeding for the administration of a deceased\nperson’s estate or enforcement of the trust of a written\ninstrument; and\n(b) the court orders the sale of property vested in an executor or\nadministrator of the estate or trustee of the trust.\n(2) Unless the court otherwise orders, the conduct of the sale must be\ngiven to the executor, administrator or trustee.\nNote to div 2.20.2\nFor the accounts of executors, administrators and trustees, see div 2.20.4\n(Executors, administrators and trustees—accounts and commission).\n","sortOrder":738},{"sectionNumber":"2720","sectionType":"section","heading":"Meaning of accounting party—div 2.20.2","content":"2720 Meaning of accounting party—div 2.20.2\naccounting party means the party required to account.\n","sortOrder":739},{"sectionNumber":"2721","sectionType":"section","heading":"Account—order for account","content":"2721 Account—order for account\n(1) If an account is claimed in the first instance or a claim involves taking\nan account, the court may at any stage order that an account be taken.\n(2) Without limiting subrule (1), the court may order that an account be\ntaken if—\n(a) an originating application seeks the taking of an account; and\n(b) the defendant fails to satisfy the court that there is a preliminary\nquestion to be decided.\n\nRule 2722\n(3) An order directing that an account be taken must state—\n(a) the transaction or series of transactions of which the account is\nto be taken; and\n(b) the basis of the account; and\n(c) the period of the account.\n","sortOrder":740},{"sectionNumber":"2722","sectionType":"section","heading":"Account—orders","content":"2722 Account—orders\n(1) This rule applies if the court orders the taking of an account.\n(2) The court may, by the same or a later order, make the orders it\nconsiders appropriate about taking or verifying the account,\nincluding, for example, orders about the following:\n(a) the advertisements to be published, the evidence to be presented,\nthe procedure to be followed, and the time and place for taking\nthe account;\n(b) if the court orders an advertisement to be published—an order\nexcluding from the benefit of the order for the taking of the\naccount a claimant who does not send full particulars of the\nclaimant’s claim to the person named in the advertisement,\nwithin the time stated in the advertisement;\n(c) whether in taking the account the books and records of account\nare evidence of the matters contained in them;\n(d) the people (whether or not parties to the proceeding) to be served\nwith the order and who are entitled to be heard on the taking of\nthe account;\n(e) the people to be called as witnesses at the taking of the account;\n\nRule 2723\n(f) whether an order should be given for a balance found to be\nowing.\nNote Pt 6.2 (Applications in proceedings) applies to an application for a later\n(3) If the court orders that the books and records of account are evidence\nof the matters contained in them, the parties have leave to take\nobjections.\n","sortOrder":741},{"sectionNumber":"2723","sectionType":"section","heading":"Accounts—service of order etc","content":"2723 Accounts—service of order etc\n(1) An order for the taking of an account that is to be served on a person\nwho was not a party to the proceeding must be served personally.\n(2) The account must not be taken until all necessary people have been\nserved with the order for the taking of the account, unless the court\n(3) If the court dispenses with service, the court may also order that the\npeople in relation to whom service is dispensed with are bound by the\norder for the taking of the account.\n(4) An order under subrule (3) does not apply to a person if the order (or\nthe order dispensing with service) was obtained by fraud or\nnondisclosure of material facts.\n(5) If—\n(a) the court orders the taking of an account in a proceeding for the\nadministration of a deceased person’s estate, the enforcement of\nthe trust of a written instrument or the partition or sale of an\nhereditament; and\nNote A hereditament is land or an interest in land that can be passed to\nheirs.\n\nRule 2724\n(b) the court also orders that the order mentioned in paragraph (a)\nbe served on the people interested in the estate, trust or\nhereditament;\neveryone on whom the order is served is bound by the proceeding.\n","sortOrder":742},{"sectionNumber":"2724","sectionType":"section","heading":"Accounts—form and verification","content":"2724 Accounts—form and verification\n(1) All items in an account must be numbered consecutively.\n(2) The accounting party must verify the account by an affidavit and the\naccount must be made an annexure or exhibit to the affidavit.\nNote See r 6712 (Affidavit—annexures and exhibits) and r 6717 (Affidavit—\nalterations in).\n(3) On the taking of an account, all payments over $250 must be verified\nby receipts.\n(4) The court may order that the documents relating to an account be\nproduced for inspection by another party at the office of the\naccounting party’s solicitor or another convenient place, and that only\nthe contested items be brought before the court.\n","sortOrder":743},{"sectionNumber":"2725","sectionType":"section","heading":"Accounts—filing and service","content":"2725 Accounts—filing and service\nThe accounting party must—\n(a) file the account and verifying affidavit; and\n(b) serve stamped copies on everyone entitled to be heard at the\ntaking of the account.\n","sortOrder":744},{"sectionNumber":"2726","sectionType":"section","heading":"Accounts—challenging account","content":"2726 Accounts—challenging account\nIf a person challenges the accuracy of an account, the person must\nserve a notice on the accounting party that—\n(a) states the errors or omissions claimed; and\n(b) gives brief details of them.\n\nRule 2727\n","sortOrder":745},{"sectionNumber":"2727","sectionType":"section","heading":"Accounts—witness","content":"2727 Accounts—witness\nA witness on the taking of an account or the person who made an\naffidavit read at the taking of an account may be examined or\ncross-examined on oath.\n","sortOrder":746},{"sectionNumber":"2728","sectionType":"section","heading":"Accounts—allowances","content":"2728 Accounts—allowances\nIn taking an account directed by an order, all just allowances for the\nexpenses and claims of the accounting party may be made without a\ndirection for the purpose.\n","sortOrder":747},{"sectionNumber":"2729","sectionType":"section","heading":"Accounts—delay","content":"2729 Accounts—delay\n(1) If there is delay in prosecuting the taking of an account, the court may\nmake orders for staying or expediting the proceeding, or for the\nconduct of the proceeding (including orders about costs).\n(2) The court may make an order under this rule on the application of\nanyone entitled to be heard at the taking of the account or on its own\n","sortOrder":748},{"sectionNumber":"2730","sectionType":"section","heading":"Accounts—powers exercisable on taking account","content":"2730 Accounts—powers exercisable on taking account\nOn the taking of an account, the court may order that advertisements\nbe published, witnesses subpoenaed, oaths administered, documents\nor records be produced and oral examinations conducted on oath.\n\nRule 2731\n","sortOrder":749},{"sectionNumber":"2731","sectionType":"section","heading":"Accounts—class interests","content":"2731 Accounts—class interests\n(1) If it appears to the court that the interests of the people who are\nentitled to attend the taking of the account can be classified, the court\nmay order each class to be represented by 1 solicitor and counsel.\n(2) Despite an order under subrule (1), a person who objects to being\nrepresented as a member of a class—\n(a) may be separately represented; and\n(b) if separately represented, is not entitled to an order for costs and\nmay be ordered to pay additional costs incurred by someone else\nbecause of the separate representation.\n(3) The court may order separate representation for members of a class\nwho are represented by 1 solicitor and counsel.\n(4) This rule is additional to rule 259 (Representation—proceeding about\nadministration of deceased person’s estate or trust property) and rule\n266 (Representation—numerous concurrent interests).\n","sortOrder":750},{"sectionNumber":"2732","sectionType":"section","heading":"Accounts—reference to judicial officer","content":"2732 Accounts—reference to judicial officer\n(1) If an account is taken by the registrar of a court, the registrar must if\nasked by a person interested in the account, or may on his or her own\ninitiative, refer to a judicial officer of the court a question arising, and\nthe account must be taken in accordance with a direction the judicial\nofficer gives on the reference.\n(2) A direction given by the judicial officer under subrule (1) may be\namended at any time until a certificate is filed of the results of the\naccount.\n(3) This rule is additional to the following rules:\n• rule 6254 (Order that jurisdiction in proceeding be exercised by\njudicial officer other than registrar)\n\nRule 2733\n• rule 6255 (Registrar referring proceeding or issue to judicial\nofficer).\n(a) for the registrar of the Supreme Court—a judge; or\n(b) for the registrar of the Magistrates Court—a magistrate.\n","sortOrder":751},{"sectionNumber":"2733","sectionType":"section","heading":"Accounts—certificate about taking of account","content":"2733 Accounts—certificate about taking of account\n(1) The result of the taking of an account must be stated in a certificate\nthat must be filed in the court immediately after it is settled.\n(2) Anyone who is interested in the account may apply to the court for\nthe certificate to be set aside or amended not later than 7 days after\nthe day the certificate is filed.\nor leave under this rule.\n(3) The application must state—\n(a) the items objected to; and\n(b) briefly, but specifically, the grounds of the objection.\n(4) The court must decide the application on the same evidence as was\npresented at the taking of the account, unless the court gives leave for\nfurther evidence to be presented.\n(5) The certificate becomes final, and is binding on the parties, at the end\nof 7 days after the day it is filed in the court, unless someone applies\nunder subrule (2) for the certificate to be set aside or amended.\n(6) However, in special circumstances the court may set aside or amend\nthe certificate after it has become final and binding.\n(7) The certificate must not set out the order, the documents, evidence or\nreasons, but it must refer to the order or the documents or evidence\nso that the basis of the result of the account is stated in the certificate.\n\nMaking of inquiries Division 2.20.3\nRule 2734\n(8) The certificate must state the items allowed and disallowed.\n(9) The party responsible for the prosecution of the taking of the account\nmust prepare a draft certificate for settling by the court on at least 7\ndays notice to everyone who appeared at the taking of the account.\n(10) The registrar must serve a stamped copy of the certificate on each\nparty to the account.\n","sortOrder":752},{"sectionNumber":"2734","sectionType":"section","heading":"Accounts—further consideration","content":"2734 Accounts—further consideration\nIf a proceeding is adjourned for an account to be taken, it may be set\ndown for further hearing not later than 7 days after the day the\ncertificate for the account becomes final and binding.\nDivision 2.20.3 Making of inquiries\n2740 Inquiries—procedure for inquiries\nDivision 2.20.2 (Taking of accounts) applies, with necessary changes,\nto the making of an inquiry.\n2741 Inquiries—orders\n(1) This rule applies if the court orders the making of an inquiry.\n(2) The court may, by the same or a later order, make the orders about\nthe making of the inquiry it considers appropriate.\nDivision 2.20.4 Executors, administrators and\ntrustees—accounts and commission\n","sortOrder":753},{"sectionNumber":"2745","sectionType":"section","heading":"Definitions—div 2.20.4","content":"2745 Definitions—div 2.20.4\nbeneficiary, of an estate or trust property, includes—\n(a) a person with a beneficial interest in the estate or trust property;\nand\n\nRule 2746\n(b) for an estate—a person with a right to compel the executor or\nadministrator of the estate to complete the administration.\nestate means estate of a deceased person.\n","sortOrder":754},{"sectionNumber":"2746","sectionType":"section","heading":"Estate and trust accounts—order requiring examination","content":"2746 Estate and trust accounts—order requiring examination\nand passing of accounts\n(1) A beneficiary of an estate or trust property may apply to the court for\nan order requiring the examination and passing of accounts of the\nexecutor or administrator of the estate or the trustee of the trust\n(2) An application by a beneficiary of an estate must be made in the\nproceeding in which the grant of representation for the estate was\n(3) An application by a beneficiary of a trust property must be made by\n(4) The application must be accompanied by an affidavit stating the\nreasons for the application.\nand supporting affidavit on the executor or administrator of the estate\nor the trustee of the trust property.\n(6) On application under this rule, the court may make the orders it\nconsiders appropriate, including an order requiring the examination\nand passing of accounts.\n\nRule 2747\n","sortOrder":755},{"sectionNumber":"2747","sectionType":"section","heading":"Estate and trust accounts—compliance with order for","content":"2747 Estate and trust accounts—compliance with order for\nexamination and passing of accounts\n(1) This rule applies if the court makes an order under rule 2746 requiring\nthe examination and passing of accounts of the executor or\nadministrator of an estate or the trustee of a trust property.\n(2) Unless the court otherwise orders, not later than 3 months after the\nday the order is served on the executor, administrator or trustee, the\nexecutor, administrator or trustee must—\n(a) file the accounts; and\n(b) make an appointment with the registrar to have the accounts\nexamined.\n(3) The executor, administrator or trustee must attend the appointment.\n(4) The accounts must be—\n(a) full and correct; and\n(b) verified by affidavit.\nNote See approved form 2.79 (Executor’s, administrator’s or trustee’s affidavit\nand account) AF2006-324.\n(5) If the executor or administrator fails to comply with the order, the\ncourt may, on application by the beneficiary who applied for the\norder, direct that the proceeding the court considers appropriate be\ntaken against the executor or administrator.\n\nRule 2748\n","sortOrder":756},{"sectionNumber":"2748","sectionType":"section","heading":"Estate and trust accounts—application for commission","content":"2748 Estate and trust accounts—application for commission\n(1) If an executor or administrator of an estate applies for an order for the\nallowance of commission out of the estate, the executor or\nadministrator must file a full and correct account of the administration\nof the estate.\ncommission under this rule.\nNote 2 See approved form 2.79 (Executor’s, administrator’s or trustee’s affidavit\nand account) AF2006-324.\n(2) If a trustee applies for an order for the allowance of commission out\nof the income or proceeds of trust property, the trustee must file a full\nand correct account of the trustee’s administration of the trust\n(3) An account mentioned in subrule (1) or (2) must be verified by\n","sortOrder":757},{"sectionNumber":"2749","sectionType":"section","heading":"Estate and trust accounts—notice of filing of accounts","content":"2749 Estate and trust accounts—notice of filing of accounts\netc\n(1) This rule applies if accounts of an estate or trust property are to be\nexamined under rule 2747 (Estate and trust accounts—compliance\nwith order for examination and passing of accounts).\n(2) At least 42 days before the date set for examining the accounts, the\nexecutor, administrator or trustee must serve on each beneficiary\nnotice of—\n(a) the filing of the accounts; and\n(b) if the executor, administrator or trustee intends to apply for the\nallowance of commission—the intention to apply for the\ncommission; and\n(c) the date set for examining the accounts.\nNote See approved form 2.80 (Notice of filing accounts) AF2006-325.\n\nRule 2750\n(3) The notice must state that the beneficiary—\n(a) may inspect the accounts at the registry; and\n(b) may, not later than 14 days before the date set for examining the\naccounts, file a notice in the court stating that the beneficiary\nwants to be heard on the examination and passing of the\naccounts or allowance of commission.\n(4) The notice may be served on a beneficiary by sending a copy of the\nnotice—\n(a) by pre-paid post, addressed to the beneficiary, at the\nbeneficiary’s address last known to the executor, administrator\nor trustee; or\n(b) if the beneficiary has an address for service—to the\nbeneficiary’s address for service.\n(5) Not less than 7 days before the date set for examining the accounts,\nthe executor, administrator or trustee must file an affidavit in the court\n(a) that the notice required by this rule was served on each\nbeneficiary; and\n(b) the date the notice was served on each beneficiary.\n","sortOrder":758},{"sectionNumber":"2750","sectionType":"section","heading":"Estate and trust accounts—appearance of beneficiary at","content":"2750 Estate and trust accounts—appearance of beneficiary at\nexamination\n(1) This rule applies if accounts of an executor, administrator or trustee\nare to be examined under rule 2747 (Estate and trust accounts—\ncompliance with order for examination and passing of accounts).\n(2) Not later than 14 days before the date set for examining the records,\na beneficiary may file a notice in the court stating that the beneficiary\nwants to be heard on the examination and passing of the accounts or\nallowance of commission.\nNote See approved form 2.81 (Notice of claim to be heard) AF2006-326.\n\nRule 2751\n(3) The notice must—\n(a) state the beneficiary’s address for service; and\n(b) be supported by an affidavit stating the nature and ground of any\nobjection or exceptions to the accounts or allowance of\ncommission.\n(4) The beneficiary must, not later than 7 days after the day the notice is\nfiled, serve a stamped copy of the notice and supporting affidavit on\nthe executor or administrator of the estate or trustee of the trust\n(5) The executor, administrator or trustee must serve a copy of the\naccounts on the beneficiary not later than 7 days after the day the\nnotice and supporting affidavit are served on the executor,\nadministrator or trustee.\n(6) The registrar may order the beneficiary to serve a stamped copy of\nthe notice and supporting affidavit on anyone else who may have a\nclaim on, or otherwise be interested in, the estate.\n","sortOrder":759},{"sectionNumber":"2751","sectionType":"section","heading":"Estate and trust accounts—examination","content":"2751 Estate and trust accounts—examination\nAt the examination of accounts of an executor, administrator or\ntrustee under this division, the registrar must—\n(a) examine the accounts; and\n(b) hear—\n(i) the executor, administrator or trustee; and\n(ii) anyone who has filed a notice under rule 2750 (Estate and\ntrust accounts—appearance of beneficiary at examination)\nin relation to the examination, is present and wants to be\nheard; and\n\nRule 2752\n(c) inquire into any objection or exception taken to the accounts or\nallowance of commission to the executor, administrator or\ntrustee.\n","sortOrder":760},{"sectionNumber":"2752","sectionType":"section","heading":"Estate and trust accounts—conduct of examination","content":"2752 Estate and trust accounts—conduct of examination\n(1) A beneficiary of an estate or trust property—\n(a) may attend before the registrar at the examination of accounts of\nthe estate or trust property under this division; but\n(b) may not object to the passing of the accounts unless the\nbeneficiary has filed a notice under rule 2750 (Estate and trust\naccounts—appearance of beneficiary at examination).\n(2) However, if no-one files a notice under rule 2750 in relation to the\nexamination, the registrar may pass the accounts on the oath of the\nexecutor, administrator or trustee alone with appropriate verification.\n(3) On the taking of the accounts, each payment of more than $50 must\nbe verified—\n(a) by a proper receipt signed by the person who is claimed to have\nreceived the payment; or\n(b) in the way the registrar considers satisfactory.\n(4) However, the accounts may be passed on the production of a\ncertificate by a properly qualified accountant of the correctness of the\naccounts if—\n(a) the accounts consist entirely of items of receipts and expenditure\npaid into and drawn out of the trust account of a solicitor for the\nexecutor, administrator or trustee; and\n\nRule 2753\n(b) the trust account has been properly audited by the accountant in\na way that discloses in detail the receipts and disbursements and\nthe true position of the estate or trust property accounts.\nNote See approved form 2.82 (Accountant’s certificate of correctness of\naccounts) AF2006-327.\n(5) Also, the registrar may require the accounts to be filed in the way\notherwise prescribed by these rules and to be further verified.\n(6) The result of the registrar’s examination of the accounts must be set\nout in a certificate.\nNote See approved form 2.83 (Registrar’s certificate of examination of\naccounts) AF2006-328.\n","sortOrder":761},{"sectionNumber":"2753","sectionType":"section","heading":"Estate and trust accounts—application for passing","content":"2753 Estate and trust accounts—application for passing\naccounts etc\n(1) After the filing in the court of the registrar’s certificate under\nrule 2752 (6) of the results of the examination of accounts of an\nexecutor, administrator or trustee, the executor, administrator or\ntrustee—\n(a) must apply to the court for an order that the accounts be passed;\nand\n(b) may apply for an allowance of commission.\n(2) Notice of the application must be served on everyone who—\n(a) filed a notice under rule 2750 (Estate and trust accounts—\nappearance of beneficiary at examination) in relation to the\n(b) is not stated in the certificate to have withdrawn the person’s\nobjection or exception.\n\nRule 2754\n","sortOrder":762},{"sectionNumber":"2754","sectionType":"section","heading":"Estate and trust accounts—passing of accounts etc","content":"2754 Estate and trust accounts—passing of accounts etc\n(1) On the hearing of an application under rule 2753, the court may order\nthat the accounts be passed with or without amendment.\n(2) The court may also—\n(a) allow the costs of examining and passing the accounts to be paid\nout of the estate or trust property; and\n(b) make the order for commission the court considers just; and\n(c) extend the time for filing and passing further accounts.\n","sortOrder":763},{"sectionNumber":"2755","sectionType":"section","heading":"Estate and trust accounts—amended or further accounts","content":"2755 Estate and trust accounts—amended or further accounts\nThe court may require—\n(a) an executor, administrator or trustee to amend an account; or\n(b) an executor, administrator or trustee to have a further account or\namended account examined and passed; or\n(c) a proceeding to be taken on the account, further account or\namended account as the court considers appropriate.\n","sortOrder":764},{"sectionNumber":"2756","sectionType":"section","heading":"Estate and trust accounts—renewal of objection in","content":"2756 Estate and trust accounts—renewal of objection in\nsubsequent proceeding\n(a) on the examination under this division of an account of an\nexecutor, administrator or trustee, a person made an objection or\nexception before the registrar that was disallowed or overruled;\nand\n(b) the account was passed under this division; and\n(c) the same account is afterwards directed to be taken in a\n\nRule 2757\n(2) The person must not renew the objection or exception against the\nexecutor, administrator or trustee without the court’s leave.\n","sortOrder":765},{"sectionNumber":"2757","sectionType":"section","heading":"Estate and trust accounts—evidence in subsequent","content":"2757 Estate and trust accounts—evidence in subsequent\n(1) This rule applies if an account is passed under this division and the\nsame account is afterwards directed to be taken in a proceeding.\n(2) The evidence taken before the registrar on the examination of the\naccount may, with all just exceptions, be read on behalf of the\nexecutor, administrator or trustee on the taking of the account in the\n(3) The order passing the account may also be read on behalf of the\nexecutor, administrator or trustee on the taking of the account in the\nproceeding, and is evidence on behalf of the executor, administrator\nor trustee of the facts stated in the account.\n","sortOrder":766},{"sectionNumber":"2758","sectionType":"section","heading":"Estate and trust accounts—general practice to apply","content":"2758 Estate and trust accounts—general practice to apply\nUnless this division otherwise provides, division 2.20.2 (Taking of\naccounts) applies, with any necessary changes, to the examination\nand passing of accounts under this division.\n","sortOrder":767},{"sectionNumber":"2759","sectionType":"section","heading":"Estate and trust accounts—combined executors’ and","content":"2759 Estate and trust accounts—combined executors’ and\ntrustees’ account\n(1) This rule applies if the same person is an executor and trustee or an\nadministrator and trustee.\n(2) The person may include in the same account a statement of the\nadministration of property in both capacities.\n(3) However, the person must distinguish the amounts received and\ndisposed of by the person in each capacity.\n\nRule 2760\n(4) If the person is required to give a notice under this division, the notice\nmust indicate that it is given in relation to the estate of the deceased\nperson and the trust.\n(5) A certificate by the registrar of the registrar’s examination of the\naccount must set out separately the result of the registrar’s\nexamination of the account as far as it relates to the estate and to the\ntrust.\n","sortOrder":768},{"sectionNumber":"2760","sectionType":"section","heading":"Trustees—allowance of commission in proceeding","content":"2760 Trustees—allowance of commission in proceeding\n(1) A trustee whose account has been taken in a proceeding in the court\nmay apply to the court in that proceeding for the allowance of\ncommission at any time after the account has been taken.\n(2) Rule 2748 (Estate and trust accounts—application for commission)\ndoes not apply to the application.\n\nRule 2800\n","sortOrder":769},{"sectionNumber":"2800","sectionType":"section","heading":"Power to act by solicitor","content":"2800 Power to act by solicitor\n(1) Every act required or allowed to be done by a party in the conduct of\na proceeding in the court may be done by the party’s solicitor.\n(2) However, this rule does not apply to a document that must be signed\nby a party.\nExamples for r (2)\n1 answers to interrogatories\n2 an affidavit\n","sortOrder":770},{"sectionNumber":"2801","sectionType":"section","heading":"Appointment of solicitor","content":"2801 Appointment of solicitor\nIf a solicitor signs, and files on behalf of a party to a proceeding, an\noriginating process, notice of intention to respond, defence or other\ndocument in the proceeding, the solicitor is taken to be the party’s\nsolicitor on the record in the proceeding.\n","sortOrder":771},{"sectionNumber":"2802","sectionType":"section","heading":"Change between acting personally and acting by solicitor","content":"2802 Change between acting personally and acting by solicitor\n(1) If a party acts in person in a proceeding and later appoints a solicitor,\nthe solicitor must—\n(a) file a notice of the solicitor’s appointment; and\n(2) The notice must state the party’s address for service.\nNote See approved form 2.73 (Notice of appointment of solicitor)\nAF2006-318.\n(3) If a party appoints a solicitor and later decides to act in person, the\nparty must—\n\nRule 2803\n(b) serve a stamped copy of the notice on all other active parties and\nthe party’s former solicitor.\nNote 1 A party is not required to serve a stamped copy of the notice to act in\nperson on another party to a family violence or personal violence\nproceeding (see r 3802 (2) (q)).\nNote 2 See approved form 2.74 (Notice that party acting in person) AF2006-319.\n(4) The notice must state the party’s address for service.\n(5) The party’s former solicitor remains the solicitor on the record until\nthe party complies with subrule (3).\n","sortOrder":772},{"sectionNumber":"2803","sectionType":"section","heading":"Change of solicitor","content":"2803 Change of solicitor\n(1) A party may, at any stage of a proceeding and without an order,\nappoint another solicitor in place of the solicitor then acting for the\n(2) If a party appoints another solicitor, the newly appointed solicitor\n(a) file a notice of the change of solicitor; and\n(b) serve a stamped copy of the notice on all other active parties and\nthe party’s former solicitor.\n(3) The notice must state the party’s address for service.\n(4) The party’s former solicitor remains the solicitor on the record until\nthe newly appointed solicitor complies with subrule (2).\n","sortOrder":773},{"sectionNumber":"2804","sectionType":"section","heading":"Removal of solicitor by court","content":"2804 Removal of solicitor by court\n(1) This rule applies if a solicitor for a party on the record in a proceeding\nloses the capacity to act as a solicitor or cannot be found, but a notice\nof change of solicitor or notice that the party is acting in person is not\n\nRule 2805\n(2) A party may apply to the court for the removal of the solicitor’s name\nfrom the record.\n(4) On removal of the solicitor’s name from the record, the party must—\n(a) appoint another solicitor; or\n(b) comply with subrule (5).\n(5) To comply with this subrule, the party must—\n(6) The notice must state the party’s address for service.\nNote See approved form 2.74 (Notice that party acting in person) AF2006-319.\n","sortOrder":774},{"sectionNumber":"2805","sectionType":"section","heading":"Solicitor removed from roll etc","content":"2805 Solicitor removed from roll etc\n(1) This rule applies if a solicitor’s name is removed from the local roll\nunder the Legal Profession Act 2006 or a solicitor’s local practising\ncertificate under that Act is cancelled or suspended.\n(2) If a receiver is appointed under the Legal Profession Act 2006 for the\nsolicitor’s practice, a copy of all processes and other documents to be\nserved in a proceeding in which the solicitor is a solicitor on the\nrecord must be served on the receiver.\n(3) If a receiver is not appointed, rule 2808 (Effect of removal of, or leave\nto withdraw as, solicitor) applies with necessary changes.\n\nRule 2806\n","sortOrder":775},{"sectionNumber":"2806","sectionType":"section","heading":"Withdrawal as solicitor","content":"2806 Withdrawal as solicitor\n(1) A solicitor may withdraw from the record as solicitor for a client in a\nproceeding if the solicitor, in accordance with this rule—\n(a) serves a notice of intention to withdraw on the client; and\n(b) files a notice of ceasing to act in the court.\nNote See—\n• approved form 2.76 (Notice of intention to withdraw) AF2021-22.\n• approved form 2.77 (Notice of ceasing to act) AF2021-19.\n(2) Except with leave of the court—\n(a) a notice of intention to withdraw must not be served less than\n28 days before the date for the hearing of the originating\n(b) a notice of ceasing to act must not be filed less than 7 days after\nthe notice of intention to withdraw has been served.\n(3) Leave may be granted under subrule (2) if the court considers it\nappropriate in the circumstances.\n(4) A notice of intention to withdraw must—\n(a) state that the solicitor will cease to act for the client not less than\n7 days after the notice is served on the client; and\n(b) ask the client to file and serve on each other active party to the\n(i) a notice appointing another solicitor; or\n\nRule 2807\n(ii) a notice of acting in person.\nNote See—\n• approved form 2.74 (Notice that party acting in person)\nAF2006-319.\n• approved form 2.75 (Notice of change of solicitor) AF2006-320.\n(5) A notice of ceasing to act must—\n(a) state that the solicitor has ceased to act for the client; and\n(b) state—\n(i) the date the notice of intention to withdraw was served on\nthe client; or\n(ii) if the court granted leave under subrule (2)—the date leave\nwas granted.\n(6) A notice of ceasing to act must be filed in the court and a sealed copy\nof the notice served on all active parties in the proceeding, including\nthe solicitor’s client.\n(7) The solicitor’s withdrawal does not take effect until the solicitor has\ncomplied with subrule (6).\n(8) Part 6.8 (Service) applies to service of a notice on the solicitor’s client\nunder this rule as if a reference to an address for service were a\nreference to the address of the party last known to the solicitor.\n","sortOrder":776},{"sectionNumber":"2807","sectionType":"section","heading":"Leave to withdraw as solicitor","content":"2807 Leave to withdraw as solicitor\n(1) Despite rule 6008 (1), an application for leave under rule 2806 need\nonly be served on the solicitor’s client.\n(2) On the withdrawal of the solicitor’s name from the record under\nrule 2806, the party must—\n(a) appoint another solicitor; or\n\nRule 2808\n(b) comply with subrule (3).\n(3) To comply with this subrule, the party must—\nNote See approved form 2.74 (Notice that party acting in person) AF2006-319.\n(4) The notice must state the party’s address for service.\n","sortOrder":777},{"sectionNumber":"2808","sectionType":"section","heading":"Effect of removal of, or leave to withdraw as, solicitor","content":"2808 Effect of removal of, or leave to withdraw as, solicitor\n(1) This rule applies if a solicitor for a client who is a party to a\nproceeding is removed from the record under rule 2804 (Removal of\nsolicitor by court) or withdraws from the record under rule 2806\n(Withdrawal as solicitor).\n(2) The client’s home or business address becomes the address for\nservice until—\n(a) another solicitor is appointed; or\n(b) the client notifies another address for service in accordance with\n(3) The removal, or withdrawal, of a solicitor from the record under this\npart does not affect the rights or liabilities of the solicitor and the party\nfor whom the solicitor acted as between them.\n\nRule 2809\n","sortOrder":778},{"sectionNumber":"2809","sectionType":"section","heading":"Withdrawal of solicitor’s agent","content":"2809 Withdrawal of solicitor’s agent\n(1) An agent solicitor of a principal solicitor in a proceeding in the court\nmay withdraw from the record.\n(2) However, the agent solicitor must not withdraw from the record\nunless the agent has—\n(a) at least 7 days before the day the agent intends to withdraw as\nagent, given notice of the agent’s intention to the principal\nsolicitor; or\n(b) obtained the court’s leave to withdraw without giving notice\nunder paragraph (a).\nwithdraw.\n(3) The application for leave to withdraw need not be served.\n(4) On application for leave to withdraw, the court may give the solicitor\nleave to withdraw from the record without giving notice under\nsubrule (2) (a).\n(5) On withdrawing from the record, the agent solicitor must—\n(a) file a notice of withdrawal of agent; and\nNote See approved form 2.78 (Notice of withdrawal of solicitor's agent)\nAF2006-323.\n(6) The agent solicitor’s withdrawal does not take effect until the agent\nhas complied with subrule (5).\n(7) If the agent solicitor withdraws from the record, the principal\nsolicitor’s business address becomes the address for service until\nanother agent is appointed.\n\nRule 2810\n","sortOrder":779},{"sectionNumber":"2810","sectionType":"section","heading":"Solicitor not to act for adverse parties","content":"2810 Solicitor not to act for adverse parties\nA solicitor must not act in a proceeding for a plaintiff and a defendant,\nor for any 2 or more parties having adverse interests in the\n\nRule 2900\n","sortOrder":780},{"sectionNumber":"2900","sectionType":"section","heading":"Declaratory order","content":"2900 Declaratory order\n(1) A proceeding is not open to objection on the ground that the only\nrelief sought is a declaratory order.\n(2) The court may make binding declarations of right, whether or not any\nconsequential relief is claimed.\n","sortOrder":781},{"sectionNumber":"2901","sectionType":"section","heading":"Copies of documents from registrar","content":"2901 Copies of documents from registrar\n(1) A person may, in writing, ask the registrar for—\n(a) a copy or certified copy of an order of the court in a proceeding;\nor\n(b) a copy or certified copy of a document filed in a proceeding.\n(2) The registrar must give the person the copy or certified copy asked\nfor.\nNote 1 For a family or personal violence proceeding, the registrar is not required\nto give a copy of a document that includes an affected person’s home or\nwork address or other information that may allow the affected person to\nbe located (see r 3802 (2) (r)).\nNote 2 A fee may be determined under the Court Procedures Act 2004, s 13 for\n(3) However, the registrar must not give a copy (or certified copy) of the\norder or document to a person who is not a party to the proceeding\nunless the person appears to the registrar to have a sufficient interest\nin the order or document.\n\nMiscellaneous—ch 2 Part 2.22\nRule 2902\n","sortOrder":782},{"sectionNumber":"2902","sectionType":"section","heading":"Searches of registers etc","content":"2902 Searches of registers etc\n(1) A person may, in writing, ask the registrar to search the registers,\nindexes or calendars of the court.\n(2) The registrar may—\n(a) comply with the request; and\n(b) issue a certificate of the result of the search.\nNote A fee may be determined under the Court Procedures Act 2004, s 13 for\n","sortOrder":783},{"sectionNumber":"2903","sectionType":"section","heading":"Inspection of registry files","content":"2903 Inspection of registry files\n(1) Anyone may search the registry for, inspect, or take a copy of, any\ndocument filed in the registry.\nNote 1 For a family or personal violence proceeding, a party to the proceeding\nmay inspect, or take a copy of, a document filed in the registry provided\nthe document does not include an affected person’s home or work address\nor other information that may allow the affected person to be located (see\nr 3802 (2) (s)).\nNote 2 Rule 4053 (Criminal proceedings—inspection of registry files) applies to\ndocuments filed in criminal proceedings.\n(2) However, the registrar must not allow a person who is not a party to\na proceeding to search the registry for, inspect, or take a copy of, any\nof the following documents about the proceeding unless the person\nappears to the registrar to have a sufficient interest in the document\nor the court gives leave:\n(a) an order, transcript of the proceeding, or any other document,\nthat the court has ordered to be kept confidential;\n(b) an affidavit that has not been read in court;\n(c) a part of an affidavit ruled to be inadmissible in evidence;\n(d) an interrogatory, or an answer to an interrogatory, that has not\nbeen admitted into evidence;\n\n(e) a list of documents given on discovery;\n(f) an admission that has not been admitted into evidence;\n(g) a subpoena;\nNote Rule 6609 (Inspection of, and dealing with, subpoenaed documents\nand things produced otherwise than on attendance) deals with the\ninspection of documents produced in response to a subpoena.\n(h) an application for leave to serve a subpoena in New Zealand;\n(i) a document in relation to a proceeding about the adoption,\ncustody or guardianship of a child;\n(j) a document in relation to a proceeding under the Family Law\nAct 1975 (Cwlth);\n(k) a document filed in the probate jurisdiction, other than—\n(i) a grant of probate or letters of administration; or\n(ii) an order to administer an estate; or\n(iii) a proceeding about a contested matter;\n(l) a deposition taken before an examiner;\n(m) a document filed in support of an application made in the\nabsence of a party;\n(n) a written submission that has not been read in court;\n(o) an unsworn statement of evidence;\n(p) a document that the registrar decides should be confidential to\nthe parties to the proceeding in the interests of justice.\n\nMiscellaneous—ch 2 Part 2.22\n(3) Also, a party to a proceeding may search the registry for, inspect, or\ntake a copy of, a subpoena issued at the request of another party only\n(4) However, subrule (3) does not apply to a subpoena that has been\nserved on the party.\n(5) Further, a party to a proceeding may search the registry for, inspect,\nor take a copy of, a document filed to support any of the following\napplications only with the court’s leave:\n(a) an application for a document, evidence or thing to be kept\nconfidential;\n(b) an application for a document or thing to be granted privilege\nfrom production;\n(c) an application for leave to serve a subpoena in New Zealand.\n(6) Before considering an application for leave under subrule (3), the\ncourt may require the applicant for leave to do either or both of the\n(a) give notice of the application for leave to a party to the relevant\nproceeding or another interested person;\n(b) obtain the agreement of a party to the relevant proceeding or\nanother interested person to the applicant searching the registry\nfor, inspecting, or taking a copy of, a document to which the\n\ndocument—to remove any doubt, document includes a document\nkept electronically or in any other way.\nNote The Legislation Act, dict, pt 1, defines document to mean any record of\nsymbols or anything else having a meaning for persons qualified to\n\nAdministration and probate—general Division 3.1.1\nRule 3000\n","sortOrder":784},{"sectionNumber":"Div 3","sectionType":"division","heading":"1.1 Administration and probate—general","content":"Division 3.1.1 Administration and probate—general\nNote to div 3.1.1\nFor provisions about accounts and commission, see div 2.20.4 (Executors,\nadministrators and trustees—accounts and commission).\n","sortOrder":785},{"sectionNumber":"3000","sectionType":"section","heading":"Definitions—pt 3.1","content":"3000 Definitions—pt 3.1\nAdministration and Probate Act means the Administration and\nProbate Act 1929.\nadministration bond—see rule 3045 (Administration bond—\nrequirement for bond).\nestate means estate of a deceased person.\n","sortOrder":786},{"sectionNumber":"3001","sectionType":"section","heading":"Terms used in Administration and Probate Act","content":"3001 Terms used in Administration and Probate Act\nA term used in the Administration and Probate Act has the same\nmeaning in this part.\nNote For example, the following terms are defined in the Administration and\nProbate Act, dictionary:\n• administration\n• administrator\n• distribute\n• representation\n• will.\n","sortOrder":787},{"sectionNumber":"3002","sectionType":"section","heading":"Application—pt 3.1","content":"3002 Application—pt 3.1\n\nRule 3005\nDivision 3.1.2 Application for grant of\n","sortOrder":788},{"sectionNumber":"3005","sectionType":"section","heading":"Grant of representation—application","content":"3005 Grant of representation—application\n(1) A proceeding for grant of representation for an estate must be started\n• approved form 3.1 (Originating application—probate) AF2017-160\n• approved form 3.2 (Originating application—letters of\nadministration—with will) AF2017-161\n• approved form 3.3 (Originating application—letters of\nadministration—no will) AF2017-162.\nNote 2 For notice of the application, see the following rules:\n• r 3006 (Grant of representation—notice of intention to apply to be\npublished online etc)\n• r 3007 (Grant of administration—notice of intention to apply to be\nserved on non-applicant domestic partner or next of kin)\n• r 3008 (Grant of administration—notice of intention of creditor to\napply to be served on domestic partner and next of kin)\n• r 3009 (Grant of representation—when notice of intention to apply\nto be served on public trustee and guardian).\n(a) a draft of the grant of representation sought, in duplicate; and\n• approved form 3.4 (Grant of probate) AF2017-163\n• approved form 3.5 (Grant of letters of administration—with will)\nAF2017-164\n• approved form 3.6 (Grant of letters of administration—no will)\nAF2017-165.\n(b) a supporting affidavit; and\nNote Rule 3010 (Grant of representation—supporting affidavit for\napplication) deals with the contents of the supporting affidavit.\n\nRule 3005\n(c) for an application for grant of probate or letters of administration\nwith the will annexed—\n(i) if the application is made by the public trustee and\nguardian—the original will, or a copy of the original will\nkept in electronic form certified by the public trustee and\nguardian, signed in the margin by the applicant and the\nperson before whom the supporting affidavit is taken; or\n(ii) in any other case—the original will, signed in the margin\nby the applicant and the person before whom the\nsupporting affidavit is taken; and\n(d) an affidavit of search; and\nNote Rule 3011 (Grant of representation—affidavit of search) deals with\nthe contents of the affidavit of search.\n(e) any other affidavit required by a territory law; and\n(f) anything else required under a territory law.\nNote 1 Div 3.1.4 (Validity and form of wills) contains provisions requiring other\naffidavits in certain circumstances.\n(3) If a copy of an original will kept in electronic form, certified by the\npublic trustee and guardian, accompanies the application, the public\ntrustee and guardian must, if the court directs, produce the original\nwill to the court.\n(4) If the application is for grant of probate or letters of administration\nwith the will annexed, a copy of the will must be attached to each\ncopy of the draft of the grant of representation sought.\n(5) The application and the documents accompanying it need not be\n\nRule 3006\n(6) A return date must not be set for the application unless the court\n","sortOrder":789},{"sectionNumber":"3006","sectionType":"section","heading":"Grant of representation—notice of intention to apply to","content":"3006 Grant of representation—notice of intention to apply to\nbe published online etc\n(1) A person intending to apply for grant of representation for an estate\nmust publish notice of the person’s intention to apply online on the\nACT Supreme Court website.\n• approved form 3.7 (Notice of intention to apply for probate)\nAF2022-7.\n• approved form 3.8 (Notice of intention to apply for letters of\nadministration—with will) AF2022-8.\n• approved form 3.9 (Notice of intention to apply for letters of\nadministration—no will) AF2022-6.\n(2) The notice must be published not less than 14 days, and not more than\n3 months, before the day the application is made.\n(3) The notice must include—\n(a) the name, including any known alias, of the deceased person in\nrelation to whom the grant is to be sought; and\n(b) if the deceased person left a will—\n(i) the deceased person’s address as shown in the will and, if\ndifferent, the deceased person’s last-known address; and\n(ii) the date of the will and any other testamentary documents\nfor which the grant of representation is sought; and\n(c) if the deceased person did not leave a will—the deceased\nperson’s last-known address; and\n\nRule 3007\n(d) an address for service for the person intending to apply for the\ngrant; and\n(e) a statement requiring creditors of the estate to send particulars\nof their claims to the address for service included in the notice;\nand\n(f) if an administration bond is required under rule 3045\n(Administration bond—requirement for bond) and the person\ngiving the notice wants to ask the court for the amount of the\nadministration bond to be less than the value of the estate, or to\ndispense with the bond under rule 3046 (Administration bond—\ndispensing with bond)—a statement of the proposed request.\n(4) If the court is not satisfied that a notice published under subrule (1) is\nsufficient advertisement of a person’s intention to apply for a grant of\nrepresentation, the court may, on its own initiative, require any other\nnotice it considers appropriate.\n","sortOrder":790},{"sectionNumber":"3007","sectionType":"section","heading":"Grant of administration—notice of intention to apply to be","content":"3007 Grant of administration—notice of intention to apply to be\nserved on non-applicant domestic partner or next of kin\n(1) This rule applies to an application for grant of administration of the\nestate of a deceased person made by only 1 or some of the people\nentitled to be administrators of the estate.\nNote See the Administration and Probate Act, s 12 for the people eligible to be\nadministrators.\n(2) At least 14 days before the day the application is filed in the court,\nthe applicant must serve notice of the application on each person (a\nrelevant person) who—\n(a) is a domestic partner or next of kin of the deceased person; and\n(b) if the person is a next of kin of the deceased person—is an adult;\nand\n(c) is not the applicant or 1 of the applicants; and\n\nRule 3008\n(d) has not consented to the application.\nNote 1 See approved form 3.10 (Consent to administration of estate)\nAF2017-166.\n(3) For each relevant person, either—\n(a) the application must be accompanied by the consent, by\naffidavit, of the relevant person to the application; or\nrelevant person—\n(i) has been served with notice of the application in\naccordance with subrule (2); or\n(ii) cannot be found.\n","sortOrder":791},{"sectionNumber":"3008","sectionType":"section","heading":"Grant of administration—notice of intention of creditor to","content":"3008 Grant of administration—notice of intention of creditor to\napply to be served on domestic partner and next of kin\n(1) This rule applies to an application for grant of administration of the\nestate of a deceased person made by a person as a creditor of the\ndeceased person.\n(2) At least 14 days before the day the application is filed, the applicant\nmust serve notice of the application, and a copy of the supporting\naffidavit to accompany the application, on each person (a relevant\nperson) who—\n(a) is a domestic partner or next of kin of the deceased person; and\n(b) if the person is a next of kin of the deceased person—is an adult;\nand\n(c) is not the applicant or 1 of the applicants; and\n\nRule 3009\n(d) has not consented to the application.\nNote 1 See approved form 3.10 (Consent to administration of estate)\nAF2006-338.\n(3) For each relevant person, either—\n(a) the application must be accompanied by the consent, by\naffidavit, of the relevant person to the application; or\nrelevant person—\n(i) has been served with notice of the application, and a copy\nof the supporting affidavit to accompany the application,\nin accordance with subrule (2); or\n(ii) cannot be found.\n","sortOrder":792},{"sectionNumber":"3009","sectionType":"section","heading":"Grant of representation—when notice of intention to","content":"3009 Grant of representation—when notice of intention to\napply to be served on public trustee and guardian\n(1) This rule applies to an application for grant of representation of the\nestate of a deceased person made by someone other than the public\ntrustee and guardian if the court has made an order under the\nAdministration and Probate Act, section 88 (Orders to public trustee\nand guardian to collect and administer) for the public trustee and\nguardian to collect and administer an estate.\n(2) At least 14 days before the day the application is filed, the applicant\nmust serve notice of the application, and a copy of the supporting\naffidavit to accompany the application, on the public trustee and\n(3) Either—\n(a) the application must be accompanied by the written consent of\nthe public trustee and guardian to the application; or\n\npublic trustee and guardian has been served with notice of the\napplication in accordance with subrule (2).\n(4) To remove any doubt, a copy of the supporting affidavit served under\nthis rule need not include details about the service of the notice and\nthe supporting affidavit.\n","sortOrder":793},{"sectionNumber":"3010","sectionType":"section","heading":"Grant of representation—supporting affidavit for","content":"3010 Grant of representation—supporting affidavit for\n(1) An affidavit made by a person supporting an application by the person\nfor grant of representation for the estate of a deceased person must\nstate the following:\n(a) the date of death or, if the date of death is not known, the\ncircumstances of death and the place of death of the deceased\nperson;\n(b) if the applicant is an individual—that the applicant is an adult;\n(c) the relationship (if any) of the applicant to the deceased person;\n(d) if a death certificate for the deceased person is annexed to the\naffidavit—that the deceased person is the person named in the\ndeath certificate;\n(e) if the application is made, for the first time, more than 6 months\nafter the date of the deceased person’s death—the reasons for\nthe delay;\n(f) whether the deceased person left property in the ACT;\n(g) if the deceased left property in the ACT—the estimated gross\nvalue of the property in the ACT;\n(h) whether the deceased person considered that the person’s\ndomicile was in the ACT;\n\n(i) if the application is made by the applicant as a guardian of a\nperson to whom rule 3116 (Grant of administration—grant to\nchild) applies—evidence that the applicant is the person’s\nguardian;\n(j) if the application is made by the applicant as a creditor of the\ndeceased person—the following particulars:\n(i) that the applicant is a creditor of the deceased person;\n(ii) the amount of the debt owed by the deceased person to the\napplicant;\n(iii) the particulars of the debt;\n(k) that, if the applicant is granted probate of the will or\nadministration of the estate, the applicant will administer the\nestate according to law and, if required, will give an account of\nthe administration to the court;\n(l) that notice of intention to make the application was published\nonline on the ACT Supreme Court website, and the date the\nnotice was published;\n(m) brief details of any responses to the publication of the notice\nfrom creditors of the estate.\n• approved form 3.11 (Affidavit of applicant for probate)\nAF2022-1.\n• approved form 3.12 (Affidavit of applicant for administration—with\nwill) AF2022-2.\n• approved form 3.13 (Affidavit of applicant for administration—no\nwill) AF2022-3.\n\nNote 2 The following provisions may require additional matters to be dealt with\nin the supporting affidavit:\n• r 3007 (3) (b) (Grant of administration—notice of intention to apply\nto be served on non-applicant domestic partner or next of kin)\n• r 3008 (3) (b) (Grant of administration—notice of intention of\ncreditor to apply to be served on domestic partner and next of kin)\n• r 3009 (3) (b) (Grant of representation—when notice of intention to\napply to be served on public trustee and guardian).\n(2) If the applicant is applying for grant of probate or letters of\nadministration with the will annexed for the estate of the deceased\nperson, the affidavit must also state the following:\n(a) the document accompanying the application and signed in the\nmargin by the applicant and the person taking the affidavit is the\nlast will of the deceased person;\n(b) if the application is for grant of probate—the applicant is the\nexecutor, or 1 of the executors, named in the will;\n(c) the will has not been revoked;\n(d) the applicant is, or is not, aware of the existence of any other\ndocument claiming to contain the testamentary intentions of the\n(e) the steps taken to find out whether there is any other document\nmentioned in paragraph (d);\n(f) how the applicant identified the will;\n(g) the names of the people who attested the will;\n(h) the names and addresses (if known) of the people named in the\nwill as the executors;\n(i) if the application is not made by the executor or all of the\nexecutors of the will—the reason the executor is not, or the other\nexecutors are not, applying for probate;\n\n(j) whether the deceased person married or entered into a civil\nunion or civil partnership after the will was made and, if so, the\ndate of the marriage or civil union or civil partnership and the\nname of the spouse or civil union partner or civil partner;\n(k) if under the Wills Act 1968, section 20A (Effect of termination\nof marriage, civil union or civil partnership), the deceased\nperson’s marriage, civil union or civil partnership is taken to\nhave been terminated—the date of the termination;\nNote 1 The Wills Act 1968, s 20A (4) provides that a marriage is taken to\nbe terminated if—\n(a) the marriage ends by divorce under the Family Law Act 1975\n(Cwlth); or\n(b) a decree of nullity is made under the Family Law Act 1975\n(Cwlth) in relation to the marriage; or\n(c) the marriage is annulled in accordance with the law of a\nplace outside Australia if the annulment is recognised in\nAustralia under the Family Law Act 1975 (Cwlth).\nNote 2 The Wills Act 1968, s 20A (4) provides that a civil union is taken\nto be terminated if the civil union ends under the\nCivil Unions Act 2012, div 2.4 (otherwise than on the death of a\nparty to the civil union).\nNote 3 The Wills Act 1968, s 20A (4) provides that a civil partnership is\ntaken to be terminated if the civil partnership ends under the\nDomestic Relationships Act 1994, div 4A.4 (otherwise than on the\ndeath of a party to the civil partnership).\n(l) whether the deceased person was an adult when the person made\nthe will or whether the person made the will in accordance with\nthe Wills Act 1968, section 8 (Children—testamentary capacity).\n(3) If the applicant is applying for letters of administration without the\nwill annexed for the estate of the deceased person, the affidavit must\nstate the following:\n(a) the deceased person did not leave a will;\n\n(b) the applicant is, or is not, aware of the existence of any\ndocument claiming to contain the testamentary intentions of the\n(c) the steps taken to find out whether the deceased person left a\nwill and whether there is any other document mentioned in\nparagraph (b);\n(d) the names of everyone with a beneficial interest in the estate;\n(e) the interest of everyone with a beneficial interest in the estate.\n(4) If a statement required to be included in the supporting affidavit can\nonly be made (or would be more appropriately made) by a person\nother than the applicant, the statement must be included in a separate\nsupporting affidavit made by that person and filed with the\n(5) If a supporting affidavit contains statements of information and\nbelief, the person making the affidavit must state the sources of the\ninformation and the reasons for the belief.\n(6) The following documents must be annexed to the supporting affidavit\n(or a relevant supporting affidavit):\n(a) any death certificate (or a certified copy of any death certificate)\nissued for the deceased person under the Births, Deaths and\nMarriages Registration Act 1997 or a corresponding law of\nanother jurisdiction;\n(b) any document (other than the last will of the deceased person)\nclaiming to contain the testamentary intentions of the deceased\nperson that is in the possession of the applicant or other person\nmaking the affidavit;\n(c) an inventory of the property of the estate;\n\nRule 3011\n(d) a copy of the notice (or each notice) required by rule 3006 (Grant\nof representation—notice of intention to apply to be published\nonline etc);\n(e) if the application is made by the applicant as a creditor of the\ndeceased person—documents sufficient to prove the deceased\nperson’s debt to the applicant;\n(f) for each person with a beneficial interest in the estate—\ndocuments sufficient to prove the person’s identity and the\nrelationship (if any) of the person to the deceased person.\nNote See also div 3.1.4 (Validity and form of wills).\n","sortOrder":794},{"sectionNumber":"3011","sectionType":"section","heading":"Grant of representation—affidavit of search","content":"3011 Grant of representation—affidavit of search\nAn affidavit of search accompanying an application for grant of\nrepresentation for the estate of a deceased person must state that the\nperson making the affidavit has arranged for a search of the registry\nand, based on information given to the person and the person’s belief,\nmade the following findings:\n(a) that a caveat against the application has, or has not, been filed in\nthe court and, if a caveat has been filed, details of the caveat and\nwhether it is still in force;\n(b) that another application for grant of representation for the estate\nhas, or has not, been made and, if another application has been\nmade, details of the application and the results of the\n(c) that a grant of representation has, or has not, been granted by the\ncourt for the estate and, if representation has been granted,\ndetails of the representation and whether the representation is\nstill in force.\nNote See approved form 3.14 (Affidavit of search) AF2017-170.\n\nRule 3012\n","sortOrder":795},{"sectionNumber":"3012","sectionType":"section","heading":"Grant of representation—proof of identity and death","content":"3012 Grant of representation—proof of identity and death\n(1) This rule applies if an application is made for grant of representation\nfor the estate of a deceased person.\n(2) The court may require further proof of the identity of the deceased\nperson or the applicant.\n(3) The court may, on application, allow a death to be proved otherwise\nthan by a death certificate.\n","sortOrder":796},{"sectionNumber":"3013","sectionType":"section","heading":"Grant of representation—further evidence, documents","content":"3013 Grant of representation—further evidence, documents\nand notices\n(1) This rule applies if an application is made for grant of representation\nfor the estate of a deceased person.\n(2) The court may require, on its own initiative or on application by an\ninterested person, further evidence to be given, further documents to\nbe filed and notices to be given, that it considers appropriate.\n","sortOrder":797},{"sectionNumber":"3014","sectionType":"section","heading":"Grant of representation—no grant to executor etc who","content":"3014 Grant of representation—no grant to executor etc who\nhas renounced\n(1) A person may renounce probate of the will or administration of the\nestate of a deceased person by affidavit.\nNote See approved form 3.15 (Renunciation of probate) AF2017-171.\n(2) If a person renounces probate of the will or administration of the\nestate of a deceased person, the person must not be granted\nrepresentation of the estate in another capacity.\n\nApplication for reseal of foreign grant Division 3.1.3\nRule 3015\n","sortOrder":798},{"sectionNumber":"3015","sectionType":"section","heading":"Grant of representation—when hearing not required","content":"3015 Grant of representation—when hearing not required\nUnless a caveat is in force in relation to the application or\ndivision 3.1.9 (Other probate proceedings) applies to the application,\nthe court may grant representation for the estate without a hearing.\n","sortOrder":799},{"sectionNumber":"3020","sectionType":"section","heading":"Reseal of foreign grant—application","content":"3020 Reseal of foreign grant—application\n(1) An application under the Administration and Probate Act, section 80\n(Reseal of grant made in reciprocating jurisdiction) must be made by\nNote See approved form 3.16 (Originating application—reseal of foreign\ngrant) AF2017-172.\n(a) a draft of the reseal sought, in duplicate, with a copy of the grant\nof probate or administration, or order to collect and administer,\nsought to be resealed attached; and\nNote See approved form 3.17 (Reseal of foreign grant) AF2017-173.\n(b) a copy of the grant or order mentioned in paragraph (a) sealed,\nor certified, by the court that made it; and\n(c) a supporting affidavit; and\nNote Rule 3022 (Reseal of foreign grant—supporting affidavit for\napplication) deals with the contents of the supporting affidavit.\n(d) an affidavit of search; and\nNote Rule 3023 (Reseal of foreign grant—affidavit of search) deals with\nthe contents of the affidavit of search.\n(e) anything else required under a territory law.\n\nRule 3021\n(3) The application and the documents accompanying it need not be\n","sortOrder":800},{"sectionNumber":"3021","sectionType":"section","heading":"Reseal of foreign grant—notice of intention to apply to be","content":"3021 Reseal of foreign grant—notice of intention to apply to be\npublished online etc\n(1) A person intending to make an application under the Administration\nand Probate Act, section 80 must publish notice of the person’s\nintention to apply online on the ACT Supreme Court website.\nNote See approved form 3.18 (Notice of intention to apply for reseal of foreign\ngrant) AF2022-4.\n(2) The notice must be published not less than 14 days, and not more than\n3 months, before the day the application is made.\n(3) The notice must include—\n(a) the name, including any known alias, of the deceased person in\nrelation to whom the application is to be made; and\n(b) an address for service for the person intending to make the\n(4) If the court is not satisfied that a notice published under subrule (1) is\nsufficient advertisement of a person’s the intention to make an\napplication under the Administration and Probate Act, section 80, the\ncourt may, on its own initiative, require any other notice it considers\n\nApplication for reseal of foreign grant Division 3.1.3\nRule 3022\n","sortOrder":801},{"sectionNumber":"3022","sectionType":"section","heading":"Reseal of foreign grant—supporting affidavit for","content":"3022 Reseal of foreign grant—supporting affidavit for\n(1) An affidavit made by a person supporting an application by the person\nunder the Administration and Probate Act, section 80 must state the\n(a) probate of the will, letters of administration of the estate, or an\norder to collect and administer the estate, of a deceased person\nhas been granted or made by a court of competent jurisdiction in\na reciprocating jurisdiction;\n(b) the name of the court that made the grant or order and the date\nthe grant or order was made;\n(c) that the grant or order has not been revoked;\n(d) whether the applicant is the person to whom the grant was made\nor for whom the order was made;\n(e) if the applicant is not that person—whether the applicant is\nauthorised, under a power of attorney, by that person to make\nthe application and, if so, that the applicant has not been given\nnotice of revocation of the power of attorney;\n(f) whether the deceased person left property in the ACT;\n(g) if the deceased left property in the ACT—the estimated gross\nvalue of the property in the ACT;\n(g) that, if the application is granted, the applicant will administer\nthe estate according to law and, if required, will give an account\nof the administration to the court;\n(h) that notice of intention to make the application was published\nonline on the ACT Supreme Court website, and the date the\nnotice was published;\n\nRule 3023\n(i) for each notice required under rule 3021 (4) (Reseal of foreign\ngrant—notice of intention to apply to be published online etc)—\nhow the requirement for the notice was complied with.\nNote See approved form 3.19 (Affidavit of applicant for reseal of foreign grant)\nAF2022-5.\n(2) If the supporting affidavit contains statements of information and\nbelief, the applicant must state the sources of the information and the\nreasons for the belief.\n(3) the following documents must be annexed to the supporting affidavit:\n(a) a copy of the notice (or each notice) required by rule 3021;\n(b) an inventory of the property of the estate in the ACT;\n","sortOrder":802},{"sectionNumber":"3023","sectionType":"section","heading":"Reseal of foreign grant—affidavit of search","content":"3023 Reseal of foreign grant—affidavit of search\nAn affidavit of search accompanying an application under the\nAdministration and Probate Act, section 80 in relation to the estate of\na deceased person must state that the person making the affidavit has\narranged for a search of the registry and, based on information given\nto the person and the person’s belief, made the following findings:\n(a) that a caveat against the application has, or has not, been filed in\nthe court and, if a caveat has been filed, details of the caveat and\nwhether it is still in force;\n(b) that another application under the Administration and Probate\nAct, section 80 has, or has not, been made in relation to the estate\nand, if another application has been made, details of the\napplication and the results of the application;\n(c) probate of the will, letters of administration of the estate, or an\norder to collect and administer the estate, of the deceased person\nhas, or has not, been resealed by the court and, if it has been,\ndetails of the resealing and whether it is still in force.\nNote See approved form 3.20 (Affidavit of search—reseal of foreign grant)\nAF2017-175.\n\nValidity and form of wills Division 3.1.4\nRule 3024\n","sortOrder":803},{"sectionNumber":"3024","sectionType":"section","heading":"Reseal of foreign grant—when hearing required","content":"3024 Reseal of foreign grant—when hearing required\n(1) This rule applies to an application under the Administration and\nProbate Act, section 80 (Resealing of grant made in reciprocating\njurisdiction).\n(2) Unless a caveat is in force in relation to the application or\ndivision 3.1.9 (Other probate proceedings) applies to the application,\nthe court may grant the application without a hearing.\n","sortOrder":804},{"sectionNumber":"3030","sectionType":"section","heading":"Grant of representation—evidence of proper attestation","content":"3030 Grant of representation—evidence of proper attestation\nof will\nadministration of a will.\n(2) If it appears to the court that the will has been attested in the way\nrequired by law, the court may accept the attestation as evidence of\nthe proper making of the will.\n(3) If there is no attestation clause or the attestation clause does not show\nhow the will was made, the applicant must file an affidavit made by\na witness who attested the will stating how the will was made.\n(4) However, if it is not practicable to comply with subrule (3) because,\nfor example, the witnesses who attested the will are dead, the\napplicant must file an affidavit made by someone else present when\nthe will was made and stating how the will was made.\n(5) If it is not practicable for the applicant to comply with subrule (4)\nbecause, for example, no-one else was present when the will was\nmade, the applicant must file an affidavit stating why it is not\npracticable and, if possible, giving evidence of the handwriting of the\nwitnesses.\n(6) The applicant must also state in the affidavit anything else relevant\nabout the making of the will.\n\nRule 3031\n","sortOrder":805},{"sectionNumber":"3031","sectionType":"section","heading":"Grant of representation—will by blind or illiterate person","content":"3031 Grant of representation—will by blind or illiterate person\nadministration of a will that—\n(a) has been made by a blind or apparently illiterate testator; or\n(b) appears to have been signed by someone else on behalf of the\ntestator; or\n(c) was made under circumstances that raise doubt about whether\nthe testator knew or approved of the will’s contents.\n(2) The applicant must file an affidavit giving evidence that, when the\ntestator signed the will, the testator knew and approved of its contents.\n(3) If an affidavit mentioned in subrule (2) is made by a witness who\nattested the will or by someone else present when the will was made,\nthe affidavit must state how the will was made.\n(4) However, unless the court otherwise orders on application by an\ninterested person or on its own initiative, it is not necessary to obtain\nevidence of the making of a blind or apparently illiterate testator’s\nwill if—\n(a) the will specifically states the testator is blind or apparently\nilliterate; and\n(b) the attestation of the witnesses who signed the will\nacknowledges that the testator knew and approved of the\ncontents of the will.\n","sortOrder":806},{"sectionNumber":"3032","sectionType":"section","heading":"Grant of representation—alterations in will","content":"3032 Grant of representation—alterations in will\nadministration of a will that appears to have been altered.\n(2) The court may require evidence about the alteration.\n\nValidity and form of wills Division 3.1.4\nRule 3033\n(3) The court must not include the alteration in a grant of representation\nunless the alteration—\n(a) was in the will when the will was made; or\n(b) if made afterwards—was made and attested in a way required\nby law; or\nNote The Wills Act 1968, s 12 (Alteration in will) deals with the validity of\nalterations made after the execution of the will.\n(c) was made valid by the remaking of the will or a later codicil.\n(4) If it is not shown when the alteration was made, and the words altered\ncan, on inspection, be easily worked out, the original words may be\nincluded in the grant of representation.\n(5) If the erased words may have been of importance, the erasure must\nbe explained by evidence.\nalter includes alter by omission, substitution or addition.\n","sortOrder":807},{"sectionNumber":"3033","sectionType":"section","heading":"Grant of representation—documents mentioned in or","content":"3033 Grant of representation—documents mentioned in or\nattached to will\nadministration of a will.\n(2) If the will mentions another document and raises a question whether\nthe document does or does not form part of the will, the applicant\nmust produce the other document or, if possible, explain its absence.\n(3) The court must not include in a grant of representation a document\nmentioned in the will unless it appears to the court to have been in\nexistence when the will was made.\n(4) If there is any evidence supporting the inference that any paper may\nhave been attached to the will, the applicant must produce the paper\nor, if possible, explain its absence.\n\nRule 3034\n","sortOrder":808},{"sectionNumber":"3034","sectionType":"section","heading":"Grant of representation—evidence of proper execution of","content":"3034 Grant of representation—evidence of proper execution of\nwill etc\nadministration of a will and—\n(a) the court considers that—\n(i) there is doubt about the proper execution or attestation of\nthe will; or\n(ii) any circumstances in relation to the making of the will need\nexplanation; or\n(iii) there is doubt about the date the will was made; or\n(b) the will is undated.\n(2) The court may, by order, require evidence about the execution,\nattestation or making of the will, including the date the will was made.\n(3) The court may make an order under subrule (2) on application by an\ninterested person or on its own initiative.\n(4) The court may make an order under subrule (2) even though the\nfollowing rules may have been complied with:\n• rule 3030 (Grant of representation—evidence of proper\nattestation of will)\n• rule 3031 (Grant of representation—will by blind or illiterate\nperson).\n","sortOrder":809},{"sectionNumber":"3035","sectionType":"section","heading":"Grant of representation—will inoperative or partly","content":"3035 Grant of representation—will inoperative or partly\ninoperative\n(a) a person applies for grant of probate or administration of a will\nof a deceased person; and\n\nRule 3045\n(b) it appears to the court that the will is inoperative or partly\ninoperative.\n(2) The court may require the applicant to file an affidavit stating what,\nif any, domestic partner, next of kin or other relatives survived the\ndeceased person so far as known and material in law to the right to\nadminister or share in the estate.\n","sortOrder":810},{"sectionNumber":"3045","sectionType":"section","heading":"Administration bond—requirement for bond","content":"3045 Administration bond—requirement for bond\n(1) This rule applies if a person applies for grant of letters of\nadministration without the will annexed for the estate of a deceased\n(2) As a condition of granting administration to the person, the court may\nrequire 1 or more sureties acceptable to the court to guarantee by bond\n(an administration bond) that they will make good, up to the required\namount, any loss that anyone interested in the administration of the\nestate may have because of a breach by the administrator of the\nadministrator’s duties.\nNote See approved form 3.21 (Administration bond) AF2017-176.\n(3) However, an administration bond must not be required if\nadministration is granted to—\n(a) a person on behalf of the Territory, the Commonwealth, a State\nor another Territory; or\n(b) the public trustee and guardian of the Territory, a State or\nanother Territory; or\n(c) a trustee company.\n\nRule 3046\n(4) An administration bond for an estate has effect for the benefit of\neveryone interested in the administration of the estate as if contained\nin a deed made by the surety or sureties with each interested person\nand, if there are 2 or more sureties, as if they had bound themselves\njointly and severally.\n(5) On application by the administrator or on its own initiative, the court\nmay decide that the required amount for an administration bond for\nan estate is less than the value of the estate.\nrequired amount, for an administration bond for an estate, means—\n(a) the value of the estate; or\n(b) a lesser amount decided by the court under subrule (5); or\n(c) if the value of the estate is less than $10 000—a lesser amount\ndecided by the registrar.\n","sortOrder":811},{"sectionNumber":"3046","sectionType":"section","heading":"Administration bond—dispensing with bond","content":"3046 Administration bond—dispensing with bond\n(1) This rule applies in relation to an estate if—\n(a) all or any part of the estate passes to the person to whom\nadministration is granted; or\n(b) all or any part of the estate passes to beneficiaries who are of full\nlegal capacity and the beneficiaries consent, in writing, to the\nadministration bond for the estate being dispensed with.\n(2) On application by an administrator or beneficiary or on its own\ninitiative, the court may dispense with the administration bond in\nrelation to the estate or part of the estate.\n\nRule 3047\n(3) The application may be made in the application for letters of\nadministration or by application in the proceeding.\nNote Pt 6.2 (Applications in proceedings) applies to an application in the\nproceeding for an order to dispense with an administration bond.\n","sortOrder":812},{"sectionNumber":"3047","sectionType":"section","heading":"Administration bond—affidavit of justification","content":"3047 Administration bond—affidavit of justification\n(1) A surety, other than an exempt surety, must justify by affidavit.\nNote See approved form 3.22 (Affidavit of justification) AF2017-177.\n(2) A surety that is a corporation must make an affidavit by a proper\nofficer.\n(3) An affidavit by a surety for an administration bond must contain\nenough information about the surety’s financial position to satisfy the\nregistrar that the surety can meet any claim under the bond.\n(4) The registrar may accept an affidavit of justification from a\ncorporation at least once every year instead of requiring an affidavit\nin every case that the corporation is a surety.\n(5) The registrar may require a surety for an administration bond who\njustifies by affidavit to give the registrar further information if there\nis not enough information in the affidavit for the registrar to be\nsatisfied that the surety can meet any claim under the bond.\n(6) The further information must be given in the way the registrar\nrequires, either—\n(a) by another affidavit; or\n(b) by the oral examination of the person who made the affidavit of\njustification on oath before the registrar.\nexempt surety means—\n(a) an authorised deposit-taking institution; or\n\nRule 3048\n(b) an entity declared by the registrar under rule 3048 (1) to be an\nexempt surety.\nNote Authorised deposit-taking institution is defined in the Legislation Act,\ndict, pt 1 as an authorised deposit-taking institution under the Banking\nAct 1959 (Cwlth).\n","sortOrder":813},{"sectionNumber":"3048","sectionType":"section","heading":"Administration bond—exempt surety","content":"3048 Administration bond—exempt surety\n(1) The registrar may declare an entity to be an exempt surety.\n(2) A declaration is a notifiable instrument.\n","sortOrder":814},{"sectionNumber":"3049","sectionType":"section","heading":"Administration bond—addition or reduction after required","content":"3049 Administration bond—addition or reduction after required\nbut before given\n(1) This rule applies if the court requires an administration bond under\nrule 3045 (Administration bond—requirement for bond) for an estate\nto be given by a surety or sureties for a particular amount.\n(2) On the application of anyone interested in the estate or on its own\ninitiative on the registrar’s report, the court may, at any time before\nthe bond has been given by the surety or sureties, order that the\namount be reduced or increased.\n(3) However, application must not be made if the court has made a\ndecision about the amount under rule 3045 (5).\n(4) The court may remove the administrator for the estate and appoint\nsomeone else in the administrator’s place with power to sue or be\nsued on any contract made by the removed administrator if—\n(a) the court makes an order under subrule (2) that the amount be\nincreased; and\n(b) the surety or sureties will not guarantee the increased amount;\nand\n\nRule 3050\n(c) the administrator does not produce another surety or other\nsureties to cover the increased amount.\nrequired amount—see rule 3045 (6).\n","sortOrder":815},{"sectionNumber":"3050","sectionType":"section","heading":"Administration bond—addition or reduction after given","content":"3050 Administration bond—addition or reduction after given\n(1) This rule applies if an administration bond is given under rule 3045\n(Administration bond—requirement for bond) for an estate.\n(2) On the application of anyone interested in the estate or on its own\ninitiative on the registrar’s report, the court may, at any time—\n(a) require the surety or sureties to give an additional administration\nbond; or\n(b) order that the liability of a surety under the bond be reduced by\na stated amount.\n(3) The court may remove the administrator for the estate and appoint\nsomeone else in the administrator’s place with power to sue or be\nsued on any contract made by the removed administrator if—\n(a) the additional administration bond is not given by the surety or\nsureties; and\n(b) the administrator does not produce another surety or other\nsureties to give the additional bond.\n(4) For these rules, an additional administration bond under this rule is\ntaken to be an administration bond under rule 3045.\n\nRule 3051\n","sortOrder":816},{"sectionNumber":"3051","sectionType":"section","heading":"Administration bond—proceeding on bond","content":"3051 Administration bond—proceeding on bond\n(1) A proceeding on an administration bond may only be started with the\nstart a proceeding on an administration bond.\n(2) A stamped copy of the application and supporting affidavits must be\nserved on the administrator and surety.\n","sortOrder":817},{"sectionNumber":"3052","sectionType":"section","heading":"Administration bond—application by surety","content":"3052 Administration bond—application by surety\nOn application by a surety to an administration bond, the court may\ngrant the relief it considers appropriate if it appears to the court that\neither or both of the following apply:\n(a) the estate is being wasted, or is in danger of being wasted;\n(b) the surety is being in any way prejudiced, or in danger of being\nprejudiced, by the act or omission of the person administering\nthe estate.\nNote Pt 6.2 (Applications in proceedings) applies to an application for relief\n","sortOrder":818},{"sectionNumber":"3053","sectionType":"section","heading":"Administration bond—reseal of foreign grant","content":"3053 Administration bond—reseal of foreign grant\nThis division applies, with any necessary changes, to the sealing of\nletters of administration, or order to collect and administer an estate,\nunder the Administration and Probate Act, section 80 (Reseal of grant\nmade in reciprocating jurisdiction).\n\nAdministration by public trustee and guardian Division 3.1.6\nRule 3055\nDivision 3.1.6 Administration by public trustee and\nguardian\n","sortOrder":819},{"sectionNumber":"3055","sectionType":"section","heading":"Administration by public trustee and guardian—","content":"3055 Administration by public trustee and guardian—\n(1) An application by the public trustee and guardian under the\nAdministration and Probate Act, section 88 (Orders to public trustee\nand guardian to collect and administer) to collect and administer the\nestate of a deceased person must be supported by an affidavit\n(a) the person has died, and the date and place of the person’s death;\nand\n(b) whether the person died with or without leaving a will; and\n(c) whether the person left real or personal property in the ACT; and\n(d) the names of any surviving domestic partner or next of kin.\nNote 1 See approved form 3.23 (Affidavit in support of application by public\ntrustee and guardian) AF2017-178.\n(2) The affidavit may include anything else the public trustee and\nguardian considers necessary.\n","sortOrder":820},{"sectionNumber":"3056","sectionType":"section","heading":"Administration by public trustee and guardian—","content":"3056 Administration by public trustee and guardian—\nrenunciation of probate by executors\n(1) This rule applies if the executors of the will of a deceased person want\nto renounce their rights to apply for probate in favour of the public\ntrustee and guardian.\n(2) The executors must give the public trustee and guardian a notice of\nrenunciation by affidavit.\nNote See approved form 3.24 (Notice of renunciation of probate in favour of\npublic trustee and guardian) AF2017-179.\n\nDivision 3.1.6 Administration by public trustee and guardian\nRule 3057\n(3) The public trustee and guardian must file the notice of renunciation\n","sortOrder":821},{"sectionNumber":"3057","sectionType":"section","heading":"Administration by public trustee and guardian—","content":"3057 Administration by public trustee and guardian—\nrenunciation of letters of administration by entitled\npeople\n(a) a person died without leaving a will; and\n(b) the people primarily entitled to administration of the deceased\nperson’s estate want to renounce their rights to letters of\nadministration in favour of the public trustee and guardian.\n(2) The people must give the public trustee and guardian notice of\nrenunciation by affidavit.\nNote See approved form 3.25 (Notice of renunciation of letters of\nadministration in favour of public trustee and guardian) AF2017-180.\n(3) The public trustee and guardian must file the notice of renunciation\n","sortOrder":822},{"sectionNumber":"3058","sectionType":"section","heading":"Administration by public trustee and guardian—service","content":"3058 Administration by public trustee and guardian—service\nof documents on public trustee and guardian\n(a) the public trustee and guardian is administering an estate; and\n(b) someone else brings a proceeding in a court in relation to the\nestate; and\n(c) the public trustee and guardian is not a party to the proceeding.\n(2) A sealed or stamped copy of every document filed in the proceeding\nmust be served on the public trustee and guardian.\n\nRule 3065\n","sortOrder":823},{"sectionNumber":"3065","sectionType":"section","heading":"Definitions—div 3.1.7","content":"3065 Definitions—div 3.1.7\ncaveator means a person who files a caveat in the court under this\ngrant of representation, for an estate, includes a resealing by the\ncourt of a grant of probate or administration, or of an order to collect\nand administer, for the estate made by a court of competent\njurisdiction of a reciprocating jurisdiction.\n","sortOrder":824},{"sectionNumber":"3066","sectionType":"section","heading":"Caveat—filing","content":"3066 Caveat—filing\n(1) A person claiming to have an interest in an estate may file a caveat in\nNote See approved form 3.26 (Caveat) AF2017-181.\n(2) A caveat may be—\n(a) a caveat against a grant of representation for the estate; or\n(b) a caveat requiring proof in solemn form of any will of the\ndeceased person; or\n(c) if a grant of probate is made on presumption of the death of the\nperson under the Administration and Probate Act 1929,\nsection 9B—a caveat against distribution of the estate.\n(3) A caveat mentioned in subrule (2) (a) or (b) may be filed at any time\nbefore a grant of representation is made for the estate.\n(4) A caveat mentioned in subrule (2) (c) may be filed at any time before\nthe estate has been fully distributed.\n(5) The caveat must state fully the nature of the caveator’s interest and\nthe grounds of the caveator’s objection.\n\nRule 3066\n(6) If probate or letters of administration is sought in relation to a will\n(including a document claiming to contain the testamentary intentions\nof the deceased person), the grounds of objection may be stated as\nfollows:\n(a) that there is a later will executed, or act of revocation or made,\non a stated date;\n(b) that the will was not executed by the testator;\n(c) that the will was not executed in accordance with a stated\nprovision of the Wills Act 1968;\n(d) that the document for which probate or administration is sought\nwas not executed in accordance with the Wills Act 1968 and was\nnot intended by the deceased person to be the deceased person’s\nwill;\n(e) that the testator lacked testamentary capacity at the time of\nexecution of the will;\n(f) that the testator executed the will under the undue influence of a\nnamed person.\n(7) If a grant of representation is sought for an intestate estate, the\ngrounds of objection may be stated as follows:\n(a) that a will executed on a stated date exists;\n(b) that the applicant for the grant of representation does not have\nthe capacity or stand in the relationship for which the applicant\nseeks administration;\n(c) that the caveator or someone else seeking administration has a\nbetter stated right;\n(d) that the proposed administrator is disqualified because of a\nstated reason.\n\nRule 3067\n(8) Subrules (6) and (7) do not limit the grounds of objection that may be\nstated in a caveat.\n(9) The caveat must give an address for service of the caveator.\n","sortOrder":825},{"sectionNumber":"3067","sectionType":"section","heading":"Caveat—service","content":"3067 Caveat—service\n(1) If a person who files a caveat mentioned in rule 3066 (2) (a) or (b) in\nrelation to an estate knows that someone else is making or intending\nto make application for grant of representation for the estate, the\nperson must serve a stamped copy of the caveat on the other person\nas soon as possible, but no later than 7 days after the day the caveat\nis filed.\n(2) If a person who files a caveat mentioned in rule 3066 (2) (c) in relation\nto an estate knows that someone else is distributing or intending to\ndistribute the estate, the person must serve a stamped copy of the\ncaveat on the other person as soon as possible, but no later than 7 days\nafter the day the caveat is filed.\n","sortOrder":826},{"sectionNumber":"3068","sectionType":"section","heading":"Caveat—period of operation","content":"3068 Caveat—period of operation\n(1) A caveat takes effect when it is filed in the court.\n(2) A caveat remains in force for 6 months unless it is set aside or\nwithdrawn under this division.\n(3) A caveat may be renewed by filing a new caveat in the court.\n","sortOrder":827},{"sectionNumber":"3069","sectionType":"section","heading":"Caveat—setting aside","content":"3069 Caveat—setting aside\n(a) a person has applied or intends to apply for grant of\nrepresentation for an estate; and\n\nRule 3069\n(b) a caveat is in force in relation to the granting of representation\nfor the estate;\nthe person may apply to the court for an order setting aside the caveat.\n(2) If the person has applied for grant of representation, the application\nmust be made in that proceeding.\n(3) If the person intends to apply for grant of representation, the\napplication must be made by originating application, naming the\ncaveator as a defendant.\n(4) The court may set aside the caveat if it considers that the evidence\ndoes not—\n(a) show that the caveator has an interest in the estate or a\nreasonable prospect of establishing an interest; or\n(b) raise doubt about whether the grant of representation should be\n(5) If the court sets aside the caveat under subrule (4), the caveator must\nnot file another caveat in the court in relation to the estate without the\n(6) If the court does not set aside the caveat under subrule (4), the court\nmay give the directions it considers appropriate for the application to\nbe decided quickly, including a direction for the caveator to start a\nproceeding within a stated time.\n(7) The court may give directions under subrule (6) on application by a\n\nRule 3070\n(8) If the court gives a direction under subrule (6) for the caveator to start\na proceeding with a stated time and the caveator fails to start a\nproceeding within that time, the caveat is taken to have been\nwithdrawn.\n","sortOrder":828},{"sectionNumber":"3070","sectionType":"section","heading":"Caveat—withdrawal if no pending proceeding for grant of","content":"3070 Caveat—withdrawal if no pending proceeding for grant of\nrepresentation etc\n(1) This rule applies to a caveat in relation to an estate if—\n(a) an application has not been made for grant of representation for\nthe estate; or\n(b) the caveator is the sole applicant for grant of representation for\nthe estate.\n(2) The caveator may withdraw the caveat by filing a notice of\nwithdrawal in the court.\nNote See approved form 3.27 (Notice of withdrawal of caveat) AF2017-182.\n(3) The caveat is withdrawn on the filing of the notice.\n","sortOrder":829},{"sectionNumber":"3071","sectionType":"section","heading":"Caveat—leave to withdraw","content":"3071 Caveat—leave to withdraw\n(1) This rule applies to a caveat in relation to an estate if rule 3070\n(Caveat—withdrawal if no pending proceeding for grant of\nrepresentation etc) does not apply to the caveat.\n(2) The caveator may withdraw the caveat only with the court’s leave.\ngives leave under a provision of these rules, it may give the leave on the\nconditions it considers appropriate, including a condition about costs.\n(3) If the court gives leave for the caveat to be withdrawn, the caveat is\ntaken to be withdrawn when the leave is given.\n\nRule 3072\n","sortOrder":830},{"sectionNumber":"3072","sectionType":"section","heading":"Caveat—effect if filed on day of grant","content":"3072 Caveat—effect if filed on day of grant\nA caveat does not affect a grant of representation made on the day the\ncaveat is filed in the court, unless it is filed before the grant is sealed.\nNote A caveat against a grant of representation may be filed any time before a\ngrant of representation is made (see r 3066 (3) (Caveat—filing)).\n","sortOrder":831},{"sectionNumber":"3080","sectionType":"section","heading":"Revocation of grant—urgent order before start of","content":"3080 Revocation of grant—urgent order before start of\n(a) in urgent circumstances; and\n(b) if the person applying for an order mentioned in subrule (2)\nintends to start a proceeding for revocation of a grant of\nrepresentation.\n(2) Before the proceeding starts, the court may order the personal\nrepresentative to bring the original grant, and all sealed copies of the\ngrant, into the registry.\n(3) An application for an order mentioned in subrule (2) must be made\n(4) An application for an order mentioned in subrule (2) should be served,\nbut if the court is satisfied there is adequate reason for doing so, it\nmay make the order without the application being served on anyone.\n(5) The person must give an undertaking to the court that the person will\nfile an originating application for revocation of the grant of\nrepresentation not later than—\n(a) the end of the time ordered by the court; or\n\nRevocation of grant Division 3.1.8\nRule 3081\n(b) if the court does not make an order mentioned in\nparagraph (a)—2 days after the day the order mentioned in\nsubrule (2) is made.\n","sortOrder":832},{"sectionNumber":"3081","sectionType":"section","heading":"Revocation of grant—application","content":"3081 Revocation of grant—application\n(1) This rule applies if, after probate of a will or administration of an\nestate has been granted—\n(a) a person interested in the estate wants the grant revoked; or\n(b) the personal representative wants to retire from the\nadministration.\n(2) The person must apply in the proceeding in which the grant of\nrepresentation was made for an order to revoke the grant.\nrevocation of a grant.\n(3) An application must be supported by an affidavit setting out the facts\nrelied on and the grounds on which the order is sought.\n","sortOrder":833},{"sectionNumber":"3082","sectionType":"section","heading":"Revocation of grant—orders","content":"3082 Revocation of grant—orders\nOn the hearing of an application for revocation of a grant of\nrepresentation, the court may make any of the following orders:\n(a) an order revoking the grant;\n(b) an order revoking the grant and making a limited grant of\nrepresentation;\n(c) an order under rule 3091 (2) (Application—div 3.1.9).\n\nRule 3083\n","sortOrder":834},{"sectionNumber":"3083","sectionType":"section","heading":"Revocation of grant—return of original grant","content":"3083 Revocation of grant—return of original grant\nIf the court revokes a grant of representation or replaces it with a\nlimited grant of representation, the personal representative must bring\nthe original grant, and all sealed copies of the grant, into the registry\nas soon as possible, but not later than 7 days after the day the order is\n","sortOrder":835},{"sectionNumber":"3090","sectionType":"section","heading":"Definitions—div 3.1.9","content":"3090 Definitions—div 3.1.9\ndivision 3.1.9 proceeding means a proceeding to which this division\napplies.\nNote Rule 3091 deals with the proceedings to which this division applies.\nscript means any of the following:\n(a) a will;\n(b) a draft of a will;\n(c) documentary instructions for a will made by or at the request of\na testator;\n(d) a solicitor’s attendance notes containing a client’s instructions\nwritten down from the client’s oral instructions;\n(e) for a will alleged to have been lost or destroyed—another\ndocument that is or may be evidence of the contents, or a copy,\nof the will.\n","sortOrder":836},{"sectionNumber":"3091","sectionType":"section","heading":"Application—div 3.1.9","content":"3091 Application—div 3.1.9\n(1) This division applies to the following proceedings:\n(a) a proceeding in which the court is asked to pronounce for or\nagainst the validity of a will;\n\nOther probate proceedings Division 3.1.9\nRule 3091\n(b) a proceeding brought in opposition to an application for a grant\nof representation;\n(c) a proceeding under the Wills Act 1968, section 11A (Validity of\nwill etc not executed with required formalities);\n(d) a proceeding in opposition to an application under the\nAdministration and Probate Act, section 80 (Reseal of grant\nmade in reciprocating jurisdiction);\n(e) a proceeding for the removal of an executor;\n(f) a proceeding for the revocation of a grant of representation;\n(g) any other proceeding in relation to which the court makes an\norder under subrule (2).\n(2) On application by an interested person or on its own initiative, the\ncourt may, at any stage of a proceeding started in the court in relation\nto an estate—\n(a) order that a proceeding continue as if it were a proceeding to\nwhich this division applied; and\n(c) make any orders it considers appropriate.\n\nRule 3092\n","sortOrder":837},{"sectionNumber":"3092","sectionType":"section","heading":"Division 3.1.9 proceeding—starting","content":"3092 Division 3.1.9 proceeding—starting\n(1) If a person wants to start a division 3.1.9 proceeding in relation to an\nestate and a proceeding is not before the court in relation to the estate,\nthe person must bring the proceeding by originating application.\n(2) If a person wants to start a division 3.1.9 proceeding in relation to an\nestate and a proceeding is before the court in relation to the estate, the\nperson must bring the proceeding by application in that proceeding.\n","sortOrder":838},{"sectionNumber":"3093","sectionType":"section","heading":"Division 3.1.9 proceeding—application for revocation","content":"3093 Division 3.1.9 proceeding—application for revocation\n(1) This rule applies to a division 3.1.9 proceeding—\n(a) that is started by originating application; and\n(b) in which the relief sought is, or includes, the revocation of a\ngrant of representation.\n(2) The originating application must name as a defendant each person to\nwhom the grant was made.\n","sortOrder":839},{"sectionNumber":"3094","sectionType":"section","heading":"Division 3.1.9 proceeding—affidavits","content":"3094 Division 3.1.9 proceeding—affidavits\n(1) This rule applies to a division 3.1.9 proceeding in relation to an estate\nthat is started by a person by originating application or an application\n(2) The application must be supported by an affidavit stating the nature\nof the person’s interest in the estate and, for an affidavit supporting\nan originating application, the interest in the estate of each defendant\nnamed in the originating application.\n\nOther probate proceedings Division 3.1.9\nRule 3095\n(3) The court may give directions about the filing and contents of any\nother affidavits in the proceeding, including a direction for affidavits\nof scripts to be filed.\n","sortOrder":840},{"sectionNumber":"3095","sectionType":"section","heading":"Division 3.1.9 proceeding—affidavits of scripts","content":"3095 Division 3.1.9 proceeding—affidavits of scripts\n(1) This rule applies if, in a division 3.1.9 proceeding, the court gives a\ndirection under rule 3094 for affidavits of scripts to be filed.\n(2) The plaintiff, and any party who files a notice of intention to respond,\nmust each file in the court an affidavit—\n(i) describing any script of the deceased person of which the\nperson knows; or\n(ii) if the party does not know of any script of the deceased\nperson—stating the party does not know of any script of\nthe deceased person; and\n(b) if the party making the affidavit does not have possession of any\nknown script—\n(i) stating the name and address of the person who has, last\nhad, or is believed to have or last had, possession of the\nscript and the grounds for any belief; or\n(ii) if the party does not know who has possession of the\nscript—stating that fact.\n(3) The party must ensure any script in the party’s possession is filed as\nan exhibit to the affidavit.\n\nRule 3096\n(4) If the party does not possess the original script, the party must file a\ncopy of the original script in the party’s possession as an annexure to\n(5) The affidavit of a party who files a notice of intention to respond must\nbe filed not later than 14 days after the day the person files the notice\nof intention to respond.\n","sortOrder":841},{"sectionNumber":"3096","sectionType":"section","heading":"Division 3.1.9 proceeding—directions for notice to people","content":"3096 Division 3.1.9 proceeding—directions for notice to people\nwith beneficial interests\n(1) This rule applies to a division 3.1.9 proceeding in relation to an estate\nthat is started by originating application.\n(2) The court may give directions about whether the plaintiff is to serve\nnotice on anyone else who has a beneficial interest in the estate.\n","sortOrder":842},{"sectionNumber":"3097","sectionType":"section","heading":"Division 3.1.9 proceeding—notice of intention to","content":"3097 Division 3.1.9 proceeding—notice of intention to\nintervene\n(1) Anyone not named in the originating application in a division 3.1.9\nproceeding in relation to an estate may give notice of intention to\nintervene in the proceeding by filing in the court an affidavit showing\nthat the person has an interest in the estate.\n(2) The affidavit must include an address for service for the person.\n(3) The person must serve a stamped copy of the affidavit on everyone\nnamed in the proceeding.\n\nRule 3098\n","sortOrder":843},{"sectionNumber":"3098","sectionType":"section","heading":"Division 3.1.9 proceeding—filing of grant of","content":"3098 Division 3.1.9 proceeding—filing of grant of\n(1) This rule applies if, in a division 3.1.9 proceeding, the relief sought\nis, or includes, the revocation of a grant of representation of an estate.\n(2) The court may, at any time, order the personal representative to bring\nthe original grant, and all sealed copies of the grant, into the registry.\nNote 2 The grant and sealed copies must be brought into the registry as soon as\npossible (see Legislation Act, s 151B (Doing things for which no time is\nfixed)) unless the court gives a direction about when they must be brought\ninto the registry.\nDivision 3.1.10 Administration and probate—other\nprovisions\n","sortOrder":844},{"sectionNumber":"3110","sectionType":"section","heading":"Administration and probate—registrar may make","content":"3110 Administration and probate—registrar may make\ninquiries\n(1) For this part, the registrar may make any inquiry about the identity of\na deceased person, an applicant for grant of representation for an\nestate, or anything else the registrar considers requires proof or\nexplanation.\n(2) The registrar may require an answer to an inquiry to be given by\n","sortOrder":845},{"sectionNumber":"3111","sectionType":"section","heading":"Administration and probate—subpoenas","content":"3111 Administration and probate—subpoenas\n(1) In a proceeding under this part, the court may issue a subpoena under\npart 6.9 (Subpoenas) requiring a person (the subpoenaed person) to\ndo either or both of the following:\n(a) to bring into the registry or otherwise as directed by the court a\nwill or other document;\n\nRule 3112\n(b) to attend the court for examination in relation to anything\nrelevant to the proceeding.\n(2) The court must not issue a subpoena mentioned in subrule (1) (a)\nunless an affidavit stating that the will or other document is believed\nto be in the possession of the subpoenaed person, and the grounds for\nthat belief, has been filed in the court.\n(3) If the subpoenaed person denies that the will or other document is in\nthe person’s possession, the subpoenaed person must file in the court\nan affidavit to that effect.\n","sortOrder":846},{"sectionNumber":"3112","sectionType":"section","heading":"Administration and probate—evidence about domicile","content":"3112 Administration and probate—evidence about domicile\n(a) a person applies for grant of representation for the estate of a\ndeceased person; and\n(b) it appears that the deceased person may have been domiciled\noutside the ACT.\n(2) The court may require evidence of the following:\n(a) the domicile of the deceased person;\n(b) the requirements of the law of the domicile in relation to the\nvalidity of any will or testamentary document made by the\n(c) the law of the domicile in relation to a person entitled in\ndistribution of the estate\n","sortOrder":847},{"sectionNumber":"3113","sectionType":"section","heading":"Administration and probate—proof in solemn form","content":"3113 Administration and probate—proof in solemn form\n(1) This rule applies if the court has made a grant in common form of\nprobate or letters of administration with the will annexed.\n\nRule 3114\n(2) Anyone who claims to have sufficient interest in the administration\nof the estate may apply to the court for an order for the personal\nrepresentative to bring the grant of representation into the registry.\n(3) The court must not make an order under subrule (2) unless satisfied\nthat the applicant has an interest in the estate or a reasonable prospect\nof establishing an interest.\n(4) If the court makes an order under subrule (2), the court may also give\nthe directions it considers appropriate, including directions about the\npeople to be made parties to the proceeding and about service.\n(5) If the court makes an order under subrule (2), the personal\nrepresentative must bring the original grant, and all sealed copies of\nthe grant, into the registry.\nNote The grant and sealed copies must be brought into the registry as soon as\npossible (see Legislation Act, s 151B (Doing things for which no time is\nfixed)) unless the court gives a direction about when they must be brought\ninto the registry.\n(6) As soon as practicable after the court makes an order under subrule\n(2), the personal representative must start a proceeding for grant of\nrepresentation in solemn form.\n","sortOrder":848},{"sectionNumber":"3114","sectionType":"section","heading":"Failure of executor to prove will—Administration and","content":"3114 Failure of executor to prove will—Administration and\nProbate Act, s 25\n(1) This rule applies if the person named as the executor in a will—\n(a) does not prove the will, or renounce probate, within 6 months\nafter the later of the following:\n(i) the date of the testator’s death;\n(ii) the executor turning 18 years old; or\n(b) is unknown or cannot be found.\n(2) A person interested in the estate, or a creditor of the estate, may apply\nto the court for orders under this rule.\n\nRule 3115\n(3) The application must be made by originating application, unless the\napplication is made in a proceeding that has already started.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application made in a\nproceeding that has already started.\n(4) The application must be supported by an affidavit filed with the\nand supporting affidavit on the person named as executor in the will.\n(6) On application under this rule, the court may make the order in\nrelation to administration of the estate, and any other orders, the court\nconsiders just.\n","sortOrder":849},{"sectionNumber":"3115","sectionType":"section","heading":"Failure by executor, administrator or trustee to comply","content":"3115 Failure by executor, administrator or trustee to comply\nwith beneficiary’s request etc\n(1) This rule applies if an executor, administrator or trustee fails to\ncomply with a written request from a beneficiary or another executor,\nadministrator or trustee—\n(a) to apply for and take all necessary steps to register the\ntransmission of any interest in property; or\n(b) if the executor, administrator or trustee has or is entitled to a\nlegal interest in property—to convey or transfer the interest to\nthe person entitled to it; or\n(c) to pay or hand over any legacy or residuary bequest to the person\nentitled to it; or\n(d) to do anything else the executor, administrator or trustee is\nrequired or allowed by law to do in relation to the estate.\n(2) The beneficiary, or other executor, administrator or trustee, may\napply to the court for orders under this rule.\n\nRule 3116\n(3) The application must be made by originating application, unless the\napplication is made in a proceeding that has already started.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application made in a\nproceeding that has already started.\n(4) The application must be supported by an affidavit filed with the\nand supporting affidavit on the executor, administrator or trustee who\nfailed to comply with the request.\n(6) On application under this rule, the court may make the orders the\ncourt considers just.\n","sortOrder":850},{"sectionNumber":"3116","sectionType":"section","heading":"Grant of administration—grant to child","content":"3116 Grant of administration—grant to child\n(a) a person is under 18 years; and\n(i) is the sole executor of a will; or\n(ii) would be entitled to a grant of administration on intestacy.\n(2) The court may grant administration with the will attached, or\nadministration on intestacy, to the person’s guardian, the public\ntrustee and guardian or anyone else it considers appropriate until the\nperson becomes an adult.\nNote The court may make an order under r (2) on any conditions it considers\nappropriate (see r 6901 (Orders may be made on conditions)).\n\nRule 3117\n(3) When the person is an adult, the court may, on the person’s\napplication, grant administration with the will attached, or\nadministration on intestacy, to the person.\nNote Pt 6.2 (Applications in proceedings) applies to an application under r (3).\n","sortOrder":851},{"sectionNumber":"3117","sectionType":"section","heading":"Order about administration of real estate—Administration","content":"3117 Order about administration of real estate—Administration\nand Probate Act, s 51\n(1) This rule applies if an application has been made for an order under\nthe Administration and Probate Act, section 51 (Supreme Court may\nmake special order) in relation to the administration of a deceased\nperson’s real estate.\n(2) Stamped copies of the application and any supporting affidavits must\nbe served personally on each party with a beneficial interest in the\nreal estate.\n","sortOrder":852},{"sectionNumber":"3118","sectionType":"section","heading":"Assessment of costs—Administration and Probate Act,","content":"3118 Assessment of costs—Administration and Probate Act,\ns 71\nPart 2.17 (Costs) applies, with all necessary changes, to the\nassessment of costs for the Administration and Probate Act,\nsection 71 (Limits of professional charges for obtaining probate etc).\n","sortOrder":853},{"sectionNumber":"3119","sectionType":"section","heading":"Administration and probate book","content":"3119 Administration and probate book\n(1) The registrar must keep an administration and probate book.\n(2) The administration and probate book—\n(3) The registrar must record in the administration and probate book—\n(a) all grants of probate and administration; and\n(b) all elections and orders to collect; and\n\nRule 3120\n(c) the passing of accounts of, and allowance of commission to, all\nexecutors and administrators.\n(4) The administration and probate book must set out—\n(a) the dates of the grants, elections and orders; and\n(b) the names of testators and intestates; and\n(c) the place and time of their deaths; and\n(d) the names and descriptions of executors and administrators; and\n(e) any other information that the court directs.\n(5) The registrar may record any other information in the administration\nand probate book.\n","sortOrder":854},{"sectionNumber":"3120","sectionType":"section","heading":"Proved wills to be kept by court","content":"3120 Proved wills to be kept by court\nThe court must keep—\n(a) the original of any will filed in the court; and\n(b) if the public trustee and guardian files a certified copy of an\noriginal will kept in electronic form—the certified copy.\nNote 1 Rule 2901 (Copies of documents from registrar) deals with obtaining\ncopies of documents (including wills) filed in a proceeding.\nNote 2 Rule 2903 (Inspection of registry files) deals with the inspection of\nregistry files.\n\nRule 3150\n","sortOrder":855},{"sectionNumber":"3150","sectionType":"section","heading":"Definitions—pt 3.2","content":"3150 Definitions—pt 3.2\nAdoption Act means the Adoption Act 1993.\nadoption proceeding means a proceeding on an application for an\nadoption order.\namendment order means an order of the court under the Adoption\nAct, section 41 (Amendment etc of adoption condition) amending or\nsetting aside a condition of an adoption order.\nCYP director-general means the director-general responsible for the\nChildren and Young People Act 2008.\ndischarging order means—\n(a) an order of the court under the Adoption Act, section 39L (1)\n(Discharge of adoption order) discharging an adoption order; or\n(b) an order of the court under the Adoption Act, section 52 (1)\n(Discharge) discharging an interim order.\ndispensing order means an order of the court under the Adoption Act,\nsection 35 (1) (Dispensing with consent) dispensing with the\nrequirement for consent of a person to the adoption of a child.\norder for access to identifying information means an order of the\ncourt under the Adoption Act, section 75 (3) (Application to court in\nabsence of consent) or section 76 (3) (Other person’s right to\ninformation).\n\nRule 3151\n","sortOrder":856},{"sectionNumber":"3151","sectionType":"section","heading":"Terms used in Adoption Act","content":"3151 Terms used in Adoption Act\nA term used in the Adoption Act has the same meaning in this part.\nNote For example, the following terms are defined in the Adoption Act,\ndictionary:\n• Aboriginal or Torres Strait Islander child or young person\n• adoption order\n• associated person (see s 58)\n• birth parent (see s 58)\n• birth relative (see s 58)\n• child\n• Convention country\n• identifying information (see s 58)\n• instrument of consent\n• interim order\n• principal officer\n• private adoption agency\n• register of suitable people\n• young person.\n","sortOrder":857},{"sectionNumber":"3152","sectionType":"section","heading":"Application—pt 3.2","content":"3152 Application—pt 3.2\nThis part applies to a proceeding in the Supreme Court under the\nAdoption Act.\n","sortOrder":858},{"sectionNumber":"3155","sectionType":"section","heading":"References to applicants—div 3.2.2","content":"3155 References to applicants—div 3.2.2\nFor this division, if an application for an adoption order is made on\nbehalf of the proposed adoptive parent or parents by the CYP\ndirector-general or the principal officer of a private adoption agency,\nthe application is taken to have been made by the proposed adoptive\nparent or parents jointly.\n\nRule 3156\n","sortOrder":859},{"sectionNumber":"3156","sectionType":"section","heading":"Adoption order—application","content":"3156 Adoption order—application\n(1) An application for an adoption order may be made—\n(a) by the proposed adoptive parent or parents; or\n(b) if the order is for the adoption of a child or young person—on\nbehalf of the proposed adoptive parent or parents, by—\n(i) the CYP director-general; or\n(ii) the principal officer of a private adoption agency.\nNote See approved form 3.28 (Application for adoption order) AF2016-44.\n(2) The application for an order for the adoption of a child or young\nperson must be—\n(a) supported by an affidavit in accordance with rule 3157; and\n(b) accompanied by the documents required under rule 3158.\n(3) The application for an order for the adoption of a person 18 years old\nor older must be supported by an affidavit in accordance with\nrule 3157A.\n","sortOrder":860},{"sectionNumber":"3157","sectionType":"section","heading":"Adoption order—supporting affidavit for application for","content":"3157 Adoption order—supporting affidavit for application for\nadoption of child or young person\n(1) An affidavit supporting an application for an adoption order for the\nadoption of a child or young person must be made by—\n(2) The affidavit must include a statement of the following:\n(a) the following particulars about the applicant:\n(i) full name;\n(ii) usual place of residence;\n\nRule 3157\n(iii) occupation;\n(iv) domicile;\n(v) date and place of birth;\n(vi) state of health;\n(vii) financial circumstances;\n(b) for a joint application—\n(i) the length of the applicants’ relationship; and\n(ii) the stability of the relationship and the applicant’s\ncommitment to the relationship;\n(c) the following information about the applicant’s children (if any),\nwhether birth children or adopted children:\n(i) sex and date of birth;\n(ii) the state of health of any living child;\n(iii) if any child has died—the date of death;\n(d) the likelihood of any children being born to the applicant in the\nfuture;\n(e) the relationship (if any) to the applicant of the child or young\nperson sought to be adopted;\n(f) the period (if any) that the child or young person to be adopted\nhas been living with the applicant;\n(g) if the name of the child or young person to be adopted is to be\nchanged—the full name proposed to be given to the child or\nyoung person;\n(h) the amount and nature of any payment or reward in relation to\nthe proposed adoption that the applicant has made, given or\nreceived, or agreed to make, give or receive;\n(i) whether the applicant has ever been refused an adoption order;\n\nRule 3157\n(j) whether an adoption order or interim order in the applicant’s\nfavour has been discharged;\n(k) if the child or young person to be adopted is habitually resident\nin the ACT—that fact, together with a statement about the\nmatters mentioned in the Adoption Act, section 57 (3)\n(Adoption in ACT of ACT child or young person by parents\nfrom Convention country);\n(l) if the child or young person to be adopted is habitually resident\nin a Convention country—that fact, together with a statement\nabout the matters mentioned in the Adoption Act,\nsection 57B (2) (Adoption in ACT of child or young person\nfrom Convention country by ACT parents);\n(m) if the child or young person to be adopted is habitually resident\nin a prescribed overseas jurisdiction—that fact, together with a\nstatement about the matters mentioned in the Adoption Act,\nsection 57J (2) (Adoption in ACT of child or young person from\nprescribed overseas jurisdiction by ACT parents);\n(n) if the child or young person to be adopted is an Aboriginal or\nTorres Strait Islander child or young person—that fact, together\nwith a statement about the matters mentioned in the Adoption\nAct, section 39G (2) (Aboriginal or Torres Strait Islander child\nor young person);\n(o) a statement about the matters mentioned in a provision in the\nAdoption Act, division 3.2 (Who can adopt?) relevant to the\napplication, including that the applicant or applicants are listed\non the register of suitable people;\n(p) any conditions under the Adoption Act, section 40 (Adoption\norder subject to certain conditions) sought by anyone in relation\nto the adoption.\n(3) If the affidavit is made by 2 people jointly, a reference in subrule (2)\nto the applicant is a reference to each of them.\n\nRule 3157A\n","sortOrder":861},{"sectionNumber":"3157A","sectionType":"section","heading":"Adoption order—supporting affidavit for application for","content":"3157A Adoption order—supporting affidavit for application for\nadoption of person 18 years old or older\n(1) An affidavit supporting an application for an adoption order for the\nadoption of a person 18 years old or older must be made by—\n(2) The affidavit must include a statement of the following:\n(a) the age of the person to be adopted;\n(b) whether consent in accordance with the requirements of the\nAdoption Act has been given;\n(c) the nature of the relationship between the applicant and the\nperson to be adopted;\n(d) the nature of any physical, emotional, intellectual and\neducational care and support the person to be adopted has\nreceived from the applicant;\n(e) the ordinary residence of the applicant and the person to be\nadopted;\n(f) the applicant’s good reputation.\n(3) If the affidavit is made by 2 people jointly, a reference in subrule (2)\nto the applicant is a reference to each of them.\n","sortOrder":862},{"sectionNumber":"3158","sectionType":"section","heading":"Adoption order—documents accompanying application","content":"3158 Adoption order—documents accompanying application\n(1) The following documents must accompany an application for an\nadoption order for the adoption of a child or young person:\n(a) any instrument of consent to the adoption, together with an\naffidavit verifying the making of the instrument;\nNote See the Adoption Act, s 30 and the Legislation Act, s 14 for\nrequirements in relation to an instrument of consent to an adoption.\n\nRule 3158\n(b) any dispensing order in relation to the application;\n(c) the child’s or young person’s birth certificate, together with—\n(i) any document identifying the child or young person as the\nperson to whom the certificate relates; or\n(ii) an affidavit or written statement by the CYP\ndirector-general that the CYP director-general has made\nreasonable inquiries and believes that the child or young\nperson is the person to whom the certificate relates;\n(d) if the child or young person to be adopted has been, or is to be,\nbrought from a place outside Australia for the purpose of the\nadoption—any other documents necessary to support the\n(e) if the child or young person to be adopted is an Aboriginal or\nTorres Strait Islander child or young person—any other\ndocuments necessary to support the application;\n(f) if any conditions under the Adoption Act, section 40 (Adoption\norder subject to certain conditions) are sought by anyone in\nrelation to the adoption—a document signed by the birth parents\nand adoptive parents stating their agreement that the adoption\norder should be subject to the conditions.\n(2) Any other document relevant to a matter stated in the affidavit\nsupporting the application may be filed with the application.\n(3) If it is impracticable to obtain a birth certificate of the child or young\nperson to be adopted, the applicant or applicants must state why—\n(a) in the affidavit supporting the application; or\n(b) if the applicant is the CYP director-general or the principal\nofficer of a private adoption agency—in the report under the\nAdoption Act, section 39D (1) (Report on proposed adoption).\n\nRule 3158\n(4) If a document filed under this rule is not in English, the applicant or\napplicants must file with the document a written English translation\nof the document certified, in writing, by a notary public or proved by\nbirth certificate, of a child or young person, means a document that\nis—\n(a) the official certificate of birth of the child or young person; or\n(b) any other written record of the birth of the child or young person.\ndocument includes—\n(a) a copy of an original document verified as a true copy by a\nperson having custody of the original; and\n(b) a copy of an entry in an official register verified as a true copy\nby a person having custody of the register; and\n(c) a foreign public document that has placed on it, or annexed to it,\na certificate issued under the Hague Convention Abolishing the\nRequirement of Legalisation for Foreign Public Documents, a\ncopy of the English text of which is set out in the Foreign\nEvidence Act 1994 (Cwlth), schedule.\nNote The Foreign Evidence Act 1994 (Cwlth), pt 5 (Authenticating foreign\npublic documents) sets out the formalities required for authenticating a\nforeign public document.\nforeign public document—see the Foreign Evidence Act 1994\n(Cwlth), section 3 (1).\n\nRule 3159\n","sortOrder":863},{"sectionNumber":"3159","sectionType":"section","heading":"Adoption order—service of application on CYP","content":"3159 Adoption order—service of application on CYP\ndirector-general\n(1) This rule applies to an adoption order for the adoption of a child or\nyoung person.\n(2) If the applicant for the adoption order is not the CYP director-general\nor the principal officer of a private adoption agency, the applicant\nmust serve a sealed copy of the application and stamped copies of the\nfollowing documents on the CYP director-general not later than\n28 days before the return date for the application:\n(a) the affidavit under rule 3157 supporting the application;\n(b) each document accompanying the application under rule 3158.\n","sortOrder":864},{"sectionNumber":"3160","sectionType":"section","heading":"Adoption order—notice of intention to oppose","content":"3160 Adoption order—notice of intention to oppose\n(1) A person served under the Adoption Act, section 39B (Notice of\napplication for adoption order) with notice of an application for an\nadoption order may oppose the application by filing in the court a\nnotice of opposition not later than 10 days after the day the notice is\n• approved form 3.29 (Notice of application for adoption order)\nAF2011-56\n• approved form 3.30 (Notice of opposition to application for\nadoption order) AF2011-57.\n(2) The CYP director-general may oppose an application for an adoption\norder for the adoption of a child or young person by filing in the court\na notice of opposition not later than 10 days after the day the\napplication is served on the CYP director-general.\n(3) A person who files a notice of opposition to an application for an\nadoption order must serve a stamped copy of the notice on—\n(a) the applicant or applicants for the adoption order; and\n\nOrders for dispensing with consent to adoption Division 3.2.3\nRule 3170\n(b) if the application is for the adoption of a child or young person—\nthe CYP director-general.\n(4) However, if the CYP director-general files the notice of opposition,\nthe CYP director-general must serve a stamped copy of the notice on\neach person required to be served with the notice under the Adoption\nAct, section 39B.\nDivision 3.2.3 Orders for dispensing with consent to\nadoption\n","sortOrder":865},{"sectionNumber":"3170","sectionType":"section","heading":"Dispensing order—application","content":"3170 Dispensing order—application\n(1) An application for a dispensing order must be made in the adoption\nproceeding in relation to which the dispensing order is sought.\nNote 2 See approved form 3.31 (Application for dispensing with consent to\nadoption) AF2011-58.\n(2) The application must be supported by an affidavit setting out the\ncircumstances claimed to justify making the dispensing order,\nincluding any circumstances mentioned in the Adoption Act,\nsection 35 (1) (a) to (d) (Dispensing with consent).\n(3) The supporting affidavit must be made by—\n(a) the applicant for the dispensing order; or\n(4) The application for a dispensing order must be made at the same time\nas the application for an adoption order unless the Adoption Act,\nsection 35 (3) applies.\n\nDivision 3.2.3 Orders for dispensing with consent to adoption\nRule 3171\n","sortOrder":866},{"sectionNumber":"3171","sectionType":"section","heading":"Dispensing order—service of application","content":"3171 Dispensing order—service of application\nAn applicant for a dispensing order must serve a sealed copy of the\napplication, and a stamped copy of the supporting affidavit, on the\nfollowing people not later than 28 days before the return date for the\napplication:\n(a) each person interested in the adoption proceeding to which the\napplication for a dispensing order relates;\n(b) if the application for a dispensing order is made by someone\nother than the CYP director-general—the CYP director-general;\n(c) if the court considers it to be in the interests of justice—anyone\nnominated by the court.\n","sortOrder":867},{"sectionNumber":"3172","sectionType":"section","heading":"Dispensing order—notice of intention to oppose","content":"3172 Dispensing order—notice of intention to oppose\n(1) A person served with an application for a dispensing order under\nrule 3171 may oppose the application by filing in the court a notice\nof opposition not later than 10 days after the day the application is\nNote See approved form 3.32 (Notice of opposition to application for\ndispensing with consent to adoption) AF2011-59.\n(2) A person who files a notice of opposition to an application for a\ndispensing order must serve a stamped copy of the notice on—\n(a) if the notice is filed by the CYP director-general—each person\nrequired to be served with the application for the dispensing\norder under rule 3171 (a) and (c); or\n(b) if the notice is filed by someone else—the applicant or\napplicants for the adoption order and the CYP director-general.\n\nAmendment of adoption order Division 3.2.4\nRule 3180\nDivision 3.2.4 Amendment of adoption order\n","sortOrder":868},{"sectionNumber":"3180","sectionType":"section","heading":"Amendment order—application","content":"3180 Amendment order—application\n(1) An application for an amendment order must be made in the adoption\nproceeding in relation to which the amendment order is sought.\nNote 2 See approved form 3.33 (Application for amendment of adoption order)\nAF2011-60.\n(2) The application must be—\n(a) supported by an affidavit setting out the details of the\namendment sought and the circumstances the applicant claims\njustify the amendment order; and\n(b) accompanied by the report from the CYP director-general\nrequired under the Adoption Act, section 41 (2) (Amendment of\nadoption condition).\n","sortOrder":869},{"sectionNumber":"3181","sectionType":"section","heading":"Amendment order—service of application","content":"3181 Amendment order—service of application\nAn applicant for an amendment order must serve a sealed copy of the\napplication, and a stamped copy of the supporting affidavit, on each\nperson interested in the application not later than 28 days before the\nreturn date for the application.\n","sortOrder":870},{"sectionNumber":"3182","sectionType":"section","heading":"Amendment order—notice of intention to oppose","content":"3182 Amendment order—notice of intention to oppose\n(1) A person served with an application for an amendment order under\nrule 3181 may oppose the application by filing in the court a notice\nof opposition not later than 10 days after the day the application is\nNote See approved form 3.34 (Notice of opposition to application for\namendment of adoption order) AF2010-142.\n\nDivision 3.2.5 Discharge of interim orders and adoption orders\nRule 3190\n(2) A person who files a notice of opposition to an application for an\namendment order must serve a stamped copy of the notice on the\napplicant for the amendment order.\nDivision 3.2.5 Discharge of interim orders and\nadoption orders\n","sortOrder":871},{"sectionNumber":"3190","sectionType":"section","heading":"Discharging order—application","content":"3190 Discharging order—application\n(1) An application for a discharging order must be made in the adoption\nproceeding in relation to which the discharging order is sought.\nNote 2 See approved form 3.35 (Application for discharge of adoption order)\nAF2010-143.\n(2) The application must be supported by an affidavit setting out the\ncircumstances the applicant claims justify making the discharging\norder, including any claim that an interim order, the adoption order,\nor any consent to the adoption, was obtained by fraud, duress or other\nimproper means.\n","sortOrder":872},{"sectionNumber":"3191","sectionType":"section","heading":"Discharging order—service of application","content":"3191 Discharging order—service of application\nA notice of an application for a discharging order served under the\nAdoption Act, section 39L (5) (Discharge of adoption order) must be\naccompanied by a copy of the affidavit supporting the application.\nNote See approved form 3.36 (Notice of application for discharge of adoption\norder) AF2011-61.\n","sortOrder":873},{"sectionNumber":"3192","sectionType":"section","heading":"Discharging order—notice of intention to oppose","content":"3192 Discharging order—notice of intention to oppose\n(1) A person served under the Adoption Act, section 39L (5) with notice\nof an application for a discharging order may oppose the application\nby filing in the court a notice of opposition not later than 10 days after\nthe day the notice of application is served on the person.\nNote See approved form 3.37 (Notice of opposition to application for discharge\nof adoption order) AF2010-145.\n\nAccess to identifying information Division 3.2.6\nRule 3200\n(2) A person who files a notice of opposition to an application for a\ndischarging order must serve a stamped copy of the notice on the\napplicant for the discharging order.\nDivision 3.2.6 Access to identifying information\n","sortOrder":874},{"sectionNumber":"3200","sectionType":"section","heading":"Order for access to identifying information—application","content":"3200 Order for access to identifying information—application\nAn application for an order for access to identifying information must\nbe made in the adoption proceeding in relation to which the order is\nsought.\nNote 2 See approved form 3.38 (Application for access to identifying\ninformation) AF2011-62.\n","sortOrder":875},{"sectionNumber":"3201","sectionType":"section","heading":"Order for access to identifying information—service of","content":"3201 Order for access to identifying information—service of\nAn applicant for an order for access to identifying information must\nserve, not later than 28 days before the return date for the application,\nsealed copies of the application on—\n(a) if the application relates to an adopted child or young person—\nthe CYP director-general; and\n(b) anyone—\n(i) whose approval would be sufficient under the Adoption\nAct, division 5.3 (Identifying information) to entitle the\napplicant to the identifying information; and\n(ii) who has refused approval.\n\nDivision 3.2.7 Adoption proceedings—general procedures\nRule 3202\n","sortOrder":876},{"sectionNumber":"3202","sectionType":"section","heading":"Order for access to identifying information—notice of","content":"3202 Order for access to identifying information—notice of\nintention to oppose\n(1) A person served with an application for an order for access to\nidentifying information may oppose the application by filing in the\ncourt a notice of opposition not later than 10 days after the day the\napplication is served on the person.\nNote See approved form 3.39 (Notice of opposition to application for access to\nidentifying information) AF2010-147.\n(2) A person who files a notice of opposition to an application for an\norder for access to identifying information must serve a stamped copy\nof the notice on the applicant for the order.\nDivision 3.2.7 Adoption proceedings—general\nprocedures\n","sortOrder":877},{"sectionNumber":"3210","sectionType":"section","heading":"Adoption proceedings—service of applications","content":"3210 Adoption proceedings—service of applications\n(1) A sealed copy of an application for an order under the Adoption Act\nmust be served personally.\n(2) However, a sealed copy of an application may be served on—\n(a) the CYP director-general by giving the sealed copy to a member\nof the staff of the CYP director-general’s office; and\n(b) the principal officer of a private adoption agency by giving the\nsealed copy to a member of the staff of the agency.\nNote 1 Ch 6 has provisions applying to all proceedings (see r 6000\n(Application—ch 6).\nNote 2 See r 6405 (How document is personally served). Service may be made\nin another way eg by substituted service (see r 6460 (Substituted\n\nAdoption proceedings—general procedures Division 3.2.7\nRule 3211\n","sortOrder":878},{"sectionNumber":"3211","sectionType":"section","heading":"Adoption proceedings—service of documents containing","content":"3211 Adoption proceedings—service of documents containing\nidentifying information\n(a) a document is required to be served on an associated person in\nan adoption proceeding; and\n(b) the document would, apart from this rule, contain identifying\ninformation about a birth parent, a birth relative or the adopted\nchild or young person.\nNote Associated person and identifying information are defined in the\nAdoption Act, s 58.\n(2) If the associated person is not entitled, under the Adoption Act,\ndivision 5.3 (Identifying information), to access to identifying\ninformation about a birth parent, a birth relative or the adopted child\nor young person, the copy of the document to be served on the\nassociated person must not include that identifying information.\n\nRule 3250\n","sortOrder":879},{"sectionNumber":"3250","sectionType":"section","heading":"Meaning of Commercial Arbitration Act—pt 3.3","content":"3250 Meaning of Commercial Arbitration Act—pt 3.3\nCommercial Arbitration Act means the Commercial Arbitration\nAct 2017.\n","sortOrder":880},{"sectionNumber":"3251","sectionType":"section","heading":"Terms used in Commercial Arbitration Act","content":"3251 Terms used in Commercial Arbitration Act\nA term used in the Commercial Arbitration Act has the same meaning\nin this part.\nNote 1 For example, the following terms are defined in the Commercial\nArbitration Act, dictionary:\n• arbitral tribunal\n• arbitration\n• arbitration agreement\n• the court.\nNote 2 In particular, the court is defined in the Commercial Arbitration Act,\ndictionary as follows:\nthe court means, subject to section 6 (2), the Supreme Court.\nSection 6 (2) provides as follows:\n(a) an arbitration agreement provides that the Magistrates Court is\nto have jurisdiction under this Act; or\n(b) the parties to an arbitration agreement have agreed, in writing,\nthat the Magistrates Court is to have jurisdiction under this\nAct and that agreement is in force;\nthe functions are to be performed, in relation to that agreement, by\nthe Magistrates Court, as the case requires.\n\nCommercial arbitration—general Division 3.3.1\nRule 3252\nNote This section differs from the Model Law to the extent that it relates\nto functions conferred on the court with respect to domestic\ncommercial arbitrations that are not referred to in the Model Law.\n","sortOrder":881},{"sectionNumber":"3252","sectionType":"section","heading":"Commercial arbitration—application","content":"3252 Commercial arbitration—application\nA proceeding under the Commercial Arbitration Act must be started\napplications, etc. The division applies, subject to this part (see r 22\n(Application—ch 2)), to the originating applications.\nNote 2 Pt 6.2 (Applications in proceedings) deals with applications in\nproceedings. An application in a proceeding includes an application to\nthe court about the proceeding, whether made during the proceeding or\nafter judgment is given in the proceeding.\n","sortOrder":882},{"sectionNumber":"3253","sectionType":"section","heading":"Commercial arbitration—leave to appeal under","content":"3253 Commercial arbitration—leave to appeal under\nCommercial Arbitration Act, s 34A\n(1) An application for leave to appeal to the Supreme Court under the\nCommercial Arbitration Act, section 34A (1) (b) (Appeals against\nawards) must include, or be accompanied by, a statement of—\n(a) the nature of the case; and\n(b) the questions involved; and\n(c) the reasons why leave should be given.\nNote The Commercial Arbitration Act, s 34A provides that an appeal may be\nbrought by a party to an arbitration agreement if the parties agree and\nwith the court’s leave (see subrules (1) and (2)).\n(2) The application must be made not later than 3 months from—\n(a) the date on which the party making the appeal received the\naward; or\n\nRule 3255\n(b) if a request had been made under the Commercial Arbitration\nAct, section 33 (Correction and interpretation of award, and\nmaking additional award)—the date on which that request had\nbeen disposed of by the arbitral tribunal.\n(3) If the court grants leave to appeal, the appeal must be filed within—\n(a) 30 days after the day leave is granted; or\n(b) any further time allowed by the court.\n","sortOrder":883},{"sectionNumber":"3255","sectionType":"section","heading":"Commercial arbitration—application under Commercial","content":"3255 Commercial arbitration—application under Commercial\nArbitration Act, s 27J\n(1) A proceeding under the Commercial Arbitration Act, section 27J (2)\n(Determination of preliminary point of law by court) must be started\nnot later than 28 days after the day the consent, or consents,\nmentioned in that subsection is or are given.\n(2) A decision by the court to hear or not to hear an application under the\nCommercial Arbitration Act, section 27J (2) (a) must be given by\n","sortOrder":884},{"sectionNumber":"3256","sectionType":"section","heading":"Commercial arbitration—application for order under","content":"3256 Commercial arbitration—application for order under\nCommercial Arbitration Act, s 34 (1)\n(1) This rule applies in relation to an application for an order under the\nCommercial Arbitration Act, section 34 (1) (Application for setting\naside as exclusive recourse against arbitral award).\n(2) The application must be made not later than 3 months from—\n(a) the date on which the party making the application had received\nthe award; or\n\nCommercial arbitration—general Division 3.3.1\nRule 3257\n(b) if a request had been made under the Commercial Arbitration\nAct, section 33 (Correction and interpretation of award, and\nmaking additional award)—the date on which that request had\nbeen disposed of by the arbitral tribunal.\n","sortOrder":885},{"sectionNumber":"3257","sectionType":"section","heading":"Commercial arbitration—offers of compromise","content":"3257 Commercial arbitration—offers of compromise\n(1) A party to an arbitration agreement may at any time, by written notice,\nmake an offer to another party to the agreement to compromise any\nclaim to which the agreement applies, either in whole or in part, on\nstated terms.\n(2) Part 2.10 (Offers of compromise) applies, with necessary changes, in\nrelation to the offer as if—\n(a) the arbitration were a proceeding; and\n(b) the respondent were a defendant who has made or received an\noffer of compromise in the proceeding; and\n(c) the claimant were the plaintiff who has made or received an offer\nof compromise in the proceeding; and\n(d) the other parties to the agreement were other parties to the\n","sortOrder":886},{"sectionNumber":"3258","sectionType":"section","heading":"Commercial arbitration—examination of witnesses","content":"3258 Commercial arbitration—examination of witnesses\nPart 6.10 (Evidence) applies in relation to the examination of a\nwitness in a proceeding under the Commercial Arbitration Act as if\nthe witness were a witness for the purposes of a trial and any other\nnecessary changes were made.\n\nRule 3259\n","sortOrder":887},{"sectionNumber":"3259","sectionType":"section","heading":"Commercial arbitration—decision to refuse to issue","content":"3259 Commercial arbitration—decision to refuse to issue\ninterim measure\nThe court may refuse to issue an interim measure under the\nCommercial Arbitration Act, section 17J (Court-ordered interim\nmeasures) if the court considers that the arbitral tribunal has power to\nmake the order applied for.\n","sortOrder":888},{"sectionNumber":"3260","sectionType":"section","heading":"Commercial arbitration—application to enforce arbitral","content":"3260 Commercial arbitration—application to enforce arbitral\naward\nAn application under the Commercial Arbitration Act, section 35\n(Recognition and enforcement) to enforce an arbitral award—\n(a) must be supported by an affidavit that states—\n(i) the extent to which the award has not been complied with\nat the date the application is made; and\n(ii) the usual, or last-known home or business address of the\nperson against whom it is sought to enforce the award or,\nif the person is a corporation, its last-known registered\noffice; and\n(b) may be made without giving notice to anyone.\n","sortOrder":889},{"sectionNumber":"3261","sectionType":"section","heading":"Commercial arbitration—evidence of arbitral award for","content":"3261 Commercial arbitration—evidence of arbitral award for\npurposes of enforcement\n(1) This rule applies in a proceeding in which an application is made to\nthe court for enforcement of an arbitral award under the Commercial\nArbitration Act, section 35 (Recognition and enforcement).\n(2) The International Arbitration Act 1974 (Cwlth), section 9 (Evidence\nof awards and arbitration agreements) applies in the proceeding as\nthat section applied in a proceeding in which enforcement of a foreign\naward was sought under the International Arbitration Act 1974\n\nCommercial arbitration—payment into court Division 3.3.2\nRule 3262\n","sortOrder":890},{"sectionNumber":"3262","sectionType":"section","heading":"Commercial arbitration—endorsement and service of","content":"3262 Commercial arbitration—endorsement and service of\napplication for enforcement\n(1) An application under the Commercial Arbitration Act, section 35\n(Recognition and enforcement) to enforce an arbitral award must—\n(a) be endorsed with a statement that the person on whom the\napplication is served may, before the end of 5 days after the day\nthe application is served, apply to have the award set aside; and\n(b) be served on the person against whom it is sought to enforce the\naward.\n(2) The court must not recognise an arbitral award, or make an order for\nits enforcement, until—\n(a) the end of the period mentioned in subrule (1); and\n(b) if the person against whom it is sought to enforce the award\napplies, within the period mentioned in subrule (1), to have the\naward set aside—the application is decided.\nDivision 3.3.2 Commercial arbitration—payment into\ncourt\n","sortOrder":891},{"sectionNumber":"3263","sectionType":"section","heading":"Commercial arbitration—payment into court","content":"3263 Commercial arbitration—payment into court\n(1) A party to an arbitration agreement (the respondent) may at any time\npay an amount into court in satisfaction of a claim to which the\nagreement applies of another party to the agreement (the claimant).\n(2) The respondent must serve a notice of the payment on the claimant\nand any other party to the agreement.\n(3) A claimant who has paid an amount into court in accordance with this\nrule may make further payments increasing the amount without the\n\nRule 3264\n(4) The respondent cannot plead a defence of tender before the arbitration\nwas started unless the respondent has paid the amount tendered into\ncourt in accordance with this division.\n","sortOrder":892},{"sectionNumber":"3264","sectionType":"section","heading":"Payment into court—costs","content":"3264 Payment into court—costs\n(1) If a party to an arbitration agreement is liable to pay the costs of\nanother party to the agreement, the party may, at any time after the\nparty becomes liable to pay the costs, pay an amount into court in\nsatisfaction of the costs.\n(2) This division applies, with necessary changes, in relation to costs as\nif—\n(a) the party entitled to the costs is a claimant; and\n(b) the party liable to pay the costs is a respondent; and\n(c) the party’s entitlement to costs is a claim to which the arbitration\nagreement applies.\n","sortOrder":893},{"sectionNumber":"3265","sectionType":"section","heading":"Payment into court—bond or security","content":"3265 Payment into court—bond or security\n(1) The respondent may lodge a bond or security for the amount of\npayment with the registrar instead of paying the amount into court.\n(2) The bond must be given by—\n(a) a corporation approved by the registrar; or\n(b) the Territory, the Commonwealth or a State; or\n(c) a person who is authorised, in writing, to give the bond for a\nperson mentioned in paragraph (a) or (b).\n(3) The bond or security—\n(a) remains in effect unless the arbitral tribunal otherwise certifies;\nand\n(b) applies as if the party had paid the amount of the bond or security\ninto court under subrule (1).\n\nCommercial arbitration—payment into court Division 3.3.2\nRule 3266\n","sortOrder":894},{"sectionNumber":"3266","sectionType":"section","heading":"Payment into court—interest up to payment","content":"3266 Payment into court—interest up to payment\nThe claimant’s claim to which an arbitration agreement applies is\ntaken to include a claim for the interest that might be included in the\naward if the award were made at the date of the payment into court.\n","sortOrder":895},{"sectionNumber":"3267","sectionType":"section","heading":"Payment into court—acceptance","content":"3267 Payment into court—acceptance\n(1) The claimant may accept an amount paid into court by a respondent\nin satisfaction of a claim by serving a notice of acceptance on the\nrespondent (or, if the payment was made by 1 of 2 or more\nrespondents, each respondent)—\n(a) not later than 14 days after the day notice of the payment into\ncourt is served on the claimant; or\n(b) if 2 or more payments into court have been made—not later than\n14 days after the day notice of the last payment into court is\nserved on the claimant.\n(2) If the respondent paid the amount into court by bond or security, the\nrespondent must pay into court the amount of the bond or security not\nlater than 14 days after the day the notice of acceptance is served on\nthe respondent.\n(3) If the respondent does not comply with subrule (2), the respondent is\nnot entitled to any advantage under this division, and the claimant\nmay—\n(a) withdraw the claimant’s acceptance by notice; or\n(b) ask the registrar to assign the bond or security to the claimant so\nthe claimant can enforce it.\n(4) If the amount was paid into court by 1 of 2 or more respondents, the\namount may be paid out only—\n(a) with the agreement of the parties to the agreement; or\n(b) in accordance with a certificate of the arbitral tribunal.\n\nRule 3268\n(5) Unless the arbitral tribunal otherwise awards, payment must be made\nto—\n(a) the claimant; or\n(b) if the claimant has given written authority for payment to be\nmade to the claimant’s solicitor—the claimant’s solicitor.\n(6) If payment out of court is made in accordance with this rule, the claim\nis permanently stayed.\n","sortOrder":896},{"sectionNumber":"3268","sectionType":"section","heading":"Payment into court—costs on acceptance by claimant","content":"3268 Payment into court—costs on acceptance by claimant\n(1) Unless the arbitral tribunal otherwise directs, a claimant may file a\nbill of costs for assessment not earlier than 7 days after the day the\namount is paid into court if the claimant accepts an amount paid into\ncourt in satisfaction of the claim.\n(2) The costs claimed in the bill of costs may include—\n(a) the costs incurred to the day of payment into court; and\n(b) the costs reasonably incurred in accepting the payment; and\n(c) the costs incurred in preparing the bill of costs.\n","sortOrder":897},{"sectionNumber":"3269","sectionType":"section","heading":"Payment into court—payment out of remaining amount","content":"3269 Payment into court—payment out of remaining amount\nIf an amount paid into court is not taken out in accordance with this\ndivision, the amount may be paid out only—\n(a) with agreement of all parties to the agreement; or\n(b) in accordance with a certificate of the arbitral tribunal.\n","sortOrder":898},{"sectionNumber":"3269A","sectionType":"section","heading":"Payment into court—nondisclosure","content":"3269A Payment into court—nondisclosure\nThe arbitral tribunal must not be told about any payment into court\nbefore the arbitral tribunal makes an award.\n\nCorporations Act and ASIC Act Part 3.4\nRule 3270\n","sortOrder":899},{"sectionNumber":"Part 3","sectionType":"part","heading":"4 Corporations Act and ASIC Act","content":"Part 3.4 Corporations Act and ASIC Act\n","sortOrder":900},{"sectionNumber":"3270","sectionType":"section","heading":"Rules for proceedings under Corporations Act or ASIC","content":"3270 Rules for proceedings under Corporations Act or ASIC\nAct\nThe rules in schedule 6 apply to a proceeding in the Supreme Court\nunder the Corporations Act or the ASIC Act, and are intended to\napply in harmony with similar rules in the Federal Court and other\nAustralian courts.\n\nRule 3300\n","sortOrder":901},{"sectionNumber":"3300","sectionType":"section","heading":"Definitions—pt 3.5","content":"3300 Definitions—pt 3.5\nCross-vesting Act means the Jurisdiction of Courts (Cross-vesting)\nAct 1993.\ncross-vesting law means any law of the Commonwealth or a State or\nTerritory (including the ACT) relating to the cross-vesting of\njurisdiction, and includes the Cross-vesting Act.\nspecial federal matter—see the Jurisdiction of Courts (Cross-\nvesting) Act 1987 (Cwlth), section 3 (1).\n","sortOrder":902},{"sectionNumber":"3301","sectionType":"section","heading":"Terms used in Cross-vesting Act","content":"3301 Terms used in Cross-vesting Act\nA term used in the Cross-vesting Act has the same meaning in this\nNote For example, the following terms are defined in the Cross-vesting Act,\ndictionary:\n• ACT matter\n• judgment\n• proceeding\n• State\n• Territory.\n","sortOrder":903},{"sectionNumber":"3302","sectionType":"section","heading":"Application—pt 3.5","content":"3302 Application—pt 3.5\n(1) This part applies only to the Supreme Court.\n(2) This part applies to a proceeding to which a cross-vesting law applies.\n\nRule 3303\n","sortOrder":904},{"sectionNumber":"3303","sectionType":"section","heading":"Cross-vesting—application for transfer or removal of","content":"3303 Cross-vesting—application for transfer or removal of\n(1) An application under a cross-vesting law for the transfer of a\nproceeding pending in the court must be made by application in the\n(2) An application under the Cross-vesting Act, section 8 for an order\nremoving a proceeding from an ACT court (other than the Supreme\nCourt) or a tribunal to the Supreme Court must be made by originating\n","sortOrder":905},{"sectionNumber":"3304","sectionType":"section","heading":"Cross-vesting—application by Attorney-General","content":"3304 Cross-vesting—application by Attorney-General\n(1) This rule applies if the Attorney-General of the Commonwealth, a\nState or Territory applies to the court under a cross-vesting law for\nthe transfer of a proceeding pending in the court.\n(2) The application may be made without the Attorney-General\nbecoming a party to the proceeding.\n","sortOrder":906},{"sectionNumber":"3305","sectionType":"section","heading":"Cross-vesting—removal of proceedings","content":"3305 Cross-vesting—removal of proceedings\n(1) This rule applies if the court makes an order under the Cross-vesting\nAct, section 8 removing a proceeding from another ACT court or a\ntribunal to the court.\n(2) Immediately on the removal of the proceeding to the court, the court\nmay give a direction, make a decision or direct the parties to take a\nstep in the proceeding that the court considers appropriate.\n(3) The court’s powers under subrule (2)—\n(a) are in addition to the court’s powers under rule 3308 (Cross-\nvesting—directions); and\n(b) include power to give directions that could have been given by\nthe court or tribunal in which the proceeding was pending.\n\nRule 3306\n","sortOrder":907},{"sectionNumber":"3306","sectionType":"section","heading":"Cross-vesting—relying on jurisdiction under cross-","content":"3306 Cross-vesting—relying on jurisdiction under cross-\nvesting laws\n(1) This rule applies if a party to a proceeding relies on a provision of a\ncross-vesting law.\n(2) The party must include in the process, pleading or affidavit by which\nthe cross-vesting law is relied on a statement—\n(a) identifying the provision of the cross-vesting law relied on; and\n(b) identifying each claim or ground of defence for which the\nprovision of the cross-vesting law is relied on; and\n(c) the grounds on which the provision is relied on.\n(3) Failure to comply with subrule (2) does not invalidate the process,\npleading or affidavit.\n(4) If a party who has not complied with subrule (2) wishes to rely on a\nprovision of a cross-vesting law, the court may, on application by the\nparty, give directions.\n(5) If a matter to be decided in the proceeding is a special federal matter,\nthe statement mentioned in subrule (2) must also—\n(a) identify the matter as a special federal matter; and\n(b) state the grounds on which it is a special federal matter.\n","sortOrder":908},{"sectionNumber":"3307","sectionType":"section","heading":"Cross-vesting—service","content":"3307 Cross-vesting—service\n(1) Despite part 6.8 (Service), an originating process by which a\ncross-vesting law is relied on may be served outside the ACT.\n(2) If a defendant served outside the ACT under subrule (1) does not file\na notice of intention to respond or defence, the plaintiff must not take\na further step in the proceeding unless the court gives leave to\nproceed.\n\nRule 3308\n(3) The court must not give leave to proceed unless satisfied that—\n(a) jurisdiction under a cross-vesting law is being relied on; and\n(b) the court is a convenient court in which to decide the matter.\n(4) An application for leave to proceed must be made by application in\nthe proceeding or it may be included in the application for directions\nunder rule 3308.\nproceed.\n(5) An order giving leave to proceed does not prevent the court from later\ntransferring the proceeding to another court.\n","sortOrder":909},{"sectionNumber":"3308","sectionType":"section","heading":"Cross-vesting—directions","content":"3308 Cross-vesting—directions\n(1) The first party in a proceeding to rely on a cross-vesting law must\napply to the court for directions.\n(2) If a plaintiff is required to apply for directions, the plaintiff must make\nand serve the application not later than 7 days after the day the first\nnotice of intention to respond or defence is served on the plaintiff.\n(3) If a defendant is required to apply for directions, the defendant must\nmake and serve the application not later than 7 days after the day the\nprocess by which the cross-vesting law is relied on is served.\n(4) If a proceeding is transferred to the court from another court, the\nplaintiff must, not later than 21 days after the day the order for the\ntransfer is made, apply to the court for directions.\n(5) If the plaintiff does not comply with subrule (4)—\n(a) another party may apply for directions; or\n\nRule 3309\n(b) the court may call the parties before it on its own initiative.\n(6) On hearing an application for directions, the court must give the\ndirections or make the decisions about the conduct of the proceeding\n(7) At the trial or hearing of the proceeding, the court may amend or set\naside a direction made on application for directions.\n","sortOrder":910},{"sectionNumber":"3309","sectionType":"section","heading":"Cross-vesting—procedure following transfer of","content":"3309 Cross-vesting—procedure following transfer of\nproceeding from court\n(1) This rule applies if the court makes an order transferring a proceeding\nto another court under a cross-vesting law.\n(2) The registrar must send to the other court all documents filed in the\ncourt and a sealed copy of orders made in the proceeding.\n","sortOrder":911},{"sectionNumber":"3310","sectionType":"section","heading":"Cross-vesting—procedure following transfer of","content":"3310 Cross-vesting—procedure following transfer of\nproceeding to court\n(1) This rule applies if a proceeding is transferred to the court from\nanother court under a cross-vesting law.\n(2) The registrar must—\n(a) give a distinguishing number or other unique identifier to the\n(b) record in the cause book—\n(i) the distinguishing number or other unique identifier given\nto the proceeding; and\n(ii) the date when the proceeding was sent to the court; and\n(iii) any other information that the court directs.\n(3) The registrar must—\n(a) give each party to the proceeding notice of the distinguishing\nnumber or other unique identifier given to the proceeding; and\n\nRule 3311\n(b) direct each party to file in the court, not later than 7 days after\nthe day the proceeding is transferred to the court, a notice that\nstates the party’s address for service.\n","sortOrder":912},{"sectionNumber":"3311","sectionType":"section","heading":"Cross-vesting—application of another jurisdiction’s","content":"3311 Cross-vesting—application of another jurisdiction’s\nwritten law\n(1) This rule applies if a party to a proceeding wants to have a written\nlaw of another State or Territory applied under the Cross-vesting Act,\nsection 11 (1) (b) (Conduct of proceedings) in the proceeding in\ndeciding a right of action arising under the written law of the other\nState or Territory.\n(2) The party’s pleadings must include a statement identifying the right\nof action and the written law under which it arises.\n","sortOrder":913},{"sectionNumber":"3312","sectionType":"section","heading":"Cross-vesting—application of another jurisdiction’s rules","content":"3312 Cross-vesting—application of another jurisdiction’s rules\nof evidence and procedure\n(1) This rule applies if a party to a proceeding wants to have rules of\nevidence and procedure, other than those of the court, applied under\nthe Cross-vesting Act, section 11 (1) (c) in dealing with a matter to\nbe decided in the proceeding.\n(2) The party’s pleadings must include a statement identifying the rules\nthat the party wants applied.\n\nRule 3350\n","sortOrder":914},{"sectionNumber":"3350","sectionType":"section","heading":"Definitions—pt 3.6","content":"3350 Definitions—pt 3.6\nelection application means an application under the Electoral Act,\npart 16 (Disputed elections, eligibility and vacancies) disputing the\nvalidity of an election made in accordance with the Electoral Act,\nsection 258 (Form of application).\nElectoral Act means the Electoral Act 1992.\n","sortOrder":915},{"sectionNumber":"3351","sectionType":"section","heading":"Terms used in Electoral Act","content":"3351 Terms used in Electoral Act\nA term used in the Electoral Act has the same meaning in this part.\nNote For example, the following terms are defined in the Electoral Act, s 250\n(Definitions—pt 16):\n• application\n• Court of Disputed Elections\n• election\n• proceeding.\nAlso, the following terms are defined in the Electoral Act, dictionary:\n• Assembly\n• ballot paper\n• commissioner\n• newspaper.\n\nElectoral matters—general Division 3.6.1\nRule 3352\n","sortOrder":916},{"sectionNumber":"3352","sectionType":"section","heading":"Application—pt 3.6","content":"3352 Application—pt 3.6\nThis part applies only to the Supreme Court when exercising its\njurisdiction as the Court of Disputed Elections.\nNote The Electoral Act, s 252 (1) (Court of Disputed Elections) provides that\nthe Supreme Court has jurisdiction to hear and decide—\n(a) applications disputing the validity of elections; and\n(b) questions referred to the Supreme Court by resolution of the\nAssembly relating to the eligibility of people who have been\ndeclared elected to be members of the Assembly or vacancies in\nthe membership of the Assembly.\nThat Act, s 252 (2) provides that, when exercising jurisdiction under\ns 252 (1), the Supreme Court is to be known as the Court of Disputed\nElections.\n","sortOrder":917},{"sectionNumber":"3353","sectionType":"section","heading":"Election application etc originating application","content":"3353 Election application etc originating application\n(1) To remove any doubt, these rules apply to an election application as\nif the application were an originating application.\n(2) These rules apply in relation to a reference to the court under the\nElectoral Act, division 16.4 (Eligibility and vacancies) as if a\nstatement under the Electoral Act, section 276 (Speaker to state case)\nsetting out a question referred by the Assembly were an originating\n(3) These rules apply to an election application or a statement mentioned\nin subrule (2)—\n(a) subject to the Electoral Act and this part; and\n(b) with any necessary changes.\n\nRule 3355\n","sortOrder":918},{"sectionNumber":"3355","sectionType":"section","heading":"Disputed election—deposit as security for costs","content":"3355 Disputed election—deposit as security for costs\nFor the Electoral Act, section 260 (1) (Deposit as security for costs),\nthe amount a plaintiff must deposit with the registrar as security for\ncosts is $2 000.\n","sortOrder":919},{"sectionNumber":"3356","sectionType":"section","heading":"Disputed election—public notice of election application","content":"3356 Disputed election—public notice of election application\n(1) This rule applies if a person files an election application in the court.\n(2) After filing the election application, the plaintiff must, as soon as\npossible but not later than 7 days before the return date for the election\napplication, publish a notice of the filing of the application in a\nnewspaper.\n(3) The notice must state—\n(a) the plaintiff’s name, the date of filing and the declaration sought;\nand\n(b) as briefly as practicable, the facts relied on to invalidate the\nelection.\n","sortOrder":920},{"sectionNumber":"3357","sectionType":"section","heading":"Disputed election—parties to proceeding","content":"3357 Disputed election—parties to proceeding\nThe parties to a proceeding under the Electoral Act, division 16.3\n(Disputed elections) are—\n(a) the plaintiff; and\n(b) each other person who—\n(i) is entitled under the Electoral Act, section 262 (Parties to\napplication under div 16.3) or section 263 (Withdrawal and\nabatement of application) to appear in the proceeding; and\n\nDisputed elections Division 3.6.2\nRule 3358\n(ii) files a notice of intention to respond.\nNote For provisions about when a notice of intention to respond must be filed\netc, see r 102 (Notice of intention to respond or defence—filing and\nservice).\n","sortOrder":921},{"sectionNumber":"3358","sectionType":"section","heading":"Disputed election—public notice of intention to make","content":"3358 Disputed election—public notice of intention to make\napplication for leave to withdraw\nFor the Electoral Act, section 263 (3) (Withdrawal and abatement of\napplication), the notices required by that subsection must be\npublished and given not later than 7 days before the leave application\nis filed in the court.\n","sortOrder":922},{"sectionNumber":"3359","sectionType":"section","heading":"Disputed election—particulars of contested ballot papers","content":"3359 Disputed election—particulars of contested ballot papers\n(1) This rule applies if an election application—\n(a) seeks a declaration that—\n(i) a person who has been declared elected was not duly\nelected; or\n(ii) a person who has not been declared elected was duly\nelected; and\n(b) states a claim or objection to ballot papers or a class of ballot\n(2) Not later than 7 days before the return date for the election\napplication, each party to the proceeding must file, and serve on each\nother party—\n(a) a list of the ballot papers or classes of ballot papers intended to\nbe claimed or objected to; and\n(b) if the ballot papers are being objected to—a statement of the\ngrounds for the objection.\n\nRule 3360\n(3) If a party does not include a ground for an objection in the party’s\nstatement mentioned in subrule (2) (b), the party may only rely on the\nground with the court’s leave.\n(4) Without limiting rule 6902 (Leave may be given on conditions), leave\nmay be given on any of the following conditions:\n(a) conditions about amendment of the statement and service of the\namended statement;\n(b) conditions about adjournment and costs.\n","sortOrder":923},{"sectionNumber":"3360","sectionType":"section","heading":"Disputed election—countercharges","content":"3360 Disputed election—countercharges\n(1) This rule applies if a defendant to an election application to which\nrule 3359 applies intends to oppose the election application on a\nground not mentioned in the party’s statement (if any) under that rule.\n(2) Not later than 7 days after the day the defendant files a notice of\nintention to respond, the defendant must—\n(a) file in the court a statement of the grounds on which the\ndefendant intends to rely in opposing the election application;\nand\n(b) serve a stamped copy of the statement on the plaintiff.\n(3) The statement must set out the facts the defendant relies on with\nsufficient particularity to identify the ground on which the defendant\nopposes the election application.\n\nDisputed elections Division 3.6.2\nRule 3361\n","sortOrder":924},{"sectionNumber":"3361","sectionType":"section","heading":"Disputed election—time of trial etc","content":"3361 Disputed election—time of trial etc\n(1) The trial of an election application must be held at a time set by the\n(2) If the court makes an order setting the time for the trial, the plaintiff\nmust, not later than 14 days before the trial date—\n(a) serve a sealed copy of the order on each other party; and\n(b) publish notice of the trial in a newspaper.\n(3) An order setting the time of the trial may be amended by the court\nfrom time to time.\n","sortOrder":925},{"sectionNumber":"3362","sectionType":"section","heading":"Disputed election—substitution of plaintiff","content":"3362 Disputed election—substitution of plaintiff\n(a) the court is deciding whether to give leave under the Electoral\nAct, section 263 (Withdrawal and abatement of application) for\nthe withdrawal of an election application; or\n(b) the sole plaintiff, or the last survivor of several plaintiffs, for an\nelection application dies before the trial of the application.\n(2) The court may order that someone else be substituted as the plaintiff\nif the other person—\n(a) is entitled to dispute the validity of the election on similar\ngrounds to the plaintiff; and\n(b) agrees to be substituted as the plaintiff.\nNote 1 Pt 6.2 (Applications in proceedings) applies to an application for an order.\n\nDivision 3.6.3 Questions referred by Legislative Assembly\nRule 3363\n","sortOrder":926},{"sectionNumber":"3363","sectionType":"section","heading":"Disputed election—withdrawal of defendant","content":"3363 Disputed election—withdrawal of defendant\nFor the Electoral Act, section 263 (9) (a) (Withdrawal and abatement\nof application), the defendant’s notice of intention not to oppose an\nelection application must be filed in the court.\n","sortOrder":927},{"sectionNumber":"3364","sectionType":"section","heading":"Disputed election—substitution of defendant","content":"3364 Disputed election—substitution of defendant\nFor the Electoral Act, section 263 (9) (e) (Withdrawal and abatement\nof application), the period within which a notice of intention to\nrespond must be filed by a person wanting to become a defendant is\nas soon as possible, but not later than 7 days after the day when notice\nthat a person has ceased to be a defendant is published in a newspaper\nin accordance with the Electoral Act, section 263 (9) (d) (i).\nDivision 3.6.3 Questions referred by Legislative\nAssembly\n","sortOrder":928},{"sectionNumber":"3400","sectionType":"section","heading":"Question referred—parties to proceeding","content":"3400 Question referred—parties to proceeding\nA person is a party to a proceeding under the Electoral Act,\ndivision 16.4 (Eligibility and vacancies) if the person—\n(a) is entitled under the Electoral Act, section 277 (Parties to a\nreferral) to appear in the proceeding; and\n(b) the person files a notice of intention to respond.\nNote For provisions about when a notice of intention to respond or defence\nmust be filed etc, see r 102 (Notice of intention to respond or defence—\nfiling and service).\n\nElectoral matters—general procedure Division 3.6.4\nRule 3405\nDivision 3.6.4 Electoral matters—general procedure\n","sortOrder":929},{"sectionNumber":"3405","sectionType":"section","heading":"Electoral matters—better particulars","content":"3405 Electoral matters—better particulars\nThe court may order a party to a proceeding under the Electoral Act,\npart 16 (Disputed elections, eligibility and vacancies) to give another\nparty particulars, or better particulars, of a matter alleged by the party.\nfor particulars, or better particulars.\n\nRule 3450\nPart 3.7 Foreign and interstate\nconfiscation orders—registration\nDivision 3.7.1 Foreign confiscation orders—\n3450 Definitions—div 3.7.1\nforeign confiscation order means—\n(a) any of the following orders within the meaning of the Mutual\nAssistance in Criminal Matters Act 1987 (Cwlth), section 3 (1):\n(i) a foreign forfeiture order;\n(ii) a foreign pecuniary penalty order;\n(iii) a foreign restraining order; or\n(b) a forfeiture order within the meaning of the International War\nCrimes Tribunals Act 1995 (Cwlth), section 4.\nregister means the register of foreign confiscation orders kept under\nrule 3452.\n","sortOrder":930},{"sectionNumber":"3451","sectionType":"section","heading":"Application—div 3.7.1","content":"3451 Application—div 3.7.1\n","sortOrder":931},{"sectionNumber":"3452","sectionType":"section","heading":"Foreign confiscation orders—register","content":"3452 Foreign confiscation orders—register\n(1) The registrar must keep a register of foreign confiscation orders.\n\nForeign confiscation orders—registration Division 3.7.1\nRule 3453\n(3) The registrar must record in the register, for each foreign confiscation\norder registered—\n(a) the date when the order was filed in the court ;and\n(b) the date when the order was made; and\n(c) the name of the court or other entity that made the order; and\n(d) the name of the person subject to the order; and\n(e) the name of the person who applied for registration of the order,\nor for whose benefit the order was registered; and\n(f) if the order is amended—the date the order is amended; and\n(g) if the order is cancelled—the date the order is cancelled.\n(4) Subrule (3) does not limit the details of the order that the registrar\nmay include in the register.\n","sortOrder":932},{"sectionNumber":"3453","sectionType":"section","heading":"Foreign confiscation orders—registration","content":"3453 Foreign confiscation orders—registration\nA foreign confiscation order, or an amendment of a foreign\nconfiscation order, is registered when details of the order or\namendment are included in the register.\nNote The Mutual Assistance in Criminal Matters Act 1987 (Cwlth), s 34A (5)\n(Registration of foreign confiscation orders), and the International War\nCrimes Tribunals Act 1995 (Cwlth), s 45 (2) (Registration of order)\nprovide for foreign confiscation orders (and amendments) to be registered\nin the Supreme Court of a State or Territory where the property (or part\nof the property) that is the subject of the order is believed to be located.\nRegistration is required by those provisions to be in accordance with the\nrules of court.\n","sortOrder":933},{"sectionNumber":"3454","sectionType":"section","heading":"Foreign confiscation orders—proceedings for","content":"3454 Foreign confiscation orders—proceedings for\n(1) An application for registration of a foreign confiscation order, or an\namendment of a foreign confiscation order, must—\n(a) be made by originating application; and\n\nRule 3454\n(b) if the application relates to a forfeiture order within the meaning\nof the International War Crimes Tribunals Act 1995 (Cwlth)—\nbe accompanied by an affidavit by the plaintiff setting out\nparticulars necessary to enable the court to comply with that Act,\nsection 45 (1).\nNote Section 45 (1) requires the court, on registration of the order, to\ndirect the Commonwealth director of public prosecutions to give\nnotice of registration ‘to specified persons…the court has reason to\nbelieve may have an interest in the property [that is the subject of\nthe order]’.\n(2) The person against whom the foreign confiscation order was made\nmust be named as the defendant to the application.\n(3) The application may be made without notice to anyone unless the\n(5) If the application asks for the application to be dealt with under this\nsubrule, the court may make an order for registration of the foreign\nconfiscation order or amendment in closed court and in the absence\n(6) If the court makes an order for registration of a foreign confiscation\norder, or an amendment of a foreign confiscation order, the plaintiff\nmust serve on the defendant—\n(a) a sealed copy of the order for registration; and\n(b) a certified copy of the registered foreign confiscation order or\nregistered amendment of a foreign confiscation order.\n\nInterstate confiscation orders—registration Division 3.7.2\nRule 3455\n","sortOrder":934},{"sectionNumber":"3455","sectionType":"section","heading":"Foreign confiscation orders—when registration cancelled","content":"3455 Foreign confiscation orders—when registration cancelled\nThe registration of a foreign confiscation order is cancelled when a\nnote of its cancellation is endorsed on the copy of the order filed in\nthe court and details of the cancellation are included in the register.\nDivision 3.7.2 Interstate confiscation orders—\n","sortOrder":935},{"sectionNumber":"3460","sectionType":"section","heading":"Definitions—div 3.7.2","content":"3460 Definitions—div 3.7.2\ninterstate confiscation order means any of the following within the\nmeaning of the Confiscation of Criminal Assets Act 2003:\n(a) an interstate restraining order;\n(b) an interstate automatic forfeiture decision;\n(c) an interstate civil forfeiture order;\n(d) an interstate conviction forfeiture order.\nregister means the register of interstate confiscation orders kept under\nrule 3461.\n","sortOrder":936},{"sectionNumber":"3461","sectionType":"section","heading":"Interstate confiscation orders—register","content":"3461 Interstate confiscation orders—register\n(1) The registrar must keep a register of interstate confiscation orders.\n(3) The registrar must record in the register, for each interstate\nconfiscation order filed—\n(a) the date when the order was filed in the court ;and\n(b) the date when the order was made; and\n\nDivision 3.7.2 Interstate confiscation orders—registration\nRule 3462\n(c) the name of the court or other entity that made the order; and\n(d) the name of the person subject to the order; and\n(e) the name of the person who applied for registration of the order,\nor for whose benefit the order was registered; and\n(f) if the order is amended—the date the order is amended; and\n(g) if the order is cancelled—the date the order is cancelled.\n(4) Subrule (3) does not limit the details of the order that the registrar\nmay include in the register.\n","sortOrder":937},{"sectionNumber":"3462","sectionType":"section","heading":"Interstate confiscation orders—registration","content":"3462 Interstate confiscation orders—registration\nAn interstate confiscation order, or an amendment of an interstate\nconfiscation order, is registered when details of the order or\namendment are included in the register.\nNote The Confiscation of Criminal Assets Act 2003, s 137 provides for\ninterstate confiscation orders (and amendments) to be registered in court\nif the property (or part of the property) is situated in the ACT. They may\nbe registered in the Supreme Court or the Magistrates Court (see that Act,\ns 238, s 240 and s 241). Registration is required to be in accordance with\nthe procedure of the relevant court (see that Act, s 137 (5)).\n","sortOrder":938},{"sectionNumber":"3463","sectionType":"section","heading":"Interstate confiscation orders—proceedings for","content":"3463 Interstate confiscation orders—proceedings for\n(1) An application for registration of an interstate confiscation order, or\nan amendment of an interstate confiscation order, must be made by\n(2) The person against whom the interstate confiscation order was made\nmust be named as the defendant to the application.\n(3) The application may be made without notice to anyone unless the\n\nInterstate confiscation orders—registration Division 3.7.2\nRule 3464\n(5) If the application asks for the application to be dealt with under this\nsubrule, the court may make an order for registration of the interstate\nconfiscation order or amendment in closed court and in the absence\n(6) If the court makes an order for registration of an interstate\nconfiscation order, or an amendment of an interstate confiscation\norder, the plaintiff must serve on the defendant—\n(a) a sealed copy of the order for registration; and\n(b) a certified copy of the registered interstate confiscation order or\nregistered amendment of an interstate confiscation order.\n","sortOrder":939},{"sectionNumber":"3464","sectionType":"section","heading":"Interstate confiscation orders—when registration","content":"3464 Interstate confiscation orders—when registration\ncancelled\nThe registration of an interstate confiscation order is cancelled when\na note of its cancellation is endorsed on the copy of the order filed in\nthe court and details of the cancellation are included in the register.\n","sortOrder":940},{"sectionNumber":"3465","sectionType":"section","heading":"Interstate confiscation orders—filing of amendments etc","content":"3465 Interstate confiscation orders—filing of amendments etc\nFor the Confiscation of Criminal Assets Act 2003, section 141 (1) (b),\ndetails of any amendment of an interstate confiscation order, or any\ndirection of the entity that made an interstate confiscation order, may\nbe given to the court only by filing in the court a copy of the\namendment or direction sealed by the entity that made the order or\ngave the direction or otherwise authenticated to the court’s\nNote Section 141 (1) provides that unless details of these amendments or\ndirections are given to the court in accordance with the procedures of the\ncourt, the registration of the order may be cancelled.\n\nRule 3470\nPart 3.8 Foreign judgments—reciprocal\n","sortOrder":941},{"sectionNumber":"3470","sectionType":"section","heading":"Definitions—pt 3.8","content":"3470 Definitions—pt 3.8\nForeign Judgments Act means the Foreign Judgments Act 1991\njudgment means a judgment to which the Foreign Judgments Act,\npart 2 applies.\n","sortOrder":942},{"sectionNumber":"3471","sectionType":"section","heading":"Terms used in Foreign Judgments Act","content":"3471 Terms used in Foreign Judgments Act\nA term used in the Foreign Judgments Act has the same meaning in\nNote For example, the following terms are defined in the Foreign Judgments\nAct, s 3 (Interpretation):\n• judgment\n• judgment creditor\n• judgment debtor\n• money judgment\n• non-money judgment\n• non-recoverable tax\n• original court\n• recoverable Papua New Guinea income tax\n","sortOrder":943},{"sectionNumber":"3472","sectionType":"section","heading":"Application—pt 3.8","content":"3472 Application—pt 3.8\n\nRule 3473\n","sortOrder":944},{"sectionNumber":"3473","sectionType":"section","heading":"Foreign judgment—application for registration","content":"3473 Foreign judgment—application for registration\n(1) An application for registration of a judgment must be made by\nNote See approved form 3.40 (Originating application for registration of\njudgment under Foreign Judgments Act 1991 (Cwlth)) AF2006-368.\n(a) a copy of the judgment certified by the original court; and\n(b) if the certified copy of the judgment is not English—a written\nEnglish translation of the judgment certified, in writing, by a\nnotary public or proved by affidavit; and\n(c) the supporting affidavit required by rule 3474.\n(3) An application for registration of a judgment may be made without\nnotice to anyone or on notice given to the judgment debtor.\n(5) Unless the court otherwise orders on application or its own initiative,\nan application under this rule may be dealt with without a hearing and\n","sortOrder":945},{"sectionNumber":"3474","sectionType":"section","heading":"Foreign judgment—evidence in support of application for","content":"3474 Foreign judgment—evidence in support of application for\n(1) The supporting affidavit for an application for registration of a\njudgment must state the following particulars:\n(a) the full name and last-known address of the judgment creditor\nand judgment debtor;\n(b) the facts that show that the Foreign Judgments Act, part 2\napplies to the judgment;\n\nRule 3474\n(c) the regulation under the Foreign Judgments Act that extends that\nAct, part 2 in relation to the judgment;\n(d) the nature of the causes of action to which the judgment relates;\n(e) that a regulation has not been made under the Foreign Judgments\nAct, section 13 applying the section to the country of the original\n(f) if the judgment is a money judgment—the amount of the\njudgment, on the day the application is made, in the currency of\nthe original judgment and in Australian currency;\n(g) that the judgment has not been completely satisfied or, if the\njudgment has been partly satisfied, the amount for which it\nremains unsatisfied on the day the application is made;\n(h) if some only of the provisions of the judgment are subject to the\napplication—the provisions of the judgment to which the\napplication applies;\n(i) that there is no reason why the judgment could not be enforced\nin the country of the original court;\n(j) the costs of registration of the judgment incurred by the\napplicant;\n(k) if the judgment creditor wants the judgment to be registered in a\ncurrency other than Australian currency—the rate of exchange\nprevailing on the day the affidavit is made;\n(l) if it is more than 6 years after the day the judgment was\nentered—whether there has been a proceeding by way of appeal\nagainst the judgment and, if so, the date of the last judgment in\nthe proceeding;\n(m) if interest is payable on the judgment under the law of the\ncountry of the original court and the interest is not stated in the\njudgment—the rate of interest;\n\nRule 3475\n(n) if interest is payable on the judgment—the amount of interest\nthat has accrued by the day the application is made;\n(o) if the judgment is a judgment of a court of Papua New Guinea—\nthe amount (if any) payable under the judgment that is\nrecoverable Papua New Guinea income tax or non-recoverable\ntax.\n(2) The person making the affidavit may state the particulars mentioned\nin subrule (1) as the belief of the person, giving the source of the\nperson’s information and the grounds of the person’s belief.\n","sortOrder":946},{"sectionNumber":"3475","sectionType":"section","heading":"Foreign judgment—security for costs of application for","content":"3475 Foreign judgment—security for costs of application for\nThe court may order that a judgment creditor who has applied for\nregistration of a judgment give security for the costs of any\nproceeding that may be brought under the Foreign Judgments Act,\nsection 7 to set aside registration of the judgment.\n","sortOrder":947},{"sectionNumber":"3476","sectionType":"section","heading":"Foreign judgment—order for registration","content":"3476 Foreign judgment—order for registration\nThe court may order the registration of a judgment on application in\naccordance with this part.\nNote See approved form 3.41 (Order for registration of judgment under\nForeign Judgments Act 1991 (Cwlth)) AF2015-34.\n","sortOrder":948},{"sectionNumber":"3477","sectionType":"section","heading":"Foreign judgment—register","content":"3477 Foreign judgment—register\n(1) The registrar must keep a register of registered judgments.\n\nRule 3478\n","sortOrder":949},{"sectionNumber":"3478","sectionType":"section","heading":"Foreign judgment—registration","content":"3478 Foreign judgment—registration\n(1) If the court orders that a judgment be registered, the registrar must\nregister the judgment by entering in the register of foreign judgments\nthe following particulars of the judgment:\n(a) the full name and last-known address of the judgment creditor\nand judgment debtor;\n(b) the name of the original court;\n(c) the details of the judgment;\n(d) the date of the order that the judgment be registered;\n(e) if the judgment is a money judgment—the amount of the\njudgment, at the time of registration of the judgment, in the\ncurrency of the original judgment and in Australian currency\nafter deducting any amount paid in satisfaction of the judgment;\n(f) if the judgment is a non-money judgment—a brief description\nof the terms of the judgment;\n(g) the amount payable under the judgment after deducting any\namount paid in part satisfaction of the judgment;\n(h) any interest that, under the law of the country of the original\ncourt, has become payable under the judgment up to the time of\nregistration.\n(2) The registrar must also record the following details in the register:\n(a) the reasonable costs of, and incidental to, registration of the\njudgment including—\n(i) the cost of obtaining a certified copy of the judgment from\nthe original court; and\n(ii) the costs of obtaining from foreign exchange dealers\nevidence of the rates at which Australian dollars may be\nbought in the currency in which the judgment is expressed;\n\nRule 3479\n(b) any special directions contained in the order for registration.\n","sortOrder":950},{"sectionNumber":"3479","sectionType":"section","heading":"Foreign judgment—notice of registration","content":"3479 Foreign judgment—notice of registration\n(1) The judgment creditor under a registered judgment must, not later\nthan 28 days after the day the judgment is registered, serve—\n(a) notice of the registration on the judgment debtor; and\nNote See approved form 3.42 (Notice of registration of judgment order\nunder Foreign Judgments Act 1991 (Cwlth)) AF2006-370.\n(b) a sealed copy of the order for registration; and\n(c) a stamped copy of the affidavit filed under rule 3474 (1) (c).\n(2) Unless the court otherwise orders, the notice and accompanying\ndocuments must be served personally.\n","sortOrder":951},{"sectionNumber":"3480","sectionType":"section","heading":"Notice of registration—affidavit of service to be filed","content":"3480 Notice of registration—affidavit of service to be filed\nAn affidavit of service of the notice of registration of a judgment and\naccompanying documents must be filed in the court before any step\nis taken to enforce the judgment.\n","sortOrder":952},{"sectionNumber":"3481","sectionType":"section","heading":"Registration of judgment—application to set aside","content":"3481 Registration of judgment—application to set aside\nAn application to set aside the registration of a judgment must—\n(a) be made within the period stated in the order for registration of\nthe judgment; and\n(b) be supported by an affidavit setting out the specific grounds on\nwhich the application is made.\n\nRule 3482\n","sortOrder":953},{"sectionNumber":"3482","sectionType":"section","heading":"Foreign judgment—enforcement","content":"3482 Foreign judgment—enforcement\n(1) The form of enforcement order used in relation to the enforcement of\na registered judgment must be amended, in a way approved by the\nregistrar, by stating—\n(a) that the judgment is a registered judgment; and\n(b) the date of, and the amount payable under, the judgment.\n(2) If a registered judgment is enforced, the registrar must, as soon as\npracticable after the return of the enforcement order to the court, enter\ndetails of the enforcement in the register of registered judgments.\n","sortOrder":954},{"sectionNumber":"3483","sectionType":"section","heading":"Australian judgment—certificate for foreign registration","content":"3483 Australian judgment—certificate for foreign registration\n(1) An application under the Foreign Judgments Act, section 15 (Issue of\ncertificates of judgments obtained in Australian courts) in relation to\na judgment that has been given in an Australian court may be made\nwithout notice to anyone.\n(2) The application must be made—\n(a) in the proceeding in which the judgment was obtained; and\n(b) by filing—\n(i) a draft of the certificate sought; and\n(ii) a supporting affidavit.\n(4) The supporting affidavit must include all information that would\nenable the certificate to be issued.\n\nRule 3483\n(5) For the Foreign Judgments Act, section 15 (1) (b), the certificate must\nbe in accordance with the form approved under the Court Procedures\nAct 2004, section 8 for the certificate.\nNote See approved form 3.43 (Certificate of judgment under the Foreign\nJudgments Act 1991 (Cwlth)) AF2006-371.\n(6) Unless the court otherwise orders on application or its own initiative,\nan application under this rule may be dealt with without a hearing and\n\nRule 3500\n","sortOrder":955},{"sectionNumber":"3500","sectionType":"section","heading":"Definitions—pt 3.9","content":"3500 Definitions—pt 3.9\ncustody includes confinement.\ndefendant means the person named as the defendant in—\n(a) a habeas corpus order; or\n(b) an application for a habeas corpus order.\nhabeas corpus order includes an order for the production of a person\nin custody for the purpose of examination or trial.\n3501 Application—pt 3.9\nThis part applies only to the Supreme Court.\n3502 Habeas corpus—writs of habeas corpus abolished\nWrits of habeas corpus are no longer to be issued by the court.\n3503 Habeas corpus—order instead of writ of habeas corpus\n(1) If, before the commencement of these rules, the court had jurisdiction\nto grant any relief by way of a writ of habeas corpus, the court\ncontinues to have jurisdiction to grant the relief.\n(2) However, the court may grant the relief only by making an order\nunder these rules in the nature of, and to the same effect as, the relief\nthat would have been available before the commencement of these\n\nHabeas corpus Part 3.9\nRule 3504\n","sortOrder":956},{"sectionNumber":"3504","sectionType":"section","heading":"Habeas corpus—application and service","content":"3504 Habeas corpus—application and service\n(1) A proceeding for a habeas corpus order must be started by originating\nof originating applications, the filing of originating applications, etc. The\ndivision applies, subject to this part (see r 22 (Application—ch 2)), to an\napplication for a habeas corpus order.\n(2) However, if an application for a habeas corpus order in relation to a\nproceeding is made during the proceeding, the application must be\nmade in accordance with part 6.2 (Applications in proceedings).\n(4) The affidavit may—\n(a) be made by someone else on behalf of the person in custody;\nand\n(b) contain statements based on information and belief if the person\nmaking it states the sources of the information and the grounds\nfor the belief.\nNote The hearsay rule does not apply to evidence in an application in a\nproceeding if the party adducing the evidence also adduces evidence of\nits source (see Evidence Act, s 75 (Exception—interlocutory\nproceedings)).\n(5) The application need not be served on anyone unless the court\n","sortOrder":957},{"sectionNumber":"3505","sectionType":"section","heading":"Habeas corpus—parties","content":"3505 Habeas corpus—parties\nAn application for a habeas corpus order may be made by the person\nin custody or by someone else.\n\nRule 3506\n","sortOrder":958},{"sectionNumber":"3506","sectionType":"section","heading":"Habeas corpus—procedure on application etc","content":"3506 Habeas corpus—procedure on application etc\n(1) On the hearing of an application for a habeas corpus order, the court\nmay—\n(a) order the release or other disposition of the person in custody;\nor\n(b) order the issue of a habeas corpus order directed to the defendant\nand to anyone else and give directions about the course to be\ntaken under the habeas corpus order; or\n(c) dismiss the application.\nNote See approved form 3.44 (Habeas corpus order) AF2006-372.\n(2) If a habeas corpus order is issued—\n(a) the person to whom the order is directed must bring the person\nin custody before the court as directed in the order; and\n(b) unless the court otherwise orders, the following must be served\npersonally on everyone to whom the order is directed:\n(i) a sealed copy of the order;\n(ii) the application for the order;\n(iii) the supporting affidavits;\n(iv) a notice stating the things to be done by the person under\nthe order and the consequences of failing to comply with\nNote 1 See r 6405 (How document is personally served). Service may be made\nin another way eg by substituted service (see r 6460 (Substituted\nNote 2 The documents must be served as soon as possible (see Legislation Act,\ns 151B (Doing things for which no time is fixed)).\n\nHabeas corpus Part 3.9\nRule 3507\n(3) However, if a habeas corpus order is directed to the person in charge\nof the place where the person is in custody, a document mentioned in\nsubrule (2) (b) may be served—\n(a) by sending a copy by prepaid post to the place where the person\nis in custody, addressed to the person in charge of the place; or\n(4) The court may, pending the return of the habeas corpus order, make\nan order about the custody of the person in custody.\n","sortOrder":959},{"sectionNumber":"3507","sectionType":"section","heading":"Habeas corpus—return of order","content":"3507 Habeas corpus—return of order\nOn the return of a habeas corpus order, the court may do any of the\n(a) receive further evidence in support of the application for release\nfrom custody;\n(b) allow a person to whom the order is directed to show cause why\nthe person should not be released from custody;\n(c) if it considers the person’s custody is unlawful—order the\nperson’s release or other disposition;\n(d) set aside the order;\n\nRule 3507\n(e) if the evidence presented to the court suggests someone else has\ncustody of the person in custody—order another habeas corpus\norder issue directed to the other person;\n(f) make an order or give directions about the disposal of the\nproceeding, or about the person in custody, it considers\n\nRule 3550\n","sortOrder":960},{"sectionNumber":"3550","sectionType":"section","heading":"Definitions—pt 3.10","content":"3550 Definitions—pt 3.10\ncertiorari order means an order the relief under which is in the nature\nof, and to the same effect as, the relief that could, apart from these\nrules, have been granted by way of a writ of certiorari.\nJudicial Review Act means the Administrative Decisions (Judicial\nReview) Act 1989.\njudicial review application means—\n(a) an application for a statutory order of review; or\n(b) an application for prerogative relief; or\n(c) an application for a statutory order of review and prerogative\nrelief; or\n(d) an application mentioned in rule 3561 (Judicial review—\napplication for statutory order of review and prerogative relief\netc); or\n(e) an application in relation to which an order is made under\nrule 3562 (Judicial review—relief based on application for\nprerogative relief etc if application made for statutory order of\nreview).\nprerogative injunction means an injunction mentioned in\nrule 3554 (3) (c) (Judicial review—relief previously granted by\nprerogative writ etc).\nprerogative order means an order mentioned in rule 3554 (2)\n(Judicial review—relief previously granted by prerogative writ etc).\nprerogative relief means a prerogative order, and includes a\nprerogative injunction or declaration.\n\nRule 3551\nprohibition order means an order the relief under which is in the\nnature of, and to the same effect as, the relief that could, apart from\nthese rules, have been granted by way of a writ of prohibition.\nquo warranto order means an order the relief under which is in the\nnature of, and to the same effect as, the relief that could, apart from\nthese rules, have been granted on an information in the nature of quo\nwarranto.\nstatutory order of review means an order on an application made—\n(a) under the Judicial Review Act, section 5 (Applications for\nreview of decisions) in relation to a decision to which that Act\napplies; or\n(b) under the Judicial Review Act, section 6 (Applications for\nreview of conduct related to making of decisions) in relation to\nconduct engaged in, or proposed to be engaged in, for the\npurpose of making a decision to which that Act applies; or\n(c) under the Judicial Review Act, section 7 (Applications for\nfailures to make decisions) in relation to a failure to make a\ndecision to which that Act applies.\n","sortOrder":961},{"sectionNumber":"3551","sectionType":"section","heading":"Terms defined in Judicial Review Act","content":"3551 Terms defined in Judicial Review Act\nA term defined in the Judicial Review Act has the same meaning in\nNote For example, the Judicial Review Act defines the following terms:\n• conduct engaged in (for the purpose of making a decision) (see s 3C)\n• decision to which this Act applies (see dict)\n• failure to make (a decision) (see s 3A)\n• making (a decision) (see s 3A)\n• statement of reasons (for a decision) (see dict).\n","sortOrder":962},{"sectionNumber":"3552","sectionType":"section","heading":"Application—pt 3.10","content":"3552 Application—pt 3.10\nThis part applies only to the Supreme Court.\n\nRule 3553\n","sortOrder":963},{"sectionNumber":"3553","sectionType":"section","heading":"Judicial review—prerogative writs etc abolished","content":"3553 Judicial review—prerogative writs etc abolished\n(1) The prerogative writs of mandamus, prohibition and certiorari are no\nlonger to be issued by the Supreme Court.\n(2) Informations in the nature of quo warranto are abolished.\n","sortOrder":964},{"sectionNumber":"3554","sectionType":"section","heading":"Judicial review—relief previously granted by prerogative","content":"3554 Judicial review—relief previously granted by prerogative\nwrit etc\n(1) If, before the commencement of these rules, the court had jurisdiction\nto grant any relief by way of a writ of mandamus, prohibition or\ncertiorari, or on an information in the nature of quo warranto, the\ncourt continues to have jurisdiction to grant the relief.\n(2) However, the court may grant the relief only by making an order\nunder these rules in the nature of, and to the same effect as, the relief\nthat would have been available before the commencement of these\n(3) For example, if—\n(a) someone acts in an office in which the person is not entitled to\nact; and\n(b) an information in the nature of quo warranto would, but for\nrule 3553 (2) (Judicial review—prerogative writs etc abolished),\nlie against the person;\nthe court may—\n(c) grant an injunction restraining the person from acting in the\noffice; and\n(d) declare the office to be vacant.\n\nRule 3555\n","sortOrder":965},{"sectionNumber":"3555","sectionType":"section","heading":"Judicial review—other jurisdiction not excluded","content":"3555 Judicial review—other jurisdiction not excluded\nThe existence of prerogative relief under this part does not exclude\nany other jurisdiction of the court to grant relief.\nNote The Judicial Review Act, s 8 (1) (Effect of Act on other rights) provides\nthat the rights given to someone under that Act, ss 5-7 to seek an order\nfor review are additional to the person’s rights to seek a review in another\nway.\n","sortOrder":966},{"sectionNumber":"3556","sectionType":"section","heading":"Judicial review—application etc","content":"3556 Judicial review—application etc\n(1) A statutory order of review or prerogative relief must be sought by\nway of judicial review by originating application.\nNote 1 See approved form 3.45 (Originating application—judicial review)\nAF2006-373.\nNote 2 Div 2.2.3 (Originating applications) contains provisions about the content\napplications, etc. The division applies, subject to this part (see r 22\n(Application—ch 2)), to an application for a statutory order of review or\nprerogative relief.\n(2) The application must state—\n(a) if the grounds of the application include an allegation of fraud\nor bad faith—particulars of the fraud or bad faith on which the\nplaintiff relies; and\n(b) if the application is an application for prerogative relief and the\ngrounds of the application include an allegation of a mistake or\nomission in an order or proceeding—particulars of the mistake\nor omission on which the plaintiff relies; and\n(c) if the application is for a quo warranto order in relation to a\nperson’s office—particulars of the objection to the person’s\nentitlement to act in the office.\nNote Rule 60 (3) (Originating application—content etc) provides that the\noriginating application must state specifically the orders or other relief\nsought in the proceeding.\n\nRule 3556\n(3) A person may apply for prerogative relief if the person’s interests are,\nor would be, adversely affected in or by the matter to which the\n(4) A person must be included as a defendant to the application if—\n(a) the application relates to a decision made by an entity authorised\nto make the decision, and the person—\nand\napplication or is interested in maintaining the decision; or\n(b) for a statutory order of review—the application relates to\nconduct engaged in, or proposed to be engaged in, by an entity\nfor the purpose of making a decision to which the Judicial\nReview Act applies, and the person—\nand\napplication or is interested in maintaining the decision; or\n(c) for a statutory order of review—the application relates to a\nfailure by an entity to make a decision to which the Judicial\nReview Act applies, and the person—\nand\nNote For an application for a statutory order of review, the Judicial Review\nAct, s 12 (Application to be made a party to a proceeding) provides that\na person interested in a decision, conduct or failure in relation to which\nan application has been made to the Supreme Court under that Act may\napply to the Supreme Court to be made a party to the application.\n\nRule 3557\n(5) If the application relates to an order of a judicial officer of a court or\nmember of a tribunal, the application must name as defendant the\ncourt or tribunal and not the judicial officer or member personally.\n(6) The application must be accompanied by a supporting affidavit.\n(7) The supporting affidavit must contain—\n(a) the grounds relied on in support of the relief sought; and\n(b) the facts relied on.\n(8) If subrule (2) (b) applies, but has not been complied with, a ground\nmentioned in the subrule must not be relied on.\n(9) If subrule (2) (c) applies, but has not been complied with, a ground\nmentioned in the subrule must not be relied on without the court’s\n","sortOrder":967},{"sectionNumber":"3557","sectionType":"section","heading":"Judicial review—time for starting proceeding","content":"3557 Judicial review—time for starting proceeding\n(1) This rule applies in relation to an application for prerogative relief.\nNote For an application for a statutory order of review, see the Judicial Review\nAct, s 10 (Period in which application for order of review must be made).\n(2) The application must be filed in the court not later than 60 days after\nthe day when the grounds for the grant of the relief sought first arose.\n(3) If the relief sought is in relation to any order, conviction or other\nproceeding, the day when the grounds for the grant of the relief first\narose is taken to be the day of the making of the order, conviction or\nother proceeding.\n(4) The court may extend the time mentioned in subrule (2) only in\nspecial circumstances.\nNote Rule 6351 (Time—extending and shortening by court order) authorises\n\nRule 3558\n","sortOrder":968},{"sectionNumber":"3558","sectionType":"section","heading":"Judicial review—declaration or injunction","content":"3558 Judicial review—declaration or injunction\n(1) A declaration or injunction (other than a prerogative injunction) may\nalso be sought in an application for prerogative relief if appropriate,\nhaving regard to—\n(a) the nature of the matters in relation to which relief may be\nsought; and\n(b) the nature of the entities against whom relief may be sought; and\n(c) all the other circumstances of the case.\n(2) The court may make the declaration or grant the injunction sought\ninstead of, or in addition to, the prerogative relief if it considers it\nappropriate, having regard to the matters mentioned in subrule (1).\n(3) However, if the court considers that—\n(a) the declaration or injunction mentioned in subrule (1) should not\nbe granted in the application for prerogative relief; and\n(b) the relief may have been granted if it had been sought in a\nproceeding started by another originating process at the time of\nstarting the application for prerogative relief;\nthe court may, instead of refusing the application, order the\nproceeding to continue as if it had been started in the way mentioned\nin paragraph (b).\nNote For statutory orders of review, see the Judicial Review Act, s 8 (Effect of\nAct on other rights).\n","sortOrder":969},{"sectionNumber":"3559","sectionType":"section","heading":"Judicial review—other prerogative relief etc","content":"3559 Judicial review—other prerogative relief etc\nOn an application for prerogative relief—\n(a) any prerogative relief, declaration or injunction may be sought\ninstead of, or in addition to, any other prerogative relief,\ndeclaration or injunction if it relates to the same matter; or\n\nRule 3560\n(b) the court may grant the prerogative relief, declaration or\ninjunction it considers the most appropriate available, even if it\nis not included in the application.\nNote For statutory orders of review, see the Judicial Review Act, s 8 (Effect of\nAct on other rights) and s 11 (Application for order of review not limited\nto grounds in application).\n","sortOrder":970},{"sectionNumber":"3560","sectionType":"section","heading":"Judicial review—additional orders","content":"3560 Judicial review—additional orders\n(a) the relief sought in an application for prerogative relief is a\ncertiorari order in relation to an order of an entity; and\n(b) the court is satisfied that there are grounds for setting the order\naside;\nthe court may, in addition to setting aside the order, remit the matter\nto the entity for further consideration, with any directions (including,\nfor example, the setting of time limits for further consideration, and\nfor preparatory steps in the further consideration) the court considers\n(2) If the relief sought in an application for prerogative relief is a\ncertiorari order or prohibition order in relation to an order made in a\nproceeding, the court may—\n(a) by order, suspend the operation of the order, either indefinitely\nor until further order of the court; or\n(b) order a stay of the proceeding until—\n(i) the application is decided; or\n(ii) another time that the court orders.\nNote For statutory orders of review, see the Judicial Review Act, s 16 (Stay of\nproceedings) and s 17 (Powers of Supreme Court in relation to\napplications for order of review).\n\nRule 3561\n","sortOrder":971},{"sectionNumber":"3561","sectionType":"section","heading":"Judicial review—application for statutory order of review","content":"3561 Judicial review—application for statutory order of review\nand prerogative relief etc\n(1) This rule applies if the following relate to the same matter:\n(a) an application for a statutory order of review;\n(b) an application for—\n(i) prerogative relief; or\n(ii) prerogative relief and a declaration or injunction\nmentioned in rule 3558 (1) (Judicial review—declaration\nor injunction).\n(2) The applications may be made in a single application.\nNote See the Judicial Review Act, s 8 (Effect of Act on other rights).\n","sortOrder":972},{"sectionNumber":"3562","sectionType":"section","heading":"Judicial review—relief based on application for","content":"3562 Judicial review—relief based on application for\nprerogative relief etc if application made for statutory\norder of review\n(a) an application is made under this part for a statutory order of\nreview in relation to—\n(i) a decision; or\n(ii) conduct engaged in, or proposed to be engaged in, for the\npurpose of making a decision; or\n(iii) a failure to make a decision; and\n(b) the court considers—\n(i) the decision is not a decision to which this Act applies as\ndefined in the Judicial Review Act, dictionary; and\n\nRule 3563\n(ii) prerogative relief or a declaration or injunction mentioned\nin rule 3558 (1) (Judicial review—declaration or\ninjunction) may have been granted in relation to the\ndecision, conduct or failure if it had been sought in an\napplication for prerogative relief at the time of starting the\napplication for a statutory order of review.\n(2) The court may, instead of refusing the application, order the\nproceeding to continue as if it had been started as an application for\nprerogative relief.\n","sortOrder":973},{"sectionNumber":"3563","sectionType":"section","heading":"Judicial review—filing and serving statements","content":"3563 Judicial review—filing and serving statements\n(1) On the filing of a judicial review application in relation to a decision\nby a person (the decision-maker), or not later than 7 days after the\nday the application is filed, the plaintiff must file copies of any of the\nfollowing documents in the plaintiff’s possession, unless a copy of\nthe document has been filed previously in the proceeding:\n(a) a statement made by the decision-maker of the terms of the\ndecision;\n(i) for an application for a statutory order of review—a\nstatement under the Judicial Review Act, section 13\n(Reasons for decision may be obtained) or the ACT Civil\nand Administrative Tribunal Act 2008, section 22B\n(Requirement to give reasons statements); or\n(ii) any other statement given by or on behalf of the decision-\nmaker purporting to be a statement of reasons for the\n\nRule 3564\n(2) The plaintiff must serve a stamped copy of each statement filed by\nthe plaintiff under subrule (1) on each person on whom a copy of the\njudicial review application is served not later than 5 days after the day\nthe statements are filed.\nNote 1 See r 62 (When originating application must be served) and r 64\n(Originating application—filing and service of supporting affidavits).\nNote 2 If a defendant objects to the competency of an application for a statutory\norder of review, the defendant may file a conditional notice of intention\nto respond under r 111 (Conditional notice of intention to respond).\n","sortOrder":974},{"sectionNumber":"3564","sectionType":"section","heading":"Judicial review—stay or dismissal of application for","content":"3564 Judicial review—stay or dismissal of application for\nstatutory order of review on return date\n(a) a person files an application in the court for a statutory order of\nreview (the review application); and\n(b) a party to the review application applies for an order under the\nJudicial Review Act, section 8 (2) (b).\n(2) The party may apply for the review application to be stayed or\ndismissed as mentioned in rule 3566 (1) (a) (ii) (Judicial review—\npower of the court to stay or dismiss applications in certain\ncircumstances) on the return date for the review application.\n(3) The party must serve a stamped copy of the application on each other\nparty to the review application at least 3 days before the return date\nfor the review application.\nthe shortening of time.\n\nRule 3565\n","sortOrder":975},{"sectionNumber":"3565","sectionType":"section","heading":"Judicial review—directions on return date","content":"3565 Judicial review—directions on return date\n(1) On the return date for a judicial review application, the court may\ngive any direction about the conduct of the proceeding it considers\n(2) Without limiting subrule (1), the court may consider, and give\ndirections in relation to, the following matters:\n(a) discovery and interrogatories;\n(b) inspection of property;\n(c) admissions of fact or documents;\n(d) defining the issues by pleadings or otherwise;\nNote Pt 2.6 (Pleadings) applies to a proceeding started by an originating\napplication only if the court orders the plaintiff to file and serve a\nstatement of claim.\n(e) the standing of affidavits as pleadings;\n(f) including parties;\n(g) service of documents;\n(h) amendments;\n(i) the filing of affidavits.\nNote The court also has a general power to make directions about the conduct\n(3) Without limiting subrule (1), the court may—\n(a) order that an agreed bundle of documents be prepared by the\nparties; or\n(b) order the service or exchange of expert reports; or\n(c) order that a party serve a copy of the application on the\nAttorney-General; or\n\nRule 3566\n(d) order that a party give notice of the application to the people,\nand in the way, the court directs; or\n(e) set a date for hearing; or\n(f) set a date after which the parties are directed to arrange with the\nregistrar a date for hearing.\n(4) The court may at any time amend or revoke a direction or order made\nunder this rule on application by a party or on its own initiative.\nor revoke a direction or order.\n(5) The powers of the court under this rule are additional to any other\n","sortOrder":976},{"sectionNumber":"3566","sectionType":"section","heading":"Judicial review—power of the court to stay or dismiss","content":"3566 Judicial review—power of the court to stay or dismiss\napplications in certain circumstances\n(1) The court may, by order, stay or dismiss a judicial review application,\nor a claim for relief in a judicial review application, if the court\nconsiders that—\n(a) it would be inappropriate—\n(i) for the proceeding in relation to the application or claim to\nbe continued; or\n(ii) to grant the application or claim (including, for an\napplication for a statutory order of review, because the\nJudicial Review Act, section 8 (2) (b) (Effect of Act on\nother rights) applies); or\n(b) the application is incompetent; or\n(c) no reasonable basis for the application or claim is disclosed; or\n(d) the application or claim is frivolous or vexatious; or\n\nRule 3567\n(e) the application or claim is an abuse of the court’s process.\nNote The registrar may also reject a document that is filed if it does not comply\nwith these rules (see r 6140 (Rejecting documents—noncompliance with\nrules etc) or if it is an abuse of the court’s process or is frivolous or\nvexatious (see r 6142 (Rejecting documents—abuse of process etc)).\n(2) A power of the court under this rule may be exercised at any time in\nthe relevant proceeding but, in relation to the power to dismiss an\napplication, the court must try to ensure that any exercise of the power\nhappens at the earliest appropriate time.\nto the proceeding or on its own initiative.\n(4) The court may receive evidence on the hearing of an application for\n","sortOrder":977},{"sectionNumber":"3567","sectionType":"section","heading":"Judicial review—additional requirements for certiorari","content":"3567 Judicial review—additional requirements for certiorari\nA certiorari order may be granted only if—\n(a) a copy of the order, warrant, conviction, inquisition or record\nrelevant to the proceeding, verified by an affidavit, has been\nfiled in the court; or\n(b) the failure of the plaintiff to file the copy has been explained to\nthe court’s satisfaction.\n","sortOrder":978},{"sectionNumber":"3568","sectionType":"section","heading":"Judicial review—no proceeding in relation to things done","content":"3568 Judicial review—no proceeding in relation to things done\nunder mandamus order\nA proceeding must not be started or continued against someone in\nrelation to anything done in obedience to an order of the court for\nrelief in the nature of mandamus.\n\nRule 3569\n","sortOrder":979},{"sectionNumber":"3569","sectionType":"section","heading":"Judicial review—disclaimer in relation to quo warranto","content":"3569 Judicial review—disclaimer in relation to quo warranto\n(1) This rule applies in relation to an application for a quo warranto order\nin relation to the defendant’s office mentioned in the application.\n(2) The defendant may, by notice, disclaim the office.\n(3) The notice must be signed by the defendant and witnessed by a person\nauthorised to take an affidavit.\nNote See the Evidence Act 1995 (Cwlth), s 186 (Swearing of affidavits before\njustices of the peace, notaries public and lawyers) and the Oaths and\nAffirmations Act 1984, s 11 (Authority to administer oath etc).\n(4) The defendant must file the notice in the court, and serve a stamped\ncopy on the plaintiff for the quo warranto order, not later than 28 days\nafter the day the application for the order is served on the defendant.\n(5) The plaintiff for the quo warranto order may apply to the court for\njudgment of ouster against the defendant, with costs.\n(6) The application is made by filing a draft judgment in the court.\n(7) Part 6.2 (Applications in proceedings) does not apply to the\n(8) The draft judgment need not be served on anyone unless the court\n(9) The court may enter judgment of ouster against the defendant, with\ncosts without a hearing.\n\nRule 3570\n","sortOrder":980},{"sectionNumber":"3570","sectionType":"section","heading":"Judicial review—proceeding in relation to statement of","content":"3570 Judicial review—proceeding in relation to statement of\nreasons\n(1) This rule applies if a decision-maker or requester applies to the court\nfor an order or declaration under the Judicial Review Act, section 13\n(Reasons for decisions may be obtained).\nNote 1 The application is an originating application (see r 34 (2)). Div 2.2.3\n(Originating applications) contains provisions about the contents of\noriginating applications, the filing and service of originating applications,\nNote 2 Rule 60 (3) (Originating application—content etc) provides that the\noriginating application must state specifically the orders or other relief\nsought in the proceeding.\n(2) The application must be supported by an affidavit.\n(3) The affidavit must contain—\n(a) the plaintiff’s name and description; and\n(b) the decision for which reasons are sought; and\n(c) the grounds relied on in support of the relief sought; and\n(d) the facts relied on.\n(4) On the return date for the application, the court may give any\ndirection about the conduct of the proceeding it considers appropriate,\nincluding any direction in rule 3565 (Judicial review—directions on\nreturn date) appropriate to the proceeding.\ndecision-maker—see the Judicial Review Act, section 13 (1).\nrequester—see the Judicial Review Act, section 13 (1).\n\nLegal profession—general Division 3.11.1\nRule 3600\n","sortOrder":981},{"sectionNumber":"3600","sectionType":"section","heading":"Definitions—pt 3.11","content":"3600 Definitions—pt 3.11\nadmission means admission to the legal profession under the Legal\nProfession Act.\nAPLEC means the Australasian Professional Legal Education\nCouncil.\napplication for a costs assessment means an application for costs\nassessment under the Legal Profession Act, division 3.2.7.\napplication for admission means an application under the Legal\nProfession Act, section 26 (1).\napproved academic institution means an academic institution\napproved under rule 3606.\napproved course of study means a course of study approved under\nrule 3607A.\napproved PLT course means a course approved under rule 3607G.\napproved PLT provider means an institution approved under\nrule 3607E.\napproved subject means a subject approved under rule 3607B.\nLACC means the Law Admissions Consultative Committee\nresponsible to the Council of Chief Justices of Australia and New\nZealand.\nLegal Profession Act means the Legal Profession Act 2006.\n\nRule 3601\n","sortOrder":982},{"sectionNumber":"3601","sectionType":"section","heading":"Terms used in Legal Profession Act","content":"3601 Terms used in Legal Profession Act\nA term used in the Legal Profession Act has the same meaning in this\nNote For example, the following terms are defined in the Legal Profession Act,\ndict:\n• admissions board\n• admission to the legal profession\n• bar council\n• compliance certificate (see s 30)\n• conviction (see s 13 (1))\n• costs assessment (see s 261)\n• law practice\n• law society council\n• local roll\n• suitability matters (for an individual) (see s 11).\n","sortOrder":983},{"sectionNumber":"3602","sectionType":"section","heading":"Application—pt 3.11","content":"3602 Application—pt 3.11\n\nRule 3605\n","sortOrder":984},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"11.2.1 Academic qualifications","content":"Subdivision 3.11.2.1 Academic qualifications\n","sortOrder":985},{"sectionNumber":"3605","sectionType":"section","heading":"Admission—approved academic qualifications—Legal","content":"3605 Admission—approved academic qualifications—Legal\nProfession Act, s 21 (5)\n(1) The academic qualifications approved for admission to the legal\nprofession in the ACT are—\n(a) successful completion of a course of study approved under\nrule 3607A, that includes subjects approved under rule 3607B,\nprovided by an institution approved under subdivision 3.11.2.2,\nwhich requires a student to acquire and demonstrate appropriate\nunderstanding of, and competence in, the following areas of law:\n(i) criminal law and procedure;\n(ii) the law of torts;\n(iii) the law relating to contracts;\n(iv) the law relating to property, both real (including the law\nrelating to Torrens system land) and personal;\n(v) equity, including trusts;\n(vi) company law;\n(vii) administrative law;\n(viii) constitutional law of—\n(A) the Commonwealth; and\n(B) the Territory, a State or the Northern Territory;\n(ix) civil procedure;\n(x) evidence;\n(xi) ethics and professional responsibility; and\n\nRule 3606\n(b) that the applicant has a sufficient knowledge of written and\nspoken English to engage in legal practice in the ACT.\n(2) The admissions board may require an applicant to pass an\nexamination nominated by the admissions board for subrule (1) (b).\n(3) If an applicant completed an approved course of study more than\n5 years before making an application for admission, the admissions\nboard may require the applicant to—\n(a) undertake and pass a further academic subject or examination;\nand\n(b) apply for a compliance certificate within a stated time.\n(4) The admissions board may determine that an applicant is not required\nto satisfy the requirements specified in subrule (1) (a) if the\nadmissions board is satisfied that the applicant has an appropriate\nunderstanding of, and competence in, each area of the law mentioned\nin the subrule.\nSubdivision 3.11.2.2 Approval of academic institutions\n","sortOrder":986},{"sectionNumber":"3606","sectionType":"section","heading":"Approved academic institutions","content":"3606 Approved academic institutions\n(1) Subject to subrule (3) (a), each of the following is an approved\nacademic institution:\n(a) the Australian National University;\n(b) the University of Canberra;\n(c) an institution recognised by another Australian jurisdiction as\nproviding a course of study which—\n(i) satisfies the academic requirements for admission in that\njurisdiction; and\n(ii) requires a student to acquire and demonstrate an\nappropriate understanding of, and competence in, each area\nof law mentioned in rule 3605 (1) (a).\n\nRule 3607\n(2) The admissions board may only designate an institution under\nsubrule (1) (c) if the admissions board is satisfied that the institution\nwill competently provide an approved course of study in law.\n(3) The admissions board may—\n(a) by written notice given to an academic institution not less than\n1 year before the notice is to take effect, withdraw approval of\nthe institution; or\n(b) by written notice given to an academic institution not less than\n6 months before the notice is to take effect, impose or vary a\ncondition on the approval of the institution, which the\nadmissions board considers appropriate, including a condition\nresulting from a review of the institution under rule 3607.\n","sortOrder":987},{"sectionNumber":"3607","sectionType":"section","heading":"Monitoring and review","content":"3607 Monitoring and review\n(1) The admissions board may monitor and, if it considers it reasonable\nto do so, from time to time, review—\n(a) the performance of, and the resources available to, an approved\nacademic institution, in providing an approved course of study;\nand\n(b) the content and conduct of an approved course of study or any\napproved subject provided by the institution.\n(2) The admissions board may, after consulting an approved academic\ninstitution—\n(a) appoint 1 or more people to conduct a review of the approved\ncourse of study or of any subject in an approved course of study\nconducted by that academic institution; and\n(b) determine the terms of reference for the review.\n(3) The admissions board must give the approved academic institution a\ncopy of any report received by the admissions board, as a result of a\nreview.\n\nRule 3607A\n(4) It is a condition of approval of each approved academic institution\nthat, unless the admissions board determines otherwise, the cost of\nany monitoring or review must be borne by the institution.\n(5) An approved academic institution must give the admissions board or\nreviewer the information required by the admissions board or its\nreviewer, for any monitoring or review carried out under this rule.\nSubdivision 3.11.2.3 Approval of course of study\n","sortOrder":988},{"sectionNumber":"3607A","sectionType":"section","heading":"Approval of course of study","content":"3607A Approval of course of study\n(1) Subject to subrule (2) (a), the admissions board may approve a course\nof study which the admissions board considers will give a student an\nappropriate understanding of, and competence in, each area of law\nmentioned in rule 3605 (1) (a).\n(2) The admissions board may—\n(a) by written notice given to an approved academic institution not\nless than 1 year before the notice is to take effect, withdraw\napproval of any course of study; or\n(b) by written notice given to an approved academic institution not\nless than 6 months before the notice is to take effect, impose or\nvary any condition on the approval of a course of study which\nthe admissions board considers appropriate, including any\ncondition resulting from a review of the approved course of\nstudy or of any subject in an approved course of study under\nrule 3607.\n","sortOrder":989},{"sectionNumber":"3607B","sectionType":"section","heading":"Approval of subjects","content":"3607B Approval of subjects\n(1) The admissions board may approve any subject or part of a subject in\neither—\n(a) a course of study approved under rule 3607A; or\n(b) a course of study at any other institution.\n\nRule 3607C\n(2) Before approving a course of study under subrule (1), the admissions\nboard must be satisfied that the course provides a student with\nappropriate understanding of, and competence in, the whole or any\npart of an area of law mentioned in rule 3605 (1) (a).\n(3) The admissions board may, as it considers appropriate, by written\nnotice to an approved academic institution—\n(a) withdraw approval of any subject or part of a subject; or\n(b) impose or vary any condition on the approval of that subject or\npart of a subject, including any condition resulting from a review\nunder rule 3607.\n(4) If a person starts an approved course of study incorporating an\napproved subject and satisfactorily completes the subject, the person\nis to be treated as having completed an approved subject, despite\nwithdrawal of approval after the person has started the subject.\n","sortOrder":990},{"sectionNumber":"3607C","sectionType":"section","heading":"Changes to approved courses of study","content":"3607C Changes to approved courses of study\n(1) The head of each approved academic institution providing an\napproved course of study must notify the admissions board of—\n(a) any material change to the curriculum for the approved course\nof study; and\n(b) any proposed material change to the curriculum for the approved\ncourse of study; and\n(c) the head’s opinion about whether successful completion of the\napproved course of study requires the demonstration of a\nsatisfactory level of understanding and competence in the areas\nof law mentioned in rule 3605 (1) (a) (i) to (xi).\n(2) The admissions board must, after considering the material mentioned\nin subrule (1), determine that the approval of the approved course of\nstudy is confirmed or not confirmed.\n\nRule 3607D\n(3) The admissions board must, by written notice to the approved\nacademic institution, not later than 30 September in the year that\nnotice is given under subrule (1), tell the institution that—\n(a) approval of the approved course of study is confirmed or not\nconfirmed; and\n(b) if the approval of the approved course of study is not\nconfirmed—the approval may be withdrawn unless the\ninstitution changes the curriculum or proposed curriculum to the\nboard’s satisfaction.\n(4) The admissions board may withdraw the approval of an approved\ncourse of study if—\n(a) the board has determined not to confirm the approval of the\napproved course of study; and\n(b) the board has given notice to the approved academic institution\nunder subrule (3); and\n(c) the approved academic institution has not changed the\ncurriculum or proposed curriculum to the board’s satisfaction.\nSubdivision 3.11.2.4 Practical legal training\n","sortOrder":991},{"sectionNumber":"3607D","sectionType":"section","heading":"Practical legal training","content":"3607D Practical legal training\n(1) The practical legal training approved for admission to the legal\nprofession in the ACT is—\n(a) successful completion of an approved PLT course conducted by\nan approved PLT provider, in accordance with\nsubdivision 3.11.2.5; and\n(b) the demonstration to the satisfaction of the admission board of\nthe competency standards for practical legal training approved\nby the LACC in consultation with the APLEC.\n\nRule 3607DA\n(2) A person is eligible to undertake practical legal training under this\nsubdivision if—\n(a) the person has completed an approved course of study under\nsubdivision 3.11.2.3 at an approved academic institution under\nsubdivision 3.11.2.2; or\n(b) the person has completed another tertiary qualification in law\nthat satisfies the academic requirements for admission to the\nlegal profession in the Australian jurisdiction where the tertiary\nqualification was obtained; or\n(c) the admissions board has approved an application for the person\nto undertake early commencement of practical legal training\nunder rule 3607DA.\n3607DA Early commencement of practical legal training\n(1) A person may apply to the admissions board to undertake practical\nlegal training before completing an approved course of study or\nanother tertiary qualification in law that satisfies the academic\nrequirements (early commencement) if—\n(a) the person has completed the course’s core subjects; and\n(b) the person has no more than 2 subjects to complete for the\napplicant to complete the course (final subjects); and\n(c) the person is enrolled in the course’s final subjects; and\n(d) there are exceptional circumstances in support of early\ncommencement.\n(2) An application for early commencement must—\n(a) set out the exceptional circumstances; and\n(b) include evidence in support of the exceptional circumstances (if\nany); and\n\nRule 3607E\n(c) include evidence that the person has satisfied subrule (1) (a)\nto (c).\n(3) The admissions board must—\n(a) approve the application; or\n(b) refuse to approve the application.\n(4) In this section:\ncore subject, of an approved course of study, means a subject that\nrequires a student to acquire and demonstrate an appropriate\nunderstanding of, and competence in, an area of law mentioned in\nrule 3605 (1) (a).\nSubdivision 3.11.2.5 Practical legal training providers and\ncourses\n","sortOrder":992},{"sectionNumber":"3607E","sectionType":"section","heading":"Approval of PLT providers","content":"3607E Approval of PLT providers\n(1) Subject to subrule (2) (a), each of the following is an approved PLT\nprovider:\n(a) the School of Legal Practice within the College of Law of the\nAustralian National University;\n(b) an institution that the admissions board is satisfied will\ncompetently conduct an approved PLT course.\n(2) The admissions board may—\n(a) by written notice to a PLT provider not less than 1 year before\nthe notice is to take effect, withdraw approval of that PLT\nprovider; or\n(b) by written notice to a PLT provider not less than 6 months before\nthe notice is to take effect, impose or vary any condition on the\napproval of the PLT provider, which the admissions board\nconsiders appropriate, including any condition resulting from a\nreview under rule 3607F.\n\nRule 3607F\n","sortOrder":993},{"sectionNumber":"3607F","sectionType":"section","heading":"Monitoring and review of approved PLT provider","content":"3607F Monitoring and review of approved PLT provider\n(1) The admissions board may monitor, and, if it considers it reasonable\nto do so, from time to time review—\n(a) the performance of, and the resources available to, an approved\nPLT provider in providing an approved PLT course; and\n(b) the content and conduct of an approved PLT course, or any\nsubject in an approved PLT course, provided by the PLT\nprovider.\n(2) The admissions board may, after consulting an approved PLT\nprovider—\n(a) appoint 1 or more people to conduct a review of the approved\nPLT course or of any subject in an approved PLT course\nconducted by that PLT provider; and\n(b) determine the terms of reference for the review.\n(3) The admissions board must give the approved PLT provider a copy\nof any report received by the admissions board, as a result of a review.\n(4) It is a condition of approval of each approved PLT provider that,\nunless the admissions board determines otherwise, the costs of any\nsuch monitoring or review must be borne by the provider.\n(5) An approved PLT provider must give the admissions board or its\nreviewer the information the admissions board or reviewer may\nrequire, for any monitoring or review carried out under this rule.\n","sortOrder":994},{"sectionNumber":"3607G","sectionType":"section","heading":"Approval of training course","content":"3607G Approval of training course\n(1) The admissions board may approve a course which the admissions\nboard considers will demonstrate the competency standards\nmentioned in rule 3607D (1) (b).\n(2) The admissions board may approve a course which is to be conducted\nwholly or partly online.\n\nRule 3607H\n(3) The admissions board may, as it considers appropriate, by written\nnotice to an approved PLT provider—\n(a) withdraw approval for a course; or\n(b) impose or vary any condition on the approval of that course,\nincluding any condition resulting from a review of an approved\nPLT course or subject under rule 3607F.\n","sortOrder":995},{"sectionNumber":"3607H","sectionType":"section","heading":"Changes to approved courses of study","content":"3607H Changes to approved courses of study\n(1) The director of each approved academic institution providing an\napproved PLT course must notify the admissions board of—\n(a) any material change to the curriculum for the approved PLT\ncourse; and\n(b) any proposed material change to the curriculum for the approved\nPLT course; and\n(c) the director’s opinion about whether successful completion of\nthe approved PLT course requires evidence of the competency\nstandards mentioned in rule 3607D (1) (b).\n(2) The admissions board must, after considering the material mentioned\nin subrule (1), determine that the approval of the approved PLT\ncourse is confirmed or not confirmed.\n(3) The admissions board must, by written notice to the approved\nacademic institution, not later than 30 September in the year that\nnotice is given under subrule (1), tell the institution that—\n(a) approval of the approved PLT course is confirmed or not\nconfirmed; and\n(b) if the approval of the approved PLT course is not confirmed—\nthe approval may be withdrawn unless the institution changes\nthe curriculum or proposed curriculum to the board’s\n\nRule 3608\n(4) The admissions board may withdraw the approval of an approved\nPLT course if—\n(a) the board has determined not to confirm the approval of the\napproved PLT course; and\n(b) the board has given notice to the approved academic institution\nunder subrule (3); and\n(c) the approved academic institution has not changed the\ncurriculum or proposed curriculum to the board’s satisfaction.\nSubdivision 3.11.2.6 Admission—application and related\nmatters\n","sortOrder":996},{"sectionNumber":"3608","sectionType":"section","heading":"Admission—application for admission","content":"3608 Admission—application for admission\n(1) An application for admission must—\n(a) be made by originating application; and\n(b) if the applicant cannot attend the hearing of the application\nbecause of exceptional circumstances—be accompanied by—\n(i) a letter from the applicant addressed to the admissions\nboard requesting that the applicant be admitted in their\nabsence (an absentee admission); and\n(ii) an affidavit—\n(A) stating the circumstances preventing the applicant\nfrom attending the hearing; and\n(B) giving evidence in support of the circumstances (if\nany).\nExample—exceptional circumstances\nthe applicant has undergone a medical procedure preventing the applicant from\nattending the hearing\nNote See approved form 3.46 (Originating application for admission as a\nlawyer) AF2007-70.\n\nRule 3608\n(a) an affidavit by the applicant; and\n(b) at least 3 affidavits of character; and\n(c) a statement of attainment from the approved PLT provider\nnaming the applicant as having successfully completed the\napproved PLT course provided by the PLT provider.\n(3) If the application is filed in paper form, the applicant must file with\nthe application a copy of the application and the affidavits mentioned\nin subrule (2).\n(4) The applicant’s affidavit must—\n(a) state whether the person has been convicted of an offence in\nAustralia or a foreign country, and if so—\n(i) the nature of the offence; and\n(ii) the court by which, and the date when, the person was\nconvicted; and\n(iii) how long ago the offence was committed; and\n(iv) the person’s age when the offence was committed; and\n(b) if the applicant completed an approved course of study more\nthan 5 years before making the application—give details of any\nrelevant legal experience the person has obtained after\ncompleting the approved course of study; and\n(c) state whether there are other suitability matters relevant to the\napplicant’s fitness for admission; and\n(d) state an address that is the applicant’s address for service.\n\nRule 3609\n(5) An affidavit of character by a person must state—\n(a) how long the person has known the applicant; and\n(b) the circumstances in which the person has known the applicant;\nand\n(c) whether there is or has been any professional or business\nrelationship between the person and the applicant and, if so, the\nnature of the relationship; and\n(d) whether the person is related to the applicant by blood, affinity\nor adoption; and\n(e) the person’s opinion about the fame and character of the\n(6) The court may direct that further evidence about an applicant’s fame\nand character be given in support of the application.\n","sortOrder":997},{"sectionNumber":"3609","sectionType":"section","heading":"Admission—when application must be made","content":"3609 Admission—when application must be made\nAn application for admission must be filed in the court not later than\n28 days before the day the application is to be heard.\n","sortOrder":998},{"sectionNumber":"3609A","sectionType":"section","heading":"Request for absentee admission","content":"3609A Request for absentee admission\n(1) This rule applies if a person requests an absentee admission.\n(2) The admissions board must consider the request and either—\n(a) approve the request; or\n(b) refuse the request.\n(3) If the admissions board approves the request, the court may hear the\nperson’s application for admission in the person’s absence.\n\nRule 3610\n","sortOrder":999},{"sectionNumber":"3610","sectionType":"section","heading":"Admission—compliance certificate (Legal Profession Act,","content":"3610 Admission—compliance certificate (Legal Profession Act,\ns 30 (2))\nThe admissions board must do the things required under the Legal\nProfession Act, section 30 (2) in relation to an application for\nadmission not later than 7 days after the day the admissions board\ndecides to give a compliance certificate to the applicant for\nadmission.\n","sortOrder":1000},{"sectionNumber":"3611","sectionType":"section","heading":"Admission—objection by bar council or law society","content":"3611 Admission—objection by bar council or law society\ncouncil\n(1) This rule applies if the bar council or law society council intends to\nobject to an application for admission.\n(2) Not later than 4 days before the day the application is to be heard, it\nmust serve on the applicant—\n(a) notice of its intention to object and the grounds for the objection;\nand\n(b) a copy of each affidavit it intends to use in support of its\n(3) After serving a notice under subrule (2), and before the hearing of the\napplication for admission, the bar council or law society council must\nfile in the court a copy of—\n(a) the notice; and\n(b) each affidavit it intends to use in support of its objection; and\n(c) an affidavit of service.\n\nRule 3612\n","sortOrder":1001},{"sectionNumber":"3612","sectionType":"section","heading":"Admission—appearance by bar council or law society","content":"3612 Admission—appearance by bar council or law society\ncouncil\n(1) The bar council or law society council must, if asked by the court,\nappear and be heard on the hearing of an application for admission.\n(2) The bar council or law society council may, on its own initiative,\nappear and be heard on the hearing of an application for admission,\notherwise than for the purpose of objecting to the admission of the\n","sortOrder":1002},{"sectionNumber":"3613","sectionType":"section","heading":"Admission—applicant’s duty of frankness","content":"3613 Admission—applicant’s duty of frankness\nIn addition to complying with the requirements of this division, an\napplicant for admission must bring to the attention of the court\nanything that is relevant to the applicant’s fitness for admission.\n","sortOrder":1003},{"sectionNumber":"3614","sectionType":"section","heading":"Admission—oath or affirmation","content":"3614 Admission—oath or affirmation\n(1) A person must, before being admitted, take an oath or make an\naffirmation—\n(a) before the court; or\n(b) if the admissions board approves the person’s request for\nabsentee admission—in accordance with rule 3614A.\n(2) An oath taken under this rule must be in the following form:\nI, (name), swear that I will well and honestly conduct myself in the\npractice of law as a lawyer of the Supreme Court of the Australian\nCapital Territory according to the best of my knowledge and ability.\nSo help me God!\n(3) An affirmation made under this rule must be in the following form:\nI, (name), solemnly and sincerely affirm that I will well and honestly\nconduct myself in the practice of law as a lawyer of the Supreme\nCourt of the Australian Capital Territory according to the best of my\nknowledge and ability.\n\nRule 3614A\n","sortOrder":1004},{"sectionNumber":"3614A","sectionType":"section","heading":"Admission—absentee admission","content":"3614A Admission—absentee admission\n(a) a person has applied for admission under rule 3608 (the\napplicant); and\n(b) the admissions board has approved the applicant’s request for\nabsentee admission; and\n(c) the admissions board has issued a compliance certificate under\nsection 30 of the Legal Profession Act in relation to the\napplicant; and\n(d) the court is satisfied that the person should be admitted.\n(2) The court must send the applicant—\n(a) a supplementary roll sheet; and\n(b) information about completing the supplementary roll.\n(3) The applicant must—\n(a) take an oath or make an affirmation before an authorised person;\nand\n(b) sign the supplementary roll sheet before the authorised person.\n(4) The applicant must, within 28 days after the day the applicant receives\nthe supplementary roll sheet, file with the court—\n(a) the signed supplementary roll sheet; and\n(b) an affidavit stating that the applicant took an oath or made an\naffirmation in accordance with rule 3614 (2) or (3) before the\nauthorised person.\n(5) If the court is satisfied that the applicant has complied with\nsubsection (3), the court must order that the applicant be admitted.\n(6) In this section:\nabsentee admission—see section 3608 (1) (b).\n\nAssessment of client costs Division 3.11.3\nRule 3615\nauthorised person means a person authorised to take an affidavit in\nthe jurisdiction where the affidavit is taken.\nsupplementary roll sheet means a sheet of the local roll.\n","sortOrder":1005},{"sectionNumber":"3615","sectionType":"section","heading":"Admission—entry on local roll","content":"3615 Admission—entry on local roll\nAfter a person is admitted, the registrar must enter on the local roll—\n(a) the person’s name; and\n(b) the date of the person’s admission; and\n(c) if the person has filed with the court a supplementary roll sheet\nfor entry on the local roll—a note under the area for the person’s\nsignature stating that the entry was by absentee admission.\n","sortOrder":1006},{"sectionNumber":"3620","sectionType":"section","heading":"Application—div 3.11.3","content":"3620 Application—div 3.11.3\nThis division applies to an application for a costs assessment.\n","sortOrder":1007},{"sectionNumber":"3621","sectionType":"section","heading":"Form of application","content":"3621 Form of application\n(1) An application for a costs assessment must be made by originating\nNote See approved form 3.47 (Originating application for assessment of legal\ncosts) AF2011-66.\n(a) if the legal costs are subject to a costs agreement—a copy of the\nagreement; and\n(b) if the legal costs are subject to a retainer—a copy of the retainer;\nand\n\nRule 3622\n(c) if the application is made under the Legal Profession Act,\nsection 296—\n(i) an affidavit by the applicant stating the matters set out in\nthat Act, section 300 (2); and\n(ii) a sufficient description of the work to which the legal costs\nrelate to enable the legal costs to be assessed.\n","sortOrder":1008},{"sectionNumber":"3622","sectionType":"section","heading":"Application for leave to apply out of time","content":"3622 Application for leave to apply out of time\nAn application for leave to apply for a costs assessment out of time\nmust be in accordance with part 6.2 (Applications in proceedings).\n","sortOrder":1009},{"sectionNumber":"3623","sectionType":"section","heading":"Directions","content":"3623 Directions\n(1) On the filing of an application, the registrar must—\n(a) set a date for directions before the registrar; and\n(b) tell the parties the date.\n(2) At the directions hearing, the registrar must set a time and date for the\nassessment of the legal costs.\n","sortOrder":1010},{"sectionNumber":"3624","sectionType":"section","heading":"Response to application","content":"3624 Response to application\n(1) This rule applies if the respondent to an application is a law practice.\n(2) The respondent must file—\n(a) an affidavit stating the matters set out in the Legal Profession\nAct, section 300 (2); and\n(b) a sufficient description of the work to which the legal costs relate\nto enable the legal costs to be assessed; and\n(c) if the legal costs are subject to a costs agreement—a copy of the\ncosts agreement if the applicant has not filed a copy of the\nagreement; and\n\nAssessment of client costs Division 3.11.3\nRule 3625\n(d) if the legal costs are subject to a retainer—a copy of the retainer\nif the applicant has not filed a copy of the retainer.\n","sortOrder":1011},{"sectionNumber":"3625","sectionType":"section","heading":"Notice of objections to legal costs","content":"3625 Notice of objections to legal costs\n(1) The party liable to pay the legal costs may by notice object to all or\npart of the legal costs.\n(2) A notice of objections must briefly state the reasons for the objection\nidentifying any issue of law or fact that the objector considers the\nregistrar must consider to make a decision in favour of the objector.\n(3) The party liable to pay the legal costs must file the notice of\nobjections and serve a stamped copy on the other party not later than\n14 days before the day the legal costs are to be assessed.\n\nPart 3.12 Family violence and personal violence proceedings\nDivision 3.12.1 Family violence and personal violence proceedings—general\nRule 3800\nPart 3.12 Family violence and personal\nviolence proceedings\nDivision 3.12.1 Family violence and personal violence\nproceedings—general\n3800 Terms used in Family Violence Act and Personal\nViolence Act\nA term used in the Family Violence Act 2016 or Personal\nViolence Act 2016 has the same meaning in this part.\naffected person, protection order\n","sortOrder":1012},{"sectionNumber":"3801","sectionType":"section","heading":"Application—pt 3.12","content":"3801 Application—pt 3.12\nThis part only applies to a family violence or personal violence\nNote This part also applies to a proceeding under the Domestic Violence and\nProtection Orders Act 2008 (repealed) (see Family Violence Act 2016,\ns 199 and Personal Violence Act 2016, s 199).\n","sortOrder":1013},{"sectionNumber":"3802","sectionType":"section","heading":"Rules in ch 2 disapplied","content":"3802 Rules in ch 2 disapplied\n(1) Except as provided by subrule (2), chapter 2 does not apply to a\nfamily violence or personal violence proceeding.\n(2) The following rules apply, with any necessary changes, to a family\nviolence and personal violence proceeding:\n(a) rule 30 (Who may start and carry on a proceeding);\n(b) rule 270 (Consolidation etc of proceedings);\n(c) rule 502 (Amendment—of documents);\n(d) rule 1166 (Discontinuance or withdrawal by party representing\nsomeone else etc);\n\nFamily violence and personal violence proceedings Part 3.12\nFamily violence and personal violence proceedings—general Division 3.12.1\nRule 3802\n(e) rule 1401 (Directions generally);\n(f) part 2.12 (Expert evidence);\n(g) division 2.14.2 (Failure to comply with rules or order);\n(h) rule 1506 (Trial—adjournment etc);\n(i) rule 1508 (Order of evidence and addresses);\n(j) rule 1600 (Orders—required by nature of case);\n(k) rule 1601 (Judgment book);\n(l) rule 1605 (1) and (2) (Orders—making and effect);\n(m) rule 1607 (Orders—certified duplicate);\n(n) rule 1608 (Orders—reasons);\n(o) rule 1609 (Orders—reservation of decision);\n(p) part 2.18 (Enforcement);\n(q) part 2.21 (Representation by solicitors) other than\nrule 2802 (3) (b);\n(r) rule 2901 (Copies of documents from registrar) but not in\nrelation to an order or document that includes an affected\nperson’s home or work address or other information that may\nallow the affected person to be located;\n(s) rule 2903 (Inspection of registry files) but only—\n(i) to the extent that it allows a party to the proceeding to\ninspect, or take a copy of, a document filed in the registry\nin relation to the proceeding; and\n\nPart 3.12 Family violence and personal violence proceedings\nDivision 3.12.1 Family violence and personal violence proceedings—general\nRule 3803\n(ii) in relation to a document that does not include an affected\nperson’s home or work address or other information that\nmay allow the affected person to be located.\nNote 1 The court may, by order, dispense with the disapplication of a rule under\nr (1) or the application of a rule under r (2) (see r 6 (Dispensing with\nrules)).\nNote 2 Court procedures must be as simple, quick and inexpensive as is\nconsistent with achieving justice (see Family Violence Act 2016, s 12 and\nPersonal Violence Act 2016, s 9).\n","sortOrder":1014},{"sectionNumber":"3803","sectionType":"section","heading":"Other disapplied rules","content":"3803 Other disapplied rules\nThe following rules do not apply to a family violence or personal\nviolence proceeding:\n(a) rule 6103 (1) (a) (i) (Documents—layout etc);\n(b) rule 6120 (b) (Filing documents—number of copies);\n(c) rule 6256 (Appeals from registrar’s orders etc);\n(d) division 6.8.3 (Service—Magistrates Court);\n(e) rule 6430 (Service in Australia but outside ACT);\n(f) rule 6435 (Service on children);\n(g) rule 6436 (Service on people with mental disabilities);\n(h) rule 6460 (Substituted service);\n(i) rule 6464 (4) (Acceptance of service by solicitor);\n(j) rule 6467 (2) (a) (iii) (Proof of service);\n(k) rule 6469 (2) (b) (Change of address for service).\n\nFamily violence and personal violence proceedings Part 3.12\nFamily violence and personal violence proceedings—general Division 3.12.1\nRule 3804\n","sortOrder":1015},{"sectionNumber":"3804","sectionType":"section","heading":"Correction of name of respondent","content":"3804 Correction of name of respondent\nThe registrar may at any time correct a mistake, omission or error in\nthe name or identity of the respondent in a proceeding in—\n(a) a document filed in the court in the proceeding; or\n(b) an order made based on the name in the original application.\n\nRule 3900\nDivision 3.13.1 Workers compensation\nproceedings—general\n","sortOrder":1016},{"sectionNumber":"3900","sectionType":"section","heading":"Definitions—pt 3.13","content":"3900 Definitions—pt 3.13\narbitration means arbitration under the Workers Compensation Act.\nclaim includes a matter or question arising under the Workers\nCompensation Act to be decided by arbitration.\ncontractor—see the Workers Compensation Act, section 13\n(Subcontracting).\ninjury notice—see the Workers Compensation Act, section 123 (The\nnotice for an injury).\nprescribed scale of costs means the scale of costs in schedule 4 (Scale\nof costs).\nprincipal—see the Workers Compensation Act, section 13\n(Subcontracting).\nrepresentative, for a party to an arbitration, means a lawyer or other\nperson who represents the party.\nthird-party respondent—see rule 3920 (Arbitration—including other\nparties).\nWorkers Compensation Act means the Workers Compensation\nAct 1951.\n\nWorkers compensation proceedings—general Division 3.13.1\nRule 3901\n","sortOrder":1017},{"sectionNumber":"3901","sectionType":"section","heading":"Terms used in Workers Compensation Act","content":"3901 Terms used in Workers Compensation Act\nA term used in the Workers Compensation Act has the same meaning\nin this part.\nNote For example, the following terms are defined in the Workers\nCompensation Act, dictionary:\n• compulsory insurance policy\n• dependant\n• employer\n• injured worker (see s 86)\n• insurer\n• medical referee\n• registered agreement\n• self-insurer.\n","sortOrder":1018},{"sectionNumber":"3902","sectionType":"section","heading":"Application—pt 3.13","content":"3902 Application—pt 3.13\nThis part applies only in relation to—\n(a) the Magistrates Court; and\n(b) an injury to which the Workers Compensation Act, as in force\nafter the commencement of the Workers Compensation\nAmendment Act 2001, applies.\nNote With some exceptions (see Workers Compensation Act, s 234 (now\nexpired)), the Workers Compensation Act, as in force after the\ncommencement of the Workers Compensation Amendment Act 2001,\ndoes not apply to injuries that happened before the commencement of the\namending Act ie 1 July 2002.\n","sortOrder":1019},{"sectionNumber":"3903","sectionType":"section","heading":"Workers compensation proceedings—application of ch 2","content":"3903 Workers compensation proceedings—application of ch 2\n(1) Except as provided by this rule, chapter 2 does not apply to a\nproceeding under this part.\n(2) The applied civil rules apply, with any necessary changes, to a\nproceeding under this part.\n\nRule 3903\n(3) Part 2.18 (Enforcement) applies, with any necessary changes, to a\nproceeding for enforcement of, or the recovery of money payable\nunder, an award of the court or a registered agreement as if it were a\njudgment of the court.\napplied civil rules means the following:\n• division 2.4.9 (People with a legal disability)\n• rule 282 (Person with legal disability—approval of\nsettlement etc)\n• division 2.4.10 (Partnerships)\n• division 2.4.11 (Business names)\n• division 2.8.7 (Non-party production)\n• rule 1617 (Payment into court—amount recovered by person\nwith legal disability)\n• rule 1618 (Person with legal disability—orders about recovered\namounts etc)\n• part 2.17 (Costs), other than the following:\n• rule 1722 (Costs—solicitors’ costs generally)\n• rule 1723 (Costs—relevant amount for Magistrates Court\n• rule 1726 (Costs—amendment of documents)\n• rule 1729 (Costs—extending or shortening time)\n• part 2.21 (Representation by solicitors)\n• part 2.22 (Miscellaneous).\n\nRule 3904\nDivision 3.13.2 Workers compensation—applications\nfor arbitration\nNote to div 3.13.2\nThe Workers Compensation Regulation 2002, div 6.2 deals with conciliation. A\nconciliation of a matter in issue arising from a worker’s claim for compensation\n(other than rejection of the claim by an insurer) must be held before arbitration of\nthe matter (see s 38). The Workers Compensation Regulation 2002, pt 7 provides\nfor a committee rather than the court to arbitrate matters in certain cases (see esp\ns 51).\n","sortOrder":1020},{"sectionNumber":"3904","sectionType":"section","heading":"Application for arbitration—Commercial Arbitration Act","content":"3904 Application for arbitration—Commercial Arbitration Act\nnot apply\nThe Commercial Arbitration Act 2017 does not apply to an\n","sortOrder":1021},{"sectionNumber":"3905","sectionType":"section","heading":"Application for arbitration—by worker","content":"3905 Application for arbitration—by worker\n(1) An injured worker may ask that a claim be decided by arbitration by\nfiling an application in the court.\nNote See approved form 3.57 (Application for arbitration by injured worker)\nAF2010-150.\n(2) The application must state briefly, but specifically, the claim to be\narbitrated.\n","sortOrder":1022},{"sectionNumber":"3906","sectionType":"section","heading":"Application for arbitration—by dependant or estate of","content":"3906 Application for arbitration—by dependant or estate of\ndeceased worker\n(1) A dependant, or the personal representative, of a deceased worker\nmay ask that a claim be decided by arbitration by filing an application\nNote See approved form 3.58 (Application for arbitration by dependants or\npersonal representative of deceased worker) AF2006-495.\n\nRule 3907\n(a) contain details of each dependant on whose behalf the\napplication is made; and\n(b) state briefly, but specifically, the claim to be arbitrated; and\n(c) be accompanied by a certified copy of—\n(i) the worker’s death certificate; and\n(ii) the birth certificate of each dependant.\ndependant includes a person claiming to be a dependant.\n","sortOrder":1023},{"sectionNumber":"3907","sectionType":"section","heading":"Application for arbitration—by employer or insurer","content":"3907 Application for arbitration—by employer or insurer\n(1) An employer or insurer may ask that a claim be decided by arbitration\nby filing an application.\nNote See approved form 3.59 (Application for arbitration by employer or\ninsurer) AF2006-496.\n(2) The application must state briefly, but specifically, the claim to be\narbitrated.\n","sortOrder":1024},{"sectionNumber":"3909","sectionType":"section","heading":"Application for arbitration—injury notice and medical","content":"3909 Application for arbitration—injury notice and medical\nevidence\n(1) An application for arbitration filed in the court must be accompanied\nby—\n(a) if available to the applicant—a copy of the injury notice in\nrelation to the claim; and\n(b) a copy of all available medical evidence the applicant intends to\nrely on.\n(2) If no injury notice was given in relation to the claim, the application\nmust contain details of why no notice was given.\n\nRule 3910\n","sortOrder":1025},{"sectionNumber":"3910","sectionType":"section","heading":"Application for arbitration—copies","content":"3910 Application for arbitration—copies\nWhen filing an application for arbitration, and the documents\naccompanying the application mentioned in rule 3909, in the court,\nthe applicant must also file—\n(a) 1 copy for each respondent; and\n(b) for each respondent who is an employer other than a\nself-insurer—1 copy for the respondent’s insurer.\n","sortOrder":1026},{"sectionNumber":"3911","sectionType":"section","heading":"Application for arbitration—service on respondent","content":"3911 Application for arbitration—service on respondent\n(1) An applicant for arbitration must serve a sealed copy of the\napplication on each respondent not later than 14 days after the day the\n(2) The applicant must file in the court an affidavit of service of the\napplication on a respondent unless the respondent has filed an answer.\n(3) If the court makes an order under rule 6351 (Time—extending and\nshortening by court order), the applicant must serve a sealed copy of\nthe order with the application.\n","sortOrder":1027},{"sectionNumber":"3912","sectionType":"section","heading":"Application for arbitration—service on insurer","content":"3912 Application for arbitration—service on insurer\n(1) An employer (other than a self-insurer) who is a respondent to an\napplication for arbitration must serve a copy of the application on the\nemployer’s insurer not later than 7 days after the day the employer is\nserved with the application.\n(2) A party included as a third-party respondent must serve a copy of the\nnotice including the party on the party’s insurer not later than 7 days\nafter the day the party is served with the notice.\nNote Rule 3920 deals with including other parties.\n\nRule 3913\n","sortOrder":1028},{"sectionNumber":"3913","sectionType":"section","heading":"Application for arbitration—answer by respondent or","content":"3913 Application for arbitration—answer by respondent or\nthird-party respondent\n(1) A respondent to an application for arbitration may file an answer.\n• approved form 3.60 (Answer by respondent (employer or insurer))\nAF2008-153\n• approved form 3.67 (Answer by respondent (injured worker))\nAF2008-145\n• approved form 3.68 (Answer by respondent (dependants or personal\nrepresentative of dead worker)) AF2008-146.\n(2) The answer must be filed not later than 28 days after the day the\nrespondent is served with the application.\n(3) A third-party respondent may file an answer to the third-party notice\nthat includes the third-party respondent not later than 28 days after\nthe day the respondent is served with the notice.\nNote Rule 3920 deals with including other parties.\n(4) When filing an answer in the court, the respondent must also file—\n(a) 1 copy for the applicant; and\n(b) 1 copy for each other respondent; and\n(c) for each other respondent who is an employer other than a\nself-insurer—1 copy for the respondent’s insurer.\n","sortOrder":1029},{"sectionNumber":"3914","sectionType":"section","heading":"Application for arbitration—liability and particulars","content":"3914 Application for arbitration—liability and particulars\nsubject to answer\n(1) An answer to an application for arbitration must admit or deny each\nclaim and admit or deny each particular set out in the application.\n(2) If no admission or denial of a claim or particular is made, the claim\nor particular is taken to be admitted.\n\nRule 3915\n(3) If a respondent worker does not file an answer, subrule (2) does not\napply to a particular denying, completely or partly, liability to pay\ncompensation.\n(4) If a respondent employer wishes to deny a claim or particular, but has\nnot done so in an answer, the court may—\n(a) allow the respondent to raise a matter the respondent should\nhave included, or given notice of, in an answer; or\n(b) adjourn the arbitration to a stated time or for a stated period to\nallow the respondent to file an answer.\n","sortOrder":1030},{"sectionNumber":"3915","sectionType":"section","heading":"Application for arbitration—service of answer","content":"3915 Application for arbitration—service of answer\n(1) A respondent must serve a sealed copy of the answer on the applicant\nand each other respondent.\nNote The answer must be served as soon as possible (see Legislation Act,\ns 151B (Doing things for which no time is fixed)).\n(2) If the court makes an order under rule 6351 (Time—extending and\nshortening by court order), the respondent must serve a sealed copy\nof the order with the answer.\n","sortOrder":1031},{"sectionNumber":"3916","sectionType":"section","heading":"Application for arbitration—amendment","content":"3916 Application for arbitration—amendment\n(1) At any stage of a proceeding, the court may give leave for a party to\namend, or direct a party to amend, any document filed in the court in\nthe proceeding in the way the court considers appropriate.\n(2) However, this rule does not apply to a document accompanying an\napplication for arbitration mentioned in rule 3909 (Application for\narbitration—injury notice and medical evidence).\n\nRule 3917\n(3) The court may give leave, or give a direction, on application by the\na direction under this rule.\n(4) If there is a mistake in the name or identity of a party, the court may\ngive leave for, or direct the making of, amendments necessary to\ncorrect the mistake, even if the effect of the amendments is to\nsubstitute another person as a party.\n(5) An amendment of a document made under this rule must be\ndistinguished so that the changes are identifiable.\n(6) A party amending a document must file and serve on each other active\nit; or\n(b) a revised document incorporating and distinguishing the\namendments.\n(7) This rule does not apply in relation to an amendment of an order.\nNote See r 6906 (Mistakes in orders or court certificates) for amendment of\n","sortOrder":1032},{"sectionNumber":"3917","sectionType":"section","heading":"Application for arbitration—minor amendment or","content":"3917 Application for arbitration—minor amendment or\namendment by consent\n(1) This rule applies to an amendment to a document in a proceeding that\nis—\n(a) minor and will not have any substantive effect on the case to be\nput by any party to the proceeding; or\n(b) consented to by all parties to the proceeding.\n\nRule 3918\n(2) Rule 3916 does not apply to an amendment mentioned in subrule (1).\n(3) A party may amend the document by filing, and serving on each other\nactive party in the proceeding—\nit; or\n(b) a revised document incorporating and distinguishing the\namendments.\n","sortOrder":1033},{"sectionNumber":"3918","sectionType":"section","heading":"Application for arbitration—discontinuance","content":"3918 Application for arbitration—discontinuance\n(1) An applicant may discontinue a proceeding, or withdraw part of it, at\nany time.\n(2) The applicant and another party to the proceeding may agree, in\nwriting, that the applicant may discontinue the proceeding, or\nwithdraw part of it, against the other party at any time.\n(3) A discontinuance or withdrawal under this rule is made by filing in\nthe court a notice of discontinuance or withdrawal and serving a\nstamped copy of the notice on the other active parties in the\nNote If a form is approved under the Court Procedures Act 2004, s 8 for this\nprovision, the form must be used.\n(4) If a proceeding is discontinued or withdrawn, a party who has not\nagreed to the discontinuance or withdrawal may apply to the court for\nan order that the applicant pay the party’s costs of the proceeding up\nto when notice of the discontinuance or withdrawal is served on the\n(5) Subrule (4) is subject to rule 3968 (Workers compensation costs—\n\nRule 3919\nDivision 3.13.3 Workers compensation—parties for\narbitration\n","sortOrder":1034},{"sectionNumber":"3919","sectionType":"section","heading":"Arbitration—necessary parties","content":"3919 Arbitration—necessary parties\n(1) A person whose participation is necessary for the court to completely\nand finally decide all matters in issue in an arbitration must be\nincluded as a party in the arbitration.\nIf both a principal and a contractor, or more than 1 employer, may be liable in\nrelation to the compensable injury, each of them must be included as a respondent.\n(2) The court may require a person to be included as a party.\nIf, for an application on behalf of dependants of a deceased worker, a dependant\nfails to join in the application, the dependant may be included as a respondent.\n(3) Each party other than the applicant is a respondent.\n(4) The court may decide a claim even if a person is incorrectly included\nor not included as a party.\n","sortOrder":1035},{"sectionNumber":"3919A","sectionType":"section","heading":"Arbitration—determination of Territory or State of","content":"3919A Arbitration—determination of Territory or State of\nconnection\n(1) This rule applies if the question of whether the ACT is the Territory\nor State of connection in relation to the employment of a worker arises\nin an arbitration.\nNote Compensation is payable under the Workers Compensation Act 1951 only\nif the ACT is the Territory or State of connection (see that Act, pt 4.2A\n(Employment connection with ACT or State)).\n\nWorkers compensation—parties for arbitration Division 3.13.3\nRule 3920\n(2) The party who raises the question must give notice of the question to\neach person who has an interest in the determination of the question\nnot later than 14 days after the day the question arises in the\nNote An employer may be separately represented for each insurer of the\nemployer on risk in relation to the claim (including a default insurer of a\nTerritory or State of connection) (see r 3925).\nTerritory or State of connection—see the Workers Compensation\nAct 1951, section 36A.\n","sortOrder":1036},{"sectionNumber":"3920","sectionType":"section","heading":"Arbitration—including other parties","content":"3920 Arbitration—including other parties\n(1) An applicant may include someone else as a party to an arbitration by\nnaming the person in the application.\n(2) A respondent may include someone else as a party to an arbitration (a\nthird-party respondent) by filing a third-party notice.\nIf a worker contracts a disease or suffers an aggravation, acceleration or recurrence\nof a disease, a respondent employer claiming to be entitled to contribution from\nanother employer may include the other employer as a third-party respondent.\nNote See approved form 3.61 (Arbitration—third-party notice) AF2006-498.\n(3) A party including a person as a third-party respondent must, not later\nthan 14 days after the day the party files the notice—\n(a) serve a sealed copy of the notice, the application for arbitration\nand any answer filed in the arbitration, on the person; and\n(b) serve a sealed copy of the notice on each other party to the\n(4) The court may, at any time, order a party who has included a person\nas a party in an arbitration to—\n(a) serve on the person any document in the arbitration; or\n\nRule 3921\n(b) file and serve on the person and each other party an affidavit\nsetting out the basis on which the person has been included.\n3921 Arbitration—person may apply to be included as party\nA person may apply to the court to be included as a party to an\n3922 Arbitration—party may apply to be removed as party\nA party to an arbitration may apply to the court to be removed as a\n3923 Arbitration—employer not respondent in certain\napplications by dependant or personal representative\n(a) a dependant, or the personal representative, of a deceased\nworker asks that a claim be decided by arbitration; and\n(b) the amount of compensation payable to the dependants of the\ndeceased worker is not an issue in the arbitration.\n(2) The employer is not a respondent in the arbitration if the employer\nhas paid the amount of compensation—\n(a) to the applicant; or\n(b) into court to be dealt with as the court directs.\n\nWorkers compensation—representation in arbitrations Division 3.13.4\nRule 3924\nDivision 3.13.4 Workers compensation—\nrepresentation in arbitrations\n","sortOrder":1037},{"sectionNumber":"3924","sectionType":"section","heading":"Arbitration—party may be represented","content":"3924 Arbitration—party may be represented\n(1) A party to an arbitration may be represented by—\n(a) a lawyer; or\n(b) with leave of the court—\n(i) if the party is an injured worker—a member of the party’s\nfamily; or\n(ii) an employee of the party; or\n(iii) if the party is a corporation—a director or officer of the\ncorporation; or\n(iv) if the party is a member of an organisation—an officer or\nmember of the organisation; or\n(v) in special circumstances, anyone else.\n(2) A person who represents a party with the court’s leave must file in\nthe court an authority to act signed by the party.\n(3) The court may allow a person other than a lawyer to claim travelling\nexpenses for representing a party in an arbitration.\nNote A lawyer representing a party may claim costs and reasonable\ndisbursements, see r 3968 (Workers compensation costs—generally).\n(4) Also, the court may allow a worker, or a member of the worker’s\nfamily who represents the worker, an allowance for time spent at the\n\nDivision 3.13.6 Workers compensation—medical reports for arbitrations\nRule 3925\n","sortOrder":1038},{"sectionNumber":"3925","sectionType":"section","heading":"Arbitration—separate representation of employer for","content":"3925 Arbitration—separate representation of employer for\ninsurer’s period on risk\n(1) An employer who is a party to an arbitration in relation to a claim\nmay be separately represented in the arbitration for each insurer on\nrisk in relation to the claim.\nNote An insurer on risk may be the default insurer of the ACT, a State or\nanother Territory.\n(2) This part applies to the employer as if, for each separate\nrepresentation, the employer were a separate party.\n(3) An answer filed under rule 3913 (Application for arbitration—answer\nby respondent or third-party respondent) in relation to the separate\nrepresentation must state the risk to which the answer relates.\nDivision 3.13.6 Workers compensation—medical\nreports for arbitrations\n","sortOrder":1039},{"sectionNumber":"3928","sectionType":"section","heading":"Arbitration—service of medical reports","content":"3928 Arbitration—service of medical reports\n(1) Each party to an arbitration must, not later than 28 days before the\nhearing date for the arbitration, serve on each other party to the\narbitration a copy of all medical reports then available to the party—\n(a) on which the party intends to rely at the arbitration; or\n(b) obtained from a doctor whom the party intends to call at the\n(2) If a party serves a medical report from a doctor, the party must serve\nevery medical report from that doctor obtained by the party.\n\nWorkers compensation—medical reports for arbitrations Division 3.13.6\nRule 3929\n(3) If, after serving a medical report under subrule (1), a party obtains a\nfurther report from the same doctor, the party—\n(a) must serve the further report not later than 3 days after the day\nthe party obtains the report; or\n(b) must not serve the report and tell the other parties that the party\ndoes not intend to rely on the reports of that doctor already\n(4) A doctor’s report must not be tendered, and is not admissible, in the\narbitration unless it has been served in accordance with this rule,\nexcept with—\n(a) the court’s leave; or\n(b) the agreement of all parties to the arbitration.\n(5) This rule applies subject to any order of the court.\n","sortOrder":1040},{"sectionNumber":"3929","sectionType":"section","heading":"Arbitration—supplementary medical reports","content":"3929 Arbitration—supplementary medical reports\n(1) If a doctor changes in a material way an opinion in a medical report\nthat has been served, the doctor must provide a supplementary\nmedical report (a supplementary report) to the party who engaged the\ndoctor (the engaging party) stating the change and the reason for it.\n(2) The doctor may provide the engaging party with other supplementary\nreports (also a supplementary report).\n(3) If a doctor provides a supplementary report under this rule, the\nengaging party, and any other party having the same interest as the\nengaging party, must not use an earlier medical report (including an\nearlier supplementary report) on an issue to which the earlier medical\nreport relates unless the engaging party has served a copy of the\nsupplementary report on all active parties in the proceeding on whom\nthe engaging party served the earlier medical report.\n\nDivision 3.13.6 Workers compensation—medical reports for arbitrations\nRule 3930\n","sortOrder":1041},{"sectionNumber":"3930","sectionType":"section","heading":"Arbitration—doctor’s evidence to be covered by medical","content":"3930 Arbitration—doctor’s evidence to be covered by medical\nExcept with the court’s leave or as otherwise agreed by all the parties\nto an arbitration, the oral evidence in chief of a doctor is not\nadmissible unless the doctor’s medical report served in accordance\nwith rule 3928 (Arbitration—service of medical reports) contains the\nsubstance of the matters sought to be adduced in evidence.\n","sortOrder":1042},{"sectionNumber":"3931","sectionType":"section","heading":"Arbitration—medical reports admissible as evidence of","content":"3931 Arbitration—medical reports admissible as evidence of\nopinion etc\nA medical report served under rule 3928 is admissible as evidence\nof—\n(a) the author’s opinion; and\n(b) if the author’s direct oral evidence of a fact on which the opinion\nwas formed would be admissible as evidence of that fact without\nfurther evidence (whether oral or otherwise)—that fact.\n","sortOrder":1043},{"sectionNumber":"3932","sectionType":"section","heading":"Arbitration—requiring attendance of doctor for cross-","content":"3932 Arbitration—requiring attendance of doctor for cross-\nexamination etc\n(1) This rule applies if a medical report is served under rule 3928 by a\nparty to an arbitration.\n(2) Another party to the arbitration may, by notice served on the party\nwho served the medical report, require the doctor who prepared the\nreport to be available during the arbitration to be cross-examined on\nthe report.\n(3) The notice must be served not later than 14 days after the day the\nreport is served on the other party.\n\nWorkers compensation—medical referees for arbitrations Division 3.13.7\nRule 3933\n","sortOrder":1044},{"sectionNumber":"3933","sectionType":"section","heading":"Arbitration—tender of medical report","content":"3933 Arbitration—tender of medical report\n(1) A party to an arbitration who is served with a medical report under\nrule 3928 may tender the report.\n(2) If the doctor who prepared the report is required under rule 3932 to\nbe available during the arbitration, the report must not be tendered or\notherwise used in the proceeding by any party unless—\n(a) the doctor is available as required to be cross-examined on the\nreport; or\n(b) the doctor has died; or\n(c) the court gives leave.\n(3) If the doctor is cross-examined on the report, the party using the\nreport may re-examine the doctor.\nDivision 3.13.7 Workers compensation—medical\nreferees for arbitrations\n","sortOrder":1045},{"sectionNumber":"3934","sectionType":"section","heading":"Arbitration—party may apply for medical referee etc","content":"3934 Arbitration—party may apply for medical referee etc\n(1) The court may, on application by a party to an arbitration or on its\nown initiative, ask a medical referee to—\n(a) help the court to assess a medical matter during an arbitration;\nor\n(b) report on a medical matter during, or arising from, the\nsubrule.\n(2) An application must set out the reasons for the application.\nNote Rule 6008 (Application in proceeding—filing and service) deals with\nservice of the application.\n\nDivision 3.13.7 Workers compensation—medical referees for arbitrations\nRule 3935\n","sortOrder":1046},{"sectionNumber":"3935","sectionType":"section","heading":"Arbitration—number of medical referees","content":"3935 Arbitration—number of medical referees\n(1) The same medical referee must help the court throughout an\n(2) However, another medical referee may help the court if the medical\nreferee is unavailable for any reason.\n","sortOrder":1047},{"sectionNumber":"3936","sectionType":"section","heading":"Arbitration—notice of request to medical referee","content":"3936 Arbitration—notice of request to medical referee\nIf the court, on the application of a party to an arbitration or its own\ninitiative, decides to ask a medical referee to help the court assess, or\nto report on, a medical matter in an arbitration, the registrar must tell\neach party, in writing, about the decision.\n","sortOrder":1048},{"sectionNumber":"3937","sectionType":"section","heading":"Arbitration—assessment of worker by medical referee","content":"3937 Arbitration—assessment of worker by medical referee\n(1) If a medical referee is to do a medical assessment of an injured worker\nfor an arbitration, the court may order the worker to undergo the\nNote 1 Pt 6.2 (Applications in proceedings) applies to an application under this\nNote 2 The Workers Compensation Regulation 2002, div 3.1 deals with how a\nmedical assessment must be done.\n(2) If an order is made under this rule, the registrar must tell each other\nparty to the arbitration, in writing, about the order.\n","sortOrder":1049},{"sectionNumber":"3938","sectionType":"section","heading":"Arbitration—medical referee to review medical evidence","content":"3938 Arbitration—medical referee to review medical evidence\netc\n(1) This rule applies if a medical referee is asked under rule 3934\n(Arbitration—party may apply for medical referee etc) to help the\ncourt assess, or report on, a medical matter in an arbitration.\n\nWorkers compensation—medical referees for arbitrations Division 3.13.7\nRule 3939\n(2) The medical referee must—\n(a) review the medical evidence about the injured worker; and\n(b) review any relevant approved medical guidelines or clinically\nrelevant research about the worker’s injury; and\n(c) apply the referee’s clinical expertise to the review under\nparagraphs (a) and (b); and\n(d) do a medical assessment of the worker, unless the referee\nconsiders it unnecessary.\napproved medical guidelines—see the Workers Compensation\nRegulation 2002, dictionary.\nclinically relevant research—see the Workers Compensation\nRegulation 2002, section 6.\nmedical evidence—see the Workers Compensation Regulation 2002,\ndictionary.\n","sortOrder":1050},{"sectionNumber":"3939","sectionType":"section","heading":"Arbitration—medical referee’s report","content":"3939 Arbitration—medical referee’s report\n(1) A medical referee’s report for an arbitration must state—\n(a) the results of the referee’s assessment of the cause or diagnosis\nof, or the prognosis or recommended medical treatment for, the\nworker’s injury; and\n(b) if the referee’s assessment differs from the medical evidence\nabout the worker’s injury—\n(i) how the assessment differs and why; and\n(ii) why the referee’s assessment is preferable; and\n\nRule 3940\n(c) if the referee considered it unnecessary to assess the worker—\nwhy the referee did not consider it necessary.\nExample of why assessment may differ\nThe medical evidence does not take into account relevant approved medical\nguidelines or clinically relevant research.\n(2) If there is no difference between the medical referee’s assessment and\nthe medical evidence, the report must say there is no difference.\n","sortOrder":1051},{"sectionNumber":"3940","sectionType":"section","heading":"Arbitration—medical referee’s report to be given to","content":"3940 Arbitration—medical referee’s report to be given to\nparties\nIf a medical referee prepares a report for an arbitration, the registrar\nmust give a copy of the report to each party to the arbitration.\n","sortOrder":1052},{"sectionNumber":"3941","sectionType":"section","heading":"Arbitration—court may decide claim without medical","content":"3941 Arbitration—court may decide claim without medical\nreferee report\nThis division does not prevent the court from deciding a claim\nwithout the help of, or a report from, a medical referee.\nDivision 3.13.8 Workers compensation—dispute\nresolution conference for arbitration\n","sortOrder":1053},{"sectionNumber":"3942","sectionType":"section","heading":"Meaning of dispute resolution conference—div 3.13.8","content":"3942 Meaning of dispute resolution conference—div 3.13.8\nFor this division, a dispute resolution conference means a meeting\nbetween the parties to an application for arbitration set down under\nrule 3945 (Dispute resolution conference—listings etc).\n","sortOrder":1054},{"sectionNumber":"3943","sectionType":"section","heading":"Dispute resolution conference—purpose","content":"3943 Dispute resolution conference—purpose\n(1) The purpose of a dispute resolution conference is to enable parties to\nan application for arbitration, with the assistance of a conciliator, to—\n(a) settle any issue in dispute; and\n(b) settle the amount of compensation payable or the basis upon\nwhich compensation is payable; and\n\nWorkers compensation—dispute resolution conference for arbitration Division 3.13.8\nRule 3944\n(c) if settlement of the claim is not reached—narrow the issues in\ndispute and, as far as practicable, agree on the future progress of\n(2) Parties attending a dispute resolution conference must, during the\nconference, make a genuine effort to settle the claim.\n","sortOrder":1055},{"sectionNumber":"3944","sectionType":"section","heading":"Conciliator for dispute resolution conference—div 3.13.8","content":"3944 Conciliator for dispute resolution conference—div 3.13.8\n(1) For this division, the registrar is a conciliator for dispute resolution\nconferences.\n(2) The court may appoint another person as a conciliator.\n(3) The conciliator for a dispute resolution conference has an advisory,\nbut not determinative, role for the conference and may advise parties\nto an application for arbitration about terms of settlement and\nencourage them to reach agreement.\n","sortOrder":1056},{"sectionNumber":"3945","sectionType":"section","heading":"Dispute resolution conference—listings etc","content":"3945 Dispute resolution conference—listings etc\n(1) Each application for arbitration must be listed for a dispute resolution\nconference.\n(2) However, if the court considers it appropriate, the court may make\nany of the following orders:\n(a) an order dispensing with the requirement to hold a dispute\nresolution conference;\n(b) an order excusing a party from attending a dispute resolution\nconference;\n(c) any other order about a dispute resolution conference.\n(3) In making an order, the court must take into account—\n(a) the extent to which the parties have complied with their\nobligations under the Workers Compensation Act 1951; and\n\nRule 3946\n(b) whether information required for the conference has been made\navailable by each party to the application to all other parties; and\n(c) the likelihood of the dispute being settled at the conference.\n","sortOrder":1057},{"sectionNumber":"3946","sectionType":"section","heading":"Dispute resolution conference—requirement to attend","content":"3946 Dispute resolution conference—requirement to attend\n(1) Unless the court otherwise orders, the injured worker or, for a claim\nby a dependant, the dependant or personal representative of the\ndependent, must attend the dispute resolution conference.\n(2) If the injured worker or dependant is represented, the representative\nmust also attend the dispute resolution conference.\n(3) Each other party must be represented at the dispute resolution\nconference.\n(4) A party’s representative at the dispute resolution conference must—\n(a) have authority to negotiate a settlement on behalf of the party;\nor\n(b) be able to obtain instructions to negotiate a settlement on behalf\nof the party during the conference.\n(5) This rule does not prevent the court from directing a party to attend\nthe dispute resolution conference.\n","sortOrder":1058},{"sectionNumber":"3947","sectionType":"section","heading":"Dispute resolution conference—time","content":"3947 Dispute resolution conference—time\nThe dispute resolution conference must be listed for a time—\n(a) if an answer to an application has been filed by the respondent\nor third-party respondent—not later than 3 months after the day\nthe answer was filed; or\n(b) if 3 months has passed since the day the application was filed\nand no action has been taken by any party to the application—\nnot later than 1 month after the 3 months has passed.\n\nWorkers compensation—dispute resolution conference for arbitration Division 3.13.8\nRule 3948\n","sortOrder":1059},{"sectionNumber":"3948","sectionType":"section","heading":"Dispute resolution conference—information to be","content":"3948 Dispute resolution conference—information to be\nprovided before conference\nA party to an application for arbitration must, not later than 5 days\nbefore the time for which the dispute resolution conference is listed,\ngive the court and each other party to the application the following:\n(a) a statement of issues;\n(b) a summary of the evidence on which the party intends to rely at\nthe arbitration;\n(c) if the party intends to rely on expert evidence at the arbitration\nbut the party has not yet obtained that evidence—details of what\narrangements have been made by the party to obtain the\n","sortOrder":1060},{"sectionNumber":"3948A","sectionType":"section","heading":"Dispute resolution conference—confidentiality","content":"3948A Dispute resolution conference—confidentiality\n(1) The parties and the conciliator must not disclose to anyone not\ninvolved in the dispute resolution conference any information or\ndocument produced during the conference, unless required by law to\nmake the disclosure.\n(2) Any information disclosed to the conciliator by a party in private must\nbe treated by the conciliator as confidential, unless the party making\nthe disclosure expressly states otherwise.\n","sortOrder":1061},{"sectionNumber":"3948B","sectionType":"section","heading":"Dispute resolution conference—settlement must be in","content":"3948B Dispute resolution conference—settlement must be in\nwriting\nIf the parties to an application for arbitration settle the claim at a\ndispute resolution conference, the agreement must be recorded in\n\nRule 3948C\n","sortOrder":1062},{"sectionNumber":"3948C","sectionType":"section","heading":"Dispute resolution conference—court orders on outcome","content":"3948C Dispute resolution conference—court orders on outcome\nof conference\n(1) If the parties to an application for arbitration do not settle the claim at\na dispute resolution conference, the court may—\n(a) if the court considers there are reasonable prospects that the\nclaim may be settled at a further dispute resolution conference—\n(i) direct the parties to attend a further dispute resolution\nconference; and\n(ii) make directions as required; and\n(b) if the court considers there is no reasonable prospect that the\nclaim may be settled at a further dispute resolution conference—\nmake directions for the conduct of the arbitration.\n(2) In making a direction for subsection (1) (b), the court must try to\nfacilitate—\n(a) hearing the claim as quickly as practicable; and\n(b) keeping costs as low as practicable.\n(3) Without limiting subsection (1) (b), the court may make directions\nabout any of the following:\n(a) obtaining, filing or serving further material, including evidence\nby affidavit;\n(b) any special requirements in relation to evidence;\nuse of telephone or audio visual facilities for evidence\n(c) any requirement for parties to file and serve a statement of facts,\nissues and contentions before the hearing.\n\nWorkers compensation—conduct of arbitration Division 3.13.9\nRule 3949\nDivision 3.13.9 Workers compensation—conduct of\narbitration\n","sortOrder":1063},{"sectionNumber":"3949","sectionType":"section","heading":"Conduct of arbitration—date","content":"3949 Conduct of arbitration—date\nThe registrar must—\n(a) set a date for an arbitration in accordance with the directions\n(if any) of the court; and\n(b) tell the parties the date set.\n","sortOrder":1064},{"sectionNumber":"3950","sectionType":"section","heading":"Conduct of arbitration—burden of proof on party","content":"3950 Conduct of arbitration—burden of proof on party\nasserting fact\nThe burden of proof of a fact that is not admitted in an arbitration is\nthe same whether the applicant is an employer or insurer, an injured\nworker, or a dependant, or personal representative, of a deceased\n","sortOrder":1065},{"sectionNumber":"3951","sectionType":"section","heading":"Conduct of arbitration—directions about third-party","content":"3951 Conduct of arbitration—directions about third-party\nrespondents\n(1) A party may apply for directions about the procedure to decide a\nquestion between a respondent and a third-party respondent.\n(2) The court may give the directions it considers appropriate.\n(3) Without limiting subrule (2), the court may—\n(a) give the third-party respondent leave to answer the applicant’s\nclaim against the respondent; or\n(b) give directions about the extent to which the third-party\nrespondent is to be liable to or be bound by an award in the\n(4) This rule does not affect an applicant’s claim against a respondent.\n\nDivision 3.13.9 Workers compensation—conduct of arbitration\nRule 3952\n","sortOrder":1066},{"sectionNumber":"3952","sectionType":"section","heading":"Conduct of arbitration—directions and orders if remedy","content":"3952 Conduct of arbitration—directions and orders if remedy\nagainst employer and stranger\n(1) This rule applies to an arbitration if—\n(a) the injury to the applicant worker happened in circumstances\nmentioned in the Workers Compensation Act, section 183\n(Remedies against employer and stranger); and\n(b) a respondent to the application claims that, if compensation is\npaid under the Workers Compensation Act to the applicant, the\nrespondent is entitled to be indemnified by a person under that\nsection.\n(2) The respondent may file a notice of claim naming the person.\n(3) The respondent must serve a sealed copy of the notice on the person.\nNote The copy of the notice must be served as soon as possible (see Legislation\nAct, s 151B (Doing things for which no time is fixed)).\n(4) If this rule applies, the court may make the orders it considers\n(5) Without limiting subrule (4), the court may give the person leave to\nanswer the applicant’s claim against the respondent.\n(6) If the person wishes to dispute the notice, the person may appear at\nthe arbitration.\n(7) Without limiting subrule (4), the court may, under the subrule, order\nthat the person is not entitled in any future proceeding between the\nrespondent and the person to dispute the validity of the award of the\ncourt on the arbitration.\n(8) If the person does not appear at the arbitration, the person is taken to\nadmit the validity of the award of the court on the arbitration.\n\nWorkers compensation—conduct of arbitration Division 3.13.9\nRule 3953\n(9) With the consent of the respondent and the person, the court may,\nunder subrule (4)—\n(a) if the person’s liability to indemnify the respondent is\nadmitted—make an order for the respondent against the person,\nto be enforced only after payment is made by the respondent\nunder the award; or\n(b) order that the question of the person’s liability to indemnify the\nrespondent be settled by arbitration between the respondent and\nthe person (the later arbitration) after the arbitration between\nthe applicant and the respondent.\n(10) If the court makes an order mentioned in subrule (9) (b), the court\nmay make the orders it considers appropriate in relation to the later\n(11) Without limiting subrules (4) and (10), the court may make any order\nit considers appropriate about costs between the respondent and the\nperson in the arbitration or the later arbitration.\n","sortOrder":1067},{"sectionNumber":"3953","sectionType":"section","heading":"Conduct of arbitration—directions generally","content":"3953 Conduct of arbitration—directions generally\n(1) The court may, at any stage of a proceeding, give any direction about\n(2) The court may give a direction about the conduct of the proceeding\n\nRule 3954\n(5) The court may at any time amend or revoke a direction made under\n(6) The court may amend or revoke a direction made under this rule on\n(7) The powers of the court under this rule are additional to any other\nDivision 3.13.10 Workers compensation—submission\nto award and payments into court\n","sortOrder":1068},{"sectionNumber":"3954","sectionType":"section","heading":"Arbitration—payment into court generally","content":"3954 Arbitration—payment into court generally\nIf a party to an arbitration pays an amount of compensation into court,\nthe registrar must tell each other party to the arbitration, in writing,\nabout the payment.\n","sortOrder":1069},{"sectionNumber":"3955","sectionType":"section","heading":"Arbitration—admission of liability to claim by worker","content":"3955 Arbitration—admission of liability to claim by worker\n(1) This rule applies to the arbitration of a claim if the application is by a\n(2) An employer may, before the day set for the arbitration, act under\nsubrule (3) or (4).\n(3) The employer may file in the court a notice stating that the employer\nadmits liability and submits to an award of the court for the payment\nof the amount of weekly compensation stated in the notice.\nNote See approved form 3.64 (Notice by respondent admitting liability or\npaying money into court) AF2006-501.\n\nRule 3956\n(4) The employer may—\n(a) file in the court a notice stating that the employer admits liability\nand submits to an award of the court for the payment of a lump\nsum amount of compensation stated in the notice that is\nsufficient to cover the employer’s liability on the claim; and\n(b) pay the amount into court.\n(5) An employer filing a notice under this rule must serve a copy of the\n","sortOrder":1070},{"sectionNumber":"3956","sectionType":"section","heading":"Arbitration—admission of liability to claim for deceased","content":"3956 Arbitration—admission of liability to claim for deceased\nworker\n(1) This rule applies to the arbitration of a claim if the application is by a\ndependant, or the personal representative, of a deceased worker.\n(2) An employer may, before the day set for the arbitration—\n(a) file in the court a notice stating that the employer admits\nliability; and\n(b) pay into court an amount sufficient to cover the employer’s\nliability on the claim.\nNote See approved form 3.65 (Notice by respondent admitting liability or\npaying money into court (deceased worker)) AF2006-502.\n(3) An employer filing a notice under this rule must serve a copy of the\n","sortOrder":1071},{"sectionNumber":"3957","sectionType":"section","heading":"Arbitration—denial and submission to award or payment","content":"3957 Arbitration—denial and submission to award or payment\nby employer\n(1) An employer who is a party to an arbitration may, before the day set\nfor the arbitration—\n(a) file in the court a notice stating that—\n(i) the employer does not admit liability on the claim; or\n\nRule 3958\n(ii) the employer submits to an award of the court for the\npayment of the amount of weekly compensation stated in\nthe notice but does not admit liability on the claim; and\n(b) pay into court—\n(i) an amount sufficient to cover the liability the employer\nwould have on the claim if the employer did not deny\nliability; or\n(ii) the amount stated in the notice.\n• approved form 3.64 (Notice by respondent admitting liability or\npaying money into court) AF2006-501\n• approved form 3.65 (Notice by respondent admitting liability or\npaying money into court (deceased worker)) AF2006-502.\n(2) An employer filing a notice under this rule must serve a copy of the\n","sortOrder":1072},{"sectionNumber":"3958","sectionType":"section","heading":"Arbitration—acceptance of payment by worker","content":"3958 Arbitration—acceptance of payment by worker\n(1) This rule applies if a notice is filed under rule 3955 (Arbitration—\nadmission of liability to claim by worker) in relation to a claim by a\n(2) The worker may accept the amount of compensation in satisfaction\nof the worker’s claim by giving written notice of the acceptance to\nthe employer and registrar.\n(3) Notice under subrule (2) must be given within a reasonable time\nbefore the day set for the arbitration, taking into consideration the\ntime the employer filed the notice under rule 3955.\n\nRule 3959\n","sortOrder":1073},{"sectionNumber":"3959","sectionType":"section","heading":"Arbitration—acceptance of payment for deceased worker","content":"3959 Arbitration—acceptance of payment for deceased worker\n(1) This rule applies if an employer files a notice under rule 3956\n(Arbitration—admission of liability to claim for deceased worker) in\nrelation to a claim made by a dependant, or the personal\nrepresentative, of a deceased worker.\n(2) The applicant dependant or personal representative may accept the\namount of compensation in satisfaction of the claim by giving written\nnotice of the acceptance to the employer, registrar and any other\n(3) If a respondent other than the employer is willing to accept the\namount of compensation in satisfaction of the claim, the respondent\nmay accept the amount of compensation in the same way as the\napplicant dependant or personal representative.\n(4) Notice under subrule (2) must be given within a reasonable time\nbefore the day set for the arbitration, taking into consideration the\ntime the employer filed the notice under rule 3956.\n","sortOrder":1074},{"sectionNumber":"3960","sectionType":"section","heading":"Arbitration—payment on worker’s acceptance","content":"3960 Arbitration—payment on worker’s acceptance\n(1) This rule applies if a worker accepts payment of an amount under\nrule 3958 (Arbitration—acceptance of payment by worker).\n(2) The court may order payment of the amount to the worker or the\napplication of the amount for the worker’s benefit.\n(3) The court may order the employer to pay any costs of the worker\nproperly incurred before the worker receives the notice about the\nemployer’s submission or payment, and in relation to the notice of the\nsubmission or payment and to its acceptance.\n\nRule 3961\n","sortOrder":1075},{"sectionNumber":"3961","sectionType":"section","heading":"Arbitration—payment on dependant’s etc acceptance","content":"3961 Arbitration—payment on dependant’s etc acceptance\n(1) This rule applies if an applicant dependant or personal representative\nand each respondent other than the employer (the other parties)\naccept payment of an amount under rule 3959 (Arbitration—\nacceptance of payment for deceased worker).\n(2) Further proceedings against the employer are stayed and—\n(a) if the other parties agree about the apportionment and\napplication of the amount—the court may make an award for the\napportionment and application of the amount; or\n(b) in any other case—the arbitration may proceed as between the\nother parties.\n(3) The court may order the employer to pay any costs of another party\nproperly incurred before the party receives notice about the\nemployer’s submission or payment, and in relation to the notice of the\nsubmission or payment and to its acceptance).\n","sortOrder":1076},{"sectionNumber":"3962","sectionType":"section","heading":"Arbitration—no prompt acceptance of submission or","content":"3962 Arbitration—no prompt acceptance of submission or\n(1) This rule applies if a party given a notice under rule 3955, rule 3956\nor rule 3957 does not accept the amount of compensation mentioned\nin the notice within a reasonable time after receiving the notice.\n(2) The party may accept the amount at any time before the arbitration\nstarts.\n(3) However, if the party accepts the amount, the party is liable to pay\nthe costs the court is satisfied were reasonably incurred by the\nemployer after the day the employer filed the notice or made the\npayment into court.\n\nRule 3963\n(4) The court may order that the costs payable by a party under\nsubrule (3) be set off against any costs payable to the party, or be\ndeducted from any amount awarded to the party.\n","sortOrder":1077},{"sectionNumber":"3963","sectionType":"section","heading":"Arbitration—award not greater than submission or","content":"3963 Arbitration—award not greater than submission or\n(a) an employer to an arbitration has submitted to an award, or paid\nan amount into court, and given notice under rule 3955,\nrule 3956 or rule 3957; and\n(b) the award on arbitration is not more than the amount submitted\nto or paid.\n(2) The employer is not liable to pay the costs of a party in whose favour\nthe submission or payment is made that were incurred by the party\nafter the party received notice about the submission or payment.\n(3) The court may—\n(a) order that any costs incurred by the employer after giving notice\nunder rule 3955, rule 3956 or rule 3957 be paid by any party\nwho has not accepted the amount submitted to or paid; and\n(b) order that the costs be set off against any costs payable to the\nparty or be deducted from any amount awarded to the party.\n(4) The court may also—\n(a) order that any costs incurred by a party who accepted the amount\nsubmitted to or paid after receiving the notice be paid by any\nother party who has not accepted the amount; and\n(b) order that the costs be set off against any costs payable to the\nparty or be deducted from any amount awarded to the party.\n\nRule 3964\n","sortOrder":1078},{"sectionNumber":"3964","sectionType":"section","heading":"Arbitration—award","content":"3964 Arbitration—award\n(1) If the court makes findings in support of an award in favour of a party\non an arbitration, the party must prepare draft terms of the award for\nmaking by the court.\nNote If a form is approved under the Court Procedures Act 2004, s 8 for this\nprovision, the form must be used.\n(2) The party preparing draft terms of the award must, not later than\n7 days after the day the court makes the findings, give a copy of the\ndraft terms to each other party to the arbitration.\n(3) Each other party to the arbitration must, not later than 7 days after the\nday the party receives a copy of the draft terms—\n(a) endorse the party’s agreement on the draft terms; or\n(b) object to the draft terms.\n(4) If the draft terms of the award are agreed, the draft terms must be\ngiven to the registrar for making by the court.\n(5) A party objecting to the terms must ask the registrar to list the matter\nbefore the court.\nNote The party must, as soon as possible, ask the registrar to list the matter (see\nLegislation Act, s 151B (Doing things for which no time is fixed)).\n(6) After the award is made by the court, the registrar must serve a sealed\ncopy of the award on each party to the arbitration.\n(7) The court may at any time correct a clerical error in an award made\non an arbitration.\n\nWorkers compensation—awards Division 3.13.11\nRule 3965\n","sortOrder":1079},{"sectionNumber":"3965","sectionType":"section","heading":"Arbitration—setting aside or amending award","content":"3965 Arbitration—setting aside or amending award\n(1) The court may, by order, set aside or amend an award made on\narbitration if satisfied that—\n(a) the award was obtained by fraud or other improper means; or\n(b) a person included in the award as a dependant is not a dependant;\nor\n(c) a person who is a dependant is not included in the award.\nNote Pt 6.2 (Applications is proceedings) applies to an application for an order,\ndirections or leave under this rule.\n(2) The court may give directions it considers appropriate about the\nconduct of a proceeding to set aside or amend an award.\n(3) The court may give the directions under subrule (2) on application by\na party or on its own initiative.\n(4) In setting aside or amending an award, the court may make any order\nit considers just.\n(5) An application to set aside or amend an award must not be made more\nthan 6 months after the date of the award without the court’s leave.\n(6) The court may give leave only if the failure to make the application\nnot later than 6 months after the date of the award was because of\nmistake, absence of the party from the ACT, or other reasonable\ngrounds.\n\nDivision 3.13.12 Workers compensation—registered agreements\nRule 3966\nDivision 3.13.12 Workers compensation—registered\nagreements\n3966 Registered agreement—application for registration\n(1) This rule applies to an agreement under the Workers Compensation\nAct, part 4.7 (Registration of agreements for compensation).\n(2) A person who is a party to the agreement may apply to the court for\nregistration of the agreement by filing a copy of the agreement in the\nNote 1 See approved form 3.66 (Application for registration of agreement for\ncompensation) AF2007-71.\nNote 2 The Legislation Act provides for things to be done as soon as possible if\nno time is fixed (see s 151B).\n(3) If the person is also a party to an arbitration about the matter in the\nagreement, the party may apply to the court for registration of the\nagreement by filing a copy of the agreement or handing it to the court\nat the arbitration.\n(4) The copy of the agreement filed or handed to the court must—\n(a) be signed by the injured worker, the injured worker’s\nrepresentative and each other party or the party’s representative;\nand\n(b) include a statement by a lawyer that the lawyer—\n(i) has provided independent legal advice about the agreement\nto the injured worker; and\n(ii) based on the lawyer’s experience in worker’s\ncompensation proceedings and knowledge of the injured\nworker’s claim, considers that the amount of compensation\nset out in the agreement is not manifestly inadequate.\napplication to register the agreement.\n\nWorkers compensation—costs Division 3.13.13\nRule 3967\n(6) Unless the court otherwise orders on its own initiative, the application\nto register must be dealt with without a hearing and in the absence of\nthe parties.\n(7) However, at any time before registering an agreement, the court may\nrequire a party to provide additional information.\n(8) If the court registers the agreement, the registrar must give a sealed\ncopy of the registered agreement, endorsed with the date of\nregistration, to—\n(a) each party to the agreement; and\n(b) if applicable, any party to the arbitration who is not a party to\nthe agreement.\n","sortOrder":1080},{"sectionNumber":"3967","sectionType":"section","heading":"Registered agreement—application for amendment or","content":"3967 Registered agreement—application for amendment or\ncancellation\n(1) A party to a registered agreement may apply to the court to amend or\ncancel the agreement under the Workers Compensation Act,\nsection 81 (Cancellation or amendment of registered agreements) by\nfiling an application in the court.\nNote Pt 6.2 (Applications is proceedings) applies to an application under this\n(2) The court may give the directions it considers appropriate about the\nconduct of the proceeding.\n(3) The court may give directions under subrule (2) on application by a\n","sortOrder":1081},{"sectionNumber":"3968","sectionType":"section","heading":"Workers compensation costs—generally","content":"3968 Workers compensation costs—generally\n(1) The successful party to an arbitration or related proceeding is entitled\nto be paid party and party costs (including reasonable disbursements)\nby the unsuccessful party, unless the court otherwise orders.\n\nRule 3969\n(2) The court may make any order about costs between a third-party\nrespondent and another party to an arbitration the court considers\n(3) However, the court must not award the costs of, or incidental to, an\narbitration or related proceeding (including reasonable\ndisbursements) against someone claiming compensation honestly in\nthe arbitration or proceeding.\n(4) The costs of, and incidental to, an arbitration or related proceeding\nare payable at 2/3 of the prescribed scale of costs, unless the court\n(5) Disbursements are payable in full.\n(6) This rule is subject to rule 3962 (Arbitration—no prompt acceptance\nof submission or payment) and rule 3963 (Arbitration—award not\ngreater than submission or payment).\n","sortOrder":1082},{"sectionNumber":"3969","sectionType":"section","heading":"Workers compensation costs—claim against arbitration","content":"3969 Workers compensation costs—claim against arbitration\naward\n(1) This rule applies if a worker is paid an amount of compensation on\n(2) The worker’s lawyer or the lawyer’s agent may claim costs in relation\nto the arbitration, or claim a lien in relation to the costs, from the\ncompensation only if, on application by the worker, lawyer or agent,\nthe court awards the lawyer or agent the costs.\n(3) Costs to be awarded to the lawyer or the lawyer’s agent are payable\nat 2/3 of the prescribed scale of costs, unless the court otherwise\n(4) Part 2.17 (Costs) applies in relation to costs awarded to a worker’s\nlawyer or the lawyer’s agent under this rule as if the lawyer or\nlawyer’s agent were a party to the proceeding entitled to costs.\n\nWorkers compensation—appeals Division 3.13.14\nRule 3970\nDivision 3.13.14 Workers compensation—appeals\n","sortOrder":1083},{"sectionNumber":"3970","sectionType":"section","heading":"Appeal—order of Supreme Court","content":"3970 Appeal—order of Supreme Court\n(1) This rule applies if an order is made by the Supreme Court on an\nappeal from a decision or award of the Magistrates Court in an\n(2) A party may file a sealed copy of the order in the Magistrates Court.\nNote The Legislation Act provides for things to be done as soon as possible if\nno time is fixed (see s 151B).\n(3) If the order has effect as a decision or award in favour of a party, the\ndecision or award must be recorded by the registrar of the Magistrates\nCourt as if it were a decision or award of that court.\n(4) If the order requires an award be made in favour of a party, the\nMagistrates Court must make the award.\n(5) If the judgment directs a re-hearing or further hearing of the\narbitration, the registrar of the Magistrates Court must—\n(a) set a date for directions; and\n(b) tell the parties the date for directions.\n(6) The Magistrates Court must make any other direction, decision or\naward that is necessary to give effect to the order.\n\nRule 4000B\n","sortOrder":1084},{"sectionNumber":"Div 4","sectionType":"division","heading":"1.1A Criminal proceedings—representation","content":"Division 4.1.1A Criminal proceedings—representation\n","sortOrder":1085},{"sectionNumber":"4000A","sectionType":"section","heading":"Definitions—div 4.1.1A","content":"4000A Definitions—div 4.1.1A\naccused person means—\n(a) a person charged with an indictable offence—\n(i) who is committed to the Supreme Court for trial or\nsentence; or\n(ii) for whom an indictment has been filed in the Supreme\nCourt; or\n(b) a defendant.\ncriminal proceeding, in relation to a proceeding in the Supreme\nCourt, does not include an application in relation to bail.\nNote See also dict, def criminal proceeding.\ndefendant means a person against whom an information is laid.\n","sortOrder":1086},{"sectionNumber":"4000B","sectionType":"section","heading":"Criminal proceedings—notice of solicitor acting","content":"4000B Criminal proceedings—notice of solicitor acting\n(1) If a solicitor is acting for an accused person in a criminal proceeding\nin a court, the solicitor must, as soon as practicable, but not later than\n14 days after the day the solicitor begins acting—\n(a) file with the court a notice that the solicitor is acting for the\naccused person; and\n(b) serve a stamped copy of the notice on—\n(i) each other party to the proceeding; and\n\nRule 4000B\n(ii) any solicitor who was acting for the accused person\nimmediately before the notice was filed.\nNote See the following approved forms:\n(a) approved form 4.4 (Supreme Court criminal proceeding—notice of\nsolicitor acting) AF2025-4;\n(b) approved form 4.4A (Magistrates Court criminal proceeding—\nnotice of solicitor acting) AF2025-5;\n(c) approved form 4.5 (Supreme Court criminal proceeding—notice of\nchange of solicitor) AF2025-6;\n(d) approved form 4.5A (Magistrates Court criminal proceeding—\nnotice of change of solicitor) AF2025-7.\n(2) For subsection (1) (a), if a person charged with an indictable offence\nis committed to the Supreme Court for trial or sentence, the solicitor\nacting for the accused person in that proceeding must file a notice\nwith the Supreme Court even if the solicitor previously filed a notice\nwith the Magistrates Court.\n(3) A notice under subrule (1) must include an address for service.\n(4) If a solicitor acts for 2 or more accused people in the same criminal\nproceeding, the solicitor may file a single notice under subrule (1)\nthat lists all the people the solicitor acts for in the proceeding.\n(5) To remove any doubt, an accused person may, at any stage of a\ncriminal proceeding and without an order being made by the court,\ninstruct another solicitor to act for them in place of the solicitor who\nis on the record for them in the proceeding.\n(6) If a solicitor files and serves a notice under subrule (1), the solicitor\nis taken to act for the accused person until—\n(a) another solicitor—\n(i) files a notice under subrule (1) (a); and\n(ii) serves a stamped copy of the notice in accordance with\nsubrule (1) (b); or\n\nRule 4000C\n(b) the solicitor files a notice under rule 4000C and serves a stamped\ncopy of the notice in accordance with that rule; or\n(c) the court makes an order under rule 4000E that the solicitor’s\nname be removed from the record; or\n(d) the solicitor’s name is removed from the local roll under the\nLegal Profession Act 2006; or\n(e) a solicitor’s local practising certificate under the Legal\nProfession Act 2006 is cancelled or suspended; or\n(f) the solicitor is given leave to withdraw under rule 4000D, and\ncomplies with rule 4000D (5).\n","sortOrder":1087},{"sectionNumber":"4000C","sectionType":"section","heading":"Criminal proceedings—solicitor’s instructions to act for","content":"4000C Criminal proceedings—solicitor’s instructions to act for\naccused person ended\n(a) a solicitor for an accused person is on the record in a criminal\n(b) the solicitor’s instructions to act for the accused person in the\nproceeding are ended before the proceeding is finally disposed\nof in the court.\n(a) file a notice stating that the solicitor is no longer acting for the\naccused person; and\n(b) serve a stamped copy of the notice on each party to the\nproceeding (including the accused person).\nNote See approved form 4.6 (Supreme Court criminal proceeding—notice that\nsolicitor no longer acting) AF2024-30 and approved form 4.6A\n(Magistrates Court criminal proceeding—notice that solicitor no longer\nacting) AF2024-31.\n\nRule 4000D\n(3) The solicitor must file and serve the notice as soon as practicable, but\nnot later than 14 days after the day the solicitor’s instructions are\nended.\naccused person includes a person who has been convicted of an\noffence and is awaiting sentence for the offence in the court.\nNote See also r 4000A, def accused person.\ncourt does not include the Court of Appeal.\n","sortOrder":1088},{"sectionNumber":"4000D","sectionType":"section","heading":"Criminal proceedings—withdrawal of solicitor","content":"4000D Criminal proceedings—withdrawal of solicitor\n(1) If a solicitor for an accused person is on the record in a criminal\nproceeding, the solicitor may withdraw from acting for an accused\nperson only with the court’s leave.\n(2) The application must be made in writing and—\n(a) state the name of the solicitor making the application; and\n(b) state briefly the order sought.\n(3) A stamped copy of the application must be served on—\n(a) the accused person—\n(ii) by registered letter addressed to the person’s last-known\n(b) each other party to the proceeding.\n(4) However, the application may be made orally to the court if the\nsolicitor wants to withdraw from acting for the accused person\nduring—\n\nRule 4000E\n(a) for a proceeding before the Magistrates Court—the hearing of\nthe information laid against the person; or\n(b) for a proceeding before the Supreme Court—the person’s trial;\nor\n(c) the person’s sentence hearing.\n(5) If the court gives the solicitor leave to withdraw, the solicitor must—\n(a) file a notice of withdrawal; and\n(b) serve a stamped copy of the notice on the accused person—\n(ii) by registered letter addressed to the person’s last-known\naddress; and\n(c) serve a stamped copy of the notice on each other party to the\nNote See approved form 4.7 (Supreme Court criminal proceeding—notice of\nwithdrawal of solicitor) AF2025-8 and approved form 4.7A (Magistrates\nCourt criminal proceeding—notice of withdrawal of solicitor) AF2025-\n9.\n","sortOrder":1089},{"sectionNumber":"4000E","sectionType":"section","heading":"Criminal proceedings—removal of solicitor by court","content":"4000E Criminal proceedings—removal of solicitor by court\n(a) a solicitor for an accused person is on the record in a criminal\n(b) the solicitor—\n(i) loses the capacity to act as the solicitor for the accused\nperson; or\n(ii) cannot be found; and\n(b) the solicitor does not file a notice that they are no longer acting\nfor the accused person; and\n\nRule 4000F\n(c) another solicitor does not file a notice of solicitor acting under\nrule 4000B.\n(2) The accused person may apply to the court for the removal of the\nsolicitor’s name from the record.\n","sortOrder":1090},{"sectionNumber":"4000F","sectionType":"section","heading":"Criminal proceedings—solicitor removed from roll etc","content":"4000F Criminal proceedings—solicitor removed from roll etc\n(a) a solicitor’s name is removed from the local roll under the Legal\nProfession Act 2006; or\n(b) a solicitor’s local practising certificate under the Legal\n(2) A copy of all processes and other documents to be served in a criminal\nproceeding in which the solicitor is a solicitor on the record must be\nserved on—\n(a) if a receiver is appointed under the Legal Profession Act 2006\nfor the solicitor’s practice—the receiver; or\n(b) if a receiver is not appointed—the accused person’s home or\nbusiness address until another solicitor is appointed.\n","sortOrder":1091},{"sectionNumber":"4000G","sectionType":"section","heading":"Criminal proceedings—handing over depositions","content":"4000G Criminal proceedings—handing over depositions\n(a) a person charged with an indictable offence is committed to the\nSupreme Court for trial; and\n(b) a solicitor (the original solicitor) is the solicitor on the record in\nrelation to the person for the proceeding in the Supreme Court;\nand\n\nDivision 4.1.1 Criminal proceedings—application of ch 2\nRule 4000\n(c) the original solicitor stops acting for the accused person.\n(2) The original solicitor must, as soon as practicable after the solicitor\nstops acting, give any depositions received by the original solicitor\nunder the Magistrates Court Act 1930, section 108 (Accused person\nmay obtain copies of depositions etc) to—\n(a) if another solicitor has served a notice under rule 4000B on the\noriginal solicitor—the other solicitor; or\n(b) if the original solicitor has not been served with a notice under\nrule 4000B—the accused person.\nDivision 4.1.1 Criminal proceedings—application of\nch 2\n4000 Criminal proceedings—application of expert witness\ncode of conduct\nDivision 2.12.1 (Expert evidence generally) applies to a criminal\nproceeding as if—\n(a) a reference to a proceeding were a reference to a criminal\n(b) a reference to an active party were a reference to each party to\n\nCriminal proceedings—service Division 4.1.2\nRule 4005\n","sortOrder":1092},{"sectionNumber":"4005","sectionType":"section","heading":"Meaning of accused person for div 4.1.2—bail","content":"4005 Meaning of accused person for div 4.1.2—bail\naccused person includes—\n(a) for an application under the Bail Act 1992, division 6.2 (Review\nof decisions by courts)—a person who is an accused person for\nthat division; and\n(b) for any other application in relation to bail—a convicted person.\nNote See also r 4700, def accused person.\n","sortOrder":1093},{"sectionNumber":"4006","sectionType":"section","heading":"Criminal proceedings—application of pt 6.8","content":"4006 Criminal proceedings—application of pt 6.8\nThe following rules do not apply to a criminal proceeding:\n(a) rule 6412 (Service of originating process by post—Magistrates\nCourt);\n(b) rule 6413 (Doubtful service—Magistrates Court);\n(c) rule 6421 (Service by filing);\n(d) division 6.8.5 (Service—particular cases);\n(e) rule 6460 (Substituted service);\n(f) rule 6461 (Informal service);\n(g) rule 6462 (Service on agent);\n(h) rule 6463 (Service under contract);\n(i) division 6.8.9 (Service out of Australia);\n(j) division 6.8.11 (Service of foreign legal process in the ACT);\n(k) division 6.8.12 (Service under the Hague Convention).\n\nRule 4007\n","sortOrder":1094},{"sectionNumber":"4007","sectionType":"section","heading":"Criminal proceedings—service on accused person by","content":"4007 Criminal proceedings—service on accused person by\nfiling if no address for service\n(1) This rule applies if an accused person in a criminal proceeding—\n(a) is not in custody; and\n(2) If the accused person does not have an address for service, a\ndocument for which personal service is not necessary may be served\non the person by—\n(a) filing it; and\n(b) sending a copy by prepaid post addressed to the accused person\nat the person’s last-known address.\n(3) A document filed under subrule (2) (a) must have endorsed on its first\npage a statement that it is filed under this rule.\n","sortOrder":1095},{"sectionNumber":"4008","sectionType":"section","heading":"Criminal proceedings—service if no-one found at","content":"4008 Criminal proceedings—service if no-one found at\naccused person’s address for service\n(a) an accused person in a criminal proceeding—\n(i) is not in custody; and\n(ii) is not represented by a solicitor; and\n(iii) has an address for service; and\n(b) no-one can be found at the address.\n(2) Any document in the proceeding (including a document for which\npersonal service is otherwise necessary) may be served on the\naccused person by leaving a copy at the person’s address for service.\n\nCriminal proceedings—service Division 4.1.2\nRule 4009\n","sortOrder":1096},{"sectionNumber":"4009","sectionType":"section","heading":"Criminal proceedings—service of documents when","content":"4009 Criminal proceedings—service of documents when\nunrepresented accused person in custody\n(1) This rule applies if an accused person in a criminal proceeding—\n(a) is in custody; and\n(2) A document required or allowed to be served by the accused person\nfor the proceeding may be served on the registrar for service by the\nregistrar on another party to the proceeding.\n(3) A document required or allowed to be served on the accused person\nfor the proceeding may be served by leaving the document with the\nperson in charge of the place where the person is in custody.\n(4) If a document mentioned in subrule (3) is served by the registrar, the\ndocument may be served—\n(a) by sending a copy by prepaid post to the place where the accused\nperson is in custody, addressed to the person in charge of the\nplace; or\nNote Prepaid post is defined in the dictionary.\n\nRule 4020\n","sortOrder":1097},{"sectionNumber":"4020","sectionType":"section","heading":"Criminal proceedings—failure of individual to comply","content":"4020 Criminal proceedings—failure of individual to comply\nwith subpoena etc\n(1) This rule applies if an individual fails to comply with—\n(b) an order requiring attendance to give evidence or produce a\n(ii) an officer, examiner or anyone else who has authority to\ntake evidence for the court.\n(a) the arrest of the individual; and\n(b) the production of the individual as required by the subpoena or\norder for the purpose of the proceeding; and\n(c) the detention in custody of the individual until released by the\n(3) The court may order an individual who did not attend as required by\nthe individual did not comply with the subpoena or order.\n\nCriminal proceedings—enforcement Division 4.1.3\nRule 4021\n","sortOrder":1098},{"sectionNumber":"4021","sectionType":"section","heading":"Criminal proceedings—failure of corporation to comply","content":"4021 Criminal proceedings—failure of corporation to comply\nwith subpoena etc\n(1) This rule applies if a corporation fails to comply with—\n(b) an order requiring attendance to give evidence or produce a\n(ii) an officer, examiner or anyone else who has authority to\ntake evidence for the court.\n(a) the arrest of a named senior officer of the corporation; and\n(b) the production of the senior officer as required by the subpoena\nor order for the purpose of the proceeding; and\n(c) the detention in custody of the senior officer until released by\n(3) The court may order a corporation that did not attend as required by\nthe corporation did not comply with the subpoena or order.\n\nRule 4050\nDivision 4.1.4 Criminal proceedings—other\nprovisions\n","sortOrder":1099},{"sectionNumber":"4050","sectionType":"section","heading":"Criminal proceedings—production of person in custody","content":"4050 Criminal proceedings—production of person in custody\n(1) The court may make the following orders:\n(a) an order requiring the production of a person who is in custody;\n(b) an order about the continuing custody of a person who is in\ncustody.\n(2) The court may order that the person in custody be produced—\n(3) An order under this rule may be made on the application of a party or\non the court’s initiative.\n","sortOrder":1100},{"sectionNumber":"4051","sectionType":"section","heading":"Criminal proceedings—defence response to prosecutor’s","content":"4051 Criminal proceedings—defence response to prosecutor’s\nopening address\nIf an accused person, or the person’s counsel, makes an opening\nresponse to the prosecutor’s opening address in a trial, the response—\n(a) must identify the acts, facts, matters and circumstances with\nwhich issue is taken in the prosecutor’s opening address and the\nbasis on which issue is taken; and\n(b) must not state facts that cannot be supported by evidence to be\npresented, or that has been presented, at the trial.\n\nCriminal proceedings—other provisions Division 4.1.4\nRule 4052\n","sortOrder":1101},{"sectionNumber":"4052","sectionType":"section","heading":"Criminal proceedings—execution of documents","content":"4052 Criminal proceedings—execution of documents\nThe registrar or a justice of the peace may witness any document\nrequired or allowed to be entered into under an order, decision or\nother sentence (however described) of the court in a criminal\n","sortOrder":1102},{"sectionNumber":"4053","sectionType":"section","heading":"Criminal proceedings—inspection of registry files","content":"4053 Criminal proceedings—inspection of registry files\n(1) Anyone may search the registry for, inspect, or take a copy of, any\ndocument filed in the registry in a criminal proceeding.\nNote A fee may be determined under the Court Procedures Act 2004 for this\nprovision.\n(2) However, the registrar must not allow a person who is not a party to\na proceeding to search the registry for, inspect, or take a copy of, any\nof the following documents about the proceeding unless the person\nappears to the registrar to have a sufficient interest in the document\nor the court gives leave:\n(a) an order, transcript of the proceeding, or any other document,\nthat the court has ordered to be kept confidential;\n(b) an affidavit that has not been read in court;\n(c) a part of an affidavit ruled to be inadmissible in evidence;\n(d) an admission that has not been admitted into evidence;\n(e) a subpoena;\nNote Rule 6609 (Inspection of, and dealing with, subpoenaed documents\nand things produced otherwise than on attendance) deals with the\ninspection of documents produced in response to a subpoena.\n(f) a deposition taken before an examiner;\n(g) a document filed in support of an application made in the\nabsence of a party;\n(h) a written submission that has not been read in court;\n\nRule 4053\n(i) an unsworn statement of evidence;\n(j) an indictment on which the accused has not yet been arraigned;\n(k) a case statement filed by the prosecution until read in court;\n(l) a questionnaire completed by the parties;\n(m) a document that the registrar decides should be confidential to\nthe parties to the proceeding in the interests of justice.\n(3) Also, a party to a proceeding may search the registry for, inspect, or\ntake a copy of, a subpoena issued at the request of another party only\n(4) However, subrule (3) does not apply to a subpoena that has been\nserved on the party.\n(5) Further, a party to a proceeding may search the registry for, inspect,\nor take a copy of, a document filed to support any of the following\napplications only with the court’s leave:\n(a) an application for a document, evidence or thing to be kept\nconfidential;\n(b) an application for a document or thing to be granted privilege\nfrom production.\n(6) Before considering an application for leave under subrule (2), the\ncourt may require the applicant for leave to do either or both of the\n(a) give notice of the application for leave to a party to the relevant\nproceeding or another interested person;\n(b) obtain the agreement of a party to the relevant proceeding or\nanother interested person to the applicant searching the registry\nfor, inspecting, or taking a copy of, a document to which the\n\nCriminal proceedings—other provisions Division 4.1.4\nRule 4054\ndocument—to remove any doubt, document includes a document\nkept electronically or in any other way.\nNote The Legislation Act, dict, pt 1, defines document to mean any record of\nsymbols or anything else having a meaning for persons qualified to\n","sortOrder":1103},{"sectionNumber":"4054","sectionType":"section","heading":"Criminal proceedings—certificate of conviction","content":"4054 Criminal proceedings—certificate of conviction\n(1) For a criminal proceeding, the registrar may issue a certificate of\nconviction.\nconviction, for a person who has been found guilty at a trial on an\nindictment or pleaded guilty to an offence charged in an indictment,\nmeans—\n(a) a conviction recorded by the court for the person; or\n(b) a finding of guilt recorded by the court for the person.\n","sortOrder":1104},{"sectionNumber":"4055","sectionType":"section","heading":"Criminal proceedings—preparation of judgments","content":"4055 Criminal proceedings—preparation of judgments\njudgment means sentence or other order.\n\nRule 4055\n(2) At any time after a judgment has been given in a criminal proceeding,\na party may give a draft of the judgment to the registrar.\n• approved form 4.2 (General form of order—criminal proceeding)\nAF2024-24\n• approved form 4.3 (General form of judgment—criminal\nproceeding) AF2024-25.\n(3) If an appeal is made from the judgment, or an application is made in\nrelation to the judgment, the appellant or applicant must give a draft\nof the judgment to the registrar, unless the judgment has been already\nentered.\n(4) The registrar—\n(a) may approve a draft of the judgment given to the registrar, with\nor without amendment; and\n(b) must, on the filing of the engrossed judgment with the approved\ndraft, enter the judgment.\n\nMagistrates Court criminal proceedings—preliminary Division 4.2.1\nRule 4300\nPart 4.2 Magistrates Court criminal\nDivision 4.2.1 Magistrates Court criminal\nproceedings—preliminary\n4300 Definitions—pt 4.2\nconviction includes a finding of guilt recorded by the court for a\ndefendant means a person against whom an information is laid.\norder includes a conviction or sentence.\n4301 Application—pt 4.2\nThis part applies to a criminal proceeding in the Magistrates Court.\nDivision 4.2.1AA Magistrates Court criminal\nproceedings—first appearance\n4302 When not necessary for court to read charges to\n(1) This rule applies to a defendant in a criminal proceeding if—\n(a) the defendant was served with a summons under the Magistrates\nCourt Act 1930, section 41 (Service of summons) and the\ninformation to which it relates; or\n(b) the defendant was served with a court attendance notice under\nthe Magistrates Court Act 1930, section 41B (Commencing\ncriminal proceeding by court attendance notice); or\n(c) the court is satisfied the defendant has otherwise received a\nwritten copy of an information laid against the defendant.\n\nDivision 4.2.1AA Magistrates Court criminal proceedings—first appearance\nRule 4303\n(2) It is not necessary for the court to read the information laid against\nthe defendant to the defendant at the defendant’s first appearance\nbefore the court.\n","sortOrder":1105},{"sectionNumber":"4303","sectionType":"section","heading":"Represented defendant may enter plea or consent to","content":"4303 Represented defendant may enter plea or consent to\nsummary disposal of proceeding\n(1) A defendant represented by a legal practitioner in a criminal\nproceeding may—\n(a) enter a plea to an information by filing in the court a plea in\nwriting—\n(i) signed by the defendant; and\n(ii) witnessed and certified by the legal practitioner; and\n(b) consent to summary disposal of the proceeding by filing in the\ncourt a consent in writing—\n(i) signed by the defendant; and\n(ii) witnessed by the legal practitioner.\nNote See approved form 4.16 (Plea to information or consent to disposal of\nproceeding summarily) AF2024-40.\n(2) The certification under subrule (1) (a) (ii) must certify that—\n(a) the defendant read or was made aware of the contents of the\ninformation; and\n(b) the defendant was made aware of the effect of entering the plea,\nincluding that entering a plea of guilty to an offence in the\ninformation is a binding and unequivocal admission of guilt to\neach element of the offence; and\n(c) the defendant signed the plea after being made aware of the\nmatters mentioned in paragraphs (a) and (b).\n\nMagistrates Court criminal proceedings—prosecution evidence in\ncommittal proceedings\nDivision 4.2.1A\nRule 4305\nDivision 4.2.1A Magistrates Court criminal\nproceedings—prosecution evidence\nin committal proceedings\n","sortOrder":1106},{"sectionNumber":"4305","sectionType":"section","heading":"Prosecution evidence to be given to accused etc—","content":"4305 Prosecution evidence to be given to accused etc—\nMagistrates Court Act, s 90\n(1) For the Magistrates Court Act 1930, section 90 (2), the period within\nwhich the informant must serve the documents on the accused person\nbefore the date set for the committal hearing is—\n(a) 28 days; or\n(b) if the court orders another period—the period ordered.\n(2) For the Magistrates Court Act 1930, section 90 (3), the period within\nwhich a copy of the documents mentioned in subrule (1) must be filed\nin the court is—\n(a) 28 days; or\n(b) if the court orders another period—the period ordered.\nDivision 4.2.2 Magistrates Court criminal\nproceedings—setting aside orders\n","sortOrder":1107},{"sectionNumber":"4310","sectionType":"section","heading":"Magistrates Court order made in absence of party may be","content":"4310 Magistrates Court order made in absence of party may be\nset aside—general\n(1) This rule applies if a party does not appear in a criminal proceeding\nand an order is made.\n(2) However, this rule does not apply if the defendant—\n(a) had entered a plea of guilty under the Magistrates Court\nAct 1930, section 116D (Pleas to prescribed offence); and\n(b) did not withdraw the plea before the order was made; and\n(c) did not appear in the proceeding.\n\nDivision 4.2.2 Magistrates Court criminal proceedings—setting aside orders\nRule 4311\n(3) On application by the party who did not appear, the court may set\naside the order.\n","sortOrder":1108},{"sectionNumber":"4311","sectionType":"section","heading":"Magistrates Court order made in absence of defendant","content":"4311 Magistrates Court order made in absence of defendant\nmay be set aside—summons for prescribed offence\n(1) This rule applies to an order made against a defendant in the\ndefendant’s absence if—\n(a) the defendant was served with a summons under the Magistrates\nCourt Act 1930, section 116B (Service of summons for\nprescribed offence); and\n(b) any of the following subparagraphs apply:\n(i) the defendant did not return the notice of intention to\ndefend form or the plea of guilty form to the registrar\nbefore the day when the defendant was required by the\nsummons to appear before the court;\n(ii) the court has previously, in the absence of the defendant,\nadjourned the hearing under the Magistrates Court\nAct 1930, section 116E (3) (Procedure if plea of guilty\nentered), and the court is satisfied that a notice under that\nsubsection did not come to the defendant’s attention before\nthe conviction was recorded or the order made;\n(iii) the court is satisfied that a notice mentioned in the\nMagistrates Court Act 1930, section 116F (Procedure if\nnotice of intention to defend given) or section 116H\n(Restricted penalties under pt 3.7) did not come to the\ndefendant’s attention before the date set under the section\nfor the hearing of the proceeding.\n(2) On the application of the defendant, the court must set aside the order.\n\nMagistrates Court criminal proceedings—setting aside orders Division 4.2.2\nRule 4312\n","sortOrder":1109},{"sectionNumber":"4312","sectionType":"section","heading":"Magistrates Court order made in absence of party may be","content":"4312 Magistrates Court order made in absence of party may be\nset aside—other offences\n(1) This rule applies to an order made in the absence of a party if\nrule 4311 (Magistrates Court order made in absence of defendant may\nbe set aside—summons for prescribed offence) does not apply to the\n(2) On application by the party, the court may set aside the order on the\nconditions it considers appropriate.\nExample of conditions\npayment of costs\n","sortOrder":1110},{"sectionNumber":"4313","sectionType":"section","heading":"Magistrates Court conviction made in absence of party","content":"4313 Magistrates Court conviction made in absence of party\nset aside—warrant may be set aside\n(1) This rule applies if the court sets aside a conviction in a criminal\nproceeding under any of the following rules:\n• rule 4310 (Magistrates Court order made in absence of party may\nbe set aside—general)\n• rule 4311 (Magistrates Court order made in absence of defendant\nmay be set aside—summons for prescribed offence)\n• rule 4312 (Magistrates Court order made in absence of party may\nbe set aside—other offences).\n(2) The court must set aside a warrant issued under the Magistrates Court\nAct 1930 because of the conviction, unless the warrant has been\nexecuted before the conviction is set aside.\n\nDivision 4.2.2 Magistrates Court criminal proceedings—setting aside orders\nRule 4314\n","sortOrder":1111},{"sectionNumber":"4314","sectionType":"section","heading":"Magistrates Court conviction made in absence of party","content":"4314 Magistrates Court conviction made in absence of party\nset aside—hearing\n(1) This rule applies if the court has set aside a conviction in a criminal\nproceeding under any of the following rules:\n• rule 4310 (Magistrates Court order made in absence of party may\nbe set aside—general)\n• rule 4311 (Magistrates Court order made in absence of defendant\nmay be set aside—summons for prescribed offence)\n• rule 4312 (Magistrates Court order made in absence of party may\nbe set aside—other offences).\n(a) on giving the parties reasonable notice, hear and decide the\n(b) adjourn the hearing of the proceeding to a time and place the\ncourt considers appropriate.\n(3) If the court adjourns the hearing of the proceeding under\nsubrule (2) (a), the court may direct the registrar to tell the parties the\ndate set for the adjourned hearing.\n","sortOrder":1112},{"sectionNumber":"4315","sectionType":"section","heading":"Magistrates Court order made in absence of party may be","content":"4315 Magistrates Court order made in absence of party may be\nset aside—application by informant\n(1) This rule applies if a defendant does not appear in a criminal\nproceeding and an order is made against the defendant.\n(2) However, this rule does not apply if the defendant—\n(a) had entered a plea of guilty under the Magistrates Court\nAct 1930, section 116D (Pleas to prescribed offence); and\n(b) did not withdraw the plea before the order was made; and\n(c) did not appear in the proceeding.\n\nMagistrates Court criminal proceedings—witnesses Division 4.2.3\nRule 4330\n(3) On application by the informant, the court may set aside the order on\nthe conditions it considers appropriate.\nExample of conditions\npayment of costs\n(4) If, under this rule, the court sets aside a conviction, the court must\ndismiss the information and set aside any warrant issued under the\nMagistrates Court Act 1930 because of the conviction.\nDivision 4.2.3 Magistrates Court criminal\nproceedings—witnesses\n","sortOrder":1113},{"sectionNumber":"4330","sectionType":"section","heading":"Magistrates Court witness—informant may request","content":"4330 Magistrates Court witness—informant may request\nattendance\n(1) The informant may, by letter sent by a form of post that requires a\nsignature on receipt, request a person to attend to give evidence as a\nwitness at the hearing of an information.\nNote See approved form 4.12 (Request to attend hearing as witness)\nAF2024-36.\n(2) The letter must—\n(a) set out the time and place for the hearing; and\n(b) be accompanied by an undertaking to attend the hearing to be\nsigned by the person and returned to the informant by the date\nstated in the undertaking; and\nNote See approved form 4.13 (Undertaking to attend as witness)\nAF2024-37.\n(c) be accompanied by a form to be completed by the person to\nclaim the person’s reasonable expenses incurred in attending the\nNote See approved form 4.14 (Claim for expenses by witness)\nAF2024-38.\n\nDivision 4.2.3 Magistrates Court criminal proceedings—witnesses\nRule 4331\n","sortOrder":1114},{"sectionNumber":"4331","sectionType":"section","heading":"Magistrates Court witness—expenses","content":"4331 Magistrates Court witness—expenses\nA person who attends the hearing of a criminal proceeding as a\nwitness is entitled to be paid witness expenses assessed in accordance\nwith schedule 4.\n\nSupreme Court criminal proceedings—preliminary Division 4.3.1\nRule 4700\nPart 4.3 Supreme Court criminal\nDivision 4.3.1 Supreme Court criminal\nproceedings—preliminary\n4700 Definitions—pt 4.3\naccused person means a person charged with an indictable offence—\n(a) who is committed to the court for trial or sentence; or\n(b) for whom an indictment has been filed in the court.\nNote For applications in relation to bail, see also def accused person in the\nfollowing rules:\n• r 4005 (Meaning of accused person for div 4.1.2—bail applications)\n• r 4720 (Meaning of accused person for div 4.3.3).\nappearance date—see rule 4731.\ncase statement—see rule 4732.\nsentence means an order, decision or other sentence (however\ndescribed) imposed by the court on a person—\n(a) after the person has been convicted or found guilty; or\n(b) after the person has pleaded guilty to an indictable offence under\nthe Magistrates Court Act 1930, section 90A (7) (Plea of guilty\nin committal proceedings).\nExamples of sentences\n1 a reparation order under the Crimes (Sentencing) Act 2005, section 19\n(Reparation orders—losses and expenses generally)\n2 a good behaviour order under the Crimes (Sentencing) Act 2005, section 13\n(Good behaviour orders)\n\nRule 4701\n4701 Application—pt 4.3\nThis part applies to a criminal proceeding in the Supreme Court.\nDivision 4.3.3 Supreme Court criminal\nproceedings—bail\n4720 Meaning of accused person—div 4.3.3\naccused person—\n(a) for an application under the Bail Act 1992, division 6.2 (Review\nof decisions by courts)—means a person who is an accused\nperson for that division; and\nNote Accused person is defined for that division in the Bail Act 1992,\ndict.\n(b) for any other application in relation to bail—includes a\nconvicted person.\nNote See also r 4700, def accused person.\n","sortOrder":1115},{"sectionNumber":"4721","sectionType":"section","heading":"Supreme Court bail application in relation to accused","content":"4721 Supreme Court bail application in relation to accused\nperson\n(1) An application in relation to bail by an accused person must comply\nwith this division.\nNote 2 See approved form 4.8 (Supreme Court application in relation to bail)\nAF2011-63.\n(a) state the accused person’s name; and\n(b) state briefly the order (or orders) sought.\n\nSupreme Court criminal proceedings—bail Division 4.3.3\nRule 4721\n(3) The application must be supported by an affidavit stating—\n(a) the charges (if any) outstanding against the accused person; and\n(b) if the accused person has been committed for sentence or trial to\nthe court—that fact, and the date the person was committed; and\n(c) if the accused person has been convicted or found guilty of an\noffence relevant to the application—that fact, the offence and\nthe date the person was convicted or found guilty; and\n(d) if the accused person has been sentenced for an offence relevant\nto the application—that fact, the sentence and the date the\nperson was sentenced; and\n(e) if bail has previously been refused for an offence relevant to the\napplication—the reasons bail was refused; and\n(f) the accused person’s date of birth; and\n(g) whether the accused person has a criminal record; and\n(h) if the accused person is in custody—the day the person was\nplaced in custody; and\n(i) the day the matter is next listed before a court; and\n(j) the informant’s name; and\n(k) if the Bail Act 1992, section 9C (Bail for murder), section 9D\n(Bail for serious offence committed while charge for another\npending or outstanding) or section 9E (Bail for person sentenced\nto imprisonment) applies in relation to the application—the\nspecial or exceptional circumstances that exist favouring the\ngrant of bail; and\n\nRule 4721\n(l) if a court has made a decision in relation to an application for\nbail by the accused person and the application is a further\napplication for bail—\n(i) for each previous application for bail—\n(A) the name of the judge or magistrate who heard the\n(B) the date the application was made; and\n(A) the change in circumstances relevant to the granting\nof bail since the last application for bail was made; or\n(B) the fresh evidence or information of relevance to the\ngranting of bail that was unavailable when the last\napplication for bail was made; and\nNote See the Bail Act 1992, s 20C (Repeat application for bail—\nSupreme Court).\n(m) if the application is for review of a decision of an authorised\nofficer in relation to bail—\n(i) the change in circumstances relevant to the granting of bail\nsince the officer’s decision was made; or\n(ii) the fresh evidence or information of relevance to the\ngranting of bail that was unavailable when the officer’s\ndecision was made; and\nNote See the Bail Act 1992, s 43 (Power of Supreme Court to review—\ndecision of authorised officer).\n(n) if the application is for review of a decision of a court in relation\nto bail—\n(i) for each previous application for bail—\n(A) the name of the judge or magistrate who heard the\n\nSupreme Court criminal proceedings—bail Division 4.3.3\nRule 4722\n(B) the date the application was made; and\n(A) a change in circumstances relevant to the granting of\nbail since the court’s decision was made; or\n(B) the fresh evidence or information of relevance to the\ngranting of bail that was unavailable when the last\napplication for bail was made; and\nNote See the Bail Act 1992, s 43A (Power of Supreme Court to review—\ndecision of Magistrates Court or Supreme Court).\n(o) the conditions (if any) on which bail is sought.\n(4) The accused person must serve a stamped copy of the application and\nsupporting affidavit on the director of public prosecutions.\n(5) This rule is subject to rule 4723 (Supreme Court application for\nreview of bail by unrepresented accused person).\n","sortOrder":1116},{"sectionNumber":"4722","sectionType":"section","heading":"Supreme Court bail application by informant","content":"4722 Supreme Court bail application by informant\n(1) An application in relation to bail by an informant must comply with\nthis division.\nNote 2 See approved form 4.8 (Supreme Court application in relation to bail)\nAF2011-63.\n(a) state the accused person’s name; and\n(b) state briefly the order (or orders) sought; and\n(c) state briefly particulars of the grounds relied on in support of the\norder (or orders) sought.\n\nRule 4723\n(4) The informant must serve a stamped copy of the application and\nsupporting affidavit on the accused person.\n","sortOrder":1117},{"sectionNumber":"4723","sectionType":"section","heading":"Supreme Court application for bail by unrepresented","content":"4723 Supreme Court application for bail by unrepresented\n(a) an accused person is unrepresented; and\n(b) the person applies for review of bail under the Bail Act 1992,\nsection 20B (Power in relation to bail—Supreme Court), section\n43 (Power of Supreme Court to review—decision of authorised\nofficer) or section 43A (Power of Supreme Court to review—\ndecision of Magistrates Court or Supreme Court).\n(2) The accused person may apply for bail using a short form of\nNote 2 See approved form 4.9 (Supreme Court application for bail by\nunrepresented accused person) AF2011-64.\n(3) The accused person must serve a stamped copy of the application on\nthe director of public prosecutions.\n","sortOrder":1118},{"sectionNumber":"4724","sectionType":"section","heading":"Prosecution application for review of bail decision","content":"4724 Prosecution application for review of bail decision\n(1) This rule applies to an application by the director of public\nprosecutions for review of a bail decision under the Bail Act 1992,\nsection 44 (Right of review of bail decisions—prosecution).\nNote Application must be made using approved form 4.11 (Application for\nreview of bail) AF2017-107.\n(2) Part 6.2 (Applications in proceedings) does not apply to an\n\nRule 4730\n(3) When the registry is open, the application must be—\n(a) filed by delivering it to the registry personally; and\n(b) stamped with the date and time of filing.\n(4) When the registry is not open, the application must be filed by\nsending a copy by email to s44bailreview@courts.act.gov.au.\nDivision 4.3.4 Supreme Court criminal\nproceedings—pre-trial procedure\n","sortOrder":1119},{"sectionNumber":"4730","sectionType":"section","heading":"Application—div 4.3.4","content":"4730 Application—div 4.3.4\nThis division applies if an accused person is committed to the\nSupreme Court for trial or sentence.\n","sortOrder":1120},{"sectionNumber":"4731","sectionType":"section","heading":"Supreme Court criminal proceedings—appearance of","content":"4731 Supreme Court criminal proceedings—appearance of\n(1) This rule applies if the Magistrates Court commits an accused person\nfor trial or sentence in the Supreme Court.\n(2) The registrar of the Supreme Court must give the registrar of the\nMagistrates Court suitable dates for the proceeding to be listed in the\n(3) On the committal of the accused person, the Magistrates Court must\nset 1 of the dates (the appearance date) for the accused person to\nappear in the Supreme Court.\n(4) If the accused person is granted bail, the court must require the\naccused person, as a condition of the bail, to appear before the\nSupreme Court on the appearance date.\n\nRule 4732\n","sortOrder":1121},{"sectionNumber":"4732","sectionType":"section","heading":"Supreme Court criminal proceedings—appearance when","content":"4732 Supreme Court criminal proceedings—appearance when\ncommitted for sentence\nIf the accused person is committed for sentence, the court may, on the\nappearance date—\n(a) ask the accused person about the person’s representation,\nincluding legal aid; and\n(b) if the accused person pleaded guilty in the Magistrates Court—\nconfirm the accused person’s plea of guilty; and\n(c) direct the director of public prosecutions to file in the court a\nstatement of the facts (the case statement) on which the\nprosecution relies; and\n(d) direct the director of public prosecutions to give a copy of the\ncase statement to the accused person or, if the accused person is\nrepresented by a solicitor, the solicitor by the date set by the\n(e) ask the parties if the matter is urgent; and\n(f) make orders in relation to pre-sentence reports; and\n(g) ask if any variation of bail is sought; and\n(h) give any other directions that the court considers appropriate.\n","sortOrder":1122},{"sectionNumber":"4733","sectionType":"section","heading":"Supreme Court criminal proceedings—appearance when","content":"4733 Supreme Court criminal proceedings—appearance when\ncommitted for trial\nIf the accused person is committed for trial, the court may, on the\nappearance date—\n(a) ask the accused person about the person’s representation,\nincluding legal aid; and\n\nRule 4733\n(b) ask the accused person whether the person has decided to have\nthe trial by judge alone; and\nNote 1 See the Supreme Court Act 1933, s 68B (Trial by judge alone in\ncertain criminal proceedings).\nNote 2 See approved form 4.11 (Supreme Court criminal proceeding—\nelection for trial by judge alone) AF2024-35.\n(c) direct the director of public prosecutions to file in the court—\n(i) a draft indictment; and\n(ii) the case statement; and\n(iii) a list of proposed prosecution witnesses; and\n(d) direct the director of public prosecutions to give a copy of the\ndraft indictment, case statement and list of proposed prosecution\nwitnesses to the accused person or, if the accused person is\nrepresented by a solicitor, the solicitor by the date set by the\n(e) direct the parties to complete and file in the court a pre-trial\nquestionnaire by the date set by the court; and\nNote See approved form 4.10 (Supreme Court criminal proceeding—\npre-trial questionnaire) AF2024-34.\n(f) ask the parties if the matter is urgent; and\n(g) ask about any unusual features of the matter; and\n(h) ask about the length of the trial; and\n(i) ask if any variation of bail is sought; and\n(j) give any other directions that the court considers appropriate.\n\nRule 4734\n","sortOrder":1123},{"sectionNumber":"4734","sectionType":"section","heading":"Supreme Court criminal proceedings—pre-trial","content":"4734 Supreme Court criminal proceedings—pre-trial\nquestionnaire\nIf the court directs the parties to complete a pre-trial questionnaire—\n(a) the director of public prosecutions must—\n(i) complete the column of the questionnaire headed ‘DPP’;\nand\n(ii) give the completed questionnaire to the accused person or,\nif the accused person is represented by a solicitor, the\nsolicitor—\n(A) at least 7 days before the day the questionnaire must\nbe filed in the court; or\n(B) if the court sets another date—by that date; and\n(b) the accused person or the person’s lawyer must—\n(i) complete the column of the questionnaire headed\n‘Accused’; and\n(ii) file the completed questionnaire in the court by the date set\nby the court.\n","sortOrder":1124},{"sectionNumber":"4735","sectionType":"section","heading":"Supreme Court criminal proceedings—completion of","content":"4735 Supreme Court criminal proceedings—completion of\npre-trial questionnaire\n(1) After the pre-trial questionnaire is completed by the accused person\nor the person’s solicitor, and filed in the court, the registrar—\n(a) if the registrar considers that the matter may need to be listed for\nfurther case management before the registrar—must set a date\nfor a directions hearing before the registrar, and tell the parties\nthe date; or\n(b) in any other case—may set a date for arraignment of the accused\nperson before the court, and tell the parties the date.\n\nRule 4735A\n(2) In considering whether a matter needs to be listed for further case\nmanagement, the registrar—\n(a) may ask the parties to give the court any further information\nabout the matter the registrar considers necessary; and\n(b) must have regard to the following:\n(i) the parties’ answers in the questionnaire;\n(ii) any other documents filed in the proceeding;\n(iii) any other information given by a party to the court.\n","sortOrder":1125},{"sectionNumber":"4735A","sectionType":"section","heading":"Supreme Court criminal proceedings—registrar’s","content":"4735A Supreme Court criminal proceedings—registrar’s\ndirections hearing\n(1) At a directions hearing under rule 4735, the registrar may deal with\nany matter mentioned in rule 4732 or rule 4733.\n(2) The registrar may refer a matter to a judge, if a party does not comply\nwith directions made by the registrar or the court.\n","sortOrder":1126},{"sectionNumber":"4736","sectionType":"section","heading":"Supreme Court criminal proceedings—arraignment","content":"4736 Supreme Court criminal proceedings—arraignment\n(1) On the arraignment of the accused person, the director of public\nprosecutions may present an indictment in relation to the person to\n(2) If an indictment is presented by the director of public prosecutions,\nthe accused person must enter a plea.\nNote The Crimes Act 1900, s 282 provides that, if a person refuses to plead,\nthe court may order a plea of not guilty to be entered on behalf of the\nperson. The plea has the same effect as if the person had pleaded not\nguilty.\n(3) After the accused person enters a plea, the court may make any order,\nor give any direction, about the conduct of the proceeding it considers\n\nRule 4738\n","sortOrder":1127},{"sectionNumber":"4738","sectionType":"section","heading":"Supreme Court criminal proceedings—directions","content":"4738 Supreme Court criminal proceedings—directions\n(1) A party to a proceeding may, at any time, apply to the court for\ndirections about the conduct of the proceeding.\n(2) The court may, at any stage of a proceeding, give any direction about\n(3) The court may give a direction about the conduct of the proceeding\n(4) In deciding whether to give a direction under this rule, the interests of\n(5) If a direction under this rule is inconsistent with another provision of\n(6) The court may at any time amend or revoke a direction made under\n(7) The court may amend or revoke a direction made under this rule on\n(8) The powers of the court under this rule are additional to any other\n\nSupreme Court criminal proceedings—pre-trial applications Division 4.3.5\nRule 4750\nDivision 4.3.5 Supreme Court criminal\nproceedings—pre-trial applications\n","sortOrder":1128},{"sectionNumber":"4750","sectionType":"section","heading":"Supreme Court criminal proceedings—application to set","content":"4750 Supreme Court criminal proceedings—application to set\naside or stay proceeding\n(1) An accused person may apply to set aside or stay any criminal\nproceeding against the person.\n(2) The application must be made and heard before the accused person is\narraigned.\n(3) If the application is dismissed, the accused person may make a further\napplication under subrule (1) in relation to the same or similar charges\nonly if—\n(a) there has been a significant change of circumstances; and\n(b) the application is limited to the change of circumstances.\n","sortOrder":1129},{"sectionNumber":"4751","sectionType":"section","heading":"Supreme Court criminal proceedings—application for","content":"4751 Supreme Court criminal proceedings—application for\nseparate trials\nAn accused person may apply for—\n(a) separate trials of different charges alleged against the person in\nthe same indictment; and\n(b) a separate trial from that of someone else committed for trial and\ncharged in the same indictment.\n\nDivision 4.3.5 Supreme Court criminal proceedings—pre-trial applications\nRule 4752\n","sortOrder":1130},{"sectionNumber":"4752","sectionType":"section","heading":"Supreme Court criminal proceedings—other pre-trial","content":"4752 Supreme Court criminal proceedings—other pre-trial\nAn application made in the course of a criminal proceeding must be\nmade in writing if—\n(a) the application—\n(i) is made before the prosecution’s case opens or witnesses\nare called; and\n(ii) raises any question about the admissibility of evidence, or\nany other question of law affecting the conduct of the trial;\nor\n(b) the application would postpone or delay a trial that has been\nlisted for hearing if it were granted; or\n(c) the application cannot reasonably be made without notice to\nother parties; or\n(d) the application is directed by a judge to be in writing.\n","sortOrder":1131},{"sectionNumber":"4753","sectionType":"section","heading":"Supreme Court criminal proceedings—applications under","content":"4753 Supreme Court criminal proceedings—applications under\nr 4750, r 4751 and r 4752\n(1) This rule applies to an application under any of the following rules:\n• rule 4750 (Supreme Court criminal proceedings—application to\nset aside or stay proceeding)\n• rule 4751 (Supreme Court criminal proceedings—application for\nseparate trials)\n• rule 4752 (Supreme Court criminal proceedings—other pre-trial\n(a) state the party making the application; and\n(b) state briefly the order (or orders) sought; and\n\nSupreme Court criminal proceedings—pre-trial applications Division 4.3.5\nRule 4753\n(c) state briefly particulars of the grounds relied on that are\nsufficient for any other party to decide whether to call evidence\nto resolve the issues raised; and\n(d) state briefly any questions of law; and\n(e) be supported by an affidavit filed with the application stating—\n(i) any evidence necessary to establish the grounds of the\n(ii) any evidence that the applicant wants the court to receive.\n(3) A stamped copy of the application and any supporting affidavits must\nbe served on all other parties as soon as possible after the notice is\nfiled but at least 14 days before the date set for the trial to which the\n(4) This rule is subject to rule 4750 (2) (Supreme Court criminal\nproceedings—applications to set aside or stay proceedings).\n(5) If the trial date has been set, the trial date may be set as the return date\nfor the application and the application may be heard by the court\nimmediately before the trial starts.\n\nRule 4800\n","sortOrder":1132},{"sectionNumber":"4800","sectionType":"section","heading":"Definitions—pt 4.4","content":"4800 Definitions—pt 4.4\nforensic proceeding means a proceeding in relation to an application\nto carry out a forensic procedure under the Act or the Crimes Act.\nprescribed offender—see the Crimes Act, section 23WA.\nserious offender—\n(a) for an application under the Act—see the Act, section 9; and\n(b) for an application under the Crimes Act—see the Crimes Act,\nsection 23WA.\nthe Act means the Crimes (Forensic Procedures) Act 2000.\nthe Crimes Act means the Crimes Act 1914 (Cwlth).\n","sortOrder":1133},{"sectionNumber":"4801","sectionType":"section","heading":"Forensic proceedings—application of applied civil rules","content":"4801 Forensic proceedings—application of applied civil rules\n(1) The applied civil rules apply to a forensic proceeding as if—\n(a) a reference to a proceeding were a reference to a forensic\n(b) a reference to an active party were a reference to each party to\napplied civil rules means division 2.12.1 (Expert evidence generally).\n\nForensic proceedings under the Act, pt 2.5 and the Crimes Act, pt 1D,\ndiv 5\nDivision 4.4.2\nRule 4802\n","sortOrder":1134},{"sectionNumber":"4802","sectionType":"section","heading":"Forensic proceedings—application of applied criminal","content":"4802 Forensic proceedings—application of applied criminal\nrules\n(1) The applied criminal rules apply to a forensic proceeding as if—\n(a) a reference to a criminal proceeding were a reference to a\nforensic proceeding; and\n(b) a reference to an accused person were a reference to—\n(i) for division 4.4.2—a suspect; or\n(ii) for division 4.4.3—a serious offender or a prescribed\noffender.\napplied criminal rules means the following:\n(a) division 4.1.1A (Criminal proceedings—representation);\n(b) division 4.1.2 (Criminal proceedings—service);\n(c) rule 4053 (Criminal proceedings—inspection of registry files).\nDivision 4.4.2 Forensic proceedings under the Act,\npt 2.5 and the Crimes Act, pt 1D, div 5\n","sortOrder":1135},{"sectionNumber":"4803","sectionType":"section","heading":"Application—div 4.4.2","content":"4803 Application—div 4.4.2\nThis division applies to a forensic proceeding under—\n(a) the Act, part 2.5 (Forensic procedures on suspect by order of\nmagistrate); or\n(b) the Crimes Act, part 1D, division 5 (Forensic procedures on\nsuspect by order of a magistrate).\n\nDivision 4.4.3 Forensic proceedings under the Act, pt 2.7 and the Crimes Act, pt 1D,\nRule 4804\n","sortOrder":1136},{"sectionNumber":"4804","sectionType":"section","heading":"Forensic proceedings—filing of application","content":"4804 Forensic proceedings—filing of application\nAn application to carry out a forensic procedure must be filed in the\nNote Under the Act, pt 2.5, and the Crimes Act, pt 1D, div 5, an authorised\napplicant may apply to a magistrate for—\n(a) an order authorising the carrying out of a forensic procedure on a\nsuspect (see the Act, s 35 and the Crimes Act, s 23WU); or\n(b) an interim order authorising the immediate carrying out of a\nforensic procedure on a suspect (see the Act, s 42 and the Crimes\nAct, s 23XB).\n","sortOrder":1137},{"sectionNumber":"4805","sectionType":"section","heading":"Forensic proceedings—personal service","content":"4805 Forensic proceedings—personal service\nA sealed copy of the application must be served personally on the\nsuspect at least 7 days before the return date for the application.\nNote Return date, for an application, is defined in the dictionary.\nDivision 4.4.3 Forensic proceedings under the Act,\npt 2.7 and the Crimes Act, pt 1D,\n","sortOrder":1138},{"sectionNumber":"4806","sectionType":"section","heading":"Application—div 4.4.3","content":"4806 Application—div 4.4.3\nThis division applies to a forensic proceeding under—\n(a) the Act, part 2.7 (Carrying out of certain forensic procedures\nafter conviction of serious offenders); or\n(b) the Crimes Act, part 1D, division 6A (Carrying out of certain\nforensic procedures after conviction of serious and prescribed\noffenders).\n\nForensic proceedings under the Act, pt 2.7 and the Crimes Act, pt 1D,\nDivision 4.4.3\nRule 4807\n","sortOrder":1139},{"sectionNumber":"4807","sectionType":"section","heading":"Forensic proceedings—application and service","content":"4807 Forensic proceedings—application and service\n(1) If an application to carry out a forensic procedure on a serious\noffender or prescribed offender is made to the court that is sentencing\nthe offender—\n(a) notice of the application must be given to the offender at least 7\ndays before the sentencing; and\n(b) the application must be made orally at the sentencing.\n(2) If an application to carry out a forensic procedure on a serious\noffender or prescribed offender is made to a court after the sentencing\nof the offender—\n(a) the application must be filed with the court; and\n(b) a sealed copy of the application must be served personally on\nthe offender at least 7 days before the return date for the\nNote 1 Return date, for an application, is defined in the dictionary.\nNote 2 Under the Act, pt 2.7, a police officer may apply to any court for an order\nfor the carrying out of an intimate or non-intimate forensic procedure for\na serious offender in certain circumstances (see the Act s 77 (1) and (2)).\nThe application may be made to the court that is sentencing the serious\noffender or prescribed offender or to any other court at a later time (see\nthe Act, s 77 (3)).\nNote 3 Under the Crimes Act, pt 1D, div 6A, an authorised applicant may apply\nto any court for an order for the carrying out of an intimate or\nnon-intimate forensic procedure in certain circumstances (see the Crimes\nAct s 23XWO (1) and (2)). This application may be made to the court\nthat is sentencing a serious offender or prescribed offender or to any other\ncourt at a later time (see the Crimes Act, s 23XWO (5)).\n\nRule 4808\n","sortOrder":1140},{"sectionNumber":"4808","sectionType":"section","heading":"Forensic proceedings—application not served in time","content":"4808 Forensic proceedings—application not served in time\n(i) an application under rule 4804 is served on a suspect; or\n(ii) an application under rule 4807 is served on a serious\noffender or prescribed offender; but\n(b) the application is not served at least 7 days before the return date\nfor the application.\nNote Return date, for an application, is defined in the dictionary.\n(2) The court may only hear and decide the application on the return date\nif the court considers it just to hear and decide the application on that\ndate and—\n(a) the court is satisfied that the suspect, serious offender or\nprescribed offender will suffer no significant prejudice if it hears\nand decides the application on the return date; or\n(b) the suspect, serious offender or prescribed offender agrees to the\ncourt hearing and deciding the application on the return date.\n","sortOrder":1141},{"sectionNumber":"4809","sectionType":"section","heading":"Forensic proceedings—filing and service of supporting","content":"4809 Forensic proceedings—filing and service of supporting\naffidavit\n(1) For an application under rule 4804 or rule 4807, the supporting\naffidavit must be filed in the court and a stamped copy then served\nwith the application.\n(2) However, the court may give leave for an affidavit not served as\nrequired by subrule (1) to be relied on at the hearing.\n\nForensic proceedings—general Division 4.4.4\nRule 4810\n","sortOrder":1142},{"sectionNumber":"4810","sectionType":"section","heading":"Forensic proceedings—costs","content":"4810 Forensic proceedings—costs\n(1) This rule applies if an application under this part is unsuccessful.\n(2) The court may order that the applicant pay the suspect’s, serious\noffender’s or prescribed offender’s costs if there are special or\nexceptional circumstances that justify the order.\n\nPart 5.1 Appellate proceedings—preliminary\nRule 5000\nPart 5.1 Appellate proceedings—\n5000 Definitions—ch 5\nIn this chapter:\nconviction means, if a person has been found guilty at a trial on an\nindictment or pleaded guilty to an offence charged in an indictment—\n(a) a conviction recorded by the Supreme Court for the person; or\n(b) a finding of guilt recorded by the Supreme Court for the person.\nsentence means an order, decision or other sentence (however\ndescribed) imposed by the Supreme Court on a person—\n(a) after the person has been convicted or found guilty; or\n(b) after the person has pleaded guilty to an indictable offence under\nthe Magistrates Court Act 1930, section 90A (7) (Plea of guilty\nin committal proceedings).\nExamples of sentences\n1 a reparation order under the Crimes (Sentencing) Act 2005, section 19\n(Reparation orders—losses and expenses generally)\n2 a good behaviour order under the Crimes (Sentencing) Act 2005, section 13\n(Good behaviour orders)\n","sortOrder":1143},{"sectionNumber":"5001","sectionType":"section","heading":"Appellate proceedings—application of ch 2 generally","content":"5001 Appellate proceedings—application of ch 2 generally\n(1) Except as provided by this rule or another rule in this chapter,\nchapter 2 (Civil proceedings generally) does not apply to an appellate\n(2) The applied civil rules apply, with any necessary changes, to an\nappellate proceeding that is a civil proceeding.\n\nAppellate proceedings—preliminary Part 5.1\nRule 5001\napplied civil rules means the following:\n• rule 30 (Who may start and carry on a proceeding)\n• rule 72 (Originating process—solicitor’s statement about filing)\n• division 2.4.3 (Changing parties)\n• division 2.4.4 (Included or changed parties—future conduct of\n• division 2.4.9 (People with a legal disability)\n• part 2.9 (Preservation of rights and property)\n• part 2.10 (Offers of compromise)\n• part 2.16 (Judgment and other orders)\n• part 2.17 (Costs)\n• division 2.20.2 (Taking of accounts)\n• division 2.20.3 (Making of inquiries)\n• part 2.21 (Representation by solicitors)\n• part 2.22 (Miscellaneous—ch 2).\nNote Ch 6 has provisions applying to all proceedings (see r 6000\n(Application—ch 6)).\n\nRule 5002\n","sortOrder":1144},{"sectionNumber":"Part 5","sectionType":"part","heading":"1A Criminal appellate proceedings—","content":"Part 5.1A Criminal appellate proceedings—\n","sortOrder":1145},{"sectionNumber":"5002","sectionType":"section","heading":"Definitions—pt 5.1A","content":"5002 Definitions—pt 5.1A\ncriminal appellate proceeding means an appellate proceeding in\nrelation to an acquittal, conviction or sentence.\nrelevant party in a criminal appellate proceeding, means—\n(a) for a criminal appellate proceeding in relation to an acquittal—\nthe person who was acquitted; and\n(b) for a criminal appellate proceeding in relation to a conviction—\nthe person against whom the conviction was recorded; and\n(c) for a criminal appellate proceeding in relation to a sentence—\nthe person on whom the sentence was imposed.\n","sortOrder":1146},{"sectionNumber":"5003","sectionType":"section","heading":"Criminal appellate proceedings—notice of solicitor acting","content":"5003 Criminal appellate proceedings—notice of solicitor acting\n(1) If a solicitor is acting for a relevant party in a criminal appellate\nproceeding, the solicitor must, as soon as practicable, but not later\nthan 14 days after the day the solicitor begins acting—\n(a) file with the court a notice that the solicitor is acting for the\nrelevant party; and\n(b) serve a stamped copy of the notice on—\n(i) each other party to the proceeding; and\n(ii) any solicitor who was acting for the relevant party.\nNote See approved form 5.1A (Criminal appellate proceeding—notice of\nsolicitor acting) AF2025-10.\n(2) A notice under subrule (1) must include an address for service.\n\nRule 5003\n(3) If a solicitor acts for 2 or more relevant parties in the same criminal\nappellate proceeding, the solicitor may file a single notice under\nsubrule (1) that lists all the people the solicitor acts for in the\n(4) To remove any doubt, a relevant party may, at any stage of a criminal\nappellate proceeding and without an order being made by the court,\ninstruct another solicitor to act for them in place of the solicitor who\nis on the record for them in the proceeding.\n(5) If a solicitor files and serves a notice under subrule (1), the solicitor\nis taken to act for the relevant party until—\n(a) another solicitor—\n(i) files a notice under subrule (1) (a); and\n(ii) serves a stamped copy of the notice in accordance with\nsubrule (1) (b); or\n(b) the solicitor files a notice under rule 5004 and serves a stamped\ncopy of the notice in accordance with that rule; or\n(c) the solicitor is given leave to withdraw under rule 5005, and\ncomplies with rule 5005 (5); or\n(d) the court makes an order under rule 5006 that the solicitor’s\nname be removed from the record; or\n(e) the solicitor’s name is removed from the local roll under the\nLegal Profession Act 2006; or\n(f) a solicitor’s local practising certificate under the Legal\n\nRule 5004\n","sortOrder":1147},{"sectionNumber":"5004","sectionType":"section","heading":"Criminal appellate proceedings—solicitor’s instructions","content":"5004 Criminal appellate proceedings—solicitor’s instructions\nto act for relevant party ended\n(b) the solicitor’s instructions to act for the party are ended before—\n(i) for an application for leave to appeal under this chapter—\nthe application is decided; or\n(ii) for an appeal under this chapter—judgment is given in the\n(a) file a notice stating that the solicitor is no longer acting for the\nrelevant party; and\n(b) serve a stamped copy of the notice on each party to the\nproceeding (including the relevant party).\nNote See approved form 5.1B (Criminal appellate proceeding—notice of\nsolicitor no longer acting) AF2025-11.\n(3) The solicitor must file and serve the notice as soon as practicable, but\nnot later than 14 days after the day the solicitor’s instructions are\nended.\n","sortOrder":1148},{"sectionNumber":"5005","sectionType":"section","heading":"Criminal appellate proceedings—solicitor wants to","content":"5005 Criminal appellate proceedings—solicitor wants to\nwithdraw from acting for relevant party\n(b) the solicitor no longer wants to act for the relevant party in\nrelation to the proceeding.\n\nRule 5005\n(2) The solicitor may withdraw from acting for the relevant party only\n(3) The application must be made in writing and—\n(a) state the name of the solicitor making the application; and\n(b) state briefly the order sought.\n(4) A stamped copy of the application must be served on—\n(a) the relevant party—\n(ii) by registered letter addressed to the party’s last-known\n(b) each other party to the proceeding.\n(5) If the court gives the solicitor leave to withdraw, the solicitor must—\n(a) file a notice of withdrawal; and\nNote See approved form 5.1C (Criminal appellate proceeding—notice\nof withdrawal of solicitor) AF2025-12.\n(b) serve a stamped copy of the notice on the relevant party—\n(ii) by registered letter addressed to the party’s last-known\n(c) serve a stamped copy of the notice on each other party to the\n\nRule 5006\n","sortOrder":1149},{"sectionNumber":"5006","sectionType":"section","heading":"Criminal appellate proceedings—removal of solicitor by","content":"5006 Criminal appellate proceedings—removal of solicitor by\ncourt\n(b) the solicitor—\n(i) loses the capacity to act as the solicitor for the relevant\n(ii) cannot be found; and\n(c) the solicitor does not file a notice that they are no longer acting\nfor the relevant party; and\n(d) another solicitor does not file a notice of solicitor acting under\nrule 5003.\n(2) The relevant party may apply to the court for the removal of the\nsolicitor’s name from the record.\n","sortOrder":1150},{"sectionNumber":"5007","sectionType":"section","heading":"Criminal appellate proceedings—solicitor removed from","content":"5007 Criminal appellate proceedings—solicitor removed from\nroll etc\n(a) a solicitor’s name is removed from the local roll under the Legal\nProfession Act 2006; or\n(b) a solicitor’s local practising certificate under the Legal\n\nRule 5007\n(2) A copy of all processes and other documents to be served in a criminal\nappellate proceeding in which the solicitor is a solicitor on the record\nmust be served on—\n(a) if a receiver is appointed under the Legal Profession Act 2006\nfor the solicitor’s practice—the receiver; or\n(b) if a receiver is not appointed—the relevant party’s home or\nbusiness address until another solicitor is appointed.\n\nRule 5010\nNote Appeals to the Court of Appeal are dealt with in pt 5.4.\n","sortOrder":1151},{"sectionNumber":"5010","sectionType":"section","heading":"Definitions—pt 5.2","content":"5010 Definitions—pt 5.2\nappeal means an appeal to the court from a decision of—\n(a) for the Supreme Court—the registrar of the Supreme Court; and\n(b) for the Magistrates Court—the registrar of the Magistrates\ndecision means an order to which rule 6256 (Appeals from registrar’s\norders etc) applies.\nNote Order—see the dictionary (see also def made).\n","sortOrder":1152},{"sectionNumber":"5011","sectionType":"section","heading":"Application—pt 5.2","content":"5011 Application—pt 5.2\nThis part applies to an appeal to the court subject to any territory law\napplying to the appeal.\n","sortOrder":1153},{"sectionNumber":"5012","sectionType":"section","heading":"Appeals from registrar—starting appeal","content":"5012 Appeals from registrar—starting appeal\nAn appeal may be started in the court by filing a notice of appeal in\nNote See approved form 5.1 (Appeal from Registrar—notice of appeal)\nAF2017-183.\n","sortOrder":1154},{"sectionNumber":"5013","sectionType":"section","heading":"Appeals from registrar—requirements for notice of","content":"5013 Appeals from registrar—requirements for notice of\n(1) A notice of appeal to the court must state—\n(a) who made the decision appealed from; and\n(b) the decision and the date of the decision; and\n\nAppeals from registrar Part 5.2\nRule 5014\n(c) whether the appeal is from all or part of the decision; and\n(d) if the appeal is from part of the decision—the part appealed\nfrom; and\n(e) whether the appellant will seek to put further evidence before\n(f) the order sought.\n(2) The notice of appeal need not set out grounds of appeal.\n","sortOrder":1155},{"sectionNumber":"5014","sectionType":"section","heading":"Appeals from registrar—time for filing notice of appeal","content":"5014 Appeals from registrar—time for filing notice of appeal\n(1) A notice of appeal to the court from a decision of the registrar must\nbe filed in the court—\n(a) for an appeal from a decision of the registrar of the Supreme\nCourt, other than a decision mentioned in paragraph (c)—not\nlater than 5 days after the day the decision is made, or any further\ntime the Supreme Court allows; or\n(b) for an appeal from a decision of the registrar of the Magistrates\nCourt—not later than 5 days after the day the decision is made,\nor any further time the Magistrates Court allows; or\n(c) for an appeal from a decision of the registrar of the Supreme\nCourt made under schedule 6—not later than 28 days after the\nday the decision is made, direction given or act done, or any\nfurther time the Supreme Court allows.\nNote 1 Pt 6.2 (Applications in proceedings) applies to an application for further\nNote 2 An application for further time may be made before or after the time\nmentioned in r (1) (see Legislation Act, s 151C).\n(2) An application for further time must be accompanied by an affidavit\nshowing—\n(a) the nature of the case in summary form; and\n\nRule 5015\n(b) each question involved; and\n(c) the reasons why the extension of time should be given.\n","sortOrder":1156},{"sectionNumber":"5015","sectionType":"section","heading":"Appeals from registrar—notice of appeal to be sealed","content":"5015 Appeals from registrar—notice of appeal to be sealed\nThe registrar of the court in which an appeal is brought must seal a\nnotice of appeal and any filed copies of the notice.\n","sortOrder":1157},{"sectionNumber":"5016","sectionType":"section","heading":"Appeals from registrar—serving notice of appeal","content":"5016 Appeals from registrar—serving notice of appeal\n(1) The appellant must serve a sealed copy of a notice of appeal on each\nrespondent (if any) to the appeal not later than 3 days after the day\nthe notice is filed.\n(2) However, a notice of appeal from a decision refusing an application\nmade without notice need not be served unless the court otherwise\n(3) The court may order that the notice of appeal be served on anyone\nelse on application by a party to the appeal or on its own initiative.\n","sortOrder":1158},{"sectionNumber":"5017","sectionType":"section","heading":"Appeals from registrar—stay and reinstatement","content":"5017 Appeals from registrar—stay and reinstatement\n(1) An appeal to the court from a decision of the registrar in a civil\nproceeding does not operate as a stay of the decision appealed from\nunless a stay of the decision is ordered by the registrar or the court.\nor for an order under this rule.\n(2) An application for a stay of the decision may be made by a party to\nthe appeal.\n\nAppeals from registrar Part 5.2\nRule 5017\n(3) In an urgent case, the application may be made without serving it on\nanyone.\n(4) If the application is made without serving it on anyone, the\napplication must be accompanied by an affidavit setting out the\ngrounds relied on in support of the claim of urgency.\n(5) If the decision appealed from is stayed by the registrar or the court,\nthe registrar or the court may make any order that the registrar or the\ncourt considers necessary or desirable to give effect to the stay.\n(6) The court may, by order, amend or set aside an order for a stay\n(including an order made by the registrar).\n(7) An application for an order of the court under subrule (1) may be\nmade whether or not a similar application has been made to the\n(8) If any step has been taken for the enforcement of a decision and the\ncourt amends or sets aside the decision on appeal under this part, the\ncourt may make the orders for reinstatement it considers appropriate.\n\nRule 5050\nNote to pt 5.3\nFor appeals to Court of Appeal, see pt 5.4, for orders to review Magistrates Court\ndecisions, see pt 5.5 and for reference appeals, see pt 5.6.\n","sortOrder":1159},{"sectionNumber":"Div 5","sectionType":"division","heading":"3.1 Appeals to Supreme Court—","content":"Division 5.3.1 Appeals to Supreme Court—\n","sortOrder":1160},{"sectionNumber":"5050","sectionType":"section","heading":"Definitions—pt 5.3","content":"5050 Definitions—pt 5.3\nappeal means an appeal to the Supreme Court from an order of a court\nor tribunal, but does not include—\n(a) an appeal to the Court of Appeal; or\nNote See pt 5.4 (Appeals to Court of Appeal).\n(b) an order to review a decision of the Magistrates Court mentioned\nin the Magistrates Court Act 1930, section 219B (Appeals by\nway of orders to review); or\nNote See pt 5.5 (Orders to review Magistrates Court decisions).\n(c) a reference appeal to the Supreme Court mentioned in the\nMagistrates Court Act 1930, section 219AB (2) (Reference\nappeal following acquittal on indictment); or\nNote See div 5.6.1 (Reference appeals—Supreme Court).\n(d) a question referred to the Supreme Court to which division 5.7.1\n(Questions referred—Supreme Court) applies.\ncourt or tribunal means a court or tribunal from which an appeal may\nbe made to the Supreme Court, but does not include the registrar.\norder, of a court or tribunal, includes a decision, conviction, order,\nsentence or penalty mentioned in the Magistrates Court Act 1930,\nsection 208 (Appeals to which div 3.10.2 applies).\nNote Order is defined in the dictionary (see also def made).\n\nRule 5051\nregistrar, of a court or tribunal, means—\n(a) for the Magistrates Court—the registrar of the Magistrates\nCourt; or\n(b) for a tribunal—the registrar or a deputy registrar of the tribunal\nor, if there is no registrar of the tribunal, the person in charge of\nthe tribunal’s administration.\nrelevant law, in relation to an appeal, means the law under which the\nappeal is brought.\ntribunal includes any entity (other than a court) from which an appeal\nmay be made to the Supreme Court.\n","sortOrder":1161},{"sectionNumber":"5051","sectionType":"section","heading":"Application—pt 5.3","content":"5051 Application—pt 5.3\n(1) This part applies to an appeal to the Supreme Court from an order of\na court or tribunal.\n(2) This part applies subject to any territory law applying to the appeal.\nNote 2 Appeals may be made from the courts and tribunals mentioned in\ntable 5051 to the Supreme Court.\nNote 3 Certain jurisdiction of the Supreme Court under the Legal Profession Act\n2006 must be exercised by a Full Court (see Supreme Court Act 1933, s\n11).\nTable 5051 Courts and tribunals that may be appealed from\nitem\ncourt or\nSupreme Court for\nlaw appealed under\n1 ACT civil and\nadministrative\njudge ACT Civil and Administrative\nTribunal Act 2008, s 83 (for\nappeals only) and s 86\nMental Health (Treatment and\nCare) Act 1994, s 141\n\nRule 5052\nitem\ncourt or\nSupreme Court for\nlaw appealed under\n2 adjudicator judge Building and Construction\nIndustry (Security of Payment)\nAct 2009, s 43\n3 admissions board Full Court or judge Legal Profession Act 2006, s 25\n4 relevant council Full Court Legal Profession Act 2006, s 81\n5 law society\ncouncil or\nrelevant council\njudge Legal Profession Act 2006, s 207,\ns 239 (4), s 249 (5), s 514 and\ns 589 (4)\n6 Magistrates\njudge Domestic Violence and Protection\nOrders Act 2008 (repealed), s 97\nFamily Violence Act 2016, s 93\nHealth Records (Privacy and\nAccess) Act 1997, s 32 (1)\nLeases (Commercial and Retail)\nAct 2001, s 155\nMagistrates Court Act 1930, s 274\nPersonal Violence Act 2016, s 85\n7 Magistrates\njudge Magistrates Court Act 1930,\ns 207 (1) (a)\n","sortOrder":1162},{"sectionNumber":"5052","sectionType":"section","heading":"Appeals to Supreme Court—general powers","content":"5052 Appeals to Supreme Court—general powers\n(1) For an appeal to the Supreme Court, the court—\n(a) has all the powers and duties of the court or tribunal that made\nthe order appealed from; and\n(b) may draw inferences of fact; and\n(c) may, on special grounds, receive further evidence about\nquestions of fact, either orally in court, by affidavit or in another\nway; and\n\nRule 5053\n(d) may make any of the following orders:\n(i) an order confirming, amending or setting aside the order of\nthe court or tribunal appealed from;\n(ii) an order remitting the case to be heard and decided again,\neither with or without the hearing of further evidence, by\nthe court or tribunal in accordance with any direction the\ncourt considers appropriate; and\n(e) may make any other order that it considers appropriate.\n(2) If the Supreme Court orders that it will receive further evidence, and\nthe evidence is to be given by an expert witness, the following rules\napply, with necessary changes, to the appeal:\n• division 2.12.2 (Multiple expert witnesses for same issue)\n• rule 1242 (Supplementary expert reports)\n• rule 1243 (Expert evidence to be covered by expert report)\n• rule 1244 (Expert reports admissible as evidence of opinion etc)\n• rule 1245 (Requiring attendance of expert for cross-examination\netc)\n• rule 1246 (Tender of expert report).\n(3) Subrule (1) (c) is subject to rule 5193 (Further evidence on appeal to\nSupreme Court—Magistrates Court Act 1930, s 214).\n","sortOrder":1163},{"sectionNumber":"5053","sectionType":"section","heading":"Appeals to Supreme Court—non-publication order","content":"5053 Appeals to Supreme Court—non-publication order\n(a) the court or tribunal appealed from made an order prohibiting\nthe publication of a party’s name (the non-publication order);\nand\n(b) the non-publication order has not been discharged by the court\nor tribunal or by the Supreme Court.\n\nRule 5054\n(2) For the appeal, the non-publication order remains in force as if it were\nan order of the Supreme Court, subject to any order of the Supreme\nparty means a party to the proceeding in which the order appealed\nfrom was made.\n","sortOrder":1164},{"sectionNumber":"5054","sectionType":"section","heading":"Appeals to Supreme Court—stay and reinstatement","content":"5054 Appeals to Supreme Court—stay and reinstatement\n(1) An appeal to the Supreme Court in a civil proceeding does not operate\nas a stay of the order of the court or tribunal appealed from unless—\n(a) the relevant law or these rules otherwise provide; or\n(i) the court or tribunal, under another territory law, orders a\nstay of the order; or\n(ii) the Supreme Court orders a stay of the order on application\nby a party to the appeal.\nor an order under this rule.\n(2) In an urgent case, an application to the Supreme Court for a stay may\nbe made without serving it on anyone.\n(3) If the application to the Supreme Court for a stay is made without\nserving it on anyone, the application must be accompanied by an\naffidavit setting out the grounds relied on in support of the claim of\nurgency.\n\nRule 5054\n(4) If the order appealed from is stayed by the Supreme Court, the court\nmay make any order that it considers necessary or desirable to give\neffect to the stay.\n1 If the order appealed from is the cancellation or suspension of a licence\n(however described), the Supreme Court may order that the cancellation or\nsuspension not have effect until the appeal is decided.\n2 If the order appealed from is the refusal to issue a licence (however described),\nthe Supreme Court may order that the licence be issued pending the deciding\nof the appeal.\n(5) If an appeal mentioned in the Magistrates Court Act 1930,\nsection 207 (1) (a) (Jurisdiction of Supreme Court) has been properly\nstarted—\n(a) the enforcement of the order appealed from is stayed until the\nappeal ends, is abandoned or discontinued; and\n(b) if the appellant is in custody and is not detained for any other\nreason, the appellant—\n(i) may be granted bail under the Bail Act 1992; or\n(ii) may be remanded in custody on the order of the Supreme\nCourt or Magistrates Court.\n(6) The Supreme Court may, by order, amend or set aside—\n(a) an order of the court or tribunal staying the order of the court or\ntribunal appealed from; or\n(b) an order made by it under this rule.\n(7) An application for an order of the Supreme Court for a stay may be\nmade whether or not a similar application has been made to the court\nor tribunal.\n\nRule 5055\n(8) If any step has been taken for the enforcement of an order and the\nSupreme Court amends or sets aside the order on appeal under this\npart, the court may make the orders for reinstatement it considers\n","sortOrder":1165},{"sectionNumber":"5055","sectionType":"section","heading":"Appeals to Supreme Court—security for costs","content":"5055 Appeals to Supreme Court—security for costs\n(1) Security for costs of an appeal is not required, unless the Supreme\nCourt otherwise orders.\n(2) This rule does not limit division 2.17.8 (Security for costs).\nDivision 5.3.2 Appeals to Supreme Court—leave to\n","sortOrder":1166},{"sectionNumber":"5070","sectionType":"section","heading":"Application—div 5.3.2","content":"5070 Application—div 5.3.2\n(1) This division applies if—\n(a) a person wants to appeal to the Supreme Court from an order of\na court or tribunal; and\n(b) the relevant law requires the Supreme Court’s leave to appeal.\n(2) The person must make an application for leave to appeal under this\nNote Leave to appeal is required for orders of the following courts and\ntribunals:\n• the ACAT (for applications to appeal mentioned in the ACT Civil\nand Administrative Tribunal Act 2008, s 86 (Appeals to Supreme\nCourt))\n• the Magistrates Court (for appeals mentioned in the Magistrates\nCourt Act 1930, s 274 (1) (Cases in which appeal may be brought)).\n\nAppeals to Supreme Court—leave to appeal Division 5.3.2\nRule 5071\n","sortOrder":1167},{"sectionNumber":"5071","sectionType":"section","heading":"Appeals to Supreme Court—application for leave to","content":"5071 Appeals to Supreme Court—application for leave to\n(1) The application for leave to appeal must comply with this division.\nNote 1 See approved form 5.2 (Supreme Court—application for leave to appeal)\nAF2006-386.\nNote 2 The application must be in accordance with pt 6.2 (Applications in\n(3) If the applicant is also applying for leave to appeal out of time under\ndivision 5.3.3 (Appeals to Supreme Court—leave to appeal out of\ntime), the application for leave to appeal under this division and for\nleave to appeal out of time under division 5.3.3 may be made in a\nsingle application (supported by a single affidavit).\n\nRule 5072\n","sortOrder":1168},{"sectionNumber":"5072","sectionType":"section","heading":"Appeals to Supreme Court—time for filing application for","content":"5072 Appeals to Supreme Court—time for filing application for\nThe applicant for leave to appeal must file the application for leave to\nappeal, accompanying affidavit, and draft notice of appeal, in the\nSupreme Court not later than 28 days after the day the order appealed\nfrom is made, or not later than any further time allowed by the court.\nNote 1 See r 5103 (Appeals to Supreme Court—time for filing notice of appeal).\ntime to apply for leave to appeal.\nNote 3 An application for further time may be made before or after the time\nmentioned in this rule (see Legislation Act, s 151C).\n","sortOrder":1169},{"sectionNumber":"5073","sectionType":"section","heading":"Appeals to Supreme Court—application for leave to","content":"5073 Appeals to Supreme Court—application for leave to\nappeal to be sealed\nThe registrar of the Supreme Court must seal an application for leave\nto appeal and any filed copies of the application.\nNote The registrar may reject an application for leave to appeal that is filed\n(see r 6140 (Rejecting documents—noncompliance with rules etc) and\nr 6142 (Rejecting documents—abuse of process etc)).\n","sortOrder":1170},{"sectionNumber":"5074","sectionType":"section","heading":"Appeals to Supreme Court—serving application for leave","content":"5074 Appeals to Supreme Court—serving application for leave\nto appeal\n(1) The applicant for leave to appeal must, not later than 3 days after the\nday the application is filed, serve the following on each person who\nwas a party to, or given leave to intervene in, the proceeding in which\nthe order appealed from was made (the original proceeding):\n\nAppeals to Supreme Court—leave to appeal Division 5.3.2\nRule 5075\n(b) if the person filed a notice of intention to respond or defence\nfor service (however described)—on the person at the person’s\naddress for service (however described) in the original\n(3) Part 6.8 (Service) applies to this rule as if a reference to an address\n","sortOrder":1171},{"sectionNumber":"5075","sectionType":"section","heading":"Appeals to Supreme Court—notice of intention to","content":"5075 Appeals to Supreme Court—notice of intention to\nrespond to application for leave to appeal\n(1) A respondent to the application for leave to appeal must file in the\nSupreme Court a notice of intention to respond in accordance with\n\nRule 5076\n(2) To remove any doubt, if the application for leave to appeal is a single\napplication mentioned in rule 5071 (3) (Appeals to Supreme Court—\napplication for leave to appeal), the respondent need only file a single\nnotice of intention to respond.\n","sortOrder":1172},{"sectionNumber":"5076","sectionType":"section","heading":"Appeals to Supreme Court—time for filing etc","content":"5076 Appeals to Supreme Court—time for filing etc\nrespondent’s affidavits for leave to appeal\nIf a respondent to the application for leave to appeal wants to present\nevidence, the respondent must file, and serve a stamped copy of, the\nrespondent’s affidavits not later than 14 days after the day the\napplication is served on the respondent.\nthe extending or shortening of time by the court.\nDivision 5.3.3 Appeals to Supreme Court—leave to\n","sortOrder":1173},{"sectionNumber":"5080","sectionType":"section","heading":"Meaning of out of time—div 5.3.3","content":"5080 Meaning of out of time—div 5.3.3\nout of time, for an appeal from an order of a court or tribunal, means\nlater than the time provided under the relevant law or this part within\nwhich the appeal must be started (disregarding any further time\nallowed by the Supreme Court for starting the appeal).\n","sortOrder":1174},{"sectionNumber":"5081","sectionType":"section","heading":"Application—div 5.3.3","content":"5081 Application—div 5.3.3\n(1) This division applies if a person wants to appeal out of time to the\nSupreme Court from an order of a court or tribunal.\n(2) The person must make an application for leave to appeal out of time\nunder this division.\n\nAppeals to Supreme Court—leave to appeal out of time Division 5.3.3\nRule 5082\n","sortOrder":1175},{"sectionNumber":"5082","sectionType":"section","heading":"Appeals to Supreme Court—application for leave to","content":"5082 Appeals to Supreme Court—application for leave to\n(1) The application for leave to appeal out of time must comply with this\nNote 1 See approved form 5.3 (Supreme Court—application for leave to appeal\nout of time) AF2006-387.\nNote 2 The application must be in accordance with pt 6.2 (Applications in\n(3) If the applicant is also applying for leave to appeal under\ndivision 5.3.2 (Appeals to Supreme Court—leave to appeal), the\napplication for leave to appeal out of time under this division and for\nleave to appeal under division 5.3.2 may be made in a single\napplication (supported by a single affidavit).\n","sortOrder":1176},{"sectionNumber":"5083","sectionType":"section","heading":"Appeals to Supreme Court—filing application for leave to","content":"5083 Appeals to Supreme Court—filing application for leave to\nThe applicant for leave to appeal out of time must file the application\nfor leave to appeal out of time, accompanying affidavit, and draft\nnotice of appeal, in the Supreme Court.\nNote For when the application for leave to appeal out of time must be filed, see\nr 5103 (d) (Appeals to Supreme Court—time for filing notice of appeal).\n\nRule 5084\n","sortOrder":1177},{"sectionNumber":"5084","sectionType":"section","heading":"Appeals to Supreme Court—application for leave to","content":"5084 Appeals to Supreme Court—application for leave to\nappeal out of time to be sealed\nThe registrar of the Supreme Court must seal an application for leave\nto appeal out of time and any filed copies of the application.\nNote The registrar may reject an application for leave to appeal out of time that\nand r 6142 (Rejecting documents—abuse of process etc).\n","sortOrder":1178},{"sectionNumber":"5085","sectionType":"section","heading":"Appeals to Supreme Court—serving application for leave","content":"5085 Appeals to Supreme Court—serving application for leave\nto appeal out of time\n(1) The applicant for leave to appeal out of time must, not later than\n3 days after the day the application is filed, serve the following on\neach person who was a party to, or given leave to intervene in, the\nproceeding in which the order appealed from was made (the original\nproceeding):\n(b) if the person filed a notice of intention to respond or defence\nfor service (however described)—on the person at the person’s\naddress for service (however described) in the original\n\nAppeals to Supreme Court—leave to appeal out of time Division 5.3.3\nRule 5086\n(3) Part 6.8 (Service) applies to this rule as if a reference to an address\n","sortOrder":1179},{"sectionNumber":"5086","sectionType":"section","heading":"Appeals to Supreme Court—notice of intention to","content":"5086 Appeals to Supreme Court—notice of intention to\nrespond to application for leave to appeal out of time\n(1) A respondent to the application for leave to appeal out of time must\nfile in the Supreme Court a notice of intention to respond in\naccordance with division 2.3.1 (Notice of intention to respond and\ndefence—general) as if—\n(2) To remove any doubt, if the application for leave to appeal is a single\napplication mentioned in rule 5082 (3) (Appeals to Supreme Court—\napplication for leave to appeal out of time), the respondent need only\nfile a single notice of intention to respond.\n","sortOrder":1180},{"sectionNumber":"5087","sectionType":"section","heading":"Appeals to Supreme Court—time for filing etc","content":"5087 Appeals to Supreme Court—time for filing etc\nrespondent’s affidavits for leave to appeal out of time\nIf a respondent to the application for leave to appeal out of time wants\nto present evidence, the respondent must file, and serve a stamped\ncopy of, the respondent’s affidavits not later than 14 days after the\nday the application is served on the respondent.\nthe extending or shortening of time by the court.\n\nRule 5100\nDivision 5.3.4 Appeals to Supreme Court—\nprocedure generally\n","sortOrder":1181},{"sectionNumber":"5100","sectionType":"section","heading":"Appeals to Supreme Court—starting appeal","content":"5100 Appeals to Supreme Court—starting appeal\nAn appeal may be started in the Supreme Court by filing a notice of\nappeal in the Supreme Court.\nNote See approved form 5.4 (Supreme Court—notice of appeal) AF2006-388.\n","sortOrder":1182},{"sectionNumber":"5101","sectionType":"section","heading":"Appeals to Supreme Court—requirements for notice of","content":"5101 Appeals to Supreme Court—requirements for notice of\nappeal etc\n(1) The notice of appeal to the Supreme Court must state—\n(a) the court or tribunal’s name; and\n(b) the order of the court or tribunal appealed from and the date of\nthe order; and\n(c) whether the appeal is from all or part of the order; and\n(d) if the appeal is from part of the order—the part appealed from;\nand\n(e) whether the appellant will seek to put further evidence before\n(f) if further evidence is to be put before the court—briefly the\nnature of the evidence and what is sought to be proved; and\n(g) briefly, but specifically, the grounds relied on in support of the\nclaimed that there is an error of law in the order of the court or\ntribunal; and\n(h) the order sought.\n\nRule 5101\n(2) If the appeal is brought by leave of the Supreme Court—\n(a) the notice of appeal must state—\n(i) that the appeal is brought by leave; and\n(ii) the date of the court order giving leave; and\n(b) a sealed copy of the order giving leave to appeal must\naccompany the notice of appeal and every copy of the notice of\nappeal served under rule 5107 (Appeals to Supreme Court—\nserving notice of appeal).\n(3) If the appellant wants to present the appellant’s case in writing under\npart 5.8 (Written cases), the notice of appeal must state that the\nappellant wants to do so.\n(4) If there is a respondent to the appeal, the notice of appeal must include\nan instruction that before taking any other step in the proceeding the\nrespondent must file in the Supreme Court a notice of intention to\nrespond (unless the respondent filed a notice of intention to respond\nto an application for leave to appeal, or for leave to appeal out of time,\nin the proceeding, and the information provided in the notice has not\nchanged).\n(5) On the hearing of the appeal, the appellant must not, without the\nSupreme Court’s leave—\n(a) raise any question that is not stated in the notice of appeal; or\n(b) rely on any ground in support of the judgment sought that is not\nstated in the notice of appeal.\n\nRule 5102\n","sortOrder":1183},{"sectionNumber":"5102","sectionType":"section","heading":"Appeals to Supreme Court—parties to appeal","content":"5102 Appeals to Supreme Court—parties to appeal\n(1) A person must be included as a respondent to the appeal if the\n(a) appeared or was given leave to appear before the court or\ntribunal in the proceeding in which the order appealed from was\nmade (the original proceeding); and\n(b) would be directly affected by the order sought by the notice of\nappeal, or is interested in maintaining the order appealed from.\n(2) If the order appealed from is an order of a tribunal other than the\nACAT, the tribunal must be included as a respondent to the appeal.\n(3) If an unincorporated organisation or association appeared or was\ngiven leave to appear before the court or tribunal in the original\n(a) a reference in subrule (1) to a person is a reference to someone\nacting (other than as a legal practitioner) for the organisation or\nassociation; and\n(b) subrule (1) (b) is taken to require that the interests of the\norganisation or association, found out from its objects or\npurposes, would be directly affected by the order sought by the\nnotice of appeal or by the maintenance of the order appealed\n(4) The Supreme Court may order that—\n(a) a person (whether or not a party to the original proceeding) be\nincluded or removed as a party to the appeal; or\n(b) a person directly affected by the appeal be included or\nsubstituted as a party.\n\nRule 5103\n(5) However, a person may be made an appellant only with the person’s\n(6) If the Supreme Court orders the inclusion or substitution of someone\nas a party to the appeal, it may adjourn the hearing of the appeal and\nmake any order it considers appropriate about the conduct of the\n","sortOrder":1184},{"sectionNumber":"5103","sectionType":"section","heading":"Appeals to Supreme Court—time for filing notice of","content":"5103 Appeals to Supreme Court—time for filing notice of\nThe notice of appeal must be filed in the Supreme Court—\n(a) not later than the time provided by the relevant law; or\n(b) not later than any further time the Supreme Court allows; or\n(c) if no time is provided by the relevant law and leave to appeal\nhas been given—\n(i) not later than 7 days after the day leave to appeal is given,\nor not later than any further time allowed by the Supreme\nCourt on application filed in the court before the end of the\n7-day period; or\n(ii) if the Supreme Court sets a time for the filing when giving\nleave to appeal—not later than the time set, or not later than\nany further time allowed by the Supreme Court on\napplication filed in the court before the end of the time set;\nor\n\nRule 5104\n(d) if no time is provided by the relevant law and leave to appeal\nunder division 5.3.2 (Appeals to Supreme Court—leave to\nappeal) is not necessary—not later than 28 days after the day the\norder appealed from was made, or not later than any further time\nthe Supreme Court allows on application filed in the court before\nthe end of the 28-day period.\nNote Div 5.3.3 (Appeals to Supreme Court—leave to appeal out of time)\napplies to an application for further time.\n","sortOrder":1185},{"sectionNumber":"5104","sectionType":"section","heading":"Appeals to Supreme Court—notice of appeal to be sealed","content":"5104 Appeals to Supreme Court—notice of appeal to be sealed\nThe registrar of the Supreme Court must seal a notice of appeal and\nany filed copies of the notice.\n","sortOrder":1186},{"sectionNumber":"5105","sectionType":"section","heading":"Appeals to Supreme Court—numbering etc of appeals","content":"5105 Appeals to Supreme Court—numbering etc of appeals\n(1) When the notice of appeal is sealed, the registrar of the Supreme\nCourt must give a distinguishing number or other unique identifier to\nthe appeal started by the notice.\n(2) The registrar must ensure that the notice of appeal and each copy\nsealed under rule 5104 is endorsed with—\nappeal; and\n(b) the date when the notice was filed in the court.\n","sortOrder":1187},{"sectionNumber":"5106","sectionType":"section","heading":"Appeals to Supreme Court—date for settlement of appeal","content":"5106 Appeals to Supreme Court—date for settlement of appeal\nThe registrar of the Supreme Court must set a date for settlement of\nthe appeal papers by writing the date on the notice of appeal.\n\nRule 5107\n","sortOrder":1188},{"sectionNumber":"5107","sectionType":"section","heading":"Appeals to Supreme Court—serving notice of appeal","content":"5107 Appeals to Supreme Court—serving notice of appeal\n(1) The appellant must serve a sealed copy of the notice of appeal on each\n(2) The notice of appeal must be served—\n(b) if a respondent filed a notice of intention to respond or defence\nfor service (however described)—on the respondent at the\nrespondent’s address for service (however described) in the\nproceeding in which the order appealed from was made; or\n(c) for an appeal mentioned in the Magistrates Court Act 1930,\nsection 208 (1), other than section 208 (1) (a)—on the\ninformant; or\n(d) for an appeal mentioned in the Magistrates Court Act 1930,\nsection 208 (1) (a)—on each person mentioned in the paragraph.\n(3) The appellant must also serve a sealed copy of the notice of appeal on\nthe registrar of the court or tribunal.\n(4) On application by a party to the appeal or on its own initiative, the\nSupreme Court may order the appellant to serve the notice of appeal\non anyone else.\n\nRule 5108\n(5) The appellant must serve the notice of appeal under subrule (1) not\nlater than 7 days after the day the notice is filed, but no later than\n5 days before the day for settling the appeal papers, unless the\nSupreme Court otherwise orders.\n(6) If the Supreme Court makes an order under subrule (5), the registrar\nof the Supreme Court must make a note of the order on the notice of\n(7) Part 6.8 (Service) applies to this rule as if a reference to an address\n","sortOrder":1189},{"sectionNumber":"5108","sectionType":"section","heading":"Appeals to Supreme Court—notice of intention to","content":"5108 Appeals to Supreme Court—notice of intention to\nrespond\n(1) A respondent to the appeal must file in the court a notice of intention\nto respond in accordance with division 2.3.1 (Notice of intention to\n(a) the notice of appeal were an originating claim; and\n(2) However, this rule does not apply to a respondent if the respondent\nfiled a notice of intention to respond under rule 5075 (Appeals to\nSupreme Court—notice of intention to respond to application for\nleave to appeal), rule 5086 (Appeals to Supreme Court—notice of\nintention to respond to application for leave to appeal out of time) or\nrule 5092 (Referral of appeal—notice of intention to respond to\napplication for leave to appeal) in the proceeding, and the information\nprovided in the notice has not changed.\n\nRule 5109\n","sortOrder":1190},{"sectionNumber":"5109","sectionType":"section","heading":"Appeals to Supreme Court—respondent taken to be","content":"5109 Appeals to Supreme Court—respondent taken to be\nserved by filing notice of intention to respond\n(1) This rule applies to a respondent to the appeal if—\n(a) the respondent is represented by a solicitor; and\n(b) the respondent has not been served with the notice of appeal for\nthe appeal, but files a notice of intention to respond (other than\na conditional notice of intention to respond).\n(2) The respondent is taken to have been served with the notice of appeal\non the day the respondent files the notice of intention to respond.\n","sortOrder":1191},{"sectionNumber":"5110","sectionType":"section","heading":"Appeals to Supreme Court—documents","content":"5110 Appeals to Supreme Court—documents\n(1) Not later than 14 days after the day the notice of appeal is served on\nthe registrar of the court or tribunal appealed from, the registrar of the\ncourt or tribunal must—\n(a) give the registrar of the Supreme Court and serve on each\nappellant—\n(i) a copy of the order appealed from; and\n(ii) if the court or tribunal gave written reasons for its order—\na copy of the reasons, certified by the registrar of the court\nor tribunal; and\n(iii) if there is no transcript of the proceeding in which the order\nappealed from was made—a copy of the notes (if any) of\nthe proceeding, certified by the registrar of the court or\ntribunal; and\n(iv) a list of the documents and any other exhibits that were\nbefore the court or tribunal, certified by the registrar of the\ncourt or tribunal; and\n(b) give the registrar of the Supreme Court all documents and\nexhibits that were before the court or tribunal in relation to the\nproceeding in which the order appealed from was made.\n\nRule 5110\n(2) Not later than 14 days after the day the notice of appeal is filed in the\nSupreme Court, the appellant must, if there is a transcript of the\nproceeding in the court or tribunal, file in the Supreme Court a copy\nof the transcript of—\n(a) the evidence in the proceeding in the court or tribunal; and\n(b) the decision made by the court or tribunal.\n(3) If the appeal is from an order of the ACAT, the list mentioned in\nsubrule (1) (a) (iv) must—\n(a) state any documents that were the subject of an order under the\nACT Civil and Administrative Tribunal Act 2008, section 39 (2)\n(Hearings in private or partly in private); and\n(b) state any documents for which a certificate of the Minister is in\nforce under that Act, section 22E (Certain material not required\nto be disclosed); and\n(c) state any documents for which a certificate is in force under that\nAct, section 22I (Non-disclosure certificates) and whether an\norder was made by the tribunal under that Act, section 22J\n(Dealing with non-disclosable matters—tribunal) in relation to\nthe document.\n(4) If the appeal is from an order of the ACAT and the ACAT has not\ngiven written reasons for the order, the appellant must—\n(a) ask the ACAT for a written statement of reasons for the order;\nand\n(b) file a copy of the statement in the Supreme Court, not later than\n14 days after the day the appellant receives the statement.\n\nRule 5111\n","sortOrder":1192},{"sectionNumber":"5111","sectionType":"section","heading":"Appeals to Supreme Court—amending notice of appeal","content":"5111 Appeals to Supreme Court—amending notice of appeal\n(1) Before the appeal papers are settled, the appellant may amend the\nnotice of appeal without the Supreme Court’s leave.\n(2) After the appeal papers are settled, the appellant may amend the\nnotice of appeal only with the Supreme Court’s leave.\n(3) The provisions of part 2.7 (Amendment) mentioned in subrule (4)\napply to an amendment of the notice of appeal as if—\n(a) the notice of appeal were a pleading; and\n(4) The provisions of part 2.7 applying to an amendment of the notice of\nappeal are the following:\n• rule 502 (Amendment—of documents)\n• rule 508 (Amendment—when leave to amend ceases to have\neffect)\n• rule 509 (Amendment—procedure)\n• rule 510 (Amendment—person required to make)\n• rule 511 (Amendment—service of amended or revised document\netc)\n• for an appeal in a civil proceeding—rule 513 (Amendment—\ncosts).\n\nRule 5112\n","sortOrder":1193},{"sectionNumber":"5112","sectionType":"section","heading":"Appeals to Supreme Court—cross-appeal","content":"5112 Appeals to Supreme Court—cross-appeal\n(1) If a respondent wants to appeal from all or part of the order appealed\nfrom, or wants an amendment of the order, the respondent need not\nstart a substantive appeal.\n(a) file a notice of cross-appeal in the Supreme Court not later than\n28 days after the day the notice of appeal is served on the\nrespondent, or not later than any further time allowed by the\n(b) serve a sealed copy of the notice of cross-appeal, not later than\n7 days after the day the notice of cross-appeal is filed, but no\nlater than 5 days before the day for settling the appeal papers,\nunless the Supreme Court otherwise orders, on the following:\nappealed from was made (the original proceeding) who\nwould be directly affected by the order that the respondent\nseeks.\nNote 1 See approved form 5.5 (Supreme Court—notice of cross-appeal)\nAF2006-389.\nNote 3 For the use of a notice of contention instead of a notice of cross-appeal,\nsee r 5115.\n(3) If a party mentioned in subrule (2) (b) (ii) filed a notice of intention\nto respond or defence (however described) in the court or tribunal that\nmade the order appealed from, or otherwise gave the court or tribunal\nan address for service (however described), the notice of cross-appeal\nmay be served on the party at the party’s address for service (however\ndescribed) in the original proceeding.\n\nRule 5112\n(4) Part 6.8 (Service) applies to this rule as if a reference to an address\nsubrule (3).\n(5) The notice of cross-appeal must state—\n(a) whether the appeal is from all or part of the order or seeks an\namendment of the order; and\n(b) if the appeal is from part of the order or seeks an amendment of\nthe order—the part the respondent cross-appeals from; and\n(i) the order that the respondent seeks instead of the order\ncross-appealed; or\n(ii) the amendment of the order that the respondent seeks; and\n(d) whether the respondent will seek to put further evidence before\nthe Supreme Court; and\n(e) if further evidence is to be put before the Supreme Court—\nbriefly the nature of the evidence and what is sought to be\nproved; and\ncontended that there is an error of law in the order appealed\n(6) On the hearing of a cross-appeal, the respondent bringing the\ncross-appeal must not, without the Supreme Court’s leave—\n(a) raise any question that is not stated in the notice of cross-appeal;\nor\n\nRule 5113\ncross-appeal; or\nnotice of cross-appeal.\n","sortOrder":1194},{"sectionNumber":"5113","sectionType":"section","heading":"Appeals to Supreme Court—application of certain rules","content":"5113 Appeals to Supreme Court—application of certain rules\nto cross-appeals\n(1) The provisions mentioned in subrule (2) apply to a cross-appeal as\nif—\n(a) a reference to an appeal were a reference to a cross-appeal; and\n(b) a reference to the appellant were a reference to the respondent\nbringing the cross-appeal; and\n(c) a reference to the respondent were a reference to the appellant\n(or an appellant) on whom the cross-appeal is served; and\n(2) The provisions applying to a cross-appeal are as follows:\n• rule 5054 (Appeals to Supreme Court—stay and reinstatement)\n• rule 5055 (Appeals to Supreme Court—security for costs)\n• rule 5102 (Appeals to Supreme Court—parties to appeal)\n• rule 5104 (Appeals to Supreme Court—notice of appeal to be\n• rule 5107 (2) to (5) (Appeals to Supreme Court—serving notice\n• rule 5111 (Appeals to Supreme Court—amending notice of\n• division 5.3.6 (Appeals to Supreme Court—ending all or part of\n\nRule 5114\n","sortOrder":1195},{"sectionNumber":"5114","sectionType":"section","heading":"Appeals to Supreme Court—effect of failure to give notice","content":"5114 Appeals to Supreme Court—effect of failure to give notice\nof cross-appeal\nA failure to give a notice of cross-appeal does not affect the powers\nof the Supreme Court on the hearing of the appeal, but the court may\nadjourn the hearing of the appeal.\n","sortOrder":1196},{"sectionNumber":"5115","sectionType":"section","heading":"Appeals to Supreme Court—notice of contention","content":"5115 Appeals to Supreme Court—notice of contention\n(1) A respondent need not file a notice of cross-appeal if the\n(a) proposes to contend that a question of fact or law has been\nincorrectly decided against the respondent but does not seek to\nhave the order appealed from set aside or the order amended; or\n(b) wants to contend that the order appealed from should be\nconfirmed on a ground other than the ground relied on by the\ncourt or tribunal that made the order.\n(a) file a notice of contention in the Supreme Court not later than 28\ndays after the day the notice of appeal is served on the\nrespondent, or not later than any further time allowed by the\nNote 1 See approved form 5.6 (Supreme Court—notice of contention)\nAF2006-390.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application for\n(b) serve a stamped copy of the notice of contention, not later than\n7 days after the day the notice of contention is filed, but no later\nthan 5 days before the day for settling the appeal papers, unless\nthe Supreme Court otherwise orders, on the following:\n\nRule 5115\nby the order that the respondent seeks; and\n(c) give notice to the appellant of the record of evidence or\ndocuments before the court or tribunal relevant to the\nrespondent’s contention, for inclusion in the appellant’s draft\nindex of the appeal papers; and\n(d) when the appeal papers are being settled, ask the Supreme Court\nto include the record of evidence or documents in the appeal\n(3) If a party mentioned in subrule (2) (b) (ii) filed a notice of intention\nto respond or defence (however described) in the court or tribunal that\nmade the order appealed from, or otherwise gave the court or tribunal\nan address for service (however described), the notice of contention\nmay be served on the party at the party’s address for service (however\ndescribed) in the proceeding in which the order appealed from was\n(4) Part 6.8 (Service) applies to this rule as if a reference to an address\nsubrule (3).\n(5) The notice of contention must state—\n(a) the contention; and\n(b) briefly, but specifically, the grounds relied on in support of the\ncontention.\n\nRule 5115\n(6) If a respondent is served an amended notice of appeal, the respondent\nmay—\n(a) file an amended notice of contention in the Supreme Court not\nlater than 14 days after the day the amended notice is served on\nthe respondent, or not later than any further time allowed by the\nNote 1 See approved form 5.6 (Supreme Court—notice of contention)\nAF2006-390.\n(b) serve on each party mentioned in subrule (2) (b) a stamped copy\nof the amended notice of contention, not later than 7 days after\nthe day the notice of contention is filed, unless the Supreme\nCourt otherwise orders.\n(7) On the hearing of a contention, the respondent making the contention\nmust not, without the Supreme Court’s leave—\n(a) raise any question that is not stated in the notice of contention;\nor\ncontention; or\nnotice of contention.\n\nRule 5130\nDivision 5.3.5 Appeals to Supreme Court—appeal\npapers and hearing\n","sortOrder":1197},{"sectionNumber":"5130","sectionType":"section","heading":"Appeals to Supreme Court—draft index of appeal papers","content":"5130 Appeals to Supreme Court—draft index of appeal papers\n(1) Before the date set for settling the appeal papers, the appellant must\nprepare and file a draft index of the appeal papers.\n(2) The appellant must serve a copy of the draft index on each respondent\nnot later than 3 days before the date set for settling the appeal papers.\n","sortOrder":1198},{"sectionNumber":"5131","sectionType":"section","heading":"Appeals to Supreme Court—settlement of appeal papers","content":"5131 Appeals to Supreme Court—settlement of appeal papers\n(1) When settling the appeal papers, the registrar of the Supreme Court\nmay give directions about the conduct of the appeal that the registrar\n(2) Without limiting subrule (1), the registrar may do the following:\n(a) work out what documents were before the court or tribunal;\n(b) decide what documents are to be included in the appeal papers,\nand the order of inclusion;\n(c) settle the index of the documents to be included in the appeal\npapers;\n(d) decide the number of copies of the appeal papers required and\nwhen they should be served;\n(e) direct the inclusion, substitution or removal of parties;\n(f) get an estimate of the length of the hearing from the parties;\n(g) direct the place, date and kind of hearing.\n","sortOrder":1199},{"sectionNumber":"5132","sectionType":"section","heading":"Appeals to Supreme Court—content of appeal papers","content":"5132 Appeals to Supreme Court—content of appeal papers\n(1) The title page of the appeal papers must give—\n(a) the title of the proceeding; and\n\nRule 5132\n(b) the name of the court or tribunal appealed from; and\n(c) the names of each party (and the party’s solicitor (if any)) and\nthe party’s address for service.\n(2) Following the title page of the appeal papers, there must be an index\nof the documents making up the appeal papers that shows the date\nand page number of each document.\n(3) The documents must be arranged as directed under rule 5131 (2) (b)\nor, if no direction is given, in the following order:\n(a) notice of appeal or, if amended, the amended notice of appeal;\n(b) any notice of cross-appeal or notice of contention;\n(c) if leave to appeal has been given—the order giving leave;\n(d) the formal order of the court or tribunal from which the appeal\nis brought;\n(e) reasons for the order of the court or tribunal;\n(f) process and pleading;\n(g) evidence, as follows:\n(i) the transcript of any oral evidence;\n(ii) affidavit evidence;\n(iii) other exhibits that are documents (other than affidavits and\ndocuments exhibited or attached to each affidavit) arranged\nin the order in which they have been numbered as exhibits\nin the court or tribunal, and any list of the exhibits\nappearing in the transcript;\n(iv) a list of exhibits that are not documents;\n(h) the certificate under rule 5134 (1) (Appeals to Supreme Court—\nfiling and serving appeal papers).\n\nRule 5133\n(4) The requirements of this rule are subject to any direction given by the\nSupreme Court on application by a party or on its own initiative.\n","sortOrder":1200},{"sectionNumber":"5133","sectionType":"section","heading":"Appeals to Supreme Court—presentation of appeal","content":"5133 Appeals to Supreme Court—presentation of appeal\n(1) The appeal papers must be—\n(a) paginated; and\n(b) clear and legible; and\n(c) if filed in paper form—securely fastened but need not be bound.\n(2) The registrar must be satisfied about the presentation of the appeal\n(3) The requirements of this rule are subject to any direction given by the\nSupreme Court on application by a party or on its own initiative.\n","sortOrder":1201},{"sectionNumber":"5134","sectionType":"section","heading":"Appeals to Supreme Court—filing and serving appeal","content":"5134 Appeals to Supreme Court—filing and serving appeal\n(1) The appellant must file the appeal papers with a certificate, by the\nparties or their solicitors, stating that the papers have been examined\nand are correct.\nNote See approved form 5.7 (Supreme Court—certificate of examination of\nappeal papers) AF2006-391.\n(2) The appellant must file the number of copies of the appeal papers,\nand serve stamped copies of them, as decided under rule 5131 (2) (d)\n(Appeals to Supreme Court—settlement of appeal papers).\n\nRule 5135\n","sortOrder":1202},{"sectionNumber":"5135","sectionType":"section","heading":"Appeals to Supreme Court—setting appeal for hearing","content":"5135 Appeals to Supreme Court—setting appeal for hearing\n(1) This rule applies if the registrar of the Supreme Court does not set a\ndate for hearing when the appeal papers are settled under rule 5131\n(Appeals to Supreme Court—settlement of appeal papers).\n(2) The registrar may set a hearing date for the appeal when the registrar\nis satisfied that the appeal is ready for hearing.\n(3) The registrar may set the date on application to the registrar by any\nparty to the appeal or on the registrar’s own initiative.\n(4) The registrar must tell the parties the hearing date set for the appeal.\n","sortOrder":1203},{"sectionNumber":"5136","sectionType":"section","heading":"Appeals to Supreme Court—changing appeal hearing","content":"5136 Appeals to Supreme Court—changing appeal hearing\ndate\n(1) The Supreme Court may, at any time, order that the appeal be heard\non a date other than the date set under rule 5131 (Appeals to Supreme\nCourt—settlement of appeal papers) or rule 5135 (Appeals to\nSupreme Court—setting appeal for hearing).\n(2) The Supreme Court may make an order under subrule (1) on the\napplication of a party to the appeal or on its own initiative.\n","sortOrder":1204},{"sectionNumber":"5137","sectionType":"section","heading":"Appeals to Supreme Court—written summary and list for","content":"5137 Appeals to Supreme Court—written summary and list for\nappeal hearing\n(1) Each party to the appeal must prepare a written summary of\narguments in accordance with rule 5138 (Appeals to Supreme\nCourt—summaries of arguments) and a list of authorities, legislation\nand texts in accordance with rule 5139 (Appeals to Supreme Court—\nlist of authorities, legislation and texts), unless the Supreme Court\n\nRule 5138\n(2) At least 14 days before the day set for the start of the hearing of the\nappeal, each appellant must—\n(a) file in the Supreme Court the appellant’s summary and list, and\nserve a copy of each on each other party to the appeal; and\n(b) file in the court a copy of each authority and item of legislation\nmentioned in the list.\n(3) At least 7 days before the day set for the start of the hearing of the\nappeal, each respondent must—\n(a) file in the Supreme Court the respondent’s summary and list,\nand serve a copy of each on each other party to the appeal; and\n(b) file in the court a copy of each authority and item of legislation\nmentioned in the list.\n(4) At least 2 days before the day set for the start of the hearing of the\nappeal, each appellant may file in the Supreme Court a written\nsummary of arguments in reply, and serve a copy on each other party\nto the appeal.\n","sortOrder":1205},{"sectionNumber":"5138","sectionType":"section","heading":"Appeals to Supreme Court—summaries of arguments","content":"5138 Appeals to Supreme Court—summaries of arguments\n(1) A party’s summary of arguments must state as briefly as possible—\n(a) the issues in the appeal; and\n(b) an outline of the argument expected to be made on each issue,\nmentioning the steps in the argument and any legislation,\nauthority or finding of fact to be relied on for each step; and\n(c) if there is to be a challenge to any of the findings of fact of the\ncourt or tribunal—\n(i) the claimed error (including any failure to make a finding\nof fact); and\n(ii) the reasons why the party considers the finding was an\nerror; and\n\nRule 5139\n(iii) the finding that the party considers should have been made;\nand\n(d) for an appellant—a chronology of the facts; and\n(e) if a respondent disagrees with an appellant’s chronology of\nfacts—the respondent’s chronology of facts that highlights\nwhere the respondent’s chronology differs from the appellant’s\nchronology.\n(2) If the summary relies on a matter in another document, the summary\n(a) for a document mentioned in rule 5139 (3) (a) to (c)—identify\nthe document as mentioned in the paragraphs; and\n(b) for other documents—if relevant, identify the page of the\ndocument relied on.\n","sortOrder":1206},{"sectionNumber":"5139","sectionType":"section","heading":"Appeals to Supreme Court—list of authorities, legislation","content":"5139 Appeals to Supreme Court—list of authorities, legislation\nand texts\n(1) A party’s list of authorities, legislation and texts must list any\nauthority, legislation or text that the party expects will be quoted\nfrom, or that may be referred to, by the party.\n(2) A party’s list of authorities, legislation and texts may be divided into\n2 parts (parts A and B) and list any authority, legislation or text—\n(a) in part A—that the party expects will be quoted from by the\n(b) in part B—that may be referred to by the party.\n(3) An authority, legislation or text must be identified as follows:\n(a) for an authority—by case, citation and relevant part;\n(b) for legislation—by provision;\n(c) for a text—by edition and page number.\n\nRule 5140\n","sortOrder":1207},{"sectionNumber":"5140","sectionType":"section","heading":"Appeals to Supreme Court—absence of party","content":"5140 Appeals to Supreme Court—absence of party\n(1) If a party is not present when the appeal is called on for hearing, the\nSupreme Court may—\n(a) order that the hearing not proceed unless a hearing date is again\nset for the appeal or the other steps directed by the court are\ntaken; or\n(b) adjourn the hearing; or\n(c) if the absent party is an appellant or cross-appellant—dismiss\nthe appeal or cross-appeal; or\n(d) proceed with the hearing, either generally or in relation to the\norder sought in the appeal; or\n(e) for an appeal against a conviction or sentence mentioned in the\nMagistrates Court Act 1930, section 208 (Appeals to which\ndiv 3.10.2 applies), and the absent party is the appellant who is\non bail and is not represented by a legal practitioner—make\nanother order the court considers appropriate or issue a warrant\nfor the appellant’s arrest.\n(2) The Supreme Court may make an order, or do anything else,\nmentioned in subrule (1) on application by a party to the appeal or on\n(3) If the appeal or cross-appeal is dismissed under subrule (1) (c), and\nthe Supreme Court considers there are special circumstances to set\naside the dismissal, the Court may, on application by the appellant or\ncross-appellant—\n(a) set aside the dismissal; and\n\nAppeals to Supreme Court—ending all or part of appeal Division 5.3.6\nRule 5141\n(4) If the hearing proceeds under subrule (1) (d) in the absence of the\nparty and an order is made, the Supreme Court may, on application\nby the party—\n(a) amend or set aside the order; and\n","sortOrder":1208},{"sectionNumber":"5141","sectionType":"section","heading":"Appeals to Supreme Court—insufficient material","content":"5141 Appeals to Supreme Court—insufficient material\nIf the Supreme Court considers that it has insufficient material before\nit to enable it to make a decision on the appeal, it may give all or any\nof the following directions:\n(a) that the appeal be adjourned for further consideration;\n(b) a direction about the issues to be decided that it considers\nappropriate;\n(c) a direction about the accounts to be taken, or inquiries made,\nDivision 5.3.6 Appeals to Supreme Court—ending\nall or part of appeal\nNote to div 5.3.6\nSee also r 5140 (Appeals to Supreme Court—absence of party).\n","sortOrder":1209},{"sectionNumber":"5170","sectionType":"section","heading":"Appeals to Supreme Court—abandonment of ground of","content":"5170 Appeals to Supreme Court—abandonment of ground of\n(1) This rule applies if an appellant wants to abandon a ground of appeal.\n(2) The appellant must give notice to each other party to the appeal that\nthe ground of appeal will not be relied on.\n(3) The notice must be given—\n(a) as soon as possible; but\n\nDivision 5.3.6 Appeals to Supreme Court—ending all or part of appeal\nRule 5171\n(b) if the appeal is not to be decided by written cases under part 5.8\n(Written cases)—within a reasonable time before the day set for\nthe start of the hearing.\n(4) The Supreme Court may make any order the court considers\nappropriate in an appeal in a civil proceeding in relation to costs\nincurred because of a failure by the appellant to comply with this rule.\n","sortOrder":1210},{"sectionNumber":"5171","sectionType":"section","heading":"Appeals to Supreme Court—discontinuance of appeal","content":"5171 Appeals to Supreme Court—discontinuance of appeal\n(1) An appellant may discontinue the appeal or a part of the appeal—\n(a) without the Supreme Court’s leave, at any time before the\nhearing of the appeal; or\n(b) only with the Supreme Court’s leave, at the hearing or after the\nhearing and before judgment.\n(2) However, if the appeal is an appeal in a criminal proceeding from an\norder of the Magistrates Court by an appellant other than the director\nof public prosecutions, the appeal may be discontinued before the\nhearing of the appeal only with—\n(a) the agreement of the director of public prosecutions; or\n(b) the leave of the Supreme Court.\n(3) Also, if the appeal is to be decided by written cases under part 5.8\n(Written cases), an appellant may discontinue the appeal or a part of\nthe appeal—\n(a) without the Supreme Court’s leave, at any time before, or on,\nthe last day that the appellant may file written submissions under\nor\n\nAppeals to Supreme Court—ending all or part of appeal Division 5.3.6\nRule 5172\n(b) only with the Supreme Court’s leave, at any time after the last\nday mentioned in paragraph (a), but before judgment.\n(4) The appellant may discontinue the appeal by filing a notice of\ndiscontinuance in the Supreme Court, and serving a stamped copy of\nthe notice on each party to the appeal.\nNote See approved form 5.8 (Supreme Court—notice of discontinuance of\nappeal) AF2006-392.\n(5) If the appeal or a part of the appeal is discontinued—\n(a) the appeal or part of the appeal is abandoned by the appellant;\nand\n(b) the discontinuance does not affect any other appellant in the\n(6) If an appeal in a criminal proceeding from an order of the Magistrates\nCourt by an appellant other than the director of public prosecutions is\ndiscontinued, the court may make any order it could make under the\nMagistrates Court Act 1930, section 218 that is appropriate to deal\nwith the effect of the discontinuance on the stay under that Act,\nsection 216.\n(7) If the appeal or part of the appeal is discontinued in a civil proceeding,\nthe appellant must pay the costs of the other parties caused by the\nappeal or part of the appeal discontinued, unless the Supreme Court\n(8) The Supreme Court may make an order under subrule (7) on\napplication by a party to the appeal or on its own initiative.\n","sortOrder":1211},{"sectionNumber":"5172","sectionType":"section","heading":"Appeals to Supreme Court—competency of appeal","content":"5172 Appeals to Supreme Court—competency of appeal\n(1) A respondent to the appeal may apply to the Supreme Court at any\ntime for an order striking out the appeal as incompetent.\n\nDivision 5.3.6 Appeals to Supreme Court—ending all or part of appeal\nRule 5173\n(2) The burden of establishing the competency of the appeal is on the\n","sortOrder":1212},{"sectionNumber":"5173","sectionType":"section","heading":"Appeals to Supreme Court—costs for failure to apply for","content":"5173 Appeals to Supreme Court—costs for failure to apply for\nappeal to be struck out as incompetent\n(1) This rule applies if a respondent to the appeal does not make an\napplication under rule 5172 (1) and the appeal is struck out by the\nSupreme Court as incompetent.\n(2) The respondent must not receive any costs of the appeal, unless the\nSupreme Court otherwise orders.\n(3) The Supreme Court may order that the respondent pay the appellant\nany costs of the appeal wasted because of the respondent’s failure to\nmake an application under rule 5172 (1).\n(4) The Supreme Court may make an order under this rule on application\nby a party to the appeal or on its own initiative.\n","sortOrder":1213},{"sectionNumber":"5174","sectionType":"section","heading":"Appeals to Supreme Court—dismissal by consent","content":"5174 Appeals to Supreme Court—dismissal by consent\n(1) The parties to the appeal may agree that the appeal be dismissed by\n(2) Rule 1612 (Orders—by consent in proceeding) applies, with any\nnecessary changes, to an order for the dismissal of the appeal by\n(3) Without limiting subrule (2), the order may provide that—\n(a) an amount secured for the costs of the appeal be paid to a party\nstated in the order; or\n(b) the appellant pay the respondent’s costs of the appeal to be\nassessed; or\n\nRule 5175\n(c) the appellant pay the respondent’s costs of the appeal agreed as\na stated amount; or\n(d) the appellant pay the respondent’s costs of the appeal, to be\nsatisfied from an amount secured for the costs of the appeal with\nany balance to be paid to a stated party or the party’s solicitor;\nor\n(e) there be no order for the costs of the appeal.\n(4) Unless the Supreme Court otherwise orders in relation to an amount\nsecured for the costs of the appeal, on the dismissal of the appeal, the\nregistrar of the Supreme Court may pay the amount to the successful\n(5) The payment may be made to the solicitor on the record for the\n","sortOrder":1214},{"sectionNumber":"5175","sectionType":"section","heading":"Appeals to Supreme Court—consent orders","content":"5175 Appeals to Supreme Court—consent orders\nIf the parties agree about the substantive orders the Supreme Court\nwill be asked to make by consent, but do not agree about the order for\ncosts, the appeal may be listed for hearing even though the appeal\npapers have not been settled.\nDivision 5.3.7 Appeals to Supreme Court—\nmiscellaneous\n","sortOrder":1215},{"sectionNumber":"5190","sectionType":"section","heading":"Appeals to Supreme Court—directions about appeal etc","content":"5190 Appeals to Supreme Court—directions about appeal etc\n(1) At any time after the filing in the Supreme Court of a notice of appeal\nor application for leave to appeal (or leave to appeal out of time)\nunder this part, the court may give directions in relation to the conduct\nof the appeal or application (including, for the application, the appeal\nif the leave is given), even though the direction may be inconsistent\nwith another provision of these rules.\n\nRule 5191\n(2) A direction under this rule may be made on application by a party to\nthe appeal or application or on the court’s own initiative.\ndirections or to amend or revoke a direction.\n(5) The court may at any time amend or revoke a direction made under\nthis rule on application by a party or on its own initiative.\n(6) The powers of the court under this rule are additional to any other\n","sortOrder":1216},{"sectionNumber":"5191","sectionType":"section","heading":"Appeals to Supreme Court—want of prosecution of","content":"5191 Appeals to Supreme Court—want of prosecution of\nthis part; or\nout of time) under this part.\n(a) a person applying for further time to apply for leave to appeal\n(b) an applicant for leave to appeal (or leave to appeal out of time)\n(c) a person appealing under this part.\n\nRule 5191\n(2) This rule applies if an appellant—\n(a) has not done anything required to be done under these rules\nduring a period of 3 months after the day the requirement arises;\nor\n(b) otherwise has not prosecuted the appellant’s appeal with\nappropriate effort during a period of 3 months after the day the\nlast step in the proceeding was taken.\n(3) The Supreme Court may—\n(a) order that the appeal be dismissed for want of prosecution and\nconfirm the order appealed from; or\n(b) on its own initiative, set a time for the doing of a thing required\nto be done in relation to the appeal and—\n(i) at the same time order that, if the appellant does not do the\nthing within the time, the appeal will be dismissed for want\nof prosecution and the order appealed from confirmed; or\n(ii) if the appellant does not do the thing within the time—\norder that the appeal be dismissed for want of prosecution\nand confirm the order appealed from; or\n(c) make any other order the Supreme Court considers just.\n(4) A respondent may apply to the Supreme Court to require the appellant\nto show cause why the appeal should not be dismissed for want of\nprosecution.\nsubrule.\n(5) On the hearing of the application, the Supreme Court may make an\norder mentioned in subrule (3).\n(6) An order mentioned in subrule (3) (b) may be amended at any time\nbefore the appeal is dismissed for want of prosecution and, in special\ncircumstances, may be amended or revoked after that time.\n\nRule 5192\n","sortOrder":1217},{"sectionNumber":"5192","sectionType":"section","heading":"Appeals to Supreme Court—matter happening in court or","content":"5192 Appeals to Supreme Court—matter happening in court or\ntribunal appealed from\n(1) In an appeal or application to the Supreme Court under this part, if a\nquestion arises about something that happened or may have happened\nin the court or tribunal that made the order appealed from (or sought\nto be appealed from), the Supreme Court may have regard to the\nmaterial it considers appropriate.\n(2) Without limiting subrule (1), the Supreme Court may—\n(a) call for a report from the court or tribunal; and\n(b) if the contents of the report have been made available to the\nparties to the appeal—act on the report.\n","sortOrder":1218},{"sectionNumber":"5193","sectionType":"section","heading":"Further evidence on appeal to Supreme Court—","content":"5193 Further evidence on appeal to Supreme Court—\nMagistrates Court Act 1930, s 214\n(1) This rule applies to an application to the Supreme Court to receive\nevidence mentioned in the Magistrates Court Act 1930,\nsection 214 (3) and (4) in an appeal mentioned in that section.\nNote Pt 6.2 (Applications in proceedings) applies to the application and an\napplication for an order under this rule.\n(2) The application must be supported by an affidavit stating—\n(a) the grounds of the application; and\n(b) any evidence necessary to establish the grounds of the\n(c) the evidence that the applicant wants the Supreme Court to\nreceive.\n(3) Not later than 21 days before the day set for the hearing of the appeal,\nthe applicant must file the affidavit in the Supreme Court and serve a\nstamped copy on the other party to the appeal.\n(4) Unless the Supreme Court otherwise orders, the evidence of the other\nparty to the appeal must be given by affidavit.\n\nRule 5194\n(5) Not later than 14 days before the day set for the hearing of the appeal,\nthe other party to the appeal must file the affidavit in the Supreme\nCourt and serve a stamped copy on the applicant.\n","sortOrder":1219},{"sectionNumber":"5194","sectionType":"section","heading":"Appeals to Supreme Court—keeping exhibits","content":"5194 Appeals to Supreme Court—keeping exhibits\n(1) This rule applies in relation to an appeal or application to the Supreme\nCourt under this part.\n(2) Unless the Supreme Court otherwise orders, the registrar of the\nSupreme Court must keep the exhibits in the proceeding until 28 days\nafter the day the appeal is disposed of.\n(3) However, the register may permit a document or thing to be removed\nfrom the registry in accordance with rule 6767 (Power to allow\nremoval of documents and things).\n\nDivision 5.4.1 Appeals to Court of Appeal—preliminary\nRule 5300A\nDivision 5.4.1 Appeals to Court of Appeal—\n5300A Definitions—pt 5.4\npractice direction means Practice Direction No 1 of 2016 made by\nsupporting material, for an application, means the supporting\nmaterial for the application mentioned in the practice direction.\n","sortOrder":1220},{"sectionNumber":"5300","sectionType":"section","heading":"Meaning of court—pt 5.4","content":"5300 Meaning of court—pt 5.4\n(1) In this part, the court is the Supreme Court otherwise than when it is\n(2) However, the court does not include—\n(a) a Full Court of the Supreme Court exercising appellate\njurisdiction; or\n(b) the registrar.\n","sortOrder":1221},{"sectionNumber":"5301","sectionType":"section","heading":"Appeals to Court of Appeal—stay and reinstatement","content":"5301 Appeals to Court of Appeal—stay and reinstatement\n(1) An appeal to the Court of Appeal in a civil proceeding does not\noperate as a stay of the order appealed from unless—\n(a) a territory law provides otherwise; or\n\nAppeals to Court of Appeal—preliminary Division 5.4.1\nRule 5301\n(b) the Court of Appeal or the court otherwise orders.\nNote 1 Pt 6.2 (Applications in proceedings) applies to an application for a stay\nor for an order under this rule.\nNote 2 An appeal to the Court of Appeal in a criminal proceeding does not\noperate as a stay of the conviction appealed from.\n(2) In an urgent case, an application to the Court of Appeal or the court\nfor a stay may be made without serving it on anyone.\n(3) If the application to the Court of Appeal or the court for a stay is made\nwithout serving it on anyone, the application must be accompanied\nby an affidavit setting out the grounds relied on in support of the claim\nof urgency.\n(4) If the order appealed from is stayed by the Court of Appeal or the\ncourt, the Court of Appeal or the court may make any order that it\nconsiders necessary or desirable to give effect to the stay.\n(5) The Court of Appeal may, by order, amend or set aside an order made\nby the court or it under this rule.\n(6) The court may, by order, amend or set aside an order made by it under\n(7) An application for an order of the Court of Appeal for a stay may be\nmade whether or not a similar application has been made to the court.\n(8) If any step has been taken for the enforcement of an order and the\nCourt of Appeal amends or sets aside the order on appeal under this\npart, the Court of Appeal may make the orders for reinstatement it\n\nDivision 5.4.2 Appeals to Court of Appeal—leave to appeal from interlocutory orders\nRule 5302\n","sortOrder":1222},{"sectionNumber":"5302","sectionType":"section","heading":"Appeals to Court of Appeal—security for costs","content":"5302 Appeals to Court of Appeal—security for costs\n(1) Security for costs of an appeal is not required, unless the Court of\nAppeal otherwise orders.\n(2) This rule does not limit division 2.17.8 (Security for costs).\nDivision 5.4.2 Appeals to Court of Appeal—leave to\nappeal from interlocutory orders\n","sortOrder":1223},{"sectionNumber":"5310","sectionType":"section","heading":"Application—div 5.4.2","content":"5310 Application—div 5.4.2\n(1) This division applies if a person wants to appeal to the Court of\nAppeal from an interlocutory order of the court constituted by a single\njudge.\nNote Pt 5.2 deals with appeals from all orders of the registrar of the Supreme\n(2) The person must make an application for leave to appeal under this\n","sortOrder":1224},{"sectionNumber":"5311","sectionType":"section","heading":"Appeals to Court of Appeal—application for leave to","content":"5311 Appeals to Court of Appeal—application for leave to\n(1) The application for leave to appeal must comply with this division.\nNote 1 The application for leave must also comply with the practice direction.\nNote 2 See approved form 5.9 (Court of appeal—application for leave to appeal\nfrom interlocutory judgment) AF2015-36.\nNote 3 The application must be in accordance with pt 6.2 (Applications in\n\nAppeals to Court of Appeal—leave to appeal from interlocutory orders Division 5.4.2\nRule 5312\n","sortOrder":1225},{"sectionNumber":"5312","sectionType":"section","heading":"Appeals to Court of Appeal—time for filing application for","content":"5312 Appeals to Court of Appeal—time for filing application for\nThe applicant for leave to appeal must file the application for leave to\nappeal, and supporting material for the application, in the court not\nlater than 7 days after the day the interlocutory order is given, or not\nlater than any further time allowed by the Court of Appeal or the\njudge who gave the interlocutory order.\nNote 1 See r 5405 (Appeals to Court of Appeal—time for filing notice of appeal).\ntime to apply for leave to appeal.\nNote 3 An application for further time may be made before or after the time\nmentioned in this rule (see Legislation Act, s 151C).\n","sortOrder":1226},{"sectionNumber":"5313","sectionType":"section","heading":"Appeals to Court of Appeal—application for leave to","content":"5313 Appeals to Court of Appeal—application for leave to\nappeal to be sealed\nThe registrar must seal an application for leave to appeal and any filed\ncopies of the application.\nNote The registrar may reject an application for leave to appeal that is filed\n(see r 6140 (Rejecting documents—noncompliance with rules etc) and\nr 6142 (Rejecting documents—abuse of process etc)).\n","sortOrder":1227},{"sectionNumber":"5314","sectionType":"section","heading":"Appeals to Court of Appeal—serving application for leave","content":"5314 Appeals to Court of Appeal—serving application for leave\nto appeal\n(1) The applicant for leave to appeal must, not later than 3 days after the\nday the application is filed, serve the following on each person who\nwas a party to, or given leave to intervene in, the proceeding in which\nthe order appealed from was made:\n\nDivision 5.4.2 Appeals to Court of Appeal—leave to appeal from interlocutory orders\nRule 5315\n(b) a stamped copy of the supporting material for the application.\n(b) on the person at the person’s address for service in the\nproceeding in which the interlocutory order appealed from was\n","sortOrder":1228},{"sectionNumber":"5315","sectionType":"section","heading":"Appeals to Court of Appeal—response to application for","content":"5315 Appeals to Court of Appeal—response to application for\nA respondent to the application for leave to appeal must file in the\ncourt a notice of intention to respond in accordance with\nNote The respondent must file and serve any material in response to the\napplication within 14 days after service of the application on the\nrespondent (see the practice direction).\n\nAppeals to Court of Appeal—leave to appeal out of time from final\nDivision 5.4.3\nRule 5330\nDivision 5.4.3 Appeals to Court of Appeal—leave to\nappeal out of time from final\n5330 Definitions—div 5.4.3\nfinal judgment, of the court, means a judgment of the court that is not\nan interlocutory judgment, but does not include a conviction or\nsentence.\nNote Conviction and sentence are defined in r 5000 (Definitions—ch 5).\nout of time, for a final judgment of the court, means more than\n28 days after the day the judgment was given by the court.\n","sortOrder":1229},{"sectionNumber":"5331","sectionType":"section","heading":"Application—div 5.4.3","content":"5331 Application—div 5.4.3\n(1) This division applies if a person wants to appeal out of time to the\nCourt of Appeal from a final judgment of the court.\nNote For leave to appeal out of time from a conviction or sentence, see\nsdiv 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by\nconvicted person) and sdiv 5.4.7.3 (Appeals to Court of Appeal—leave\nto appeal out of time by DPP).\n(2) The person must make an application for leave to appeal out of time\nunder this division.\n\nDivision 5.4.3 Appeals to Court of Appeal—leave to appeal out of time from final\nRule 5332\n","sortOrder":1230},{"sectionNumber":"5332","sectionType":"section","heading":"Appeals to Court of Appeal—application for leave to","content":"5332 Appeals to Court of Appeal—application for leave to\n(1) The application for leave to appeal out of time must comply with this\nNote 1 The application for leave must also comply with the practice direction.\nNote 2 See approved form 5.10 (Court of Appeal—application for leave to\nappeal out of time from final judgment) AF2015-40.\nNote 3 The application must be in accordance with pt 6.2 (Applications in\n","sortOrder":1231},{"sectionNumber":"5333","sectionType":"section","heading":"Appeals to Court of Appeal—filing application for leave to","content":"5333 Appeals to Court of Appeal—filing application for leave to\nThe applicant for leave to appeal out of time must file the application\nfor leave to appeal out of time, and supporting material for the\napplication, in the court.\nNote For when the application for leave to appeal out of time must be filed, see\nr 5405 (1) (b) (Appeals to Court of Appeal—time for filing notice of\n","sortOrder":1232},{"sectionNumber":"5334","sectionType":"section","heading":"Appeals to Court of Appeal—application for leave to","content":"5334 Appeals to Court of Appeal—application for leave to\nappeal out of time to be sealed\nThe registrar must seal an application for leave to appeal out of time\nand any filed copies of the application.\nNote The registrar may reject an application for leave to appeal out of time that\nand r 6142 (Rejecting documents—abuse of process etc)).\n\nAppeals to Court of Appeal—leave to appeal out of time from final\nDivision 5.4.3\nRule 5335\n","sortOrder":1233},{"sectionNumber":"5335","sectionType":"section","heading":"Appeals to Court of Appeal—serving application for leave","content":"5335 Appeals to Court of Appeal—serving application for leave\nto appeal out of time\n(1) The applicant for leave to appeal out of time must, not later than\n3 days after the day the application is filed, serve the following on\neach person who was a party to, or given leave to intervene in, the\nproceeding in which the final judgment appealed from was given:\n(b) a stamped copy of the supporting material for the application.\n(b) on the person at the person’s address for service in the\nproceeding in which the final judgment appealed from was\n","sortOrder":1234},{"sectionNumber":"5336","sectionType":"section","heading":"Appeals to Court of Appeal—response to application for","content":"5336 Appeals to Court of Appeal—response to application for\nA respondent to the application for leave to appeal out of time must\nfile in the court a notice of intention to respond in accordance with\n\nDivision 5.4.3 Appeals to Court of Appeal—leave to appeal out of time from final\nRule 5336\nNote The respondent must file and serve any material in response to the\napplication within 14 days after service of the application on the\nrespondent (see the practice direction).\n\nRule 5400\nDivision 5.4.4 Appeals to Court of Appeal—\nprocedure generally\nNote to div 5.4.4\nSee also sdiv 5.4.7.4 (Appeals to Court of Appeal—convictions and sentences\n","sortOrder":1235},{"sectionNumber":"5400","sectionType":"section","heading":"Definitions—divs 5.4.4 to 5.4.6","content":"5400 Definitions—divs 5.4.4 to 5.4.6\n(1) In this division, division 5.4.5 (Appeals to Court of Appeal—appeal\npapers and hearing) and division 5.4.6 (Appeals to Court of Appeal—\nending all or part of appeal):\nappeal means an appeal from an order of the court.\norder includes—\n(a) a conviction of the court; or\n(b) a sentence of the court.\nNote 1 Order is defined in the dictionary.\nNote 2 Conviction and sentence are defined in r 5000 (Definitions—ch 5).\n(2) However, an appeal does not include—\n(a) a case stated or question reserved by the court about any matter\nin relation to which an appeal may be brought to the Court of\nAppeal; or\nNote See div 5.7.2 (Questions referred—Court of Appeal).\n(b) an appeal under the Supreme Court Act 1933, section 37S\nNote See div 5.6.2 (Reference appeals—Court of Appeal).\n\nRule 5400A\n","sortOrder":1236},{"sectionNumber":"5400A","sectionType":"section","heading":"Meaning of case summary—div 5.4.4","content":"5400A Meaning of case summary—div 5.4.4\ncase summary—\n(a) for an appeal—see rule 5403 (2); and\n(b) for a cross-appeal—see rule 5413 (4).\n","sortOrder":1237},{"sectionNumber":"5401","sectionType":"section","heading":"Application—divs 5.4.4 to 5.4.6","content":"5401 Application—divs 5.4.4 to 5.4.6\n(1) This division, division 5.4.5 and division 5.4.6 apply to an appeal to\n(2) The divisions apply subject to any territory law applying to the\n","sortOrder":1238},{"sectionNumber":"5402","sectionType":"section","heading":"Appeals to Court of Appeal—starting appeal","content":"5402 Appeals to Court of Appeal—starting appeal\nAn appeal may be started in the Court of Appeal by filing a notice of\nappeal in the court.\nNote See approved form 5.11 (Court of Appeal—notice of appeal)\nAF2016-104.\n","sortOrder":1239},{"sectionNumber":"5403","sectionType":"section","heading":"Appeals to Court of Appeal—requirements for notice of","content":"5403 Appeals to Court of Appeal—requirements for notice of\nappeal etc\n(1) The notice of appeal to the Court of Appeal must state—\n(a) the order appealed from and the date of the order; and\n(b) whether the appeal is from all or part of the order; and\n(c) if the appeal is from part of the order—the part appealed from;\nand\n(d) whether the appellant will seek to put further evidence before\n\nRule 5403\n(e) if further evidence is to be put before the court—briefly the\nnature of the evidence and what is sought to be proved; and\nclaimed that there is an error of law in the order; and\n(g) the order sought.\n(2) The notice of appeal must be accompanied by a 1-paragraph (about\n250 words) summary (the case summary) of—\n(a) the proceeding in which the order appealed from was made; and\n(b) the order appealed from; and\n(c) the grounds relied on in support of the appeal.\n(3) If the appeal is brought by leave of the Court of Appeal—\n(a) the notice of appeal must state that the appeal is brought by\nleave; and\n(b) a sealed copy of the order giving leave to appeal must\naccompany the notice of appeal and every copy of the notice of\nappeal served under rule 5409 (Appeals to Court of Appeal—\nserving notice of appeal and case summary).\n(4) If the appellant wants to present the appellant’s case in writing under\npart 5.8 (Written cases), the notice of appeal must state that the\nappellant wants to do so.\n(5) If there is a respondent to the appeal, the notice of appeal must include\nan instruction that before taking any other step in the proceeding the\nrespondent must file in the court a notice of intention to respond\n(unless the respondent filed a notice of intention to respond to an\napplication for leave to appeal from an interlocutory order, or for\nleave to appeal out of time from a final judgment, in the proceeding,\nand the information provided in the notice has not changed).\n\nRule 5404\n(6) On the hearing of the appeal, the appellant must not, without the Court\nof Appeal’s leave—\n(a) raise any question that is not stated in the notice of appeal; or\n(b) rely on any ground in support of the order sought that is not\nstated in the notice of appeal.\n","sortOrder":1240},{"sectionNumber":"5404","sectionType":"section","heading":"Appeals to Court of Appeal—parties to appeal","content":"5404 Appeals to Court of Appeal—parties to appeal\n(1) Each party to the proceeding in which the order appealed from was\nmade (the original proceeding) must be joined as an appellant or\nrespondent to the appeal if the party is directly affected by the order\nsought by the notice of appeal or is interested in maintaining the order\nappealed from.\n(2) The Court of Appeal may order that—\n(a) a person (whether or not a party to the original proceeding) be\nincluded or removed as a party to the appeal; or\n(b) a person directly affected by the appeal be included or\nsubstituted as a party.\n(3) However, a person may be made an appellant only with the person’s\n(4) If the Court of Appeal orders the inclusion or substitution of someone\nas a party to the appeal, it may adjourn the hearing of the appeal and\nmake any order it considers appropriate about the conduct of the\n\nRule 5405\n","sortOrder":1241},{"sectionNumber":"5405","sectionType":"section","heading":"Appeals to Court of Appeal—time for filing notice of","content":"5405 Appeals to Court of Appeal—time for filing notice of\nappeal and case summary\n(1) The notice of appeal and case summary must be filed in the court—\n(a) if leave to appeal has been given—\n(i) not later than 7 days after the day leave to appeal is given,\nor not later than any further time allowed by the Court of\nAppeal on application filed in the court before the end of\nthe 7-day period; or\n(ii) if the Court of Appeal sets a time for the filing when giving\nleave to appeal—not later than the time set, or not later than\nany further time allowed by the Court of Appeal on\napplication filed in the court before the end of the time set;\nor\n(b) in any other case—not later than 28 days after the day the order\nappealed from was made, or not later than any further time the\nSupreme Court allows on application filed in the court before\nthe end of the 28-day period.\nNote Div 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from\nfinal judgments) applies to an application for further time.\n(2) However, the Court of Appeal may, at any time and for special\nreasons, give leave to file a notice of appeal and case summary.\n\nRule 5406\n","sortOrder":1242},{"sectionNumber":"5406","sectionType":"section","heading":"Appeals to Court of Appeal—notice of appeal to be","content":"5406 Appeals to Court of Appeal—notice of appeal to be\nThe registrar must seal a notice of appeal and any filed copies of the\n","sortOrder":1243},{"sectionNumber":"5407","sectionType":"section","heading":"Appeals to Court of Appeal——numbering etc of appeals","content":"5407 Appeals to Court of Appeal——numbering etc of appeals\n(1) When the notice of appeal is sealed, the registrar must give a\ndistinguishing number or other unique identifier to the appeal started\nby the notice.\n(2) The registrar must ensure that the notice of appeal and each copy\nsealed under rule 5406 is endorsed with—\nappeal; and\n(b) the date when the notice was filed in the court.\n","sortOrder":1244},{"sectionNumber":"5408","sectionType":"section","heading":"Appeals to Court of Appeal—date for settlement of appeal","content":"5408 Appeals to Court of Appeal—date for settlement of appeal\nThe registrar must set a date for settlement of the appeal papers by\nwriting the date on the notice of appeal.\n","sortOrder":1245},{"sectionNumber":"5409","sectionType":"section","heading":"Appeals to Court of Appeal—serving notice of appeal and","content":"5409 Appeals to Court of Appeal—serving notice of appeal and\ncase summary\n(1) The appellant must serve on each respondent—\n(a) a sealed copy of the notice of appeal; and\n(b) a stamped copy of the case summary.\n\nRule 5409\n(2) The notice of appeal and case summary must be served—\n(b) on a respondent at the respondent’s address for service in the\nproceeding in which the order appealed from was made.\n(3) However, if the appeal is from an order refusing an application made\nwithout notice, the notice of appeal and case summary need not be\nserved on anyone unless the Court of Appeal otherwise orders on\napplication by an interested person or on its own initiative.\n(4) On application by a party to the appeal or on its own initiative, the\nCourt of Appeal may order the appellant to serve the notice of appeal\nand case summary on anyone else.\n(5) The appellant must serve the notice of appeal under subrule (1) not\nlater than 7 days after the day the notice is filed, but no later than\n5 days before the day for settling the appeal papers, unless the Court\nof Appeal otherwise orders.\n(6) If the Court of Appeal makes an order under subrule (5), the registrar\nmust make a note of the order on the notice of appeal.\n\nRule 5410\n","sortOrder":1246},{"sectionNumber":"5410","sectionType":"section","heading":"Appeals to Court of Appeal—notice of intention to","content":"5410 Appeals to Court of Appeal—notice of intention to\nrespond\n(1) A respondent to the appeal must file in the court a notice of intention\nto respond in accordance with division 2.3.1 (Notice of intention to\n(a) the notice of appeal were an originating application; and\n(2) However, this rule does not apply to a respondent if the respondent\nfiled a notice of intention to respond under rule 5315 (Appeals to\nCourt of Appeal—response to application for leave to appeal) or\nrule 5335 (Appeals to Court of Appeal—notice of intention to\nrespond to application for leave to appeal out of time) in the\nproceeding, and the information provided in the notice has not\nchanged.\n","sortOrder":1247},{"sectionNumber":"5411","sectionType":"section","heading":"Appeals to Court of Appeal—respondent taken to be","content":"5411 Appeals to Court of Appeal—respondent taken to be\nserved by filing notice of intention to respond\n(1) This rule applies to a respondent to the appeal if—\n(a) the respondent is represented by a solicitor; and\n(b) the respondent has not been served with the notice of appeal for\nthe appeal, but files a notice of intention to respond (other than\na conditional notice of intention to respond).\n(2) The respondent is taken to have been served with the notice of appeal\non the day the respondent files the notice of intention to respond.\n\nRule 5412\n","sortOrder":1248},{"sectionNumber":"5412","sectionType":"section","heading":"Appeals to Court of Appeal—amending notice of appeal","content":"5412 Appeals to Court of Appeal—amending notice of appeal\n(1) Before the appeal papers are settled, the appellant may amend the\nnotice of appeal without the Court of Appeal’s leave.\n(2) After the appeal papers are settled, the appellant may amend the\nnotice of appeal only with the Court of Appeal’s leave.\n(3) The provisions of part 2.7 (Amendment) mentioned in subrule (4)\napply to an amendment of the notice of appeal as if—\n(a) the notice of appeal were a pleading; and\n(4) The provisions of part 2.7 applying to an amendment of the notice of\nappeal are the following:\n• rule 502 (Amendment—of documents)\n• rule 508 (Amendment—when leave to amend ceases to have\neffect)\n• rule 509 (Amendment—procedure)\n• rule 510 (Amendment—person required to make)\n• rule 511 (Amendment—service of amended or revised document\netc)\n• for an appeal in a civil proceeding—rule 513 (Amendment—\ncosts).\n\nRule 5413\n","sortOrder":1249},{"sectionNumber":"5413","sectionType":"section","heading":"Appeals to Court of Appeal—cross-appeal","content":"5413 Appeals to Court of Appeal—cross-appeal\n(1) If a respondent wants to appeal from all or part of the order appealed\nfrom, or wants an amendment of the order, the respondent need not\nstart a substantive appeal.\n(a) file a notice of cross-appeal in the court not later than 28 days\nafter the day the notice of appeal is served on the respondent, or\nnot later than any further time allowed by the Court of Appeal;\nand\n(b) serve a sealed copy of the notice of cross-appeal, not later than\n7 days after the day the notice of cross-appeal is filed, but no\nlater than 5 days before the day for settling the appeal papers,\nunless the Court of Appeal otherwise orders, on the following:\nby the order that the respondent seeks.\nNote 1 See approved form 5.12 (Court of Appeal—notice of cross-appeal)\nAF2015-56.\nNote 3 For the use of a notice of contention instead of a notice of cross-appeal,\nsee r 5416.\n(3) The notice of cross-appeal must state—\n(a) whether the appeal is from all or part of the order or seeks an\namendment of the order; and\n(b) if the appeal is from part of the order or seeks an amendment of\nthe order—the part the respondent cross-appeals from; and\n\nRule 5413\n(i) the order that the respondent seeks instead of the order\ncross-appealed; or\n(ii) the amendment of the order that the respondent seeks; and\n(d) whether the respondent will seek to put further evidence before\nthe Court of Appeal; and\n(e) if further evidence is to be put before the Court of Appeal—\nbriefly the nature of the evidence and what is sought to be\nproved; and\ncontended that there is an error of law in the order appealed\n(4) The notice of cross-appeal must be accompanied by a 1-paragraph\n(about 250 words) summary (the case summary) of—\n(a) the order appealed from; and\n(b) the grounds relied on in support of the appeal.\n(5) On the hearing of a cross-appeal, the respondent bringing the\ncross-appeal must not, without the Court of Appeal’s leave—\n(a) raise any question that is not stated in the notice of cross-appeal;\nor\ncross-appeal; or\nnotice of cross-appeal.\n\nRule 5414\n","sortOrder":1250},{"sectionNumber":"5414","sectionType":"section","heading":"Appeals to Court of Appeal—application of certain rules","content":"5414 Appeals to Court of Appeal—application of certain rules\nto cross-appeals\n(1) The provisions mentioned in subrule (2) apply to a cross-appeal as\nif—\n(a) a reference to an appeal were a reference to a cross-appeal; and\n(b) a reference to the appellant were a reference to the respondent\nbringing the cross-appeal; and\n(c) a reference to the respondent were a reference to the appellant\n(or an appellant) on whom the cross-appeal is served; and\n(2) The provisions applying to a cross-appeal are as follows:\n• rule 5301 (Appeals to Court of Appeal—stay and reinstatement)\n• rule 5302 (Appeals to Court of Appeal—security for costs)\n• rule 5404 (Appeals to Court of Appeal—parties to appeal)\n• rule 5406 (Appeals to Court of Appeal—notice of appeal to be\n• rule 5409 (2) to (6) (Appeals to Court of Appeal—serving notice\nof appeal and case summary)\n• rule 5412 (Appeals to Court of Appeal—amending notice of\n• division 5.4.6 (Appeals to Court of Appeal—ending all or part of\n","sortOrder":1251},{"sectionNumber":"5415","sectionType":"section","heading":"Appeals to Court of Appeal—effect of failure to give","content":"5415 Appeals to Court of Appeal—effect of failure to give\nnotice of cross-appeal\nA failure to give a notice of cross-appeal does not affect the powers\nof the Court of Appeal on the hearing of the appeal, but the court may\nadjourn the hearing of the appeal.\n\nRule 5416\n","sortOrder":1252},{"sectionNumber":"5416","sectionType":"section","heading":"Appeals to Court of Appeal—notice of contention","content":"5416 Appeals to Court of Appeal—notice of contention\n(1) A respondent need not file a notice of cross-appeal if the\n(a) proposes to contend that a question of fact or law has been\nincorrectly decided against the respondent but does not seek to\nhave the order appealed from set aside or the order amended; or\n(b) wants to contend that the order appealed from should be\nconfirmed on a ground other than the ground relied on by the\n(a) file a notice of contention in the court not later than 28 days after\nthe day the notice of appeal is served on the respondent, or not\nlater than any further time allowed by the Court of Appeal; and\nNote 1 See approved form 5.13 (Court of Appeal—notice of contention)\nAF2015-57.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application for\n(b) serve a stamped copy of the notice of contention, not later than\n7 days after the day the notice of contention is filed, but no later\nthan 5 days before the day for settling the appeal papers, unless\nthe Court of Appeal otherwise orders, on the following:\nby the order that the respondent seeks; and\n(c) give notice to the appellant of the record of evidence or\ndocuments before the court relevant to the respondent’s\ncontention, for inclusion in the appellant’s draft index of the\nappeal papers; and\n\nRule 5416\n(d) when the appeal papers are being settled, ask the Court of\nAppeal to include the record of evidence or documents in the\nappeal papers.\n(3) The notice of contention must state—\n(a) the contention; and\n(b) briefly, but specifically, the grounds relied on in support of the\ncontention.\n(4) On the hearing of a contention, the respondent making the contention\nmust not, without the Court of Appeal’s leave—\n(a) raise any question that is not stated in the notice of contention;\nor\ncontention; or\nnotice of contention.\n\nAppeals to Court of Appeal—appeal papers and hearing Division 5.4.5\nRule 5432\nDivision 5.4.5 Appeals to Court of Appeal—appeal\npapers and hearing\nNotes to div 5.4.5\nNote 1 The practice direction sets out the requirements for filing documents,\nincluding the draft index of the appeal papers, before the date set for\nsettling the appeal papers.\nNote 2 Appeal and order are defined for this div in r 5400.\n","sortOrder":1253},{"sectionNumber":"5432","sectionType":"section","heading":"Appeals to Court of Appeal—settlement of appeal papers","content":"5432 Appeals to Court of Appeal—settlement of appeal papers\n(1) When settling the appeal papers, the Court of Appeal may give\ndirections about the conduct of the appeal that the court considers\n(2) Without limiting subrule (1), the Court of Appeal may do the\n(a) work out what documents were before the judicial officer of the\ncourt who gave the order appealed from;\n(b) decide what documents are to be included in the appeal papers,\nand the order of inclusion;\n(c) settle the index of the documents to be included in the appeal\npapers;\n(d) decide the number of copies of the appeal papers required and\nwhen they should be served;\n(e) direct the inclusion, substitution or removal of parties;\n(f) get an estimate of the length of the hearing from the parties;\n(g) direct the place, date and kind of hearing;\n(h) direct that the appeal be referred to mediation.\n\nDivision 5.4.5 Appeals to Court of Appeal—appeal papers and hearing\nRule 5436\n","sortOrder":1254},{"sectionNumber":"5436","sectionType":"section","heading":"Appeals to Court of Appeal—setting appeal for hearing","content":"5436 Appeals to Court of Appeal—setting appeal for hearing\n(1) This rule applies if the Court of Appeal does not set a date for hearing\nwhen the appeal papers are settled under rule 5432 (Appeals to Court\nof Appeal—settlement of appeal papers).\n(2) The registrar may set a hearing date for the appeal when the registrar\nis satisfied that the appeal is ready for hearing.\n(3) The registrar may set the date on application by any party to the\nappeal or on the registrar’s own initiative.\n(4) The registrar must tell the parties the hearing date set for the appeal.\n","sortOrder":1255},{"sectionNumber":"5437","sectionType":"section","heading":"Appeals to Court of Appeal—changing appeal hearing","content":"5437 Appeals to Court of Appeal—changing appeal hearing\ndate\n(1) The Court of Appeal may, at any time, order that the appeal be heard\non a date other than that set under rule 5432 (Appeals to Court of\nAppeal—settlement of appeal papers) or rule 5436 (Appeals to Court\nof Appeal—setting appeal for hearing).\n(2) The Court of Appeal may make an order under subrule (1) on the\napplication of a party to the appeal or on its own initiative.\n","sortOrder":1256},{"sectionNumber":"5441","sectionType":"section","heading":"Appeals to Court of Appeal—absence of party","content":"5441 Appeals to Court of Appeal—absence of party\n(1) If a party is not present when the appeal is called on for hearing, the\nCourt of Appeal may—\n(a) order that the hearing not proceed unless a hearing date is again\nset for the appeal or the other steps directed by the Court of\nAppeal are taken; or\n(b) adjourn the hearing; or\n(c) if the absent party is an appellant or cross-appellant—dismiss\nthe appeal or cross-appeal; or\n\nAppeals to Court of Appeal—appeal papers and hearing Division 5.4.5\nRule 5442\n(d) proceed with the hearing, either generally or in relation to the\ndecision sought in the appeal; or\n(e) for an appeal against conviction or sentence, and the absent\nparty is the appellant who is on bail and is not represented by a\nlegal practitioner—make another order the court considers\nappropriate or issue a warrant for the appellant’s arrest.\n(2) The Court of Appeal may make an order, or do anything else,\nmentioned in subrule (1) on application by a party to the appeal or on\n(3) If the appeal or cross-appeal is dismissed under subrule (1) (c), and\nthe Supreme Court considers there are special circumstances to set\naside the dismissal, the Court may, on application by the appellant or\ncross-appellant—\n(a) set aside the dismissal; and\n(4) If the hearing proceeds under subrule (1) (d) in the absence of the\nparty and an order is made, the Supreme Court may, on application\nby the party—\n(a) amend or set aside the order; and\n","sortOrder":1257},{"sectionNumber":"5442","sectionType":"section","heading":"Appeals to Court of Appeal—insufficient material","content":"5442 Appeals to Court of Appeal—insufficient material\nIf the Court of Appeal considers that it has insufficient material before\nit to enable it to make a decision on the appeal, it may give all or any\nof the following directions:\n(a) that the appeal be adjourned for further consideration;\n(b) a direction about the issues to be decided that it considers\nappropriate;\n\nDivision 5.4.6 Appeals to Court of Appeal—ending all or part of appeal\nRule 5470\n(c) a direction about the accounts to be taken, or inquiries made,\nDivision 5.4.6 Appeals to Court of Appeal—ending\nall or part of appeal\nNote to div 5.4.6\nAppeal and order are defined for this div in r 5400. See also r 5441 (Appeals to\nCourt of Appeal—absence of party).\n","sortOrder":1258},{"sectionNumber":"5470","sectionType":"section","heading":"Appeals to Court of Appeal—abandonment of ground of","content":"5470 Appeals to Court of Appeal—abandonment of ground of\n(1) This rule applies if an appellant wants to abandon a ground of appeal.\n(2) The appellant must give notice to each other party to the appeal that\nthe ground of appeal will not be relied on.\n(3) The notice must be given—\n(a) as soon as possible; but\n(b) if the appeal is not to be decided by written cases under part 5.8\n(Written cases)—within a reasonable time before the day set for\nthe start of the hearing.\n(4) The Court of Appeal may make any order the court considers\nappropriate in an appeal in a civil proceeding in relation to costs\nincurred because of a failure by the appellant to comply with this rule.\n","sortOrder":1259},{"sectionNumber":"5471","sectionType":"section","heading":"Appeals to Court of Appeal—discontinuance of appeal","content":"5471 Appeals to Court of Appeal—discontinuance of appeal\n(1) An appellant may discontinue the appeal or part of the appeal—\n(a) without the Court of Appeal’s leave, at any time before the\nhearing of the appeal; or\n\nAppeals to Court of Appeal—ending all or part of appeal Division 5.4.6\nRule 5471\n(b) only with the Court of Appeal’s leave, at the hearing, or after the\nhearing and before judgment.\n(2) However, if the appeal is to be decided by written cases under part 5.8\n(Written cases), an appellant may discontinue the appeal or a part of\nthe appeal—\n(a) without the Court of Appeal’s leave, at any time before, or on,\nthe last day that the appellant may file written submissions under\nor\n(b) only with the Court of Appeal’s leave, at any time after the last\nday mentioned in paragraph (a), but before judgment.\n(3) The appellant may discontinue the appeal by filing a notice of\ndiscontinuance in the court, and serving a stamped copy of the notice\non each party to the appeal.\nNote See approved form 5.15 (Court of Appeal—notice of discontinuance)\nAF2015-59.\n(4) If the appeal or a part of the appeal is discontinued—\n(a) the appeal or part of the appeal is abandoned by the appellant;\nand\n(b) the discontinuance does not affect any other appellant in the\n(5) If the appeal or a part of the appeal is discontinued in a civil\nproceeding, the appellant must pay the costs of the other parties\ncaused by the appeal or part of the appeal discontinued, unless the\nCourt of Appeal otherwise orders.\n(6) The Court of Appeal may make an order under subrule (5) on\napplication by a party to the appeal or on its own initiative.\n\nDivision 5.4.6 Appeals to Court of Appeal—ending all or part of appeal\nRule 5472\n","sortOrder":1260},{"sectionNumber":"5472","sectionType":"section","heading":"Appeals to Court of Appeal—competency of appeal","content":"5472 Appeals to Court of Appeal—competency of appeal\n(1) A respondent to the appeal may apply to the Court of Appeal at any\ntime for an order striking out the appeal as incompetent.\n(2) The burden of establishing the competency of the appeal is on the\n","sortOrder":1261},{"sectionNumber":"5473","sectionType":"section","heading":"Appeals to Court of Appeal—costs for failure to apply for","content":"5473 Appeals to Court of Appeal—costs for failure to apply for\nappeal to be struck out as incompetent\n(1) This rule applies if a respondent to the appeal does not make an\napplication under rule 5472 (1) and the appeal is struck out by the\nCourt of Appeal as incompetent.\n(2) The respondent must not receive any costs of the appeal, unless the\nCourt of Appeal otherwise orders.\n(3) The Court of Appeal may order that the respondent pay the appellant\nany costs of the appeal wasted because of the respondent’s failure to\nmake an application under rule 5472 (1).\n(4) The Court of Appeal may make an order under this rule on application\nby a party to the appeal or on its own initiative.\n","sortOrder":1262},{"sectionNumber":"5474","sectionType":"section","heading":"Appeals to Court of Appeal—dismissal by consent","content":"5474 Appeals to Court of Appeal—dismissal by consent\n(1) The parties to the appeal may agree that the appeal be dismissed by\n(2) Rule 1612 (Orders—by consent in proceeding) applies, with any\nnecessary changes, to an order for the dismissal of the appeal by\n\nAppeals to Court of Appeal—ending all or part of appeal Division 5.4.6\nRule 5475\n(3) Without limiting subrule (2), the order may provide that—\n(a) an amount secured for the costs of the appeal be paid to a party\nstated in the order; or\n(b) the appellant pay the respondent’s costs of the appeal to be\nassessed; or\n(c) the appellant pay the respondent’s costs of the appeal agreed as\na stated amount; or\n(d) the appellant pay the respondent’s costs of the appeal, to be\nsatisfied from an amount secured for the costs of the appeal with\nany balance to be paid to a stated party or the party’s solicitor;\nor\n(e) there be no order for the costs of the appeal.\n(4) Unless the Court of Appeal otherwise orders in relation to an amount\nsecured for the costs of the appeal, on the dismissal of the appeal, the\nregistrar may pay the amount to the successful respondent.\n(5) The payment may be made to the solicitor on the record for the\n","sortOrder":1263},{"sectionNumber":"5475","sectionType":"section","heading":"Appeals to Court of Appeal—consent orders","content":"5475 Appeals to Court of Appeal—consent orders\nIf the parties agree about the substantive orders the Court of Appeal\nwill be asked to make by consent, but do not agree about the order for\ncosts, the appeal may be listed for hearing even though the appeal\npapers have not been settled.\n\nRule 5500\nDivision 5.4.7 Appeals to Court of Appeal—\nconvictions and sentences\nSubdivision 5.4.7.1 Appeals to Court of Appeal—convictions\nand sentences preliminary\n5500 Definitions—div 5.4.7\nappeal means an appeal against a conviction recorded, or sentence\nimposed, by the court.\nNote Conviction and sentence are defined in r 5000 (Definitions—ch 5).\nconvicted person means—\n(a) for a conviction—the person against whom the conviction was\nrecorded; or\n(b) for a sentence—the person on whom the sentence was imposed.\nout of time, for a conviction or sentence, means more than 28 days\nafter the day the conviction was recorded or sentence was imposed.\n","sortOrder":1264},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"4.7.2 Appeals to Court of Appeal—leave to","content":"Subdivision 5.4.7.2 Appeals to Court of Appeal—leave to\nappeal out of time by convicted person\n","sortOrder":1265},{"sectionNumber":"5505","sectionType":"section","heading":"Application—sdiv 5.4.7.2","content":"5505 Application—sdiv 5.4.7.2\nThis subdivision applies to an application by the convicted person for\na conviction or sentence for leave to appeal to the Court of Appeal\nout of time against the conviction or sentence.\n\nRule 5506\n","sortOrder":1266},{"sectionNumber":"5506","sectionType":"section","heading":"Appeals to Court of Appeal—application for leave to","content":"5506 Appeals to Court of Appeal—application for leave to\nappeal out of time against conviction or sentence\n(1) The application must be made to the registrar in the first instance.\nNote See approved form 5.16 (Court of Appeal—application to registrar for\nleave to appeal out of time against conviction or sentence) AF2006-400.\n(2) Part 6.2 (Applications in proceedings) applies to the application as\nif—\n(3) The application must be accompanied by—\n(4) If the convicted person wants to present the person’s case in writing\nunder part 5.8 (Written cases) the application must state that the\nperson wants to do so.\n","sortOrder":1267},{"sectionNumber":"5507","sectionType":"section","heading":"Appeals to Court of Appeal—application for leave to","content":"5507 Appeals to Court of Appeal—application for leave to\nappeal out of time against conviction or sentence to be\nThe registrar must seal the application and any filed copies of the\nNote The registrar may reject an application that is filed (see r 6140 (Rejecting\ndocuments—noncompliance with rules etc) and r 6142 (Rejecting\ndocuments—abuse of process etc)).\n\nRule 5508\n","sortOrder":1268},{"sectionNumber":"5508","sectionType":"section","heading":"Appeals to Court of Appeal—serving application for leave","content":"5508 Appeals to Court of Appeal—serving application for leave\nto appeal out of time against conviction or sentence\nThe convicted person must serve the following on the director of\npublic prosecutions not later than 5 days after the day the application\nis filed:\nNote Rule 5533 (Appeals to Court of Appeal—service if convicted person in\ncustody and unrepresented) deals with the service of documents if the\nconvicted person is in custody and not represented by a lawyer.\n","sortOrder":1269},{"sectionNumber":"5509","sectionType":"section","heading":"Appeals to Court of Appeal—response by DPP to","content":"5509 Appeals to Court of Appeal—response by DPP to\napplication for leave to appeal out of time against\n(1) The director of public prosecutions must file a response to the\nNote See approved form 5.17 (Court of Appeal—response by Director of\nPublic Prosecutions) AF2006-401.\n(2) The response must state—\n(a) whether the director opposes, consents to, or does not oppose,\n(b) whether the director proposes to file any affidavits in response\nto the application; and\n(c) an address for service.\n(3) The director of public prosecutions must file the response, and serve\na stamped copy on the convicted person, not later than 7 days after\nthe day the application is served on the director.\n\nRule 5510\n(4) If the director of public prosecutions wants to present evidence, the\ndirector must file the director’s affidavits, and serve them on the\nconvicted person, not later than 14 days after the day the application\nis served on the director.\n","sortOrder":1270},{"sectionNumber":"5510","sectionType":"section","heading":"Appeals to Court of Appeal—registrar’s decision on","content":"5510 Appeals to Court of Appeal—registrar’s decision on\napplication for leave to appeal out of time against\n(1) The registrar must tell the convicted person, and the director of public\nprosecutions, of the registrar’s decision to give or refuse leave to\nappeal out of time.\n(2) If the registrar gives leave, the director of public prosecutions may\napply to the Court of Appeal for an order that the application\nmentioned in rule 5505 (Application—sdiv 5.4.7.2) be refused.\n(3) If the registrar refuses leave—\n(a) the registrar must give the convicted person a copy of the form\nto be used for applying to the Court of Appeal when telling the\nperson about the refusal; and\n(b) the convicted person may apply to the Court of Appeal to have\nthe application mentioned in rule 5505 decided by the Court of\nAppeal.\nNote 1 Pt 6.2 (Applications in proceedings) applies to the application to\nNote 2 See approved form 5.18 (Court of Appeal—application for leave\nto appeal out of time against conviction or sentence) AF2006-402.\n(4) The application to the Court of Appeal must be filed not later than 14\ndays after the day the convicted person is told about the registrar’s\n\nRule 5520\nSubdivision 5.4.7.3 Appeals to Court of Appeal—leave to\nappeal out of time by DPP\n","sortOrder":1271},{"sectionNumber":"5520","sectionType":"section","heading":"Application of div 5.4.3 to certain appeals by DPP","content":"5520 Application of div 5.4.3 to certain appeals by DPP\nFor these rules, division 5.4.3 (Appeals to Court of Appeal—leave to\nappeal out of time from final judgments) applies to an application for\nleave to appeal out of time against sentence by the director of public\nprosecutions as if—\n(a) a reference to a final judgment were a reference to a sentence;\nand\nSubdivision 5.4.7.4 Appeals to Court of Appeal—convictions\nand sentences generally\n","sortOrder":1272},{"sectionNumber":"5530","sectionType":"section","heading":"Appeals to Court of Appeal—treating application for leave","content":"5530 Appeals to Court of Appeal—treating application for leave\nto appeal out of time against conviction or sentence as\nIf an application for leave to appeal out of time against conviction or\nsentence is made by the convicted person to the Court of Appeal, the\ncourt may treat the hearing of the application as the hearing of the\n","sortOrder":1273},{"sectionNumber":"5531","sectionType":"section","heading":"Appeals to Court of Appeal—grounds of appeal against","content":"5531 Appeals to Court of Appeal—grounds of appeal against\nUnless the Court of Appeal otherwise orders, the following must not\nbe allowed as a ground for appeal against conviction or sentence\nunless objection was taken at the trial by the party appealing:\n(a) a direction given by the trial judge;\n(b) the trial judge’s failure to give a direction;\n\nRule 5532\n(c) the trial judge’s decision about the admission or rejection of\n","sortOrder":1274},{"sectionNumber":"5532","sectionType":"section","heading":"Appeals to Court of Appeal—trial judge’s report for","content":"5532 Appeals to Court of Appeal—trial judge’s report for\nappeal against conviction or sentence\n(1) During the hearing of an appeal against conviction or sentence, the\nCourt of Appeal may ask the trial judge to give the court (through the\nregistrar) a report on any aspect of the case.\n(2) The report is not available for inspection by the parties or anyone else\nunless the Court of Appeal otherwise orders on application by a party\nto the appeal or on its own initiative.\n","sortOrder":1275},{"sectionNumber":"5533","sectionType":"section","heading":"Appeals to Court of Appeal—service if convicted person","content":"5533 Appeals to Court of Appeal—service if convicted person\nin custody and unrepresented\n(1) This rule applies to an application or appeal under this part in relation\nto a conviction or sentence if the convicted person—\n(a) is in custody; and\n(2) A document required or allowed under these rules to be served by the\nconvicted person for the application or appeal may be served on the\nregistrar for service by the registrar on another party.\n(3) A document required or allowed under these rules to be served on the\nconvicted person for the application or appeal may be served by\nleaving the document with the person in charge of the place where the\nperson is in custody.\n\nRule 5534\n(4) If a document mentioned in subrule (3) is served by the registrar, the\ndocument may be served—\n(a) by sending a copy by prepaid post to the place where the\nconvicted person is in custody, addressed to the person in charge\nof the place; or\n","sortOrder":1276},{"sectionNumber":"5534","sectionType":"section","heading":"Appeals to Court of Appeal—written case and presence if","content":"5534 Appeals to Court of Appeal—written case and presence if\nconvicted person appellant\n(1) This rule applies to an application or appeal under this part in relation\nto a conviction or sentence if the convicted person is the applicant or\n(2) The convicted person may present the person’s case to the Court of\nAppeal in writing if the person wants to, whether or not the\nrespondent director of public prosecutions presents his or her case in\nNote The convicted person must state that the person wants to present his or\nher case in writing. See, eg, r 5506 (4) (Appeals to Court of Appeal—\napplication for leave to appeal out of time against conviction or sentence).\n(3) If the convicted person presents his or her case in writing, the person\nneed not appear or be present at the hearing of the application or\nappeal unless the Court of Appeal otherwise orders.\n\nRule 5535\n(4) If the convicted person is in custody, is not represented by a legal\npractitioner and does not present his or her case in writing, the person\nis entitled to be present at the hearing of the application or appeal in\nthe way that the Court of Appeal orders.\n(5) The Court of Appeal may order that the convicted person be\npresent—\n(6) The Court of Appeal may make an order under this rule on application\nby a party to the application or appeal or on its own initiative.\n","sortOrder":1277},{"sectionNumber":"5535","sectionType":"section","heading":"Appeals to Court of Appeal—order for production of","content":"5535 Appeals to Court of Appeal—order for production of\noffender\n(1) The Court of Appeal may make the following orders in relation to the\nhearing of an application or appeal under this part in relation to a\nconviction or sentence:\n(a) an order requiring the production of a person who is in custody;\n(b) an order about the continuing custody of a person who is in\ncustody.\nNote See approved form 5.19 (Court of Appeal—order for production of\noffender) AF2006-403.\n(2) The Court of Appeal may order that the person in custody be\nproduced—\n\nRule 5536\n(3) The Court of Appeal may make an order under this rule on application\nby a party to the application or appeal or on its own initiative.\n","sortOrder":1278},{"sectionNumber":"5536","sectionType":"section","heading":"Appeals to Court of Appeal—fine paid to be kept pending","content":"5536 Appeals to Court of Appeal—fine paid to be kept pending\n(1) This rule applies if the convicted person for a conviction or sentence\nis sentenced to pay a fine.\n(2) If the convicted person appeals against the conviction or sentence,\nany amount paid by the person as the fine, or part of the fine, must be\nkept by the person authorised to receive the fine until the appeal is\nfinally decided.\n(3) If the convicted person has paid an amount mentioned in subrule (2),\nand the person’s appeal is upheld, the person is entitled to a refund,\nunless the Court of Appeal otherwise orders.\napplication), an application for an order otherwise ordering under\nsubrule (3) may be made orally, unless the Court of Appeal otherwise\norders on application by a party to the appeal or on its own initiative.\nfine includes an amount for costs or any other amount ordered to be\npaid by the convicted person in relation to an offence.\n1 a financial penalty imposed by a court for an offence\n2 a fee or charge payable to the Territory that is imposed by a court in a\nproceeding for an offence\n3 costs payable to the Territory under a court order in a proceeding for an offence\n\nRule 5539\n4 a levy imposed under the Victims of Crime (Financial Assistance) Act 2016\n5 an amount payable under a reparation order under the Crimes (Sentencing)\nAct 2005, section 19 (Reparation orders—losses and expenses generally)\n","sortOrder":1279},{"sectionNumber":"5539","sectionType":"section","heading":"Appeals to Court of Appeal—notification of result of","content":"5539 Appeals to Court of Appeal—notification of result of\nappeal against conviction etc\n(1) For an application or appeal under this part in relation to a conviction\nor sentence, the registrar must give notice—\n(a) to each relevant person about the final decision made on the\napplication or appeal; and\n(b) to each party to the application or appeal, or anyone else the\nregistrar considers appropriate, about an order made in relation\nto the application or appeal.\n(2) However, the registrar need only give notice to a person mentioned\nin subrule (1) if the person was not present when the application or\nappeal was decided, or the order made.\npresent means—\n(a) present in person; or\n(b) present by audiovisual link or audio link.\nrelevant person means—\n(a) a party to the application or appeal; or\n(b) the judge who gave the order appealed from; or\n(c) anyone else the registrar considers appropriate.\n\nRule 5600\nDivision 5.4.8 Appeals to Court of Appeal—\nmiscellaneous\n","sortOrder":1280},{"sectionNumber":"5600","sectionType":"section","heading":"Appeals to Court of Appeal—power to amend","content":"5600 Appeals to Court of Appeal—power to amend\nproceedings in court below\nThe Court of Appeal may amend the proceeding in which the order\nappealed from under this part was made.\n","sortOrder":1281},{"sectionNumber":"5601","sectionType":"section","heading":"Appeals to Court of Appeal—expediting appeals etc","content":"5601 Appeals to Court of Appeal—expediting appeals etc\n(1) The Court of Appeal may, at any time, make any order the Court of\nAppeal considers just to expedite an appeal or application under this\n(2) A party wanting leave to appeal under this part may apply to the Court\nof Appeal for an order that the application for leave to appeal be heard\nwith, or immediately before, the hearing of the appeal, and for any\nconsequential orders.\n","sortOrder":1282},{"sectionNumber":"5602","sectionType":"section","heading":"Appeals to Court of Appeal—directions about appeal etc","content":"5602 Appeals to Court of Appeal—directions about appeal etc\n(1) At any time after the filing in the court of a notice of appeal or\napplication for leave to appeal (or leave to appeal out of time) under\nthis part, the Court of Appeal may give directions in relation to the\nconduct of the appeal or application (including, for the application,\nthe appeal if leave is given), even though the direction may be\ninconsistent with another provision of these rules.\n(2) The Court of Appeal may give a direction under this rule on\napplication by a party to the appeal or application or on its own\ndirections or to amend or revoke a direction.\n\nRule 5603\n(5) The Court of Appeal may at any time amend or revoke a direction\nmade under this rule on application by a party or on its own initiative.\n(6) The powers of the Court of Appeal under this rule are additional to\nany other powers of the Court of Appeal under a territory law.\n","sortOrder":1283},{"sectionNumber":"5603","sectionType":"section","heading":"Appeals to Court of Appeal—want of prosecution of","content":"5603 Appeals to Court of Appeal—want of prosecution of\nthis part; or\nout of time) under this part, and includes a convicted person’s\napplication; or\n(c) an application for leave to file a notice of appeal under rule 5405\n(2) (Appeals to Court of Appeal—time for filing notice of\n(a) a person applying for further time to apply for leave to appeal\n(b) an applicant for leave to appeal (or leave to appeal out of time)\n(c) the convicted person for a conviction or sentence applying for\nleave to appeal under subdivision 5.4.7.2 (Appeals to Court of\nAppeal—leave to appeal out of time by convicted person); or\n\nRule 5603\n(d) an applicant for leave to file a notice of appeal under\nrule 5405 (2); or\n(e) a person appealing under this part.\nconvicted person’s application means an application under\nsubdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out\nof time by convicted person) by the convicted person for a conviction\nor sentence.\n(2) This rule applies if an appellant—\n(a) has not done anything required to be done under these rules\nduring a period of 3 months after the day the requirement arises;\nor\n(b) otherwise has not prosecuted the appellant’s appeal with\nappropriate effort during a period of 3 months after the day the\nlast step in the proceeding was taken.\n(3) The Court of Appeal may—\n(a) order that the appeal be dismissed for want of prosecution and\nconfirm the order appealed from; or\n(b) on its own initiative, set a time for the doing of a thing required\nto be done in relation to the appeal and—\n(i) at the same time order that, if the appellant does not do the\nthing within the time, the appeal will be dismissed for want\nof prosecution and the order appealed from confirmed; or\n(ii) if the appellant does not do the thing within the time—\norder that the appeal be dismissed for want of prosecution\nand confirm the order appealed from; or\n(c) make any other order the Court of Appeal considers just.\n\nRule 5604\n(4) A respondent may apply to the Court of Appeal to require the\nappellant to show cause why the appeal should not be dismissed for\nwant of prosecution.\n(5) On the hearing of the application, the Court of Appeal may make an\norder mentioned in subrule (3).\n(6) An order mentioned in subrule (3) (b) may be amended at any time\nbefore the appeal is dismissed for want of prosecution and, in special\ncircumstances, may be amended or revoked after that time.\n","sortOrder":1284},{"sectionNumber":"5604","sectionType":"section","heading":"When Court of Appeal may be constituted by single","content":"5604 When Court of Appeal may be constituted by single\njudge—Supreme Court Act 1933, s 37J (1) (h)\nThe Court of Appeal may be constituted by a single judge in relation\nto hearing and deciding the dismissal of an appeal under this part for\nany of the following reasons:\n(a) the appeal is incompetent;\n(b) the notice of appeal does not contain any coherent or arguable\nground of appeal;\n(c) the appellant has failed to comply with any relevant rules of\ncourt or practice note;\n(d) the appellant has failed to comply with a direction of the Court\nof Appeal;\n(e) the appellant has failed to provide security for costs in\naccordance with an order of the Court of Appeal.\n\nRule 5605\n","sortOrder":1285},{"sectionNumber":"5605","sectionType":"section","heading":"Jurisdiction of Court of Appeal that may be exercised by","content":"5605 Jurisdiction of Court of Appeal that may be exercised by\nsingle judge—Supreme Court Act 1933, s 37J (3)\nThe jurisdiction and powers of the Court of Appeal may be exercised\nby a single judge in the following proceedings:\n(a) an application by the director of public prosecutions under\nrule 5510 (2) (Appeals to Court of Appeal—registrar’s decision\non application for leave to appeal out of time against conviction\nor sentence);\n(b) an application by the applicant under rule 5510 (3) (b).\n","sortOrder":1286},{"sectionNumber":"5606","sectionType":"section","heading":"Appeals to Court of Appeal—further evidence on appeal","content":"5606 Appeals to Court of Appeal—further evidence on appeal\n(a) to an application to the Court of Appeal to receive evidence on\na hearing of an appeal under this part in addition to evidence in\nthe proceeding appealed from; and\n(b) unless the Court of Appeal otherwise orders.\n(2) The application must be made on the hearing of the appeal.\n(3) Not later than 28 days before the day set for the start of the hearing of\nthe appeal, the applicant must file 1 or more affidavits stating—\n(a) the grounds of the application; and\n(b) any evidence necessary to establish the grounds of the\n(c) any evidence that the applicant wants the Court of Appeal to\nreceive.\n(4) The evidence of any other party to the appeal must be given by\naffidavit filed in the court not later than 7 days before the day set for\nthe start of the hearing of the appeal.\n\nRule 5607\n(5) A party to the appeal must, not later than the time for the party to file\nan affidavit under this rule—\n(a) file the number of copies of the affidavit that the registrar\ndirects; and\n(b) serve a stamped copy of the affidavit on each other party to the\n(6) If the Court of Appeal orders that it will receive the evidence in the\nappeal, and the evidence is to be given by an expert witness, the\nfollowing rules apply, with necessary changes, to the appeal:\n• division 2.12.2 (Multiple expert witnesses for same issue)\n• rule 1242 (Supplementary expert reports)\n• rule 1243 (Expert evidence to be covered by expert report)\n• rule 1244 (Expert reports admissible as evidence of opinion etc)\n• rule 1245 (Requiring attendance of expert for cross-examination\netc)\n• rule 1246 (Tender of expert report).\n","sortOrder":1287},{"sectionNumber":"5607","sectionType":"section","heading":"Appeals to Court of Appeal—keeping exhibits","content":"5607 Appeals to Court of Appeal—keeping exhibits\n(1) This rule applies in relation to an appeal or application to the Court\nof Appeal under this part.\n(2) Unless the Court of Appeal or the court otherwise orders, the registrar\nmust keep the exhibits in the proceeding until 28 days after the day\nthe appeal is disposed of.\n(3) However, the register may permit a document or thing to be removed\nfrom the registry in accordance with rule 6767 (Power to allow\nremoval of exhibits etc).\n\nRule 5700\nPart 5.5 Orders to review Magistrates\nCourt decisions\n","sortOrder":1288},{"sectionNumber":"5700","sectionType":"section","heading":"Meaning of review order—pt 5.5","content":"5700 Meaning of review order—pt 5.5\nreview order means an order nisi to review a decision of the\nMagistrates Court mentioned in the Magistrates Court Act 1930,\nsection 219B (Appeals by way of orders to review).\n","sortOrder":1289},{"sectionNumber":"5701","sectionType":"section","heading":"Review orders—application for order","content":"5701 Review orders—application for order\n(1) An application for a review order must be—\n(a) made to the Supreme Court not later than the time mentioned in\nthe Magistrates Court Act 1930, section 219C (1) (Grant of\norder nisi to review); and\n(b) made without notice to another party; and\n(c) supported by an affidavit under rule 5702.\n(2) Part 6.2 (Applications in proceedings) applies to an application for a\nreview order as if—\nan application for a review order; and\napplication), an application under this rule may be made orally, unless\nthe court otherwise orders on application by a party or on its own\n\nOrders to review Magistrates Court decisions Part 5.5\nRule 5702\n","sortOrder":1290},{"sectionNumber":"5702","sectionType":"section","heading":"Review orders—affidavits","content":"5702 Review orders—affidavits\nThe affidavit must set out—\n(a) the material circumstances; and\n(b) each statutory ground relied on; and\n(c) a brief statement of the matter relied on for each ground.\n","sortOrder":1291},{"sectionNumber":"5703","sectionType":"section","heading":"Review orders—service of applications","content":"5703 Review orders—service of applications\nThe Supreme Court may, on its own initiative, order that notice of an\napplication for a review order be given to anyone interested in\nmaintaining the relevant decision of the Magistrates Court.\n","sortOrder":1292},{"sectionNumber":"5704","sectionType":"section","heading":"Review orders—parties","content":"5704 Review orders—parties\nA party served with an application for a review order is entitled to be\nheard on the application.\n","sortOrder":1293},{"sectionNumber":"5705","sectionType":"section","heading":"Review orders—service of review order","content":"5705 Review orders—service of review order\n(1) Not later than 7 days after the day a review order is made or not later\nthan any further time allowed by the Supreme Court, the order, and\naffidavit mentioned in rule 5702 (Review orders—affidavits), must\nbe—\n(a) served on each person called on by the order to show cause; and\n(b) if the court orders service under rule 5703 (Review orders—\nservice of applications) on anyone else—served on the person;\nand\n(c) given to the registrar of the Magistrates Court.\n(2) The Supreme Court may allow further time under subrule (1) on\nNote Pt 6.2 (Applications in proceedings) applies to an application for further\n\nRule 5706\n","sortOrder":1294},{"sectionNumber":"5706","sectionType":"section","heading":"Review orders—notice of intention to respond to review","content":"5706 Review orders—notice of intention to respond to review\n(1) This rule applies if a person served with a review order wants to\noppose the making absolute of the order, or be heard in that\n(2) The person must file in the court a notice of intention to respond in\naccordance with division 2.3.1 (Notice of intention to respond and\ndefence—general) as if—\n(a) the order were an originating application; and\n(b) the person were a defendant; and\n(c) the applicant for the order were the plaintiff; and\n","sortOrder":1295},{"sectionNumber":"5707","sectionType":"section","heading":"Review orders—security for costs","content":"5707 Review orders—security for costs\n(1) This rule applies if the Supreme Court makes a review order under\nthe Magistrates Court Act 1930, section 219C (2) (Grant of order nisi\nto review).\n(2) The Supreme Court may order that the person on whose application\nthe review order is made give the security it considers appropriate for\nthe costs of the proceeding.\n(3) The security must be given not later than the time stated in the order\nor not later than any further time allowed by the Supreme Court.\nNote Pt 6.2 (Applications in proceedings) applies to an application for further\n(4) If the security is not given under the order, the Supreme Court may,\non application by the person called on to show cause by the review\norder, revoke the review order.\n\nOrders to review Magistrates Court decisions Part 5.5\nRule 5708\n(5) Rule 1903 (Security for costs—way security given) and rule 1906\n(Security for costs—finalising security) apply to security ordered to\nbe given under this rule as if—\n(a) the applicant for the review order were the plaintiff; and\n(b) the person called on to show cause by the review order were the\ndefendant; and\n(6) If the security is given by bond, and the appellant is ordered to pay\nthe costs of the proceeding to the respondent, the registrar must assign\nthe bond to the respondent so the respondent may enforce it.\n","sortOrder":1296},{"sectionNumber":"5708","sectionType":"section","heading":"Review orders—stay","content":"5708 Review orders—stay\n(1) This rule applies if the Supreme Court makes a review order under\nthe Magistrates Court Act 1930, section 219C (2) (Grant of order nisi\nto review).\n(2) The Supreme Court may—\n(a) order that the enforcement of the decision of the Magistrates\nCourt be stayed pending the hearing of the review order; and\n(b) if the appellant is in custody and is not detained for any other\nreason—grant the appellant bail in accordance with the Bail Act\n1992; and\n(c) if the review order is made in relation to a decision of a kind\nmentioned in the Magistrates Court Act 1930, section 219B (1)\n(d) or (e) and, after making that decision, the Magistrates Court\nhas, under the Crimes Act 1900, section 375 (Summary disposal\nof certain cases), heard and decided a case and sentenced or\notherwise dealt with the defendant according to law—order that\nthe enforcement of any further decision made by the Magistrates\nCourt in relation to the case be stayed.\n\nRule 5709\n(3) If the Supreme Court makes a review order in relation to an\napplication by the informant in relation to a decision of the\nMagistrates Court of a kind mentioned in the Magistrates Court\nAct 1930, section 219B (1) (d) or (e), the proceeding in the\nMagistrates Court is stayed until the proceeding in the Supreme Court\nis finished, abandoned or discontinued.\n","sortOrder":1297},{"sectionNumber":"5709","sectionType":"section","heading":"Review orders—non-appearance of applicant","content":"5709 Review orders—non-appearance of applicant\nIf the person on whose application the review order has been made\nunder the Magistrates Court Act 1930, section 219C (2) (Grant of\norder nisi to review) fails to appear on the date stated in the order or\non any date to which the hearing is adjourned, the Supreme Court\nmay revoke the order on its own initiative.\n","sortOrder":1298},{"sectionNumber":"5710","sectionType":"section","heading":"Review orders—application to revoke review order","content":"5710 Review orders—application to revoke review order\n(1) An application to revoke a review order must be supported by\n(2) An application to revoke a review order, together with any supporting\naffidavit, must be served on—\n(a) the applicant for the order; and\n(b) anyone the court orders to be served under rule 5703 (Review\norders—service of applications).\n\nReference appeals—Supreme Court Division 5.6.1\nRule 5750\n","sortOrder":1299},{"sectionNumber":"5750","sectionType":"section","heading":"Definitions—div 5.6.1","content":"5750 Definitions—div 5.6.1\napplicant—see the Magistrates Court Act 1930, section 219AB (2)\nNote The applicant for a reference appeal is the Attorney-General or director\nof public prosecutions.\ninterested party—see the Magistrates Court Act 1930,\nsection 219AC (1).\nNote An interested party, for a reference appeal arising from a trial, is a person\ncharged at the trial, or a person who seeks to be heard if the Supreme\nCourt is satisfied that the person has a sufficient interest in the appeal to\nbe heard.\nreference appeal means an appeal under the Magistrates Court\nAct 1930, section 219AB (2).\n","sortOrder":1300},{"sectionNumber":"5751","sectionType":"section","heading":"Reference appeals to Supreme Court—application for","content":"5751 Reference appeals to Supreme Court—application for\n(1) An application for a reference appeal must—\n(a) state the grounds of the application; and\n(b) state the question of law to be decided.\nNote See approved form 5.22 (Supreme Court—application for reference\nappeal) AF2006-406.\n(2) An application for a reference appeal must be filed in the Supreme\nCourt not later than 6 weeks after the day the trial ends, or not later\nthan any further time the court allows.\n\nRule 5752\n(3) Part 6.2 (Applications in proceedings) applies to an application for\nfurther time as if—\nan application for further time; and\n","sortOrder":1301},{"sectionNumber":"5752","sectionType":"section","heading":"Reference appeals to Supreme Court—service of","content":"5752 Reference appeals to Supreme Court—service of\napplication etc for reference appeal\nA sealed copy of the application must be served on each interested\nparty within 7 days after the day the application is filed in the\n","sortOrder":1302},{"sectionNumber":"5753","sectionType":"section","heading":"Reference appeals to Supreme Court—notice of intention","content":"5753 Reference appeals to Supreme Court—notice of intention\nto respond by interested party\n(1) An interested party may file in the Supreme Court a notice of\nintention to respond in accordance with division 2.3.1 (Notice of\nintention to respond and defence—general) as if—\n(b) the party were a defendant; and\n(c) the applicant were the plaintiff; and\n(2) If an interested party is not represented in the appeal, the applicant\nmust instruct counsel to represent the party and file the notice of\nintention to respond as mentioned in subrule (1).\n\nReference appeals—Supreme Court Division 5.6.1\nRule 5754\n","sortOrder":1303},{"sectionNumber":"5754","sectionType":"section","heading":"Reference appeals to Supreme Court—discontinuance of","content":"5754 Reference appeals to Supreme Court—discontinuance of\n(1) The applicant may discontinue the reference appeal or a part of the\n(a) without the Supreme Court’s leave, at any time before the\nhearing of the reference appeal; or\n(b) only with the Supreme Court’s leave, at the hearing, or after the\nhearing and before the decision is made on the reference appeal.\n(2) However, if the reference appeal is to be decided by written cases\nunder part 5.8 (Written cases), the applicant may discontinue the\nreference appeal or a part of the reference appeal—\n(a) without the Supreme Court’s leave, at any time before, or on,\nthe last day that the applicant may file written submissions under\nor\n(b) only with the Supreme Court’s leave, at any time after the last\nday mentioned in paragraph (a), but before the decision is made\non the reference appeal.\n(3) The applicant may discontinue the reference appeal by filing a notice\nof discontinuance in the Supreme Court, and serving a stamped copy\nof the notice on each interested party.\n(4) If the reference appeal or a part of the reference appeal is\ndiscontinued, the appeal or part of the appeal is abandoned by the\n\nRule 5755\n","sortOrder":1304},{"sectionNumber":"5755","sectionType":"section","heading":"Reference appeals to Supreme Court—application of","content":"5755 Reference appeals to Supreme Court—application of\ncertain rules to reference appeals\n(1) The provisions mentioned in subrule (2) apply to a reference appeal\n(a) a reference to an appeal were a reference to the reference appeal;\nand\n(b) a reference to the appellant were a reference to the applicant;\nand\n(c) a reference to the respondent were a reference to each interested\n(d) a reference to a notice of appeal were a reference to the\napplication for a reference appeal; and\n(e) any other necessary changes were made to those provisions or\nany other provisions of these rules.\n(2) The provisions applying to reference appeals are as follows:\n• rule 5104 (Appeals to Supreme Court—notice of appeal to be\n• rule 5106 (Appeals to Supreme Court—date for settlement of\nappeal papers)\n• rule 5111 (Appeals to Supreme Court—amending notice of\n• rule 5130 (Appeals to Supreme Court—draft index of appeal\n• rule 5131 (Appeals to Supreme Court—settlement of appeal\n• rule 5132 (Appeals to Supreme Court—content of appeal papers)\n• rule 5133 (Appeals to Supreme Court—presentation of appeal\n• rule 5134 (Appeals to Supreme Court—filing and serving appeal\n\nReference appeals—Court of Appeal Division 5.6.2\nRule 5770\n• rule 5135 (Appeals to Supreme Court—setting appeal for\nhearing)\n• rule 5136 (Appeals to Supreme Court—changing appeal hearing\ndate)\n• rule 5137 (Appeals to Supreme Court—written summary and list\nfor appeal hearing)\n• rule 5138 (Appeals to Supreme Court—summaries of\narguments), other than subrule (1) (c)\n• rule 5139 (Appeals to Supreme Court—list of authorities,\nlegislation and texts)\n• rule 5140 (Appeals to Supreme Court—absence of party)\n• rule 5170 (Appeals to Supreme Court—abandonment of ground\n• rule 5194 (Appeals to Supreme Court—keeping exhibits).\n","sortOrder":1305},{"sectionNumber":"5770","sectionType":"section","heading":"Definitions—div 5.6.2","content":"5770 Definitions—div 5.6.2\napplicant—see the Supreme Court Act 1933, section 37S (2)\nNote The applicant for a reference appeal is the Attorney-General or director\nof public prosecutions.\ninterested party—see the Supreme Court Act 1933, section 37S (4).\nNote An interested party, for a reference appeal arising from a trial, is a person\ncharged at the trial or a person affected by any decision in the trial.\nreference appeal means an appeal under the Supreme Court\nAct 1933, section 37S.\n\nRule 5771\n","sortOrder":1306},{"sectionNumber":"5771","sectionType":"section","heading":"Reference appeals to Court of Appeal—application for","content":"5771 Reference appeals to Court of Appeal—application for\n(1) An application for a reference appeal must—\n(a) state the grounds of the application; and\n(b) state the question of law to be decided.\nNote See approved form 5.23 (Court of Appeal—application for reference\nappeal) AF2006-407.\n","sortOrder":1307},{"sectionNumber":"5772","sectionType":"section","heading":"Reference appeals to Court of Appeal—service of","content":"5772 Reference appeals to Court of Appeal—service of\napplication etc for reference appeal\nA sealed copy of the application must be served on each interested\nparty within 7 days after the day the application is filed in the court.\n","sortOrder":1308},{"sectionNumber":"5773","sectionType":"section","heading":"Reference appeals to Court of Appeal—notice of intention","content":"5773 Reference appeals to Court of Appeal—notice of intention\nto respond by interested party\n(1) An interested party may file in the court a notice of intention to\nrespond in accordance with division 2.3.1 (Notice of intention to\n(b) the party were a defendant; and\n(c) the applicant were the plaintiff; and\n(2) If an interested party is not represented in the appeal, counsel\ninstructed by the applicant under the Supreme Court Act 1933,\nsection 37S (5) represents the party and must file the notice of\nintention to respond as mentioned in subrule (1).\n\nReference appeals—Court of Appeal Division 5.6.2\nRule 5774\n","sortOrder":1309},{"sectionNumber":"5774","sectionType":"section","heading":"Reference appeals to Court of Appeal—discontinuance of","content":"5774 Reference appeals to Court of Appeal—discontinuance of\n(1) The applicant may discontinue the reference appeal or a part of the\n(a) without the Court of Appeal’s leave, at any time before the\nhearing of the reference appeal; or\n(b) only with the Court of Appeal’s leave, at the hearing, or after the\nhearing and before the decision is made on the reference appeal.\n(2) However, if the reference appeal is to be decided by written cases\nunder part 5.8 (Written cases), the applicant may discontinue the\nreference appeal or a part of the reference appeal—\n(a) without the Court of Appeal’s leave, at any time before, or on,\nthe last day that the applicant may file written submissions under\nor\n(b) only with the Court of Appeal’s leave, at any time after the last\nday mentioned in paragraph (a), but before the decision is made\non the reference appeal.\n(3) The applicant may discontinue the reference appeal by filing a notice\nof discontinuance in the court, and serving a stamped copy of the\nnotice on each interested party.\n(4) If the reference appeal or a part of the reference appeal is\ndiscontinued, the appeal or part of the appeal is abandoned by the\n\nRule 5775\n","sortOrder":1310},{"sectionNumber":"5775","sectionType":"section","heading":"Reference appeals to Court of Appeal—application of","content":"5775 Reference appeals to Court of Appeal—application of\ncertain rules to reference appeals\n(1) The rules mentioned in subrule (2) apply to a reference appeal as if—\n(a) a reference to an appeal were a reference to the reference appeal;\nand\n(b) a reference to the appellant were a reference to the applicant;\nand\n(c) a reference to the respondent were a reference to each interested\n(d) a reference to a notice of appeal were a reference to the\napplication for a reference appeal; and\n(e) any other necessary changes were made to those provisions or\nany other provisions of these rules.\n(2) The rules applying to reference appeals are as follows:\n• rule 5406 (Appeals to Court of Appeal—notice of appeal to be\n• rule 5408 (Appeals to Court of Appeal—date for settlement of\nappeal papers)\n• rule 5412 (Appeals to Court of Appeal—amending notice of\n• rule 5432 (Appeals to Court of Appeal—settlement of appeal\n• rule 5436 (Appeals to Court of Appeal—setting appeal for\nhearing)\n• rule 5437 (Appeals to Court of Appeal—changing appeal hearing\ndate)\n• rule 5441 (Appeals to Court of Appeal—absence of party)\n• rule 5470 (Appeals to Court of Appeal—abandonment of ground\n• rule 5607 (Appeals to Court of Appeal—keeping exhibits).\n\nQuestions referred—Supreme Court Division 5.7.1\nRule 5800\nDivision 5.7.1 Questions referred—Supreme Court\n","sortOrder":1311},{"sectionNumber":"5800","sectionType":"section","heading":"Application—div 5.7.1","content":"5800 Application—div 5.7.1\nThis division applies to a question referred to the Supreme Court from\na proceeding in another court or a tribunal (the referring court or\ntribunal), other than a reference appeal to which division 5.6.1\n(Reference appeals—Supreme Court) applies.\nNote 1 Div 2.15.3 (Separate decisions on questions) deals with questions for\ndecision of the Supreme Court from a proceeding in the Supreme Court.\nNote 2 Div 5.7.2 deals with a case stated or question reserved by the Supreme\nCourt for decision by the Court of Appeal.\nNote 3 Referring courts and tribunals are mentioned in table 5800.\nTable 5800 Referring courts and tribunals\nitem\nreferring court\nor tribunal\nfor special case\nlaw under which question\nreferred\n1 ACT civil and\nadministrative\njudge ACT Civil and Administrative\nTribunal Act 2008, s 84\n2 adjudicator judge Building and Construction\nIndustry (Security of Payment)\nAct 2009, s 43\n3 Magistrates Court judge Magistrates Court Act 1930,\ns 267\n\nDivision 5.7.1 Reference appeals—Supreme Court\nRule 5801\n","sortOrder":1312},{"sectionNumber":"5801","sectionType":"section","heading":"Definitions—div 5.7.1","content":"5801 Definitions—div 5.7.1\ninitiating party means—\n(a) the party who requested that the question be referred; or\n(b) if the question was referred by the referring court or tribunal on\nits own initiative and the court or tribunal is a party to the\nproceeding—the court or tribunal; or\n(c) if the question was referred by the referring court or tribunal on\nits own initiative and the court or tribunal is not a party to the\nproceeding—the entity that made the decision to which the\nproceeding before the referring court or tribunal relates.\nquestion referred, to the Supreme Court—a reference to a question\nreferred to the Supreme Court is a reference to a case stated to, or\nquestion reserved for, (however described) the Supreme Court.\nreferring court or tribunal—see rule 5800.\nSupreme Court means the Supreme Court otherwise than when it is\ntribunal includes any entity (other than a court) that may refer a\nquestion to the Supreme Court.\n","sortOrder":1313},{"sectionNumber":"5802","sectionType":"section","heading":"Question referred to Supreme Court—form","content":"5802 Question referred to Supreme Court—form\n(1) A question referred to the Supreme Court must be in the form of a\nspecial case.\nNote See approved form 5.24 (Supreme Court—special case) AF2006-408.\n(2) The special case must—\n(a) state the questions to be decided; and\n\nReference appeals—Supreme Court Division 5.7.1\nRule 5803\n(b) briefly state the facts, and be accompanied by all documents,\nnecessary to allow the Supreme Court to decide the questions\nraised by the special case; and\n(c) be divided into paragraphs numbered consecutively.\n(3) If the special case is to be presented in writing under part 5.8 (Written\ncases), the special case must state that it is to be presented in that way.\n","sortOrder":1314},{"sectionNumber":"5803","sectionType":"section","heading":"Special case to Supreme Court—preparation and settling","content":"5803 Special case to Supreme Court—preparation and settling\nUnless the referring court or tribunal otherwise directs, the special\ncase must—\n(a) be prepared in draft by the initiating party after consultation with\neach other active party; and\n(b) contain an address for service for each active party; and\n(c) be settled by the referring court or tribunal; and\n(d) be served on each active party; and\n(e) be filed in the Supreme Court by the initiating party on behalf of\nthe referring court or tribunal.\n","sortOrder":1315},{"sectionNumber":"5804","sectionType":"section","heading":"Special case to Supreme Court—person with legal","content":"5804 Special case to Supreme Court—person with legal\ndisability\n(1) If a person with a legal disability is a party to the special case, the\nspecial case must not be set down for hearing without the Supreme\nCourt’s leave.\n(2) The application for leave must be supported by sufficient evidence\nthat the statements contained in the special case are true, as far as they\naffect the interests of the person with a legal disability.\n\nDivision 5.7.1 Reference appeals—Supreme Court\nRule 5805\n","sortOrder":1316},{"sectionNumber":"5805","sectionType":"section","heading":"Special case to Supreme Court—directions hearing","content":"5805 Special case to Supreme Court—directions hearing\nAfter the special case is filed under rule 5803, the registrar must—\n(a) set a date for a directions hearing; and\n(b) tell the parties the date set for the directions hearing.\n","sortOrder":1317},{"sectionNumber":"5806","sectionType":"section","heading":"Special case to Supreme Court—setting down for hearing","content":"5806 Special case to Supreme Court—setting down for hearing\nAt the directions hearing, the registrar must—\n(a) if satisfied that all the active parties have been served with the\nspecial case, and the special case is ready for hearing—\n(i) set a date for the hearing of the special case; and\n(ii) tell the parties the date set for the hearing; or\n(b) adjourn the directions hearing.\n","sortOrder":1318},{"sectionNumber":"5807","sectionType":"section","heading":"Special case to Supreme Court—insufficient statement of","content":"5807 Special case to Supreme Court—insufficient statement of\ncase\n(1) This rule applies if it appears to the Supreme Court that the special\ncase does not state the facts, and be accompanied by the documents,\nnecessary to allow the Supreme Court to decide the questions raised\nby the special case or otherwise to hear and decide the proceeding on\nthe special case.\n(2) The Supreme Court may—\n(a) with each active party’s agreement, amend the special case; or\n(b) send the special case back to the initiating party for the party to\namend the special case in the way stated by the court; or\n(c) for a proceeding that is a civil proceeding—receive evidence,\nmake findings of fact, and amend the special case accordingly.\n\nQuestions referred—Court of Appeal Division 5.7.2\nRule 5808\n","sortOrder":1319},{"sectionNumber":"5808","sectionType":"section","heading":"Special case to Supreme Court—court can draw","content":"5808 Special case to Supreme Court—court can draw\ninferences\nFor a special case under this division, the Supreme Court may draw\nfrom the facts stated in, and the documents accompanying, the special\ncase any inference (of fact or law) that might have been drawn from\nthem if proved at a trial.\n","sortOrder":1320},{"sectionNumber":"5809","sectionType":"section","heading":"Special case to Supreme Court—agreement about","content":"5809 Special case to Supreme Court—agreement about\ndamages and costs\n(1) The parties to a special case may enter into a written agreement that,\non the Supreme Court’s decision in the affirmative or negative on the\nquestions raised by the special case, a stated amount must be paid by\na party to another party, either with or without costs of the proceeding.\n(2) Judgment may be given for the stated amount with or without costs,\nand the judgment may be enforced immediately unless otherwise\nagreed or stayed on appeal.\nstated amount means—\n(a) an amount agreed by the parties; or\n(b) an amount set by the Supreme Court; or\n(c) an amount set in the way agreed by the parties or as the Supreme\nCourt orders.\nDivision 5.7.2 Questions referred—Court of Appeal\n","sortOrder":1321},{"sectionNumber":"5830","sectionType":"section","heading":"Application—div 5.7.2","content":"5830 Application—div 5.7.2\nThis division applies to a question referred to the Court of Appeal\nfrom the Supreme Court, other than a reference appeal to which\ndivision 5.6.2 (Reference appeals—Court of Appeal) applies.\n\nDivision 5.7.2 Reference appeals—Court of Appeal\nRule 5831\n","sortOrder":1322},{"sectionNumber":"5831","sectionType":"section","heading":"Definitions—div 5.7.2","content":"5831 Definitions—div 5.7.2\nquestion referred, to the Court of Appeal—a reference to a question\nreferred to the Court of Appeal is a reference to a case stated, or\nquestion reserved, by the Supreme Court to the Court of Appeal.\nSupreme Court—\n(a) means the Supreme Court otherwise than when it is the Court of\nAppeal; but\n(i) a Full Court exercising appellate jurisdiction; or\n(ii) the registrar.\n","sortOrder":1323},{"sectionNumber":"5832","sectionType":"section","heading":"Question referred to Court of Appeal—form","content":"5832 Question referred to Court of Appeal—form\n(1) A question referred to the Court of Appeal must be in the form of a\nspecial case.\nNote See approved form 5.25 (Court of Appeal—special case) AF2015-60.\n(2) The special case must—\n(a) state the questions to be decided; and\n(b) briefly state the facts, and be accompanied by all documents,\nnecessary to allow the Court of Appeal to decide the questions\nraised by the special case; and\n(c) be divided into paragraphs numbered consecutively.\n(3) If the special case is to be presented in writing under part 5.8 (Written\ncases), the special case must state that it is to be presented in that way.\n\nReference appeals—Court of Appeal Division 5.7.2\nRule 5833\n","sortOrder":1324},{"sectionNumber":"5833","sectionType":"section","heading":"Special case to Court of Appeal—preparation and settling","content":"5833 Special case to Court of Appeal—preparation and settling\nUnless the Supreme Court otherwise orders, the special case must\nbe—\n(a) prepared in draft by the party having conduct of the special case\nafter consultation with each other active party; and\n(b) settled by the Supreme Court; and\n(c) served on each active party; and\n(d) filed in the Supreme Court.\n","sortOrder":1325},{"sectionNumber":"5834","sectionType":"section","heading":"Special case to Court of Appeal—setting down for","content":"5834 Special case to Court of Appeal—setting down for\nhearing\nOn filing of the special case in the Supreme Court, the registrar, if\nsatisfied that all the active parties have been served with the special\ncase, must—\n(a) set a date for the hearing of the special case; and\n(b) tell the parties the date set for the hearing.\n","sortOrder":1326},{"sectionNumber":"5835","sectionType":"section","heading":"Special case to Court of Appeal—court can draw","content":"5835 Special case to Court of Appeal—court can draw\ninferences\nFor a special case under this division, the Court of Appeal may draw\nfrom the facts stated in, and the documents accompanying, the special\ncase any inference (of fact or law) that might have been drawn from\nthem if proved at trial.\n\nDivision 5.7.2 Reference appeals—Court of Appeal\nRule 5836\n","sortOrder":1327},{"sectionNumber":"5836","sectionType":"section","heading":"Special case to Court of Appeal—agreement about","content":"5836 Special case to Court of Appeal—agreement about\ndamages and costs\n(1) The parties to a special case may enter into a written agreement that,\non the Court of Appeal’s decision in the affirmative or negative on\nthe questions raised by the special case, a stated amount must be paid\nby a party to another party, either with or without costs of the\n(2) Judgment may be given for the stated amount with or without costs,\nand the judgment may be enforced immediately unless otherwise\nagreed or stayed on appeal.\nstated amount means—\n(a) an amount agreed by the parties; or\n(b) an amount set by the Court of Appeal; or\n(c) an amount set in the way agreed by the parties or as the Court of\nAppeal orders.\n\nRule 5850\n","sortOrder":1328},{"sectionNumber":"5850","sectionType":"section","heading":"Definitions—pt 5.8","content":"5850 Definitions—pt 5.8\npart 5.3 (Appeals to Supreme Court) or part 5.4 (Appeals to\nCourt of Appeal); or\nout of time) to the Supreme Court under part 5.3; or\n(c) an appeal or application for leave to appeal (or leave to appeal\nout of time) to the Court of Appeal under part 5.4, and includes\na convicted person’s application; or\nNote For the application of div 5.4.3 to an application under sdiv 5.4.7.3\n(Appeals to Court of Appeal—leave to appeal out of time by DPP),\nsee r 5520.\n(d) an application for leave to file a notice of appeal under\nrule 5405 (2) (Appeals to Court of Appeal—time for filing\nnotice of appeal).\n(a) for an appeal to the Supreme Court—\n(i) a person applying for further time to apply for leave to\nappeal under part 5.3; or\n(ii) an applicant for leave to appeal under division 5.3.2\n(Appeals to Supreme Court—leave to appeal) or\ndivision 5.3.3 (Appeals to Supreme Court—leave to appeal\nout of time); or\n(iii) a person appealing under part 5.3; and\n\nRule 5851\n(b) for an appeal to the Court of Appeal—\n(i) a person applying for further time to apply for leave to\nappeal under part 5.4; or\n(ii) an applicant for leave to appeal under division 5.4.2\n(Appeals to Court of Appeal—leave to appeal from\ninterlocutory orders) or division 5.4.3 (Appeals to Court of\nAppeal—leave to appeal out of time from final judgments);\nor\n(iii) the convicted person for a conviction or sentence applying\nfor leave to appeal under subdivision 5.4.7.2 (Appeals to\nCourt of Appeal—leave to appeal out of time by convicted\nperson); or\n(iv) an applicant for leave to file a notice of appeal under\nrule 5405 (2); or\n(v) a person appealing under part 5.4.\nconvicted person’s application means an application under\nsubdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out\nof time by convicted person) by the convicted person for a conviction\nor sentence.\n","sortOrder":1329},{"sectionNumber":"5851","sectionType":"section","heading":"Application of pt 5.8 to div 5.6.1 etc","content":"5851 Application of pt 5.8 to div 5.6.1 etc\nThis part applies, with necessary changes, to—\n(a) division 5.6.1 (Reference appeals—Supreme Court); and\n(b) division 5.6.2 (Reference appeals—Court of Appeal); and\n(c) division 5.7.1 (Questions referred—Supreme Court); and\n(d) division 5.7.2 (Questions referred—Court of Appeal).\n\nRule 5852\n","sortOrder":1330},{"sectionNumber":"5852","sectionType":"section","heading":"Written cases—when used","content":"5852 Written cases—when used\n(1) If all the parties to an appeal indicate, in accordance with this chapter,\nthat they want to present their cases in writing, the appeal may be\ndealt with by written cases.\n(2) If any of the parties to an appeal does not indicate, in accordance with\nthis chapter, that the party wants to present his or her case in writing,\nthe appeal must be dealt with by oral hearing.\n(3) Subrule (2) is subject to rule 5534 (2) (Appeals to Court of Appeal—\nwritten case and presence if convicted person appellant).\nNote Rule 5534 (2) provides that a convicted person who is the applicant or\nappellant may present the person’s case to the Court of Appeal in writing\nif the person wants to, whether or not the respondent director of public\nprosecutions presents his or her case in writing.\n(4) This rule does not prevent the Court of Appeal or Supreme Court\nrequiring the parties or a party to present oral argument.\n","sortOrder":1331},{"sectionNumber":"5853","sectionType":"section","heading":"Written cases—appellant wants written case","content":"5853 Written cases—appellant wants written case\nAn appellant may indicate, in accordance with this chapter, that the\nappellant wants to present his or her case in writing.\nNote See the following provisions:\n• r 5071 (4) (Appeals to Supreme Court—application for leave to\n• r 5082 (4) (Appeals to Supreme Court—application for leave to\nappeal out of time)\n• r 5101 (3) (Appeals to Supreme Court—requirements for notice of\nappeal etc)\n• r 5311 (2) (Appeals to Court of Appeal—application for leave to\n• r 5332 (2) (Appeals to Court of Appeal—application for leave to\nappeal out of time)\n• r 5403 (4) (Appeals to Court of Appeal—requirements for notice of\nappeal etc)\n\nRule 5854\n• r 5506 (4) (Appeals to Court of Appeal—application for leave to\nappeal out of time against conviction or sentence)\n• r 5751 (4) (Reference appeals to Supreme Court—application for\nreference appeal)\n• r 5771 (2) (Reference appeals to Court of Appeal—application for\nreference appeal)\n• r 5802 (3) (Question referred to Supreme Court—form)\n• r 5832 (3) (Question referred to Court of Appeal—form).\n","sortOrder":1332},{"sectionNumber":"5854","sectionType":"section","heading":"Written cases—respondent wants written case","content":"5854 Written cases—respondent wants written case\n(a) an appellant indicates, in accordance with this chapter, that the\nappellant wants to present the appellant’s case in writing; and\n(b) a respondent also wants to present his or her case in writing.\n(2) The respondent must file a notice stating that the respondent wants to\npresent the respondent’s case in writing.\n(3) The notice must be filed, and a stamped copy served on each other\nparty, not later than 7 days after the day the appellant’s application or\nnotice of appeal is served on the respondent.\n(4) If all the parties to an appeal indicate, in accordance with this chapter,\nthat they want to present their cases in writing, the hearing date for\nthe appeal is vacated on the filing of the respondent’s notice under\nsubrule (2) (or, if there are 2 or more respondents, on the filing of the\nlast notice under subrule (2)).\n\nRule 5855\n","sortOrder":1333},{"sectionNumber":"5855","sectionType":"section","heading":"Written cases—filing etc written case for application","content":"5855 Written cases—filing etc written case for application\n(1) This rule applies if an application is to be dealt with by written case.\n(2) The appellant (or each appellant) must—\n(a) if there is only 1 respondent—file the required number of copies\nof the appellant’s written case in the court, and serve a copy on\nthe respondent not later than 28 days after the day the notice\nmentioned in rule 5854 (2) is served on the appellant; or\n(b) if there are 2 or more respondents and the notice mentioned in\nrule 5854 (2) is served by them on different days—file the\nrequired number of copies of the appellant’s written case in the\ncourt, and serve a copy on each respondent not later than 28 days\nafter the earliest of the days.\n(3) The respondent (or each respondent) must file the required number of\ncopies of the respondent’s written case in the court, and serve a copy\non each other party not later than 28 days after the day the appellant’s\nwritten case is served on the respondent (or, if there are 2 or more\nappellants, the day the last of the appellants’ written cases are served\non the respondent).\n(4) An appellant may file the required number of copies of written\nsubmissions in reply to a respondent’s written case in the court, and\nserve a copy on the respondent (or each respondent) not later than 14\ndays after the day the respondent’s written case is served on the\napplication means an application mentioned in rule 5850\n(Definitions—pt 5.8), definition of appeal.\nappellant means a person mentioned in rule 5850, definition of\nappellant, other than subparagraphs (a) (iii) and (b) (iv).\nrequired number means—\n(a) if the application is filed in electronic form—1; or\n\nRule 5856\n(b) if the application is filed in paper form—\n(i) for an application to the Court of Appeal—4; or\n(ii) for an application to the Supreme Court—1.\n","sortOrder":1334},{"sectionNumber":"5856","sectionType":"section","heading":"Written cases—filing etc written case for appeal","content":"5856 Written cases—filing etc written case for appeal\n(1) This rule applies if an appeal is to be dealt with by written case.\n(2) The appellant (or each appellant) must file the required number of\ncopies of the appellant’s written case in the court, and serve a copy\non the respondent (or each respondent) not later than 28 days after the\nday the appeal papers are filed.\n(3) The respondent (or each respondent) must file the required number of\ncopies of the respondent’s written case in the court, and serve a copy\non each other party not later than 35 days after the day the appellant’s\nwritten case is served on the respondent (or, if there are 2 or more\nappellants, the day the last of the appellants’ written cases are served\non the respondent).\n(4) An appellant may file the required number of copies of written\nsubmissions in reply to the respondent’s written case in the court, and\nserve a copy on the respondent (or each respondent) not later than 14\ndays after the day the respondent’s written case is served on the\n(a) an appeal to the Supreme Court under part 5.3 (Appeals to\nSupreme Court); or\n(b) an appeal to the Court of Appeal under part 5.4 (Appeals to\nCourt of Appeal).\nappellant means a person appealing under part 5.3 or part 5.4.\nrequired number—see rule 5855 (5).\n\nRule 5857\n","sortOrder":1335},{"sectionNumber":"5857","sectionType":"section","heading":"Written cases—form","content":"5857 Written cases—form\n(1) The written case of a party must—\n(a) have a title that includes the title of the proceeding; and\n(b) identify the party; and\n(c) have consecutively numbered paragraphs; and\n(d) state the issues; and\n(e) state the argument to be made on each issue, mentioning the\nsteps in the argument and any authority, legislation or finding of\nfact to be relied on for each step; and\n(f) if there is to be a challenge to any of the findings of fact of the\nentity appealed from, state—\n(i) the claimed error (including any failure to make a finding\nof fact); and\n(ii) the reasons why the party considers the finding was an\nerror; and\n(iii) the finding that the party considers should have been made;\nand\n(g) include a chronology of the facts; and\n(h) include a list of authorities, legislation and texts relied on by the\nparty that identifies them in accordance with rule 5139 (3)\n(Appeals to Supreme Court—list of authorities, legislation and\ntexts).\n(2) If the written case relies on a matter in another document, a copy of\nthe document must accompany the case and the case must—\n(a) for a document mentioned in subrule (1) (h)—identify the\ndocument as mentioned in that paragraph; and\n(b) for a transcript—identify the relevant parts by page and line; and\n\nRule 5858\n(c) for other documents—if relevant, identify the page of the\ndocument relied on.\n(3) A written case must be—\n(a) clear and legible; and\n(b) if filed in paper form—securely fastened but need not be bound.\n","sortOrder":1336},{"sectionNumber":"5858","sectionType":"section","heading":"Written cases—inspection","content":"5858 Written cases—inspection\nA written case cannot be inspected at the registry unless—\n(a) all parties have filed their cases; or\n(b) the appeal or application in which the written case is used has\nbeen decided.\n\nIntroductory provisions—ch 6 Part 6.1\nRule 6000\nChapter 6 General rules for all\nPart 6.1 Introductory provisions—ch 6\n6000 Application—ch 6\n(1) This chapter applies to every proceeding in the Supreme Court or\nMagistrates Court to which these rules apply.\nNote 1 Rule 4 (Application of rules) deals with the proceedings to which these\nrules apply.\nNote 2 The Magistrates Court includes the Childrens Court (see Magistrates\nCourt Act 1930, s 287)\n(2) However, this chapter does not apply to a proceeding as far as—\n(a) this chapter provides that it does not apply to the proceeding; or\n(b) another chapter makes provision for the proceeding or provides\nthat this chapter does not apply to the proceeding; or\n(c) another territory law provides that this chapter does not apply to\n\nRule 6005\n","sortOrder":1337},{"sectionNumber":"6005","sectionType":"section","heading":"Definitions—pt 6.2","content":"6005 Definitions—pt 6.2\napplication in a proceeding—see rule 6006.\nschedule of correspondence—a schedule of correspondence may\ninclude a copy of any of the following:\n(a) an email;\n(b) a fax;\n(c) a legible, contemporaneous diary or file note of a conversation.\nsupporting material, for an application in a proceeding, means an\naffidavit, schedule of correspondence or anything else required by\nthese rules to be, or otherwise properly, filed in the court in support\nof the application.\n","sortOrder":1338},{"sectionNumber":"6006","sectionType":"section","heading":"Application—pt 6.2","content":"6006 Application—pt 6.2\n(1) This part applies to an application in a proceeding in the court.\n(2) An application in a proceeding includes—\n(a) an application to the court about the proceeding, whether made\nduring the proceeding or after judgment is given in the\n(b) an application that a territory law requires be made in\naccordance with this part (however expressed); or\n\nRule 6007\n(c) an application for leave to begin a proceeding in a court based\non a motor accident claim under the Road Transport\n(Third-Party Insurance) Act 2008, section 150 (Need for urgent\nproceeding).\nExamples for par (a)\n1 an application under part 2.18 (Enforcement) for an order appointing a\nreceiver, or an order for seizure and detention of property\n2 an application under rule 1603 (Orders—set off between enforceable money\norders) for an order that a money order be set off against another money order\nof the same court\n3 an application for leave to appeal to the Court of Appeal under rule 5311\n(Appeals to Court of Appeal—application for leave to appeal)\n4 an application for leave to appeal to the Court of Appeal under rule 5332\n(Appeals to Court of Appeal—application for leave to appeal out of time)\nExample for par (b)\nan application for leave to start a proceeding in the Supreme Court by oral\noriginating application under rule 37 (When oral originating application may be\nmade in Supreme Court)\nNote 1 For the making of orders before a proceeding starts, see r 706 (Urgent\norders before start of proceeding).\n(3) However, an application in a proceeding does not include—\n(a) an application that is required under a territory law to be made\nto the registrar unless a territory law provides that this part\napplies to the application; or\n(b) an application if these rules provide that this part does not apply\nto the application.\n","sortOrder":1339},{"sectionNumber":"6007","sectionType":"section","heading":"Application in proceeding—contents","content":"6007 Application in proceeding—contents\n(1) An application in a proceeding must identify the person making the\n(a) if the person is already a party to the proceeding—as the party\n(for example, as plaintiff or defendant); or\n\nRule 6007\n(b) if the person is not yet a party to the proceeding—as the\nNote See approved form 6.2 (Application in proceeding) AF2010-103.\n(2) An application in a proceeding must name as a person against whom\nrelief is sought anyone whose interests may be affected by the\ngranting of the relief.\n(3) An application in a proceeding must identify each person against\nwhom relief is sought—\n(a) if the person is already a party to the proceeding—as the party\n(for example, as plaintiff or defendant); or\n(b) if the person is not yet a party to the proceeding—as the\n(4) If the person making the application is not already an active party, the\napplication must state an address for service for the person.\n(5) The application—\n(a) may be supported by—\n(i) an affidavit setting out the facts relied on; or\n(ii) a schedule of correspondence; or\n(iii) anything else properly filed in support of the application;\nand\n(b) must be supported by anything required by these rules to be filed\nin the court in support of the application; and\n(c) must be accompanied by anything required by these rules to\naccompany the application.\n\nRule 6008\n(6) If the court considers that the supporting material (if any) is\ninsufficient to support the application, it may—\n(a) adjourn the hearing of the application; and\n(b) make any other orders it considers appropriate, including an\norder that supporting material or further supporting material be\nprepared.\n(7) If the court orders that supporting material or further supporting\nmaterial be prepared, the material must be filed in the court and\nserved at least 2 days before the return date for the application.\nNote See example to r 6008 (1).\n","sortOrder":1340},{"sectionNumber":"6008","sectionType":"section","heading":"Application in proceeding—filing and service","content":"6008 Application in proceeding—filing and service\n(1) An application in a proceeding must be filed in the court, and, unless\nthese rules otherwise provide, a stamped copy served on each other\nparty, not later than 2 days before the return date for the application.\nIf the return date is Friday, that day and the day the application is served are not\ncounted in working out the 2 days. For service to be valid, the application must be\nserved on or before the Tuesday before the return date.\nNote 1 See r 6015 (Application in proceeding—applications under r 40).\nNote 2 See the Legislation Act, s 151 (Working out periods of time generally)\nand these rules, pt 6.7 (Time).\n(2) However, a party to the proceeding who is not an active party need\nnot be served with the application unless the application seeks an\norder requiring the party to do, or not to do, something.\n(3) If the application is to be served on a person who is not an active\nparty, the application must be served—\n(a) personally unless the court otherwise orders; and\n(b) not later than 2 days before the return date.\nNote This part applies to an application for an order otherwise ordering.\n\nRule 6009\n(4) The court may order service of the application on anyone it considers\nNote This part applies to an application for an order under r (4).\n","sortOrder":1341},{"sectionNumber":"6009","sectionType":"section","heading":"Application in proceeding—filing and service of","content":"6009 Application in proceeding—filing and service of\nsupporting material\n(1) If an application in a proceeding is to be filed in the court, the\nsupporting material (if any) for the application must be filed with the\n(2) If an application in a proceeding is to be served, the supporting\nmaterial (if any) for the application must be served with the\n","sortOrder":1342},{"sectionNumber":"6010","sectionType":"section","heading":"Application in proceeding—absence of party","content":"6010 Application in proceeding—absence of party\nThe court may hear and decide an application in a proceeding in the\nabsence of a party to the proceeding if—\n(a) service of the application on the absent party is not required\nunder these rules or by an order of the court; or\n(b) the application has been served on the absent party in\naccordance with these rules; or\n(c) these rules provide that the application may be heard in the\nabsence of the party.\n","sortOrder":1343},{"sectionNumber":"6011","sectionType":"section","heading":"Application in proceeding—dismissal or adjournment if","content":"6011 Application in proceeding—dismissal or adjournment if\napplication not served etc\n(a) a person has not been served with an application in a proceeding;\nand\n(b) on the hearing of the application, the court considers that the\nperson should have been served.\n\nRule 6012\n(a) dismiss the application; or\n(b) adjourn the hearing of the application so that the application can\nbe served on the person.\n","sortOrder":1344},{"sectionNumber":"6012","sectionType":"section","heading":"Application in proceeding—adjournment generally","content":"6012 Application in proceeding—adjournment generally\n(1) The court may adjourn the hearing of an application in a proceeding.\n(2) Without limiting subrule (1), the court may adjourn the hearing of an\napplication in a proceeding if, at the hearing—\n(a) a party to the application who is represented by a solicitor does\nnot appear either personally or by the solicitor; and\n(b) the applicant produces to the court a copy of the application\nendorsed with the agreement of the party’s solicitor to the\nadjournment of the hearing.\n","sortOrder":1345},{"sectionNumber":"6013","sectionType":"section","heading":"Application in proceeding—orders by consent without","content":"6013 Application in proceeding—orders by consent without\nattendance\n(1) This rule applies if, at least 2 days before the return date for an\napplication in a proceeding or a later date set by the court for hearing\nthe application, a document is filed in the court that—\n(a) states that each party to the application—\n(i) agrees to the adjournment of the application; or\nNote See approved form 6.3 (Agreement to adjournment of\napplication) AF2006-411.\n(ii) consents to the orders sought in the application; or\n\nRule 6014\n(iii) consents to the orders sought in the application, amended\nto vary a time mentioned in an order sought for taking a\nstep in the proceeding; and\n(b) is signed by each party’s solicitor.\n(2) For subrule (1) (a) (ii) or (iii), a copy of the application may be\nendorsed with the consent of each party’s solicitor.\n(3) The court may, without any of the parties attending before the court—\n(a) if the parties agree to an adjournment—adjourn the hearing to—\n(i) the date agreed by the parties; or\n(ii) a date decided by the court; or\n(b) if the parties consent to the orders sought in the application—\nmake the orders sought by consent; or\n(c) if the parties consent to the orders sought in the application as\namended—make the orders sought, as amended, by consent; or\n(d) direct the parties to attend before the court on a stated date.\n(4) If the court adjourns the hearing to a date decided by the court, the\nregistrar must tell the parties the adjourned date for the hearing.\n(5) If the court directs the parties to attend before the court on a stated\ndate, the registrar must tell the parties the stated date.\n","sortOrder":1346},{"sectionNumber":"6014","sectionType":"section","heading":"Application in proceeding—further hearing","content":"6014 Application in proceeding—further hearing\n(a) an application in a proceeding (the original application) has\nbeen filed in the court and served; and\n(b) the application is not dealt with on the return date for the\n(2) The court may adjourn the application.\n\nRule 6015\n(3) A further application must be filed if the court orders it to be filed.\nNote This part applies to an application for an order under this rule.\n(4) The further application must be served on a party if—\n(a) the court orders service on the party; or\n(b) the party was not served with the original application.\n","sortOrder":1347},{"sectionNumber":"6015","sectionType":"section","heading":"Application in proceeding—application under r 40","content":"6015 Application in proceeding—application under r 40\nAn application for an order under rule 40 (Setting aside originating\nprocess etc) in relation to an originating process must be filed within\nthe time mentioned in rule 102 (Notice of intention to respond or\ndefence—filing and service) for filing a notice of intention to respond\nto the originating process or, if the application is for an order in\nrelation to an originating claim and no notice of intention to respond\nis filed, a defence.\n","sortOrder":1348},{"sectionNumber":"6016","sectionType":"section","heading":"Application in proceeding—oral application","content":"6016 Application in proceeding—oral application\nA person may make an application in a proceeding to the court orally\nif—\n(a) the preparation of a written application, or the filing in the court\nor service of a written application, would cause unreasonable\ndelay or other prejudice to the person; or\n(b) each active party to the proceeding, and, if the respondent to the\napplication is not an active party, the respondent, agrees to the\napplication being made orally; or\n(c) an application may be made under these rules without filing or\nserving the application; or\n(d) the court orders that the person does not have to file or serve a\nwritten application; or\n(e) these rules otherwise allow the application to be made orally.\n\nRule 6020\n","sortOrder":1349},{"sectionNumber":"6020","sectionType":"section","heading":"Terms used in Human Rights Act 2004","content":"6020 Terms used in Human Rights Act 2004\nA term used in the Human Rights Act 2004 has the same meaning in\nNote For example, the following terms are defined in the Human Rights\nAct 2004, dictionary:\n• commission\n• court\n• declaration of incompatibility (see s 32)\n• function of public nature (see s 40A)\n• human rights (see s 5)\n• ICCPR\n• international law\n• public authority (see s 40).\n6021 Application—pt 6.2A\nThis part applies to a proceeding in the Supreme Court.\nDivision 6.2A.1A Pleadings and originating processes\n6022 Contents of pleadings or originating processes\n(1) This rule applies if a party to a proceeding relies on the Human Rights\nAct 2004 for relief.\n(2) The party’s pleading or originating application must state—\n(a) the human right that the party relies on, including—\n(i) the relevant content of the right; and\n(ii) any particular aspect of the right that the party relies on;\nand\n\nHuman rights proceedings Part 6.2A\nNotice to Attorney-General and commission Division 6.2A.2\nRule 6030\n(b) the facts on which the party relies to assert that the Human\nRights Act 2004 applies to the proceeding; and\n(c) if the Human Rights Act 2004, section 40C applies in the\n(i) the human right the party alleges was breached in\ncontravention of that Act, section 40B; and\n(ii) the details of the alleged breach; and\n(d) the relief sought.\n(3) The requirements of this rule are additional to the requirements of—\n(a) for a proceeding started, or ordered to be continued as if started,\nby an originating claim—division 2.2.2 (Originating claims);\nand\n(b) for a proceeding started, or ordered to be continued as if started,\nby an originating application—division 2.2.3 (Originating\nDivision 6.2A.2 Notice to Attorney-General and\ncommission\n","sortOrder":1350},{"sectionNumber":"6030","sectionType":"section","heading":"Application—div 6.2A.2","content":"6030 Application—div 6.2A.2\nThis division applies to a proceeding to which the Human Rights\nAct 2004, section 34 applies.\nNote The Human Rights Act 2004, s 34 applies if a question arises in a\nproceeding in the Supreme Court that involves the application of that Act\nor the Supreme Court is considering making a declaration of\nincompatibility in a proceeding.\n\nDivision 6.2A.2 Notice to Attorney-General and commission\nRule 6031\n","sortOrder":1351},{"sectionNumber":"6031","sectionType":"section","heading":"Notice—human rights proceedings","content":"6031 Notice—human rights proceedings\n(1) This rule applies to a party to a proceeding if—\n(a) the party asserts that the Human Rights Act 2004 applies in the\n(b) the party is seeking a declaration of incompatibility in the\n(2) The party must, within 7 days after filing the first document making\nthe assertion or seeking the declaration, file in the court a notice\nstating the relevant matter mentioned in subrule (1).\nNote See approved form 6.31 (Notice of a human rights matter) AF2024-51.\n(3) As soon as practicable after the notice is filed, a copy of the notice\nmust be served on—\n(a) the Attorney-General and the commission; and\n(b) each other active party to the proceeding.\n(4) An affidavit of service of the notice on the Attorney-General and the\ncommission must be filed in the court before the hearing of the\nproceeding starts or continues.\n","sortOrder":1352},{"sectionNumber":"6032","sectionType":"section","heading":"Notice—direction by court","content":"6032 Notice—direction by court\n(1) The court may, taking into account the issues in a proceeding and\ntheir relevance to the Human Rights Act 2004—\n(a) direct a party to give notice of the proceeding to the\nAttorney-General and the commission; and\n(b) state the content of the notice.\nNote See approved form 6.31 (Notice of a human rights matter) AF2024-51.\n(2) An affidavit of service of the notice on the Attorney-General and the\ncommission must be filed in the court before the hearing of the\nproceeding starts or continues.\n\nHuman rights proceedings Part 6.2A\nNotice to Attorney-General and commission Division 6.2A.2\nRule 6033\n","sortOrder":1353},{"sectionNumber":"6033","sectionType":"section","heading":"Contents of notice of human rights matter","content":"6033 Contents of notice of human rights matter\nA notice of a human rights matter must state—\n(a) the human right under the Human Rights Act 2004 which\nallegedly applies in the proceeding, including—\n(i) the relevant content of the right; and\n(ii) any particular aspect of the right which allegedly applies;\nand\n(b) the facts on which the party relies to assert that the Human\nRights Act 2004 applies to the proceeding; and\n(c) if the party is seeking a declaration of incompatibility in the\n(i) that a declaration of incompatibility is being sought; and\n(ii) the territory law, or provision of the law, that is allegedly\ninconsistent with the human right; and\n(iii) the way in which the law or provision is allegedly\ninconsistent with the human right.\n","sortOrder":1354},{"sectionNumber":"6034","sectionType":"section","heading":"Directions hearing—human rights proceedings","content":"6034 Directions hearing—human rights proceedings\n(1) If a party files a notice under rule 6031—\n(a) the court must set a date for a directions hearing for the\nNote For directions that the court may make at the directions hearing, see\nr 1401 (Directions generally).\n(2) The date for the directions hearing must be not later than 14 days after\nthe day the notice is served on the Attorney-General and the\ncommission, unless the court otherwise orders.\n\nRule 6040\n","sortOrder":1355},{"sectionNumber":"6040","sectionType":"section","heading":"Human rights commissioner—application for leave to","content":"6040 Human rights commissioner—application for leave to\nintervene\n(1) This rule applies if the human rights commissioner wishes to\nintervene in a proceeding under the Human Rights Act 2004,\nsection 36.\nNote Under the Human Rights Act 2004, s 36, the human rights commissioner\nmay intervene in a proceeding before a court that involves the application\nof that Act with the leave of the court.\n(2) The human rights commissioner must file in the court an application\nfor leave to intervene.\nNote See approved form 6.33 (Application for leave to intervene)\nAF2024-53.\n(3) The application must be supported by an affidavit setting out the\nreasons why leave should be given.\n(4) As soon as practicable after the application is filed, a copy of the\napplication and the supporting affidavit must be served on—\n(a) the Attorney-General; and\n(b) each active party to the proceeding.\n(5) If the court gives the commissioner leave to intervene, the\ncommissioner must—\n(a) file a notice of intervention; and\nNote See approved form 6.32 (Notice of intervention) AF2024-52.\n(b) serve a copy of the notice on—\n(i) the Attorney-General; and\n(ii) each active party to the proceeding.\n\nIntervention of Attorney-General in proceedings Part 6.2B\nRule 6045\nPart 6.2B Intervention of Attorney-General\nin proceedings\n","sortOrder":1356},{"sectionNumber":"6045","sectionType":"section","heading":"Attorney-General—notice of intervention","content":"6045 Attorney-General—notice of intervention\n(1) This rule applies if the Attorney-General wishes to intervene in a\nproceeding under—\n(a) the Administrative Decisions (Judicial Review) Act 1989,\nsection 19; or\n(b) the Court Procedures Act 2004, section 27; or\n(c) the Human Rights Act 2004, section 35.\n(2) The Attorney-General must file in the court a notice stating that the\nAttorney-General intervenes in the proceeding.\nNote See approved form 6.32 (Notice of intervention) AF2024-52.\n(3) As soon as practicable after the notice is filed, a copy of the notice\nmust be served on each active party to the proceeding.\n\nRule 6100\nDivision 6.3.1 General provisions about documents\nfor filing\n","sortOrder":1357},{"sectionNumber":"6100","sectionType":"section","heading":"Application—div 6.3.1","content":"6100 Application—div 6.3.1\n(1) This division applies to a document that is prepared by a party to a\nproceeding for use by or in the court, and includes an originating\nprocess or other document starting a proceeding.\n(2) However, this division does not apply to an annexure or exhibit\nexcept to the extent otherwise expressly provided.\n","sortOrder":1358},{"sectionNumber":"6101","sectionType":"section","heading":"Documents—compliance with approved form","content":"6101 Documents—compliance with approved form\n(1) If an approved form for a document requires particular information to\nbe included in the document or a particular document (including an\nannexure or exhibit) to be attached to, or filed with the document, the\ndocument is properly completed only if the requirement is complied\nwith.\nNote 1 Substantial compliance with an approved form is otherwise sufficient\n(see Legislation Act, s 255 (4)), unless the Legislation Act, s 255 (5)\napplies (see note to r (3)).\nNote 2 The court may, by order, dispense with compliance with these rules (see r\n6 (Dispensing with rules)).\n(2) Subrule (1) has effect despite the Legislation Act, section 255 (6).\n\nRule 6102\n(3) To remove any doubt, this rule does not affect the Legislation Act,\nsection 255 (5).\nNote Under the Legislation Act, s 255 (5), if a form requires any of the\nfollowing, substantial compliance with the form is not sufficient and the\nform is properly completed only if the requirement is complied with:\n(a) the form to be signed;\n(b) the form to be prepared in a particular way (for example, on paper\nof a particular size or quality or in a particular electronic form);\n(c) the form to be completed in a particular way;\n(d) particular information to be included in the form, or a particular\ndocument to be attached to or given with the form;\n(e) the form, information in the form, or a document attached to or\ngiven with the form, to be verified in a particular way (for example,\nby statutory declaration).\n","sortOrder":1359},{"sectionNumber":"6102","sectionType":"section","heading":"Documents—general heading style","content":"6102 Documents—general heading style\n(1) A document for use in relation to a proceeding, and for which there\nis an approved form, must be headed in the way set out in the form.\n(2) However, a document in a civil proceeding may be headed using an\nabbreviation of title sufficient to identify the proceeding.\nAB and others\nDefendants\n(3) Subrule (2) does not apply to—\n(a) an originating process; or\n(b) a document to be served on a person not a party to the\n(c) an order.\n(4) If the parties to a proceeding change, the names of the parties on each\ndocument filed after the change must reflect the state of the parties\nafter the change.\n\nRule 6103\n","sortOrder":1360},{"sectionNumber":"6103","sectionType":"section","heading":"Documents—layout etc","content":"6103 Documents—layout etc\n(1) A document—\n(a) must be on A4 size paper that—\n(i) is white; and\n(ii) is durable; and\n(iii) is free from discolouration or blemishes; and\nNote A document in a family violence or personal violence proceeding\nneed not be white (see r 3803 (a)).\n(b) may be single-sided (that is, with writing on 1 side of each sheet)\nor double-sided (that is, with writing on both sides of each\nsheet), but not partly single-sided and partly double-sided); and\n(c) must have all its pages and all attachments securely bound\ntogether in a way satisfactory to the registrar; and\n(d) must have pages (that is, the sides of the sheets that have writing)\nthat are numbered consecutively after the first page (if any); and\n(e) must have clear margins no smaller than 20mm on the top,\nbottom and right sides; and\n(f) must have a clear margin on the left side no smaller than 25mm;\nand\n(g) must be written—\n(i) if handwritten—in legible writing; and\n(ii) if typewritten—with type no smaller than 1.8mm\n(10 point); and\n(iii) with each line of writing separated from any previous line\nof writing by a space no smaller than 3mm; and\n(iv) in a way that is permanent and can be photocopied to\nproduce a copy satisfactory to the registrar.\n\nRule 6104\n(2) Subrule (1) (a) and (b) apply to an annexure or exhibit to a document\nif the annexure or exhibit is a copy of a document.\n(3) Subrule (1) (c) and (d) apply to an annexure to a document as if the\nannexure formed part of the document.\nThe pages of a document and its annexure must be numbered consecutively through\nthe document and annexure (after the first page).\n(4) Subrule (1) (c) and (d) apply to an exhibit to a document.\n(5) A document filed electronically in the court must, as far as\npracticable, be able to be displayed or printed in a form that allows a\nprinted copy or display of the document to comply with subrule (1).\n(6) This rule does not apply to a document to the extent to which the\nnature of the document makes compliance impracticable.\n(7) The registrar may dispense with compliance with any requirement of\n","sortOrder":1361},{"sectionNumber":"6104","sectionType":"section","heading":"Documents—use of copies","content":"6104 Documents—use of copies\nOn application by a party to a proceeding or on its own initiative, the\ncourt may give leave for a copy of a document to be used.\n","sortOrder":1362},{"sectionNumber":"6105","sectionType":"section","heading":"Documents—use of figures","content":"6105 Documents—use of figures\nAmounts, dates, mathematical expressions and numbers in a\ndocument must, as far as practicable, be expressed using figures and\nnot words.\n","sortOrder":1363},{"sectionNumber":"6106","sectionType":"section","heading":"Documents—signing","content":"6106 Documents—signing\n(1) If a party is represented by a solicitor in a proceeding, a document\nfiled in the proceeding for the party that is required to be signed must\nbe signed by—\n(a) the solicitor; or\n\nRule 6106\n(b) a solicitor who is the solicitor’s agent for the proceeding; or\n(c) another solicitor belonging to the same firm or other entity\n(whether as partner or employee) as the solicitor or agent.\n(2) If a party is not represented by a solicitor in a proceeding, a document\nfiled in the proceeding for the party that is required to be signed must\nbe signed by—\n(a) the party; or\n(b) someone else allowed under these rules to start, defend or carry\non the proceeding for the party.\nNote If the party is a person with a legal disability, anything required or\nallowed to be done in the proceeding may be done only by the party’s\nlitigation guardian (see r 275 (3) (Person with legal disability—litigation\nguardian to start proceeding etc)).\n(3) A person signing a document under subrule (1) or (2) (b) must state\nthe capacity in which the person signs the document.\n(4) A signature affixed to a document by electronic means complies with\nsubrule (1) and (2).\n(5) However, subrule (4) does not apply to the following:\n(a) an affidavit, including—\n(i) a statement identifying an annexure to an affidavit; or\n(ii) a certificate identifying an exhibit to an affidavit;\n(b) a document that is required by these rules to be witnessed.\nNote For the signing and sealing of electronic documents, see r 6124.\n\nRule 6107\n","sortOrder":1364},{"sectionNumber":"6107","sectionType":"section","heading":"Documents—alterations","content":"6107 Documents—alterations\n(1) An alteration on a document must be made by—\n(a) striking through the writing intended to be altered so that the\noriginal writing is still legible; and\n(b) having the alteration signed or initialled by—\n(i) if the document is signed—everyone who signed the\n(ii) if the document is signed and witnessed—everyone who\nsigned and witnessed the document; or\n(iii) if the document is not signed, or signed and witnessed—\nthe party filing the document.\n(2) The alteration may be handwritten.\n(3) However, if the alteration is handwritten, it must be—\n(a) legible; and\n(b) made in a way that is—\n(i) permanent; and\n(ii) can be photocopied to produce a copy satisfactory to the\n(4) A document cannot be filed if it contains an alteration that causes a\nmaterial disfigurement.\nalteration includes an alteration by omission, substitution or addition.\nNote Pt 2.7 (Amendment) deals with the amendment of filed documents.\n\nRule 6120\n","sortOrder":1365},{"sectionNumber":"6120","sectionType":"section","heading":"Filing documents—number of copies","content":"6120 Filing documents—number of copies\n(1) When filing a document in the court, a person must file—\n(a) the original; and\n(b) enough copies for service and proof of service, if service is\nrequired by a territory law or an order of the court.\nNote 1 An applicant for a protection order under the Family Violence Act 2016\nor Personal Violence Act 2016 need only file 1 copy of the application\nfor the order (see r 3803 (b)).\n(2) Subrule (1) does not apply to a document filed electronically in the\n(3) For these rules, original includes a document to which rule 6106 (4)\napplies.\n","sortOrder":1366},{"sectionNumber":"6121","sectionType":"section","heading":"How documents may be filed","content":"6121 How documents may be filed\nA document may be filed in the court by—\n(a) delivering it to the registry personally; or\n(b) sending it to the registry by post in accordance with rule 6123\n(Filing documents by post); or\n(c) faxing it to the registry’s fax number for the filing of documents;\nor\n(d) filing the document electronically in the court in accordance\nwith rule 6124 (Filing documents electronically); or\n(e) emailing the document to the registry’s email address for the\nfiling of documents.\n\nRule 6122\n","sortOrder":1367},{"sectionNumber":"6122","sectionType":"section","heading":"Filing documents personally","content":"6122 Filing documents personally\n(1) This rule applies to a document filed in the court by personal delivery\nto the registry.\n(2) However, this rule does not apply to an exhibit or another document\nthat does not require sealing or stamping.\n(3) The registrar may—\nstamp the document; or\n(4) If the registrar records the filing of the document, the registrar must\nreturn any copies of the document filed with the document for sealing\nor stamping.\n","sortOrder":1368},{"sectionNumber":"6123","sectionType":"section","heading":"Filing documents by post","content":"6123 Filing documents by post\n(1) This rule applies to a document filed in the court by post.\n(2) The person filing the document must send the document to the\nregistry by prepaid post, addressed to the registrar, in an envelope\nmarked with a note to the effect that it contains court documents.\n(3) The person filing the document must also ensure the document is\naccompanied by the following:\n(a) any copies of the document for sealing or stamping;\n(b) a stamped envelope addressed to the person filing the document\nor the person’s solicitor;\n(c) if a fee is determined under the Court Procedures Act 2004,\nsection 13 for filing the document—the fee in a form satisfactory\nto the registrar.\n\nRule 6124\n(4) The registrar may—\nstamp the document; or\n(5) If the registrar records the filing of the document, the registrar must\nreturn any copies of the document filed with the document for sealing\nor stamping in the envelope provided by the person filing the\n(6) If the court enters a default judgment after a request for the judgment\nis filed by post, the registrar must return the default judgment in the\nenvelope provided by the person filing the request.\n(7) A person files a document by post at the person’s risk.\n","sortOrder":1369},{"sectionNumber":"6124","sectionType":"section","heading":"Filing documents electronically","content":"6124 Filing documents electronically\n(1) A person may file a document electronically in the court only if the\nperson is a registered user of the electronic lodgment facility.\n(2) If these rules require a document to be signed by the person filing it\nand the document is filed electronically in the court, the document is\ntaken to be signed by the person if the person’s name is written in the\nplace where the signature is required.\n(3) If a law requires an original or certified copy of a document to be\nfiled, the document may be filed by filing a scanned copy of the\ndocument electronically in the court if the scanned copy is able to be\nprinted with no loss of information.\n(4) A person may file an affidavit electronically in the court—\n(a) by filing an electronic version of the affidavit that includes the\nsignatures on it; or\n\nRule 6124\n(b) by filing—\n(i) an electronic version of the affidavit that, in any place\nwhere a signature appears in the original affidavit, states\nthe name of the person whose signature it is; and\n(ii) an undertaking that the person has possession of the\noriginal affidavit signed in accordance with law, and will\nretain the affidavit subject to any order of the court.\n(5) The address for service stated on a document filed electronically in\nthe court must include—\n(a) if the registered user is a legal practitioner—the registered email\naddress of the legal practitioner’s office; or\n(b) in any other case—the registered user’s registered email\naddress.\n(6) If a fee is determined under the Court Procedures Act 2004,\nsection 13 for filing the document, the person filing the document\nmust also ensure the document is accompanied by the fee in a form\nsatisfactory to the registrar.\n(7) The registrar may—\nstamp the document by making a mark on the document; or\n(8) If the registrar records the filing of the document, the registrar must\nreturn a sealed or stamped copy of the document by advising the\nperson by email that the document is available on the electronic\nlodgment facility in the file for the proceeding.\n\nRule 6125\n","sortOrder":1370},{"sectionNumber":"6125","sectionType":"section","heading":"Practice notes about filing","content":"6125 Practice notes about filing\n(1) A practice note may make provision in relation to—\n(a) the documents that must be filed in the court by being delivered\nto a registry personally; or\n(b) the documents that must not be filed in the court using a\nparticular method of filing; or\n(c) filing documents in the court by electronic communication.\n(2) A practice note must be complied with despite anything in these rules.\n","sortOrder":1371},{"sectionNumber":"6126","sectionType":"section","heading":"Date of filing","content":"6126 Date of filing\n(1) The registrar must record the date of filing in the court of each filed\n(2) For these rules, the date of filing is the date of—\n(a) for a document filed in the court by personal delivery to the\nregistry—the day it is delivered to the registry; or\n(b) for a document filed in the court by post—the day it is received\nat the registry; or\n(c) for a document filed in the court by being faxed to the registry’s\nfax number before 4 pm on a day the registry is open—that day;\nor\n(d) for a document filed in the court by being faxed to the registry’s\nfax number on a day the registry is not open or after 4 pm on a\nday the registry is open—the next day the registry is open; or\n(e) for a document filed electronically in the court—\n(i) before 4 pm on a day the registry is open—that day; or\n(ii) on a day the registry is not open, or after 4 pm on a day the\nregistry is open—the next day the registry is open.\nNote See also r 6145 (Filed documents initially rejected).\n\nRule 6130\n(3) However, if the registrar opens the registry for a document to be filed\nin the court—\n(a) under subrule (2) (d), the date of filing for the document is the\ndate the document is faxed to the registry’s fax number; or\n(b) under subrule (2) (e) (ii), the date of filing for the document is\nthe date the document is filed electronically in the court.\n(4) For this rule, a document is taken to have been—\n(a) faxed to the registry’s fax number only if it is received at that\nnumber; or\n(b) filed electronically in the court only if the electronic lodgment\nfacility sends the user an acknowledgment of the filing.\n(5) For this rule, it does not matter when the registrar records the date of\nfiling.\n(6) The date of filing must be written on the filed document.\n","sortOrder":1372},{"sectionNumber":"6130","sectionType":"section","heading":"Keeping original documents","content":"6130 Keeping original documents\n(1) This rule applies to a document filed in the court in a proceeding by\nfiling a scanned copy of the original document electronically.\n(2) The person filing the document must keep the original document until\nthe later of the following:\n(a) 2 years after the date of judgment or final order in the\n(b) 2 years after a notice of discontinuance is filed in the proceeding;\n(c) 2 years after any appeal in the proceeding is determined;\n(d) 2 years after the date the document was filed.\n(3) The court may direct the person to produce the original document\nduring the time the document is required to be kept.\n\nRule 6133\n","sortOrder":1373},{"sectionNumber":"6133","sectionType":"section","heading":"Conversion of documents in paper form to electronic","content":"6133 Conversion of documents in paper form to electronic\nform\n(1) This rule applies to a document filed in the court in a proceeding by\nfiling a paper form of the document.\n(2) The registrar may convert the document to an electronic form and\nrecord the document in the electronic lodgment facility as if it had\nbeen filed electronically.\n(3) If a document is recorded in the electronic lodgment facility under\nsubrule (2), the court must keep the paper form of the document—\n(a) for 90 days after the day the document was filed; and\n(b) until the earlier of—\n(i) the day the document is collected; and\n(ii) the period mentioned in subrule (4).\n(4) The person who filed the paper form of the document may collect it\nfrom the court within 30 days after the period mentioned in\nsubrule (3) (a) ends.\n(5) If the paper form of the document is not collected within the period\nmentioned in subrule (4), the registrar may destroy the document.\n(6) If the paper form of the document is collected within the period\nmentioned in subrule (4), the person who filed it must, unless the\nregistrar approves the destruction of the document, keep the\ndocument until the later of the following:\n(a) 2 years after the date of judgment or final order in the\n(b) 2 years after a notice of discontinuance is filed in the proceeding;\n(c) 2 years after any appeal in the proceeding is determined;\n(d) 2 years after the date the document was filed.\n\nRejecting filed documents Division 6.3.3\nRule 6134\n(7) The court may direct the person to produce the paper form of the\ndocument during the time the document is required to be kept.\n","sortOrder":1374},{"sectionNumber":"6134","sectionType":"section","heading":"Official record of the court","content":"6134 Official record of the court\n(1) A document held by the court in electronic form is the official record\nif the document—\n(a) is filed, or issued by the court, electronically, and kept by the\ncourt in electronic form; or\n(b) is filed in paper form and the registrar converts the document to\nan electronic form.\n(2) If an electronic form of a document is not held by the court, the paper\nform of the document is the official record.\n","sortOrder":1375},{"sectionNumber":"6140","sectionType":"section","heading":"Rejecting documents—noncompliance with rules etc","content":"6140 Rejecting documents—noncompliance with rules etc\nThe registrar may reject a document that is filed in the court if—\n(a) the document does not comply with division 6.3.1 (General\nprovisions about documents for filing) as far as the document\ncan comply; or\n(b) there is an approved form for the document and the document is\nnot properly completed; or\nNote See r 6101 (Documents—compliance with approved form).\n(c) a fee determined under the Court Procedures Act 2004,\nsection 13 is payable for filing the document and the fee has not\nbeen paid; or\n(d) the document does not otherwise comply with these rules.\n\nRule 6141\n","sortOrder":1376},{"sectionNumber":"6141","sectionType":"section","heading":"Rejecting documents—inconvenient address for service","content":"6141 Rejecting documents—inconvenient address for service\nThe registrar may reject a document that is filed in the court if the\naddress for service stated in the document is manifestly inconvenient\nfor a party or the court.\n","sortOrder":1377},{"sectionNumber":"6142","sectionType":"section","heading":"Rejecting documents—abuse of process etc","content":"6142 Rejecting documents—abuse of process etc\n(1) This rule applies if a document that is filed in the court appears to the\nregistrar on its face to be an abuse of the court’s process or to be\nfrivolous or vexatious.\n(2) The registrar may—\n(a) reject the document; or\n(b) refer the document to a judicial officer for directions about how\nto deal with it.\n(3) If the registrar refers the document to a judicial officer, the judicial\nofficer may direct the registrar—\n(a) to accept the document; or\n(b) to reject the document; or\n(c) to reject the document unless the court gives leave to accept the\n(4) This rule applies to a written notification under rule 6613 (Documents\nand things in custody of court) as if it were a document filed in the\n\nRejecting filed documents Division 6.3.3\nRule 6143\n","sortOrder":1378},{"sectionNumber":"6143","sectionType":"section","heading":"Rejecting document—registrar to give notice etc","content":"6143 Rejecting document—registrar to give notice etc\n(1) If the registrar rejects a document under this division—\n(a) the registrar must give notice of the rejection, and of the grounds\nof the rejection, to the person who filed the document in the\n(b) if the document is filed in paper form—the registrar must return\nthe document and any copies of the document filed with the\ndocument; and\n(c) the document is taken not to have been filed.\n(2) Subrule (1) (c) is subject to rule 6145 (Filed documents initially\nrejected).\nNote See r 6144 in relation to costs incurred by a party in relation to a rejected\n","sortOrder":1379},{"sectionNumber":"6144","sectionType":"section","heading":"Rejecting document—costs","content":"6144 Rejecting document—costs\nCosts incurred by a party in relation to a document rejected under this\ndivision may be disallowed on assessment of the party’s costs.\n","sortOrder":1380},{"sectionNumber":"6145","sectionType":"section","heading":"Filed documents initially rejected","content":"6145 Filed documents initially rejected\n(1) This rule applies to a document if—\n(a) the registrar rejects the document under this division; but\n(i) the registrar subsequently accepts the document; or\n(ii) the court or a judicial officer subsequently directs the\nregistrar to accept the document.\n(2) The registrar must record the filing of the document in the court and,\nif appropriate, seal or stamp the document.\n\nRule 6145\n(3) If the registrar records the filing of the document, the registrar must—\n(a) if the document is filed in paper form—return any copies of the\ndocument filed with the document for sealing or stamping; or\n(b) if the document is filed in electronic form—give written notice\nof the acceptance of the document.\n(4) The document is taken to have been filed in the court on the day it\nwould have been filed if the registrar had not rejected the document.\nNote Rule 6126 (2) (Date of filing) deals with the date of filing.\n(5) If the document is rejected by the registrar (whether or not more than\nonce), the document is taken to have been filed in the court on the day\nit was first filed.\n\n","sortOrder":1381},{"sectionNumber":"6250","sectionType":"section","heading":"Jurisdiction exercisable by registrar of Supreme Court","content":"6250 Jurisdiction exercisable by registrar of Supreme Court\n(1) This rule applies only to the registrar of the Supreme Court.\n(2) The registrar may exercise the following jurisdiction of the court:\n(a) to hear and decide an application in a proceeding, other than an\n(i) under a provision of these rules mentioned in schedule 5,\npart 5.1; or\n(ii) mentioned in rule 6006 (2) (c) (Application—pt 6.2) if the\napplication is opposed;\nNote Application in a proceeding is defined in r 6006 (Application—\npt 6.2).\n(b) to hear and decide an originating application mentioned in any\nof the following provisions of these rules:\n• rule 6 (4) (Dispensing with rules)\n• rule 30 (6) (Who may start and carry on a proceeding)\n• rule 211 (4) (Including parties—common issues of law or\nfact)\n• rule 280 (10) (Litigation guardian—appointment and\nremoval by court)\n• rule 650 (2) (Discovery to identify potential defendant)\n• rule 651 (2) (Discovery to identify right to claim relief);\n(c) in relation to an application for default judgment under\nrule 1118 (3) (Default judgment—generally) or rule 1138 (3)\n(Default judgment—partial defence);\n(d) in relation to a listing hearing under rule 1325 (Listing hearing);\n(e) in relation to the setting down under rule 1326 (Special fixture)\nof a proceeding for trial as a special fixture;\n\n(f) in relation to the giving of directions under rule 1401 (Directions\ngenerally);\n(g) to hear and decide a proceeding on an application for directions\nunder rule 1403 (Decision in proceeding);\n(h) the setting of a date for a directions hearing under rule 1522\n(Separate decisions on questions—directions);\n(i) in relation to an application mentioned in any of the following\nrules:\n• rule 2010 (Enforcement—enforcement of Magistrates Court\norder in Supreme Court)\n• rule 2010A (Enforcement—certificate of registration of\nenforceable order under Service and Execution of Process\nAct)\n• rule 2052 (Enforcement orders—duration and renewal of\ncertain enforcement orders given to enforcement officers)\n• rule 2100 (Enforcement hearing—application by\nenforcement creditor)\n• rule 2101 (Enforcement hearing—otherwise than on\nenforcement creditor’s application)\n• rule 2151 (Instalment order—application by enforcement\ndebtor)\n• rule 2201 (Seizure and sale order—application)\n• rule 2218 (Seizure and sale order—additional provisions\nrelating to land)\n• rule 2219 (Seizure and sale order—power of entry for\nauction of land)\n• rule 2302 (Debt redirection order—application)\n• rule 2351 (Earnings redirection order—application)\n• rule 2402 (Charging order—application)\n\n• rule 2451 (Order for delivery of possession of land—\nmaking)\n• rule 2460 (Order for seizure and delivery of goods—\nmaking);\n(j) in relation to an enforcement hearing under division 2.18.3\n(Enforcement of money orders—enforcement hearings);\n(k) in relation to an instalment order agreement under rule 2157\n(Instalment order—instalment order agreement);\n(l) in relation to the giving of directions under rule 2307 (Debt\nredirection order—claim by someone else);\n(m) in relation to a notice of objection under rule 2311 (Debt\nredirection order—third person disputes liability);\n(n) under division 2.20.2 (Taking of accounts), division 2.20.3\n(Making of inquiries) and division 2.20.4 (Executors,\nadministrators and trustees—accounts and commission);\n(o) in relation to an application for grant of representation of the\nestate of a deceased person under part 3.1 (Administration and\nprobate) (including an application under the Administration and\nProbate Act 1929, section 80 (Reseal of grant made in\nreciprocating jurisdiction)), other than an application in relation\nto which a caveat is in force or to which division 3.1.9 (Other\nprobate proceedings) applies;\n(p) in relation to an application mentioned in rule 3080 (3)\n(Revocation of grant—urgent order before start of proceeding);\n(q) in relation to an application under part 3.8 (Foreign judgments—\nreciprocal enforcement);\n(r) in relation to the giving of directions under rule 3565 (Judicial\nreview—directions on return date);\n(s) to make an order under rule 4050 (1) (a) or (2) (Criminal\nproceedings—production of person in custody);\n\n(t) in relation to a matter mentioned in rule 4732 (Supreme Court\ncriminal proceedings—appearance when committed for\nsentence) or rule 4733 (Supreme Court criminal proceedings—\nappearance when committed for trial);\n(u) in relation to the giving of directions under rule 4738 (Supreme\nCourt criminal proceedings—directions);\n(v) in relation to an application under rule 6439 (Service of\noriginating application to recover unoccupied land);\n(w) in relation to an application for leave under rule 6482\n(Subpoena—service on special witness);\n(x) in relation to an application for leave under rule 6603 (Subpoena\nto produce—leave to serve late).\n(3) The registrar may also exercise the following jurisdiction of the court:\n(a) under a provision of the Australian Securities and Investments\nCommission Act 2001 (Cwlth) mentioned in column 2 of an item\nin schedule 5, part 5.3;\n(b) under the following provisions of the Bail Act 1992:\n• section 19 (Court bail—general), in relation to an\nunopposed application\n• section 33 (Continuation of bail and undertakings);\n(c) under the Children and Young People Act 2008, section 876A\n(Power of court to bring young detainee before it—civil\nproceeding);\n(d) under the Commercial Arbitration Act 2017, section 27A\n(Parties may obtain subpoenas);\n(e) under the Corrections Management Act 2007, section 217A\n(Power of court to bring detainee before it—civil proceeding);\n\n(f) under a provision of the Corporations Act mentioned in\ncolumn 2, or a provision of schedule 6 mentioned in column 3,\nof an item in schedule 5, part 5.2;\n(g) under the Court Procedures Act 2004, section 79E (Court may\nwaive requirements);\n(h) under the Crimes (Sentence Administration) Act 2005,\nsection 106 (Good behaviour—summons to attend court);\n(i) under the Crimes (Sentencing) Act 2005, section 41\n(Pre-sentence reports—order);\n(j) under the following provisions of the Evidence (Miscellaneous\nProvisions) Act 1991:\n• section 4AB (Direction to hold ground rules hearing)\n• section 4AC (Ground rules hearings—time limits)\n• section 4AD (Ground rules hearings—who must attend)\n• section 4AE (Ground rules hearings—intermediary’s\nreport)\n• section 4AJ (Appointment of witness intermediary—\ngenerally)\n• section 4AK (Appointment of witness intermediary—\nprescribed witnesses);\n(k) under the Legal Profession Act 2006, division 3.2.7 (Costs\nassessment);\n(l) under the following provisions of the Service and Execution of\nProcess Act 1992 (Cwlth):\n• section 11 (8) (Proof of service)\n• section 17 (1) (b) (Time for appearance)\n• section 30 (1) (b) (Time for service)\n• section 35 (3) (Entitlement to expenses)\n• section 45 (3) (Entitlement to expenses)\n• section 105 (4) (Enforcement of judgments);\n\n(m) under the Supreme Court Act 1933, section 55A (Hearing of bail\nNote The court may order the registrar to do, or not do, an act relating to the\nregistrar’s duties (see r 6904 (Mandatory order to registrar etc)).\n(4) The registrar may exercise the jurisdiction of the Court of Appeal in\nrelation to the conduct of a callover and under the following\nprovisions:\n• rule 5416 (2) (d) (Appeals to Court of Appeal—notice of\ncontention)\n• rule 5432 (Appeals to Court of Appeal—settlement of appeal\n• rule 5535 (1) (a) and (2) (Appeals to Court of Appeal—order for\nproduction of prisoner).\n(5) If the registrar may exercise the jurisdiction of the court to hear and\ndecide an application in a proceeding about a matter under\nsubrule (2) (a), the registrar may, on the registrar’s own initiative,\nexercise the jurisdiction of the court in relation to the matter even if\nthere is no application.\n(6) If, under this rule, the registrar may exercise the jurisdiction of the\ncourt in relation to a matter, the registrar may exercise the jurisdiction\nof the court to make any order the court could make, and do anything\nelse the court could do, in relation to the matter, including making\nany order that the court could make, or doing anything the court could\ndo, on its own initiative in relation to the matter.\nExample of thing court could do\nissue warrant\n\n","sortOrder":1382},{"sectionNumber":"6251","sectionType":"section","heading":"Jurisdiction exercisable by registrar of Magistrates Court","content":"6251 Jurisdiction exercisable by registrar of Magistrates Court\n(1) This rule applies only to the registrar of the Magistrates Court.\n(2) The registrar may exercise the following jurisdiction of the court:\n(a) to hear and decide an application in a proceeding, other than an\n(i) under a provision of these rules mentioned in schedule 5,\npart 5.4; or\n(ii) mentioned in rule 6006 (2) (c) (Application—pt 6.2) if the\napplication is opposed;\nNote Application in a proceeding is defined in r 6006 (Application—\npt 6.2).\n(b) to hear and decide an originating application mentioned in any\nof the following provisions of these rules:\n• rule 650 (2) (Discovery to identify potential defendant)\n• rule 651 (2) (Discovery to identify right to claim relief);\n(c) in relation to an application for default judgment under\nrule 1118 (3) (Default judgment—generally) or rule 1138 (3)\n(Default judgment—partial defence);\n(d) in relation to a listing hearing under rule 1325 (Listing hearing);\n(e) in relation to the setting down under rule 1326 (Special fixture)\nof a proceeding for trial as a special fixture;\n(f) in relation to the giving of directions under rule 1401 (Directions\ngenerally);\n(g) to hear and decide a proceeding on an application for directions\nunder rule 1403 (Decision in proceeding);\n(h) the setting of a date for a directions hearing under rule 1522\n(Separate decisions on questions—directions);\n\n(i) in relation to an application mentioned in any of the following\nrules:\n• rule 2010 (Enforcement—enforcement of Magistrates Court\norder in Supreme Court)\n• rule 2010A (Enforcement—certificate of registration of\nenforceable order under Service and Execution of Process\nAct)\n• rule 2052 (Enforcement orders—duration and renewal of\ncertain enforcement orders given to enforcement officers)\n• rule 2100 (Enforcement hearing—application by\nenforcement creditor)\n• rule 2101 (Enforcement hearing—otherwise than on\nenforcement creditor’s application)\n• rule 2151 (Instalment order—application by enforcement\ndebtor)\n• rule 2201 (Seizure and sale order—application)\n• rule 2302 (Debt redirection order—application)\n• rule 2351 (Earnings redirection order—application)\n• rule 2460 (Order for seizure and delivery of goods—\nmaking);\n(j) in relation to an enforcement hearing under division 2.18.3\n(Enforcement of money orders—enforcement hearings);\n(k) in relation to an instalment order agreement under rule 2157\n(Instalment order—instalment order agreement);\n(l) in relation to the giving of directions under rule 2307 (Debt\nredirection order—claim by someone else);\n(m) in relation to a notice of objection under rule 2311 (Debt\nredirection order—third person disputes liability);\n(n) to make an order under rule 3920 (4) (Arbitration—including\nother parties);\n\n(o) in relation to making an order to dispense with the requirement\nto hold a dispute resolution conference or excusing a party from\nattending a dispute resolution conference under rule 3945\n(Dispute resolution conference—listings etc);\n(p) in relation to making a direction for a further dispute resolution\nconference under rule 3948C (1) (a) (Dispute resolution\nconference—court orders on outcome of conference);\n(q) in relation to making a direction for the conduct of an arbitration\nunder rule 3948C (1) (b);\n(r) to make directions under rule 3967 (2) (Registered agreement—\napplication for amendment or cancellation);\n(s) to make an order under rule 4050 (1) (a) or (2) (Criminal\nproceedings—production of person in custody);\n(t) in relation to an application under rule 6439 (Service of\noriginating application to recover unoccupied land);\n(u) in relation to an application for leave under rule 6482\n(Subpoena—service on special witness);\n(v) in relation to an application for leave under rule 6603 (Subpoena\nto produce—leave to serve late).\n(3) The registrar may also exercise the following jurisdiction of the court:\n(a) under the Bail Act 1992, section 19;\n(b) under the Children and Young People Act 2008, section 876A\n(Power of court to bring young detainee before it—civil\nproceeding);\n(c) under the Commercial Arbitration Act 2017, section 27A\n(Parties may obtain subpoenas);\n(d) under the Corrections Management Act 2007, section 217A\n(Power of court to bring detainee before it—civil proceeding);\n\n(e) under the Court Procedures Act 2004, section 72 (1) (l) (Court\nproceedings involving children or young people not open to\npublic);\n(f) under the following provisions of the Crimes (Forensic\nProcedures) Act 2000:\n• section 37 (Securing the presence of suspects at hearings—\nsuspect not in custody)\n• section 77A (2) (Securing the presence of serious offender\nat hearing—offender in custody)\n• section 77B (Securing the presence of serious offender at\nhearing—offender not in custody);\n(g) under the Crimes (Sentence Administration) Act 2005,\nsection 106 (Good behaviour—summons to attend court);\n(h) under the following provisions of the Family Violence Act 2016:\n• part 3 (Family violence orders) other than section 32\n(Special interim orders—final application decided) and\ndivision 3.5 (Final orders)\n• section 47 (Interim order sought)\n• section 53 (Applicant not present at return of application)\n• section 54 (Respondent not present at return of application)\n• section 54A (Neither party present at return of application)\n• section 60 (Closed hearings in special circumstances)\n• section 70A (2) (Personal service of application on\nrespondent)\n• section 70B (Dismissal of application for non-service)\n• section 70E (Service of documents by police)\n• section 71 (Police officer party to proceeding—substitution\nof applicant etc)\n• section 71A (Request for further particulars)\n• section 73 (Costs)\n\n• section 75 (Child respondents)\n• section 76 (Representation—party with impaired\n• section 77 (Consent orders—party with impaired\n• section 81 (Litigation guardian—removal)\n• section 83 (Amendment of protection orders) if the other\nparty to the application for amendment of the protection\norder consents to the application or is not present, personally\nor by a representative, when the application is returned\nbefore the Magistrates Court\n• section 84 (Final orders—temporary amendment)\n• section 85 (General interim orders made by consent—\nextension)\n• section 86 (2) (Final orders—extension)\n• section 87 (Special interim orders—application for review)\n• section 88 (Special interim orders—review)\n• section 134 (Decision about hearing of application);\n(i) under the following provisions of the Personal Violence\nAct 2016:\n• part 3 (Protection orders) other than division 3.5 (Final\norders) and section 37 (3) (b) (Final orders—respondent’s\nfirearms)\n• section 38 (2) (Firearm licences—other conditions and\norders) if the registrar makes a non-cancellation order under\nsection 37 (3) (a)\n• section 41 (Interim order sought)\n• section 48 (Applicant not present at return of application)\n• section 49 (Respondent not present at return of application)\n• section 49A (Neither party present at return of application)\n• section 55 (Closed hearings in special circumstances)\n\n• section 64A (2) (Personal service of application on\nrespondent)\n• section 64B (Dismissal of application for non-service)\n• section 64E (Service of documents by police)\n• section 65 (Police officer party to proceeding for personal\nprotection order—substitution of applicant etc)\n• section 65A (Request for further particulars)\n• section 67 (Costs)\n• section 69 (Child respondents)\n• section 70 (Representation—party with impaired\n• section 71 (Consent orders—party with impaired\n• section 75 (Litigation guardian—removal)\n• section 77 (Amendment of protection orders) if the other\nparty to the application for amendment of the protection\norder consents to the application or is not present, personally\nor by a representative, when the application is returned\nbefore the Magistrates Court\n• section 78 (Final orders—temporary amendment)\n• section 79 (Interim orders made by consent—extension)\n• section 80 (2) (Final orders—extension);\n(j) under the following provisions of the Magistrates Court\nAct 1930:\n• section 28 (Power of court to amend information) if the\namendment is consented to or not opposed\n• section 72A (Bail application hearings—audiovisual links)\n• section 84 (1) (Particular cases may be adjourned) in\nrelation to a proceeding in which the defendant is not in\ncustody and the informant does not oppose bail\n\n• section 85 (2) (b) (Proceeding if either party not present at\nadjourned hearing)\n• section 109 (Dismissal or adjournment in absence of\ninformant)\n• section 154D (Fine defaulters—imprisonment);\n(k) under the following provisions of the Service and Execution of\nProcess Act 1992 (Cwlth):\n• section 11 (8) (Proof of service)\n• section 17 (1) (b) (Time for appearance)\n• section 30 (1) (b) (Time for service)\n• section 35 (3) (Entitlement to expenses)\n• section 45 (3) (Entitlement to expenses)\n• section 105 (4) (Enforcement of judgments);\n(l) under the Workers Compensation Act 1951, section 79.\nNote The court may order the registrar to do, or not do, an act relating to the\nregistrar’s duties (see r 6904 (Mandatory order to registrar etc)).\n(4) If the registrar may exercise the jurisdiction of the court to hear and\ndecide an application in a proceeding about a matter under\nsubrule (2) (a), the registrar may, on the registrar’s own initiative,\nexercise the jurisdiction of the court in relation to the matter even if\nthere is no application.\n\nRule 6252\n(5) If, under this rule, the registrar may exercise the jurisdiction of the\ncourt in relation to a matter, the registrar may exercise the jurisdiction\nof the court to make any order the court could make, and do anything\nelse the court could do, in relation to the matter, including making\nany order that the court could make, or doing anything the court could\ndo, on its own initiative in relation to the matter.\nExample of thing court could do\nissue warrant\n(6) A deputy registrar may exercise the jurisdiction of the court under this\nrule only if authorised in writing by the Chief Magistrate.\n(7) An authorisation under subrule (6) is a notifiable instrument.\n","sortOrder":1383},{"sectionNumber":"6252","sectionType":"section","heading":"Registrar’s powers—postponement of hearing","content":"6252 Registrar’s powers—postponement of hearing\n(1) This rule applies if a judicial officer—\n(a) is not available to exercise the jurisdiction of the court at the\ntime set for the hearing of a proceeding; and\n(b) is unlikely to become available within a reasonable time.\n(2) The registrar may, if asked by a party to the proceeding, postpone the\nhearing to another date or time set by the registrar.\n","sortOrder":1384},{"sectionNumber":"6253","sectionType":"section","heading":"Registrar’s powers—subpoenas","content":"6253 Registrar’s powers—subpoenas\n(1) This rule applies to a subpoena issued in a proceeding if the\njurisdiction of the court in the proceeding is to be, or is being\nexercised, by the registrar.\n\nRule 6254\n(2) The registrar may hear and decide an objection under rule 6609\n(Inspection of, and dealing with, subpoenaed documents and things\nproduced otherwise than on attendance) in relation to the subpoena\ninstead of referring the objection to the court.\n","sortOrder":1385},{"sectionNumber":"6254","sectionType":"section","heading":"Order that jurisdiction in proceeding be exercised by","content":"6254 Order that jurisdiction in proceeding be exercised by\njudicial officer other than registrar\n(1) If the jurisdiction of the court is to be, or is being, exercised in a\nproceeding by the registrar, a judicial officer of the court may order\nthat the jurisdiction of the court in the proceeding be exercised by a\njudicial officer of the court.\n(2) A judicial officer may make an order under this rule—\n(a) on application by a party to the proceeding; and\n(b) at any time before the end of the proceeding before the registrar.\n(3) If a judicial officer makes an order under this rule, the judicial officer\nexercising the jurisdiction of the court in the proceeding may—\n(a) hear and decide the proceeding; or\n(b) decide an issue in the proceeding and refer the proceeding back\nto the registrar and give the directions (if any) the judicial officer\nconsiders appropriate in relation to the proceeding.\n\nRule 6255\n","sortOrder":1386},{"sectionNumber":"6255","sectionType":"section","heading":"Registrar referring proceeding or issue to judicial officer","content":"6255 Registrar referring proceeding or issue to judicial officer\n(1) If the jurisdiction of the court is to be, or is being, exercised in a\nproceeding by the registrar, the registrar may refer the proceeding or\nan issue in the proceeding to a judicial officer of the court if the\nregistrar considers that it would be appropriate for the proceeding or\nissue to be decided by a judicial officer.\n(2) If the registrar refers the proceeding to a judicial officer, the judicial\nofficer may—\n(a) hear and decide the proceeding; or\n(b) refer the proceeding back to the registrar and give the directions\n(if any) the judicial officer considers appropriate in relation to\n(3) If the registrar refers an issue in the proceeding to a judicial officer,\nthe judicial officer may decide the issue or refer the issue back to the\nregistrar and give the directions (if any) the judicial officer considers\nappropriate in relation to the proceeding.\n","sortOrder":1387},{"sectionNumber":"6256","sectionType":"section","heading":"Appeals from registrar’s orders etc","content":"6256 Appeals from registrar’s orders etc\n(1) This rule applies to the following orders:\n(a) an order made by the registrar of the Supreme Court in the\nexercise of jurisdiction given under rule 6250 (Jurisdiction\nexercisable by registrar of Supreme Court);\n(b) an order made by the registrar of the Magistrates Court in a civil\n\nRule 6256\n(c) an order made by the registrar under rule 6253 (Registrar’s\npowers—subpoenas).\nNote 1 This rule does not apply to a family or personal violence proceeding (see\nr 3803 (c)).\nNote 2 Order is defined in the dictionary (see also def made).\n(2) If the order is made by the registrar of the Supreme Court, and a party\nto the proceeding is dissatisfied with the order, the party may appeal,\nin accordance with these rules, to the Supreme Court constituted by a\njudge.\nNote See the Supreme Court Act 1933, s 8 (Exercise of jurisdiction).\n(3) If the order is made by the registrar of the Magistrates Court, and a\nparty to the proceeding is dissatisfied with the order, the party may\nappeal, in accordance with these rules, to the Magistrates Court\nconstituted by a magistrate.\n(4) The appeal is a rehearing of the matter anew.\n(5) However, each party to the appeal may, subject to subrule (6) and any\nproper objections about admissibility, rely on any affidavit used, and\nany evidence given orally, before the registrar.\n(6) If a party to the appeal requires the attendance of someone for\nexamination at the hearing of the appeal, an affidavit made, or\nevidence given, by the person must not be used unless the person\nattends for examination or the court gives leave.\n(7) The court may—\n(a) confirm, amend or set aside the registrar’s order; and\n(b) make any other order the court considers appropriate.\nNote See pt 5.2 for the procedure to be followed for an appeal against an order\nof the registrar.\n\nRule 6300\n","sortOrder":1388},{"sectionNumber":"6300","sectionType":"section","heading":"Office hours","content":"6300 Office hours\n(1) The registry must be open between 9.15 am and 1 pm, and between\n2 pm and 4.15 pm, each day other than—\n(a) a Saturday, Sunday or public holiday; or\n(b) a day that falls between 26 December in a year and 1 January\nthe following year; or\n(c) a day, or part of a day, when a registrar directs that the registry\nis to be closed.\n(2) Before making a direction under subrule (1) (c), the registrar must if\npracticable consult the Chief Justice, the Chief Magistrate and the\nregistrar of the other court.\n(3) A registrar may open the registry at other times.\nregistrar does not include a deputy registrar.\n","sortOrder":1389},{"sectionNumber":"6301","sectionType":"section","heading":"Registrar’s duties","content":"6301 Registrar’s duties\nThe registrar must—\n(a) register all records, orders and convictions of the court; and\n(b) keep an account of all proceedings of the court; and\n(c) take charge, and keep an account, of all court fees, fines,\npenalties and costs and other amounts payable or paid into court,\nand of all amounts paid out of court.\n\nRegistry Part 6.6\nRule 6302\n","sortOrder":1390},{"sectionNumber":"6302","sectionType":"section","heading":"Cause book","content":"6302 Cause book\n(1) The registrar may keep a cause book.\n(2) The cause book—\n(3) The registrar must record in the cause book, for each originating\nprocess filed—\nproceeding under rule 71 (Numbering etc of proceedings); and\n(b) the date when—\n(i) the process was filed in the court; or\n(ii) if the proceeding was started by oral originating\napplication—the application was made; and\n(c) the other information that the court directs; and\n(d) any other information required under a territory law.\n(4) The registrar must also include in the cause book any other\ninformation required under a territory law.\nNote Rule 3310 (Cross-vesting—procedure following transfer of proceeding\nto court) requires certain information to be included in the cause book.\n(5) The registrar may record any other information in the cause book.\n(6) This rule applies only to the Supreme Court.\n","sortOrder":1391},{"sectionNumber":"6303","sectionType":"section","heading":"Registrar to keep seals","content":"6303 Registrar to keep seals\n(1) The registrar of the Supreme Court must keep the following seals:\n(a) the seal of the Court of Appeal;\n\nRule 6304\n(b) the seal of the Supreme Court.\n(2) The registrar of the Magistrates Court must keep the following seals:\n(a) the seal of the Magistrates Court;\n(b) the seal of the Coroner’s Court;\n(c) the seal of the Childrens Court;\n(d) the seal of the Industrial Court;\n(e) the seal of the Family Violence Court;\n(f) the seal of the Galambany Court.\n","sortOrder":1392},{"sectionNumber":"6304","sectionType":"section","heading":"Documents—sealing and stamping","content":"6304 Documents—sealing and stamping\n(1) A document must be sealed if the document is—\n(a) issued by the court; and\n(b) required to be sealed under these rules.\n(2) The registrar may stamp a document filed electronically to indicate\nthat it has been filed if—\n(a) the document has been filed by a party; and\n(b) a copy of the document must or may be served on another party;\nbut\n(c) the document is not required to be sealed under these rules.\n(3) The registrar may stamp a copy of a document to indicate that it is a\ncopy of a filed document if—\n(a) the document has been filed by a party; and\n(b) a copy of the document must or may be served on another party.\n\nRegistry Part 6.6\nRule 6304A\n","sortOrder":1393},{"sectionNumber":"6304A","sectionType":"section","heading":"Signing, sealing and stamping documents filed","content":"6304A Signing, sealing and stamping documents filed\nelectronically\n(a) these rules require a document to be signed by a registrar, sealed\nor stamped; and\n(b) the document is—\n(i) filed electronically in the court; or\n(ii) issued electronically by the court.\n(2) The signature of the registrar, and the seal or stamp of the court, may\nbe affixed to the document electronically.\n","sortOrder":1394},{"sectionNumber":"6304B","sectionType":"section","heading":"Issue of documents electronically by court","content":"6304B Issue of documents electronically by court\n(1) If these rules require the court to issue a document to a person in a\nproceeding, the court may issue the document by—\n(a) if the person is a registered user of the electronic lodgment\nfacility—advising the person by email that the document is\navailable on the electronic lodgment facility in the file for the\n(b) if the person has given an address for service that includes an\nemail address—emailing the document to the email address.\n(2) A document issued under subrule (1) must state the date and time the\ndocument is issued.\n","sortOrder":1395},{"sectionNumber":"6305","sectionType":"section","heading":"Issue of commissions","content":"6305 Issue of commissions\nIf a territory law requires the court to issue a commission, the registrar\nmust issue the commission.\n\nRule 6306\n","sortOrder":1396},{"sectionNumber":"6306","sectionType":"section","heading":"Duplicate sealed etc documents","content":"6306 Duplicate sealed etc documents\n(1) This rule applies if the registrar is satisfied, by affidavit or otherwise,\nthat a sealed or stamped document has been lost or destroyed.\n(2) The registrar may issue a duplicate copy of the document.\n","sortOrder":1397},{"sectionNumber":"6307","sectionType":"section","heading":"Delegation by registrar","content":"6307 Delegation by registrar\n(1) The registrar of the court may delegate the registrar’s functions under\na territory law to a public servant.\n(2) This rule does not apply to functions in the exercise of the court’s\njurisdiction.\nNote 1 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nTime Part 6.7\nRule 6350\nNote to pt 6.7\nThe Legislation Act contains provisions that apply in working out periods of time,\nincluding the following:\n• s 151 (Working out periods of time generally)\n• s 151A (Periods of time ending on non-working days)\n• s 151B (Doing things for which no time is fixed).\n","sortOrder":1398},{"sectionNumber":"6350","sectionType":"section","heading":"Time—certain days excluded in working out","content":"6350 Time—certain days excluded in working out\n(1) This rule applies if, under these rules or an order of the court,\nsomething must or may be done within a particular period of time.\n(2) If the period is 5 days or less, any day when the registry is closed is\nexcluded in working out when the thing must or may be done.\nAn application must be served at least 2 days before the return date for the\napplication under rule 6008 (Application in proceeding—filing and service). If the\nreturn date is a Monday, the weekend before the return date is excluded in working\nout the 2-day period, and the application must be served no later than Wednesday\nbefore the return date.\n(3) Any day in the period beginning on 25 December and ending on\n1 January is excluded in working out when the thing must or may be,\nor is, done.\n","sortOrder":1399},{"sectionNumber":"6351","sectionType":"section","heading":"Time—extending and shortening by court order","content":"6351 Time—extending and shortening by court order\n(1) This rule applies if, under these rules or an order of the court,\nsomething must or may be done in a proceeding within a particular\nperiod of time (however expressed).\n(2) On application by a party to the proceeding, the court may, by order,\nextend or shorten the period.\nNote 1 The Legislation Act, s 151C (Power to extend time) applies to this power.\n\nRule 6352\nNote 3 Rule 6901 (Orders may be made on conditions) provides that the court\n","sortOrder":1400},{"sectionNumber":"6352","sectionType":"section","heading":"Time—fixing by court order","content":"6352 Time—fixing by court order\n(a) under these rules or an order of the court, something must or\nmay be done in or in relation to a proceeding; but\n(b) no time is provided for doing the thing.\n(2) On application by a party to the proceeding, the court may, by order,\nfix the period within which the thing may or must be done.\n\nService—preliminary Division 6.8.1\nRule 6400\nDivision 6.8.1 Service—preliminary\n","sortOrder":1401},{"sectionNumber":"6400","sectionType":"section","heading":"Application—pt 6.8","content":"6400 Application—pt 6.8\nThis part applies to a document that is required or allowed under these\nrules to be served, whether the word ‘serve’, ‘give’, ‘notify’, ‘send’,\n‘tell’ or any other word is used.\nNote 1 The following rules do not apply to a family or personal violence\nproceeding (see r 3803):\n• r 6103 (1) (a) (i) (Documents—layout etc)\n• r 6120 (b) (Filing documents—number of copies)\n• r 6256 (Appeals from registrar’s orders etc)\n• div 6.8.3 (Service—Magistrates Court)\n• r 6430 (Service in Australia but outside ACT)\n• r 6435 (Service on children)\n• r 6436 (Service on people with mental disabilities)\n• r 6460 (Substituted service)\n• r 6464 (4) (Acceptance of service by solicitor)\n• r 6467 (2) (a) (iii) (Proof of service)\n• r 6469 (2) (b) (Change of address for service).\nNote 2 The following rules do not apply to a criminal proceeding (see r 4006):\n• r 6412 (Service of originating process by post—Magistrates Court)\n• r 6413 (Doubtful service—Magistrates Court)\n• r 6421 (Service by filing)\n• div 6.8.5 (Service—particular cases)\n• r 6460 (Substituted service)\n• r 6461 (Informal service)\n• r 6462 (Service on agent)\n\nRule 6401\n• r 6463 (Service under contract)\n• div 6.8.9 (Service out of Australia)\n• div 6.8.11 (Service of foreign legal process in the ACT)\n• div 6.8.12 (Service under the Hague Convention).\n","sortOrder":1402},{"sectionNumber":"6401","sectionType":"section","heading":"Service of filed documents","content":"6401 Service of filed documents\n(1) If a party files a document in a proceeding, the party must serve sealed\nor stamped copies of the document on each other active party.\n(2) This rule does not apply to an application allowed under a territory\nlaw to be filed in the court without being served on another party.\n","sortOrder":1403},{"sectionNumber":"6405","sectionType":"section","heading":"How document is personally served","content":"6405 How document is personally served\n(1) To serve a document personally on a person, the person serving the\ndocument must give the person—\n(a) if the original of the document is sealed—a sealed copy of the\n(b) in any other case—a stamped copy of the document.\n(2) However, if the person does not accept the copy, the person serving\nthe document may serve it by putting the copy down in the person’s\npresence and telling the person in general terms what it is.\n(3) Also, if the person serving the document is prevented from\napproaching the person by violence or threat of violence, the person\nserving the document may serve it by putting the copy down as near\nas practicable to, but in the sight of, the person being served.\n(4) For this rule, it is not necessary to show that the original of the\ndocument was served.\n\nService—Magistrates Court Division 6.8.3\nRule 6410\n","sortOrder":1404},{"sectionNumber":"6410","sectionType":"section","heading":"Application—div 6.8.3","content":"6410 Application—div 6.8.3\nAll documents in a proceeding in the Magistrates Court, including a\ndocument required by these rules to be served on a person personally,\nmay be served in accordance with this division, unless a territory law\nexpressly provides otherwise.\n","sortOrder":1405},{"sectionNumber":"6411","sectionType":"section","heading":"Service on individuals generally—Magistrates Court","content":"6411 Service on individuals generally—Magistrates Court\n(1) A document in a proceeding, other than a subpoena, may be served\non an individual—\n(a) by serving the document personally on the individual; or\n(b) by serving the document on the individual in accordance with\nrule 6420 (Ordinary service—address for service); or\n(c) if the individual does not have an address for service—by\nleaving a sealed or stamped copy of the document at the\nlast-known home or business address of the individual with\nsomeone who appears to be at least 16 years old and to live or\nbe employed at the address.\nNote 1 Rule 6431 (Service on corporations—generally) and r 6432 (Service on\ncorporations—additional ways for all corporations) deal with service on\ncorporations.\nNote 2 A subpoena must be served personally on the addressee (see r 6605\n(Service of subpoena)).\n(2) To remove any doubt, subrule (1) (b) and (c) apply to the document\nwhether or not the document is required by these rules to be served\npersonally.\n\nRule 6412\n","sortOrder":1406},{"sectionNumber":"6412","sectionType":"section","heading":"Service of originating process by post—Magistrates","content":"6412 Service of originating process by post—Magistrates\n(1) The plaintiff may serve an originating process by post by sending a\nsealed copy by prepaid post in accordance with subrule (2) if the\ndefendant’s address stated in the process is an address in the ACT.\n(2) The copy must be sent in an envelope—\n(a) addressed to the defendant at the defendant’s address stated in\nthe originating process; and\n(b) marked with a return address.\n(3) The return address must be the registry’s address, but must not be\nidentified as such.\n(4) If the plaintiff serves an originating process under this rule, the\nplaintiff must complete and file a certificate of postal service for the\nNote See approved form 6.4 (Certificate of postal service) AF2019-29.\n(5) If the plaintiff completes and files a certificate of postal service for\nthe originating process, the plaintiff is taken to have served the\nprocess personally on the defendant.\n(6) However, if the envelope containing the originating process is\nreturned to the registry by the postal authority as not having been\ndelivered to the defendant—\n(a) the plaintiff is not taken to have served the process on the\ndefendant; and\n(b) the registrar must—\n(i) if judgment has been entered on the basis of the postal\nservice—\n(A) set aside the judgment; and\n\nService—Magistrates Court Division 6.8.3\nRule 6413\n(B) if an enforcement proceeding has been issued—\nwithdraw the proceeding; and\n(ii) tell the plaintiff—\n(A) that the process has not been served; and\n(B) if judgment has been set aside—that judgment has\nbeen set aside.\n","sortOrder":1407},{"sectionNumber":"6413","sectionType":"section","heading":"Doubtful service—Magistrates Court","content":"6413 Doubtful service—Magistrates Court\n(a) an originating process or other document in a proceeding has\nbeen served on a person under rule 6411 (1) (c) (Service on\nindividuals generally—Magistrates Court) or rule 6412 (Service\nof originating process by post—Magistrates Court); and\n(b) the court is satisfied that—\n(i) the document did not come to the knowledge of the person\nwithin a reasonable time; or\n(ii) there is doubt about whether the document came to the\nknowledge of the person within a reasonable time.\n(2) The court must not allow any further step in the proceeding to be\ntaken against the person.\n(3) On application by the person or a party to the proceeding, or on its\nown initiative, the court must—\n(a) strike out or adjourn the proceeding; or\n(b) order that the document be re-served on the person in the way\n(if any) stated in the order; or\n(c) if judgment has been entered because the document was taken\nto be served—set aside the judgment; or\n\nRule 6420\n(d) make any other order it considers appropriate.\n","sortOrder":1408},{"sectionNumber":"6420","sectionType":"section","heading":"Ordinary service—address for service","content":"6420 Ordinary service—address for service\nIf a document is not required by these rules to be served personally\non a person, the document may be served on the person—\n(a) by serving it personally on the person; or\n(b) by leaving a sealed or stamped copy at the person’s address for\nservice; or\n(c) by sending a sealed or stamped copy by prepaid post, addressed\nto the person, at the person’s address for service; or\n(d) if the person’s address for service includes a postbox at a post\noffice in the ACT—by sending a sealed or stamped copy by\nprepaid post, addressed to the person, at the person’s postbox;\nor\n(e) if the person’s address for service includes a document exchange\nbox number—by leaving a sealed or stamped copy, addressed to\nthe person, in the exchange box or at a collection point of the\ndocument exchange for delivery to the exchange box; or\n(f) if the person’s address for service includes a fax number—by\nfaxing a sealed or stamped copy to the fax number; or\n(g) if the person’s address for service includes an email address—\nby emailing a copy to the email address; or\n(h) if the document to be served is from the registrar’s office, the\nperson has a solicitor, and the solicitor has a collection box in\nthe office—by leaving a copy of the document in the solicitor’s\ncollection box.\n\nRule 6421\n","sortOrder":1409},{"sectionNumber":"6421","sectionType":"section","heading":"Service by filing","content":"6421 Service by filing\n(1) This rule—\n(a) applies if a defendant—\n(i) has not filed in the court a notice of intention to respond or\ndefence; or\n(ii) has not given an address for service; and\n(b) does not apply to a document that must be served personally.\nproceedings—application of pt 6.8) and see also r 4007 (Criminal\nproceedings—service on accused person by filing if no address for\n(2) A document may be served on the defendant by—\n(a) filing it in the court; and\n(b) sending a sealed or stamped copy by prepaid post, addressed to\nthe defendant, at the defendant’s last-known address.\n(3) A document filed under this rule must state on its first page that it is\nfiled under this rule.\nNote to div 6.8.5\nThis division does not apply to a criminal proceeding (see r 4006 (Criminal\n","sortOrder":1410},{"sectionNumber":"6430","sectionType":"section","heading":"Service in Australia but outside ACT","content":"6430 Service in Australia but outside ACT\n(1) This rule applies only to service of an originating process outside the\nACT but in Australia.\n(2) The originating process must be served in accordance with the\nService and Execution of Process Act 1992 (Cwlth).\n\nRule 6431\nAustralia includes the external territories.\n","sortOrder":1411},{"sectionNumber":"6431","sectionType":"section","heading":"Service on corporations—generally","content":"6431 Service on corporations—generally\n(1) A document may be served on a corporation under these rules in a\nway provided—\n(a) for the service of documents on the corporation under the\nCorporations Act or another applicable law; or\n(b) by rule 6432 (Service on corporations—additional ways for all\ncorporations).\nNote 1 Meaning of corporation\nCorporation includes a body politic or corporate (see Legislation Act,\ndict, pt 1).\nNote 2 Corporations Act\n• the Corporations Act, s 109X provides non-exhaustively for the\nservice of documents on a company registered under that Act. The\nsection does not apply to a document that may be served under the\nService and Execution of Process Act 1992 (Cwlth) (SEPA), s 9 (see\ns 9 (9))\n• the Corporations Act, s 601CX provides for service of documents\non a body corporate registered under that Act, pt 5B.1 (Registering\na body corporate as a company). The section does not apply to a\ndocument that may be served under SEPA, s 9 (see s 9 (9)).\nNote 3 Service and Execution of Process Act\nSEPA, s 9 provides exhaustively for service of documents under that Act\non a company or registered body corporate (see also s 15 (3)). SEPA, s\n10 provides non-exhaustively for service of documents under that Act on\nany other body corporate (but see s 15 (4) for an originating process).\nSEPA, s 15 (5) provides for service of an originating process under that\nAct on a body politic.\nNote 4 ACT legislation—general\nThe Legislation Act, pt 19.5 provides non-exhaustively for the service of\ndocuments on corporations generally (including territory agencies).\n\nRule 6432\nNote 5 ACT legislation—specific\n• the Associations Incorporation Act 1991, s 122 provides\nnon-exhaustively for the service of documents and process on an\nincorporated association under that Act\n• the Community Title Act 2001, s 59 provides for an address for\nservice for a body corporate under that Act (see also Legislation Act,\ns 246, def business address)\n• the Cooperatives Act 2002, s 461 provides non-exhaustively for the\nservice of documents on a foreign cooperative by post\n• the Unit Titles Act 2001, s 79 provides non-exhaustively for the\nservice of documents on an owners corporation under that Act.\nNote 6 Service on governments\nThe Judiciary Act 1903 (Cwlth), s 63 provides for service of process on\nthe Commonwealth or a State. The Court Procedures Act 2004, s 33 and\ns 34 provide for service on the Territory and its Ministers.\ndocument, service of the document on a corporation in a way\nmentioned in subrule (1) is taken to be personal service of the\ndocument on the corporation.\n","sortOrder":1412},{"sectionNumber":"6432","sectionType":"section","heading":"Service on corporations—additional ways for all","content":"6432 Service on corporations—additional ways for all\ncorporations\n(1) A document may be served on a corporation under these rules by\nleaving it at, or sending it by post to, the corporation’s registered\noffice.\n(2) This rule does not affect the operation of any other law that authorises\nor requires service of a document otherwise than as provided under\nNote The note to r 6431 (1) sets out other applicable laws.\nregistered office, for a corporation, includes—\n(a) if the corporation has a registered office under the Corporations\nAct—that office; and\n\nRule 6433\n(b) if under a territory law or a law of the Commonwealth a\ndocument may be served on the corporation by leaving it at, or\nsending it by post to, a place—that place; and\n(c) if paragraphs (a) and (b) do not apply in relation to the\ncorporation but it has an office or place of business in the\nACT—that office or place.\n","sortOrder":1413},{"sectionNumber":"6433","sectionType":"section","heading":"Service of originating process on partnership","content":"6433 Service of originating process on partnership\n(1) An originating process against a partnership must be served in\naccordance with these rules—\n(a) on at least 1 of the partners; or\n(b) on someone at the partnership’s main place of business in the\nACT who appears to have control or management of the\npartnership’s business at the place; or\n(c) for an incorporated limited partnership—at the partnership’s\nregistered office.\n(2) If the originating process is served under subrule (1), each of the\npartners who were partners in the partnership when the originating\nprocess was issued, including a partner who was outside the ACT at\nthe time, is taken to have been served.\n(3) However, if the plaintiff knows that the partnership has been\ndissolved before the proceeding is started, the originating process\nmust be served on everyone sought to be made liable.\n(4) To remove any doubt, if the partnership has been dissolved before the\nproceeding is started, but the plaintiff does not know it has been\ndissolved, subrules (1) and (2) apply as if the partnership had not been\ndissolved.\n(5) The originating process must also be served on anyone the plaintiff\nseeks to make liable as a partner but who was not a partner when the\noriginating process was issued.\n\nRule 6434\nregistered office, of an incorporated limited partnership, means the\nregistered office kept under the Partnership Act 1963, section 90.\n","sortOrder":1414},{"sectionNumber":"6434","sectionType":"section","heading":"Service on defendant operating under business name","content":"6434 Service on defendant operating under business name\n(1) This rule applies in relation to a person if—\n(a) the person (the defendant) is carrying on business under a\nbusiness name; and\n(b) a proceeding is started against the defendant under the business\nname.\n(2) The originating process for the proceeding may be served on the\n(a) if the business name is registered under the Business Names\nRegistration Act 2011 (Cwlth)—\n(i) by serving it personally on someone at the address shown\nin the Commonwealth business names register as the\naddress for service who appears to be at least 16 years old\nand to be employed at the business; or\n(ii) by sending it by prepaid post, addressed to the defendant,\nto any place where business is carried on under the\nregistered name, whether or not the place is in the ACT; or\n(b) if the business name is not registered under the Business Names\nRegistration Act 2011 (Cwlth)—by serving it personally on\nsomeone at the place of business who appears—\n(i) to have control or management of the business at the place;\nand\n(ii) to be at least 16 years old.\n\nRule 6435\n(3) Any other document for the proceeding may be served on the\n(a) as mentioned in subrule (2); or\n(b) by sending it by prepaid post, addressed to the defendant, to any\nplace where business is carried on, whether or not the place is in\nthe ACT.\n(4) For any provision of these rules requiring personal service of a\ndocument on the defendant, service of the document in accordance\nwith subrule (2) or (3) is taken to be personal service of the document\non the defendant.\nCommonwealth business names register means the business names\nregister under the Business Names Registration Act 2011 (Cwlth),\nsection 22.\n","sortOrder":1415},{"sectionNumber":"6435","sectionType":"section","heading":"Service on children","content":"6435 Service on children\nserved on a child for a proceeding must be served instead on the\nperson who is the child’s litigation guardian for the proceeding.\nNote The Legislation Act, dict, pt 1 defines child as an individual who is under\n18 years old.\n(2) If the child does not have a litigation guardian for the proceeding, the\ndocument must be served instead on—\n(a) if the child is at least 16 years old—the child; or\n(b) the child’s parent or guardian; or\n(c) if there is no parent or guardian—\n(i) an adult who has parental responsibility for the child under\nthe Children and Young People Act 2008; or\n\nRule 6436\n(ii) if there is no-one under subparagraph (i)—an adult who\notherwise has care of the child or with whom the child\nlives.\ndocument, personal service of the document on a person (including\nthe child) under subrule (1) or (2) is taken to be personal service on\nthe child.\n","sortOrder":1416},{"sectionNumber":"6436","sectionType":"section","heading":"Service on people with mental disabilities","content":"6436 Service on people with mental disabilities\nserved on a person for a proceeding with a mental disability who is\nan adult (the relevant person) must be served instead on—\n(a) the person who is the relevant person’s litigation guardian for\nthe proceeding; or\n(b) if there is no-one under paragraph (a)—a person who is entitled\nunder rule 276 (2) (Who may be litigation guardian) to be the\nrelevant person’s litigation guardian for the proceeding; or\n(c) if there is no-one under paragraph (a) or (b)—\n(i) an adult who has the care of the relevant person; or\n(ii) an adult with whom the relevant person lives.\nNote Person with a mental disability is defined in the dictionary.\ndocument, personal service of the document on a person under\nsubrule (1) is taken to be personal service on the relevant person.\n","sortOrder":1417},{"sectionNumber":"6437","sectionType":"section","heading":"Service on detainees","content":"6437 Service on detainees\nserved on a detainee must be served on the person in charge of the\nplace where the detainee is being detained.\n\nRule 6438\ndocument, personal service of the document on a person under\nsubrule (1) is taken to be personal service on the detainee.\ndetainee means a person who is a full-time detainee under the Crimes\n(Sentence Administration) Act 2005.\nproceedings—application of pt 6.8) and see also r 4009 (Criminal\nproceedings—service of documents when unrepresented accused person\nin custody)).\n","sortOrder":1418},{"sectionNumber":"6438","sectionType":"section","heading":"Service if no-one found at party’s address for service","content":"6438 Service if no-one found at party’s address for service\n(1) This rule applies to a party to a proceeding if the party does not have\na solicitor, and no-one can be found at the party’s address for service.\nproceedings—application of pt 6.8) and see also r 4008 (Criminal\nproceedings—service if no-one found at accused person’s address for\n(2) Any document in the proceeding may be served on the party by\nleaving a copy at the party’s address for service in a position where it\nis reasonably likely to come to the party’s attention.\n(3) This rule does not apply to a document that is required under a\nterritory law to be served personally on the party.\n\nRule 6439\n","sortOrder":1419},{"sectionNumber":"6439","sectionType":"section","heading":"Service of originating application to recover unoccupied","content":"6439 Service of originating application to recover unoccupied\nland\n(1) This rule applies if an originating application in a proceeding to\nrecover unoccupied land cannot be served on the defendant without\nunreasonable delay or expense.\n(2) The court may order that the application may be served by attaching\na stamped copy of the application to a door of a house, or to\nsomething else at another conspicuous place, on the land.\n(3) An order under subrule (2) may direct that the application be taken to\nbe served on the defendant at the end of a stated time.\n(4) If an application has been served by attaching a stamped copy of the\napplication to something at a conspicuous place on the land other than\nunder an order under subrule (2), the court may order that the\napplication be taken to be served on the defendant on a date stated in\n(5) Service under this rule is taken to be personal service.\n(7) An application under this rule is made by filing in the court—\n(b) an affidavit in support of the order.\n(8) The draft order and supporting affidavit need not be served on anyone\n(9) Unless the court otherwise orders on its own initiative, an application\nNote For the jurisdiction of the Magistrates Court in relation to title to land,\nsee the Magistrates Court Act 1930, s 264 (Proceedings affecting title to\nland).\n\nRule 6450\n","sortOrder":1420},{"sectionNumber":"6450","sectionType":"section","heading":"Time of service at address for service","content":"6450 Time of service at address for service\nService of a document at an address for service is taken to have been\n(a) if the document is left with someone or at a place in accordance\nwith these rules—\n(i) if the document is left before 4 pm on a day—on that day;\nor\n(ii) if the document is left at or after 4 pm on a day—on the\nnext day; or\n(b) if the document is served by post in Australia or an external\nterritory in accordance with these rules—7 days after the day it\nis posted, unless the contrary is proved; or\n(c) if the document is left in a document exchange box or at a\ncollection point of an authorised DX system in accordance with\nthese rules—2 days after the day it is left; or\n(d) if the document is faxed in accordance with these rules—1 day\nafter the day it is faxed; or\n(e) if the document is emailed to an email address in accordance\nwith these rules—\n(i) if the document is sent before 4 pm on a day—on that day;\nor\n(ii) if the document is sent at or after 4 pm on a day—on the\nnext day.\n\nRule 6460\n","sortOrder":1421},{"sectionNumber":"6460","sectionType":"section","heading":"Substituted service","content":"6460 Substituted service\n(1) This rule applies if these rules require or allow a document in a\nproceeding to be served in a particular way (the authorised way).\n(2) A party to the proceeding may apply to the court for an order allowing\nthe document to be served in another way (the alternative way).\n(3) The court may make the order if satisfied that—\n(a) it is impracticable, for any reason, for the document to be served\nin the authorised way; and\n(b) the alternative way is reasonably likely to bring the document to\nthe attention of the person to be served.\n(4) If the court makes the order, it may, in the order, provide that the\ndocument is taken to have been served on the happening of a stated\nevent, at a stated time or at the end of a stated period.\n(5) The court may make an order under this rule even though the person\nto be served is not in the ACT or Australia or was not in the ACT or\nAustralia when the proceeding started.\n(6) For any provision of these rules requiring personal service of a\ndocument on a person, service of the document on the person in\naccordance with an order under subrule (3) is taken to be personal\nservice of the document on the person.\n\nRule 6461\n","sortOrder":1422},{"sectionNumber":"6461","sectionType":"section","heading":"Informal service","content":"6461 Informal service\n(a) a document is not served on a person as required or allowed by\nthis part but the document or a copy of it comes to the notice of\nthe person; and\n(b) the court is satisfied that the document came to the person’s\nnotice on or before a particular day.\n(2) The court may, by order, decide that the document was served on the\nperson on the day stated in the order.\ndocument on a person, the document is taken to have been personally\nserved on the person on that day.\n","sortOrder":1423},{"sectionNumber":"6462","sectionType":"section","heading":"Service on agent","content":"6462 Service on agent\n(1) This rule applies if a person living or carrying on a business outside\nthe ACT (the principal) enters into a contract in the ACT through an\nagent living or carrying on business in the ACT.\n(2) The court may, without deciding the agent’s authority or business\nrelationship with the principal, give leave to a person to serve an\noriginating process or notice of appeal relating to a proceeding arising\nout of the contract on the agent.\n\nRule 6463\n(3) If the court gives leave under subrule (2), the court must state the time\nwithin which the principal must file a notice of intention to respond\nor defence.\n(4) If the person serves the originating process or notice of appeal on the\nagent under this rule, the person must immediately send to the\nprincipal by prepaid post, addressed to the principal, at the principal’s\naddress outside the ACT, or by email, a copy—\n(a) of the originating process or notice of appeal; and\n(b) of the order giving leave under subrule (2).\n","sortOrder":1424},{"sectionNumber":"6463","sectionType":"section","heading":"Service under contract","content":"6463 Service under contract\n(1) This rule applies if, before or after a proceeding starts, parties to the\nproceeding agree that a document relating to the proceeding may be\nserved on 1 or more of the parties, or someone else for 1 or more of\nthe parties, in a way or at a place, in the ACT or somewhere else,\nstated in the agreement.\n(2) The document may be served in accordance with the agreement.\ndocument on a party to the agreement, service of the document on the\nparty in accordance with the agreement is taken to be personal service\non the party.\n","sortOrder":1425},{"sectionNumber":"6464","sectionType":"section","heading":"Acceptance of service by solicitor","content":"6464 Acceptance of service by solicitor\n(1) A solicitor may accept service of a document for a person (the\nrelevant person).\n(a) make a note on a copy of the document to the effect that the\nsolicitor accepts service for the relevant person; and\n\nRule 6465\n(b) give the copy to the person serving the document.\n(3) The relevant person is taken to have been served with the document\non the day the solicitor accepts service of the document, unless the\nrelevant person proves the solicitor did not have authority to accept\nservice for the relevant person.\n(4) For any provision of these rules requiring personal service of a\ndocument, service of the document on the solicitor under this rule is\ntaken to be personal service on the relevant person.\n","sortOrder":1426},{"sectionNumber":"6465","sectionType":"section","heading":"Special requirements for service by fax","content":"6465 Special requirements for service by fax\n(1) A document served by fax must include a cover page stating the\n(a) the sender’s name and address;\n(b) the name of the person to be served;\n(c) the date and time of transmission;\n(d) the total number of pages, including the cover page, transmitted;\n(e) the phone number from which the document is transmitted;\n(f) the name and phone number of a person to contact if there is a\nproblem with the transmission;\n(g) that the transmission is for service under these rules.\n(2) An affidavit of service of a document by fax must include, as an\nannexure, the transmission advice, generated by the sender’s fax\nmachine, indicating the transmission was successful.\n","sortOrder":1427},{"sectionNumber":"6466","sectionType":"section","heading":"Email service—other matters","content":"6466 Email service—other matters\n(1) This rule applies if a document (the emailed document) is served by\nemail under these rules.\n(2) The emailed document must be capable of being printed by the\nrecipient with the content and in the form in which it was created.\n\nRule 6466\n(3) The email attaching the emailed document must include the\n(a) the name and phone number of a person to contact if there is a\nproblem with the email;\n(b) that the emailed document is for service under these rules.\n(4) If these rules require or allow the emailed document to be signed, it\nis sufficient compliance if the person who serves the emailed\ndocument—\n(a) identifies himself or herself in the email by stating his or her\nname and business address; and\n(b) states in the email that the original of the emailed document was\nsigned and by whom.\nNote These rules is defined in the dictionary.\n(5) If these rules require or allow service of a sealed or stamped copy of\na document, it is sufficient compliance if—\n(a) if the document was filed electronically in the court—the\nemailed document is an electronic copy of the document that\nwas marked by the court as electronically sealed or stamped; or\n(i) the emailed document is a copy of a document that was\nsealed or stamped; and\n(ii) the person who serves the emailed document states in the\nemail that the original of the emailed document was sealed\nor stamped.\n\nRule 6467\n(6) If the emailed document is a copy of an affidavit, the original affidavit\nis taken to have been sworn if—\n(a) the original affidavit was properly sworn; and\n(b) the person who serves the copy of the affidavit states in the email\nthat the original was properly sworn.\n","sortOrder":1428},{"sectionNumber":"6467","sectionType":"section","heading":"Proof of service","content":"6467 Proof of service\n(1) Service of a document may be proved—\n(a) by affidavit of service made by the person who served the\n(b) by the person who served the document giving sworn evidence\nabout the service; or\n(c) if the document was served under rule 6412 (Service of\noriginating process by post—Magistrates Court)—by\nproduction of the certificate of postal service; or\n(d) in another way that the court directs is to be treated as\ndirection.\n(2) If an affidavit of service of a document is required or allowed under\na territory law, the affidavit—\n(a) for service in accordance with rule 6405 (How document is\npersonally served)—must be made by the person who served the\ndocument and include the following:\n(i) the person’s full name;\n(ii) the time, day and date the document was served;\n(iii) the place of service;\n(iv) the name of the person served and how the person was\nidentified; or\n\nRule 6467\n(b) for any other kind of service—\n(i) must state how the document was served; and\n(ii) must state the relevant dates and the facts showing service;\nand\n(iii) if service was made in a way that required the person\nserved to be identified—how the person was identified;\nand\n(iv) may be made on information given to, or the belief of, the\nperson causing the service; and\n(v) if made on information given to the person causing the\nservice—must state the source of the information.\n(3) For subrule (2) (b) (ii), if the document was served by post, the\naffidavit must state the following:\n(a) that it was sent by prepaid post to a stated address;\n(b) that it was addressed to the person or, if it was sent to an address\nfor service that is the office of a solicitor, to that solicitor;\n(c) the date the document was posted.\n(4) Subrules (2) and (3) do not limit the matters to be stated in the\n(5) If the court gives leave to serve a document—\n(a) a sealed copy of the order giving leave must be served with the\ndocument; and\n(b) any affidavit of service for the document must deal with the\nservice of the order as well as the service of the document.\n\nRule 6468\n(6) An affidavit of service of a document must—\n(a) have the document filed with it as an annexure or exhibit or be\nwritten on the document; or\n(b) if the document has been filed in the court—mention the\ndocument in a way sufficient to enable the document to be\nidentified.\n","sortOrder":1429},{"sectionNumber":"6468","sectionType":"section","heading":"Identity of person served","content":"6468 Identity of person served\nFor proving service, a statement by the person served of his or her\nidentity or that the person holds a particular position is evidence of\nthe identity or that the person holds the position.\n","sortOrder":1430},{"sectionNumber":"6469","sectionType":"section","heading":"Change of address for service","content":"6469 Change of address for service\n(1) This rule applies if a person has given the court an address for service\nin a proceeding and the person’s address for service changes in any\nway before the proceeding is finally disposed of.\n(2) The person must—\n(a) file in the court a notice stating the new address (the new address\nnotice); and\n(b) serve a sealed or stamped copy of the new address notice on\nevery other active party to the proceeding.\nNote See approved form 6.15 (Notice of change of address for service)\nAF2006-423.\n\nService of subpoenas and notices instead of subpoenas—general Division 6.8.8\nRule 6480\nDivision 6.8.8 Service of subpoenas and notices\ninstead of subpoenas—general\n","sortOrder":1431},{"sectionNumber":"6480","sectionType":"section","heading":"Definitions—div 6.8.8","content":"6480 Definitions—div 6.8.8\nACT Ambulance Service means the ACT Ambulance Service\nestablished under the Emergencies Act 2004, section 40.\nmedical expert means a health practitioner registered under the\nHealth Practitioner Regulation National Law (ACT) Act 2010.\nspecial witness means—\n(a) a medical expert; or\n(b) a member of the ACT Ambulance Service.\n","sortOrder":1432},{"sectionNumber":"6481","sectionType":"section","heading":"Subpoena—service on solicitor","content":"6481 Subpoena—service on solicitor\nIf the addressee for a subpoena in a proceeding is a party and is\nrepresented by a solicitor in the proceeding, the subpoena may, with\nthe solicitor’s agreement, be served on the addressee by leaving it at\nthe addressee’s address for service.\n","sortOrder":1433},{"sectionNumber":"6482","sectionType":"section","heading":"Subpoena—service on special witness","content":"6482 Subpoena—service on special witness\n(1) A subpoena is taken to be served personally on a special witness if,\nat a place where the witness’s practice or work is carried on—\n(a) it is given to a person apparently engaged (whether as employee\nor otherwise) in relation to the practice, or at the place of work,\nand apparently at least 16 years old; or\n(b) if a person mentioned in paragraph (a) does not accept the\nsubpoena—the subpoena is put down in the person’s presence\nand the person is told in general terms what it is.\n\nDivision 6.8.8 Service of subpoenas and notices instead of subpoenas—general\nRule 6482\n(2) A subpoena requiring a special witness to give evidence in a\nproceeding must be served at least 6 weeks before the date set by the\ncourt for the hearing of the proceeding (the hearing date) unless the\nsubpoena is served in accordance with leave given under subrule (3)\nor (8).\n(3) The court may give leave for a subpoena to be served on a special\nwitness requiring the witness to attend to give evidence later than\n6 weeks before the hearing date.\n(4) An application for leave under subrule (3) is made by filing—\n(a) the subpoena with a statement on its first page that leave is\ngranted to serve the subpoena later than 6 weeks before the\nhearing date; and\n(5) The affidavit in support of the application must state—\n(a) the need for the special witness to give evidence in the\n(b) the reason the subpoena was not issued in enough time to enable\nit to be served at least 6 weeks before the hearing date; and\n(c) whether the witness has been told about the hearing and, if so,\nwhether the witness is able to attend the hearing; and\n(d) the earliest date when the subpoena can be served.\napplication for leave under subrule (3).\n(7) If the court gives leave under subrule (3), it must set a date for the last\ndate of service for the subpoena.\n\nService of subpoenas and notices instead of subpoenas—general Division 6.8.8\nRule 6483\n(8) If a special witness to whom a notice has been given in accordance\nwith rule 6483 fails to attend the court on the date and at the time\nstated in the notice, the court may give leave for the service of a\nsubpoena on the witness requiring the attendance of the witness.\nunder r (8).\n","sortOrder":1434},{"sectionNumber":"6483","sectionType":"section","heading":"Special witness—notice instead of subpoena","content":"6483 Special witness—notice instead of subpoena\n(1) In a proceeding, a notice stating the date and time set for the hearing\nfor the proceeding and requesting a special witness’s attendance may\nbe given to the witness instead of a subpoena.\n(2) The notice may be given in the same way as a subpoena may be\nserved on a special witness.\n(3) However, the notice must not be given later than 6 weeks before the\ndate set for the hearing.\n","sortOrder":1435},{"sectionNumber":"6484","sectionType":"section","heading":"Special witness—no shortening of time for service","content":"6484 Special witness—no shortening of time for service\nThe parties to a proceeding cannot, by agreement, shorten the time\nfor service of a subpoena on, or the giving of a notice under rule 6483\nto, a special witness.\n\nRule 6500\nNote 1 This division does not apply to a criminal proceeding (see r 4006\n(Criminal proceedings—application of pt 6.8)).\nNote 2 Service outside Australia under the Hague Convention is dealt with in div\n6.8.12 (Service under the Hague Convention).\nNote 3 Service of initiating documents in New Zealand for certain civil\nproceedings is dealt with in the Trans-Tasman Proceedings Act, pt 2. See\nalso these rules, pt 6.10A (Trans-Tasman proceedings).\n","sortOrder":1436},{"sectionNumber":"6500","sectionType":"section","heading":"Meaning of Australia—div 6.8.9","content":"6500 Meaning of Australia—div 6.8.9\nAustralia includes the external territories.\nNote These rules do not include a r 6501.\nrules are consistent with the Harmonised Court Rules On Service Out Of\nAustralia.\n","sortOrder":1437},{"sectionNumber":"6502","sectionType":"section","heading":"Service of originating process without leave","content":"6502 Service of originating process without leave\nAn originating process may be served out of Australia on a person\nwithout the court’s leave in the following circumstances:\n(a) if the proceeding is based on a tortious act or omission—\n(i) which was done or which happened wholly or partly in the\nACT; or\n(ii) in relation to which the damage was sustained wholly or\npartly in the ACT;\n\n(b) if the proceeding is for the enforcement, rescission, dissolution,\nannulment, cancellation, rectification, interpretation or other\ntreatment of, or for damages or other relief in relation to a breach\nof, a contract which—\n(i) was made or entered into in the ACT; or\n(ii) was made by or through an agent trading or residing in the\nACT; or\n(iii) was to be wholly or in part performed in the ACT; or\n(iv) was by its terms or by implication to be governed by a\nterritory law or to be enforceable or cognisable in the court;\n(c) if the proceeding is for a breach in the ACT of any contract,\nwherever made, whether or not that breach was preceded or\naccompanied by a breach out of the ACT that rendered\nimpossible the performance of that part of the contract that ought\nto have been performed in the ACT;\n(d) if the proceeding—\n(i) is for an injunction to compel or restrain the performance\nof any act in the ACT; or\n(ii) is for interim or ancillary relief in relation to any matter or\nthing in or connected with the ACT, where the relief is\nsought in relation to judicial or arbitral proceedings started\nor to be started, or an arbitration agreement made, in or\noutside the ACT (including without limitation interim or\nancillary relief in relation to any proceedings under the\nInternational Arbitration Act 1974 (Cwlth) or the\nCommercial Arbitration Act 2017); or\n(iii) without limiting subparagraph (ii), is an application for a\nfreezing order or ancillary order under subdivision 2.9.4.2\n(Freezing orders) in relation to any matter or thing in or\nconnected with the ACT;\n\n(e) if the subject matter of the proceeding is land or other property\nsituated in the ACT, or any act, deed, will, instrument, or thing\naffecting the land or property, or the proceeding is for the\nperpetuation of testimony relating to the land or property;\n(f) if the proceeding relates to the carrying out or discharge of the\ntrusts of any written instrument of which the person to be served\nis a trustee and which ought to be carried out or discharged under\nterritory law;\n(g) if any relief is sought against any person domiciled or ordinarily\nor habitually resident in the ACT (whether present in the ACT\nor not);\n(h) if any person out of the ACT is—\n(i) a necessary or proper party to a proceeding properly\nbrought against another person served or to be served,\n(whether in the ACT or outside the ACT) under any other\nprovision of these rules); or\n(ii) a defendant to a proceeding for contribution or indemnity\nin relation to a liability enforceable by a proceeding in the\n(i) if the proceeding is for—\n(i) the administration of the estate of a person who died\ndomiciled in the ACT; or\n(ii) any relief or remedy that might be obtained in a proceeding\nfor the administration of the estate of a person who died\ndomiciled in the ACT;\n(j) if the proceeding arises under a territory law and—\n(i) any act or omission to which the proceeding relates was\ndone or occurred in the ACT; or\n(ii) any loss or damage to which the proceeding relates was\nsustained in the ACT; or\n\n(iii) the territory law applies expressly or by implication to an\nact or omission that was done or occurred outside the ACT\nin the circumstances alleged; or\n(iv) the territory law expressly or by implication confers\njurisdiction on the court over people outside the ACT (in\nwhich case any requirements of the territory law relating to\nservice must be complied with);\n(k) if the person to be served has submitted to the jurisdiction of the\n(l) if a proceeding is made for restitution or for the remedy of\nconstructive trust and the alleged liability of the person to be\nserved arises out of an act or omission that was done or\nhappened wholly or partly in the ACT;\n(m) if it is sought to recognise or enforce any judgment;\n(n) if the proceeding is founded on a cause of action arising in the\nACT;\n(o) if the proceeding affects the person to be served in relation to\nthe person’s membership of a corporation incorporated in\nthe ACT, or of an association formed or carrying on any part of\nits affairs in the ACT;\n(p) if the proceeding is about the construction, effect or enforcement\nof—\n(i) an ACT law; or\n(ii) a law of the Commonwealth (including an Imperial Act\napplying as a law of the Commonwealth) affecting\nproperty in the ACT;\n(q) if the proceeding—\n(i) relates to an arbitration held in the ACT or governed by\nterritory law; or\n\nRule 6503\n(ii) is to enforce in the ACT an arbitral award wherever made;\nor\n(iii) is for orders necessary or convenient for carrying into\neffect in the ACT the whole or any part of an arbitral award\nwherever made;\n(r) if the proceeding is for relief relating to the custody,\nguardianship, protection or welfare of a child present in the ACT\nor who is domiciled or ordinarily or habitually resident in the\nACT (whether present in the ACT or not);\n(s) if the proceeding, as far as it relates to the person to be served,\nfalls partly within 1 or more of paragraphs (a) to (r) and, as to\nthe residue, within 1 or more of the other of paragraphs (a) to (r).\nNote 1 Originating process includes a document that starts a civil proceeding as\nwell as a cross-claim or third-party claim.\nNote 2 If a proceeding is started in the court and originating process is served\nout of Australia under this rule but the court later decides that it is more\nappropriate that the proceeding be determined by a court of another\nAustralian jurisdiction, the court may transfer the proceeding to the other\ncourt under the Jurisdiction of Courts (Cross-vesting) Act 1993 and may\nmake an order for costs against the party who started the proceeding in\nthe court rather than in the transferee court.\n","sortOrder":1438},{"sectionNumber":"6503","sectionType":"section","heading":"Service of originating process with leave","content":"6503 Service of originating process with leave\n(1) In any proceeding if service is not allowed under rule 6502, an\noriginating process may be served out of Australia with the leave of\n(2) An application for leave under this rule must be made on notice to\nevery party other than the party intended to be served.\n(3) A sealed copy of every order made under this rule must be served\nwith the document to which it relates.\n\nRule 6504\n(4) An application for leave under this rule must be supported by an\naffidavit stating any facts or matters related to the desirability of the\ncourt assuming jurisdiction, including the place or country in which\nthe person to be served is or possibly may be found, and whether or\nnot the person to be served is an Australian citizen.\n(5) The court may give leave if satisfied that—\n(a) the proceeding has a real and substantial connection with the\nACT; and\n(b) the ACT is an appropriate forum for the trial; and\n(c) in all the circumstances the court should assume jurisdiction.\n","sortOrder":1439},{"sectionNumber":"6504","sectionType":"section","heading":"Court’s discretion whether to assume jurisdiction","content":"6504 Court’s discretion whether to assume jurisdiction\n(1) On application by a person on whom an originating process has been\nserved out of Australia, the court may dismiss or stay the proceeding\nor set aside service of the originating process.\n(2) Without limiting subrule (1), the court may make an order under this\nrule if satisfied that—\n(a) service of the originating process is not authorised by these\nrules; or\n(b) the court is an inappropriate forum for the trial of the\n(c) the proceeding has insufficient prospects of success to warrant\nputting the person served outside Australia to the time, expense\nand trouble of defending the proceeding.\n\nRule 6505\n","sortOrder":1440},{"sectionNumber":"6505","sectionType":"section","heading":"Notice to person served outside Australia","content":"6505 Notice to person served outside Australia\nIf a person is to be served out of Australia with an originating process,\nthe person must also be served with a notice informing the person\nof—\n(a) the scope of the jurisdiction of the court in relation to\nproceedings against people who are served outside Australia;\nand\n(b) the grounds alleged by the plaintiff to establish jurisdiction; and\n(c) the person’s right to challenge service of the originating process\nor the jurisdiction of the court or to file a conditional notice of\nNote See approved form 6.5 (Service outside the jurisdiction) AF2017-151.\n","sortOrder":1441},{"sectionNumber":"6506","sectionType":"section","heading":"Time for filing notice of intention to respond","content":"6506 Time for filing notice of intention to respond\nExcept when the court otherwise orders, a defendant who has been\nserved out of Australia must file a notice of intention to respond\nwithin 42 days from the date of service.\n","sortOrder":1442},{"sectionNumber":"6507","sectionType":"section","heading":"Leave to proceed if notice of intention to respond not","content":"6507 Leave to proceed if notice of intention to respond not\nfiled\n(1) If an originating process is served on a person outside Australia and\nthe person does not file a notice of intention to respond, the party\nserving the document may not proceed against the person served\nexcept by leave of the court.\n(2) An application for leave under subrule (1) may be made without\nserving notice of the application on the person served with the\n\nService of foreign legal process in the ACT Division 6.8.11\nRule 6508\n","sortOrder":1443},{"sectionNumber":"6508","sectionType":"section","heading":"Service of other documents outside Australia","content":"6508 Service of other documents outside Australia\nAny document other than an originating process may be served\noutside Australia with the leave of the court, which may be given with\nany directions that the court considers appropriate.\n","sortOrder":1444},{"sectionNumber":"6509","sectionType":"section","heading":"Mode of service","content":"6509 Mode of service\nA document to be served outside Australia need not be personally\nserved on a person so long as it is served on the person in accordance\nwith the law of the country in which service is effected.\nDivision 6.8.11 Service of foreign legal process in the\nACT\nNote to div 6.8.11\nThis division does not apply to a criminal proceeding (see r 4006 (Criminal\n","sortOrder":1445},{"sectionNumber":"6540","sectionType":"section","heading":"Letter of request from foreign tribunal—procedure","content":"6540 Letter of request from foreign tribunal—procedure\n(1) This rule applies if, in a civil or commercial matter before a court or\ntribunal of a foreign country (the foreign court)—\n(a) the foreign court, by letter of request, requests service on a\nperson in the ACT of any process or citation (the process) in the\nmatter; and\n(b) the Attorney-General files the request in the court and indicates\nthat the process should be served.\n(2) The following procedures apply:\n(a) the letter of request must be accompanied by the following:\n(i) if the letter is not in English—a translation of the letter in\nEnglish;\n(ii) 2 copies of the process to be served;\n\nDivision 6.8.11 Service of foreign legal process in the ACT\nRule 6540\n(iii) either—\n(A) 2 copies of the process in English; or\n(B) 2 copies of the process each having a notation on it in\nEnglish stating as precisely as possible the name and\naddress of the person on whom the document is to be\nserved, the nature of the document, and the names of\nthe parties;\n(b) if paragraph (a) (iii) (B) is complied with, it is not necessary to\ngive the person served a translated copy of the process;\n(c) an enforcement officer must serve the process personally under\nthese rules;\n(d) after serving the process, the enforcement officer must return to\nthe registrar 1 copy of the process, an affidavit of service of the\nprocess, and particulars of charges for the cost of service of the\nprocess;\n(e) the registrar must certify the charges, or another amount\nproperly payable for service of the process;\n(f) the registrar must send the following to the Attorney-General:\n(i) the letter of request for service received from the foreign\n(ii) the affidavit of service of the process, with a sealed\ncertificate on it;\n(iii) a certificate establishing the fact and the date of service or\nindicating why it has not been possible to serve the process;\n(iv) a certificate stating the amount of the charges properly\npayable for the cost of serving the process.\n\nService of foreign legal process in the ACT Division 6.8.11\nRule 6541\n","sortOrder":1446},{"sectionNumber":"6541","sectionType":"section","heading":"Orders for substituted service etc for div 6.8.11","content":"6541 Orders for substituted service etc for div 6.8.11\nWith the Attorney-General’s agreement, the court may, in relation to\nthe service of process of a court or tribunal of a foreign country, make\nan order for substituted service or any other order.\n","sortOrder":1447},{"sectionNumber":"6542","sectionType":"section","heading":"Noncompliance with div 6.8.11","content":"6542 Noncompliance with div 6.8.11\nThe court may order that effect is to be given to a letter of request for\nthe service of process of a court or tribunal of a foreign country, even\nthough rule 6540 (Letter of request from foreign tribunal—\nprocedure) has not been complied with.\n\nRule 6550\nNote 1 This division forms part of a scheme to implement Australia’s obligations\nunder the Hague Convention on the Service Abroad of Judicial and\nExtrajudicial Documents in Civil or Commercial Matters. Under the\nConvention, the Commonwealth Attorney-General’s Department is\ndesignated as the central authority (under the Convention, article 2) and\ncertain courts and government departments are, for certain purposes,\ndesignated as ‘other’ or ‘additional’ authorities (under the Convention,\narticle 18).\nNote 2 This division provides (in sdiv 6.8.12.2) for service in overseas\nConvention countries of local judicial documents (documents that relate\nto proceedings in the court) and (in sdiv 6.8.12.3) for default judgment in\nproceedings in the court after service overseas of such a document.\n","sortOrder":1448},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"8.12.4, on the other hand, deals with service by the court","content":"Subdivision 6.8.12.4, on the other hand, deals with service by the court\nor arranged by the court, in its role as an other or additional authority, of\njudicial documents emanating from overseas Convention countries.\nNote 3 Information about the Hague Convention, including a copy of the Hague\nConvention, a list of all Contracting States, details of declarations and\nreservations made under the Hague Convention by each of those States\nand the names and addresses of the central and other authorities of each\nof those States, can be found at the website of the Hague Conference on\nPrivate International Law.\nNote 4 This division does not apply to a criminal proceeding (see r 4006\n(Criminal proceedings—application of pt 6.8)).\nSubdivision 6.8.12.1 Preliminary\n","sortOrder":1449},{"sectionNumber":"6550","sectionType":"section","heading":"Definitions—div 6.8.12","content":"6550 Definitions—div 6.8.12\nadditional authority, for a convention country, means an authority\nthat is—\n(a) designated by the country, under the Hague Convention,\narticle 18, to be an authority (other than the central authority) for\nthe country; and\n\nRule 6550\n(b) competent to receive requests for service abroad emanating from\nAustralia.\napplicant, for a request for service abroad or a request for service in\nthe ACT, means the person on whose behalf service is requested.\ncentral authority, for a convention country, means an authority that\nis designated by the country, under the Hague Convention, article 2,\nto be the central authority for the country.\ncertificate of service means a certificate of service that is completed\nfor the Hague Convention, article 6.\ncertifying authority, for a convention country, means the central\nauthority for the country or another authority that is designated by the\ncountry, under the Hague Convention, article 6, to complete\ncertificates of service in the form annexed to the Hague Convention.\ncivil proceeding means any judicial proceeding in relation to a civil\nor commercial matter.\ndefendant, for a request for service abroad of an initiating process,\nmeans the person on whom the initiating process is requested to be\nforeign judicial document means a judicial document that originates\nin a convention country and relates to a civil proceeding in a court of\nthe country.\nforwarding authority means—\n(a) for a request for service of a foreign judicial document in the\nACT—the authority or judicial officer of the convention country\nin which the document originates that—\n(i) sends the request; and\n(ii) is competent under the law of the country to send the\nrequest under the Hague Convention, article 3; or\n\nRule 6551\n(b) for a request for service of a local judicial document in a\nconvention country—the registrar.\nHague Convention means the Convention on the Service Abroad of\nJudicial and Extrajudicial Documents in Civil or Commercial\nMatters done at the Hague on 15 November 1965.\nHague Convention country means a country, other than Australia,\nthat is a party to the Hague Convention.\ninitiating process means any document by which a proceeding,\nincluding a proceeding on a counterclaim or third-party notice, is\nstarted.\nlocal judicial document means a judicial document that relates to a\ncivil proceeding in the court.\nregistrar means the registrar of the Supreme Court.\nrequest for service abroad means a request for service in a\nconvention country of a local judicial document mentioned in\nrule 6553.\nrequest for service in the ACT means a request for service in the ACT\nof a foreign judicial document mentioned in rule 6562.\n","sortOrder":1450},{"sectionNumber":"6551","sectionType":"section","heading":"Rules under this division prevail","content":"6551 Rules under this division prevail\nIf a rule under this division is inconsistent with another provision of\nthese rules, the rule prevails to the extent of the inconsistency.\n\nRule 6552\nSubdivision 6.8.12.2 Service abroad of local judicial\n","sortOrder":1451},{"sectionNumber":"6552","sectionType":"section","heading":"Application—subdiv 6.8.12.2","content":"6552 Application—subdiv 6.8.12.2\n(1) This subdivision applies to service of a local judicial document in a\nHague Convention country.\n(2) However, this subdivision does not apply if the document is served,\nwithout application of any compulsion, by an Australian diplomatic\nor consular agent mentioned in the Hague Convention, article 8.\n","sortOrder":1452},{"sectionNumber":"6553","sectionType":"section","heading":"Application for request for service abroad","content":"6553 Application for request for service abroad\n(1) A person may apply to the registrar, as a forwarding authority, for a\nrequest for service of a local judicial document in a Hague\nConvention country.\n(2) The application must be accompanied by 3 copies of the following\ndocuments:\n(a) a draft request for service abroad;\nNote See approved form 6.21, part 1 (Request for service abroad of\njudicial documents) AF2009-149.\n(b) the document to be served;\n(c) a summary of the document to be served;\nNote See approved form 6.22 (Summary of document to be served)\nAF2019-61.\n(d) if, under the Hague Convention, article 5, the central authority\nor any additional authority of the country to which the request is\naddressed requires the document to be served to be written in, or\ntranslated into, 1 or more official languages of the country, a\ntranslation into the languages of the document to be served and\nthe summary of the document to be served.\n\nRule 6553\n(3) The application must contain a written undertaking to the court,\nsigned by the legal practitioner on the record for the applicant (or if\nthere is no legal practitioner on the record, the applicant) in the\nproceeding to which the local judicial document relates—\n(a) to be personally liable for all costs that are incurred—\n(i) by employing a person to serve the documents to be served,\nwho is qualified to do so under the law of the Hague\nConvention country in which the documents are to be\nserved; or\n(ii) by using any particular method of service that has been\nrequested by the applicant for serving the documents to be\nserved; and\n(b) to pay the amount of the costs mentioned in paragraph (a) to the\nregistrar within 28 days after the day the applicant receives a\nnotice from the registrar stating the amount of the costs under\nrule 6555; and\n(c) to give any security for the costs mentioned in paragraph (a) that\nthe registrar may require.\n(4) The draft request for service abroad—\n(a) must be completed (except for signature) by the applicant; and\n(b) must state whether, if the time fixed for entering an appearance\nin the proceeding to which the local judicial document relates\nexpires before the document is served, the applicant wants\nservice to be attempted after the expiry of the time; and\n(c) must be addressed to the central authority, or to an additional\nauthority, for the Hague Convention country in which the\ndocuments are to be served; and\n(d) may state that the applicant requires a certificate of service that\nis completed by an additional authority to be countersigned by\nthe central authority.\n\nRule 6554\n(5) A translation required under subrule (2) (d) must bear a certificate (in\nEnglish and the language used in the translation) signed by the\ntranslator stating—\n(a) that the translation is an accurate translation of the documents to\nbe served; and\n(b) the translator’s full name, address and qualifications for making\nthe translation.\n","sortOrder":1453},{"sectionNumber":"6554","sectionType":"section","heading":"How application to be dealt with","content":"6554 How application to be dealt with\n(1) The registrar must, if satisfied that an application and its\naccompanying documents comply with rule 6553—\n(a) sign the request for service abroad; and\n(b) send 2 copies of the relevant documents—\n(i) if the applicant has asked for the request to be sent to a\nnominated additional authority for the Hague Convention\ncountry in which the documents are to be served—to the\nnominated additional authority; or\n(ii) in any other case—to the central authority for the Hague\nConvention country in which the documents are to be\n(2) The registrar must, if not satisfied that the application or any of the\naccompanying documents complies with rule 6553, tell the applicant\nhow the application or document fails to comply.\n(3) In this section:\nrelevant documents means the following:\n(a) the signed request for service abroad;\n(b) the document to be served;\n(c) the summary of the document to be served;\n\nRule 6555\n(d) if a translation is required under rule 6553 (2) (d), each\ntranslation of the documents mentioned in paragraphs (a)\nand (b).\n","sortOrder":1454},{"sectionNumber":"6555","sectionType":"section","heading":"Procedure on receipt of certificate of service","content":"6555 Procedure on receipt of certificate of service\n(1) The registrar must, on receipt of a certificate of service in due form\nof a local judicial document to which a request for service abroad\nrelates—\n(a) arrange for the original certificate to be filed in the proceeding\nto which the document relates; and\n(b) send a copy of the certificate to—\n(i) if there is a legal practitioner on the record for the applicant\nin the proceeding—the legal practitioner; or\n(ii) if there is not a legal practitioner on the record for the\napplicant in the proceeding—the applicant.\n(2) For subrule (1), a certificate of service is in due form if—\n(a) the certificate is in accordance with approved form 6.21, part 2;\nand\nNote See approved form 6.21 (Request for service abroad of judicial\ndocuments and certificate) AF2009-149.\n(b) the certificate has been completed by a certifying authority for\nthe Hague Convention country in which service was requested;\nand\n(c) if the applicant requires that a certificate completed by an\nadditional authority is countersigned by the central authority—\nthe certificate is countersigned by the central authority.\n\nRule 6556\n(3) The registrar must, on receipt of a statement of costs in due form in\nrelation to the service of a local judicial document mentioned in\nsubrule (1), send a notice stating the amount of the costs to the legal\npractitioner, or applicant, who signed the undertaking mentioned in\nrule 6553.\n(4) For subrule (3), a statement of costs is in due form if it—\n(a) relates only to costs of a kind mentioned in rule 6553 (3) (a); and\n(b) has been completed by the certifying authority for the Hague\nConvention country in which service was requested.\n(5) Subrule (1) does not apply unless—\n(a) adequate security to cover the costs mentioned in subrule (3) has\nbeen given under rule 6553 (3) (c); or\n(b) if the security given under rule 6553 (3) (c) is inadequate to\ncover the costs, an amount equal to the amount by which the\ncosts exceed the security has been paid to the registrar.\n","sortOrder":1455},{"sectionNumber":"6556","sectionType":"section","heading":"Payment of costs","content":"6556 Payment of costs\n(1) On receipt of a notice under rule 6555 (3), the legal practitioner or\napplicant must pay to the registrar the amount stated in the notice as\nthe amount of the costs.\n(2) If the legal practitioner or applicant fails to pay the amount of the\ncosts within 28 days after the day the notice is received—\n(a) except with the leave of the court, the applicant may not take a\nfurther step in the proceeding to which the local judicial\ndocument relates until the costs are paid; and\n(b) the registrar may take appropriate steps to enforce the\nundertaking for payment of the costs.\n\nRule 6557\n","sortOrder":1456},{"sectionNumber":"6557","sectionType":"section","heading":"Evidence of service","content":"6557 Evidence of service\nA certificate of service of a local judicial document in due form under\nrule 6555 (2) that certifies that the document was served on a stated\ndate is, in the absence of any evidence to the contrary, sufficient proof\n(a) the document was served by the method stated in the certificate\non the date; and\n(b) if the method of service was requested by the applicant, the\nmethod is compatible with the law in force in the Hague\nConvention country in which the document was served.\nSubdivision 6.8.12.3 Default judgment following service\nabroad of initiating process\n","sortOrder":1457},{"sectionNumber":"6558","sectionType":"section","heading":"Application—subdiv 6.8.12.3","content":"6558 Application—subdiv 6.8.12.3\nThis subdivision applies to a civil proceeding for which an initiating\nprocess has been sent following a request for service abroad to the\ncentral authority, or an additional authority, for a Hague Convention\ncountry.\n","sortOrder":1458},{"sectionNumber":"6559","sectionType":"section","heading":"Restriction on power to enter default judgment if","content":"6559 Restriction on power to enter default judgment if\ncertificate of service filed\n(a) a certificate of service of initiating process in due form under\nrule 6555 (2) is filed in a proceeding stating that the initiating\nprocess has been served; and\n(b) the defendant in the proceeding has not filed a notice of intention\nto respond or defence.\n\nRule 6559\n(2) The court must not enter default judgment against the defendant\nunless satisfied that—\n(a) the initiating process was served on the defendant—\n(i) by a method of service prescribed by the internal law of the\nHague Convention country in which the document was\nserved for the service of documents in domestic\nproceedings on people within its territory; or\n(ii) by a particular method of service—\n(A) that the applicant requested; and\n(B) under which the document was delivered to the\ndefendant or the defendant’s home; and\n(C) that is compatible with the law in force in the Hague\nConvention country in which the document was\nserved; or\n(iii) if the applicant did not request a particular method of\nservice—in circumstances in which the defendant accepted\nthe document voluntarily; and\n(b) the initiating process was served in sufficient time for the\ndefendant to file a notice of intention to respond or defence in\nsufficient time means—\n(a) 42 days after the date stated in the certificate of service of\ninitiating process as the date on which the document was served;\nor\n(b) if, in the circumstances, the court considers a shorter time is\nsufficient time for the defendant to file a notice of intention to\nrespond—the shorter time.\n\nRule 6560\n","sortOrder":1459},{"sectionNumber":"6560","sectionType":"section","heading":"Restriction on power to enter default judgment if","content":"6560 Restriction on power to enter default judgment if\ncertificate of service not filed\n(a) a certificate of service of initiating process in due form under\nrule 6555 (2) is either—\n(i) not filed in a proceeding; or\n(ii) filed in a proceeding, but states that the initiating process\nhas not been served; and\n(b) the defendant has not filed a notice of intention to respond or\n(2) The court must not enter default judgment against the defendant\nunless satisfied that—\n(a) the initiating process was sent to the central authority, or\nadditional authority, for the Hague Convention country in which\nservice of the initiating process was requested; and\n(b) a period has elapsed since the day the initiating process was sent\nthat is—\n(i) adequate in the circumstances; and\n(ii) at least 6 months; and\n(c) all reasonable steps have been taken—\n(i) to serve the initiating process; or\n(ii) to obtain a certificate of service of initiating process from\nthe certifying authority for the Hague Convention country\nin which service was requested.\n\nRule 6561\n","sortOrder":1460},{"sectionNumber":"6561","sectionType":"section","heading":"Setting aside default judgment","content":"6561 Setting aside default judgment\n(1) This rule applies if the court has entered default judgment against the\ndefendant in a proceeding to which this subdivision applies.\n(2) On application by the defendant, the court may set aside the default\njudgment if satisfied that the defendant—\n(a) without any fault on the defendant’s part, did not know about\nthe initiating process in sufficient time to file a notice of\nintention to respond or defence; and\n(b) has a good defence to the proceeding on the merits.\n(3) An application to set aside default judgment under this rule may be\n(a) at any time within 1 year after the day the judgment was entered;\nor\n(b) if the 1-year period has expired—within the time after the\ndefendant learns of the judgment that the court considers\nreasonable in the circumstances.\n(4) The powers of the court under this rule are additional to any other\npowers of the court.\nSubdivision 6.8.12.4 Local service of foreign judicial\n","sortOrder":1461},{"sectionNumber":"6562","sectionType":"section","heading":"Application—subdiv 6.8.12.4","content":"6562 Application—subdiv 6.8.12.4\n(1) This subdivision applies to service in the ACT of a foreign judicial\ndocument for which a due form of request for service has been sent\nto the court—\n(a) by the Attorney-General of the Commonwealth, whether in the\nfirst instance or following a referral under rule 6563; or\n\nRule 6563\n(b) by a forwarding authority.\n(2) A request for service in the ACT is in due form if it is in accordance\nwith approved form 6.21, part 1 and accompanied by the following:\nNote See approved form 6.21 (Request for service abroad of judicial\ndocuments and certificate) AF2009-149.\n(a) the document to be served;\n(b) a summary of the document to be served;\nNote See approved form 6.22 (Summary of document to be served)\nAF2019-61.\n(c) a copy of the request and each document mentioned in\nparagraphs (a) and (b);\n(d) if a document mentioned in paragraphs (a) and (b) is not in the\nEnglish language, an English translation of the document.\n(3) A translation required under subrule (2) (d) must bear a certificate in\nEnglish signed by the translator stating—\n(a) that the translation is an accurate translation of the document;\nand\n(b) the translator’s full name, address and qualifications for making\nthe translation.\n","sortOrder":1462},{"sectionNumber":"6563","sectionType":"section","heading":"Certain documents to be referred back to","content":"6563 Certain documents to be referred back to\nAttorney-General of the Commonwealth\n(1) This rule applies if the registrar reasonably believes that—\n(a) a request for service in the ACT does not comply with rule 6562;\nor\n(b) the document to which the request relates is not a foreign judicial\n(c) compliance with the request may infringe Australia’s\nsovereignty or security.\n\nRule 6564\n(2) The registrar must refer the request for service in the ACT to the\nAttorney-General of the Commonwealth together with a statement of\nthe registrar’s belief.\nNote The Attorney-General of the Commonwealth will deal with misdirected\nand non-compliant requests, make arrangements for the service of\nextrajudicial documents and assess and decide questions concerning\nAustralia’s sovereignty and security.\n","sortOrder":1463},{"sectionNumber":"6564","sectionType":"section","heading":"Service of foreign judicial documents etc","content":"6564 Service of foreign judicial documents etc\n(1) Subject to rule 6563, on receipt of a request for service in the ACT,\nthe court must arrange for service of the relevant documents in\naccordance with the request.\n(2) The relevant documents may be served by any of the following\nmethods:\n(a) if a method of service is prescribed by the law in force in the\nACT for the service of a document of a kind corresponding to\nthe document to be served—the prescribed method of service;\n(b) if a method of service is not prescribed by the law in force in the\nACT for the service of a document of a kind corresponding to\nthe document to be served—the method of service of initiating\nprocess in a proceeding in the court;\n(c) if the applicant has requested a particular method of service, and\nthe method of service is compatible with the law in force in the\nACT—the particular method of service requested;\n(d) if the applicant has not requested a particular method of service\nand the person requested to be served accepts the relevant\ndocuments voluntarily—delivery of the relevant documents to\nthe person requested to be served.\n\nRule 6565\nrelevant documents means the following documents:\n(a) the document to be served;\n(b) a summary of the document to be served;\n(c) a copy of the request for service in the ACT;\n(d) if a document mentioned in paragraphs (a) and (b) is not in the\nEnglish language, an English translation of the document.\n","sortOrder":1464},{"sectionNumber":"6565","sectionType":"section","heading":"Affidavit about service","content":"6565 Affidavit about service\n(1) A person who serves a document in accordance with a request for\nservice in the ACT must file with the court an affidavit stating—\n(a) the time, day of the week and date on which the document was\nserved; and\n(b) the place where the document was served; and\n(c) the method of service; and\n(d) the person on whom the document was served; and\n(e) the way in which the person served was identified.\n(2) If attempts to serve a document in accordance with a request for\nservice in the ACT have failed, the person who attempted the service\nmust file with the court an affidavit stating—\n(a) details of the attempts made to serve the document; and\n(b) the reasons why service was prevented.\n\nRule 6565\n(3) On the filing of an affidavit about service under this rule, the registrar\n(a) complete a certificate of service, sealed by the court, on the\nreverse side of, or attached to, the request for service in the ACT;\nand\nNote See approved form 6.21, pt 2 (Certificate of service) AF2009-149.\n(b) send the certificate of service, together with a statement of the\ncosts incurred in relation to the service or attempted service of\nthe document, directly to the forwarding authority from which\nthe request was received.\n\nRule 6600\n","sortOrder":1465},{"sectionNumber":"6600","sectionType":"section","heading":"Definitions—pt 6.9","content":"6600 Definitions—pt 6.9\n(1) In this part:\nissuing officer means the registrar.\nissuing party, for a subpoena, means the party at whose request the\nsubpoena is issued.\n(2) To the extent that a subpoena requires the addressee to attend to give\nevidence, it is a subpoena to attend to give evidence.\n(3) To the extent that a subpoena requires the addressee to produce the\nsubpoena or a copy of it and a document or thing, it is a subpoena to\nproduce.\n","sortOrder":1466},{"sectionNumber":"6601","sectionType":"section","heading":"Issuing subpoena","content":"6601 Issuing subpoena\n(1) In any proceeding, the court may by subpoena order the addressee to\ndo either or both of the following:\n(a) to attend to give evidence as directed by the subpoena;\n(b) to produce the subpoena or a copy of it and any document or\nthing as directed by the subpoena.\n(2) An issuing officer must not issue a subpoena—\n(a) without the court’s leave if it appears to the issuing officer that\nthe subpoena—\n(i) is not substantially complete; or\n(ii) does not substantially comply in form with these rules; or\nNote The registrar may refuse to accept a subpoena for filing under r 6142\n\nRule 6601A\n(b) if the court has made an order, or there is a provision of these\nrules, having the effect of requiring that the proposed\nsubpoena—\n(i) not be issued; or\n(ii) not be issued without the court’s leave and the leave has\nnot been given; or\n(c) requiring the production of a document or thing in the custody\nof the court or another court; or\n(d) for an appellate proceeding—without the leave of the court.\nfor this subrule.\n(3) The issuing officer must seal, or otherwise authenticate, a sufficient\nnumber of copies of the subpoena for service and proof of service.\n(4) A subpoena is taken to be issued on its being sealed or otherwise\nauthenticated under subrule (3).\n","sortOrder":1467},{"sectionNumber":"6601A","sectionType":"section","heading":"Issuing subpoena to produce—originating claim","content":"6601A Issuing subpoena to produce—originating claim\n(1) This rule applies to a proceeding started by—\n(a) originating claim; or\n(b) originating application, if the court has ordered that the\nproceeding continue as if started by originating claim; or\n(c) an application for arbitration under part 3.13 (Workers\ncompensation); or\n(d) an application in a family violence or personal violence\nproceeding under part 3.12 (Family violence and personal\nviolence proceedings).\n(2) An issuing officer must not issue a subpoena to produce in the\nproceeding without the court’s leave unless the court has set a date\nfor the hearing of the originating claim.\n\nRule 6601B\n(3) Subrule (2) does not apply to a subpoena in a proceeding under\npart 3.13 that is addressed to a party to the proceeding.\n","sortOrder":1468},{"sectionNumber":"6601B","sectionType":"section","heading":"Issuing subpoena to produce—originating application","content":"6601B Issuing subpoena to produce—originating application\n(1) This rule applies to a proceeding—\n(a) started by originating application; or\n(b) started by originating claim, if the court has ordered that the\nproceeding continue as if started by originating application.\n(2) An issuing officer may issue a subpoena to produce in the proceeding\nat any time unless the court otherwise orders.\n","sortOrder":1469},{"sectionNumber":"6602","sectionType":"section","heading":"Form of subpoena","content":"6602 Form of subpoena\n(1) A subpoena must not be addressed to more than 1 person.\nNote See the following approved forms:\n(a) approved form 6.10 (Subpoena to give evidence) AF2024-41;\n(b) approved form 6.10A (Subpoena to produce documents) AF2024-\n42;\n(c) approved form 6.10B (Subpoena to give evidence and produce\ndocuments) AF2024-43.\n(2) A subpoena must identify the addressee by name or by description of\nposition.\nNote The Legislation Act, dict, pt 1 defines position to include office.\n(3) A subpoena to attend to give evidence must state the date, time and\nplace for attendance.\n(4) A subpoena to produce must—\n(a) identify the document or thing to be produced; and\n(b) state the date, time and place for production.\n(5) The date stated in a subpoena must be the date of trial or any other\ndate allowed by the court.\n\nRule 6603\n(6) The place stated for production may be the court or the address of\nanyone authorised to take evidence in the proceeding.\n(7) A subpoena must state the last date for service of the subpoena.\n(8) The last date for service must be—\n(a) 5 days before the date stated in the subpoena for compliance\nwith it; or\n(b) if the court sets a different date under rule 6603 (Subpoena to\nproduce—leave to serve late)—the date set.\n(9) Subrule (8) is subject to rule 6482 (Subpoena—service on special\nwitness).\nNote Rule 6482 (2) provides that a subpoena requiring a special witness to give\nevidence in a proceeding must be served at least 6 weeks before the date\nset by the court for the hearing of the proceeding unless the subpoena is\nserved in accordance with leave under the rule.\n(10) If the addressee is a corporation, the corporation must comply with\nthe subpoena by its appropriate or proper officer.\n","sortOrder":1470},{"sectionNumber":"6603","sectionType":"section","heading":"Subpoena—leave to serve late","content":"6603 Subpoena—leave to serve late\n(1) The court may give leave for a subpoena to be served later than 5 days\nbefore the date stated in the subpoena for compliance with it (the\ncompliance date).\n(a) a draft of the subpoena with a statement on its first page that\nleave is granted to serve the subpoena later than 5 days before\nthe compliance date; and\n\nRule 6603\n(a) for a subpoena to attend to give evidence—\n(i) the need for the addressee for the subpoena to give\nevidence in the proceeding; and\n(ii) the reason the subpoena was not issued in enough time to\nenable it to be served at least 5 days before the compliance\nthe hearing and, if so, whether the addressee is able to\nattend the hearing; and\n(iv) the earliest date when the subpoena can be served; and\n(b) for a subpoena to produce—\n(i) the need for production of the document or thing required\nto be produced by the subpoena; and\n(ii) the reason the subpoena was not issued in enough time to\nenable it to be served at least 5 days before the compliance\nthe subpoena and, if so, whether the addressee is able to\nproduce the document or thing before the compliance date;\nand\n(iv) the earliest date when the subpoena can be served.\n(4) If the court gives leave, it must set a date for the last date of service\nfor the subpoena.\n(5) Part 6.2 (Applications in proceedings) does not apply to an\n(6) The draft subpoena and supporting affidavit need not be served on\nanyone unless the court otherwise orders on its own initiative.\n\nRule 6603A\n(7) Unless the court otherwise orders on its own initiative, an application\n(8) This rule is subject to rule 6482 (Subpoena—service on special\nwitness).\nNote 1 Rule 6482 (2) provides that a subpoena requiring a special witness to give\nevidence in a proceeding must be served at least 6 weeks before the date\nset by the court for the hearing of the proceeding unless the subpoena is\nserved in accordance with leave under the rule.\nNote 2 The Service and Execution of Process Act 1992 (Cwlth), s 30 deals with\napplications for a shorter period to serve subpoenas under that Act.\n","sortOrder":1471},{"sectionNumber":"6603A","sectionType":"section","heading":"Subpoena—change of date for attendance of production","content":"6603A Subpoena—change of date for attendance of production\n(1) The issuing party may give the addressee notice of a date or time later\nthan the date or time stated in a subpoena as the date or time for\nattendance or production or both.\n(2) If notice is given under subrule (1), the subpoena applies as if the date\nor time for attendance or production under the subpoena were the date\nor time stated in the notice.\n","sortOrder":1472},{"sectionNumber":"6604","sectionType":"section","heading":"Setting aside subpoena or other relief","content":"6604 Setting aside subpoena or other relief\n(1) On the application of a party or someone else having a sufficient\ninterest, the court may set aside a subpoena completely or partly, or\ngrant other relief in relation to it.\n(2) A copy of the application must be served on the issuing party.\n(3) The court may order that the applicant give notice of the application\nto any other party or anyone else who has a sufficient interest.\n\nRule 6605\n","sortOrder":1473},{"sectionNumber":"6605","sectionType":"section","heading":"Service of subpoena","content":"6605 Service of subpoena\n(1) A subpoena must be served personally on the addressee.\n(2) Subrule (1) is subject to rule 6481 (Subpoena—service on solicitor)\nand rule 6482 (Subpoena—service on special witness).\nNote See also div 6.10A.3 (Trans-Tasman proceedings—service of subpoenas\nin New Zealand).\n(3) The issuing party must serve a copy of a subpoena to produce on each\nother active party as soon as practicable after the subpoena has been\nserved on the addressee.\n","sortOrder":1474},{"sectionNumber":"6606","sectionType":"section","heading":"Compliance with subpoena","content":"6606 Compliance with subpoena\n(1) An addressee need not comply with the requirements of a subpoena\nunless conduct money has been handed or tendered to the addressee\na reasonable time before the date when attendance is required.\n(2) An addressee need not comply with the requirements of a subpoena\nunless it is served on or before the date stated in the subpoena as the\nlast date for service of the subpoena.\n(3) Despite rule 6605 (1), an addressee must comply with the\nrequirements of a subpoena even if it has not been served personally\non the addressee (or, if the court orders service in another way, it has\nnot been served in that way) if the addressee has, by the last date for\nservice of the subpoena, actual knowledge of the subpoena and its\nrequirements.\n(4) The addressee must comply with a subpoena to produce—\n(a) by attending at the date, time and place stated for production or,\nif the addressee has received a notice under rule 6603A, at the\nlater date or time, and producing the subpoena or a copy of it\nand the document or thing to the court or the person authorised\nto take evidence in the proceeding; or\n\nRule 6606\n(b) by delivering or sending the subpoena or a copy of it and the\ndocument or thing to the registrar at the address stated for the\npurpose in the subpoena, so that they are received not later than\n2 days before the date stated in the subpoena for attendance and\nproduction or, if the addressee has received notice under\nrule 6603A, before the later date.\n(5) For a subpoena that is both a subpoena to attend to give evidence and\na subpoena to produce, production of the subpoena or a copy of it and\nthe document or thing in any of the ways allowed by subrule (4) does\nnot discharge the addressee from the obligation to attend to give\n(6) Unless a subpoena specifically requires the production of the original,\nthe addressee may produce a copy of any document required to be\nproduced by the subpoena.\n(7) A copy of a document may be—\n(a) a photocopy of the original; or\n(b) in any of the following electronic formats:\n(i) .doc;\n(ii) .docx;\n(iii) .pdf;\n(iv) .xls;\n(v) .xlsx;\n(vi) .jpg;\n(vii) .rtf;\n(viii) .gif;\n(ix) .tif;\n(x) .avi;\n\nRule 6607\n(xi) .mov;\n(xii) .mp3;\n(xiii) .mp4; or\n(c) in any other format the issuing party has indicated will be\nacceptable.\n","sortOrder":1475},{"sectionNumber":"6607","sectionType":"section","heading":"Production of subpoenaed document etc otherwise than","content":"6607 Production of subpoenaed document etc otherwise than\non attendance\nrule 6606 (4) (b).\n(2) The registrar must, if asked by the addressee, give a receipt for the\ndocument or thing to the addressee.\n(3) If the addressee produces more than 1 document or thing, the\naddressee must, if asked by the registrar, provide a list of the\ndocuments or things produced.\n","sortOrder":1476},{"sectionNumber":"6607A","sectionType":"section","heading":"Addressee declaration on production of subpoenaed","content":"6607A Addressee declaration on production of subpoenaed\ndocument or thing\na subpoena.\n(2) The addressee must—\n(a) complete the declaration form in the subpoena to declare\nwhether they want the document or thing being produced to be\nreturned to them when the document or thing is no longer\nrequired by the court; and\n(b) include the completed declaration in the subpoena or copy of the\nsubpoena that accompanies the documents or things produced to\nthe court in response to the subpoena.\n\nRule 6608\n","sortOrder":1477},{"sectionNumber":"6608","sectionType":"section","heading":"Removal, return, inspection etc of subpoenaed","content":"6608 Removal, return, inspection etc of subpoenaed\ndocuments and things\nThe court may give directions, on application or its own initiative, in\nrelation to the removal from and return to the court, and the\ninspection, copying and disposal, of any document or thing that has\nbeen produced to the court in response to a subpoena.\n","sortOrder":1478},{"sectionNumber":"6609","sectionType":"section","heading":"Inspection of, and dealing with, subpoenaed documents","content":"6609 Inspection of, and dealing with, subpoenaed documents\nand things produced otherwise than on attendance\nrule 6606 (4) (b).\n(2) On the request of a party, the registrar must tell the party whether\nproduction in response to a subpoena has happened and, if so, include\na description, in general terms, of the documents and things produced.\n(3) The request mentioned in subrule (2) must be made orally on the\nreturn date for the subpoena or in writing after the return date.\n(4) A person may inspect a document or thing produced in response to a\nsubpoena only—\n(a) in accordance with the usual order or otherwise in accordance\nwith this rule; or\n(b) if the court has given leave and the inspection is in accordance\nwith the leave.\n\nRule 6609\n(5) The registrar may allow the parties to inspect at the registry any\ndocument or thing produced unless—\n(a) an objection to inspection has been made under subrule (6) and\nthe objection has not been decided by the court or withdrawn by\nthe person who made the objection; or\n(b) the court otherwise orders.\n(6) If the addressee, a party or another person having a sufficient interest\n(the objector) objects to a document or thing being inspected by any\nparty to the proceeding, the objector must tell the court about the\nobjection and the grounds of the objection—\n(a) in writing before, on or after the return date; or\n(b) orally on the return date.\n(7) If the court receives an objection under this rule, the registrar—\n(a) must not allow any, or any further, inspection of the document\nor thing the subject of the objection; and\n(b) must refer the objection to the court for hearing and decision.\nNote The registrar may hear and decide the objection in some circumstances\n(see r 6253 (Registrar’s powers—subpoenas)).\n(8) The registrar must tell the issuing party in writing about—\n(a) the objection; and\n(b) the date, time and place the objection will be heard.\n(9) The issuing party must, a reasonable time before the date the\nobjection will be heard, tell the addressee, the objector and each other\nactive party in writing about—\n(a) the objection; and\n(b) the date, time and place the objection will be heard.\n\nRule 6610\n(10) In this rule:\nusual order, in relation to a document or thing, means an order that\nthe party given 1st access to inspect and copy the document or thing\nhas exclusive access to the document or thing for 5 days after the day\nthe order is made, then any other party to the proceeding has access\nto inspect and copy the document or thing.\nNote See r 6767 (Power to allow removal of exhibits etc) for the procedure for\nthe removal of documents and things from the registry.\n","sortOrder":1479},{"sectionNumber":"6610","sectionType":"section","heading":"Return or disposal of subpoenaed documents and things","content":"6610 Return or disposal of subpoenaed documents and things\nproduced\n(1) Unless the court orders otherwise, the registrar may decide to return\nto the addressee any document or thing produced in the proceeding in\nresponse to the subpoena to the addressee if—\n(a) the addressee has declared that they want the document or thing\nreturned to them; and\n(i) it is more than 28 days after the day the proceeding ended;\nor\n(ii) it is less than 28 days after the day the proceeding ended\nand—\n(A) the registrar has given the issuing party, in writing, at\nleast 14 days notice of the registrar’s intention to\nreturn the document or thing; and\n(B) the 14-day period has ended.\notherwise ordering under this rule.\n\nRule 6611\n(2) If the registrar decides to return a document or thing under\nsubrule (1), the registrar must give the addressee written notice\nstating that—\n(a) the document or thing can be collected from the registry; and\n(b) the addressee may tell the registrar in writing that the addressee\nno longer wants the document or thing returned to them; and\n(c) if the document or thing is not collected from the registry within\n28 days after the day the notice is given to the addressee, the\nregistrar may dispose of the document or thing.\n(3) The registrar may dispose of the document or thing in a way the\nregistrar considers appropriate if—\n(a) the addressee declared that they do not want the document or\nthing returned to them; or\n(b) the registrar has given the addressee a notice under subrule (2)\nand the addressee does not collect the document or thing within\nthe 28-day period.\n","sortOrder":1480},{"sectionNumber":"6611","sectionType":"section","heading":"Costs and expenses of compliance with subpoena","content":"6611 Costs and expenses of compliance with subpoena\n(1) This rule applies if the addressee for a subpoena in a proceeding is\nnot a party to the proceeding.\n(2) The court may order the issuing party to pay the amount of any\nreasonable loss or expense incurred in complying with the subpoena.\n(3) If an order is made under subrule (2), the court must fix the amount\nor direct that it be fixed according to the court’s usual procedure in\nrelation to costs.\n(4) An amount fixed under this rule is separate from and additional to—\n(a) any conduct money paid to the addressee; and\n\nRule 6612\n(b) any witness expenses payable to the addressee; and\n(c) any amount that the addressee is entitled to under rule 1722\n(Costs—solicitors’ costs generally).\n","sortOrder":1481},{"sectionNumber":"6612","sectionType":"section","heading":"Failure to comply with subpoena—contempt of court","content":"6612 Failure to comply with subpoena—contempt of court\n(1) Failure to comply with a subpoena without lawful excuse is a\ncontempt of court and the addressee may be dealt with accordingly.\n(2) Despite rule 6605 (1), if a subpoena has not been served personally\non the addressee, the addressee may be dealt with for contempt of\ncourt as if the addressee had been personally served if it is proved that\nthe addressee had, by the last date for service of the subpoena, actual\nknowledge of the subpoena and of its requirements.\n(3) This rule does not affect any power of the court to enforce compliance\nwith a subpoena, including power to issue a warrant for the arrest of\nan addressee who does not comply with a subpoena.\nNote 1 Failure to comply with a subpoena may also be a criminal offence (see\nCriminal Code, s 719 (Failing to attend) and s 720 (Failing to produce\ndocument or other thing)).\nNote 2 See also r 2444 (Enforcement—failure of individual to comply with\nsubpoena etc) and r 2445 (Enforcement—failure of corporation to\ncomply with subpoena etc).\n","sortOrder":1482},{"sectionNumber":"6613","sectionType":"section","heading":"Documents and things in custody of court","content":"6613 Documents and things in custody of court\n(1) A party who seeks production of a document or thing in the custody\nof the court or another court may tell the registrar in writing\naccordingly, identifying the document or thing.\n(2) If the document or thing is in the custody of the court, the registrar\nmust produce the document or thing—\n(a) in court or to anyone authorised to take evidence in the\nproceeding, as required by the party; or\n\nRule 6614\n(b) as the court directs.\ndirection or order under this rule.\n(3) If the document or thing is in the custody of another court, the\nregistrar must, unless the court has otherwise ordered—\n(a) ask the other court to send the document or thing to the registrar;\nand\n(b) after receiving it, produce the document or thing—\n(i) in court or to anyone authorised to take evidence in the\nproceeding, as required by the party; or\n(ii) as the court directs.\n(4) Subrules (2) and (3) do not apply if rule 6142 (Rejecting documents—\nabuse of process etc) applies.\n","sortOrder":1483},{"sectionNumber":"6614","sectionType":"section","heading":"Application of pt 6.9—subpoena under Commercial","content":"6614 Application of pt 6.9—subpoena under Commercial\nArbitration Act\n(1) This part applies, with necessary changes, in relation to a subpoena\nissued under the Commercial Arbitration Act for an arbitration as if—\n(a) a reference to a subpoena were a reference to a subpoena issued\nunder the Commercial Arbitration Act; and\n(b) a reference to a proceeding were a reference to the arbitration;\nand\n(c) a reference to the registrar in rule 6606 (4) (b), rule 6607,\nrule 6609 and rule 6610 were a reference to the arbitral tribunal\nfor the arbitration; and\n(d) a reference to the court in rule 6607A, rule 6608, rule 6609,\nrule 6610 and rule 6611 were a reference to the arbitral tribunal\nfor the arbitration.\n\nRule 6615\narbitral tribunal, for a subpoena, means the arbitral tribunal for the\narbitration in relation to which the subpoena was issued.\nCommercial Arbitration Act means the Commercial Arbitration\nAct 2017.\nNote The court has wide powers to issue subpoenas under the Commercial\nArbitration Act (see s 27A).\n","sortOrder":1484},{"sectionNumber":"6615","sectionType":"section","heading":"Subpoena issued by ACAT—leave to serve outside ACT","content":"6615 Subpoena issued by ACAT—leave to serve outside ACT\n(1) This rule applies to an application for leave made under the Service\nand Execution of Process Act 1992 (Cwlth), section 57 to serve a\nsubpoena issued by the ACAT outside the ACT.\n(a) an affidavit in support of the application; and\nNote See approved form 6.23 (Affidavit in support of application for\nleave to serve ACAT subpoena outside ACT) AF2009-287.\n(b) a copy of the subpoena, annexed to the affidavit; and\n(c) a draft order.\nNote See approved form 6.24 (Order to serve ACAT subpoena outside ACT)\nAF2009-288.\n(a) for a subpoena to attend to give evidence—\n(i) the evidence the addressee is expected to give in the\n(ii) why the addressee’s evidence is necessary; and\nthe hearing and, if so, whether the addressee is able to\nattend the hearing; and\n\nRule 6615A\n(iv) the hearing date for the proceeding and the date the\nsubpoena must be served before; and\n(b) for a subpoena to produce—\n(i) why the document or thing required to be produced by the\nsubpoena are necessary; and\n(ii) whether the addressee for the subpoena has been told about\nthe subpoena and, if so, whether the addressee is able to\nproduce the document or thing before the compliance date;\nand\n(iii) the hearing date for the proceeding and the date the\nsubpoena must be served before.\n(5) The affidavit need not be served on anyone unless the court otherwise\n","sortOrder":1485},{"sectionNumber":"6615A","sectionType":"section","heading":"Examination summons issued by ACT Integrity","content":"6615A Examination summons issued by ACT Integrity\nCommission—leave to serve outside ACT\n(1) This rule applies to an application for leave made under the Service\nand Execution of Process Act 1992 (Cwlth), section 76 to serve an\nexamination summons issued by the ACT Integrity Commission\noutside the ACT.\n(a) an affidavit in support of the application; and\nNote See approved form 6.11 (Affidavit—general) AF2007-72.\n(b) a copy of the summons annexed to the affidavit; and\n\nRule 6615A\n(c) a draft order.\nNote See approved form 6.24A (Order to serve ACT Integrity\nCommission summons outside ACT) AF2020-101.\n(a) for a summons to attend to give evidence—\n(i) the evidence the addressee is expected to give at the\n(ii) why the addressee’s evidence is necessary; and\n(iii) whether the addressee has been told about the examination\nand, if so, whether the addressee is able to attend the\n(iv) the hearing date for the examination and the date the\nsummons must be served before; and\n(b) for a summons to produce—\n(i) why the document or thing required to be produced by the\nsummons is necessary; and\n(ii) whether the addressee has been told about the summons\nand, if so, whether the addressee is able to produce the\ndocument or thing before the compliance date; and\n(iii) the date for the examination and the date the summons\nmust be served before.\n(5) The affidavit need not be served on anyone unless the court otherwise\n\nRule 6700\nNote to pt 6.10\nPt 2.12 contains provisions about expert evidence in civil proceedings.\n","sortOrder":1486},{"sectionNumber":"6700","sectionType":"section","heading":"Way evidence given—civil proceedings","content":"6700 Way evidence given—civil proceedings\n(1) Evidence at the trial of a proceeding started by originating claim must\nbe given orally in open court.\nproceeding continue as if started by originating claim (see r 39\n(Proceeding incorrectly started by originating application)).\n(2) Evidence in a proceeding started by originating application must be\ngiven by affidavit.\nNote 1 A proceeding incorrectly started by originating claim is taken to be a\nproceeding started by originating application if the court orders that the\nproceeding continue as if started by originating application (see r 38\n(Proceeding incorrectly started by originating claim)).\nNote 2 See also r 36 (When originating application taken to be used).\n(3) This rule applies—\n(a) unless the court otherwise orders; or\n(b) subject to the Evidence Act, these rules or any other territory\nlaw.\nNote 2 The following provisions set out other ways in which evidence may be\ngiven in particular circumstances or proceedings:\n• div 2.8.4 (Interrogatories)\n• div 2.12.3 (Expert reports)\n• r 1547 (Assessment of damages—use of affidavit evidence)\n\nGeneral—pt 6.10 Division 6.10.1\nRule 6701\n• r 6701 (Evidence on affidavit by agreement—civil proceedings)\n• r 6702 (Evidence in another civil proceeding etc)\n• r 6703 (Evidence by telephone etc)\n• div 6.10.6 (Taking evidence at trial from outside ACT but in\nAustralia by audiovisual link or audio link)\n• div 6.10.8 (Taking evidence otherwise than at trial).\nNote 3 See the Trans-Tasman Proceedings Act, pt 6 (Remote appearances) for\nother ways in which evidence from New Zealand may be given in civil\nproceedings.\n","sortOrder":1487},{"sectionNumber":"6701","sectionType":"section","heading":"Evidence on affidavit by agreement—civil proceedings","content":"6701 Evidence on affidavit by agreement—civil proceedings\n(1) Unless the court otherwise orders, the parties to a proceeding started\nby originating claim may agree that evidence at the trial of the\nproceeding be given by affidavit.\nNote 2 A proceeding incorrectly started by originating application is taken to be\nproceeding continue as if started by originating claim (see r 39\n(Proceeding incorrectly started by originating application)).\n(2) The agreement must be made before the proceeding is set down for\ntrial.\n(3) The parties must tell the court about the agreement before the\nproceeding is set down for trial.\n","sortOrder":1488},{"sectionNumber":"6702","sectionType":"section","heading":"Evidence in another civil proceeding etc","content":"6702 Evidence in another civil proceeding etc\n(1) A party to a civil proceeding may rely on evidence given or an\naffidavit filed in another proceeding or in an earlier stage of the same\n(2) The party must give all other active parties to the proceeding 2 days\nnotice of the party’s intention to rely on the evidence.\n\nRule 6703\n(3) However, if the notice is not given to any other active party, the party\nmay only rely on the evidence or the affidavit with the court’s leave.\n","sortOrder":1489},{"sectionNumber":"6703","sectionType":"section","heading":"Evidence by telephone etc","content":"6703 Evidence by telephone etc\n(1) The court may receive evidence or submissions by telephone, video\nlink or another form of communication in a proceeding.\n(2) The court may, by order, impose conditions for subrule (1).\nNote 1 The following provisions also apply to receipt of evidence or submissions\nby the court by audiovisual or audio link:\n• from within the ACT—the Evidence (Miscellaneous Provisions) Act\n1991, pt 3.4\n• from elsewhere in Australia—the Evidence (Miscellaneous\nProvisions) Act 1991, pt 3.2 and these rules, div 6.10.6 (Taking\nevidence at trial from outside ACT but in Australia by audiovisual\nlink or audio link)\n• from New Zealand—the Trans-Tasman Proceedings Act, pt 6\n(Remote appearances) and these rules, div 6.10A.4 (Trans-Tasman\nproceedings—remote appearances).\nNote 2 The provisions of the Evidence (Miscellaneous Provisions) Act 1991\nmentioned in note 1 do not exclude or limit the operation of any territory\nlaw (including these rules) that makes provision for the taking of\nevidence or the making of a submission outside the ACT for a proceeding\nin the ACT (see that Act, s 18).\n\nRule 6704\n","sortOrder":1490},{"sectionNumber":"6704","sectionType":"section","heading":"Plans, photographs, video or audio recordings and","content":"6704 Plans, photographs, video or audio recordings and\nmodels\n(1) This rule applies if a party intends to tender a plan, photograph, video\nor audio recording, or model at a trial.\n(2) Unless the court otherwise orders, at least 7 days before the day the\ntrial starts, the party must give all other parties an opportunity to—\n(a) inspect anything mentioned in subrule (1) the party intends to\ntender; and\n(b) agree to its admission without proof.\n(3) An application for an order under subrule (2) need not be served on\nanother party and the court may direct that the application and any\nsupporting evidence be placed in a sealed container, for example, an\nenvelope.\n(4) The container may be opened only if the court orders it to be opened.\n(5) Noncompliance with subrule (2) does not affect the admissibility of a\nplan, photograph, video or audio recording, or model.\n(6) Compliance or noncompliance with subrule (2) may be taken into\naccount on the question of costs.\nmodel includes a model or image generated by a computer.\n","sortOrder":1491},{"sectionNumber":"6710","sectionType":"section","heading":"Affidavit—form","content":"6710 Affidavit—form\n(1) An affidavit must be—\n(a) made in the first person; and\n(b) divided into paragraphs numbered consecutively; and\n\nRule 6711\n(c) limited, as far as possible, to 1 subject matter in each paragraph;\nand\n(d) together with any annexure to the affidavit, numbered on each\npage consecutively, starting at ‘1’ for the 1st page.\nNote 1 See approved form 6.11 (Affidavit–general) AF2007-72.\nNote 2 See also div 6.3.1 (General provisions about documents for filing), esp\nr 6103 (Documents—layout etc).\n(2) If the person making an affidavit is, or is employed by, a party to the\nproceeding in which the affidavit is to be used, the affidavit must state\nthat fact.\n","sortOrder":1492},{"sectionNumber":"6711","sectionType":"section","heading":"Affidavit—contents","content":"6711 Affidavit—contents\n(1) An affidavit must be confined to facts within the knowledge of the\nperson making the affidavit.\n(2) However, an affidavit to be used in an application in a proceeding\nmay contain statements based on information and belief if the person\nmaking it states the sources of the information and the grounds for the\nbelief.\nNote 2 The hearsay rule does not apply to evidence in an application in a\nproceeding if the party adducing the evidence also adduces evidence of\nits source (see Evidence Act, s 75 (Exception—interlocutory\nproceedings)).\n(3) This rule does not apply to an affidavit made under division 2.11.3\n(Default by defendant).\nNote An affidavit in support of an application for default judgment must\ncomply with r 1119 (Default judgments—relevant affidavits).\n\nRule 6712\n","sortOrder":1493},{"sectionNumber":"6712","sectionType":"section","heading":"Affidavit—annexures and exhibits","content":"6712 Affidavit—annexures and exhibits\n(1) A document to be used with an affidavit must be—\n(a) annexed to the affidavit; or\n(b) an exhibit to the affidavit.\n(2) However—\n(a) no more than 50 pages in total may be annexed to an affidavit;\nand\n(b) an affidavit may not have both annexures and exhibits.\n(3) Each annexure must be identified sequentially on its 1st page by a\nletter, starting at ‘A’ for the 1st annexure.\n(4) Each annexure must include on its 1st page a statement—\n(a) identifying the annexure as the annexure mentioned in the\naffidavit of the person making the affidavit, and\n(b) signed by the person before whom the affidavit is taken.\nNote See approved form 6.12 (Annexure to affidavit) AF2007-73.\n(5) A group of different documents may form a single annexure.\n(6) If it is not practicable to annex a document to be used with an\naffidavit, a copy of the document may be annexed to the affidavit.\n(7) Each exhibit to the affidavit must be identified by a separate\ncertificate.\nNote See approved form 6.13 (Certificate identifying exhibit) AF2006-421.\n(8) The certificate is the title page for the exhibit, and must be securely\nattached to the front of it.\n(9) The certificate—\n(a) must be signed by the person before whom the affidavit is taken;\nand\n\nRule 6712\n(b) must include the initials of the person making the affidavit,\nfollowed by an identifying number corresponding to the number\nof the exhibit.\nExamples for r (9) (b)\n1 for the 1st exhibit, the identifying number is 1\n2 for the 4th exhibit, the identifying number is 4\n(10) An exhibit to an affidavit must—\n(a) be served with the affidavit; but\n(b) not be filed in the court unless the court otherwise orders.\n(11) If an exhibit to an affidavit contains a document, or group of\ndocuments, the document or documents must be—\n(a) presented in a way that will facilitate the court’s efficient and\nquick reference to them; and\n(b) numbered on each page.\n(12) Subrule (13) applies if there is more than 1 documentary exhibit to an\n(13) As far as practicable—\n(a) the documents must be bound in 1 or more books, with the pages\nnumbered; and\n(b) a certificate must be bound—\n(i) if there is 1 book—at the front of the book; or\n(ii) if there is more than 1 book—at the front of each book\ndealing with the exhibits in the book; and\n(c) an index to each book must be bound immediately after the\ncertificate.\n\nRule 6713\n(14) If a document or thing has been filed in a proceeding, whether or not\nas an annexure or exhibit to an affidavit, in a subsequent affidavit\nfiled in the proceeding—\n(a) the document or thing must not be made an annexure or exhibit\nto the affidavit; and\n(b) the document or thing may be referred to in the affidavit in a\nway sufficient to enable the document or thing to be identified.\n","sortOrder":1494},{"sectionNumber":"6713","sectionType":"section","heading":"Affidavit—document included in","content":"6713 Affidavit—document included in\n(1) A person making an affidavit may include the relevant part of a\ndocument in the affidavit instead of making the document an\nannexure or exhibit to the affidavit.\n(2) The party filing the affidavit must produce the document whenever\nthe affidavit is used.\n","sortOrder":1495},{"sectionNumber":"6714","sectionType":"section","heading":"Affidavit—when may be taken","content":"6714 Affidavit—when may be taken\nAn affidavit to be used in a proceeding may be taken before or after\nthe proceeding starts.\n","sortOrder":1496},{"sectionNumber":"6715","sectionType":"section","heading":"Affidavit—taking of","content":"6715 Affidavit—taking of\n(1) The person (or each person) making an affidavit and the person taking\nthe affidavit must sign or initial each page of the affidavit.\n(2) For each person making the affidavit, a statement (a jurat) must be\nplaced at the end of the body of the affidavit and must—\n(a) state whether the affidavit was sworn or affirmed; and\n(b) state the place the person made the affidavit; and\n(c) be signed by the person making the affidavit in the presence of\nthe person taking the affidavit; and\n\nRule 6716\n(d) then be signed by the person taking the affidavit, above a\nstatement of the person’s full name, address and capacity to take\nExample of capacity for r (2) (d)\nsolicitor\nNote See the Evidence Act 1995 (Cwlth), s 186 (Swearing of affidavits before\njustices of the peace, notaries public and lawyers) and the Oaths and\nAffirmations Act 1984, s 11 (Authority to administer oath etc).\n(3) However, a single jurat may be used for 2 or more people making the\naffidavit if—\n(a) they all swear or affirm the affidavit at the same time before the\nsame person; and\n(b) the jurat includes their names in addition to the details required\nfor each of them under subrule (2).\n","sortOrder":1497},{"sectionNumber":"6716","sectionType":"section","heading":"Affidavit—certificate of reading or signature for person","content":"6716 Affidavit—certificate of reading or signature for person\nmaking\n(1) If the person taking an affidavit considers that the person making it is\nincapable of reading the affidavit, the person taking the affidavit must\ncertify in or below the jurat that—\n(a) the affidavit was read or otherwise communicated in the\nperson’s presence to the person making it; and\n(b) the person making it seemed to understand the affidavit; and\n(i) the person making the affidavit made his or her mark or\nsignature in the presence of the person taking the affidavit;\nor\n\nRule 6716\n(ii) if the person taking the affidavit considers that the person\nmaking it is not capable of marking or signing the\naffidavit—the person making it signified in another way\nthat the person made the affidavit.\n(2) If the person taking an affidavit considers that the person making it\ncannot understand the affidavit when the affidavit is read or otherwise\ncommunicated to the person in English, the person taking the affidavit\nmust certify in or below the jurat that an interpreter, whose name and\naddress is stated in the certificate, swore before the person taking the\naffidavit that—\n(a) the interpreter had, in the presence of the person taking the\naffidavit, interpreted the contents of the affidavit to the person\nmaking the affidavit; and\n(b) the person making the affidavit seemed to understand it; and\n(c) the interpreter had interpreted the oath to the person; and\n(d) the person swore that the contents of the affidavit interpreted to\nthe person were true.\n(3) If the person taking an affidavit considers that the person making it is\nphysically incapable of signing the affidavit, but is capable of reading\nit, the person taking the affidavit must certify in or below the jurat\nthat the person signified that the person made the affidavit.\n(4) If an affidavit is made by a person who is incapable of reading the\naffidavit, and a certificate under subrule (1) or (2) does not appear on\nthe affidavit, the affidavit may be used in a proceeding only if the\ncourt is satisfied that—\n(a) the affidavit was read or otherwise communicated to the person\nmaking it; and\n(b) the person seemed to understand it; and\n(c) the person signified that the person made the affidavit.\n\nRule 6717\n(5) If an affidavit is made by a person who is physically incapable of\nsigning the affidavit, but is capable of reading it, and a certificate\nunder subrule (3) does not appear on the affidavit, the affidavit may\nbe used in a proceeding only if the court is satisfied that the person\nsignified that the person made the affidavit.\njurat—see rule 6715 (2) (Affidavit—taking of).\n","sortOrder":1498},{"sectionNumber":"6717","sectionType":"section","heading":"Affidavit—alterations in","content":"6717 Affidavit—alterations in\n(1) This rule applies to an affidavit if—\n(a) the body or jurat of the affidavit has been altered; or\n(b) the affidavit verifies an account or other document that has been\naltered.\n(2) Unless the court otherwise orders, the affidavit may be filed and\notherwise ordering or leave under this rule.\n(3) However, the affidavit may only be used in a proceeding—\n(a) with the court’s leave; or\n(b) if the alteration was made in accordance with rule 6107\n(Documents—alterations); or\n(c) if the affidavit is taken before the registrar or another officer of\nthe court and the registrar or other officer signs, initials or seals\nthe alteration.\n(4) This rule applies to an account or document verified by affidavit as if\nthe account or document were part of the affidavit.\n\nRule 6718\nalter includes alter by omission, substitution or addition.\njurat—see rule 6715 (2) (Affidavit—taking of).\n","sortOrder":1499},{"sectionNumber":"6718","sectionType":"section","heading":"Affidavit—filing and service","content":"6718 Affidavit—filing and service\n(1) An affidavit to be used in a proceeding must be filed.\n(2) A copy of an affidavit intended to be used by a party in a proceeding\nmust be served on each other active party—\n(a) if these rules or the court sets a time for service—not later than\nthat time; or\n(b) if these rules or the court does not set a time for service—within\na reasonable time before the hearing of the proceeding.\n(3) If an affidavit—\n(a) has not been filed; or\n(b) has not been served in accordance with this rule;\nthe affidavit may only be used in a proceeding with the court’s leave.\n(4) Subrule (2) and subrule (3) (b) do not apply to an application made\nwithout being served on another party.\n","sortOrder":1500},{"sectionNumber":"6719","sectionType":"section","heading":"Affidavit—irregular in form","content":"6719 Affidavit—irregular in form\n(1) An affidavit that is irregular in form (including an affidavit that does\nnot comply with any approved form for the affidavit)—\n(a) may be filed and served; and\n(b) may be used in a proceeding only with the court’s leave.\n\nRule 6720\n(2) If the court gives leave, the court must note on the affidavit that it was\nused by leave.\n(3) An affidavit used under subrule (2) is afterwards taken to be a regular\n","sortOrder":1501},{"sectionNumber":"6720","sectionType":"section","heading":"Affidavit—scandalous matter etc","content":"6720 Affidavit—scandalous matter etc\n(1) If an affidavit contains irrelevant, offensive, oppressive, scandalous,\nor vexatious matter, the court may order that—\n(a) the matter be struck out; or\n(b) the affidavit be removed from the file; or\n(c) the affidavit be removed from the file and destroyed.\n(2) The court may make an order under this rule on the application of an\ninterested party or on its own initiative.\n","sortOrder":1502},{"sectionNumber":"6721","sectionType":"section","heading":"Affidavit—cross-examination of maker","content":"6721 Affidavit—cross-examination of maker\n(1) If an affidavit is to be relied on at a hearing, the court may, by order—\n(a) direct the person making it to be examined and cross-examined\nbefore the court and may order the person to attend the court for\nthe purpose; or\n(b) dispense with the attendance for cross-examination of the person\nmaking it, and direct that the affidavit be used without the person\nmaking it being cross-examined in relation to it.\nor leave under this rule.\n\nRule 6722\n(2) If an affidavit to be relied on at a hearing is served on a party more\nthan 1 day before the day set for the hearing, and the party wishes the\nperson who made the affidavit to attend the court for\ncross-examination, the party may, by notice served on the party filing\nor proposing to use an affidavit in the proceeding, require the\nattendance for cross-examination of the person who made the\n(3) The notice must be served—\n(a) if the court, by order, sets a time for service—within that time;\nor\n(b) if the court does not set a time for service—not later than a\nreasonable time before the attendance is required.\n(4) If an affidavit to be relied on at a hearing is served on a party less than\n2 days before the day set for the hearing, the person who made the\naffidavit must attend the court to be available for cross-examination\nunless the party otherwise agrees or the court dispenses with the\nattendance of the person under subrule (1).\n(5) If the person who made the affidavit does not attend for\ncross-examination as required by a notice under subrule (2), the\naffidavit must not be used without the court’s leave unless the court\nhas dispensed with the attendance of the person under subrule (1).\n(6) If the person who made the affidavit is cross-examined, the party\nusing the affidavit may re-examine the person.\n(7) Unless the court otherwise orders, a party who serves a notice under\nsubrule (2) for the person who made an affidavit to attend the court is\nnot liable to pay the expenses of the attendance.\n","sortOrder":1503},{"sectionNumber":"6722","sectionType":"section","heading":"Affidavit—taken before party","content":"6722 Affidavit—taken before party\nThe court may not receive, and a party may not file, an affidavit taken\nbefore a party personally.\n\nRule 6748\n","sortOrder":1504},{"sectionNumber":"6748","sectionType":"section","heading":"Notice to produce","content":"6748 Notice to produce\n(1) A party to a proceeding may serve a notice on another party to the\nproceeding requiring the other party to produce to the court at the\nhearing of the proceeding a document or thing mentioned in the notice\nfor the purpose of evidence in the proceeding.\nNote See approved form 6.20 (Notice to produce) AF2008-121.\n(2) The notice must be served on the other party not later than 14 days\nbefore the date set for the hearing of the proceeding unless the court\n(3) The other party must produce the document or thing mentioned in the\nnotice to the court at the hearing if––\n(a) the notice is served on the party in accordance with subrule (2);\nand\n(b) the document or thing is in the party’s possession.\n(4) If the party required to produce the document or thing does not\nproduce the document or thing to the court in accordance with the\nnotice, the party requesting the production may—\n(a) give secondary evidence of the contents or nature of the\ndocument or thing; or\n(b) apply to the court for an order—\n(i) that the other party produce the document or thing; or\n(ii) adjourning the hearing.\n(5) The court may order the other party to pay any costs caused by the\nparty’s failure to comply with the notice.\n\nNotices under Evidence Act Division 6.10.4\nRule 6750\n(6) The court may order the party requesting the production of the\ndocument or thing to pay any costs caused by the other party’s\ncompliance with the notice, if the court considers the production of\nthe document or thing to be unnecessary.\nDivision 6.10.4 Notices under Evidence Act\n","sortOrder":1505},{"sectionNumber":"6750","sectionType":"section","heading":"Evidence of previous representation notice","content":"6750 Evidence of previous representation notice\n(1) A notice of intention to adduce evidence of a previous representation\nunder the Evidence Act, section 67 (1) must be in accordance with\nthe form approved under the Court Procedures Act 2004, section 8\nfor section 67.\n(2) The notice may be accompanied by an affidavit setting out the\nevidence of the previous representation.\nNote 1 The Evidence Act, s 67 (4) provides that the court may, on the application\nof a party, direct that 1 or more of s 63 (2), s 64 (2) or s 65 (2), (3) or (8)\nis to apply despite the party’s failure to give notice.\nNote 2 Noncompliance with this rule does not make any proceeding void\n(see r 1450 (Effect of failure to comply with rules)).\n","sortOrder":1506},{"sectionNumber":"6751","sectionType":"section","heading":"Objection to hearsay evidence notice—civil proceedings","content":"6751 Objection to hearsay evidence notice—civil proceedings\nA notice of objection to the tender of hearsay evidence under the\nEvidence Act, section 68 (2) must be in accordance with the form\napproved under the Court Procedures Act 2004, section 8 for that\nsubsection.\n","sortOrder":1507},{"sectionNumber":"6752","sectionType":"section","heading":"Tendency evidence notice","content":"6752 Tendency evidence notice\nA notice of intention to adduce tendency evidence under the Evidence\nAct, section 97 must be in accordance with the form approved under\nthe Court Procedures Act 2004, section 8 for section 97.\nNote The Evidence Act, s 100 (1) provides that the court may, on the\napplication of a party, direct that the tendency rule is not to apply to\nparticular tendency evidence despite the party’s failure to give notice\nunder s 97.\n\nRule 6753\n","sortOrder":1508},{"sectionNumber":"6753","sectionType":"section","heading":"Coincidence evidence notice","content":"6753 Coincidence evidence notice\nA notice of intention to adduce coincidence evidence under the\nEvidence Act, section 98 must be in accordance with the form\napproved under the Court Procedures Act 2004, section 8 for\nsection 98.\nNote The Evidence Act, s 100 (2) provides that the court may, on the\napplication of a party, direct that the coincidence rule is not to apply to\nparticular coincidence evidence despite the party’s failure to give notice\nunder s 98.\n","sortOrder":1509},{"sectionNumber":"6760","sectionType":"section","heading":"Meaning of subpoenaed document or thing—div 6.10.5","content":"6760 Meaning of subpoenaed document or thing—div 6.10.5\nsubpoenaed document or thing means a document or thing, produced\nin a proceeding because of a subpoena, by someone who is not a party\n","sortOrder":1510},{"sectionNumber":"6761","sectionType":"section","heading":"Registrar to keep record of proceeding","content":"6761 Registrar to keep record of proceeding\n(1) The registrar must keep a record of each proceeding.\n(2) The registrar must—\n(a) take charge of a document or thing that is an exhibit in the\n(b) mark or otherwise label each exhibit so the exhibit has a unique\nidentifier in a sequence of consecutive identifiers allocated to\nthe exhibits of the party that put it into evidence; and\n(c) prepare a list of the exhibits for the proceeding that shows—\n(i) the party that put the exhibit into evidence; and\n(ii) if the exhibit was produced because of a subpoena—the\nname of the addressee for the subpoena.\n\nExhibits, documents and things Division 6.10.5\nRule 6762\n(3) The list of exhibits forms part of the record of the proceeding.\n(4) The registrar may treat 2 or more documents as a single exhibit.\n","sortOrder":1511},{"sectionNumber":"6762","sectionType":"section","heading":"Custody of exhibits after proceeding","content":"6762 Custody of exhibits after proceeding\nUnless the court otherwise orders, the registrar must keep exhibits in\na proceeding in the court for at least—\n(a) 28 days after the day judgment is given in the proceeding; or\n(b) if leave to appeal from the judgment is given within that time—\n28 days after the day leave is given.\nNote 2 Rule 5194 (Appeals to Court of Appeal—keeping exhibits) deals with the\nkeeping of the exhibits if an appeal is started in the Court of Appeal from\na judgment given in the proceeding.\n","sortOrder":1512},{"sectionNumber":"6763","sectionType":"section","heading":"Duty of parties to claim exhibits","content":"6763 Duty of parties to claim exhibits\n(1) The party that put an exhibit into evidence in a proceeding must apply\nto the registrar for the return of the exhibit as soon as practicable\n(a) if an appeal is started in relation to the proceeding within the\nappeal period—the appeal is disposed of; or\n(b) if an appeal is not started in relation to the proceeding within the\nappeal period—the appeal period ends.\n(2) If the registrar has the exhibit, the registrar must give it to—\n(b) if the exhibit belongs to someone who is not a party, and the\napplication asks for it to be given to the person—the person.\n\nRule 6763\n(3) If the registrar does not have the exhibit, the registrar must get the\nexhibit and give it to—\n(b) if the exhibit is a subpoenaed document or thing produced by\nsomeone who is not a party, and the application asks for it to be\ngiven to the person—the person.\n(4) If a party does not apply for the return of an exhibit put into evidence\nby the party, the registrar must—\n(a) give the exhibit to the party or anyone else who appears to the\nregistrar to be the owner or person entitled to possession of the\nexhibit; or\n(b) if it is not practicable for the registrar to give the exhibit to the\nperson mentioned in paragraph (a)—give notice to the party, the\nparty’s solicitor or anyone else who appears to the registrar to\nbe the owner or person entitled to possession of the exhibit,\nstating that the person must, within 28 days after the notice is\ngiven—\n(i) collect the exhibit from the registry; or\n(ii) tell the registrar in writing that the person does not want\nthe exhibit returned.\n(5) If a party is given a subpoenaed document or thing, the party must\nreturn the document or thing to the addressee for the subpoena.\n(6) This rule does not require a party to apply for the return of a\nsubpoenaed document or thing.\n(7) This rule applies subject to any direction of the court under rule 6608\n(Removal, return, inspection etc of subpoenaed documents and\nthings).\n\nExhibits, documents and things Division 6.10.5\nRule 6765\nappeal period, in relation to a proceeding, means 28 days after the\nday judgment is given in the proceeding.\n","sortOrder":1513},{"sectionNumber":"6765","sectionType":"section","heading":"Requirement to give or send exhibit","content":"6765 Requirement to give or send exhibit\n(1) If the registrar is required to give an exhibit (including a subpoenaed\ndocument or thing) to a person under rule 6763 (Duty of parties to\nclaim exhibits), the registrar must give or send the exhibit to the\nperson in a way that seems reasonable to the registrar.\n(2) This rule applies subject to any direction of the court under rule 6608.\n","sortOrder":1514},{"sectionNumber":"6766","sectionType":"section","heading":"Disposal of exhibits","content":"6766 Disposal of exhibits\n(a) the registrar has given notice to someone under rule 6763 (4) (b)\nin relation to an exhibit; and\n(b) at the end of 3 months after the day the notice is given, the\nexhibit has not been collected from the registry.\nNote For the disposal of a document or thing produced on subpoena by a party\nthat is not an exhibit, see r 6608 (Removal, return, inspection etc of\nsubpoenaed documents and things).\n(2) The registrar may destroy or otherwise dispose of the exhibit in the\nway the registrar considers appropriate.\n(3) The registrar may apply to the court at any time for an order about the\nreturn, destruction or other disposal of an exhibit.\n(4) If the registrar returns, destroys or otherwise disposes of an exhibit\nunder rule 6763 (Duty of parties to claim exhibits) or this rule, the\nregistrar must ensure a note is placed on the court file specifying the\nexhibit and details of the person to whom it was returned or the way\nin which it was destroyed or otherwise disposed of.\n(5) This rule applies subject to any direction of the court under rule 6608.\n\nRule 6767\n","sortOrder":1515},{"sectionNumber":"6767","sectionType":"section","heading":"Power to allow removal of exhibits etc","content":"6767 Power to allow removal of exhibits etc\n(1) This rule applies to a document or thing that the registrar has in\nrelation to a proceeding, whether or not the document or thing—\n(a) is an exhibit; or\n(b) was produced on subpoena.\n(2) The registrar must not permit the document or thing to be removed\nfrom the registry except on application signed by the solicitor for a\nparty to the proceeding.\n(3) The registrar may—\n(a) permit the document or thing to be removed from the registry on\nany conditions the registrar considers appropriate; or\n(b) refuse to permit the document or thing to be removed.\n(4) If a solicitor removes the document or thing from the registry with the\nregistrar’s permission, the solicitor is taken to undertake to the court\n(a) the document or thing will be kept in the personal custody of the\nsolicitor or counsel briefed by the solicitor in the proceeding;\nand\n(b) the document or thing will be returned to the registry in the same\ncondition, order and packaging in which it was removed, when\ndirected by the registrar; and\n(c) the solicitor will comply with the conditions (if any) to which\nthe permission is subject.\n(5) This rule applies subject to any direction of the court under rule 6608\n(Removal, return, inspection etc of subpoenaed documents and\nthings).\n\nTaking evidence at trial from outside ACT but in Australia by audiovisual\nDivision 6.10.6\nRule 6800\nDivision 6.10.6 Taking evidence at trial from outside\nACT but in Australia by audiovisual\n6800 Application for direction under Evidence (Miscellaneous\nProvisions) Act, s 20\n(1) An application for a direction under the Evidence (Miscellaneous\nProvisions) Act 1991, section 20 (Territory courts may take evidence\nand submissions from participating States) may be made in a civil or\ncriminal proceeding.\nNote Pt 6.2 (Applications in proceedings) applies to an application or a\n(2) The application may be made orally.\n(3) The application must be supported by an affidavit stating—\n(a) why the evidence should be taken or submissions made by\naudiovisual link or audio link; and\n(b) the nature of any evidence to be taken; and\n(c) the number of witnesses to be examined; and\n(d) whether issues of character are likely to be raised; and\n(e) the expected duration of the evidence or submissions; and\n(f) a description of the facilities that are available, or that can\nreasonably be made available, for the evidence to be taken or\nsubmissions to be made; and\n(g) that the requirements of the Evidence (Miscellaneous\nProvisions) Act 1991, section 20 (2) can be met.\n(4) In deciding whether to make the direction, the court may have regard\n(a) the matters included in the applicant’s affidavit;\n\nDivision 6.10.6 Taking evidence at trial from outside ACT but in Australia by audiovisual\nRule 6801\n(b) the cost and convenience to the witnesses and parties.\n(5) Subrule (4) does not limit the matters to which the court may have\n","sortOrder":1516},{"sectionNumber":"6801","sectionType":"section","heading":"Directions for Evidence (Miscellaneous Provisions) Act,","content":"6801 Directions for Evidence (Miscellaneous Provisions) Act,\ns 20\n(1) If the court gives a direction under the Evidence (Miscellaneous\nProvisions) Act 1991, section 20 (Territory courts may take evidence\nand submissions from participating States), it may, on application or\nits own initiative, direct the registrar to arrange for and coordinate the\nuse of appropriate facilities in the ACT and the other jurisdiction.\n(2) Without limiting subrule (1), the court may direct that—\n(a) the registrar arrange for the evidence to be given, or the\nsubmissions to be made, at a court of the other jurisdiction or at\nanother place approved by that court for the purpose; and\n(b) an officer of the court of the other jurisdiction, or anyone else\napproved by that court for the purpose, be asked to be present to\nassist in the transmission of the evidence or submissions and, in\nparticular, to—\n(i) introduce witnesses and legal representatives; and\n(ii) assist with the administration of oaths, if necessary; and\n(iii) assist in carrying out any direction given or request made\nby the judicial officer hearing the evidence or submissions.\n\nRule 6810\nDivision 6.10.8 Taking evidence otherwise than at\ntrial\n","sortOrder":1517},{"sectionNumber":"6810","sectionType":"section","heading":"Definitions—div 6.10.8","content":"6810 Definitions—div 6.10.8\nexamination—\n(a) means an examination of a person under an examination order;\nand\n(b) includes a proceeding for the taking of evidence of a person\nconducted by a judicial authority of a place outside the ACT\n(including outside Australia) under a letter of request issued\nunder an examination order.\nexamination order means an order—\n(a) under rule 6813 (Order for taking evidence otherwise than at\ntrial); or\n(b) under the Foreign Evidence Act 1994 (Cwlth), section 7 (Orders\nfor taking evidence abroad) or section 10 (Orders for taking\nevidence abroad—inferior courts).\nexaminer, in relation to an examination, means the person before\nwhom the examination is to be conducted under the examination\norder for the examination.\n","sortOrder":1518},{"sectionNumber":"6811","sectionType":"section","heading":"Effect of court directions for examination order","content":"6811 Effect of court directions for examination order\nThe provisions of this division about the examination of a person\nunder an examination order apply subject to—\n(a) for an examination order under rule 6813—any directions of the\ncourt under rule 6813 (4); or\n(b) for an examination order under the Foreign Evidence Act 1994\n(Cwlth)—any directions of the Supreme Court under that Act,\nsection 8 (1).\n\nRule 6812\n","sortOrder":1519},{"sectionNumber":"6812","sectionType":"section","heading":"Application of div 6.10.8 to letter of request","content":"6812 Application of div 6.10.8 to letter of request\nThe provisions of this division about the examination of a person\nunder an examination order apply, with any necessary changes, to a\nproceeding for the taking of evidence of a person under a letter of\nrequest issued under an examination order—\n(a) as if the court or tribunal taking the evidence were an examiner\nappointed under this division; but\n(b) subject to—\n(i) the terms of the letter of request; and\n(ii) if the court or tribunal is a court or tribunal of a foreign\ncountry—any convention dealing with the examination of\nwitnesses to which Australia and the foreign country are\nparties.\n","sortOrder":1520},{"sectionNumber":"6813","sectionType":"section","heading":"Order for taking evidence otherwise than at trial","content":"6813 Order for taking evidence otherwise than at trial\n(1) In any civil or criminal proceeding in the court, the court may, on the\napplication of a party to the proceeding, make an order—\n(a) for the examination of a person on oath at a place in or outside\nthe ACT (including outside Australia) before a person appointed\nby the court; or\n(b) for the issue of a commission for the examination of a person on\noath at a place in or outside the ACT (including outside\nAustralia); or\n(c) for the issue of a letter of request to a judicial authority of a place\noutside the ACT (including outside Australia) to take the\nevidence of a person (or cause it to be taken).\n\nRule 6814\n(2) The court may make an order under subrule (1) only if it appears in\nthe interests of justice to make the order.\n(3) In deciding whether it is in the interests of justice to make the order,\nthe court must have regard to—\n(a) whether the person to be examined is willing or able to come to\nthe ACT to give evidence in the proceeding; and\n(b) whether the person will be able to give evidence material to any\nissue to be tried in the proceeding; and\n(c) whether, having regard to the interests of the parties to the\nproceeding, justice will be better served by making or refusing\nto make the order.\n(4) If the court makes an order under subrule (1) (a) or (b), it may, when\nit makes the order or subsequently, give any direction it considers just\nin relation to the examination.\n(5) If the court makes an order under subrule (1) (c), it may include in the\norder a request about anything relating to the taking of the evidence,\n(a) the examination, cross-examination or re-examination of the\nperson, whether the evidence is to be given orally, by affidavit\nor in another way; and\n(b) the attendance of the legal representative of each party to the\nproceeding and the participation of the legal representatives in\nthe examination.\n","sortOrder":1521},{"sectionNumber":"6814","sectionType":"section","heading":"When examination order may be made","content":"6814 When examination order may be made\nThe court may make an examination order at any stage of the\n\nRule 6815\n","sortOrder":1522},{"sectionNumber":"6815","sectionType":"section","heading":"Application for examination order","content":"6815 Application for examination order\n(1) Any party to a proceeding may apply for an examination order.\nNote 1 An application for an order under the Foreign Evidence Act 1994 (Cwlth)\ncan only be made to the Supreme Court (see that Act, s 7 and s 10).\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application for an\nexamination order.\n(2) The application must be supported by an affidavit.\n","sortOrder":1523},{"sectionNumber":"6816","sectionType":"section","heading":"Appointment of examiner","content":"6816 Appointment of examiner\n(1) The court may appoint any of the following as an examiner:\n(a) a judicial officer or other officer of the court;\n(b) anyone else it considers appropriate.\n(2) A judicial officer or other officer of the Supreme Court may only be\n(3) A judicial officer or other officer of the Magistrates Court may only\n","sortOrder":1524},{"sectionNumber":"6817","sectionType":"section","heading":"Documents for examiner","content":"6817 Documents for examiner\n(1) A party who obtains an examination order must give the examiner\ncopies of the documents in the proceeding necessary to inform the\nexaminer of the relevant questions for the examination.\n(2) If the documents in the proceeding are not sufficient to inform the\nexaminer of the questions, the court must state the questions in the\nexamination order or a later order.\nNote Pt 6.2 (Applications in proceedings) applies to an application for a later\n\nRule 6818\n(3) Subrule (1) does not apply if the examiner is a judicial officer or other\nofficer of the court.\n","sortOrder":1525},{"sectionNumber":"6818","sectionType":"section","heading":"Time and place of examination etc","content":"6818 Time and place of examination etc\n(1) The examiner must set the time and place for the examination, unless\nthe court otherwise orders.\n(2) The time set must be as soon as practicable after the making of the\nexamination order.\n(3) The examiner must tell the party who obtained the examination order\nof the time and place set for the examination at least 7 days before the\nday set for the examination.\n(4) The party who obtained the examination order must give notice of the\ntime and place set for the examination to the person to be examined\nand each other active party at least 3 days before the day set for the\nexamination.\n(5) Also, if the person to be examined is not a party to the proceeding,\nthe party who obtained the examination order must serve the person\nwith a subpoena under part 6.9 (Subpoenas) at least 3 days before the\nday set for the examination.\n","sortOrder":1526},{"sectionNumber":"6819","sectionType":"section","heading":"Conduct of examination","content":"6819 Conduct of examination\n(1) Subject to this division, an examination must be conducted in\naccordance with the procedure of the court.\nNote The examination is an examination on oath (see r 6813 (1) (a) and (b)\n(Order for taking evidence otherwise than at trial)).\n(2) Each party to the proceeding and each party’s counsel and solicitor\nmay attend the examination.\n(3) The person examined may be cross-examined and re-examined,\n\nRule 6820\n(4) The examination, cross-examination and re-examination of the\nperson examined is to be conducted in the same way as at a trial,\n(5) The examiner may put any question to the person being examined\nabout—\n(a) the meaning of an answer given by the person; or\n(b) anything arising during the examination, cross-examination or\nre-examination.\n(6) The examiner may adjourn the examination from time to time or from\nplace to place.\n","sortOrder":1527},{"sectionNumber":"6820","sectionType":"section","heading":"Examination of additional people","content":"6820 Examination of additional people\n(1) If the examiner is a judicial officer of a court, the examiner may, on\nthe application of a party, examine a person not named or provided\nfor in the examination order.\nNote Pt 6.2 (Applications in proceedings) applies to an application under r (1).\n(2) If the examiner is not a judicial officer of a court, the examiner may,\nwith the written agreement of every active party to the proceeding,\nexamine a person not named or provided for in the examination order.\n(3) The examiner must attach the agreements of the parties to the\ndeposition under rule 6822 (Recording evidence of examination) of a\nperson examined under subrule (2).\n\nRule 6821\n","sortOrder":1528},{"sectionNumber":"6821","sectionType":"section","heading":"Objections by party or person being examined","content":"6821 Objections by party or person being examined\n(a) the examiner is not a judicial officer of a court; and\n(i) a party to the proceeding objects to a question put to a\nperson being examined; or\n(ii) a person being examined objects to answering a question\nor producing a document or thing.\n(2) The examiner must state to the parties the examiner’s opinion, but\nmust not decide, on the validity of the objection.\n(3) The following matters must be set out in the deposition under\nrule 6822 (Recording evidence of examination) of the person\nexamined, or in a statement attached to the deposition:\n(a) the question;\n(b) the ground for the objection;\n(c) the examiner’s opinion;\n(d) except if the objection is based on privilege, the answer.\n(4) On application by a party, the court may decide the validity of the\nNote Pt 6.2 (Applications in proceedings) applies to an application under r (4).\n(5) If the court disallows the objection, it may—\n(a) remit the examination back to the examiner with any necessary\ndirection about the conduct of the examination; and\n(b) make an order for the costs caused by the objection, including\nan order for costs against the person being examined.\n\nRule 6822\n","sortOrder":1529},{"sectionNumber":"6822","sectionType":"section","heading":"Recording evidence of examination","content":"6822 Recording evidence of examination\n(1) The examiner must ensure evidence given at the examination is\nrecorded, in writing or in another way, and authenticated by the\nexaminer.\n(2) The court or the examiner may give directions for making an\naudiovisual recording of the evidence at the examination.\n(3) If a transcript of the evidence is prepared, the person who prepares\nthe transcript must certify that it is a correct transcript of the evidence\nrecorded.\n(4) The examiner must authenticate and sign any deposition or other\nrecording.\n(5) If evidence given at an examination is recorded in a deposition, it\n(a) contain, in question and answer form, the evidence of the person\nexamined; and\n(b) be transcribed and read over by or to the person examined in the\nexaminer’s presence and in the presence of the parties wishing\nto attend; and\n(c) be signed by the person examined or, if the person refuses to\nsign the deposition, by the examiner for the person.\n","sortOrder":1530},{"sectionNumber":"6823","sectionType":"section","heading":"Authentication and filing of deposition of examination etc","content":"6823 Authentication and filing of deposition of examination etc\n(1) This rule applies if a deposition under rule 6822 (Recording evidence\nof examination) is produced.\n(2) The examiner must write on the deposition a statement signed by the\nexaminer of the time spent in taking the examination and the fees (if\nany) received for the examination.\n(3) The examiner must send the following to the registrar:\n(a) the original record of the deposition;\n\nRule 6824\n(b) any transcript of that record;\n(c) any audiovisual recording;\n(d) any exhibits obtained during the examination.\n(4) The registrar must file in the court the documents mentioned in\nsubrule (3) (a) and (b).\n","sortOrder":1531},{"sectionNumber":"6824","sectionType":"section","heading":"Special report on examination","content":"6824 Special report on examination\nAn examiner may report to the court on—\n(a) the examination; or\n(b) the absence of a person from the examination; or\n(c) the conduct of a person at the examination.\n","sortOrder":1532},{"sectionNumber":"6825","sectionType":"section","heading":"Default of witness at examination","content":"6825 Default of witness at examination\n(1) This rule applies if–\n(a) a person is required by subpoena or a notice under rule 6483\n(Special witness—notice instead of subpoena) to attend before\nan examiner; and\n(b) the person does not attend or refuses to take an oath for the\nexamination, answer a lawful question or produce a document\nor thing.\n(2) The examiner must, if asked by a party, give the party a certificate\nsigned by the examiner of the facts mentioned in subrule (1).\n(3) On the filing of the certificate, on application by any party, the court\nmay order the person—\n(a) to attend before the examiner, be sworn, answer the question or\nto produce the document or thing; and\n\nRule 6826\n(b) to pay any costs caused by the person’s refusal.\n","sortOrder":1533},{"sectionNumber":"6826","sectionType":"section","heading":"Costs of examination","content":"6826 Costs of examination\nThe court may make an order about the costs of an examination under\nan examination order.\n","sortOrder":1534},{"sectionNumber":"6827","sectionType":"section","heading":"Witness expenses for witness at examination","content":"6827 Witness expenses for witness at examination\nA person appearing before an examiner to be examined, or to produce\na document or thing, is entitled to payment of the same amount for\nexpenses and loss of time that the person would have been entitled to\non attending to give evidence, or to produce a document or thing, at\nthe trial of the proceeding before the court.\n","sortOrder":1535},{"sectionNumber":"6828","sectionType":"section","heading":"Admissibility of deposition of examination","content":"6828 Admissibility of deposition of examination\n(1) A deposition under rule 6822 (Recording evidence of examination) is\nadmissible in evidence at the trial of a proceeding only if—\n(a) the deposition is made under an examination order; or\n(b) the deposition is admissible under the Evidence Act; or\n(c) a territory law provides for the deposition to be admissible.\n(2) A deposition purporting to be signed by the person before whom it\nwas taken is receivable in evidence without proof of the signature of\nthe person.\n\nRule 6829\n","sortOrder":1536},{"sectionNumber":"6829","sectionType":"section","heading":"Letter of request","content":"6829 Letter of request\n(1) This rule applies if an examination order is made for the issue of a\nletter of request to the judicial authority of a place outside the ACT.\n(2) The party obtaining the order must give the registrar—\n(a) a draft of the letter of request; and\n(b) any interrogatories and cross-interrogatories to accompany the\nletter of request; and\n(c) if the place is a foreign country where English is not an official\nlanguage—a written translation, in an official language of the\ncountry, of the documents mentioned in paragraphs (a) and (b);\nand\n(d) the further copies of each of the documents mentioned in\nparagraphs (a) and (b) that the registrar directs; and\n(e) an undertaking in accordance with subrule (5).\n(3) The translation mentioned in subrule (2) (c) must be certified, in\nwriting, by the person making it to be a correct translation of the\n(4) The certificate of the person making the translation must also state\nthe person’s full name and address and qualifications for making the\ntranslation.\n(5) The undertaking given to the registrar under subrule (2) must be an\nundertaking by the party obtaining the order, or the party’s solicitor—\n(a) to be responsible for all expenses incurred by the court, or by\nanyone at the court’s request, in relation to the letter of request\n(the incurred expenses); and\n(b) to pay the registrar the amount of the incurred expenses on being\ngiven an account of them by the registrar.\n\nRule 6830\n(6) Despite the making of the order and subrules (2) (e), the registrar\nmay—\n(a) require the person giving the undertaking to provide security, in\na form satisfactory to the registrar, for the anticipated expenses\nin relation to the letter of request; and\n(b) refuse to take action in relation to the letter of request until the\nsecurity is provided.\n(7) The person giving the undertaking must pay the amount of the\nincurred expenses to the registrar not later than 7 days after the day\nthe person is given an account of them by the registrar.\n(8) If the amount of the incurred expenses is not paid in accordance with\nsubrule (7), the court may, on its own initiative—\n(a) order the party who obtained the order to pay the unpaid amount\nof the incurred expenses; and\n(b) if the party is a plaintiff—stay the proceeding, until the unpaid\namount is paid, to the extent that it relates to all or part of a claim\nfor relief by that party; and\n(c) if the party is a defendant—make any order it considers\nappropriate, including an order that, until the unpaid amount is\npaid, the defendant be taken not to have filed a notice of\nintention to respond or defence or not be allowed to use in\nevidence any deposition of a witness obtained under the letter of\nrequest.\n","sortOrder":1537},{"sectionNumber":"6830","sectionType":"section","heading":"Use of evidence taken in examination","content":"6830 Use of evidence taken in examination\n(1) The court may, on the conditions (if any) it considers just, allow a\nparty to a proceeding to tender as evidence in the proceeding—\n(a) a person’s evidence taken in an examination held under an order\nmade in the proceeding under rule 6813 (Order for taking\nevidence otherwise than at trial); or\n\nRule 6830\n(b) a record of that evidence.\nNote 1 The Foreign Evidence Act 1994 (Cwlth), s 9, s 12, s 13, s 14 and s 15 deal\nwith the use of evidence taken under that Act.\nNote 2 Pt 6.2 (Applications in proceedings) applies to an application under this\n(2) However, evidence of a person tendered under subrule (1) is not\nadmissible if the evidence would not have been admissible if it had\nbeen given or produced at the hearing.\n(3) Also, the court may exclude from the proceeding evidence taken\nunder an order under rule 6813 even if it is otherwise admissible, if it\nconsiders that it is in the interests of justice to exclude the evidence.\napplication), an application under this rule may be made orally, unless\nevidence, in relation to an examination, includes—\n(a) a document produced at the examination (including an exhibit);\nand\n(b) answers made, whether in writing, or orally and reduced to\nwriting, to any interrogatories presented at the examination.\n\nRule 6831\n","sortOrder":1538},{"sectionNumber":"6831","sectionType":"section","heading":"Use of evidence taken in an examination—subsequent","content":"6831 Use of evidence taken in an examination—subsequent\n(1) If the court makes an order under rule 6813 (Order for taking evidence\notherwise than at trial) for a committal proceeding (the primary\norder), it may include in the primary order an order that evidence\ntaken outside the ACT under the primary order may, subject to\nsubrules (3), (4) and (5), be tendered in a proceeding (the subsequent\nproceeding) that is—\n(a) a criminal proceeding that results from the committal\n(b) a related civil proceeding.\n(2) If the court makes an order under rule 6813 for a criminal proceeding\nother than a committal proceeding (the primary order), it may include\nin the primary order an order that evidence taken outside the ACT\nunder the primary order may, subject to subrules (3), (4) and (5), be\ntendered in a proceeding (also the subsequent proceeding) that is a\nrelated civil proceeding.\n(3) If the court has included in an order under rule 6813 (the primary\norder) an order under this rule, the court before which the subsequent\nproceeding is brought may allow a party to the subsequent proceeding\nto tender as evidence in the subsequent proceeding—\n(a) a person’s evidence taken in an examination held under the\nprimary order; or\n(b) a record of that evidence.\n\nRule 6832\n(4) However, evidence of a person tendered under subrule (3) is not\nadmissible if—\n(a) at the hearing of the subsequent proceeding the court is satisfied\nthat the person is in the ACT and is able to attend the hearing;\nor\n(b) the evidence would not have been admissible had it been given\nor produced at the hearing.\n(5) Also, the court before which the subsequent proceeding is brought\nmay exclude from the subsequent proceeding evidence taken in an\nexamination held under an order under rule 6813 even if it is\notherwise admissible, if it considers that it is in the interests of justice\nto exclude the evidence.\nrelated civil proceeding, in relation to a criminal proceeding, means\nany civil proceeding arising from the same subject matter from which\nthe criminal proceeding arose, and, in particular, includes—\n(a) a proceeding under the Confiscation of Criminal Assets\nAct 2003; and\n(b) a proceeding for the recovery of tax, or any duty, levy or charge\npayable to the Territory.\n","sortOrder":1539},{"sectionNumber":"6832","sectionType":"section","heading":"Amendment and revocation of examination orders","content":"6832 Amendment and revocation of examination orders\n(1) The court may amend or revoke an order made under rule 6813\n(Order for taking evidence otherwise than at trial) (a primary order).\n(2) The power given by subsection (1) includes the power to—\n(a) include in a primary order an order under rule 6831; or\n(b) amend or revoke an order under rule 6831 that is included in a\nprimary order.\n\nRule 6833\n(3) If a primary order that includes an order under rule 6831 is revoked,\nthe order under rule 6831 is taken to have been revoked at the same\n","sortOrder":1540},{"sectionNumber":"6833","sectionType":"section","heading":"Exclusion of evidence in criminal proceeding","content":"6833 Exclusion of evidence in criminal proceeding\nThis division does not affect the power of the court in hearing a\ncriminal proceeding to exclude evidence that has been obtained\nillegally or that would, if admitted, operate unfairly against the\nDivision 6.10.9 Taking evidence for Australian and\nforeign courts and tribunals\n","sortOrder":1541},{"sectionNumber":"6840","sectionType":"section","heading":"Definitions—div 6.10.9","content":"6840 Definitions—div 6.10.9\napplicable convention, in relation to a request issued by or on behalf\nof a court or tribunal of a foreign country, means a convention dealing\nwith examination of witnesses to which Australia and the foreign\ncountry are parties.\nAustralian court means an entity authorised to exercise an\nadjudicative function—\n(a) whether on behalf of a court or otherwise; and\n(b) whether or not the entity is authorised to require the answering\nof questions or the production of documents.\nproceeding means—\n(a) a proceeding in any civil or commercial matter; or\n(b) a proceeding in or before a court in relation to the commission\nof an offence or an alleged offence, or the confiscation of\ncriminal assets.\n\nRule 6841\nrequest includes any commission, order or other process issued for\nthe making of an application under rule 6843 (Order relating to taking\nevidence for Australian or foreign court or tribunal).\nrequesting court, in relation to a request or an order under rule 6843\nmade on a request, means the court or tribunal outside the ACT\n(including outside Australia) by or on behalf of which the request is\n","sortOrder":1542},{"sectionNumber":"6841","sectionType":"section","heading":"Application—div 6.10.9","content":"6841 Application—div 6.10.9\n(1) This division applies to—\n(a) an order under rule 6843 (Order relating to taking evidence for\nAustralian or foreign court or tribunal); and\n(b) an examination under the order.\n(2) This division applies subject to—\n(a) the terms of the request for the order and any applicable\nconvention; and\n(b) in relation to the application of a relevant rule of this division—\nany direction by the court consistent with the request and any\napplicable convention.\nrelevant rule means any of the following rules:\n• rule 6842 (Application for div 6.10.9 order)\n• rule 6845 (Appointment of examiner for div 6.10.9)\n• rule 6846 (Attendance by div 6.10.9 order applicant at\nexamination)\n• rule 6847 (Procedure for taking evidence under div 6.10.9 order)\n• rule 6848 (Keeping of exhibits at div 6.10.9 examination)\n• rule 6849 (Certificate of order and depositions—div 6.10.9\nexamination).\n\nRule 6842\n","sortOrder":1543},{"sectionNumber":"6842","sectionType":"section","heading":"Application for div 6.10.9 order","content":"6842 Application for div 6.10.9 order\n(1) An application for an order under rule 6843 (Order relating to taking\nevidence for Australian or foreign court or tribunal) may only be\nmade by—\n(a) a person nominated by the requesting court; or\n(b) if no-one is nominated—the Attorney-General.\n(2) An application mentioned in subrule (1) or for any other order under\nthis division must be filed, but need not be served on anyone.\n","sortOrder":1544},{"sectionNumber":"6843","sectionType":"section","heading":"Order relating to taking evidence for Australian or foreign","content":"6843 Order relating to taking evidence for Australian or foreign\ncourt or tribunal\n(1) This rule applies if, on application to the court under rule 6842 for\nevidence to be taken in the ACT, the court is satisfied that—\n(a) the application is made under a request issued by or on behalf of\na court or tribunal exercising jurisdiction in a place outside the\nACT (including outside Australia); and\n(b) the evidence to which the application relates is to be taken for a\nproceeding that has been, or may be brought, before the\nrequesting court.\n(2) The court may, by order, make any provision for the taking of\nevidence in the ACT that appears to the court to be appropriate for\nthe purpose of giving effect to the request.\n(3) Without limiting subrule (2), an order under this rule may provide for\nall or any of the following:\n(a) the examination of witnesses, orally or in writing;\n(b) the production of documents;\n\nRule 6844\n(c) the inspection, photographing, preservation, custody or\ndetention of property;\n(d) the taking of samples of property and the carrying out of any\nexperiments on or with property;\n(e) the medical examination of a person;\n(f) without limiting paragraph (e), the taking and testing of samples\nof blood from a person.\n(4) An order under this rule may require a stated person to take steps—\n(a) that the court considers appropriate for the purpose of giving\neffect to the request; and\n(b) that could be taken to obtain evidence for the purpose of a\nproceeding in the court (whether or not the proceeding is of the\nsame kind as the proceeding to which the application for the\norder relates).\n(5) Subrule (4) does not prevent the court making an order requiring a\nperson to give testimony, orally or in writing, otherwise than on oath\nif this is asked for by the requesting court.\n(6) An order under this rule must not require a person to—\n(a) state what documents relevant to the proceeding to which the\napplication for the order relates are or have been in the person’s\npossession; or\n(b) produce any documents other than stated documents.\n","sortOrder":1545},{"sectionNumber":"6844","sectionType":"section","heading":"Div 6.10.9 order for criminal proceeding","content":"6844 Div 6.10.9 order for criminal proceeding\nAn order under rule 6843 (Order relating to taking evidence for\nAustralian or foreign court or tribunal) must not be made in relation\nto a criminal proceeding unless the requesting court is a court of a\nplace in Australia or New Zealand.\n\nRule 6845\n","sortOrder":1546},{"sectionNumber":"6845","sectionType":"section","heading":"Appointment of examiner for div 6.10.9","content":"6845 Appointment of examiner for div 6.10.9\n(1) The court may appoint any of the following as an examiner:\n(a) a judicial officer or other officer of a court;\n(b) anyone else it considers suitable.\n(2) A judicial officer or other officer of the Supreme Court may only be\n(3) A judicial officer or other officer of the Magistrates Court may only\n","sortOrder":1547},{"sectionNumber":"6846","sectionType":"section","heading":"Attendance by div 6.10.9 order applicant at examination","content":"6846 Attendance by div 6.10.9 order applicant at examination\nThe applicant for an order under rule 6843 (Order relating to taking\nevidence for Australian or foreign court or tribunal) may attend and\ntake part in the examination held under the order.\n","sortOrder":1548},{"sectionNumber":"6847","sectionType":"section","heading":"Procedure for taking evidence under div 6.10.9 order","content":"6847 Procedure for taking evidence under div 6.10.9 order\n(1) The applied provisions of division 6.10.8 (Taking evidence otherwise\nthan at trial) apply, subject to this division and with any necessary\nchanges, to an examination to which this division applies as if it were\nan examination to which that division applies.\n(2) For this rule, the applied provisions of division 6.10.8 are the\n• rule 6810 (Definitions—div 6.10.8)\n• rule 6817 (1) (Documents for examiner)\n• rule 6818 (Time and place of examination etc)\n• rule 6819 (Conduct of examination)\n• rule 6820 (Examination of additional people)\n• rule 6821 (Objections by party or person being examined)\n\nRule 6848\n• rule 6822 (Recording evidence of examination)\n• rule 6823 (Authentication and filing of deposition of examination\netc)\n• rule 6824 (Special report on examination)\n• rule 6827 (Witness expenses for witness at examination).\n","sortOrder":1549},{"sectionNumber":"6848","sectionType":"section","heading":"Keeping of exhibits at div 6.10.9 examination","content":"6848 Keeping of exhibits at div 6.10.9 examination\nIf, in an examination to which this division applies, the examiner\nreceives an exhibit from a person, the examiner must keep it and send\nit to the registrar with the deposition and other documents required by\nrule 6823 (3) (Authentication and filing of deposition of examination\n","sortOrder":1550},{"sectionNumber":"6849","sectionType":"section","heading":"Certificate of order and depositions—div 6.10.9","content":"6849 Certificate of order and depositions—div 6.10.9\nexamination\nOn receiving the original record of the deposition, and any transcript\nof that record, taken in an examination, the registrar must—\n(a) issue a sealed certificate for the examination; and\n(b) give the certificate, and the documents mentioned in the\ncertificate, to the Attorney-General.\nNote See approved form 6.14 (Certificate of order and depositions—div 6.10.9\nexamination) AF2006-422.\n","sortOrder":1551},{"sectionNumber":"6850","sectionType":"section","heading":"Privilege of witnesses—div 6.10.9 examination","content":"6850 Privilege of witnesses—div 6.10.9 examination\n(1) A person cannot be compelled under an order under rule 6843 (Order\nrelating to taking evidence for Australian or foreign court or tribunal)\nto give any evidence that the person could not be compelled to give\nin a similar proceeding in—\n(a) the ACT; or\n(b) the place where the requesting court exercises jurisdiction.\n\nRule 6851\n(2) Subrule (1) (b) does not apply unless the person’s claim to be exempt\nfrom giving evidence is—\n(a) supported by a statement contained in the request (whether it is\nsupported unconditionally or subject to conditions that are\nfulfilled); or\n(b) conceded by the applicant for the order.\n(3) If the claim is not supported or conceded, the person may be required\nto give the evidence to which the claim relates, but that evidence must\nnot be transmitted to the requesting court if that court, on the matter\nbeing referred to it, upholds the claim.\ngiving evidence includes—\n(a) producing a document; and\n(b) answering a question.\n","sortOrder":1552},{"sectionNumber":"6851","sectionType":"section","heading":"Privilege of witnesses—unsupported claim etc for","content":"6851 Privilege of witnesses—unsupported claim etc for\ndiv 6.10.9 examination\n(1) This rule applies to evidence that is the subject of a claim for privilege\nunder rule 6850 (1) (b) if the claim is not supported or conceded in\naccordance with that rule.\n(2) The deposition, and any transcript, recording the evidence must—\n(a) be kept separate from any other deposition or transcript in the\n(b) when given to the registrar, be accompanied by a statement\nsigned by the examiner setting out the claim for privilege and\nthe ground on which it was made.\n\nRule 6851\n(3) The registrar—\n(a) must include the statement of the claim for privilege, and a\nrequest to decide the claim, with the documents sent to the\nAttorney-General under rule 6849 (Certificate of order and\ndepositions—div 6.10.9 examination); and\n(b) must not include with those documents the deposition, or any\ntranscript, recording the evidence that is the subject of the claim.\n(4) After the requesting court decides the claim for privilege, the registrar\n(a) if the requesting court rejects the claim—send it the deposition,\nand any transcript, recording the evidence to which the claim\nrelates; or\n(b) if the requesting court upholds the claim—return the deposition\nand any transcript to the person claiming privilege.\n(5) The registrar must also tell the person claiming privilege, and the\napplicant for the order for examination, about the decision of the\nrequesting court.\n\nRule 6860\n","sortOrder":1553},{"sectionNumber":"6860","sectionType":"section","heading":"Terms in Trans-Tasman Proceedings Act","content":"6860 Terms in Trans-Tasman Proceedings Act\nA term used in the Trans-Tasman Proceedings Act has the same\nmeaning in this chapter.\nNote For example, the following terms are defined in the Trans-Tasman\nProceedings Act, s 4:\n• audio link\n• audiovisual link\n• document\n• enforcement\n• entitled person\n• given\n• liable person\n• NZ judgment\n• proceeding\n• registered NZ judgment.\nDivision 6.10A.2 Trans-Tasman proceedings—orders\nunder Trans-Tasman Proceedings Act\n","sortOrder":1554},{"sectionNumber":"6861","sectionType":"section","heading":"Trans-Tasman proceedings—originating application","content":"6861 Trans-Tasman proceedings—originating application\n(1) A proceeding for an order under the Trans-Tasman Proceedings Act\nmust be started by an originating application.\nNote See approved form 2.7 (Originating application) AF2006-252.\n(2) The application must be accompanied by an affidavit that states the\nmaterial facts on which the plaintiff relies that are necessary to give\nthe defendant fair notice of the case to be made against the defendant\nat the hearing.\n\nTrans-Tasman proceedings—orders under Trans-Tasman Proceedings\nAct\nDivision 6.10A.2\nRule 6862\n","sortOrder":1555},{"sectionNumber":"6862","sectionType":"section","heading":"Trans-Tasman proceedings—applications in proceedings","content":"6862 Trans-Tasman proceedings—applications in proceedings\nAn application in a proceeding for an order under the Trans-Tasman\nProceedings Act must be made in accordance with part 6.2\n(Applications in proceedings).\nNote See approved form 6.2 (Application in proceeding) AF2010-103.\n","sortOrder":1556},{"sectionNumber":"6863","sectionType":"section","heading":"Trans-Tasman proceedings—application for interim relief","content":"6863 Trans-Tasman proceedings—application for interim relief\n(1) An application for an order for interim relief under the Trans-Tasman\nProceedings Act, section 25 must be made by an originating\nNote See approved form 6.25 (Trans-Tasman proceedings—originating\napplication for order for interim relief) AF2024-47.\n(2) The application must be accompanied by an affidavit stating—\n(a) if the person has started a proceeding in a New Zealand court—\n(i) that the person has started a proceeding in a New Zealand\n(ii) the relief sought in the New Zealand proceeding; and\n(iii) the steps taken in the New Zealand proceeding; or\n(b) if the person intends to start a proceeding in a New Zealand\n(i) when the intended proceeding will be started; and\n(ii) the court in which the intended proceeding is to be started;\nand\n(iii) the relief to be sought in the intended proceeding; and\n(c) the interim relief sought; and\n(d) why the interim relief should be given.\n\nDivision 6.10A.3 Trans-Tasman proceedings—service of subpoenas in New Zealand\nRule 6864\nDivision 6.10A.3 Trans-Tasman proceedings—service\nof subpoenas in New Zealand\n6864 Application—div 6.10A.3\nThis division applies to a proceeding to which the Trans-Tasman\nProceedings Act, part 5, division 2 applies.\nNote The Trans-Tasman Proceedings Act does not apply to a subpoena issued\nin an excluded family proceeding. Excluded family proceeding is\ndefined in that Act, s 4.\n","sortOrder":1557},{"sectionNumber":"6865","sectionType":"section","heading":"Trans-Tasman proceedings—application for leave to","content":"6865 Trans-Tasman proceedings—application for leave to\nserve subpoena in New Zealand\n(1) An application for leave to serve a subpoena in New Zealand must be\nmade by application in the proceeding in which the subpoena is\nNote 1 See approved form 6.26 (Trans-Tasman proceedings—application for\nleave to serve subpoena in New Zealand) AF2024-48.\n(a) a copy of the subpoena in relation to which leave is sought; and\nNote 1 See approved form 6.27 (Trans-Tasman proceedings—subpoena)\nAF2024-49.\nNote 2 Pt 6.9 (Subpoenas) applies to the subpoena.\n(b) an affidavit stating, briefly but specifically, the following:\n(i) the name, occupation and address of the person to be\nserved with the subpoena (the addressee);\n(ii) whether the addressee is at least 18 years old;\n(iii) the nature and significance of the evidence to be given, or\nthe document or thing to be produced, by the addressee;\n\nTrans-Tasman proceedings—service of subpoenas in New Zealand Division 6.10A.3\nRule 6865\n(iv) details of the steps taken to find out whether the evidence,\ndocument or thing could be obtained by other means\nwithout significantly greater expense, and with less\ninconvenience, to the addressee;\n(v) the date by which it is intended to serve the subpoena in\nNew Zealand;\n(vi) details of the amounts to be given to the addressee to meet\nthe addressee’s reasonable expenses of complying with the\nsubpoena;\nNote 1 The addressee is entitled to payment of a reasonable amount\nfor expenses incurred in complying with the subpoena (see\nTrans-Tasman Proceedings Act, s 37 (1)).\nNote 2 Before granting leave under the Trans-Tasman Proceedings\nAct to serve the subpoena, the court may require the person\nmaking the application to undertake to meet the expenses\nreasonably incurred by the addressee in complying with the\nsubpoena if those expenses are more than the allowances\nand travelling expenses to be provided to the addressee at\nthe time of service of the subpoena (see Trans-Tasman\nProceedings Act, s 37 (4)).\nNote 3 Expenses, in relation to a subpoena—see the Trans-Tasman\n(vii) details of how the amounts mentioned in subparagraph (vi)\nare to be given to the addressee;\n(viii) if the subpoena is a subpoena to give evidence—an\nestimate of the time that the addressee will be required to\nattend, to give evidence;\n(ix) any facts or circumstances known to the person making the\naffidavit that may give cause for the subpoena to be set\naside under the Trans-Tasman Proceedings Act,\nsection 36 (2) or (3) (Setting aside Australian subpoenas).\n\nDivision 6.10A.3 Trans-Tasman proceedings—service of subpoenas in New Zealand\nRule 6866\n","sortOrder":1558},{"sectionNumber":"6866","sectionType":"section","heading":"Trans-Tasman proceedings—application to set aside","content":"6866 Trans-Tasman proceedings—application to set aside\nsubpoena served in New Zealand\n(1) An application for leave to set aside a subpoena served in New\nZealand must be made by application in the proceeding in which the\nsubpoena was issued.\n(2) The application must be filed in the court in which the order granting\nleave to serve the subpoena in New Zealand was made.\n(3) The application must be accompanied by—\n(a) a copy of the subpoena; and\n(b) an affidavit stating—\n(i) the material facts on which the application is based; and\n(ii) whether the person making the application requests that\nany hearing be held by audio link or audiovisual link.\n","sortOrder":1559},{"sectionNumber":"6867","sectionType":"section","heading":"Trans-Tasman proceedings—noncompliance with","content":"6867 Trans-Tasman proceedings—noncompliance with\nsubpoena served in New Zealand\n(1) This rule applies in relation to a subpoena issued by a court\n(the issuing court) if leave to serve the subpoena in New Zealand has\nbeen given under the Trans-Tasman Proceedings Act, section 31.\n(2) A party may apply to the issuing court for the issue of a certificate of\nnon-compliance with the subpoena.\n\nTrans-Tasman proceedings—service of subpoenas in New Zealand Division 6.10A.3\nRule 6867\n(3) An application may be made—\n(a) if the proceeding in which the subpoena was issued is before the\ncourt—orally to the court; or\n(b) by application.\nNote 1 If a person named in a subpoena fails to comply with it, the court that\nissued the subpoena may issue a certificate of noncompliance under the\nTrans-Tasman Proceedings Act, s 38. See approved form 6.28\n(Trans-Tasman proceedings—certificate of noncompliance with\nsubpoena) AF2011-145.\nNote 3 A certificate of noncompliance is issued if it has been sealed or stamped\nby the court (see dict).\n(4) The application must be accompanied by—\n(a) a draft of the certificate of noncompliance; and\n(b) a copy of the subpoena; and\n(c) a copy of the order giving leave to serve the subpoena; and\n(d) an affidavit of service of the subpoena; and\n(e) a further affidavit stating the following:\n(i) whether an application was made to set aside the subpoena;\n(ii) the material in support of any application in\nsubparagraph (i);\n(iii) any order that disposed of the application in\nsubparagraph (i);\n(iv) the material facts relied on for the issue of a certificate of\nnon-compliance.\n\nDivision 6.10A.4 Trans-Tasman proceedings—remote appearances\nRule 6868\nDivision 6.10A.4 Trans-Tasman proceedings—remote\nappearances\n6868 Trans-Tasman proceedings—application for order for use\nof audio link or audiovisual link from New Zealand\n(1) A party to a proceeding to which the Trans-Tasman Proceedings Act\npart 6, division 2 applies may apply for an order that evidence be\ntaken, or submissions be made, by audio link or audiovisual link.\nNote 1 See approved form 6.29 (Trans-Tasman proceedings—application for\norder to use audio link or audiovisual link) AF2024-50.\n(2) Subrule (1) does not apply to a request mentioned in\nrule 6866 (3) (b) (ii).\nDivision 6.10A.5 Trans-Tasman proceedings—\nenforcement of NZ judgments\n","sortOrder":1560},{"sectionNumber":"6869","sectionType":"section","heading":"Trans-Tasman proceedings—notice of registration of NZ","content":"6869 Trans-Tasman proceedings—notice of registration of NZ\n(1) A party must not take any step to enforce a registered NZ judgment,\nin the period mentioned in the Trans-Tasman Proceedings Act,\nsection 74 (2), unless the party has filed an affidavit stating that notice\nof the registration of the NZ judgment has been given, in accordance\nwith the Trans-Tasman Proceedings Act, section 73 and any\nregulations made under that Act.\n(2) If a party against whom the registered NZ judgment is enforceable is\nout of Australia, the documents mentioned in subrule (1) may be\nserved without leave of the court.\nNote Div 6.8.9 otherwise provides for service of documents out of Australia.\n(3) The party must file an affidavit proving service of the documents\nmentioned in subrule (1) before any step is taken to enforce the\nregistered NZ judgment.\n\nTrans-Tasman proceedings—enforcement of NZ judgments Division 6.10A.5\nRule 6870\n","sortOrder":1561},{"sectionNumber":"6870","sectionType":"section","heading":"Trans-Tasman proceedings—application for extension of","content":"6870 Trans-Tasman proceedings—application for extension of\ntime to give notice of registration of NZ judgment\n(1) An application by an entitled person for an extension of the time\nwithin which to give notice of the registration of a NZ judgment,\nunder the Trans-Tasman Proceedings Act, section 73 (3) must be\nmade by originating application.\nNote 2 Entitled person, in relation to a judgment—see the Trans-Tasman\n(a) briefly but specifically, the grounds relied on in support of the\n(b) the material facts relied on in support of the application; and\n(c) why notice was not given within time.\n","sortOrder":1562},{"sectionNumber":"6871","sectionType":"section","heading":"Trans-Tasman proceedings—application to set aside","content":"6871 Trans-Tasman proceedings—application to set aside\nregistration of NZ judgment\n(1) An application by a liable person to set aside the registration of a NZ\njudgment, under the Trans-Tasman Proceedings Act, section 72 (1)\nmust be made by originating application in the proceeding in which\nthe judgment was registered.\n(a) briefly but specifically, the grounds on which the registration of\nthe judgment should be set aside; and\n\nDivision 6.10A.5 Trans-Tasman proceedings—enforcement of NZ judgments\nRule 6872\n(b) the material facts relied on in support of the application.\n","sortOrder":1563},{"sectionNumber":"6872","sectionType":"section","heading":"Trans-Tasman proceedings—application for stay of","content":"6872 Trans-Tasman proceedings—application for stay of\nenforcement of registered NZ judgment\n(1) An application by a liable person for a stay of the enforcement of a\nregistered NZ judgment, so that the liable person can appeal the\njudgment, under the Trans-Tasman Proceedings Act, section 76 (1)\nmust be made by originating application.\n(a) the order sought; and\n(b) briefly but specifically, the grounds relied on in support of the\norder sought; and\n(c) the material facts relied on in support of the application.\n","sortOrder":1564},{"sectionNumber":"6873","sectionType":"section","heading":"Trans-Tasman proceedings—application for extension of","content":"6873 Trans-Tasman proceedings—application for extension of\ntime to apply for stay of enforcement of registered NZ\n(1) An application by a liable person for an extension of the time within\nwhich to apply for a stay of the enforcement of a registered NZ\njudgment, so that the liable person can appeal the judgment, under the\nTrans-Tasman Proceedings Act, section 76 (3) must be made by\n\nTrans-Tasman proceedings—enforcement of NZ judgments Division 6.10A.5\nRule 6873\n(a) the order sought; and\n(b) briefly but specifically, the grounds relied on in support of the\n(c) the material facts relied on in support of the application; and\n(d) why the application was not made within time.\n\nRule 6900\n","sortOrder":1565},{"sectionNumber":"6900","sectionType":"section","heading":"Power to make orders","content":"6900 Power to make orders\nIf a provision of these rules gives the court a power that can be\nexercised by making an order, the provision gives a power to make\nRule 1128 (Default judgment—setting aside etc) provides that the court may amend\nor set aside a judgment entered under division 2.11.3, and any enforcement of it. A\njudgment under the division may be set aside by making an order to that effect.\n","sortOrder":1566},{"sectionNumber":"6901","sectionType":"section","heading":"Orders may be made on conditions","content":"6901 Orders may be made on conditions\nSubject to these rules, the court may make an order under these rules\non any conditions it considers appropriate.\n","sortOrder":1567},{"sectionNumber":"6902","sectionType":"section","heading":"Leave may be given on conditions","content":"6902 Leave may be given on conditions\nIf the court gives leave under a provision of these rules, it may give\nthe leave on the conditions it considers appropriate.\n","sortOrder":1568},{"sectionNumber":"6903","sectionType":"section","heading":"References to court acting on its own initiative","content":"6903 References to court acting on its own initiative\nAn express reference in a provision of these rules to the court acting\non its own initiative does not, by implication, prevent the court acting\non its own initiative under another provision of these rules.\n","sortOrder":1569},{"sectionNumber":"6904","sectionType":"section","heading":"Mandatory order to registrar etc","content":"6904 Mandatory order to registrar etc\n(1) On application by a party to a proceeding or on its own initiative, the\ncourt may order the registrar or another officer of the court to do, or\nnot do, any act relating to the registrar’s, or other officer’s, duties.\nrule for an order or an order otherwise ordering.\n\nMiscellaneous—ch 6 Part 6.11\nRule 6905\n(2) If a party applies for an order in subrule (1), the party must give\nreasonable notice of the application to the registrar or other officer\n","sortOrder":1570},{"sectionNumber":"6905","sectionType":"section","heading":"Notices must be written","content":"6905 Notices must be written\nA notice required or allowed to be given under these rules must be\ngiven in writing.\n","sortOrder":1571},{"sectionNumber":"6906","sectionType":"section","heading":"Mistakes in orders or court certificates","content":"6906 Mistakes in orders or court certificates\n(a) there is a clerical mistake in an order or certificate of the court\nor an error in a record of an order or certificate of the court; and\n(b) the mistake or error resulted from an accidental slip or omission.\n(2) On application by a party to the proceeding or on its own initiative,\nthe court may at any time correct the mistake or error.\ncorrection of the mistake or error.\n(3) Part 2.7 (Amendment) does not apply to a correction made under this\n","sortOrder":1572},{"sectionNumber":"6907","sectionType":"section","heading":"Power to make practice notes","content":"6907 Power to make practice notes\n(1) The rule-making committee may make practice notes for these rules.\n(2) A practice note is taken to be made by the rule-making committee if\nit is signed by 3 or more committee members, 1 of whom must be the\nmember mentioned in the Court Procedures Act 2004,\nsection 9 (2) (a) and another of whom must be the member mentioned\nin the Act, section 9 (2) (d) or (e).\nNote The member mentioned in the Court Procedures Act 2004, s 9 (2) (a) is\nthe Chief Justice (or the Chief Justice’s delegate), the member mentioned\nin s 9 (2) (d) is the Chief Magistrate (or the Chief Magistrate’s delegate)\nand the member mentioned in s 9 (2) (e) is another magistrate appointed\nby the Chief Magistrate.\n\nRule 6908\n(3) A practice note may approve a document exchange for these rules.\n(4) A practice note is a notifiable instrument.\n","sortOrder":1573},{"sectionNumber":"6908","sectionType":"section","heading":"Use of electronic devices in courtrooms","content":"6908 Use of electronic devices in courtrooms\n(1) A person must not use an electronic device in a court room unless—\n(a) the person is—\n(i) a party to a proceeding before the court; or\n(ii) a legal representative of a party to a proceeding before the\n(iii) a media representative; or\n(b) the person is permitted by the presiding judicial officer to use\nthe device.\n(2) Unless permitted by the presiding judicial officer, a person mentioned\nin subrule (1) must not use an electronic device in a court room if use\nof the device—\n(a) interferes with the court recording system or other technology;\nor\n(b) in the opinion of the presiding judicial officer, interferes with\ncourtroom behaviour, is inconsistent with the court’s functions,\nor otherwise impedes the administration of justice; or\n(c) generates sound or requires speaking into the device; or\n(d) records a photograph or video image; or\n(e) records or digitally transcribes the proceedings other than in\naccordance with this rule.\n\nMiscellaneous—ch 6 Part 6.11\nRule 6908\n(3) If a sheriff’s officer or another officer of the court reasonably believes\nthat a person is using an electronic device in contravention of this\nrule, the officer may direct the person to—\n(a) leave the courtroom; or\n(b) give the electronic device to the officer until the person leaves\nthe courtroom; or\n(c) allow the officer and the presiding judicial officer access to the\nelectronic device to view any images or listen to any recordings;\nor\n(d) modify or delete the images or recordings on the electronic\ndevice as directed by the presiding judicial officer.\n(4) A person who contravenes this rule may be dealt with for contempt\n\nRule 7000\n","sortOrder":1574},{"sectionNumber":"7000","sectionType":"section","heading":"Transitional—existing proceedings in Supreme Court on","content":"7000 Transitional—existing proceedings in Supreme Court on\n(1) Unless the Supreme Court otherwise orders, these rules apply to an\nexisting proceeding.\n(2) If a difficulty arises in the application of subrule (1) to a particular\nproceeding, the court may make any order it considers appropriate to\nresolve the difficulty.\nor on its own initiative.\nexisting proceeding means a proceeding started in the Supreme\nCourt, but not completed, before 1 July 2006.\nNote See sch 4 (Scale of costs), r 4.12 (2) for transitional provisions in relation\nto costs.\n","sortOrder":1575},{"sectionNumber":"7002","sectionType":"section","heading":"Transitional—construction of outdated references to","content":"7002 Transitional—construction of outdated references to\nSupreme Court rules etc\nThese rules apply as if—\n(a) a reference in an Act, statutory instrument or document, to the\nSupreme Court Rules 1937, the Supreme Court (Admission of\nLegal Practitioners) Rules 1998 or the Supreme Court\n(Corporations) Rules 2003 were, in relation to anything to\nwhich these rules apply, a reference to these rules; and\n\nTransitional Chapter 7\nTransitional—Supreme Court Part 7.1\nRule 7002\n(b) a reference in an Act, statutory instrument or document, to a\nprovision of the Supreme Court Rules 1937, the Supreme Court\n(Admission of Legal Practitioners) Rules 1998 or the Supreme\nCourt (Corporations) Rules 2003 were, in relation to anything\nto which these rules apply, a reference to the corresponding\nprovision of these rules; and\n(c) a reference in an Act, statutory instrument or document, to\nsomething that is no longer applicable because of the making of\nthese rules, and for which there is a corresponding thing under\nthese rules, were a reference to the thing under these rules, if the\ncontext allows and if otherwise appropriate.\nExamples for par (c)\n1 A ‘notice of motion’ is taken to be an ‘application’.\n2 A reference to entering an appearance in relation to an originating\nprocess in a civil proceeding is taken to be a reference to filing a notice\nof intention to respond in the court or filing a defence (if the defendant\nchooses not to file a notice of intention to respond but files a defence).\n3 A reference to taxation of costs is taken to be a reference to assessment\nof costs.\n\nRule 7011\n","sortOrder":1576},{"sectionNumber":"7011","sectionType":"section","heading":"Transitional—existing proceedings in Magistrates Court","content":"7011 Transitional—existing proceedings in Magistrates Court\non 1 January 2007\n(1) Unless the Magistrates Court otherwise orders, these rules apply to\nan existing proceeding.\n(2) If a difficulty arises in the application of subrule (1) to a particular\nproceeding, the Magistrates Court may make any order it considers\nappropriate to resolve the difficulty.\n(3) The Magistrates Court may make an order under this rule on\nexisting proceeding means a proceeding started in the Magistrates\nCourt, but not completed, before 1 January 2007.\n\nExpert witness code of conduct Schedule 1\nRule 1.1\n","sortOrder":1577},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Expert witness code of","content":"Schedule 1 Expert witness code of\nconduct\n(see r 1201)\n1.1 Application of code\nThis code of conduct applies to any expert witness engaged or\nappointed—\n(a) to provide an expert’s report for use as evidence in a proceeding\nor proposed proceeding; or\n(b) to give opinion evidence in a proceeding or proposed\n1.2 General duty to court\n(1) An expert witness has a paramount duty to assist the court impartially\non matters relevant to the expert’s area of expertise.\n(2) This paramount duty to the court, overrides any duty to a party to the\nproceeding or other person retaining the expert.\n(3) An expert witness is not an advocate for a party.\n1.3 Content of report\nEvery report prepared by an expert witness for use in court must state\nthe opinion of the expert and state or provide the following:\n(a) the expert’s name and address;\n(b) an acknowledgment that the expert has read this code and agrees\nto be bound by it;\n(c) the expert’s qualifications to prepare the report;\n(d) the material facts and assumptions on which each opinion\nexpressed in the report is based (a letter of instructions may be\nannexed);\n\nRule 1.3\n(e) the reasons for each opinion expressed and references to any\nliterature or other materials used by the expert to support each\nopinion;\n(f) if applicable, that a particular question, issue or matter falls\noutside the expert’s area of expertise;\n(g) any examinations, tests or other investigations on which the\nexpert has relied, identifying the person who carried them out\nand the person’s qualifications;\n(h) to the extent that any opinion expressed by the expert involves\nthe acceptance of another person’s opinion, the identification of\nthe other person and the opinion expressed by the person;\n(i) a declaration that—\n(i) the expert has made all the inquiries which the expert\nbelieves are desirable and appropriate, other than for any\nmatters identified specifically in the report; and\n(ii) no matters of significance which the expert regards as\nrelevant have, to the knowledge of the expert, been\nwithheld from the court;\n(j) any qualification of an opinion expressed in the report without\nwhich the report is, or may be, incomplete or inaccurate;\n(k) whether any opinion expressed in the report is not a concluded\nopinion because of insufficient research, or insufficient data or\nfor any other reason;\n(l) if the report is lengthy or complex, a brief summary of the report\nat the beginning of the report.\n\nExpert witness code of conduct Schedule 1\nRule 1.4\n1.4 Supplementary report following change of opinion\n(1) This section applies if an expert witness has provided a report for use\nin court to a party, or the party’s legal representative (the earlier\nreport) and the expert witness subsequently changes their opinion on\na material matter.\n(2) The expert witness must immediately provide a supplementary report\nto the party, or the party’s legal representative, stating or providing\nthe information mentioned in rule 1.3 (a), (d), (e), (g) to (l) and, if\napplicable, rule 1.3 (f).\n(3) In any subsequent report, whether prepared under subrule (2) or not,\nthe expert witness may refer to material contained in the earlier report\nwithout repeating it.\n1.5 Duty to comply with court’s directions\nIf directed by the court, an expert witness must—\n(a) confer with any other expert witness; and\n(b) give the court a report identifying—\n(i) the matters on which the experts agree; and\n(ii) the matters on which the experts disagree; and\n(iii) the reasons for the experts not agreeing; and\n(c) comply with any direction of the court in a timely way.\n1.6 Experts’ conference etc\nAn expert witness must—\n(a) exercise independent judgment in relation to every conference\nheld, or report prepared, under the court’s direction under\nrule 1.5, and must not act on any instruction or request to\nwithhold or avoid agreement; and\n\nRule 1.6\n(b) try to reach agreement with the other expert witness, or\nwitnesses, on any issue on which they disagree, or failing\nagreement, try to identify and clarify the reasons why.\n\nInterest up to judgment Part 2.1\nPart 2.1 Interest up to judgment\n(see r 51, r 304, r 1104, r 1120 and r 1616)\nTable 2.1 Interest up to judgment—Supreme Court\nitem\n1 1 January 1974 to 31 December 1980 10.00\n2 1 January 1981 to 31 December 1985 14.00\n3 1 January 1986 to 31 December 1987 18.00\n4 1 January 1988 to 31 December 1989 16.00\n5 1 January 1990 to 30 June 1990 21.00\n6 1 July 1990 to 31 December 1990 18.00\n7 1 January 1991 to 30 June 1991 16.00\n8 1 July 1991 to 30 June 1993 15.00\n9 1 July 1993 to 30 April 2001 10.00\n10 1 May 2001 to 9 January 2005 9.00\n11 10 January 2005 to 30 June 2010 9.00\n2.1 Interest up to judgment after 30 June 2010—Supreme\nFor the Supreme Court, the rate of interest up to judgment for a period\nthat is 4% above the cash rate last published by the Reserve\n\nPart 2.1 Interest up to judgment\nis 4% above the cash rate last published by the Reserve Bank of\nTable 2.2 Interest up to judgment—Magistrates Court\nitem\n1 any period before 1 July 1981 13.375\n2 1 July 1981 to 30 June 1982 15.00\n3 1 July 1982 to 31 December 1982 17.50\n4 1 January 1983 to 31 December 1983 15.50\n5 1 January 1984 to 30 June 1984 12.375\n6 1 July 1984 to 31 December 1984 14.75\n7 1 January 1985 to 30 June 1985 13.75\n8 1 July 1985 to 31 December 1985 17.25\n9 1 January 1986 to 30 June 1986 20.625\n10 1 July 1986 to 31 December 1986 18.125\n11 1 January 1987 to 30 June 1987 19.25\n12 1 July 1987 to 29 February 1988 18.75\n13 1 March 1988 to 28 February 1989 16.125\n14 1 March 1989 to 31 August 1989 17.875\n15 1 September 1989 to 14 January 1991 20.75\n16 15 January 1991 to 14 July 1991 17.50\n17 15 July 1991 to 14 January 1992 15.75\n18 15 January 1992 to 14 July 1992 13.75\n\nInterest up to judgment Part 2.1\nRule 2.2\nitem\n19 15 July 1992 to 14 January 1993 11.50\n20 15 January 1993 to 31 January 1994 10.00\n21 1 February 1994 to 31 July 1995 9.00\n22 1 August 1995 to 31 March 1997 10.75\n23 1 April 1997 to 30 April 1998 9.55\n24 1 May 1998 to 9 January 2005 8.45\n25 10 January 2005 to 30 June 2010 9.00\n2.2 Interest up to judgment after 30 June 2010—Magistrates\nFor the Magistrates Court, the rate of interest up to judgment for a\nperiod after 30 June 2010 is—\nthat is 4% above the cash rate last published by the Reserve\nis 4% above the cash rate last published by the Reserve Bank of\n\nRule 2.3\n(see r 1619 and r 1620)\nTable 2.3 Interest after judgment—Supreme Court\nitem\nperiod and case (if any)\n1 any period ending before 1 May 1986:\n(a)if judgment was entered before\n(b)if judgment was entered on or after\n5.00\n10.00\n2 1 May 1986 to 30 June 1990 15.00\n3 1 July 1990 to 31 December 1991 20.00\n4 1 January 1992 to 30 June 1993 15.00\n5 1 July 1993 to 30 April 2001 12.00\n6 1 May 2001 to 9 January 2005 11.00\n7 10 January 2005 to 30 June 2010 11.00\n2.3 Interest on judgment after 30 June 2010—Supreme Court\nFor the Supreme Court, the rate of interest on judgment for a period\nthat is 6% above the cash rate last published by the Reserve\nis 6% above the cash rate last published by the Reserve Bank of\n\nInterest after judgment Part 2.2\nRule 2.4\nTable 2.4 Interest after judgment—Magistrates Court\nitem\nperiod and case (if any)\n1 any period ending before 1 May 1986:\n(a)if judgment was entered before\n(b)if judgment was entered on or after\n5.00\n10.00\n2 1 May 1986 to 30 June 1990 15.00\n3 1 July 1990 to 31 December 1991 20.00\n4 1 January 1992 to 30 June 1993 15.00\n5 1 July 1993 to 9 April 1995 12.00\n6 10 April 1995 to 31 July 1995 9.00\n7 1 August 1995 to 31 March 1997 10.75\n8 1 April 1997 to 30 April 1998 9.55\n9 1 May 1998 to 9 January 2005 8.45\n10 10 January 2005 to 30 June 2010 11.00\n2.4 Interest on judgment after 30 June 2010—Magistrates\nFor the Magistrates Court, the rate of interest on judgment for a period\nthat is 6% above the cash rate last published by the Reserve\n\nRule 2.4\nis 6% above the cash rate last published by the Reserve Bank of\n\nSchedule 3\nClaim for debt or liquidated demand Part 3.1\nSchedule 3 Costs amount—debts,\nliquidated demands, company\nwindings-up, enforcement\norders and certificates of\nPart 3.1 Claim for debt or liquidated\ndemand\n(see r 51, r 304 and r 1100)\nTable 3.1 Prescribed costs amount—claim for debt or liquidated demand\nitem\n1 Magistrates Court—< $10 000 507.00\n2 Magistrates Court—≥ $10 000 but < $25 000 1 031.00\n3 Magistrates Court—≥ $25 000 but < $40 000 1 232.00\n4 Magistrates Court—≥ $40 000 but < $50 000 1 384.00\n5 Magistrates Court—≥ $50 000 but < $250 000 1 538.00\n6 Supreme Court—any amount 1 538.00\nPart 3.2 Default judgment\n(see r 1121)\nTable 3.2 Prescribed costs amount—default judgment\nitem\n1 Magistrates Court—< $10 000 658.00\n2 Magistrates Court—≥ $10 000 but < $25 000 1 316.00\n3 Magistrates Court—≥ $25 000 but < $40 000 1 580.00\n\nSchedule 3 Costs amount—debts, liquidated demands, company windings-up,\nPart 3.3 Company winding-up\nitem\n4 Magistrates Court—≥ $40 000 but < $50 000 1 779.00\n5 Magistrates Court—≥ $50 000 but < $250 000 1 975.00\n6 Supreme Court—any amount 1 975.00\nPart 3.3 Company winding-up\n(see r 1740)\nTable 3.3 Prescribed costs amount—company winding-up\nitem\nclaimed amount ($)\n1 4 477.00\nPart 3.4 Enforcement orders\n(see r 1741)\nTable 3.4 Prescribed costs amount—enforcement orders\nitem\namount\nclaimed—\nwith agent\n($)\namount\nclaimed—\nno agent\n($)\n1 Magistrates Court—< $10 000 859.00 625.00\n2 Magistrates Court—≥ $10 000 but < $25 000 1 745.00 1 269.00\n3 Magistrates Court—≥ $25 000 but < $40 000 2 082.00 1 515.00\n4 Magistrates Court—≥ $40 000 but < $50 000 2 345.00 1 704.00\n5 Magistrates Court—≥ $50 000 but < $250 000 2 604.00 1 894.00\n6 Supreme Court—any amount 2 604.00 1 894.00\n\nSchedule 3\nCertificate of registration Part 3.5\nPart 3.5 Certificate of registration\n(see r 2010B)\nTable 3.5 Prescribed costs amount—certificate of registration\nitem\nclaimed amount ($)\n1 Magistrates Court—< $10 000 90.00\n2 Magistrates Court—≥ $10 000 but < $25 000 182.00\n3 Magistrates Court—≥ $25 000 but < $40 000 218.00\n4 Magistrates Court—≥ $40 000 but < $50 000 245.00\n5 Magistrates Court—≥ $50 000 but < $250 000 273.00\n6 Supreme Court—any amount 273.00\n\nRule 4.1\n(see r 1700)\nNote to pt 4.1\nDiv 2.17.2 (Entitlement to costs) includes the following rules which relate to the\nassessment of costs under this schedule:\n• r 1734 (Costs—assessment costs)\n• r 1735 (Costs—counsel’s advice and settling documents)\n• r 1736 (Costs—evidence)\n• r 1737 (Costs—solicitor advocate)\n• r 1738 (Costs—retainer for counsel)\n• r 1739 (Costs—counsel’s fees for applications).\n4.1 Costs—general care and conduct\nIn addition to an amount that is to be allowed under an item in\npart 4.2, the amount that is to be allowed for a solicitor’s care and\nconduct of a proceeding is the amount the registrar considers\nreasonable having regard to the circumstances of the proceeding,\nincluding, for example, the following:\n(a) the complexity of the proceeding;\n(b) the difficulty and novelty of any question raised in the\n(c) the importance of the proceeding, including to the party;\n(d) the amount involved;\n(e) the skill, labour, specialised knowledge and responsibility\ninvolved in the proceeding on the part of the solicitor;\n(f) the number and importance of the documents prepared or\nperused, without regard to the length of the documents;\n\nScale of costs—general Part 4.1\nRule 4.2\n(g) the time spent by the solicitor;\n(h) research and consideration of questions of law and fact.\n4.2 Costs—registrar’s discretion\n(1) For a matter for which a cost is provided for in part 4.2, the registrar\nmay allow an additional amount, reduce the amount to be allowed, or\nchange the method of calculating costs, as the registrar considers\n(2) For a matter for which a cost is not provided for in part 4.2, the\namount to be allowed is the cost the registrar considers reasonable.\n(3) If the nature and importance, or the difficulty or urgency, of a\nproceeding and the justice of the case justify it, the registrar may\nallow an increase of not more than 30% of the solicitor’s costs\nallowed on the assessment of the costs of the proceeding.\n4.3 Costs—letters sent by email\nThe amount to be allowed for a letter sent as an email, or as an\nattachment to an email, is the amount that would be allowed if the\nletter were sent by post or another way.\n4.4 Costs—allowance on affidavits to include attendances\nThe amount allowed for instructions and drawing an affidavit in\nanswer to interrogatories and other special affidavits, and attending\nthe person making the affidavit to swear the affidavit includes all\nattendances on the person making the affidavit to read over and settle\n4.5 Costs—affidavit made by 2 or more people etc\nThe registrar may make any further allowance the registrar considers\nreasonable in relation to an affidavit if—\n(a) the affidavit is sworn by 2 or more people; or\n\nRule 4.6\n(b) the affidavit must be sent somewhere else, or an agent has to be\nemployed, for the affidavit to be sworn.\n4.6 Costs—documents to be served together\n(1) If 2 or more documents can be served at the same time on a party to\na proceeding, the documents must be served together.\n(2) The registrar must not allow any further amount for service if more\nthan 1 document is served at the same time.\n4.7 Costs—agency correspondence\nIn a proceeding in which there is an agent solicitor, the registrar may\nmake any further allowance for agency correspondence that the\nregistrar considers reasonable if satisfied the correspondence has\nbeen special and extensive.\n4.8 Costs—attendance to instruct counsel\n(1) If a solicitor who holds an unrestricted practising certificate, or who\nhas held a practising certificate for at least 2 years, attended in court\nto instruct counsel in a proceeding, the registrar may allow—\n(a) the amount set by the prescribed scale of costs for a solicitor\nwho holds an unrestricted practising certificate, or who has held\na practising certificate for at least 2 years, to attend to instruct\ncounsel, if satisfied that the importance or difficulty of the\nproceeding, or the responsibility involved in instructing counsel,\njustified the solicitor’s attendance; or\n(b) the amount set by the prescribed scale of costs for a solicitor\nother than a solicitor mentioned in paragraph (a) to attend to\ninstruct counsel, if satisfied the attendance of that solicitor only\nwas justified; or\n(c) the amount set by the prescribed scale of costs for a clerk to\nattend to instruct counsel, if satisfied that the attendance of a\nclerk only was justified.\n\nScale of costs—general Part 4.1\nRule 4.9\n(2) If a solicitor other than a solicitor mentioned in subrule (1) (a)\nattended in court to instruct counsel in a proceeding, the registrar may\nallow—\n(a) the amount set by the prescribed scale of costs for a solicitor\nother than a solicitor mentioned in subrule (1) (a) to attend to\ninstruct counsel, if satisfied the attendance of the solicitor was\njustified; or\n(b) the amount set by the prescribed scale of costs for a clerk to\nattend to instruct counsel, if satisfied that the attendance of a\nclerk only was justified.\n(3) If a clerk attended in court to instruct counsel in a proceeding, the\nregistrar may allow the amount for a clerk to attend to instruct\ncounsel, only if satisfied the clerk was competent to instruct counsel\n4.9 Costs—parties with same solicitor\nIf the same solicitor represents 2 or more parties and the solicitor does\nwork for 1 or some of them separately that could have been done for\nsome or all of them together, the registrar may disallow costs for the\nunnecessary work.\n4.10 Costs—counsel drawing and settling documents\nIf the registrar allows costs for counsel to draw and settle a document,\nthe registrar must not allow the costs of a conference with counsel in\nrelation to the document, unless there were special reasons making\nthe conference necessary.\n4.11 Costs—premature brief\nThe registrar must not allow costs for the preparation and delivery of\na brief to counsel on a trial that did not take place if the costs were\nincurred prematurely.\n\nRule 4.12\n4.12 Costs—transitional\n(1) A solicitor is entitled to charge and be allowed the costs set out in this\nschedule for work done or services performed on or after the\ncommencement day.\n(2) However, if work done or services performed by a solicitor after the\ncommencement day was assessed before the commencement day, this\nrule as in effect immediately before the commencement day continues\nto apply to the work and services.\n(3) Rule 4.12 as in effect immediately before the commencement day\ncontinues to apply to work done or services performed by a solicitor\nbefore the commencement day.\ncommencement day means the day the Court Procedures Amendment\nRules 2022 (No 3), rule 8 commences.\n\nInstructions Division 4.2.1\nitem\n1 to sue or defend, to appeal or oppose\nan appeal\n220.70\n2 for statement of claim, petition,\nspecial case or counterclaim\n220.70\n3 for defence 188.90\n4 for—\n(a) a reply; or\n(b) amending a pleading; or\n(c) a notice claiming\ncontribution or indemnity;\nor\n(d) a document to be brought\ninto the registrar’s office\n(for example, an account or\ndeed); or\n(e) adding parties by order; or\n(f) a bond or other deed; or\n(g) retaining counsel, including\npreparing retainer\n78.80\n\nitem\n5 for—\n(a) a pleading not otherwise\nprovided for; or\n(b) interrogatories for the\nexamination of a party or\nwitness; or\n(c) an affidavit in answer to\ninterrogatories or other\nspecial affidavit; or\n(d) disclosure or a list of\ndocuments; or\n(e) an application for an order\nthat a matter be heard\nbefore the Full Court; or\n(f) a brief on application in\nchambers\n6 for—\n(a) an application whether in\ncourt, before the registrar\nor in chambers; or\n(b) opposition to an\napplication; or\n(c) the assessment of a bill of\ncosts\n7 for brief to advise on evidence 141.90\n8 for—\n(a) a statement of facts in an\naction; or\n(b) a request for particulars; or\n(c) particulars\n9 for brief in preparation for trial the amount the registrar considers\n\nDrawing Division 4.2.2\nitem\nDivision 4.2.2 Drawing\n10 for an originating process or\ncounterclaim\n164.70 or, if longer than\n700 words, 23.40 per\n11 for any other pleading, a notice\nclaiming contribution or indemnity,\nor an amendment of a pleading\n110.40 or, if longer than\n400 words, 23.40 per\n12 for—\n(a) a notice of an application in\na proceeding; or\n(b) a notice to produce\ndocuments; or\n(c) a notice to admit facts; or\n(d) a special case; or\n(e) interrogatories; or\n(f) a special affidavit; or\n(g) a brief (including\nobservations)\n101.00 or, if longer than\n400 words, 23.40 per\n13 a formal affidavit, including an\naffidavit of service\n55.40\n14 any other document 43.80 or, if longer than\n100 words, 25.90 per\nDivision 4.2.3 Engrossing\n15 of a document 6.90 per 100 words\n\nitem\n16 of any document, or of multiple\ndocuments copied at the same\ntime—\n(a) for each of the first\n10 copies; or\n(b) for each additional copy up\nto 100 copies; or\n(c) for each additional copy\nover 100 copies\n4.40\n2.00\n0.70\nDivision 4.2.5 Perusal\n17 of—\n(a) an originating process; or\n(b) a pleading; or\n(c) an application in a\n(d) interrogatories; or\n(e) a special case; or\n(f) a notice to admit\n77.70 or, if longer than\n800 words, 8.80 per\n18 of any other document, if it is\nnecessary to peruse\n8.80 per 100 words\n19 of a document by scanning it, if it is\nnot necessary to peruse\n8.60 or, if the document has\nmore than 10 pages, the\nadditional amount the\nregistrar considers\n\nAttendances Division 4.2.6\nitem\nDivision 4.2.6 Attendances\n20 for personal service, if necessary, of\n1 or more documents at the same\ntime\n117.90\n21 for service of 1 or more documents\nat the same time—\n(a) at the office of a solicitor\non the record or the address\nfor service of a party; or\n(b) by post; or\n(c) made through a document\nexchange\n47.70\n22 by attendance (including travel and\nwaiting time)—\n(a) by a solicitor; or\n(b) by a clerk\n42.40\n17.70\nper 6 minutes\nper 6 minutes\n23 at the registry or other office or\nplace for—\n(a) filing, delivering, or\ncollecting a document; or\n(b) a purpose not involving the\nexercise of legal skill or\nknowledge\n39.30\n24 formal telephone attendance 39.30\n25 telephone attendance leaving\nmessage only\n19.50\n\nitem\n26 if the registrar is satisfied, in\nrelation to travel, that the purpose of\nthe journey could not have been\nsatisfactorily accomplished by an\nagent and that—\n(a) a solicitor has been\nnecessarily absent from the\nplace where the solicitor\ncarries on practice; or\n(b) a clerk has attended in\nplace of the solicitor\nan allowance (in addition to reasonable\ntravelling expenses), for each day\n(other than Saturdays and Sundays) that\nthe solicitor is absent, of not more than\n1 838.70\nan allowance (in addition to reasonable\ntravelling expenses), for each day\n(other than Saturdays and Sundays) that\nthe clerk is absent, of not more than\n472.30\n27 ordinary letter 54.80 or 26.60 per 100 words\n28 special letter 91.00 or 26.60 per 100 words\n29 formal letter—short letter, without\nlegal content\n26.50\n30 circular letters after the first 12.10\n31 fax copy, including attendance to\nsend\n62.10\n32 receiving and filing any incoming\nletter, other than a letter received by\nemail (postage and transmission fees\nproperly incurred may be claimed as\na disbursement)\n16.30\n33 receiving, printing and filing\nincoming letter received by email\n17.90\n\nWitness expenses Division 4.2.8\nitem\n34 printing any attachment to an email,\nor multiple attachments to an email\nprinted at the same time—\n(a) for each of the first\n10 pages; or\n(b) for each additional page up\nto 100 copies; or\n(c) for each additional page\nover 100 copies\n4.40\n2.00\n0.70\nDivision 4.2.8 Witness expenses\n35 a witness called because of the\nwitness’s professional, scientific or\nother special skill or knowledge\n1 544.80 per day\n36 a witness called other than because\nof the witness’s professional,\nscientific or other special skill or\nknowledge\n162.60 per day\n37 a witness paid in the witness’s\noccupation by wages, salary or fees\nthe amount lost by attendance at court\n38 a witness qualifying to give skilled\nevidence\nthe additional amount the registrar\nconsiders reasonable and properly\nincurred and paid\n39 if the witness lives more than 50km\nfrom the court\nthe additional amount the registrar\nconsiders reasonable for the actual cost\nof travel, and for accommodation and\nmeals\n40 attendance at court by a witness\nacting as an expert in assisting\ncounsel or a solicitor for a period\nduring the trial or hearing\nthe amount the registrar considers\nappropriate (but not affecting the\nexisting practice of allowing qualifying\nfees for witnesses)\n\nitem\n41 all court fees, counsel’s fees and\nother fees and payments\nallowed to the extent that they have\nbeen properly and reasonably incurred\nand paid\n\n(see r 6250)\nPart 5.1 Jurisdiction under rules in\nrelation to applications in\nproceedings not exercisable by\nregistrar of Supreme Court\nitem\n1 282 Person with legal disability—approval of\nsettlement etc\n2 317 Third party—extent bound by judgment\nbetween plaintiff and defendant\n3 706 Urgent orders before start of proceeding\n4 707 Interim distribution\n5 708 Interim income\n6 709 Payment before finding out everyone interested\n7 716 Disposal of property other than land\n8 729 Division 2.9.4 order without notice etc\n9 730 Division 2.9.4 order without trial\n\nitem\n10 sdiv 2.9.4.2\n745 (Freezing\n11 sdiv 2.9.4.3\n755 (Search\nSearch orders\n12 766 Receiver—agreement to act as etc\n13 767 Receiver—application for order appointing\n14 772 Receiver—default\n15 782 Sale of land—order\n16 783 Sale of land—conduct of sale\n17 784 Sale of land—certificate of sale result\n18 1240 Application—div 2.12.3\n19 1241 Service of expert reports\n20 1243 Expert evidence to be covered by expert report\n21 1246 Tender of expert report\n22 1505 Trial—defendant or plaintiff not appearing\n23 1521 Separate decisions on questions—order\n\nitem\n24 1530 Assessors\n25 1531 Referee—referral of question etc to\n26 1532 Referee—appointment\n27 1533 Referee—amendment of order referring\nquestion etc\n28 1536 Referee—report\n29 1537 Referee—proceeding on report\n30 1548 Partial judgment for damages to be assessed\n31 1607 Orders—certified duplicate\n32 1617 Payment into court—amount recovered by\nperson with legal disability\n33 1855 Costs—review by court\n34 2220 Seizure and sale order—sale at best price\nobtainable\n35 2406 Charging order—application to enforce charge\n36 2407 (2) (b) Charging order—procedure against partnership\nproperty for partner’s separate order debt\n37 2443 Enforcement—undertakings\n38 2501 Contempt—applications generally\n\nitem\n39 div 2.18.17 Enforcement—arrest warrants for absconding\ndefendants\n40 2600 Interpleader—application by stakeholder\n41 2606 Interpleader—failure to give notice of claim\n42 2608 Interpleader—admission of claim\n43 2609 Interpleader—enforcement officer’s interpleader\n44 3049, if on the\nregistrar’s\nAdministration bond—addition or reduction\nafter required but before given\n45 3050, if on the\nregistrar’s\nAdministration bond—addition or reduction\nafter given\n46 3051 Administration bond—proceeding on bond\n47 3052 Administration bond—application by surety\n48 3069 (1) to (5) Caveat—setting aside\n49 3071 Caveat—leave to withdraw\n50 3081 Revocation of grant—application\n51 3092 (2) Division 3.1.9 proceeding—starting\n\nitem\n52 3114 Failure of executor to prove will—\nAdministration and Probate Act, s 25\n53 3115 Failure by executor, administrator or trustee to\ncomply with beneficiary’s request etc\n54 3116 Grant of administration—grant to child\n55 pt 3.2 Adoption\n56 pt 3.5 Cross-vesting\n57 3359 Disputed election—particulars of contested\nballot papers\n58 3362 Disputed election—substitution of plaintiff\n59 3481 Registration of judgment—application to set\naside\n60 pt 3.9 Habeas corpus\n61 3564 Judicial review—stay or dismissal of\napplication for statutory order of review on\nreturn date\n62 3566 Judicial review—power of the court to stay or\ndismiss applications in certain circumstances\n63 4020 Criminal proceedings—failure of individual to\n\nitem\n64 4021 Criminal proceedings—failure of corporation to\n65 4050 (1) (b) Criminal proceedings—production of person in\ncustody\n66 4721 Supreme Court bail application in relation to\n67 4722 Supreme Court bail application by informant\n68 4723 Supreme Court application for review of bail by\nunrepresented accused person\n69 4750 Supreme Court criminal proceedings—\napplication to set aside or stay proceeding\n70 4751 Supreme Court criminal proceedings—\napplication for separate trials\n71 4752 Supreme Court criminal proceedings—other\npre-trial applications\n72 part 5.2 Appeals from registrar\n73 5054 Appeals to Supreme Court—stay and\nreinstatement\n74 5055 Appeals to Supreme Court—security for costs\n75 div 5.3.2 Appeals to Supreme Court—leave to appeal\n\nitem\n76 div 5.3.3 Appeals to Supreme Court—leave to appeal out\nof time\n77 5101 Appeals to Supreme Court—requirements for\nnotice of appeal etc\n78 5112 Appeals to Supreme Court—cross-appeal\n79 5115 Appeals to Supreme Court—notice of\ncontention\n80 5140 Appeals to Supreme Court—absence of party\n81 5171 Appeals to Supreme Court—discontinuance of\n82 5172 Appeals to Supreme Court—competency of\n83 5173 Appeals to Supreme Court—costs for failure to\napply for appeal to be struck out as incompetent\n84 5174 (4) Appeals to Supreme Court—dismissal by\nconsent\n85 5191 Appeals to Supreme Court—want of\nprosecution of appeal\n86 5193 Further evidence on appeal to Supreme Court—\nMagistrates Court Act 1930, s 214\n87 5301 Appeals to Court of Appeal—stay and\nreinstatement\n\nitem\n88 5302 Appeals to Court of Appeal—security for costs\n89 div 5.4.2 Appeals to Court of Appeal—leave to appeal\nfrom interlocutory orders\n90 div 5.4.3 Appeals to Court of Appeal—leave to appeal\nout of time from final judgments\n91 5403 Appeals to Court of Appeal—requirements for\nnotice of appeal etc\n92 5405 Appeals to Court of Appeal—time for filing\nnotice of appeal\n93 5413 Appeals to Court of Appeal—cross-appeal\n94 5416 Appeals to Court of Appeal—notice of\ncontention\n95 5441 Appeals to Court of Appeal—absence of party\n96 5471 Appeals to Court of Appeal—discontinuance of\n97 5472 Appeals to Court of Appeal—competency of\n98 5473 Appeals to Court of Appeal—costs for failure to\napply for appeal to be struck out as incompetent\n99 5510 (2) and (3)\n(b)\nAppeals to Court of Appeal—registrar’s\ndecision on application for leave to appeal out\nof time against conviction or sentence\n\nitem\n100 5531 Appeals to Court of Appeal—grounds of appeal\nagainst conviction or sentence\n101 5532 Appeals to Court of Appeal—trial judge’s report\nfor appeal against conviction or sentence\n102 5535 (1) (b) Appeals to Court of Appeal—order for\nproduction of prisoner\n103 5536 Appeals to Court of Appeal—fine paid to be\nkept pending appeal\n104 5603 Appeals to Court of Appeal—want of\nprosecution of appeal\n105 5606 Appeals to Court of Appeal—further evidence\non appeal\n106 pt 5.5 Orders to review Magistrates Court decisions\n107 5751 Reference appeals to Supreme Court—\napplication for reference appeal\n108 5754 Reference appeals to Supreme Court—\ndiscontinuance of reference appeal\n109 5774 Reference appeals to Court of Appeal—\ndiscontinuance of reference appeal\n110 5804 Special case to Supreme Court—person with\nlegal disability\n\nitem\n111 5807 Special case to Supreme Court—insufficient\nstatement of case\n112 5833 Special case to Court of Appeal—preparation\nand settling\n113 6142 (3) (c) Rejecting documents—abuse of process etc\n114 6522 Application for leave to serve subpoena in New\n115 6524 Application for leave to serve subpoena in New\nZealand need not be served etc\n116 6762 Custody of exhibits after proceeding\n117 6816 Appointment of examiner\n118 6817 Documents for examiner\n119 6904 Mandatory order to registrar etc\n120 6906, if order or\ncertificate of\njudge\n121 pt 6.10A Trans-Tasman proceedings\n\nPart 5.2 Jurisdiction related to\nCorporations Act exercisable by\nregistrar of Supreme Court\nitem\n1 1.8 power to give directions\n2 2.13 power to grant leave to\ncreditor, contributory or officer\nto be heard in proceeding or be\nadded as a defendant, etc\n3 2.14 power to direct an inquiry in\nrelation to a corporation’s\ndebts, etc\n4 section 227 power to declare that\nconditions prescribed by\ndivision 3 of part 2E.1 have\nbeen satisfied\n5 sections 247A and\n247B\npower to order inspection of\nbooks and to authorise use and\ncopying of information\n6 section 252E power to order meeting of\nmembers of registered scheme\n7 section 266 (4) power to extend period for\nlodgment of notice in relation\nto charge\n\nitem\n8 section 267 (3) power to give leave to enforce\ncharge\n9 section 274 power to rectify register of\ncharges\n10 section 283AE\n(2) (a)\npower to appoint body\ncorporate as trustee for\ndebenture holders\n11 section 283EC power to make an order for\nmeeting of debenture holders\nto direct trustee\n12 section 283HA power to give directions or\ndetermine any questions of\napplication of trustee for\ndebenture holders\n13 section 283HB (1) power to make an order in\nrelation to borrowing\ncorporations\n14 section 283HB\n(1) (c)\npower to order security for\ndebentures to be enforceable\n15 section 411 3.3\n3.4\n3.5\nto administration of\ncompromise or arrangement\netc\n\nitem\n16 section 418A power to make declaration\nabout validity of controller’s\nappointment and in relation to\ncontrol of property\n17 section 419 power to make order relieving\nperson who incurs liability in\nbelief that properly appointed\nas a receiver\n18 section 419A power to relieve controller\nfrom liability\n19 section 420B power to authorise managing\ncontroller to dispose of\nproperty despite prior charge\n20 section 420C power to authorise receiver to\ncarry on corporation’s business\nduring the winding-up\n21 section 423 4.1 power to inquire into conduct\nof controller\n22 section 424 power to give directions in\nrelation to controller’s\nfunctions and powers\n23 section 425 9.1 power to fix amount of\nremuneration of a receiver\n24 section 429 (3) power to extend time for report\n\nitem\n25 section 434B power to remove redundant\ncontroller\n26 section 438D power to direct administrator to\ngive a report\n27 section 439A (6) power to extend the convening\nperiod fixed by\nsubsection 439A (5)\n28 section 440B power to grant leave to enforce\na charge if an administrator has\nbeen appointed\n29 section 440C power to grant leave to take\npossession of property\n30 section 440D power to grant leave to begin\nor proceed with a proceeding\nin a court against a company\nthat is in administration, or in\nrelation to any of its property\n31 section 440F power to grant leave to begin\nor proceed with enforcement\nprocess in relation to the\nproperty of a company\n32 section 440G (7) power to authorise a court\nofficer to take action or to\nmake a payment that would be\nprohibited\n\nitem\n33 section 440J power to grant leave to take\nenforcement action under a\nguarantee\n34 section 441D power to limit powers of\nchargee in relation to charged\n35 section 441H power to limit powers of\nreceiver etc in relation to\nproperty used by company\n36 section 442C power to grant leave to\nadministrator to dispose of\nencumbered property\n37 section 443B (8) power to grant relief of\nadministrator from personal\nliability for rent\n38 section 444B (2) power to extend time for\nexecution of deed of company\n39 section 444C (2) power to grant leave to act\ninconsistently with deed of\ncompany arrangement\n\nitem\n40 section 444E (3) power to grant leave to person\nbound by deed of company\narrangement to begin or\nproceed with enforcement\nprocess in relation to property\nof company\n41 section 444F power to order secured creditor\nor owner or lessor of property\nnot to take certain actions\n42 section 445B power to make an order\ncancelling a variation of a deed\n43 section 445D power to make order\nterminating a deed of company\n44 section 445G power to avoid or validate deed\n45 section 447A power to make order to bring\nadministration to an end\n46 section 447B power to make order to protect\ninterests of company’s\ncreditors during an\nadministration\n\nitem\n47 section 447C power to declare whether\nadministrator is validly\nappointed\n48 section 447D power to give directions to\nadministrator\n49 section 447E power to make order about\nsupervision of administrator of\ncompany or deed of company\n50 section 449B power to make order about\nremoval and appointment of\nadministrator\n51 sections 449C and\n449D\nto vacancy in office of\nadministrator of company or in\noffice of administrator of deed\n52 section 449E (1) (c)\nand (1A) (c)\n9.2 power to determine\nadministrator’s remuneration\n53 section 449E (2) 9.2A power to review\nadministrator’s remuneration\n54 sections 459F,\n459H, 459J, 459L,\n459M and 459N\nto statutory demands\n\nitem\n55 sections 459A,\n459B (except in\nrelation to\napplications under\npart 2F.1), 459C,\n459D, 459P, 459R,\n459S, 459T, 461,\n462, 464, 465B,\n465C, 466, 467,\n467A and 467B\n(except in relation\nto applications\nunder part 2F.1)\npt 6.5 power to make orders in\nrelation to winding-up\n56 section 468 power in relation to validation\nof disposition of property\n57 section 468A power in relation to\nauthorisation of transfer of\nshares\n58 section 470 (2) (b) power to direct service of copy\nof order on another person\n59 section 471B power to give leave to begin or\nproceed with proceeding or\nenforcement process\n60 section 472 5.5\n6.1\npower to appoint official\nliquidator (provisionally or\notherwise)\n\nitem\n61 section 473 (1) 7.1 power to remove liquidator\n62 section 473 (2) 9.3 power to determine provisional\nliquidator’s remuneration\n63 sections 473 (3) 9.4 power to determine liquidator’s\nremuneration\n64 sections 473 (5) and\n(6)\n9.4A power to review liquidator’s\nremuneration\n65 section 473 (7) 7.2 power to fill vacancy in office\nof official liquidator\n66 section 473 (8) power to declare what may be\ndone by liquidator, if more\nthan 1 liquidator is appointed\nby the court\n67 section 474 (2) power to order that property\nvest in liquidator\n68 section 475 (8) 7.3 power to grant leave for\npayment of costs and expenses\nincurred in preparing report\nunder section 475\n69 section 479 power to give directions in\nmatters arising in winding-up\n70 section 480 7.5 power to release liquidator and\nderegister company\n\nitem\n71 section 481 7.7 power to order preparation of\nreport on accounts of liquidator\n72 section 482 power to make an order—\n(a) to stay the winding up of a\ncompany either\nindefinitely or for a\nlimited time; or\n(b) to terminate the winding\nup of a company on a day\nspecified in the order\n73 section 483 (1) power to require payment of\nmoney or transfer of property\n74 section 483 (2) power to order payment of\nmoney\n75 section 483 (3) 7.8 power to order payment of a\ncall\n76 section 483 (4) power to order payment of\namount due into a bank named\nin the order\n77 section 484 8.1\n8.2\n8.3\npower to appoint special\nmanager\n78 section 486 power to make order for\ninspection of books by\ncreditors or contributories\n\nitem\n79 section 488 (2) 7.9 power to grant leave to\ndistribute a surplus\n80 section 490 power to grant leave to\ncompany to wind up\nvoluntarily\n81 section 495 (4) power to make order in relation\nto conduct of meeting in course\nof members’ voluntary\nwinding-up\n82 section 496 (3) power to order that list of\ncreditors be sent to creditors in\nmembers’ voluntary winding-\nup\n83 section 497 (3) power to order that list of\ncreditors be sent to creditors in\ncreditors’ voluntary winding-\nup\n84 section 500 power to make order about\nexecution and civil\n85 section 502 7.2 power to appoint liquidator\n86 section 503 power to remove liquidator\n\nitem\n87 section 504 9.4A power to review liquidator’s\nremuneration in voluntary\nwinding-up\n88 section 507 (6) power to sanction resolution to\naccept shares as consideration\nfor sale of property of\ncompany\n89 section 507 (9) power to give directions\nnecessary for arbitration\n90 section 507 (10) power to approve liquidator’s\nexercise of powers in creditors’\nvoluntary winding-up\n91 section 509 (6) power to order ASIC to\nderegister company on\nspecified day\n92 section 510 (3) power to settle dispute about\nvalue of security or lien or\namount of debt or set-off\n93 section 511 (1) (a) power to decide question in\nwinding-up of company\n94 section 511 (1) (b) power to make order in relation\nto an application to the court to\nexercise powers which might\nbe exercised if a company were\nbeing wound up by the court\n\nitem\n95 section 532 (2) power to grant leave for person\nto be appointed as liquidator\n96 section 536 7.11\n11.2\n11.8\nto supervision of liquidators\n97 section 542 (3) (a) power to give directions in\nrelation to destruction of books\nof company\n98 section 543 (1) power to make order about the\ninvestment of surplus funds\n99 section 544 (2) power to order account of\nfunds in hands of liquidator,\naudit or payment of money by\nliquidator\n100 section 545 power to direct liquidator to\nincur particular expense\n101 section 551 power to give leave for\nmember of committee of\ninspection to accept extra\nbenefit etc\n102 section 552 power to give direction or\npermission if no committee of\ninspection is appointed\n\nitem\n103 section 554A 14.1 power to estimate or determine\nvalue of debts and claims of\nuncertain value in liquidation\n104 section 554G power to grant leave to secured\ncreditor to amend valuation of\nsecurity in proof of debt\n105 section 564 power to make order in favour\nof creditors who give company\nindemnity for costs of litigation\n106 sections 568, 568B,\n568E and 568F\n10.2 power to make order in relation\nto disclaimer of onerous\n107 sections 583 and\n10.3 power in relation to winding up\nPart 5.7 bodies\n108 sections 596A,\n596B, 596F, 597,\n597A and 597B\n11.3\n11.6\n11.7\n11.9\nto examinations\n109 sections 600A to\n600D\nto creditor’s resolutions\n110 section 601AH (2) power to order reinstatement of\nregistration of company\n\nitem\n111 section 601AH (3) power to—\n(a) validate anything done\nbetween deregistration of\na company and its\nreinstatement; and\n(b) make any other order the\ncourt considers\n112 section 601BJ (2) power to approve modification\nin constituent documents of\nregistered company\n113 section 601CC (9) power to order restoration of\nname of registered Australian\nbody to the Register\n114 section 601CL (10) power to order restoration of\nname of registered foreign\ncompany to the Register\n115 section 1071D (4) 12.2 power to make order in relation\nto a person summoned\n116 section 1071F power to make an order in\nrelation to a company’s refusal\nto register a share transfer\n117 section 1071H (6) power to make an order to\nremedy default in issuing\ncertificate etc\n\nitem\n118 section 1274 power to make order if failure\nto give, amend etc document\n119 section 1303 power to order that books be\navailable for inspection\n120 section 1319 power to give directions in\nrelation to meetings\n121 section 1321 14.1 power to make order in appeal\nfrom decision of administrator,\nreceiver or liquidator\n122 section 1322 power to make order in relation\nto irregularities\n123 section 1325D power to make order where\ncontravention of a provision of\nchapter 6 due to inadvertence\n124 section 1335 power to make order about\ncosts\n\nJurisdiction related to ASIC Act exercisable by registrar of Supreme Court Part 5.3\nPart 5.3 Jurisdiction related to ASIC Act\nexercisable by registrar of\nitem\nprovision of the\nASIC Act\nrule\ndescription (for information only)\n1 section 79 (4) power to extend period to give\nnotice of intention to have\nstatements made at examination\nadmitted\n\nPart 5.4 Jurisdiction under rules in\nrelation to applications in\nproceedings not exercisable by\nregistrar of Magistrates Court\n(see r 6251)\nitem\n1 282 Person with legal disability—approval of\nsettlement etc\n2 317 Third party—extent bound by judgment\nbetween plaintiff and defendant\n3 716 Disposal of property other than land\n4 729 Division 2.9.4 order without notice etc\n5 730 Division 2.9.4 order without trial\n6 sdiv 2.9.4.2\n745 (Freezing\n7 sdiv 2.9.4.3\n755 (Search\nSearch orders\n8 1240 Application—div 2.12.3\n9 1241 Service of expert reports\n\nPart 5.4\nitem\n10 1243 Expert evidence to be covered by expert report\n11 1246 Tender of expert report\n12 1505 Trial—defendant or plaintiff not appearing\n13 1521 Separate decisions on questions—order\n14 1530 Assessors\n15 1531 Referee—referral of question etc to\n16 1532 Referee—appointment\n17 1533 Referee—amendment of order referring\nquestion etc\n18 1536 Referee—report\n19 1537 Referee—proceeding on report\n20 1548 Partial judgment for damages to be assessed\n21 1607 Orders—certified duplicate\n22 1617 Payment into court—amount recovered by\nperson with legal disability\n23 1855 Costs—review by court\n24 2220 Seizure and sale order—sale at best price\nobtainable\n\nitem\n25 2443 Enforcement—undertakings\n26 2501 Contempt—applications generally\n27 2600 Interpleader—application by stakeholder\n28 2606 Interpleader—failure to give notice of claim\n29 2608 Interpleader—admission of claim\n30 2609 Interpleader—enforcement officer’s\ninterpleader application\n31 3918 (4) Application for arbitration—discontinuance\n32 3924 Arbitration—party may be represented\n33 3928 (4) Arbitration—service of medical reports\n34 3930 Arbitration—doctor’s evidence to be covered\nby medical report\n35 3933 (2) Arbitration—tender of medical report\n36 3934 Arbitration—party may apply for medical\nreferee etc\n37 3937 Arbitration—assessment of worker by medical\nreferee\n38 3952 (4) Conduct of arbitration—directions and orders\nif remedy against employer and stranger\n\nPart 5.4\nitem\n39 3960 (2) Arbitration—payment on worker’s acceptance\n40 3961 (3) Arbitration—payment on dependant’s etc\nacceptance\n41 3962 (3) Arbitration—no prompt acceptance of\nsubmission or payment\n42 3965 (1) Arbitration—setting aside or amending award\n43 3967 (1) Registered agreement—application for\namendment or cancellation\n44 4020 Criminal proceedings—failure of individual to\n45 4021 Criminal proceedings—failure of corporation\nto comply with subpoena etc\n46 4050 (1) (b) Criminal proceedings—production of person in\ncustody\n47 part 5.2 Appeals from registrar\n48 6142 (3) (c) Rejecting documents—abuse of process etc\n49 6613 Documents and things in custody of court\n50 6762 Custody of exhibits after proceeding\n51 6816 Appointment of examiner\n52 6817 Documents for examiner\n\nitem\n53 6904 Mandatory order to registrar etc\n54 6906, if order or\ncertificate of\nmagistrate\n55 pt 6.10A Trans-Tasman proceedings\n\nRule 1.1\n(see r 3270)\n1.1 Name of rules\nThe rules in this schedule are the Corporations Rules.\n1.2\nNote These rules do not include a r 1.2.\nrules are consistent with the uniform corporations rules.\n1.3 Application of sch 6 and provisions of these rules\n(1) Unless the Supreme Court otherwise orders—\n(a) this schedule applies to a proceeding in the court under the\nCorporations Act, or the ASIC Act, that is started on or after\n","sortOrder":1578},{"sectionNumber":"12","sectionType":"section","heading":"November 2003; and","content":"12 November 2003; and\n(b) part 6.15A applies to a proceeding in the court under the Cross-\nBorder Insolvency Act.\n(2) The other provisions of these rules apply, as far as they are relevant\nand not inconsistent with this schedule—\n(a) to a proceeding in the Supreme Court under the Corporations\nAct, or the ASIC Act, that is started on or after\n12 November 2003; and\n(b) to a proceeding in the court under the Cross-Border Insolvency\nAct that is started on or after the commencement of part 6.15A.\n\nRule 1.4\n(3) Unless the Supreme Court otherwise orders, the rules applying to a\nproceeding in the court under the Corporations Act, or the ASIC Act,\nthat were in force immediately before 12 November 2003, continue\nto apply to a proceeding under the Corporations Act, or the ASIC Act,\nthat was started before that date.\nNote Because of the definition of this Act in the Corporations Act, s 9, a\nreference to the Corporations Act includes a reference to the Corporations\nRegulations.\n1.4 Terms used in Corporations Act\nA term used in the Corporations Act has the same meaning in this\nschedule.\nNote Terms used in this schedule (including the notes to those rules) that are\ndefined in the Corporations Act include the following:\n• ABN (short for ‘Australian Business Number’) (see s 9)\n• ACN (short for ‘Australian Company Number’) (see s 9)\n• ARBN (short for ‘Australian Registered Body Number’) (see s 9)\n• ASIC (see s 9)\n• body (see s 9)\n• body corporate (see s 9)\n• books (see s 9)\n• company (see s 9)\n• corporation (see s 57A)\n• daily newspaper (see s 9)\n• foreign company (see s 9)\n• official liquidator (see s 9)\n• Part 5.1 body (see s 9)\n• Part 5.7 body (see s 9)\n• register (see s 9)\n• registered liquidator (see s 9)\n• registered office (see s 9)\n• statutory demand (see s 9).\n\nRule 1.5\n1.5 Definitions—sch 6\nIn this schedule:\napplicant means a person claiming interlocutory relief in a\nASIC Act means the Australian Securities and Investments\nCommission Act 2001 (Cwlth).\nCorporations Regulations means the Corporations Regulations 2001\nCross-Border Insolvency Act means the Cross-Border Insolvency\nAct 2008 (Cwlth) including, unless the contrary intention appears, the\nModel Law.\ndefendant means a person against whom relief (except interlocutory\nrelief) is claimed under the Corporations Act, the ASIC Act or the\nCross-Border Insolvency Act, whether in the originating process or\nnot.\ninterlocutory process means an interlocutory process in a proceeding.\nModel Law means the Model Law on Cross-Border Insolvency of the\nUnited Nations Commission on International Trade Law, the English\ntext of which is set out in the Cross-Border Insolvency Act,\nschedule 1, with the modifications set out in that Act, part 2.\noriginating process means an originating process in a proceeding.\nplaintiff means a person claiming relief (except interlocutory relief)\nunder the Corporations Act, the ASIC Act or the Cross-Border\nInsolvency Act, whether in the originating process or not.\nrespondent means a person against whom interlocutory relief is\nclaimed in a proceeding.\n\nRule 1.6\n1.6 References to rules\nA reference in this schedule to a rule is a reference to a rule in this\nschedule.\n1.7 Substantial compliance with forms\n(1) It is sufficient compliance with this schedule in relation to a document\nthat is required to be in accordance with an approved form if the\ndocument is substantially in accordance with the form or has only\nsuch variations as the nature of the case requires.\n(2) Without limiting subrule (1), the registrar must not reject a document\nfor filing only because a term used to describe a party in the document\ndiffers from the term used in this schedule.\n1.8 Court’s power to give directions\nThe court may give directions in relation to the practice and procedure\nto be followed in a proceeding if satisfied, in the circumstances of the\nproceeding, that—\n(a) the provisions of the Corporations Act, the ASIC Act, or the\nrules of the court do not adequately provide for the practice and\nprocedure to be followed in the proceeding; or\n(b) a difficulty arises, or doubt exists, in relation to the practice and\nprocedure to be followed in the proceeding.\n1.9 Calculation of time\n(1) If, for any purpose, this schedule—\n(a) prohibits, permits or requires anything to be done within, by, or\nbefore the end of; or\n(b) otherwise prescribes, allows or provides for;\na period of time before or after a particular day, act or event, the\nperiod is to be calculated without counting that day, or the day of the\nact or event.\n\nRule 1.10\n(2) Without limiting subrule (1), in calculating how many days a\nparticular day, act or event is before or after another day, act or event,\nonly the first day, or the day of the first act or event, is to be counted.\n(3) If the last day of a period prescribed or allowed by these rules for\nanything to be done falls on a day that is not a business day where it\nis to be or may be done, it is to be or may be done on the first business\nday at the place after that day.\n(4) In calculating a period of time for these rules, the period beginning\non 25 December in a year and ending at the end of 1 January in the\nnext year is not to be counted.\n1.10 Extending and shortening of time\nUnless the Corporations Act, the ASIC Act or this schedule otherwise\nprovides, the rules of the court that provide for the extending or\nshortening of a period of time fixed for doing anything in relation to\na proceeding apply to a proceeding to which this schedule applies.\n\n2.1 Title of documents in a proceeding\nA document for use in a proceeding, and for which there is an\napproved form, must be headed in the way set out in the form.\n2.2 Originating process and interlocutory process\n(1) Unless this schedule otherwise provides, a person must make an\napplication required or permitted by the Corporations Act to be made\nto the court—\n(a) if the application is not made in a proceeding already started in\nthe court—by filing an originating process; and\n(b) in any other case, and whether interlocutory relief or final relief\nis claimed—by filing an interlocutory process.\n• approved form 2 (Originating process) AF2008-143\n• approved form 3 (Interlocutory process) AF2008-144.\n(2) Unless the court otherwise directs, a person may make an application\nto the court in relation to a proceeding in relation to which final relief\nhas been granted by filing an interlocutory process in the proceeding.\n(3) An originating process must state—\n(a) each section of the Corporations Act or the ASIC Act, or each\nregulation of the Corporations Regulations, under which the\nproceeding is brought; and\n(b) the relief sought.\n\nRule 2.3\n(4) An interlocutory process must state—\n(a) if appropriate, each section of the Corporations Act or the ASIC\nAct, or each regulation of the Corporations Regulations, or each\nrule of court under which the application is made; and\n(b) the relief sought.\n2.3 Setting of hearing\nOn receiving an originating process or interlocutory process, the\nregistrar—\n(a) must set a time, date and place for hearing and endorse those\ndetails on the originating process or interlocutory process; and\n(b) may seal a sufficient number of copies for service and proof of\n2.4 Supporting affidavits\n(1) Unless the court otherwise directs, an originating or interlocutory\nprocess must be supported by an affidavit stating the facts in support\nof the process.\n(2) An affidavit in support of an originating process must annex a record\nof a search of the records maintained by ASIC, in relation to the\ncompany that is the subject of the application to which the originating\nprocess relates, carried out no earlier than 7 days before the\noriginating process is filed.\n(3) This rule does not apply to an application by a company under the\nCorporations Act, section 459G for an order setting aside a statutory\ndemand served on the company.\n\nRule 2.4A\n2.4A Application for order setting aside statutory demand\n(Corporations Act, s 459G)\n(1) This rule applies to an application by a company under the\nCorporations Act, section 459G for an order setting aside a statutory\ndemand served on the company.\n(2) The plaintiff may file a copy of the statutory demand, and a copy of\nany affidavit that accompanied the statutory demand, with the\noriginating process seeking the order.\n(3) The plaintiff must—\n(a) carry out a search of the records maintained by ASIC in relation\nto the plaintiff not earlier than 7 days before the originating\nprocess is filed, and not later than the day before the hearing of\n(i) annex the record of the search to the affidavit in support of\nthe originating process; or\n(ii) file the record of the search before, or tender it on, the\nhearing of the application.\n2.5 Affidavits made by creditors\nSubject to rule 5.4 (Affidavit in support of application for\nwinding-up), an affidavit that is to be made by a creditor may be\n(a) if the creditor is a corporation—by a director, secretary, or other\nprincipal officer of the corporation, or by a person employed by\nthe corporation who is authorised to make the affidavit on its\nbehalf; or\n(b) if the creditor is a company to which a liquidator, provisional\nliquidator, receiver, administrator or controller has been\nappointed—by that person; or\n\nRule 2.6\n(c) in any other case—by the creditor or a person authorised by the\ncreditor to make the affidavit on behalf of the creditor.\n2.6 Form of affidavits\nAn affidavit must be in a form that complies with—\n(a) the rules of the court; or\n(b) the rules of the Supreme Court of the State or Territory (if any)\nwhere the affidavit was sworn or affirmed.\n2.7 Service of originating process or interlocutory process\nand supporting affidavit\n(1) As soon as practicable after filing an originating process and, in any\ncase, at least 5 days before the date set for hearing, the plaintiff must\nserve a copy of the originating process and any supporting affidavit\non—\n(a) each defendant (if any) to the proceeding; and\n(b) if the corporation to which the proceeding relates is not a party\nto the proceeding—the corporation.\n(2) As soon as practicable after filing an interlocutory process and, in any\ncase, at least 3 days before the date set for hearing, the applicant must\nserve a copy of the interlocutory process and any supporting affidavit\non—\n(a) each respondent (if any) to the application in the interlocutory\n(b) if the corporation to which the application in the interlocutory\nprocess relates is not a party to the application in the\ninterlocutory process—the corporation.\n\nRule 2.8\n2.8 Notice of certain applications to be given to ASIC\n(1) This rule has effect in addition to the requirements of the\nCorporations Act that, in relation to a proceeding, particular\ndocuments are to be served on ASIC or notice of particular matters is\nto be given to ASIC.\n(2) This rule does not apply to a person making an application if the\nperson is ASIC or a person authorised by ASIC.\n(3) Unless the court otherwise orders, if a person makes an application\nunder a provision of the Corporations Act mentioned in table 2.8,\ncolumn 2, the person must serve on ASIC, a reasonable time before\nthe hearing of the application, a copy of the originating or\ninterlocutory process and supporting affidavit in relation to the\nTable 2.8 Applications of which notice must be given to ASIC\nitem\nprovision\ndescription of application\n1 section 480 for the release of a liquidator of a company\nand the deregistration of the company\n2 section 482 (1) for the stay or termination of a winding-up\n3 section 509 (6) for the deregistration of a company\n4 section 536 (1) for an inquiry into the conduct of a\nliquidator\n5 section 601AH (2) to reinstate the registration of a company\n6 section 601CC (8) to restore the name of an Australian body to\nthe register\n\nRule 2.9\nitem\nprovision\ndescription of application\n7 section 601CL (9) to restore the name of a foreign company to\nthe register\n8 chapter 6, 6A, 6B,\n6C, 6D or 7\nany application under these chapters\n9 section 1317S (2)\nand (4)\nfor relief from liability for contravention of\na civil penalty provision\n2.9 Notice of appearance (Corporations Act, s 465C)\n(1) A person who intends to appear before the court at the hearing of an\napplication must, before appearing—\n(a) file the following:\n(i) a notice of appearance;\nNote See approved form 4 (Notice of Appearance) AF2007-134.\n(ii) if appropriate, an affidavit stating any facts on which the\nperson intends to rely; and\n(b) serve on the plaintiff a copy of the notice of appearance and any\naffidavit not later than—\n(i) if the person is named in an originating process—3 days\nbefore the date set for hearing; or\n(ii) if the person is named in an interlocutory process—1 day\nbefore the date set for hearing.\n(2) If the person intends to appear before the court to oppose an\napplication for winding up, the person may include in the notice of\nappearance the notice of the grounds on which the person opposes the\napplication required by the Corporations Act, section 465C.\n\nRule 2.10\n(3) The period prescribed for filing and serving the notice and affidavit\nrequired by the Corporations Act, section 465C is the period\nmentioned in subrule (1) (b) (i).\nNote Under the Corporations Act, s 465C, a person may not, without the leave\nof the court, oppose an application for winding-up unless, within the\nperiod prescribed by these rules (see r (3)), the person has filed, and\nserved on the plaintiff, notice of the grounds on which the person opposes\nthe application and an affidavit verifying the matters stated in the notice.\n2.10 Intervention in proceeding by ASIC (Corporations Act,\ns 1330)\n(1) If ASIC intends to intervene in a proceeding, ASIC must file a notice\nof intervention.\nNote See approved form 5 (Notice of intervention by ASIC) AF2008-66.\n(2) Not later than 3 days before the date set for the hearing at which ASIC\nintends to appear in the proceeding, ASIC must serve a copy of the\nnotice, and any affidavit on which it intends to rely, on the plaintiff\nand on any other party to the proceeding.\n2.12 Proof of publication\n(1) This rule applies in relation to any matter published in relation to a\n(2) Unless this schedule otherwise provides, or the court otherwise\norders, the person responsible for the publication of the matter, or the\nperson’s legal practitioner, must file—\n(a) an affidavit made by the person, or the person’s legal\npractitioner, that states the date of publication and to which is\nannexed or exhibited a copy of the published matter; or\n(b) a memorandum signed by the person, or the person’s legal\npractitioner, that states the date of publication and refers to and\nannexes a copy of the published matter.\n\nRule 2.13\n(3) The affidavit or memorandum is prima facie evidence that the\npublication took place on the date and otherwise as stated in the\naffidavit or memorandum.\n2.13 Leave to creditor, contributory or officer to be heard\n(1) The court may grant leave to any person who is, or claims to be—\n(a) a creditor, contributory or officer of a corporation; or\n(b) an officer of a creditor, or contributory, of a corporation; or\n(c) any other interested person;\nto be heard in a proceeding without becoming a party to the\n(2) If the court considers that the attendance of a person to whom leave\nhas been granted under subrule (1) has resulted in additional costs for\nany party, or the corporation, and that the costs should be borne by\nthe person to whom leave was granted, the court may—\n(a) direct that the person pay the costs; and\n(b) order that the person not be heard further in the proceeding until\nthe costs are paid or secured to the court’s satisfaction.\n(3) The court may order that a person who is, or claims to be, a creditor,\ncontributory or officer of a corporation be added as a defendant to the\n(4) The court may grant leave to a person under subrule (1), or order that\na person be added as a defendant to a proceeding under subrule (3)—\n(a) on application by the person or a party to the proceeding; or\n(b) on the court’s own initiative.\n\nRule 2.14\n(5) The court may—\n(a) appoint a creditor or contributory to represent all or any class of\nthe creditors or contributories on any question, or in relation to\nany proceeding, before the court, at the expense of the\ncorporation; and\n(b) remove any person so appointed.\n2.14 Inquiry in relation to corporation’s debts etc\nThe court may direct an inquiry in relation to the debts, claims or\nliabilities, or a class of debts, claims or liabilities, of or affecting a\ncorporation to which a proceeding relates.\n2.15 Meetings ordered by the court\nSubject to the Corporations Act, this schedule and any direction of\nthe court to the contrary, the Corporations Regulations,\nregulations 5.6.11 to 5.6.36A apply to meetings ordered by the court.\n\nCompromises and arrangements in relation to Part 5.1 bodies Part 6.3\nRule 3.1\nPart 6.3 Compromises and arrangements\nin relation to Part 5.1 bodies\n3.1 Application—pt 1.3\nThis part applies if an application is made to the court for approval of\na compromise or arrangement between a Part 5.1 body and its\ncreditors or members, or any class of its creditors or members.\n3.2 Nomination of chairperson for meeting\nBefore the hearing of an application under the Corporations Act,\nsection 411 (1), (1A) or (1B), the plaintiff must file an affidavit\n(a) the names of the people who have been nominated to be the\nchairperson and alternate chairperson of the meeting; and\n(b) that each person nominated—\n(i) is willing to act as chairperson; and\n(ii) has had no previous relationship or dealing with the body,\nor any other person interested in the proposed compromise\nor arrangement, except as disclosed in the affidavit; and\n(iii) has no interest or obligation that may give rise to a conflict\nof interest or duty if the person were to act as chairperson\nof the meeting, except as disclosed in the affidavit; and\n(c) the name of the person (if any) proposed to be appointed to\nadminister the proposed compromise or arrangement; and\n(d) that the person does not fall within the Corporations Act,\nsection 411 (7) (a) to (f), except as disclosed in the affidavit.\n\nPart 6.3 Compromises and arrangements in relation to Part 5.1 bodies\nRule 3.3\n3.3 Order for meetings to identify proposed scheme\n(1) An order under the Corporations Act, section 411 (1) or (1A) ordering\na meeting or meetings in relation to a proposed compromise or\narrangement must set out in a schedule, or otherwise identify, a copy\nof the proposed compromise or arrangement.\n(2) Unless the court otherwise orders, a meeting of members ordered\nunder the Corporations Act, section 411 must be convened, held and\nconducted in accordance with—\n(a) the provisions of the Corporations Act, part 2G.2 that apply to\nthe members of a company; and\n(b) the provisions of the plaintiff’s constitution that apply in relation\nto meetings of members and are not inconsistent with the\nCorporations Act, part 2G.2.\n(3) Unless the court otherwise orders, a meeting of a class of holders of\nconvertible securities ordered under the Corporations Act,\nsection 411 must be convened, held and conducted as if—\n(a) the holders were a separate class of members; and\n(b) the meeting were a meeting of members convened, held and\nconducted under subrule (2).\n(4) However, subrule (3) only applies to a meeting of a class of holders\nof convertible securities to the extent that the subrule is not\ninconsistent with the applicable provisions of the instrument under\nwhich the securities were issued.\n3.4 Notice of hearing (Corporations Act, s 411 (4) and\ns 413 (1))\n(a) an application, under the Corporations Act, section 411 (4), for\nan order approving a proposed compromise or arrangement in\nrelation to a Part 5.1 body; and\n\nCompromises and arrangements in relation to Part 5.1 bodies Part 6.3\nRule 3.5\n(b) an application, under the Corporations Act, section 413 (1), for\nan order in relation to the reconstruction of a Part 5.1 body, or\nPart 5.1 bodies, or the amalgamation of 2 or more Part 5.1\nbodies.\n(2) Unless the court otherwise orders, the plaintiff must publish a notice\nof the hearing of the application—\n(a) for an application in relation to 1 Part 5.1 body—in a daily\nnewspaper circulating generally in the State or Territory where\nthe Part 5.1 body has its principal, or last known, place of\nbusiness; or\n(b) for an application in relation to 2 or more Part 5.1 bodies—in a\ndaily newspaper circulating generally in each State or Territory\nwhere any of the Part 5.1 bodies has its principal, or last known,\nNote See approved form 6 (Notice of hearing to approve compromise or\narrangement) AF2006-431.\n(3) The notice must be published at least 5 days before the date set for\nthe hearing of the application.\n3.5 Copy of order approving compromise or arrangement to\nbe lodged with ASIC\nIf the court makes an order under the Corporations Act,\nsection 411 (1), (1A) or (4) or section 413 (1), the plaintiff must, as\nsoon as practicable after the order is made—\n(a) have the order sealed; and\n(b) lodge an office copy of the order with ASIC; and\n(c) serve an office copy of the order on anyone appointed to\nadminister the compromise or arrangement.\n\nPart 6.4 Receivers and other controllers of corporation property (Corporations Act,\npt 5.2)\nRule 4.1\nPart 6.4 Receivers and other controllers\nof corporation property\n(Corporations Act, pt 5.2)\n4.1 Inquiry into conduct of controller (Corporations Act,\ns 423)\nA complaint to the court under the Corporations Act,\nsection 423 (1) (b) about an act or omission of a receiver, or a\ncontroller appointed by the court, must be made by an originating\nprocess seeking an inquiry in relation to the complaint.\n\nRule 5.1\nPart 6.5 Winding-up proceedings\n(including oppression\nproceedings where winding-up is\nsought)\n5.1 Application—pt 6.5\nThis part applies to the following applications for the winding-up of\na company:\n(a) an application for an order under the Corporations Act,\npart 2F.1;\n(b) an application under the Corporations Act, part 5.4 or part 5.4A.\n5.2 Affidavit accompanying statutory demand (Corporations\nAct, s 459E (3))\nFor the Corporations Act, section 459E (3), the affidavit\naccompanying a statutory demand relating to a debt, or debts, owed\nby a company must—\n(a) be made by the creditor or by a person with the authority of the\ncreditor or creditors; and\n(b) not state a proceeding number, or refer to a court proceeding, in\nany heading or title to the affidavit.\nNote See approved form 7 (Affidavit accompanying statutory demand)\nAF2006-432.\n5.3 Application for leave to apply for winding-up in\ninsolvency (Corporations Act, s 459P (2))\nAn application for leave to apply to the court for an order that a\ncompany be wound up in insolvency may be made at the same time\nas the application for an order that the company be wound up in\ninsolvency is made.\n\nPart 6.5 Winding-up proceedings (including oppression proceedings where winding-\nRule 5.4\n5.4 Affidavit in support of application for winding-up\n(Corporations Act, s 459P, s 462, s 464)\n(1) The affidavit in support of an originating process seeking an order\nthat a company be wound up must be made by the plaintiff or by a\nperson with the authority of the plaintiff or plaintiffs.\n(2) If the application is made in reliance on a failure by the company to\ncomply with a statutory demand, the affidavit must—\n(a) verify service of the demand on the company; and\n(b) verify the failure of the company to comply with the demand;\nand\n(c) state whether and, if so, to what extent the debt, or each of the\ndebts, to which the demand relates is still due and payable by the\ncompany at the date when the affidavit is made.\n(3) If the application is made in reliance on the ground mentioned in the\nCorporations Act, section 461 (1) (a), the affidavit must—\n(a) state whether the company is able to pay all its debts as and when\nthey become due and payable; and\n(b) refer to the company’s most recent balance sheet and profit and\nloss statement as an annexure or exhibit to the affidavit, or\nexplain their absence.\n(4) The affidavit must be made within 7 days before the originating\nprocess is filed.\n5.5 Consent of liquidator (Corporations Act, s 532 (9))\n(1) For the Corporations Act, section 532 (9), an official liquidator must\nconsent to act as liquidator of a company.\nNote See approved form 8 (Consent of liquidator/provisional liquidator)\nAF2008-67.\n\nRule 5.6\n(2) In an application for an order that a company be wound up, the\nplaintiff must—\n(a) before the hearing of the application, file the consent mentioned\nin subrule (1) of an official liquidator who would be entitled to\nbe appointed as liquidator of the company; and\n(b) serve a copy of the consent on the company at least 1 day before\nthe hearing.\nliquidator does not include a provisional liquidator.\n5.6 Notice of application for winding-up\n(1) Unless the court otherwise orders, the plaintiff must publish a notice\nof the application for an order that a company be wound up.\nNote See approved form 9 (Notice of application for winding-up order)\nAF2012-199.\n(2) The notice must be published—\n(a) at least 3 days after the originating process is served on the\ncompany; and\n(b) at least 7 days before the date set for hearing of the application.\n(3) If the notice is of an application for an order under the\nCorporations Act, part 2F.1, the notice must be published in a daily\nnewspaper circulating generally in the State or Territory where the\ncompany has its principal, or last known, place of business.\nNote A notice of an application for an order under the Corporations Act, pt 5.4\nor pt 5.4A must be published in the prescribed manner—see the\nCorporations Act, s 465A and s 1367A.\n\nPart 6.5 Winding-up proceedings (including oppression proceedings where winding-\nRule 5.7\n5.7 Applicant to make copies of documents available\nA copy of any document filed in a proceeding to which this part\napplies must be available at the plaintiff’s address for service for\ninspection by a creditor, contributory or officer of the company, or an\nofficer of a creditor or contributory of the company.\n5.8 Discontinuance of application for winding-up\nAn application for an order that a company be wound up may not be\ndiscontinued except with the leave of the court.\n5.9 Appearance before registrar\nAfter filing an originating process seeking an order that a company\nbe wound up, the plaintiff must, if required—\n(a) appear before the registrar on a date to be appointed by the\nregistrar; and\n(b) satisfy the registrar that the plaintiff has complied with the\nCorporations Act and these rules in relation to applications for a\nwinding-up order.\n5.10 Order substituting plaintiff in application for winding-up\n(Corporations Act, s 465B)\n(1) If the court makes an order under the Corporations Act, section 465B,\nthe court may also order that the substituted plaintiff or plaintiffs\npublish a notice stating that the substituted plaintiff or plaintiffs\nintend to apply for an order that the company be wound up.\nNote See approved form 10 (Notice of application for winding-up order by\nsubstituted plaintiff) AF2007-138.\n(2) Unless the court otherwise directs, the notice must be published—\n(a) at least 7 days before the date fixed for the hearing of the\n\nRule 5.11\n(b) in a daily newspaper circulating generally in the State or\nTerritory where the company has its principal, or last known,\n5.11 Notice of winding-up order and appointment of liquidator\n(1) This rule applies if the court orders that a company be wound up and\nan official liquidator be appointed as liquidator of the company.\n(2) Not later than the day after the order is made, the plaintiff must inform\nthe liquidator of the appointment.\n(3) As soon as practicable after being informed of the appointment, the\nliquidator must publish a notice of the winding-up order and the\nliquidator’s appointment in a daily newspaper circulating generally in\nthe State or Territory where the company has its principal, or last\nknown, place of business.\nNote See approved form 11 (Notice of winding-up order and of appointment\nof liquidator) AF2007-139.\nliquidator does not include a provisional liquidator.\n\nPart 6.6 Provisional liquidators (Corporations Act, pt 5.4B)\nRule 6.1\nPart 6.6 Provisional liquidators\n(Corporations Act, pt 5.4B)\n6.1 Appointment of provisional liquidator (Corporations Act,\ns 472)\n(1) An application for an official liquidator to be appointed, under the\nCorporations Act, section 472 (2), as a provisional liquidator of a\ncompany must be accompanied by the written consent of the official\nliquidator.\nNote See approved form 8 (Consent of liquidator/provisional liquidator)\nAF2008-67.\n(a) an order is made appointing a provisional liquidator; and\n(b) the order provides that the provisional liquidator may take into\nthe provisional liquidator’s custody part only of the company’s\nproperty;\nthe order must include a short description of the part of the company’s\nproperty that the provisional liquidator may take into custody.\n(3) The court may require the plaintiff to give an undertaking as to\ndamages.\n6.2 Notice of appointment of provisional liquidator\n(1) This rule applies if the court orders that an official liquidator be\nappointed as a provisional liquidator of a company.\n(2) Not later than the day after the order is made, the plaintiff must—\n(a) except if the plaintiff is ASIC—lodge an office copy of the order\nwith ASIC; and\n(b) serve an office copy of the order on the company (except if the\nplaintiff is the company) and on anyone else as directed by the\n\nProvisional liquidators (Corporations Act, pt 5.4B) Part 6.6\nRule 6.2\n(c) give to the provisional liquidator an office copy of the order and\na written statement that the order has been served as required by\nparagraph (b).\n(3) As soon as practicable after the order is made, the provisional\nliquidator must publish a notice of the provisional liquidator’s\nappointment in a daily newspaper circulating generally in the State or\nTerritory where the company has its principal, or last known, place of\nbusiness.\nNote See approved form 12 (Notice of appointment of provisional liquidator)\nAF2007-140.\n\nRule 7.1\n7.1 Resignation of liquidator (Corporations Act, s 473 (1))\n(1) A liquidator appointed by the court who wishes to resign office must\nfile with the registrar, and give to ASIC, a memorandum of\nresignation.\n(2) The resignation takes effect on the filing and giving of the\nmemorandum.\n7.2 Filling vacancy in office of liquidator (Corporations Act,\ns 473 (7), s 502)\n(1) If, for any reason, there is no liquidator acting in a winding-up, the\ncourt may—\n(a) for a winding-up by the court—appoint another official\nliquidator whose written consent has been filed; and\n(b) for a voluntary winding-up—appoint another registered\nliquidator whose written consent has been filed.\n(2) The court may make the appointment—\n(a) in any case—on application by ASIC, a creditor or a\ncontributory; or\n(b) for a winding-up by the court—on its own initiative.\n7.3 Report to liquidator as to company’s affairs\n(Corporations Act, s 475)\n(1) If a person is required under the Corporations Act, section 475 to\nsubmit and verify a report as to the affairs of a company, the liquidator\nmust give to the person the appropriate forms and instructions for the\npreparation of the report.\n\nRule 7.4\n(2) Except by order of the court, no person is to be allowed out of the\nproperty of a company any costs or expenses incurred in relation to\nthe preparation of the report that have not been—\n(a) sanctioned by the liquidator before being incurred; or\n(b) assessed.\n(3) The liquidator must report to the court any default in complying with\nthe requirements of the Corporations Act, section 475.\nliquidator includes a provisional liquidator.\n7.4 Liquidator to file certificate and copy of settled list of\ncontributories (Corporations Act, s 478)\nIf, in a winding-up by the court, a liquidator has settled and certified\na list, or supplementary list, of contributories, the liquidator must, not\nlater than 14 days after doing so, file the certificate and a copy of the\nlist.\n7.5 Release of liquidator and deregistration of company\n(Corporations Act, s 480 (c) and (d))\n(1) This rule applies to an application by the liquidator of a company—\n(a) for an order that the liquidator be released; or\n(b) for an order that the liquidator be released and that ASIC\nderegister the company.\n(2) The interlocutory process seeking the order must include—\n(a) a notice stating that any objection to the release of the liquidator\nmust be made by filing and serving a notice of objection not later\nthan 21 days after the date of service of the interlocutory\n\nRule 7.5\n(b) a statement setting out the terms of the Corporations Act,\nsection 481 (3).\nNote The Corporations Act, s 481 (3) provides that an order of the court\nreleasing a liquidator discharges the liquidator from all liability in relation\nto any act done or default made by the liquidator in the administration of\nthe affairs of the company, or otherwise in relation to the liquidator’s\nconduct as liquidator, but any such order may be revoked on proof that it\nwas obtained by fraud or by suppression or by concealment of any\nmaterial fact.\n(3) The supporting affidavit must include details of the following\nmatters:\n(a) whether the whole of the company’s property has been realised\nor whether so much of the company’s property has been realised\nas, in the liquidator’s opinion, can be realised without needlessly\nprotracting the winding-up;\n(b) any calls made on contributories in the course of the winding-up;\n(c) any dividends paid in the course of the winding-up;\n(d) whether the committee of inspection (if any) has passed a\nresolution approving the liquidator’s release;\n(e) whether ASIC has appointed an auditor to report on an account\nor statement of the position in the winding-up under the\nCorporations Act, section 539 (2);\n(f) whether the court has ordered a report on the accounts of the\nliquidator to be prepared;\n(g) whether any objection to the release of the liquidator has been\nreceived by the liquidator from—\n(i) an auditor appointed by ASIC or by the court; or\n(ii) any creditor, contributory or other interested person;\n(h) whether any report has been submitted by the liquidator to ASIC\nunder the Corporations Act, section 533;\n\nRule 7.5\n(i) whether the liquidator considers it necessary to report on the\naffairs of the company or any of its officers;\n(j) any property disclaimed in the course of the winding-up;\n(k) any remuneration paid or payable to the liquidator and how such\nremuneration was determined;\n(l) any costs, charges or expenses payable by the liquidator if the\ncourt grants the liquidator’s release;\n(m) if the application is made under the Corporations Act,\nsection 480 (c)—the facts and circumstances because of which\nit is submitted that the company should not be deregistered.\n(4) The liquidator must include in the supporting affidavit the following\nstatements, including, if appropriate, the words in brackets:\n(a) ‘To the best of my belief, there has been no act done or default\nmade by me in the administration of the affairs of the subject\ncorporation or otherwise in relation to my conduct as liquidator\nwhich is likely to give rise to any liability to the subject\ncorporation or any creditor or contributory [except as disclosed\nin this affidavit]’;\n(b) ‘I am not aware of any claim made by any person that there has\nbeen any such act or default [except as disclosed in this\naffidavit]’.\n(5) The liquidator must file with, or annex to, the supporting affidavit—\n(a) a statement of the financial position of the company at the date\nwhen the interlocutory process seeking release was filed; and\n(b) a summary of the liquidator’s receipts and payments in winding\nup the company.\n\nRule 7.6\n(6) Unless the court otherwise orders, the liquidator must serve by\nprepaid post, on each creditor who has proved a debt in the course of\nthe winding-up, and on each contributory, a copy of the interlocutory\nprocess accompanied by—\n(a) a copy of the summary of the liquidator’s receipts and payments\nin winding up the company; and\n(b) a copy of the statement of the financial position of the company\nat the date when the interlocutory process seeking release was\n7.6 Objection to release of liquidator\n(1) A creditor or contributory of a company who wishes to object to the\nrelease of the liquidator of the company must, within 21 days after\nthe date of service of the interlocutory process seeking release—\n(a) file—\n(i) a notice of objection; and\nNote See approved form 13 (Notice by creditor or contributory of\nobjection to release of liquidator) AF2007-141.\n(ii) if appropriate, an affidavit stating any facts relied on; and\n(b) serve a copy of the notice and the affidavit (if any) on the\nliquidator.\n(2) If the liquidator is served with a notice of objection by a creditor or\ncontributory, the liquidator must, not later than 3 days after being\nserved, serve on the creditor or contributory a copy of the affidavit\nsupporting the interlocutory process.\n\nRule 7.7\n7.7 Report on accounts of liquidator (Corporations Act,\ns 481)\n(1) If the court orders that a report on the accounts of a liquidator be\nprepared under the Corporations Act, section 481 (1), the liquidator\nmust give to the auditor appointed to prepare the report all\ninformation, books and vouchers required to prepare the report.\n(2) On completing the report, the auditor must—\n(a) file a copy of the report in a sealed envelope that is marked with\nthe title and number of the proceeding and the words ‘Auditor’s\nreport under section 481 (1) of the Corporations Act 2001’; and\n(b) serve a copy of the report on the liquidator; and\n(c) give a copy of the report to ASIC.\n(3) Except with the leave of the court, a report is not available for\ninspection by any person except the liquidator or ASIC.\n7.8 Application for payment of call (Corporations Act,\ns 483 (3) (b))\nThe affidavit in support of an application by the liquidator of a\ncompany, under the Corporations Act, section 483 (3) (b), for an order\nfor the payment of a call must, if a form is approved under the Court\nProcedures Act 2004, section 8 for this rule, be in accordance with\nthe approved form.\nNote See approved form 14 (Affidavit in support of application for order for\npayment of call) AF2007-142.\n\nRule 7.9\n7.9 Distribution of surplus by liquidator with special leave of\nthe court (Corporations Act, s 488 (2))\n(1) The affidavit in support of an application for special leave to\ndistribute a surplus in relation to a company must state how the\nliquidator intends to distribute the surplus including the name and\naddress of each person to whom the liquidator intends to distribute\nany part of the surplus.\n(2) At least 14 days before the date set for the hearing of the application,\nthe liquidator must publish a notice of the application in a daily\nnewspaper circulating generally in the State or Territory where the\ncompany has its principal, or last known, place of business.\nNote See approved form 15 (Notice of application for leave to distribute a\nsurplus) AF2007-143.\n7.10 Powers delegated to liquidator by the court (Corporations\nAct, s 488)\nSubject to the Corporations Act, this schedule and any order of the\ncourt, the powers and duties given to the court by the Corporations\nAct, part 5.4B in relation to the matters mentioned in the Corporations\nAct, section 488 (1) may be exercised by a liquidator appointed by\nthe court as an officer of the court and subject to the control of the\n7.11 Inquiry into conduct of liquidator (Corporations Act,\ns 536 (1) and (2))\n(1) A complaint to the court under the Corporations Act,\nsection 536 (1) (b) must be made—\n(a) for a winding-up by the court—by an interlocutory process\nseeking an inquiry; and\n(b) for a voluntary winding-up—by an originating process seeking\nan inquiry.\n\nRule 7.11\n(2) A report to the court by ASIC under the Corporations Act,\nsection 536 (2) must be made—\n(a) for a winding-up by the court—by filing—\n(i) an interlocutory process seeking orders under the\nsubsection; and\n(ii) a written report in a sealed envelope that is marked with\nthe title and number of the proceeding; and\n(b) for a voluntary winding-up—by filing—\n(i) an originating process seeking orders under the subsection;\nand\n(ii) a written report in a sealed envelope that is marked with\nthe title of the proceeding and provision for its number.\n(3) The contents of a report filed under subrule (2) need not, at the time\nof filing, be verified by an affidavit.\n(4) Except with the leave of the court, a report made under the\nCorporations Act, section 536 (2) is not available for inspection by\nanyone except the liquidator or ASIC.\nliquidator includes a provisional liquidator.\n\nPart 6.8 Special managers (Corporations Act, pt 5.4B)\nRule 8.1\nPart 6.8 Special managers (Corporations\nAct, pt 5.4B)\n8.1 Application for appointment of special manager\n(Corporations Act, s 484)\n(1) An application by a liquidator for the appointment of a special\nmanager in relation to a company must state the powers that, in the\nliquidator’s opinion, should be entrusted by the court to the special\nmanager.\n(2) The supporting affidavit must state—\n(a) the circumstances making it proper that a special manager be\nappointed; and\n(b) details of the remuneration proposed to be paid to the special\nmanager; and\n(c) whether any committee of inspection in the winding-up, or a\nmeeting of creditors, has approved the appointment of a special\nmanager.\n8.2 Security given by special manager (Corporations Act,\ns 484)\n(1) The court may, from time to time, direct that the amount of security\ngiven by a special manager be varied.\n(2) Unless the court otherwise directs, the costs of providing the security\ngiven by a special manager in relation to a particular winding-up—\n(a) are the personal expenses of the special manager; and\n(b) must not be charged against the property of the company as an\nexpense incurred in the winding-up.\n\nSpecial managers (Corporations Act, pt 5.4B) Part 6.8\nRule 8.3\n8.3 Special manager’s receipts and payments (Corporations\nAct, s 484)\n(1) A special manager must give to the liquidator—\n(a) an account of the special manager’s receipts and payments; and\n(b) a statutory declaration verifying the account.\n(2) If the liquidator approves the account, the liquidator must include the\ntotal amounts of the special manager’s receipts and payments in the\nliquidator’s accounts.\n\nRule 9.1\n9.1 Remuneration of receiver (Corporations Act, s 425 (1))\n(1) This rule applies to an application by a receiver of property of a\ncorporation for an order under the Corporations Act, section 425 (1)\nfixing the receiver’s remuneration.\nNote 1 Under the Corporations Act, s 425 (2) (b), the court may exercise its\npower to make an order fixing the remuneration of a receiver appointed\nunder an instrument even if the receiver has died, or has ceased to act,\nbefore the making of the order or the application for the order.\nNote 2 The amendment to the Corporations Act, s 425 made by the Corporations\nreceiver appointed on or after 31 December 2007—see Corporations Act,\ns 1480 (5).\n(2) At least 21 days before filing an originating or interlocutory process\nseeking the order, the receiver must serve a notice of the receiver’s\nintention to apply for the order, and a copy of any affidavit on which\nthe receiver intends to rely, on the following:\n(a) the person who appointed the receiver;\n(b) any creditor holding security over all or any of the same property\nof the corporation (except if the creditor is the person who\nappointed the receiver);\n(c) any administrator, liquidator or provisional liquidator of the\n(d) any administrator of a deed of company arrangement executed\nby the corporation;\n(e) if there is no-one of the kind mentioned in paragraph (c) or (d)—\n(i) each of the 5 largest (measured by amount of debt)\nunsecured creditors of the corporation; and\n\nRule 9.1\n(ii) each member of the corporation whose shareholding\nrepresents at least 10% of the issued capital of the\n(3) Within 21 days after the last service of the documents mentioned in\nsubrule (2), any creditor or contributory, or anyone mentioned in\nsubrule (2) (c), (d) or (e), may give to the receiver a notice of\nobjection to the remuneration claimed, stating the grounds of\n(4) If the receiver does not receive a notice of objection within the period\nmentioned in subrule (3)—\n(a) the receiver may file an affidavit, made after the end of that\nperiod, in support of the originating or interlocutory process\nseeking the order stating—\nbe served under subrule (2) were served; and\n(ii) that the receiver has not received any notice of objection to\nthe remuneration claimed within the period mentioned in\nsubrule (3); and\n(b) the receiver may endorse the originating or interlocutory process\nwith a request that the application be dealt with in the absence\nof the public and without any attendance by, or on behalf of, the\nreceiver; and\n(5) If the receiver receives a notice of objection within the period\nmentioned in subrule (3), the receiver must serve a copy of the\noriginating or interlocutory process seeking the order on each creditor\nor contributory, or other person, who has given a notice of objection.\n\nRule 9.2\n(6) An affidavit in support of the originating process, or interlocutory\nprocess, seeking the order must—\nAct, section 425 (8); and\nby the receiver; and\nthe receiver; and\n(e) state particulars of any objection of which the receiver has\n(f) if the receivership is continuing—give details of any matters\ndelaying the completion of the receivership.\n9.2 Determination by court of remuneration of administrator\n(Corporations Act, s 449E (1) (c) and (1A) (c))\n(1) This rule applies to an application by the administrator of a company\nunder administration, or of a deed of company arrangement, for an\norder under the Corporations Act, section 449E (1) (c) or (1A) (c)\ndetermining the administrator’s remuneration.\n(2) At least 21 days before filing an originating process, or interlocutory\nprocess, seeking the order, the administrator must serve a notice of\nthe administrator’s intention to apply for the order, and a copy of any\naffidavit on which the administrator intends to rely, on the following\npeople:\n(a) each creditor who was present, in person or by proxy at any\nmeeting of creditors;\n(b) each member of any committee of creditors or committee of\ninspection;\n\nRule 9.2\n(c) if there is no committee of creditors or committee of inspection,\nand no meeting of creditors has been convened and held, each\nof the 5 largest (measured by amount of debt) creditors of the\ncompany;\n(d) each member of the company whose shareholding represents at\n(3) Within 21 days after the last service of the documents mentioned in\nsubrule (2), any creditor or contributory may give to the administrator\na notice of objection to the remuneration claimed, stating the grounds\n(4) If the administrator does not receive a notice of objection within the\nperiod mentioned in subrule (3)—\n(a) the administrator may file an affidavit, made after the end of the\nperiod, in support of the originating process or interlocutory\nprocess, seeking the order stating—\nbe served under subrule (2) were served; and\n(ii) that the administrator has not received any notice of\nobjection to the remuneration claimed within the period\nmentioned in subrule (3); and\n(b) the administrator may endorse the originating process, or\ninterlocutory process, with a request that the application be dealt\nwith in the absence of the public and without any attendance by,\nor on behalf of, the administrator; and\n\nRule 9.2A\n(5) If the administrator receives a notice of objection within the period\nmentioned in subrule (3), the administrator must serve a copy of the\noriginating process, or interlocutory process, seeking the order on\neach creditor or contributory who has given a notice of objection.\n(6) An affidavit in support of the originating process, or interlocutory\nprocess, seeking the order must—\nAct, section 449E (4); and\nby the administrator; and\nthe administrator; and\n(e) state particulars of any objection of which the administrator has\n(f) if the administration is continuing—give details of any matters\ndelaying the completion of the administration.\n9.2A Review of remuneration of administrator\n(Corporations Act, s 449E (2))\n(1) This rule applies to an application for review of the amount of the\nremuneration of an administrator under the Corporations Act,\nsection 449E (2).\nNote The amendment to the Corporations Act, section 449E made by the\nCorporations Amendment (Insolvency) Act 2007 (Cwlth) applies in\nrelation to an administrator appointed on or after 31 December 2007—\nsee Corporations Act, s 1480 (6).\n(2) The application may be made only after the remuneration has been\ndetermined under the Corporations Act, section 449E (1) (a) or (b)\nor (1A) (a) or (b).\n\nRule 9.2A\n(3) At least 21 days before filing the originating process or the\ninterlocutory process applying for a review, the plaintiff or applicant\nmust serve a notice of intention to apply for the review and a copy of\nany affidavit on which the plaintiff or applicant intends to rely (other\nthan an affidavit required by subrule (9)), on the following people:\n(a) if there is a committee of creditors or a committee of\ninspection—each member of the committee;\n(b) if the remuneration of the administrator was determined by the\ncreditors—each creditor who was present, in person or by proxy,\nat the meeting of creditors at which the remuneration was\ndetermined;\nNote See approved form 16A (Notice of intention to apply for review of\nremuneration) AF2008-68.\nsubrule (3), any person on whom the notice has been served may\nserve on the plaintiff or applicant a notice—\n(a) stating the person’s intention to appear at the hearing of the\napplication for review; and\n(b) setting out the issues that the person seeks to raise before the\n(5) A person mentioned in subrule (3) is entitled to be heard on the\napplication for review, but only (unless the court otherwise orders) if\nthe person has served on the plaintiff or applicant a notice in\naccordance with subrule (4).\n(6) If the plaintiff or applicant is served with a notice in accordance with\nsubrule (4), the plaintiff or applicant must serve a copy of the\noriginating process or interlocutory process applying for the review\non each person who has served the notice.\n\n(7) The administrator must file an affidavit stating the following matters:\n(a) the matters mentioned in the Corporations Act,\nsection 449E (4);\n(b) the nature of the work performed or likely to be performed by\nthe administrator;\n(c) the amount of remuneration claimed by the administrator if that\namount is different from the amount of remuneration that has\nbeen determined;\n(d) a summary of the receipts taken and payments made by the\nadministrator;\n(e) particulars of any objection to the remuneration as determined,\nof which the administrator has received notice;\n(f) if the administration is continuing — details of any matters\ndelaying the completion of the administration.\n(8) The affidavit mentioned in subrule (7) must annex a copy of the report\nthat the administrator was required to prepare before remuneration\nwas determined.\n(9) The plaintiff or applicant must—\n(a) file an affidavit stating whether any notice or notices under\nsubrule (4) has or have been served; and\n(b) annex or exhibit to the affidavit a copy of the notice or notices.\n9.3 Remuneration of provisional liquidator (Corporations Act,\ns 473 (2))\n(1) This rule applies to an application by a provisional liquidator of a\ncompany for an order under the Corporations Act, section 473 (2)\ndetermining the provisional liquidator’s remuneration.\n(2) The application must be made by interlocutory process in the\n\norder, the provisional liquidator must serve a notice of the provisional\nliquidator’s intention to apply for the order, and a copy of any\naffidavit on which the provisional liquidator intends to rely, on the\n(a) any liquidator (except the provisional liquidator) of the\ncompany;\n(b) each member of any committee of inspection or, if there is no\ncommittee of inspection, each of the 5 largest (measured by\namount of debt) creditors of the company;\nleast 10 % of the issued capital of the company.\nsubrule (3), the liquidator, or any creditor or contributory, may give\nto the provisional liquidator a notice of objection to the remuneration\nclaimed, stating the grounds of objection.\n(5) If the provisional liquidator does not receive a notice of objection\nwithin the period mentioned in subrule (4)—\n(a) the provisional liquidator may file an affidavit, made after the\nend of that period, in support of the interlocutory process\nseeking the order stating—\n(ii) that the provisional liquidator has not received any notice\nof objection to the remuneration claimed within the period\nmentioned in subrule (4); and\n\n(b) the provisional liquidator may endorse the interlocutory process\nwith a request that the application be dealt with in the absence\nof the public and without any attendance by, or on behalf of, the\nprovisional liquidator; and\n(6) If the provisional liquidator receives a notice of objection within the\nperiod mentioned in subrule (4), the provisional liquidator must serve\na copy of the interlocutory process seeking the order—\n(a) on each creditor or contributory who has given a notice of\nobjection; and\n(b) on the liquidator (if any).\n(7) An affidavit in support of the interlocutory process seeking the order\n(a) state the nature of the work performed or likely to be performed\nby the provisional liquidator; and\n(b) state the amount of remuneration claimed; and\n(c) include a summary of the receipts taken and payments made by\nthe provisional liquidator; and\n(d) state particulars of any objection of which the provisional\nliquidator has received notice; and\n(e) if the winding-up proceeding has not been completed—give\ndetails of—\n(i) any reasons known to the provisional liquidator why the\nwinding-up proceeding has not been completed; and\n(ii) any reasons why the provisional liquidator’s remuneration\nshould be determined before the completion of the\n\nRule 9.4\n(8) The affidavit must also provide evidence of the matters mentioned in\nthe Corporations Act, section 473 (10)—\n(a) to the extent that they may be relevant to a provisional\nliquidator; and\n(b) as if a reference in that subsection to liquidator were a reference\nto provisional liquidator.\n9.4 Determination by court of liquidator’s remuneration\n(Corporations Act, s 473 (3) (b) (ii))\n(1) This rule applies to an application by a liquidator of a company for\nan order under the Corporations Act, section 473 (3) (b) (ii)\ndetermining the liquidator’s remuneration.\nNote The amendment to the Corporations Act, s 473 made by the Corporations\nliquidator appointed on or after 31 December 2007—see the Corporations\nAct, s 1480 (7).\n(2) The application—\n(a) must be made by interlocutory process in the winding-up\n(b) must not be made until after the date of the meeting of creditors\nmentioned in the Corporations Act, section 473 (4).\norder, the liquidator must serve a notice of the liquidator’s intention\nto apply for the order, and a copy of any affidavit on which the\nliquidator intends to rely, on the following:\n(a) each creditor who was present, in person or by proxy, at any\nmeeting of creditors at which the remuneration of the liquidator\nwas considered;\n(b) each member of any committee of inspection;\n\nRule 9.4\n(c) if there is no committee of inspection, and no meeting of\ncreditors has been convened and held—each of the 5 largest\n(measured by amount of debt) creditors of the company;\n(d) each member of the company whose shareholding represents at\nsubrule (3), any creditor or contributory may give to the liquidator a\nnotice of objection to the remuneration claimed, stating the grounds\n(5) If the liquidator does not receive a notice of objection within the\nperiod mentioned in subrule (4)—\n(a) the liquidator may file an affidavit, made after the end of that\nperiod, in support of the interlocutory process seeking the order\n(ii) that the liquidator has not received any notice of objection\nto the remuneration claimed within the period mentioned\nin subrule (4); and\n(b) the liquidator may endorse the interlocutory process with a\nrequest that the application be dealt with in the absence of the\npublic and without any attendance by, or on behalf of, the\nliquidator; and\n(6) If the liquidator receives a notice of objection within the period\nmentioned in subrule (4), the liquidator must serve a copy of the\ninterlocutory process seeking the order on each creditor or\ncontributory who has given a notice of objection.\n\n(7) An affidavit in support of the interlocutory process seeking the order\nAct, section 473 (10); and\nby the liquidator; and\nthe liquidator; and\n(e) state particulars of any objection of which the liquidator has\n(f) if the winding up is continuing—give details of any matters\ndelaying the completion of the winding up.\n9.4A Review of remuneration of liquidator (Corporations Act,\ns 473 (5) and (6) and s 504 (1))\n(1) This rule applies to an application for review of the amount of the\nremuneration of a liquidator under the Corporations Act,\nsection 473 (5) or (6) or section 504 (1).\nNote The amendment to the Corporations Act, s 504 made by the Corporations\nliquidator appointed on or after 31 December 2007—see the Corporations\nAct, s 1480 (7).\n(2) The application may only be made after remuneration has been\ndetermined under the Corporations Act, section 473 (3) (a) or (b) (i),\nor fixed under section 495 (1) or section 499 (3).\n\n(3) At least 21 days before filing the originating process or interlocutory\nprocess applying for a review, the plaintiff or applicant must serve a\nnotice of intention to apply for the review and a copy of any affidavit\non which the plaintiff or applicant intends to rely (other than an\naffidavit required by subrule (9)), on the following people:\n(a) if there is a committee of inspection—each member of the\ncommittee;\n(b) if the remuneration of the liquidator was determined or fixed by\nthe creditors—each creditor who was present, in person or by\nproxy, at the meeting of creditors at which the remuneration was\ndetermined or fixed;\nNote See approved form 16A (Notice of intention to apply for review of\nremuneration) AF2008-68.\nsubrule (3), any person on whom the notice has been served may\nserve on the plaintiff or applicant a notice—\n(a) stating the person’s intention to appear at the hearing of the\napplication for review; and\n(b) setting out the issues that the person seeks to raise before the\n(5) A person mentioned subrule (3) is entitled to be heard on the\napplication for review, but only (unless the court otherwise orders) if\nthe person has served on the plaintiff or applicant a notice in\naccordance with subrule (4).\n(6) If the plaintiff or applicant is served with a notice in accordance with\nsubrule (4), the plaintiff or applicant must serve a copy of the\noriginating process or interlocutory process applying for the review\non each person who has served the notice.\n\n(7) The liquidator must file an affidavit stating the following matters:\n(a) for an application under the Corporations Act, section 473 (5) or\n(6)—the matters mentioned in the Corporations Act,\nsection 473 (10);\n(b) for an application under the Corporations Act, section 504 (1)—\nthe matters mentioned in the Corporations Act, section 504 (2);\n(c) the nature of the work performed or likely to be performed by\nthe liquidator;\n(d) the amount of remuneration claimed by the liquidator if that\namount is different from the amount of remuneration that has\nbeen determined or fixed;\n(e) a summary of the receipts taken and payments made by the\nliquidator;\n(f) particulars of any objection to the remuneration as determined\nor fixed of which the liquidator has received notice;\n(g) if the winding up is continuing—details of any matters delaying\nthe completion of the winding up.\n(8) The affidavit under subrule (7) must annex a copy of the report that\nthe liquidator was required to prepare before remuneration was\ndetermined or fixed.\nNote For the requirement to prepare a report, see the Corporations Act,\ns 473 (11) and (12), s 495 (5), s 499 (6) and (7).\n(9) The plaintiff or applicant must—\n(a) file an affidavit stating whether any notice or notices under\nsubrule (4) has or have been served; and\n(b) annex or exhibit to the affidavit a copy of the notice or notices.\n\n9.5 Remuneration of special manager (Corporations Act,\ns 484 (2))\n(1) This rule applies to an application by a special manager of the\nproperty or business of a company for an order under the\nCorporations Act, section 484 (2) fixing the special manager’s\nremuneration.\n(2) The application must be made by interlocutory process in the\norder, the special manager must serve a notice of the special\nmanager’s intention to apply for the order, and a copy of any affidavit\non which the special manager intends to rely, on the following:\n(a) the liquidator of the company;\n(b) each member of any committee of creditors or committee of\ninspection or, if there is no committee of creditors or committee\nof inspection, each of the 5 largest (measured by amount of debt)\ncreditors of the company;\nsubrule (3), the liquidator, or any creditor or contributory, may give\nto the special manager a notice of objection to the remuneration\nclaimed, stating the grounds of objection.\n\n(5) If the special manager does not receive a notice of objection within\nthe period mentioned in subrule (4)—\n(a) the special manager may file an affidavit, made after the end of\nthat period, in support of the interlocutory process seeking the\norder stating—\n(ii) that the special manager has not received any notice of\nobjection to the remuneration claimed within the period\nmentioned in subrule (4); and\n(b) the special manager may endorse the interlocutory process with\na request that the application be dealt with in the absence of the\npublic and without any attendance by, or on behalf of, the special\nmanager; and\n(6) If the special manager receives a notice of objection within the period\nmentioned in subrule (4), the special manager must serve a copy of\nthe interlocutory process seeking the order—\n(a) on each creditor or contributory who has given a notice of\nobjection; and\n(b) on the liquidator.\n(7) The affidavit in support of the interlocutory process seeking the order\n(a) state the nature of the work performed or likely to be performed\nby the special manager; and\n(b) state the amount of remuneration claimed; and\n(c) include a summary of the receipts taken and payments made by\nthe special manager; and\n\n(d) state particulars of any objection of which the special manager\nhas received notice; and\n(e) if the special management is continuing—give details of any\nmatters delaying the completion of the special management.\n\nWinding-up generally Part 6.10\nRule 10.1\nPart 6.10 Winding-up generally\n10.1 Determination of value of debts or claims (Corporations\nAct, s 554A (2))\nA reference to the court by a liquidator of a company under the\nCorporations Act, section 554A (2) (b) must be made—\n(a) for a winding-up by the court—by filing an interlocutory\nprocess seeking an order estimating, or determining a method\nfor working out, the value of the debt or claim; and\n(b) for a voluntary winding-up—by filing an originating process\nseeking an order estimating, or determining a method for\nworking out, the value of the debt or claim.\n10.2 Disclaimer of contract (Corporations Act, s 568 (1A))\n(1) The affidavit in support of an application by a liquidator, under the\nCorporations Act, section 568 (1A), for leave to disclaim a contract\nin relation to a company must—\n(a) state the people interested, and their interests, under the contract;\nand\n(b) state the facts on which it is submitted that the contract should\nbe disclaimed.\n(2) The liquidator must serve the affidavit on each party to the contract\n(except the company) and on anyone interested in the contract.\n10.3 Winding-up Part 5.7 bodies (Corporations Act s 583,\ns 585) and registered schemes (Corporations Act,\ns 601ND)\nThese rules apply, with any necessary changes, and in the same way\nas they apply to a company, in relation to the winding-up of a Part 5.7\nbody or a registered scheme.\n\nRule 11.1\nPart 6.11 Examinations and orders\n(Corporations Act, pt 5.9, div 1\nand div 2)\n11.1 Meaning of examination summons in pt 6.11\nexamination summons means a summons under the Corporations\nAct, section 596A or section 596B for the examination of a person\nabout a corporation’s examinable affairs.\n11.2 Application for examination or investigation under\nCorporations Act, s 411 (9) (b), s 423 or s 536 (3)\n(1) An application for an order for the examination or investigation of a\nperson under the Corporations Act, section 411 (9) (b), section 423 or\nsection 536 (3) may be made by—\n(a) ASIC; or\n(b) a person authorised by ASIC; or\n(c) a creditor or contributory; or\n(d) anyone else aggrieved by the conduct of—\n(i) a person appointed to administer a compromise or\narrangement; or\n(ii) a controller; or\n(iii) a liquidator or provisional liquidator.\n(2) The application may be made without notice to anyone.\n(3) The provisions of this part that apply to an examination under the\nCorporations Act, part 5.9, division 1 apply, with any necessary\nchanges, to an examination or an investigation under the Corporations\nAct, section 411 (9) (b), section 423 or section 536 (3).\n\nRule 11.3\n11.3 Application for examination summons (Corporations Act,\ns 596A, s 596B)\n(1) An application for the issue of an examination summons must be\nmade by filing an interlocutory or originating process.\n(2) The application may be made without notice to anyone.\n(3) The originating or interlocutory process seeking the issue of the\nexamination summons must be—\n(a) supported by an affidavit stating the facts in support of the\n(b) accompanied by a draft examination summons.\nNote See approved form 17 (Summons for examination) AF2007-145.\n(4) The originating or interlocutory process and supporting affidavit must\nbe filed in a sealed envelope marked, as appropriate—\n(a) ‘Application and supporting affidavit for issue of summons for\nexamination under section 596A of the Corporations Act 2001’;\nor\n(b) ‘Application and supporting affidavit for issue of summons for\nexamination under section 596B of the Corporations Act 2001’.\n(5) If the application is not made by the liquidator, the liquidator must be\ngiven notice of the application and, if required by the liquidator,\nserved with a copy of the originating or interlocutory process and the\n(6) If the application is not made by ASIC, ASIC must be given notice of\nthe application and, if required by ASIC, served with a copy of the\noriginating or interlocutory process and the supporting affidavit.\n(7) Unless the court otherwise orders, an affidavit in support of an\napplication for an examination summons is not available for\ninspection by anyone.\n\nRule 11.4\n11.4 Service of examination summons\nAn examination summons issued by the court must be personally\nserved, or served in any way that as the court may direct, on the\nperson who is to be examined at least 8 days before the date set for\nthe examination.\n11.5 Discharge of examination summons\n(1) This rule applies if a person is served with an examination summons.\n(2) Not later than 3 days after the person is served with the examination\nsummons, the person may apply to the court for an order discharging\nthe summons by filing—\n(a) an interlocutory process seeking an order discharging the\nsummons; and\n(b) an affidavit stating the facts in support of the interlocutory\n(3) As soon as practicable after filing the interlocutory process seeking\nthe order and the supporting affidavit, the person must serve a copy\nof the interlocutory process and the supporting affidavit on—\n(a) the person who applied for the examination; and\n(b) unless that person is ASIC or a person authorised by ASIC,\nASIC.\n11.6 Filing of record of examination (Corporations Act,\ns 597 (13))\nIf the court makes an order in relation to an examination under the\nCorporations Act, section 597 (13), the court may give directions for\nthe filing of the written record of the examination.\n\nRule 11.7\n11.7 Authentication of transcript of examination (Corporations\nAct, s 597 (14))\nFor the Corporations Act, section 597 (14), a transcript of an\nexamination may be authenticated—\n(a) by the person, or people, who prepared the record of\nexamination, or under whose supervision the record was\nprepared, certifying in writing signed by the person or people,\nthat the record is a true transcript of the record of examination;\nor\n(b) by anyone present at the examination, or any part of the\nexamination, signing the person’s name at the bottom of each\npage of the written record that records a part of the examination\nat which the person was present.\n11.8 Inspection of record or transcript of examination or\ninvestigation under Corporations Act, s 411, s 423 or\ns 536\n(1) A written record or transcript of an examination or investigation\nunder the Corporations Act, section 411, section 423 or section 536\nis not available for inspection by anyone except—\n(a) with the consent of the liquidator (if any) or ASIC; or\n(b) by leave of the court.\n(2) This rule does not apply to the liquidator, ASIC or anyone authorised\nby ASIC.\n11.9 Entitlement to record or transcript of examination held in\npublic\n(a) an examination under the Corporations Act, section 597 is held\ncompletely or partly in public; and\n\nRule 11.10\n(b) a written record or transcript of the examination is filed in the\n(2) The person examined may apply to the registrar, not later than 3 years\nafter the completion of the examination, for a copy of the record or\ntranscript of the part of the examination of the person held in public.\n(3) On receiving an application from a person under subrule (2), and any\napplicable fee, the registrar must give a copy of the record or\ntranscript to the person.\n11.10 Default in relation to examination\n(1) This rule applies if a person is summoned or ordered by the court to\nattend for examination, and—\n(a) without reasonable cause, the person—\n(i) fails to attend at the time and place appointed; or\n(ii) fails to attend from day-to-day until the completion of the\nexamination; or\n(iii) fails to take an oath or make an affirmation; or\n(iv) fails to answer a question that the court directs the person\nto answer; or\n(v) fails to produce books that the summons requires the\nperson to produce; or\n(vi) fails to comply with a requirement by the court to sign a\nwritten record of the examination; or\n(b) before the day set for the examination, the person who applied\nfor the summons or order satisfies the court that there is reason\nto believe that the person summoned or ordered to attend for\nexamination has absconded or is about to abscond.\n\nRule 11.11\n(a) issue a warrant for the arrest of the person summoned or ordered\nto attend for examination; and\n(b) make any other orders that the court considers just or necessary.\n11.11 Service of application for order in relation to breaches etc\nby person concerned with corporation (Corporations Act,\ns 598)\n(1) This rule applies to a person applying for an order under the\nCorporations Act, section 598.\n(2) In addition to complying with rule 2.7 (Service of originating process\nor interlocutory process and supporting affidavit) and rule 2.8 (Notice\nof certain applications to be given to ASIC), the person must serve a\ncopy of the originating or interlocutory process and the supporting\naffidavit on any liquidator or provisional liquidator (except if the\nperson is the liquidator or provisional liquidator) of the corporation\nor body.\nNote Under r 2.7, a plaintiff must serve a copy of the originating process, and\nany supporting affidavit, on a defendant to the proceeding and, if\nnecessary, on the corporation to which the proceeding relates; and an\napplicant must serve a copy of an interlocutory process, and any\nsupporting affidavit, on a respondent to the proceeding and, if necessary,\non the corporation to which the proceeding relates. In certain cases, these\ndocuments may also be required to be served on ASIC (see r 2.8).\n\nPart 6.11A Warrants (Corporations Act, s 486B and pt 5.4B, div 3, subdiv B)\nRule 11A.1\nPart 6.11A Warrants (Corporations Act,\ns 486B and pt 5.4B, div 3,\nsubdiv B)\n11A.1 Arrest of person (Corporations Act, s 486B)\n(1) An application for the issue of a warrant under the Corporations Act,\nsection 486B (1) for the arrest of a person must state the grounds for\nthe issue of the warrant.\n(2) The application must be accompanied by an affidavit stating the facts\nin support of the application.\nNote See approved form 17A (Arrest warrant) AF2008-69.\n(3) If a person is arrested under the warrant, the person who carried out\nthe arrest must immediately give notice of the arrest to a registrar in\nthe registry from which the warrant was issued.\nNote The Corporations Act, ss 489A to 489E, inserted by the Corporations\nAmendment (Insolvency) Act 2007 (Cwlth), apply in relation to a warrant\nissued on or after 31 December 2007—see the Corporations Act,\ns 1481 (3).\n\nTakeovers, acquisitions of shares and other matters (Corporations Act, chs\n6, 6A, 6B, 6C, 6D and 7) and securities (Corporations Act, ch 7)\nPart 6.12\nRule 12.1\nPart 6.12 Takeovers, acquisitions of\nshares and other matters\n(Corporations Act, chs 6, 6A, 6B,\n6C, 6D and 7) and securities\n(Corporations Act, ch 7)\n12.1 Service on ASIC in relation to proceedings under\nCorporations Act, ch 6, 6A, 6B, 6C, 6D or 7\nIf ASIC is not a party to an application made under the Corporations\nAct, chapter 6, 6A, 6B, 6C, 6D or 7, the plaintiff must serve a copy\nof the originating process and the supporting affidavit on ASIC as\nsoon as practicable after filing the originating process.\n12.1A Reference to court of question of law arising in\nproceeding before Takeovers Panel (Corporations Act,\ns 659A)\nThe procedures in the Federal Court Rules 2011 (Cwlth), part 38\n(Cases stated and questions reserved) apply, with any necessary\nchanges, to a reference of a question of law arising in a proceeding\nbefore the Takeovers Panel to the court under the Corporations Act,\nsection 659A.\n12.1B Notification to court if proceeding started before end of\ntakeover bid period (Corporations Act, s 659B)\n(1) This rule applies to a party to a proceeding who suspects or becomes\naware that—\n(a) the proceeding was started in relation to a takeover bid, or\nproposed takeover bid, before the end of the bid period; and\n(b) the proceeding falls within the definition of court proceedings\nin relation to a takeover bid or proposed takeover bid in the\nCorporations Act, section 659B (4).\n\nPart 6.12 Takeovers, acquisitions of shares and other matters (Corporations Act, chs\n6, 6A, 6B, 6C, 6D and 7) and securities (Corporations Act, ch 7)\nRule 12.2\n(2) The party identified in subrule (1) must, immediately on suspecting\nor becoming aware of the matters mentioned in subrule (1), notify any\nother party to the proceeding and the court of the suspicion or\nknowledge.\n(3) The party must comply with subrule (2), unless any other party to the\nproceeding has given a notice under this rule to the party.\n12.2 Application for summons for appearance of person\n(Corporations Act, s 1071D (4))\n(1) An application for the issue of a summons under the Corporations\nAct, section 1071D (4) must be made by filing an originating or\n(2) The applicant may be the only party to the application.\n(3) The originating or interlocutory process seeking the issue of the\nsummons must be—\n(a) supported by an affidavit stating the facts in support of the\n(b) accompanied by a draft summons.\nNote See approved form 18 (Summons for appearance in relation to\nregistration of transfer of interests) AF2007-146.\n12.3 Application for orders relating to refusal to register\ntransfer or transmission of securities (Corporations Act,\ns 1071F)\nAs soon as practicable after filing an originating process under the\nCorporations Act, section 1071F, the plaintiff must serve a copy of\nthe originating process and the supporting affidavit on—\n(a) the company; and\n(b) anyone against whom an order is sought.\n\nPart 6.13\nPart 6.13\nNote These rules do not include a pt 6.13.\nThe division number has been kept to ensure that provision numbers in\nthese rules are consistent with the uniform corporations rules.\n\nPart 6.14 Powers of courts (Corporations Act, pt 9.5)\nRule 14.1\nPart 6.14 Powers of courts (Corporations\nAct, pt 9.5)\n14.1 Appeal from act, omission or decision of administrator,\nreceiver or liquidator etc (Corporations Act, s 554A,\ns 1321)\n(1) All appeals to the court authorised by the Corporations Act must be\nstarted by an originating or interlocutory process that states—\n(a) the act, omission or decision complained of; and\n(b) for an appeal against a decision—whether all or part only of the\ndecision is complained of and, if part only, which part of the\ndecision is complained of; and\n(c) the grounds on which the complaint is based.\n(2) Unless the Corporations Act otherwise provides, the originating or\ninterlocutory process must be filed within—\n(a) 21 days after the date of the act, omission or decision appealed\nagainst; or\n(b) any further time allowed by the court.\n(3) The court may extend the time for filing the originating or\ninterlocutory process either before or after the time for filing ends and\nwhether or not the application for extension is made before the time\n(4) As soon as practicable after filing the originating or interlocutory\nprocess and, in any case, at least 5 days before the date set for hearing,\nthe appellant must serve a copy of the process, and any supporting\naffidavit, on each person directly affected by the appeal.\n\nPowers of courts (Corporations Act, pt 9.5) Part 6.14\nRule 14.1\n(5) As soon as practicable after being served with a copy of the\noriginating or interlocutory process and any supporting affidavit, a\nperson whose act, omission or decision is being appealed against must\nfile an affidavit—\n(a) stating the basis on which the act, omission or decision was done\nor made; and\n(b) annexing or exhibiting a copy of all relevant documents that\nhave not been put in evidence by the appellant.\n\nPart 6.15 Proceedings under ASIC Act\nRule 15.1\nPart 6.15 Proceedings under ASIC Act\n15.1 Reference to court of question of law arising at hearing of\nASIC (ASIC Act, s 61)\nThe procedures in the Federal Court Rules 2011 (Cwlth), part 38\n(Cases stated and questions reserved) apply, with any necessary\nchanges, to a reference of a question of law arising at a hearing by\nASIC to the court under the ASIC Act, section 61.\n15.2\nNote These rules do not include a r 15.2.\nrules are consistent with the uniform corporations rules.\n15.3 Application for inquiry (ASIC Act, s 70, s 201, s 219)\nAn application for an inquiry under the ASIC Act, section 70 (3),\nsection 201 (3) or section 219 (7) must be made by filing an\noriginating process seeking an inquiry and orders under the relevant\nsubsection.\n\nIntroduction Division 6.15A.1\nRule 15A.1\nPart 6.15A Proceedings under the\nCross-Border Insolvency Act\n15A.1 Application—pt 6.15A and other rules\nUnless the court otherwise orders—\n(a) this part applies to a proceeding in the court, under the Cross-\nBorder Insolvency Act, involving a debtor other than an\nindividual; and\n(b) the rules (other than this part) apply to a proceeding in the court\nunder the Cross-Border Insolvency Act if they are relevant and\nnot inconsistent with this part.\nNote Cross-Border Insolvency Act—see r 1.5.\n15A.2 Terms used in Cross-Border Insolvency Act\n(1) Unless the contrary intention appears, a term that is used in this part\nand in the Cross-Border Insolvency Act, whether or not a particular\nmeaning is given to the term by the Cross-Border Insolvency Act, has\nthe same meaning in this part as it has in the Cross-Border Insolvency\nAct.\nNote 1 The following terms used in this part (including in the notes to this part)\nare defined in the Model Law as having the following meanings:\nestablishment means any place of operations where the debtor carries out\na non-transitory economic activity with human means and goods or\nservices.\nforeign court means a judicial or other authority competent to control or\nsupervise a foreign proceeding.\nforeign main proceeding means a foreign proceeding taking place in the\nState where the debtor has the centre of its main interests.\n\nRule 15A.2\nforeign non-main proceeding means a foreign proceeding, other than a\nforeign main proceeding, taking place in a State where the debtor has an\nestablishment within the meaning of subparagraph (f) of the present\narticle.\nforeign proceeding means a collective judicial or administrative\nproceeding in a foreign State, including an interim proceeding, pursuant\nto a law relating to insolvency in which proceeding the assets and affairs\nof the debtor are subject to control or supervision by a foreign court, for\nthe purpose of reorganisation or liquidation.\nforeign representative means a person or body, including one appointed\non an interim basis, authorised in a foreign proceeding to administer the\nreorganisation or the liquidation of the debtor’s assets or affairs or to act\nas a representative of the foreign proceeding.\nNote 2 Model Law—see r 1.5.\n(2) This part is to be interpreted in a way that gives effect to the Cross-\nBorder Insolvency Act.\n(3) In this part:\nconcurrent proceedings—see rule 15A.10 (1) (a).\ncoordination agreement means an agreement governing a form of\ncooperation mentioned in rule 15A.10 (1).\nforeign party participation—see rule 15A.10 (1) (c).\nGlobal Guidelines means the Global Guidelines for Court-to-Court\nCommunications in International Insolvency Cases published by the\nAmerican Law Institute and the International Insolvency Institute, as\nin force from time to time.\nGlobal Principles means the Global Principles for cooperation in\nInternational Insolvency Cases published by the American Law\nInstitute and the International Insolvency Institute, as in force from\ntime to time.\nlocal proceeding means a proceeding under the Corporations Act,\nchapter 5 (other than part 5.2 and part 5.4A) or section 601CL.\n\nRule 15A.3\nservice list means a service list established under the Global\nGuidelines, guideline 13.\n(4) The Legislation Act, section 47 (3) and (6) do not apply to the Global\nGuidelines and the Global Principles.\nNote 1 The Global Guidelines and the Global Principles do not need to be\nnotified under the Legislation Act because s 47 (6) does not apply (see\nLegislation Act, s 47 (7)).\nNote 2 The Global Guidelines are accessible at https://www.insol.org/.\nNote 3 The Global Principles are accessible at\nhttps://www.iiiglobal.org/sites/default/files/alireportmarch_0.pdf.\n15A.3 Application for recognition\n(1) An application by a foreign representative for recognition of a foreign\nproceeding under the Model Law, article 15 must be made by filing\nan originating process.\nNote See approved form 2 (Originating process) AF2008-143.\n(2) The originating process must—\n(a) be accompanied by the statements mentioned in the Model Law,\narticle 15 and the Cross-Border Insolvency Act, section 13; and\n(b) name the foreign representative as the plaintiff and the debtor as\nthe defendant; and\n(c) be accompanied by an affidavit verifying the matters mentioned\nin the Model Law, article 15, paragraphs 2 and 3 and the Cross-\nBorder Insolvency Act, section 13.\n(3) When filing the originating process, the foreign representative must\nfile, but need not serve, an interlocutory process seeking directions as\nto service, and the court may give any directions about service, and\nmake any incidental orders, that it considers just.\n\nRule 15A.4\n(4) The plaintiff must serve a copy of the originating process and the\nother documents mentioned in subrule (2)—\n(a) unless the court otherwise orders, in accordance with\nsubrule 2.7 (1); and\n(b) on any other people the court may direct at the hearing of the\n(5) A person who intends to appear before the court at the hearing of an\napplication for recognition must file and serve the documents\n15A.4 Application for provisional relief under Model Law, art 19\n(1) Any application by the plaintiff for provisional relief under the Model\nLaw, article 19 must be made by filing an interlocutory process.\n(2) Unless the court otherwise orders, the interlocutory process and any\nsupporting affidavit must be served in accordance with\nsubrule 2.7 (2).\n15A.5 Liquidator’s consent to act\nIf an application is made for an order—\n(a) under the Model Law, article 19 or 21 to entrust the\nadministration or realisation of all or part of the debtor’s assets\nto a person designated by the Court (other than the foreign\nrepresentative); or\n(b) under article 21 to entrust the distribution of all or part of the\ndebtor’s assets to a person designated by the Court (other than\nthe foreign representative);\nthen, unless the Court otherwise orders, the person must—\n(c) be eligible to be appointed by the court as a liquidator under the\nCorporations Act, section 472; and\n\nRule 15A.6\n(d) have filed a Consent to Act that states an address for service for\nthe person within Australia.\nNote See approved form 19 (Consent to act as designated person) AF2010-149.\n15A.6 Notice of filing application for recognition\n(1) Unless the court otherwise orders, the plaintiff in a proceeding\nmentioned in rule 15A.3 must—\n(a) send a notice of filing the application to each person whose\nand\n(b) publish a notice of filing the application for recognition of a\nforeign proceeding in a daily newspaper circulating generally in\nthe State or Territory of the defendant’s principal, or last known,\nNote See approved form 20 (Notice of filing of application for recognition of\nforeign proceeding) AF2008-149.\n(2) The court may direct the plaintiff to publish the notice in a daily\nnewspaper circulating generally in any State or Territory not\ndescribed in subrule (1) (b).\n15A.7 Notice of order for recognition, withdrawal etc\n(1) If the court makes an order for recognition of a foreign proceeding\nunder the Model Law, article 17 or makes any order under the Model\nLaw, article 19 or 21, the plaintiff must, as soon as practicable after\nthe order is made, do all of the following:\n(a) have the order entered;\n(b) serve a copy of the entered order on the defendant;\n(c) send a notice of the making of the order to each person whose\nNote See approved form 21 (Notice of making of order under the Cross-\nBorder Insolvency Act 2008) AF2008-150.\n\nRule 15A.8\n(d) publish the notice of the making of the order in a daily\nnewspaper circulating generally in the State or Territory of the\ndefendant’s principal, or last known, place of business.\n(2) The court may direct the plaintiff to publish the notice in a daily\nnewspaper circulating generally in any state or territory not described\nin subrule (1) (d).\n(3) If the application for recognition is dismissed or withdrawn, the\nplaintiff must, as soon as practicable, do all of the following:\n(a) for a dismissal—have the order of dismissal entered;\n(b) serve a copy of the entered order of dismissal, or notice of the\nwithdrawal, on the defendant;\n(c) send a notice of the dismissal or withdrawal to each person\nwhose claim to be a creditor of the defendant is known to the\nplaintiff;\nNote See approved form 22 (Notice of dismissal or withdrawal of\napplication for recognition of foreign proceeding) AF2008-151.\n(d) publish the notice of the dismissal or withdrawal in a daily\nnewspaper circulating generally in the State or Territory of the\ndefendant’s principal, or last known, place of business.\n(4) The court may direct the plaintiff to publish the notice of the dismissal\nor withdrawal in a daily newspaper circulating generally in any State\nor Territory not described in subrule (3) (d).\n15A.8 Relief after recognition\n(1) If the court has made an order for recognition of a foreign proceeding,\nany application by the plaintiff for relief under the Model Law,\narticle 21, paragraph 1 must be made by filing an interlocutory\nprocess, and any supporting affidavit.\n\nRule 15A.9\n(2) Unless the court otherwise orders, an interlocutory process under\nsubrule (1) and any supporting affidavit must be served in accordance\nwith rule 2.7 (2) but on the following people:\n(a) the defendant;\n(b) any person that the court directed be served with the originating\nprocess by which the application for recognition was made;\n(c) any other person that the court directs.\n(3) A person who intends to appear before the court at the hearing of an\napplication under subrule (1) must file and serve the documents\n15A.9 Application to modify or terminate order for recognition\nor other relief\n(a) an application under the Model Law, article 17, paragraph 4 for\nan order modifying or terminating an order for recognition of a\nforeign proceeding; and\n(b) an application under the Model Law, article 22, paragraph 3 for\nan order modifying or terminating relief granted under the\nModel Law, article 19 or 21.\n(2) An application mentioned in subrule (1) must be made by filing an\n(3) An interlocutory process for an application under subrule (1) and any\nsupporting affidavit must be served on—\n(a) for an application under subrule (1) (a)—the defendant and any\nother people who were served with, or filed a notice of\nappearance in relation to, the application for recognition; and\n\nRule 15A.10\n(b) for an application under subrule (1) (b)—the defendant and any\nother people who were served with, or filed a notice of\nappearance in relation to, the application for relief under the\nModel Law, article 19 or 21.\n(4) Unless the court otherwise orders, a plaintiff who applies for an order\nunder subrule (1) must—\n(a) send a notice of filing the application to each person whose\nand\nNote See approved form 23 (Notice of filing of application to modify or\nterminate an order for recognition or other relief) AF2008-152.\n(b) publish the notice of filing the application in a daily newspaper\ncirculating generally in the State or Territory of the defendant’s\nprincipal, or last known, place of business.\n(5) The court may direct the applicant to publish the notice of filing the\napplication in a daily newspaper circulating generally in any State or\nTerritory not described in subrule (4) (b).\n(6) A person who intends to appear before the court at the hearing of an\napplication under subrule (1) must file and serve the documents\nDivision 6.15A.3 Cooperation with foreign courts and\n15A.10 Cooperation involving court to be under coordination\nagreement\n(a) a foreign proceeding and a local proceeding in relation to the\nsame debtor are taking place concurrently within the meaning of\nthe Model Law, article 1 (c) (concurrent proceedings); or\n\nCooperation with foreign courts and representatives Division 6.15A.3\nRule 15A.10\n(b) assistance is sought in Australia by a foreign court or foreign\nrepresentative in relation to a foreign proceeding or is sought in\na foreign state in relation to a local proceeding in relation to a\ndebtor within the meaning of the Model Law, article 1 (a) and\narticle 1 (b) (cross-border assistance); or\n(c) creditors or other interested people in a foreign state have an\ninterest in requesting the commencement of participation in a\nlocal proceeding in relation to a debtor within the meaning of\nthe Model Law, article 1 (d) (foreign party participation).\n(2) Subject to subrule (5), coordination of concurrent proceedings under\nthe Model Law, article 27 (e) is to take place under a coordination\nagreement approved by the court under rule 15A.11.\n(3) Subject to subrule (5), coordination of the administration and\nsupervision of a debtor’s assets and affairs under the Model Law,\narticle 27 (c) that involves the court is to take place under a\ncoordination agreement approved by the court under rule 15A.11.\n(4) Subject to subrule (5), any other form of cooperation under the Model\nLaw, article 27 that involves the court is to take place under a\ncoordination agreement approved by the court under rule 15A.11.\n(5) The court may, on application by a party or on its own motion, order\nthat a form of cooperation under subrule (2), (3) or (4) is to proceed\nother than under a coordination agreement approved by the court\nunder rule 15A.11.\n(6) An application by a party under subrule (5)—\n(a) subject to paragraph (b), must be made by originating process;\nand\n(b) may, if a proceeding has been started in the court in relation to\nthe debtor under these rules, be made by interlocutory process\nin that proceeding; and\n\nRule 15A.11\n(c) must be supported by an affidavit identifying the form and\nsubstance of cooperation sought, the grounds for seeking it and\nthe provisions of the Global Guidelines that the party proposes\napply to the cooperation.\n(7) If the court makes an order under subrule (5), the court must\ndetermine which provisions of the Global Guidelines apply to the\ncooperation.\n15A.11 Application for approval of coordination agreement\n(1) A coordination agreement that involves the court is subject to the\napproval of the court.\n(2) An application under subrule (1)—\n(a) subject to paragraph (b), must be made by originating process;\nand\n(b) may, if a proceeding has been started in the court in relation to\na debtor under these rules, be made by interlocutory process in\n(3) An application under subrule (1) must be supported by an affidavit—\n(a) exhibiting the coordination agreement; and\n(b) identifying the manner in which the agreement involves the\n(c) identifying all relevant foreign proceedings; and\n(d) identifying and providing contact details for all relevant foreign\ncourts; and\n(e) identifying all relevant foreign representatives; and\n(f) identifying any local liquidator or controller appointed in\nrelation to the debtor’s local property.\n\nCooperation with foreign courts and representatives Division 6.15A.3\nRule 15A.12\n(4) When filing the application, the applicant must file, but need not\nserve, an interlocutory process seeking directions as to service, and\nthe court may give any directions about service, and make any\nincidental orders, which it considers just.\n(5) The applicant must serve a copy of the application and supporting\naffidavit—\n(a) unless the court otherwise orders, on the parties to the\nproceeding under rule 2.7 (1); and\n(b) on any other people the court may direct at the hearing of the\n(6) A person who intends to appear before the court at the hearing of the\napplication must file and serve the documents mentioned in rule 2.9.\n15A.12 Appointment of independent intermediary\n(1) This rule applies if the court has made or is contemplating making an\norder under rule 15A.10 (Cooperation involving court to be under\ncoordination agreement) or has approved or is contemplating\napproving a coordination agreement under rule 15A.11.\n(2) The court may, on application by a party or on its own motion, order\nthat an independent intermediary under Global Principle 23, be\nappointed to carry out any tasks in accordance with the conditions (if\nany) the court states.\n(3) An application by the party under subrule (2) must be accompanied\nby an affidavit identifying the following matters:\n(a) the proposed independent intermediary;\n(b) the qualifications of the intermediary by reference to Global\nPrinciple 23 (5);\n(c) the grounds for appointment of the intermediary;\n\nRule 15A.13\n(d) the tasks proposed to be performed by the intermediary;\n(e) the proposed remuneration of the intermediary.\n15A.13 Starting proceeding after recognition of a foreign main\n(1) This rule applies if a foreign main proceeding in relation to a debtor\nhas been recognised under division 6.15A.2 (Recognition of a foreign\nproceeding) of the rules or of corresponding rules in the Federal Court\nof Australia or Supreme Court of a State or Territory of Australia.\n(2) A party who wishes to start a local proceeding in relation to the debtor\nor the debtor’s assets which is governed by the Model Law, article 28\nmust file with the originating process an affidavit—\n(a) exhibiting the order recognising the foreign main proceeding;\nand\n(b) identifying the assets of the debtor in Australia; and\n(c) identifying any other assets of the debtor that under the law of\nthe Commonwealth should be administered in the local\nDivision 6.15A.5 General\n15A.14 Proof of orders or documents of foreign courts\n(1) This rule applies if an apparently authentic order or document of a\nforeign court is received by the court directly from the foreign court\nby physical or electronic delivery under provisions governing the\ntransmission of the documents contained in—\n(a) an order under rule 15A.10 (Cooperation involving court to be\nunder coordination agreement); or\n\nGeneral Division 6.15A.5\nRule 15A.15\n(b) a coordination agreement approved by the court under\nrule 15A.11 (Application for approval of coordination\nagreement).\n(2) Unless the court otherwise orders, the order or document of the\nforeign court is presumed to be authentic in the absence of evidence\nto the contrary.\n15A.15 Service in accordance with service list\n(a) a service list has been agreed under a coordination agreement\napproved by the court under rule 15A.11; or\n(b) a service list has been established under an order by the court\nunder rule 15A.10.\n(2) Unless the court otherwise orders, the following applications must be\nserved on all people named in the service list to which this rule applies\nthat is applicable to the application:\n(a) an application for recognition under rule 15A.3;\n(b) an application to modify or terminate an order for recognition\nunder rule 15A.9;\n(c) an application for relief after recognition under rule 15A.8.\n(3) If any application not governed by subrule (2) is made, the court may\ndirect that the application be served on some or all people named in\nthe service list to which this rule applies that is applicable to the\n\nPart 6.16\nPart 6.16\nNote This part of the uniform corporations rules has not been included.\nThese rules deal with the powers of the court that may be exercised by\nthe registrar of the court (see pt 6.5 (Registrar) and sch 5 (Jurisdiction of\nregistrar)).\n\n(see r 7)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• adult\n• asset\n• bank holiday\n• business day\n• child\n• corporation\n• Corporations Act\n• correctional centre\n• document\n• domestic partner\n• entity\n• external territory\n• fail\n• foreign country\n• home address\n• instrument (see s 14)\n• NSW correctional institution\n• person\n• position\n• property\n• public holiday\n• public servant\n• solicitor\n• territory law.\naccount, for a financial institution, for part 2.18 (Enforcement)—see\n\naccounting party, for division 2.20.2 (Taking accounts)—see\nrule 2720.\naccused person—\n(a) for division 4.1.1A (Criminal proceedings—representation)—\nsee rule 4000A; and\n(b) for division 4.1.2 (Criminal proceedings—service)—see\nrule 4005; and\n(c) for part 4.3 (Supreme Court criminal proceedings)—see\nrule 4700; and\n(d) for division 4.3.3 (Supreme court criminal proceedings—\nbail)—see rule 4720.\nactive party, to a proceeding, means a party who has an address for\nservice in the proceeding, other than a party—\n(i) against whom judgment has been entered in the\n(ii) in relation to whom the proceeding has been dismissed,\nwithdrawn, discontinued or permanently stayed; and\n(b) against whom there is no further claim in the proceeding.\nadditional authority, for division 6.8.12 (Service under the Hague\naddressee, for a subpoena, means the person who is the subject of the\norder expressed in the subpoena.\naddress for service, in relation to a proceeding (including a\nproceeding on an application in the proceeding), means—\n(a) for a person represented by a solicitor in the proceeding—\n(i) if the solicitor has a place of business in the ACT—\n(A) the business address; and\n\n(B) an email address; and\n(C) if the solicitor gives the court a postbox number at a\npost office in the ACT—the postbox number; or\n(ii) in any other case—\n(A) the solicitor’s business address in Australia; and\n(B) an email address; and\n(C) if the solicitor gives the court a postbox number at a\npost office in Australia—the postbox number; or\n(b) for a plaintiff, defendant or anyone else acting in person in a\ncivil proceeding—\n(i) if the person has a home or place of business in the ACT—\nthe home or business address, and any of the following,\ngiven by the person to the court for the proceeding:\n(A) a postbox number at a post office in the ACT;\n(ii) in any other case—the address of a place in Australia, and\nany of the following, given by the person to the court for\nthe proceeding:\n(c) for an accused person or convicted person acting in person—\n(i) if the person is in custody—the address of the place of\ncustody, whether in or outside the ACT; or\n(ii) if the person is granted bail—the address given for bail,\nwhether in or outside the ACT, and any of the following,\ngiven by the person to the court for the proceeding:\n\n(iii) in any other case—the address for service (if any), whether\nin or outside the ACT, given by the person to the registrar,\nand any of the following, given by the person to the court\nfor the proceeding:\n(d) for the director of public prosecutions—the director’s business\naddress in the ACT, and any of the following, given by the\ndirector to the court for the proceeding:\n(i) a postbox number at a post office in the ACT;\n(ii) an email address.\nAdministration and Probate Act, for part 3.1 (Administration and\nprobate)—see rule 3000.\nadministration bond, for part 3.1 (Administration and probate)—see\nrule 3045.\nadmission, for part 3.11 (Legal profession)—see rule 3600.\nAdoption Act, for part 3.2 (Adoption)—see rule 3150.\nadoption proceeding, for part 3.2 (Adoption)—see rule 3150.\naffidavit in support, for division 2.11.3 (Default by defendant)—see\nrule 1119.\namendment order, for part 3.2 (Adoption)—see rule 3150.\nancillary order, for division 2.9.4 (Injunctions and similar orders)—\nsee rule 742.\nanother court, for subdivision 2.9.4.2 (Freezing orders)—see\nrule 740.\nAPLEC, for part 3.11 (Legal profession)—see rule 3600.\n\nappeal—\n(a) for part 5.2 (Appeals from registrar)—see rule 5010; and\n(b) for part 5.3 (Appeals to Supreme Court)—see rule 5050; and\n(c) for division 5.4.4 (Appeals to Court of Appeal—procedure\ngenerally), division 5.4.5 (Appeals to Court of Appeal—appeal\npapers and hearing) and division 5.4.6 (Appeals to Court of\nAppeal—ending all or part of appeal)—see rule 5400; and\n(d) for division 5.4.7 (Appeals to Court of Appeal—convictions and\nsentences)—see rule 5500; and\n(e) for part 5.8 (Written cases)—see rule 5850.\nappearance date, for part 4.3 (Supreme Court criminal\nproceedings)—see rule 4731.\nappellant, for part 5.8 (Written cases)—see rule 5850.\nappellate proceeding means a proceeding to which chapter 5 applies.\nNote For the proceedings to which ch 5 applies, see the following rules:\n• r 5011 (Application—pt 5.2)\n• r 5051 (Application—pt 5.3)\n• r 5070 (Application—div 5.3.2)\n• r 5081 (Application—div 5.3.3)\n• r 5310 (Application—div 5.4.2)\n• r 5331 (Application—div 5.4.3)\n• r 5401 (Application—divs 5.4.4-5.4.6)\n• r 5505 (Application—sdiv 5.4.7.2)\n• r 5520 (Application of div 5.4.3 to certain appeals by DPP)\n• r 5800 (Application—div 5.7.1)\n• r 5851 (Application of pt 5.8 to div 5.6.1 etc).\napplicable convention, in relation to a request issued by or on behalf\nof a court or tribunal of a foreign country, for division 6.10.9 (Taking\nevidence for Australian and foreign courts and tribunals)—see\nrule 6840.\n\napplicant—\n(a) for subdivision 2.9.4.2 (Freezing orders)—see rule 740; and\n(b) for subdivision 2.9.4.3 (Search orders)—see rule 750; and\n(c) for division 5.6.1 (Reference appeals—Supreme Court)—see\n(d) for division 5.6.2 (Reference appeals—Court of Appeal)—see\nrule 5770; and\n(e) for division 6.8.12 (Service under the Hague Convention)—see\nrule 6550; and\n(f) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.\napplication, in a proceeding—see rule 6006 (Application—pt 6.2).\napplication for a costs assessment, for part 3.11 (Legal profession)—\nsee rule 3600.\napplication for admission, for part 3.11 (Legal profession)—see\napproved academic institution, for part 3.11 (Legal profession)—see\napproved course of study, for part 3.11 (Legal profession)—see\napproved form means a form approved under the Court Procedures\nAct 2004, section 8 for these rules.\napproved PLT course, for part 3.11 (Legal profession)—see\napproved PLT provider, for part 3.11 (Legal profession)—see\napproved subject, for part 3.11 (Legal profession)—see rule 3600.\narbitration, for part 3.13 (Workers compensation)—see rule 3900.\n\nASIC Act, for schedule 6 (Corporations Rules)—see schedule 6,\nrule 1.5.\nassessed costs means costs and disbursements assessed under\npart 2.17 (Costs).\nattached to a document includes incorporated into the document.\nAustralia, for division 6.8.9 (Service out of Australia)—see\nrule 6500.\nAustralian court, for division 6.10.9 (Taking evidence for Australian\nand foreign courts and tribunals)—see rule 6840.\nauthorised DX system means the document exchange approved by\npractice note.\nbailiff—see the Magistrates Court Act 1930, dictionary.\nbeneficiary, for division 2.20.4 (Executors, administrators and\ntrustees—accounts and commission)—see rule 2745.\nbusiness—see the Business Names Registration Act 2011 (Cwlth),\nsection 4.\nbusiness name—see the Business Names Registration Act 2011\n(Cwlth), section 3.\ncarrying on, a business—see the Business Names Registration\nAct 2011 (Cwlth), section 3.\ncase statement, for part 4.3 (Supreme Court criminal proceedings)—\nsee rule 4732.\ncase summary, for division 5.4.4 (Appeals to Court of Appeal—\nprocedure generally)—see rule 5400A.\ncaveator, for division 3.1.7 (Caveats)—see rule 3065.\ncentral authority, for division 6.8.12 (Service under the Hague\ncertificate of service, for division 6.8.12 (Service under the Hague\n\ncertifying authority, for division 6.8.12 (Service under the Hague\ncertiorari order, for part 3.10 (Judicial review)—see rule 3550.\ncharging order—see rule 2401.\ncivil proceeding does not include—\n(a) a criminal proceeding; or\n(b) a forensic proceeding.\nclaim, for part 3.13 (Workers compensation)—see rule 3900.\nclaim for relief includes—\n(a) a claim for possession of land; and\n(b) a claim for delivery of goods; and\n(c) a claim for the recovery of damages or another amount; and\n(d) a claim for a declaration of right; and\n(e) a claim for the decision of the court on any issue; and\n(f) any other claim (whether legal, equitable or otherwise) that is\njusticiable in the court.\ncode of conduct, for part 2.12 (Expert evidence)—see rule 1201.\nCommercial Arbitration Act, for part 3.3 (Commercial arbitration)—\nsee rule 3250.\nconciliator, for division 3.13.8 (Workers compensation—dispute\nresolution conference for arbitration)—see rule 3944.\nconcurrent proceedings, for part 6.15A (Proceedings under the\nCross-Border Insolvency Act)—see rule 15A.10 (1) (a).\ncondition includes term.\n\nconduct money, for a subpoena, means an amount of money or its\nequivalent sufficient to meet the reasonable expenses of the addressee\nof attending as required by the subpoena and returning after attending.\nExample of equivalent of money\nprepaid travel\ncontractor, for part 3.13 (Workers compensation)—see the Workers\nCompensation Act, section 13 (Subcontracting).\nconvicted person, for division 5.4.7 (Appeals to Court of Appeal—\nconvictions and sentences)—see rule 5500.\nconvicted person’s application, for part 5.8 (Written cases)—see\nrule 5850.\nconviction—\n(a) for part 4.2 (Magistrates Court criminal proceedings)—see\n(b) for chapter 5 (Appellate proceedings)—see rule 5000.\ncoordination agreement, for part 6.15A (Proceedings under the\nCorporations Regulations, for schedule 6 (Rules for proceedings\nunder Corporations Act or ASIC Act)—see schedule 6, rule 1.5.\ncorrectional institution includes a NSW correctional institution.\ncosts of the proceeding, for a proceeding—see rule 1700.\n(a) for these rules generally—see rule 5 (1) and (2) (References to\ncourt, judicial officer etc); and\n(b) for part 5.4 (Appeals to Court of Appeal)—see rule 5300.\ncourt or tribunal, for part 5.3 (Appeals to Supreme Court)—see\nrule 5050.\n\ncriminal appellate proceeding, for part 5.1A (Criminal appellate\nproceedings—representation)—see rule 5002.\ncriminal proceeding means a proceeding against a person for an\noffence (whether summary or indictable); and\n(a) includes—\n(i) a committal proceeding; and\n(ii) a proceeding in relation to bail; and\n(iii) a proceeding in relation to sentence; but\n(i) an appellate proceeding; or\n(ii) in relation to a proceeding in the Supreme Court, for\ndivision 4.1.1A (Criminal proceedings—representation)—\nan application in relation to bail.\nCross-Border Insolvency Act, for schedule 6 (Corporations Rules)—\nsee schedule 6, rule 1.5.\nCross-vesting Act, for part 3.5 (Cross-vesting)—see rule 3300.\ncross-vesting law, for part 3.5 (Cross-vesting)—see rule 3300.\ncustody, for part 3.9 (Habeas corpus)—see rule 3500.\nCYP director-general, for part 3.2 (Adoption)—see rule 3150.\ndate of filing—see rule 6126 (2).\ndebt redirection order—see rule 2301 (1).\ndecision, for part 5.2 (Appeals from registrar)—see rule 5010.\ndefence, for chapter 2 (Civil proceedings generally), includes an\nanswer to a counterclaim.\n(a) for these rules generally—see rule 20; and\n\n(b) for division 2.18.17 (Enforcement—arrest warrant for\nabsconding defendants)—see rule 2551; and\n(c) for part 3.9 (Habeas corpus)—see rule 3500; and\n(d) for division 4.1.1A (Criminal proceedings—representation)—\nsee rule 4000A; and\n(e) for part 4.2 (Magistrates Court criminal proceedings)—see\n(f) for division 6.8.12 (Service under the Hague Convention)—see\nrule 6550; and\n(g) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.\ndeputy registrar—see rule 5 (5) (References to court, judicial officer\ndescribed, for subdivision 2.9.4.3 (Search orders)—see rule 750.\ndirector of public prosecutions includes the Director of Public\nProsecutions under the Director of Public Prosecutions Act 1983\nNote Director of public prosecutions is defined in the Legislation Act, dict,\npt 1 as the Director of Public Prosecutions under the Director of Public\nProsecutions Act 1990. This definition extends the definition to include\nthe Cwlth director.\ndischarging order, for part 3.2 (Adoption)—see rule 3150.\ndiscoverable document, for part 2.8 (Disclosure)—see rule 600.\ndispensing order, for part 3.2 (Adoption)—see rule 3150.\ndispute resolution conference, for division 3.13.8 (Workers\ncompensation—dispute resolution conference for arbitration)—see\nrule 3942.\ndivision 2.9.4 order—see rule 725.\ndivision 3.1.9 proceeding, for division 3.1.9 (Other probate\nproceedings)—see rule 3090.\n\ndocument, for part 2.8 (Disclosure)—see rule 600.\ndocument exchange box means a document exchange box in an\nauthorised DX system.\nearnings, of an enforcement debtor, for part 2.18 (Enforcement)—\nearnings redirection order—see rule 2350.\nelection application, for part 3.6 (Electoral matters)—see rule 3350.\nElectoral Act, for part 3.6 (Electoral matters)—see rule 3350.\nelectronic lodgment facility means an electronic system managed by\nthe court that allows for the electronic lodgment of documents with\nemail address means the mailing address to and from which an\nelectronic communication may be sent and received using the\ninternet, an intranet or other similar network.\nemployer, of an enforcement debtor, for part 2.18 (Enforcement)—\nenforceable money order, of the court—see rule 2000.\nenforceable non-money order, of the court, for part 2.18\n(Enforcement)—see rule 2000.\nenforcement creditor, for an enforceable money order of the court—\nenforcement debtor, for an enforceable money order of the court—\nenforcement hearing subpoena, for part 2.18 (Enforcement)—see\nenforcement hearing warrant, for part 2.18 (Enforcement)—see\nenforcement officer—see rule 2000.\n\nenforcement order, of the court—see rule 2000.\nestate—\n(a) for division 2.20.4 (Executors, administrators and trustees—\naccounts and commission)—see rule 2745; and\n(b) for part 3.1 (Administration and probate)—see rule 3000.\nEvidence Act means the Evidence Act 2011.\nexamination, for division 6.10.8 (Taking evidence otherwise than at\ntrial)—see rule 6810.\nexamination order, for division 6.10.8 (Taking evidence otherwise\nthan at trial)—see rule 6810.\nexamination summons, for schedule 6 (Corporations Rules),\npart 6.11—see schedule 6, rule 11.1.\nexaminer, in relation to an examination, for division 6.10.8 (Taking\nevidence otherwise than at trial)—see rule 6810.\nexempt property for part 2.18 (Enforcement)—see rule 2000.\nexpert, in relation to a proceeding—see rule 1202.\nexpert report, in relation to a proceeding—see rule 1202.\nexpert witness, in relation to a proceeding—see rule 1202.\nfamily violence proceeding means a proceeding under the Family\nViolence Act 2016.\nfiled—a document is filed in the court if the document is filed in\naccordance with rule 6121 (How documents may be filed).\nfiled electronically—a document is filed electronically in the court if\nthe document is sent to the court electronically using the electronic\nlodgment facility.\nfinal judgment, for division 5.4.3 (Appeals to Court of Appeal—\nleave to appeal out of time from final judgments)—see rule 5330.\n\nforeign confiscation order, for division 3.7.1 (Foreign confiscation\norders—registration)—see rule 3450.\nForeign Judgments Act, for part 3.8 (Foreign judgments—reciprocal\nenforcement)—see rule 3470.\nforeign judicial document, for division 6.8.12 (Service under the\nforeign party participation, for part 6.15A (Proceedings under the\nCross-Border Insolvency Act)—see rule 15A.10 (1) (c).\nforensic proceeding, for part 4.4 (Forensic proceedings)—\nsee rule 4800.\nforwarding authority, for division 6.8.12 (Service under the Hague\nfourth person, for division 2.18.7 (which is about regular redirections\nfrom financial institutions)—see rule 2330.\nfreezing order, for division 2.9.4 (Injunctions and similar orders)—\nsee rule 741.\nGlobal Guidelines, for part 6.15A (Proceedings under the\nGlobal Principles, for part 6.15A (Proceedings under the\ngovernment, for part 2.8 (Disclosure)—see rule 600.\ngrant of representation, for an estate, for division 3.1.7 (Caveats)—\nsee rule 3065.\nhabeas corpus order, for part 3.9 (Habeas corpus)—see rule 3500.\nHague Convention, for division 6.8.12 (Service under the Hague\nHague Convention country, for division 6.8.12 (Service under the\n\nhead of jurisdiction means—\n(a) in relation to the Supreme Court—the Chief Justice; or\n(b) in relation to the Magistrates Court—the Chief Magistrate.\nhearing includes trial.\nincorporated limited partnership—see the Partnership Act 1963,\nsection 51.\nin default, for a defendant—\n(a) for division 2.11.3 (Default by defendant)—see rule 1117\n(When is a defendant in default—generally); and\n(b) for division 2.11.4 (Default by defendant—partial defence)—\nsee rule 1137 (When is a defendant in default—partial defence).\ninitiating party, for division 5.7.1 (Questions referred—Supreme\nCourt)—see rule 5801.\ninitiating process, for division 6.8.12 (Service under the Hague\ninjury notice, for part 3.13 (Workers compensation)—see the\nWorkers Compensation Act, section 123 (The notice for an injury).\ninstalment order—see rule 2150.\ninstalment order agreement, for part 2.18 (Enforcement)—see\nrule 2157.\nissued, for a document filed in the court, means the document has\nbeen sealed or stamped by the court.\nissuing officer, for part 6.9 (Subpoenas)—see rule 6600 (1).\nissuing party, for a subpoena, for part 6.9 (Subpoenas)—see\nrule 6600 (1).\n\ninterested party—\n(a) for division 5.6.1 (Reference appeals—Supreme Court)—see\n(b) for division 5.6.2 (Reference appeals—Court of Appeal)—see\nrule 5770.\ninterest in a managed investment scheme—see the Corporations\nAct, section 9.\ninterlocutory process, for schedule 6 (Corporations Rules)—see\nschedule 6, rule 1.5.\ninterstate confiscation order, for division 3.7.2 (Interstate\nconfiscation orders—registration)—see rule 3460.\njudgment, for part 3.8 (Foreign judgments—reciprocal\nenforcement)—see rule 3470.\njudgment in favour of the defendant, for part 2.10 (Offers of\ncompromise)—see rule 1001.\njudicial officer—see rule 5 (3) (References to court, judicial officer\nJudicial Review Act, for part 3.10 (Judicial review)—see rule 3550.\njudicial review application, for part 3.10 (Judicial review)—see\nLACC, for part 3.11 (Legal profession)—see rule 3600.\nland, for division 2.9.6 (Sales of land by court order)—see rule 780.\nLegal Profession Act, for part 3.11 (Legal profession)—see\nliquidated demand means a claim for payment of a specific sum of\nmoney the amount of which is worked out or capable of being worked\nout by calculation, and includes a claim for interest up to judgment.\nlisting hearing means a hearing for directions under rule 1325.\n\nlist of documents, for part 2.8 (Disclosure)—see rule 600.\nlocal judicial document, for division 6.8.12 (Service under the Hague\nlocal proceeding, for part 6.15A (Proceedings under the\nmade, for an order that is a judgment, means given.\nmediation, for division 2.11.7 (Mediation and neutral evaluation)—\nsee rule 1176 (1).\nmediation session, for division 2.11.7 (Mediation and neutral\nevaluation)—see rule 1176 (2).\nModel Law, for schedule 6 (Corporations Rules)—see schedule 6,\nrule 1.5.\nmoney order—see rule 2000.\nmotor vehicle, for chapter 2 (Civil proceedings generally), means a\nmotor vehicle or trailer within the meaning of the Road Transport\n(General) Act 1999.\nneutral evaluation, for division 2.11.7 (Mediation and neutral\nevaluation)—see rule 1176 (3).\nneutral evaluation session, for division 2.11.7 (Mediation and\nneutral evaluation)—see rule 1176 (5).\nnon-money order—see rule 2000.\nnotice claiming contribution or indemnity, for chapter 2 (Civil\nproceedings generally)—see rule 319 (1).\nnotice for non-party production, for chapter 2 (Civil proceedings\ngenerally), means a notice under rule 660.\nnotice of intention to respond includes a conditional notice of\n\noffer, for part 2.10 (Offers of compromise)—see rule 1001.\nofficer, of a corporation, for part 2.18 (Enforcement)—see rule 2000.\nopposite party means defendant (in relation to a plaintiff) and plaintiff\n(in relation to a defendant).\norder—\n(a) for these rules generally—includes a judgment, decree, direction\nor decision, whether or not final; and\n(b) for part 4.2 (Magistrates Court criminal proceedings)—see\n(c) of a court or tribunal, for part 5.3 (Appeals to Supreme Court)—\nsee rule 5050; and\n(d) for division 5.4.4 (Appeals to Court of Appeal—procedure\ngenerally), division 5.4.5 (Appeals to Court of Appeal—appeal\npapers and hearing) and division 5.4.6 (Appeals to Court of\nAppeal—ending all or part of appeal)—see rule 5400.\norder debt, for an enforceable money order of the court, for part 2.18\n(Enforcement)—see rule 2000.\norder for access to identifying information, for part 3.2\n(Adoption)—see rule 3150.\norder for delivery of possession of land—see rule 2451.\norder for seizure and delivery of goods—see rule 2460.\norder for seizure and detention of property—see rule 2470.\noriginating process—\n(a) for these rules generally—means an originating claim,\noriginating application or application for arbitration; and\n(b) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.\n\nout of time—\n(a) for division 5.3.3 (Appeals to Supreme Court—leave to appeal\nout of time)—see rule 5080; and\n(b) for division 5.4.3 (Appeals to Court of Appeal—leave to appeal\nout of time from final judgments)—see rule 5330; and\n(c) for division 5.4.7 (Appeals to Court of Appeal—convictions and\nsentences)—see rule 5500.\npartner, for part 2.18 (Enforcement)—see rule 2000.\npartnership—see the Partnership Act 1963, section 6.\npartnership proceeding, for division 2.4.10 (Partnerships)—see\nrule 285.\n(a) for part 2.17 (Costs)—see rule 1700; and\n(b) for a criminal proceeding—includes an accused person and the\ndirector of public prosecutions.\nperiod of acceptance, for an offer, for part 2.10 (Offers of\ncompromise)—see rule 1001.\npersonal violence proceeding means a proceeding under the\nPersonal Violence Act 2016.\nperson with a legal disability means—\n(a) a child; or\n(b) a person with a mental disability.\nperson with a mental disability, for a proceeding, means a person\nwho is not legally competent to be a party to the proceeding, and\nincludes the person even if a guardian or manager has not been\nappointed for the person under the Guardianship and Management of\nProperty Act 1991.\n\nplaintiff—\n(a) for these rules generally—see rule 20; and\n(b) for division 2.18.17 (Enforcement—arrest warrants for\nabsconding defendants)—see rule 2551; and\n(c) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.\npleading—\n(a) includes—\n(i) a statement of claim; and\n(ii) a defence; and\n(iii) a reply; and\n(iv) a counterclaim made in a proceeding started by originating\nclaim or third-party notice; and\n(v) an answer to a counterclaim; and\n(vi) a response to an answer to a counterclaim; and\n(vii) an affidavit ordered to be treated as pleadings; and\n(viii) an application for arbitration; and\n(ix) an answer to an application for arbitration; and\n(x) a third-party notice for an arbitration; but\n(i) an originating claim; or\n(ii) an originating application; or\n(iii) a third-party notice other than a third-party notice for an\narbitration; or\n(iv) an application in a proceeding.\nNote A pleading must comply with pt 2.6 (Pleadings).\n\npossession, in relation to something other than land, includes custody\nand power.\npractice direction, for part 5.4 (Appeals to Court of Appeal)—see\nrule 5300A.\npractice note means a practice note under rule 6907.\npremises, for subdivision 2.9.4.3 (Search orders)—see rule 750.\nprepaid post includes post that is paid for after it is posted if—\n(a) it is accepted for delivery by post; and\n(b) the postage is not paid (or to be paid) by the person to whom it\nis delivered (or to be delivered).\nA person has a contract with Australia Post under which Australia Post periodically\nbills the person for items given by the person to Australia Post for delivery.\nprerogative injunction, for part 3.10 (Judicial review)—see\nprerogative order, for part 3.10 (Judicial review)—see rule 3550.\nprerogative relief, for part 3.10 (Judicial review)—see rule 3550.\nprescribed costs amount, for part 2.11.1 (Uncontested debts and\nliquidated demands)—see rule 1100.\nprescribed offender, for part 4.4 (Forensic proceedings)—see\nrule 4800.\nprescribed scale of costs—\n(a) for part 2.17 (Costs)—see rule 1700; and\n(b) for part 3.13 (Workers compensation)—see rule 3900.\nprincipal, for part 3.13 (Workers compensation)—see the Workers\nCompensation Act, section 13 (Subcontracting).\nprincipal officer, of a corporation, for part 2.18 (Enforcement)—see\n\nprivileged from production, for part 2.8 (Disclosure)—see rule 601.\nproceeding, for division 6.10.9 (Taking evidence for Australian and\nforeign courts and tribunals)—see rule 6840.\nprohibition order, for part 3.10 (Judicial review)—see rule 3550.\nqualified person, for division 2.11.3 (Default by defendant)—see\nrule 1115.\nquestion, for part 2.15 (Trial)—see rule 1500.\nquestion referred—\n(a) to the Supreme Court, for division 5.7.1 (Questions referred—\nSupreme Court)—see rule 5801; and\n(b) to the Court of Appeal, for division 5.7.2 (Questions referred—\nCourt of Appeal)—see rule 5831.\nquo warranto order, for part 3.10 (Judicial review)—see rule 3550.\n(a) for division 5.6.1 (Reference appeals—Supreme Court)—see\n(b) for division 5.6.2 (Reference appeals—Court of Appeal)—see\nrule 5770.\nreferring court or tribunal, for division 5.7.1 (Questions referred—\nSupreme Court)—see rule 5800.\nregister—\n(a) for division 3.7.1 (Foreign confiscation orders—registration)—\nsee rule 3450; and\n(b) for division 3.7.2 (Interstate confiscation orders—\nregistration)—see rule 3460.\nregistered email address means a registered user’s email address for\nfiling documents electronically in the court.\n\nregistered user means a person registered to file documents\nelectronically in the court.\nregistrar—\n(a) for these rules generally—see rule 5 (4) (References to court,\njudicial officer etc); and\n(b) of a court or tribunal, for part 5.3 (Appeals to Supreme Court)—\nsee rule 5050; and\n(c) for division 6.8.12 (Service under the Hague Convention)—see\nrule 6550.\nregistry—see rule 5 (6) (References to court, judicial officer etc).\nregular debt, for part 2.18 (Enforcement)—see rule 2332.\nregular deposit, for division 2.18.7 (which is about regular\nredirections from financial institutions)—see rule 2330.\nregular redirection order—see rule 2332.\nrelevant law, in relation to an appeal, for part 5.3 (Appeals to\nSupreme Court)—see rule 5050.\nrelevant party, to a criminal appellate proceeding, for part 5.1A\n(Criminal appellate proceedings—representation)—see rule 5002.\nrelief includes remedy.\nreply includes a response to an answer to a counterclaim.\nrepresentative, for part 3.13 (Workers compensation)—see\nrule 3900.\nrequest, for division 6.10.9 (Taking evidence for Australian and\nforeign courts and tribunals)—see rule 6840.\nrequest for service abroad, for division 6.8.12 (Service under the\nrequest for service in the ACT, for division 6.8.12 (Service under the\n\nrequesting court, in relation to a request or an order under rule 6843\nmade on a request, for division 6.10.9 (Taking evidence for\nAustralian and foreign courts and tribunals)—see rule 6840.\n(a) in relation to a notice for non-party production, for part 2.8\n(Disclosure)—see rule 600; and\n(b) for subdivision 2.9.4.2 (Freezing orders)—see rule 740; and\n(c) for subdivision 2.9.4.3 (Search orders)—see rule 750; and\n(d) for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.\nreturn date means—\n(a) for an application—the date (if any) set by the court for the\napplication to be next before the court; and\n(b) for a subpoena—the date set by the court for the subpoena to be\ncomplied with.\nreview order, for part 5.5 (Orders to review Magistrates Court\ndecisions)—see rule 5700.\nschedule of correspondence, for part 6.2 (Applications in\nproceedings)—see rule 6005.\nscript, for division 3.1.9 (Other probate proceedings)—see rule 3090.\nsealed, for a document, means stamped with the court’s seal.\nsearch order, for division 2.9.4 (Injunctions and similar orders)—see\nrule 751.\nsecurity interest, for part 2.18 (Enforcement)—see rule 2401.\nseizure and sale order—see rule 2200.\nsenior officer, of a corporation, for part 2.18 (Enforcement)—see\n\nsentence—\n(a) for part 4.3 (Supreme Court criminal proceedings)—see\nrule 4700; and\n(b) for chapter 5 (Appellate proceedings)—see rule 5000.\nserious offender, for part 4.4 (Forensic proceedings)—see rule 4800.\nservice list, for part 6.15A (Proceedings under the Cross-Border\nInsolvency Act)—see rule 15A.2 (3).\nset aside means—\n(a) for a document—the document cannot be relied on in a\n(b) for anything else—the thing stops having effect.\nsheriff—see the Court Procedures Act 2004, section 40.\nsheriff’s officer—see the Court Procedures Act 2004, section 40.\nsolicitor—to remove any doubt, solicitor includes a firm of solicitors.\nspecial federal matter, for part 3.5 (Cross-vesting)—see rule 3300.\nstamped, for a document, means stamped under rule 6304.\nstatutory order of review, for part 3.10 (Judicial review)—see\nsubpoena means an order in writing requiring the addressee—\n(a) to attend to give evidence; or\n(b) to produce the subpoena or a copy of it and a document or thing;\nor\n(c) to do both of those things.\nsubpoenaed document or thing, for division 6.10.5 (Exhibits,\ndocuments and things)—see rule 6760.\nsubpoena to attend to give evidence, for part 6.9 (Subpoenas)—see\nrule 6600 (2).\n\nsubpoena to produce, for part 6.9 (Subpoenas)—see rule 6600 (3).\nsupporting affidavits, for an originating application—see rule 60 (4)\n(Content of originating application).\nsupporting material, for an application, for part 5.4 (Appeals to Court\nof Appeal)—see rule 5300A.\nsupporting material, for an application in a proceeding, for part 6.2\n(Applications in proceedings)—see rule 6005.\nSupreme Court—\n(a) for division 5.7.1 (Questions referred—Supreme Court)—see\nrule 5801; and\n(b) for division 5.7.2 (Questions referred—Court of Appeal)—see\nrule 5831.\nthe Act, for part 4.4 (Forensic proceedings)—see rule 4800.\nthe Crimes Act, for part 4.4 (Forensic proceedings)—see rule 4800.\nthese rules include the practice notes and approved forms.\nthird party—see rule 322 (2) (b) (Third-party notice—fourth and\nsubsequent parties).\nthird-party notice—see rule 322 (2) (c) (Third-party notice—fourth\nand subsequent parties).\nthird-party respondent, for part 3.13 (Workers compensation)—see\nrule 3920 (Arbitration—including other parties).\nthird person, for division 2.18.6 (which is about debt redirection\norders generally)—see rule 2300 (1).\nTrans-Tasman Proceedings Act means the Trans-Tasman\nProceedings Act 2010 (Cwlth).\n\ntribunal—\n(a) for part 5.3 (Appeals to Supreme Court)—see rule 5050; and\n(b) for division 5.7.1 (Questions referred—Supreme Court)—see\nrule 5801.\ntrustee, for part 2.17 (Costs)—see rule 1700.\nundefended part of the claim, for division 2.11.4 (Default by\ndefendant—partial defence)—see rule 1137.\nusual undertaking as to damages, for part 2.9 (Preservation of rights\nand property)—see rule 700.\nWorkers Compensation Act, for part 3.13 (Workers\ncompensation)—see rule 3900.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCourt Procedures Rules 2006 SL2006-29\nnotified LR 16 June 2006\nr 1, r 2 commenced 16 June 2006 (LA s 75 (1))\nremainder commenced 1 July 2006 (r 2)\nas amended by\nCourt Procedures Amendment Rules 2006 (No 1) SL2006-43\nnotified LR 14 August 2006\nr 1, r 2 commenced 14 August 2006 (LA s 75 (1))\nremainder commenced 15 August 2006 (r 2)\nCourt Procedures Amendment Rules 2006 (No 2) SL2006-58\nnotified LR 18 December 2006\nr 1, r 2 commenced 18 December 2006 (LA s 75 (1))\nremainder commenced 1 January 2007 (r 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.24\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.24 commenced 12 April 2007 (s 2 (1))\nCourt Procedures Amendment Rules 2007 (No 1) SL2007-16\nnotified LR 25 June 2007\nr 1, r 2 commenced 25 June 2007 (LA s 75 (1))\nremainder commenced 1 July 2007 (r 2)\nLegal Profession Amendment Act 2007 A2007-28 sch 1 pt 1.1\nnotified LR 28 September 2007\ns 1, s 2 commenced 28 September 2007 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 October 2007 (s 2)\nCourt Procedures Amendment Rules 2007 (No 2) SL2007-37\nnotified LR 20 December 2007\nr 1, r 2 commenced 20 December 2007 (LA s 75 (1))\nremainder commenced 1 January 2008 (r 2)\n\nCourt Procedures Amendment Rules 2008 (No 1) SL2008-25\nnotified LR 26 June 2008\nr 1, r 2 commenced 26 June 2008 (LA s 75 (1))\nr 11, r 12, r 17 commenced 29 July 2008 (r 2 (2) and see Justice and\nCommunity Safety Legislation Amendment Act 2008 (No 2) A2008-22\ns 2)\nremainder commenced 1 July 2008 (r 2 (1))\nNote The Justice and Community Safety Legislation Amendment Act\n2008 (No 2) A2008-22 was the Justice and Community Safety\nLegislation Amendment Bill 2008 when these rules were made\non 18 June 2008.\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.6, sch 4 pt 4.6\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.6 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.6 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nCourt Procedures Amendment Rules 2008 (No 2) SL2008-44\nnotified LR 29 September 2008\nr 1, r 2 commenced 29 September 2008 (LA s 75 (1))\nremainder commenced 1 October 2008 (r 2)\nCourt Procedures Amendment Rules 2008 (No 3) SL2008-50\nnotified LR 23 December 2008\nr 1, r 2 commenced 23 December 2008 (LA s 75 (1))\nr 6 commenced 30 May 2009 (r 2 (2) and see Crimes Legislation\nAmendment Act 2008 A2008-44, s 2 and CN2009-4)\nremainder commenced 1 January 2009 (r 2 (1))\nCourt Procedures Amendment Rules 2009 (No 1) SL2009-11\nnotified LR 27 March 2009\nr 1, r 2 commenced 27 March 2009 (LA s 75 (1))\nremainder commenced 30 March 2009 (r 2 and see Domestic Violence\nand Protection Orders Act 2008 A2008-46 s 2)\n\nCourt Procedures Amendment Rules 2009 (No 2) SL2009-32\nnotified LR 29 June 2009\nr 1, r 2 commenced 29 June 2009 (LA s 75 (1))\nremainder commenced 1 July 2009 (r 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.15\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.15 commenced 17 December 2009 (s 2)\nCourt Procedures Amendment Rules 2009 (No 3) SL2009-56\nnotified LR 17 December 2009\nr 1, r 2 commenced 17 December 2009 (LA s 75 (1))\nremainder commenced 1 January 2010 (r 2)\nHealth Legislation Amendment Act 2010 A2010-2 sch 1 pt 1.2\nnotified LR 16 February 2010\ns 1, s 2 commenced 16 February 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 16 August 2010 (s 2 and LA s 79)\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.3\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2010 (s 2)\nCourt Procedures Amendment Rules 2010 (No 1) SL2010-24\nnotified LR 30 June 2010\nr 1, r 2 commenced 30 June 2010 (LA s 75 (1))\nremainder commenced 1 July 2010 (r 2)\nCourt Procedures Amendment Rules 2010 (No 2) SL2010-51\nnotified LR 16 December 2010\nr 1, r 2 commenced 16 December 2010 (LA s 75 (1))\nremainder commenced 1 January 2011 (r 2)\nCourt Procedures Amendment Rules 2011 (No 1) SL2011-6\nnotified LR 28 February 2011\nr 1, r 2 commenced 28 February 2011 (LA s 75 (1))\nremainder commenced 1 March 2011 (r 2)\n\nCourt Procedures Amendment Rules 2011 (No 2) SL2011-17\nnotified LR 30 June 2011\nr 1, r 2 commenced 30 June 2011 (LA s 75 (1))\nr 12, r 41, r 47 commenced 21 September 2011 (r 2 (1) and see\nStatute Law Amendment Act 2011 (No 2) A2011-28, s 2 (1))\nremainder commenced 1 July 2011 (r 2 (2))\nCriminal Proceedings Legislation Amendment Act 2011 A2011-20\nsch 1 pt 1.1\nnotified LR 6 July 2011\ns 1, s 2 commenced 6 July 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 7 July 2011 (s 2)\nCourt Procedures Amendment Rules 2011 (No 3) SL2011-33\nnotified LR 24 November 2011\nr 1, r 2 commenced 24 November 2011 (LA s 75 (1))\nremainder commenced 11 October 2013 (r 2 and see Trans-Tasman\nProceedings Act 2010 (Cwlth), s 2 and F2013L0445)\nCourt Procedures Amendment Rules 2011 (No 4) SL2011-34\nnotified LR 15 December 2011\nr 1, r 2 commenced 15 December 2011 (LA s 75 (1))\nrr 4-7, r 13, r 14, rr 27-29, r 32, r 33, r 35 commenced 1 March 2012\n(r 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4)\nrr 22-26, r 31, r 34 commenced 28 May 2012 (r 2 (2) and see Business\nNames Registration (Transition to Commonwealth) Act 2012 A2012-2\n(s 2 (2))\nremainder commenced 1 January 2012 (r 2 (3))\nCourt Procedures Amendment Rules 2012 (No 1) SL2012--24\nnotified LR 28 June 2012\nr 1, r 2 commenced 28 June 2012 (LA s 75 (1))\nremainder commenced 1 July 2012 (r 2)\nCourt Procedures Amendment Rules 2012 (No 2) SL2012--43\nnotified LR 21 December 2012\nr 1, r 2 commenced 21 December 2012 (LA s 75 (1))\nremainder commenced 1 January 2013 (r 2)\n\nCourt Procedures Amendment Rules 2013 (No 1) SL2013-18\nnotified LR 28 June 2013\nr 1, r 2 commenced 28 June 2013 (LA s 75 (1))\nremainder commenced 1 July 2013 (r 2)\nCourt Procedures Amendment Rules 2013 (No 2) SL2013-32\nnotified LR 19 December 2013\nr 1, r 2 commenced 19 December 2013 (LA s 75 (1))\nremainder commenced 1 January 2014 (r 2)\nCourt Procedures Amendment Rules 2014 (No 1) SL2014-4\nnotified LR 14 March 2014\nr 1, r 2 commenced 14 March 2014 (LA s 75 (1))\nremainder commenced 15 March 2014 (r 2)\nCourt Procedures Amendment Rules 2014 (No 2) SL2014-9\nnotified LR 30 June 2014\nr 1, r 2 commenced 30 June 2014 (LA s 75 (1))\nremainder commenced 1 July 2014 (r 2)\nCourt Procedures Amendment Rules 2014 (No 3) SL2014-34\nnotified LR 23 December 2014\nr 1, r 2 commenced 23 December 2014 (LA s 75 (1))\nremainder commenced 1 January 2015 (r 2)\nCourt Procedures Amendment Rules 2015 (No 1) SL2015-12\nnotified LR 28 April 2015\nr 1, r 2 commenced 28 April 2015 (LA s 75 (1))\nremainder commenced 29 April 2015 (r 2)\nCourt Procedures Amendment Rules 2015 (No 2) SL2015-22\nnotified LR 29 June 2015\nr 1, r 2 commenced 29 June 2015 (LA s 75 (1))\nremainder commenced 1 July 2015 (r 2)\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.4\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.4 commenced 4 May 2016 (s 2 (2))\n\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 6\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 6 commenced 10 December 2015 (s 2 (2))\nCourt Procedures Amendment Rules 2015 (No 3) SL2015-42\nnotified LR 17 December 2015\nr 1, r 2 commenced 17 December 2015 (LA s 75 (1))\nrr 6-8 commenced 7 April 2016 (r 2 (2) and see Courts Legislation\nAmendment Act 2015 (No 2) A2015-52, s 2 (1))\nremainder commenced 1 January 2016 (r 2 (1))\nCourt Procedures Amendment Rules 2016 (No 1) SL2016-17\nnotified LR 30 June 2016\nr 1, r 2 commenced 30 June 2016 (LA s 75 (1))\nremainder commenced 1 July 2016 (r 2)\nCourt Procedures Amendment Rules 2016 (No 2) SL2016-31\nnotified LR 3 November 2016\nr 1, r 2 commenced 3 November 2016 (LA s 75 (1))\nremainder commenced 4 November 2016 (r 2)\nCourt Procedures Amendment Rules 2016 (No 3) SL2016-33\nnotified LR 15 December 2016\nr 1, r 2 commenced 15 December 2016 (LA s 75 (1))\nremainder commenced 1 January 2017 (r 2)\nCourt Procedures Amendment Rules 2017 (No 1) SL2017-9\nnotified LR 28 April 2017\nr 1, r 2 commenced 28 April 2017 (LA s 75 (1))\nremainder commenced 1 May 2017 (r 2)\nCourt Procedures Amendment Rules 2017 (No 2) SL2017-10\nnotified LR 28 April 2017\nr 1, r 2 commenced 28 April 2017 (LA s 75 (1))\nremainder commenced 1 May 2017 (r 2 and see Family Violence\nAct 2016 A2016-42, s 2 (2) (as am by A2017-10 s 7))\nCourt Procedures Amendment Rules 2017 (No 3) SL2017-17\nnotified LR 7 July 2017\nr 1, r 2 commenced 7 July 2017 (LA s 75 (1))\nremainder commenced 8 July 2017 (r 2)\n\nCourt Procedures Amendment Rules 2017 (No 4) SL2017-40\nnotified LR 18 December 2017\nr 1, r 2 commenced 18 December 2017 (LA s 75 (1))\nremainder commenced 1 January 2018 (r 2)\nCourt Procedures Amendment Rules 2018 (No 1) SL2018-25\nnotified LR 17 December 2018\nr 1, r 2 commenced 17 December 2018 (LA s 75 (1))\nremainder commenced 1 January 2019 (r 2)\nCourt Procedures Amendment Rules 2019 (No 1) SL2019-11\nnotified LR 27 June 2019\nr 1, r 2 commenced 27 June 2019 (LA s 75 (1))\nremainder commenced 1 July 2019 (r 2)\nCourt Procedures Amendment Rules 2019 (No 2) SL2019-25\nnotified LR 23 September 2019\nr 1, r 2 commenced 23 September 2019 (LA s 75 (1))\nremainder commenced 24 September 2019 (r 2)\nCourt Procedures Amendment Rules 2019 (No 3) SL2019-30\nnotified LR 19 December 2019\nr 1, r 2 commenced 19 December 2019 (LA s 75 (1))\nremainder commenced 1 January 2020 (r 2)\nCourt Procedures Amendment Rules 2020 (No 1) SL2020-6\nnotified LR 24 February 2020\nr 1, r 2 commenced 24 February 2020 (LA s 75 (1))\nremainder commenced 9 March 2020 (r 2 and see Evidence\n(Miscellaneous Provisions) Amendment Act 2019 A2019-41, s 2 and\nCN2020-4)\nCourt Procedures Amendment Rules 2020 (No 2) SL2020-9\nnotified LR 20 March 2020\nr 1, r 2 commenced 20 March 2020 (LA s 75 (1))\nremainder commenced 21 March 2020 (r 2)\nCourt Procedures Amendment Rules 2020 (No 3) SL2020-20\nnotified LR 11 June 2020\nr 1, r 2 commenced 11 June 2020 (LA s 75 (1))\nremainder commenced 1 July 2020 (r 2)\n\nCourt Procedures Amendment Rules 2020 (No 4) SL2020-34\nnotified LR 31 August 2020\nr 1, r 2 commenced 31 August 2020 (LA s 75 (1))\nremainder commenced 1 September 2020 (r 2)\nCourt Procedures Amendment Rules 2020 (No 5) SL2020-45\nnotified LR 21 December 2020\nr 1, r 2 commenced 21 December 2020 (LA s 75 (1))\nremainder commenced 1 January 2021 (r 2)\nCourt Procedures Amendment Rules 2021 (No 1) SL2021-15\nnotified LR 30 June 2021\nr 1, r 2 commenced 30 June 2021 (LA s 75 (1))\nremainder commenced 1 July 2021 (r 2)\nCourt Procedures Amendment Rules 2022 (No 1) SL2022-2\nnotified LR 25 February 2022\nr 1, r 2 commenced 25 February 2022 (LA s 75 (1))\nremainder commenced 1 March 2022 (r 2)\nCourt Procedures Amendment Rules 2022 (No 2) SL2022-6\nnotified LR 9 May 2022\nr 1, r 2 commenced 9 May 2022 (LA s 75 (1))\nremainder commenced 10 May 2022 (r 2)\nCourt Procedures Amendment Rules 2022 (No 3) SL2022-19\nnotified LR 19 December 2022\nr 1, r 2 commenced 19 December 2022 (LA s 75 (1))\nremainder commenced 1 January 2023 (r 2)\nCourt Procedures Amendment Rules 2023 (No 1) SL2023-15\nnotified LR 29 June 2023\nr 1, r 2 commenced 29 June 2023 (LA s 75 (1))\nremainder commenced 1 July 2023 (r 2)\nCourt Procedures Amendment Rules 2023 (No 2) SL2023-36\nnotified LR 18 December 2023\nr 1, r 2 commenced 18 December 2023 (LA s 75 (1))\nremainder commenced 1 January 2024 (r 2)\n\nCourt Procedures Amendment Rules 2024 (No 1) SL2024-9\nnotified LR 28 June 2024\nr 1, r 2 commenced 28 June 2024 (LA s 75 (1))\nrr 9-11 commenced 1 October 2024 (r 2 (2))\nremainder commenced 1 July 2024 (r 2 (1))\nCourt Procedures Amendment Rules 2024 (No 2) SL2024-37\nnotified LR 19 December 2024\nr 1, r 2 commenced 19 December 2024 (LA s 75 (1))\nremainder commenced 1 January 2025 (r 2)\nCourt Procedures Amendment Rules 2025 (No 1) SL2025-10\nnotified LR 30 June 2025\nr 1, r 2 commenced 30 June 2025 (LA s 75 (1))\nremainder commenced 1 July 2025 (r 2)\n\nCommencement\nr 2 om LA 89 (4)\nApplication of rules\nr 4 hdg bracketed note om R29 LA\nr 4 (2), (4) exp 1 January 2007 (r 4 (4))\nam SL2009-11 r 6; SL2011-17 r 4; SL2011-33 r 4; SL2017-10\nr 4\n(2), (3) exp on the day the last of the provisions mentioned in\ntable 4.1, column 3 is repealed or otherwise ceases to apply\nfor the purposes of proceedings in the Supreme Court\n(r 4 (3))\nReferences to court, judicial officer etc\nr 5 hdg bracketed note om R29 LA\nr 5 am SL2015-22 r 61; SL2024-9 r 4, r 5; pars renum R67 LA\nDispensing with rules\nr 6 hdg bracketed note om R29 LA\nr 6 am SL2014-34 r 4\nNotes\nr 8 (2), (3) exp 1 July 2009 (r 8 (3))\nMeaning of plaintiff and defendant\nr 20 hdg bracketed note om R29 LA\nPurpose of ch 2 etc\nr 21 hdg bracketed note om R29 LA\nr 21 om A2015-52 s 22\nApplication—ch 2\nr 22 hdg bracketed note om R29 LA\nr 22 am A2008-20 amdt 4.15; SL2011-17 r 5; SL2012-43 r 4, r 5;\nSL2017-10 r 5\nWho may start and carry on a proceeding\nr 30 hdg bracketed note om R29 LA\nKinds of originating processes\nr 31 hdg bracketed note om R29 LA\nWhen civil proceeding starts\nr 32 hdg bracketed note om R29 LA\nr 32 am SL2009-56 r 4, r 5\nWhen originating claim must be used\nr 33 hdg bracketed note om R29 LA\nWhen originating application must be used\nr 34 hdg bracketed note om R29 LA\n\nWhen originating application may be used\nr 35 hdg bracketed note om R29 LA\nWhen oral originating application may be made in Supreme Court\nr 37 hdg bracketed note om R29 LA\nProceeding incorrectly started by originating claim\nr 38 hdg bracketed note om R29 LA\nProceeding incorrectly started by originating application\nr 39 hdg bracketed note om R29 LA\nSetting aside originating process etc\nr 40 hdg bracketed note om R29 LA\nr 40 am SL2017-17 r 4\nOriginating claim—content etc\nr 50 hdg bracketed note om R29 LA\nr 50 am SL2023-36 rr 4-6\nOriginating claim—additional matters for claims for debt and liquidated\nr 51 hdg bracketed note om R29 LA\nOriginating claim—statement of claim for motor vehicle death and personal\ninjury claims\nr 52 hdg bracketed note om R29 LA\nOriginating claim—statement of claim for employment death and personal\ninjury claims\nr 53 hdg bracketed note om R29 LA\nr 53 am SL2014-9 r 4\nOriginating claim—filing and service\nr 54 hdg bracketed note om R29 LA\nr 54 am SL2023-36 r 7\nOriginating claim—abandonment of excess in Magistrates Court\nr 55 hdg bracketed note om R29 LA\nr 55 ins SL2006-58 amdt 1.1\nam SL2013-18 r 4\nOriginating application—content etc\nr 60 hdg bracketed note om R29 LA\nOriginating application—filing and service\nr 61 hdg bracketed note om R29 LA\nWhen originating application must be served\nr 62 hdg bracketed note om R29 LA\nWhat happens if originating application not served in time\nr 63 hdg bracketed note om R29 LA\n\nOriginating application—filing and service of supporting affidavits\nr 64 hdg bracketed note om R29 LA\nOriginating process to be sealed\nr 70 hdg bracketed note om R29 LA\nr 70 am SL2023-36 r 8\nNumbering etc of proceedings\nr 71 hdg bracketed note om R29 LA\nr 71 am SL2023-36 r 9\nOriginating process—solicitor’s statement about filing\nr 72 hdg bracketed note om R29 LA\nDefendant taken to be served by filing notice of intention to respond or\nr 73 hdg bracketed note om R29 LA\nOriginating process—duration and renewal\nr 74 hdg bracketed note om R29 LA\nWhen proceeding taken to be dismissed\nr 75 hdg sub SL2009-56 r 6\nr 75 am SL2008-25 r 4; rr renum R10 LA; SL2009-56 r 7;\nSL2023-15 r 4\nReinstating dismissed proceeding\nr 76 hdg sub SL2009-56 r 8\nr 76 am SL2009-56 rr 9-11; rr renum R21 LA\nNo step without notice of intention to respond or defence\nr 100 hdg bracketed note om R29 LA\nNotice of intention to respond or defence—details to be included\nr 101 hdg bracketed note om R29 LA\nNotice of intention to respond or defence—filing and service\nr 102 hdg bracketed note om R29 LA\nr 102 am SL2023-36 r 10\nNotice of intention to respond or defence—late filing or service\nr 103 hdg bracketed note om R29 LA\nGround of defence arising after defence filed etc\nr 104 hdg bracketed note om R29 LA\nr 104 am SL2023-36 r 11\nDefence—reliance on defence not disclosed\nr 105 hdg bracketed note om R29 LA\n\nDefendant may submit to judgment by notice of intention to respond\nr 106 hdg bracketed note om R29 LA\nNotice of intention to respond or defence—several defendants with same\nsolicitor\nr 107 hdg bracketed note om R29 LA\nNotice of intention to respond or defence—person sued under partnership\nname\nr 108 hdg bracketed note om R29 LA\nNotice of intention to respond or defence—person incorrectly served as\npartner\nr 109 hdg bracketed note om R29 LA\nNotice of intention to respond or defence—person sued under business\nname\nr 110 hdg bracketed note om R29 LA\nr 110 am SL2011-34 r 34\nConditional notice of intention to respond\nr 111 hdg bracketed note om R29 LA\nApplication—div 2.3.2\nr 150 hdg bracketed note om R29 LA\nProceeding for possession of land—leave to file defence etc\nr 151 hdg bracketed note om R29 LA\nProceeding for possession of land—filing defence etc\nr 152 hdg bracketed note om R29 LA\nProceeding for possession of land—service of defence etc\nr 153 hdg bracketed note om R29 LA\nIncluding causes of action\nr 200 hdg bracketed note om R29 LA\nJoint and separate claims\nr 201 hdg bracketed note om R29 LA\nIncluding causes of action inconveniently etc\nr 202 hdg bracketed note om R29 LA\nNecessary parties\nr 210 hdg bracketed note om R29 LA\nIncluding parties—common issues of law or fact\nr 211 hdg bracketed note om R29 LA\nIncluding parties—defendants may be sued jointly, severally, or in\nalternative\nr 212 hdg bracketed note om R29 LA\n\nIncluding parties—joint entitlement\nr 213 hdg bracketed note om R29 LA\nIncluding parties—joint or several liability\nr 214 hdg bracketed note om R29 LA\nIncluding parties—plaintiff in doubt about defendant etc\nr 215 hdg bracketed note om R29 LA\nIncluding defendants—identical interest in relief unnecessary\nr 216 hdg bracketed note om R29 LA\nIncluding parties inconveniently etc\nr 217 hdg bracketed note om R29 LA\nIncluding parties—parties incorrectly included or not included\nr 218 hdg bracketed note om R29 LA\nCounterclaim or set-off when co-plaintiff wrongly included\nr 219 hdg bracketed note om R29 LA\nCourt may include party if appropriate or necessary\nr 220 hdg bracketed note om R29 LA\nPlaintiffs may be included or substituted\nr 221 hdg bracketed note om R29 LA\nInclusion or substitution as plaintiff requires agreement\nr 222 hdg bracketed note om R29 LA\nIncluding parties—procedure\nr 223 hdg bracketed note om R29 LA\nIncluding parties—inclusion to recover costs\nr 224 hdg bracketed note om R29 LA\nRemoving parties\nr 230 hdg bracketed note om R29 LA\nParty becomes bankrupt, dies or becomes person with mental disability\nr 231 hdg bracketed note om R29 LA\nAmending or setting aside order for new party made on death etc of party\nr 232 hdg bracketed note om R29 LA\nFailure to proceed after death of party\nr 233 hdg bracketed note om R29 LA\nIncluded or substituted defendant—filing and service of amended originating\nprocess\nr 241 hdg bracketed note om R29 LA\nIncluded or substituted parties—date proceeding taken to start\nr 242 hdg bracketed note om R29 LA\nr 242 am SL2009-56 r 12\n\nIncluded or substituted parties—effect of action previously taken in\nr 243 hdg bracketed note om R29 LA\nIncluded or changed parties—other orders about future conduct of\nr 244 hdg bracketed note om R29 LA\nRepresentation in proceedings for personal injuries\ndiv 2.4.4A hdg ins SL2010-51 r 4\nSeparate representation of defendant for insurer’s period on risk\nr 245 ins SL2010-51 r 4\nOne proceeding for benefit of members of deceased person’s family\nr 250 hdg bracketed note om R29 LA\nOrders in proceedings for compensation to relatives in death claims\nr 251 hdg bracketed note om R29 LA\nRepresentation—by trustees and personal representatives\nr 256 hdg bracketed note om R29 LA\nRepresentation—trustees and personal representatives must be parties\nr 257 hdg bracketed note om R29 LA\nRepresentation—beneficiaries and claimants\nr 258 hdg bracketed note om R29 LA\nRepresentation—proceeding about administration of deceased person’s\nestate or trust property\nr 259 hdg bracketed note om R29 LA\nRepresentation—orders bind represented people in estate or trust\nr 260 hdg bracketed note om R29 LA\nRepresentation—interests of deceased person’s estate\nr 261 hdg bracketed note om R29 LA\nApplication—div 2.4.7\nr 265 hdg bracketed note om R29 LA\nRepresentation—numerous concurrent interests\nr 266 hdg bracketed note om R29 LA\nOrders in div 2.4.7 proceeding bind represented people\nr 267 hdg bracketed note om R29 LA\nConsolidation etc of proceedings\nr 270 hdg bracketed note om R29 LA\n\nPerson with legal disability—litigation guardian to start proceeding etc\nr 275 hdg bracketed note om R29 LA\nr 275 am A2008-20 amdt 4.16\nWho may be litigation guardian\nr 276 hdg bracketed note om R29 LA\nr 276 am SL2009-32 r 4; SL2016-17 r 11; SL2017-40 r 4;\npars renum R51 LA\nLitigation guardian—liability for costs\nr 277 hdg bracketed note om R29 LA\nBecoming a litigation guardian\nr 278 hdg bracketed note om R29 LA\nPerson with legal disability—effect of no notice of intention to respond or\nr 279 hdg bracketed note om R29 LA\nLitigation guardian—appointment and removal by court\nr 280 hdg bracketed note om R29 LA\nLitigation guardian—accounts\nr 281 hdg bracketed note om R29 LA\nPerson with legal disability—approval of settlement etc\nr 282 hdg bracketed note om R29 LA\nr 282 (prev r 1016) reloc and renum as r 282 SL2007-16 r 9\nam SL2012-24 r 4; rr renum R32 LA\nMeaning of partnership proceeding—div 2.4.10\nr 285 hdg bracketed note om R29 LA\nProceeding in partnership name\nr 286 hdg bracketed note om R29 LA\nDisclosure of partners’ names\nr 287 hdg bracketed note om R29 LA\nProceeding in registered business name\nr 290 hdg bracketed note om R29 LA\nr 290 am SL2011-34 r 34\nProceeding in business name if unregistered etc\nr 291 hdg bracketed note om R29 LA\nr 291 am SL2011-34 r 34\nBusiness names—amendment about parties\nr 292 hdg bracketed note om R29 LA\nr 292 am SL2011-34 r 34\nPurpose—pt 2.5\nr 300 hdg bracketed note om R29 LA\n\nWhen a third-party proceeding starts\nr 301 hdg bracketed note om R29 LA\nThird-party proceeding—when available\nr 302 hdg bracketed note om R29 LA\nThird-party notice—content etc\nr 303 hdg bracketed note om R29 LA\nr 303 am SL2023-36 rr 12-14\nThird-party notice—additional matters for claims for debt and liquidated\nr 304 hdg bracketed note om R29 LA\nThird-party notice—statement of claim for certain personal injury claims\nr 305 hdg bracketed note om R29 LA\nThird-party notice—filing\nr 306 hdg bracketed note om R29 LA\nThird-party notice—sealing\nr 307 am SL2023-36 r 15\nThird-party notice—service\nr 308 hdg bracketed note om R29 LA\nr 308 am SL2023-36 r 16\nThird-party notice—effect of service on third party\nr 309 hdg bracketed note om R29 LA\nThird-party notice—setting aside\nr 310 hdg bracketed note om R29 LA\nThird-party notice—notice of intention to respond and defence\nr 311 hdg bracketed note om R29 LA\nService of pleadings after filing of third-party notice\nr 312 hdg bracketed note om R29 LA\nCounterclaim by third party\nr 313 hdg bracketed note om R29 LA\nThird-party notice—default by third party\nr 314 hdg bracketed note om R29 LA\nThird parties—disclosure\nr 315 hdg bracketed note om R29 LA\nThird-party notice—hearing\nr 316 hdg bracketed note om R29 LA\nThird party—extent bound by judgment between plaintiff and defendant\nr 317 hdg bracketed note om R29 LA\n\nThird-party notice—judgment between defendant and third party\nr 318 hdg bracketed note om R29 LA\nNotice claiming contribution or indemnity against another party\nr 319 hdg sub SL2009-56 r 13\nr 319 am SL2009-56 r 14, r 15\nNotice claiming contribution or indemnity—filing and service etc\nr 320 hdg bracketed note om R29 LA\nr 320 am SL2009-56 r 16, r 17\nContribution under Civil Law (Wrongs) Act, s 21\nr 321 hdg bracketed note om R29 LA\nr 321 am SL2009-56 r 18\nThird-party notice—fourth and subsequent parties\nr 322 hdg bracketed note om R29 LA\nApplication—pt 2.6\nr 400 hdg bracketed note om R29 LA\nPleadings—formal requirements\nr 405 hdg bracketed note om R29 LA\nPleadings—statements in\nr 406 hdg bracketed note om R29 LA\nPleadings—matters to be specifically pleaded\nr 407 hdg bracketed note om R29 LA\nPleadings in human rights proceedings—generally\nr 407A ins SL2012-43 r 6\nom SL2023-15 r 5\nPleadings in human rights proceedings—public authorities\nr 407B ins SL2012-43 r 6\nom SL2023-15 r 5\nPleadings—money claims short form\nr 408 hdg bracketed note om R29 LA\nPleadings—certain facts need not be pleaded\nr 409 hdg bracketed note om R29 LA\nPleadings—technical objections\nr 410 hdg bracketed note om R29 LA\nPleadings—references to spoken words and documents\nr 411 hdg bracketed note om R29 LA\nPleadings—conditions precedent\nr 412 hdg bracketed note om R29 LA\n\nPleadings—matters arising after start of proceeding\nr 413 hdg bracketed note om R29 LA\nPleadings—inconsistent allegations etc\nr 414 hdg bracketed note om R29 LA\nPleadings—notice pleaded as a fact\nr 415 hdg bracketed note om R29 LA\nPleadings—implied contracts or relations\nr 416 hdg bracketed note om R29 LA\nPleadings—kind of damages etc\nr 417 hdg bracketed note om R29 LA\nr 417 am SL2007-37 r 4\nPleadings—amount of unliquidated damages\nr 418 hdg bracketed note om R29 LA\nPleadings—other relief\nr 419 hdg bracketed note om R29 LA\nPleadings—striking out\nr 425 hdg bracketed note om R29 LA\nPleadings—trial without\nr 426 hdg bracketed note om R29 LA\nPleadings—all necessary particulars must be included\nr 430 hdg bracketed note om R29 LA\nPleadings—use of ‘Scott schedule’\nr 431 hdg bracketed note om R29 LA\nPleadings—negligence and breach of statutory duty\nr 432 hdg bracketed note om R29 LA\nPleadings—how particulars must be given\nr 433 hdg bracketed note om R29 LA\nPleadings—application for better particulars\nr 434 hdg bracketed note om R29 LA\nr 434 am SL2015-22 r 4\nPleadings—failure to comply with better particulars order\nr 435 hdg bracketed note om R29 LA\nPleadings—answering\nr 440 hdg bracketed note om R29 LA\nPleadings—denials and non-admissions\nr 441 hdg bracketed note om R29 LA\nPleadings—defence to debt and liquidated demand claims\nr 442 hdg bracketed note om R29 LA\n\nPleadings—defence to personal injury claims\nr 443 hdg bracketed note om R29 LA\nsub SL2020-45 r 4\nr 443 am SL2020-45 r 5\nPleadings—defence to proceeding on bill of exchange etc\nr 444 hdg bracketed note om R29 LA\nPleadings—denial of representative capacity or partnership constitution\nr 445 hdg bracketed note om R29 LA\nPleadings—denial of contract\nr 446 hdg bracketed note om R29 LA\nPleadings—allegations admitted unless denied etc\nr 447 hdg bracketed note om R29 LA\nPleadings—unreasonable denials and non-admissions\nr 448 hdg bracketed note om R29 LA\nPleadings—confession of defence\nr 449 hdg bracketed note om R29 LA\nPleadings—defence of tender\nr 455 hdg bracketed note om R29 LA\nr 455 sub SL2014-34 r 5\nPleadings—defence of set-off\nr 456 hdg bracketed note om R29 LA\nCounterclaim—cause of action arising after start of proceeding\nr 460 hdg bracketed note om R29 LA\nCounterclaim—against plaintiff\nr 461 hdg bracketed note om R29 LA\nCounterclaim—against additional party\nr 462 hdg bracketed note om R29 LA\nCounterclaim—abandonment of excess in Magistrates Court\nr 463 hdg bracketed note om R29 LA\nCounterclaim—pleading\nr 464 hdg bracketed note om R29 LA\nCounterclaim—plaintiff may rely on previous pleadings\nr 465 hdg bracketed note om R29 LA\nCounterclaim—answer to\nr 466 hdg bracketed note om R29 LA\nCounterclaim—defence arising after answer\nr 467 hdg bracketed note om R29 LA\nr 467 am SL2023-36 r 17\n\nCounterclaim—effect of no answer\nr 468 hdg bracketed note om R29 LA\nCounterclaim—response to answer\nr 469 hdg bracketed note om R29 LA\nCounterclaim—conduct and pleading\nr 470 hdg bracketed note om R29 LA\nCounterclaim—order for separate hearing\nr 471 hdg bracketed note om R29 LA\nCounterclaim—after judgment etc in original proceeding\nr 472 hdg bracketed note om R29 LA\nCounterclaim—judgment for balance\nr 473 hdg bracketed note om R29 LA\nCounterclaim—stay of claim\nr 474 hdg bracketed note om R29 LA\nPleadings—reply to defence\nr 480 hdg bracketed note om R29 LA\nr 480 am SL2023-36 r 18; rr renum R66 LA\nPleadings—after reply\nr 481 hdg bracketed note om R29 LA\nr 481 am SL2023-36 r 19\nPleadings—joinder of issue\nr 482 hdg bracketed note om R29 LA\nPleadings—close\nr 483 hdg bracketed note om R29 LA\nAdmissions—voluntary admission\nr 490 hdg bracketed note om R29 LA\nAdmissions—notice to admit facts or documents\nr 491 hdg bracketed note om R29 LA\nAdmissions—withdrawal\nr 492 hdg bracketed note om R29 LA\nAdmissions—orders on\nr 493 hdg bracketed note om R29 LA\nAmendment—when must be made\nr 501 hdg bracketed note om R29 LA\nAmendment—of documents\nr 502 hdg bracketed note om R29 LA\nAmendment—after limitation period\nr 503 hdg bracketed note om R29 LA\n\nAmendment—of originating process\nr 504 hdg bracketed note om R29 LA\nr 504 am SL2007-16 r 4\nAmendment—of pleadings before close of pleadings\nr 505 hdg bracketed note om R29 LA\nAmendment—of pleadings disallowed\nr 506 hdg bracketed note om R29 LA\nAmendment—of pleadings after close of pleadings\nr 507 hdg bracketed note om R29 LA\nr 507 am SL2007-16 r 5\nAmendment—when leave to amend ceases to have effect\nr 508 hdg bracketed note om R29 LA\nAmendment—procedure\nr 509 hdg bracketed note om R29 LA\nr 509 am SL2007-16 r 6, r 7\nAmendment—person required to make\nr 510 hdg bracketed note om R29 LA\nAmendment—service of amended or revised document etc\nr 511 hdg bracketed note om R29 LA\nAmendment—pleading to\nr 512 hdg bracketed note om R29 LA\nAmendment—costs\nr 513 hdg bracketed note om R29 LA\nr 513 sub SL2008-25 r 5\nAmendment—taking effect\nr 514 hdg bracketed note om R29 LA\nDefinitions—pt 2.8\nr 600 hdg bracketed note om R29 LA\nr 600 def document sub SL2011-34 r 4\nMeaning of privileged from production—pt 2.8\nr 601 hdg bracketed note om R29 LA\nr 601 am SL2011-34 r 5, r 35\nDiscoverable documents\nr 605 hdg bracketed note om R29 LA\nr 605 am SL2010-24 rr 4-7; SL2011-34 r 35\nOrders about disclosure\nr 606 hdg bracketed note om R29 LA\n\nNotice to disclose discoverable documents\nr 607 hdg bracketed note om R29 LA\nr 607 am SL2015-22 r 5\nList of discoverable and privileged documents etc\nr 608 hdg bracketed note om R29 LA\nr 608 am SL2010-24 r 8\nClaim for privilege—challenge etc\nr 609 hdg bracketed note om R29 LA\nr 609 am SL2011-34 r 35\nClaim for privilege—waiver\nr 610 hdg bracketed note om R29 LA\nContinuing disclosure\nr 611 hdg bracketed note om R29 LA\nProduction of documents for inspection\nr 620 hdg bracketed note om R29 LA\nOrders about production of documents for inspection\nr 621 hdg bracketed note om R29 LA\nEffect of inspection of documents disclosed by another party\nr 622 hdg bracketed note om R29 LA\nProduction of documents at hearing of proceeding\nr 623 hdg bracketed note om R29 LA\nOrder for party to answer interrogatories\nr 630 hdg bracketed note om R29 LA\nr 630 am SL2015-22 r 6\nsub SL2023-15 r 6\nObjections to answer interrogatories\nr 631 hdg bracketed note om R29 LA\nr 631 am SL2011-34 r 35\nOrders about interrogatories\nr 632 hdg bracketed note om R29 LA\nAnswers to interrogatories\nr 633 hdg bracketed note om R29 LA\nr 633 am SL2023-15 r 7\nAnswers to interrogatories—belief\nr 634 hdg bracketed note om R29 LA\nr 634 am SL2011-34 r 35\nAnswers to interrogatories to be verified\nr 635 hdg bracketed note om R29 LA\n\nTendering of answers to interrogatories in evidence\nr 636 hdg bracketed note om R29 LA\nr 636 am SL2023-15 r 8\nAnswers by governments, corporations etc\nr 640 hdg bracketed note om R29 LA\nParty cannot swear affidavit personally\nr 641 hdg bracketed note om R29 LA\nDiscovery to identify potential defendant\nr 650 hdg bracketed note om R29 LA\nr 650 am SL2015-42 r 4\nDiscovery to identify right to claim relief\nr 651 hdg bracketed note om R29 LA\nr 651 am SL2009-56 r 19\nOrder under div 2.8.6—privilege\nr 652 hdg bracketed note om R29 LA\nOrder under div 2.8.6—costs\nr 653 hdg bracketed note om R29 LA\nApplication—div 2.8.7\nr 659 ins SL2015-42 r 5\nNotice for non-party production—issue\nr 660 hdg bracketed note om R29 LA\nNotice for non-party production—service\nr 661 hdg bracketed note om R29 LA\nr 661 am SL2011-17 r 6\nNotice for non-party production—inspection by other parties\nr 662 sub SL2011-17 r 7\nNotice for non-party production—application to set aside\nr 663 hdg bracketed note om R29 LA\nNotice for non-party production—privilege or objection\nr 664 hdg bracketed note om R29 LA\nr 664 am SL2011-17 r 8, r 9\nNotice for non-party production—failure to produce documents\nr 665 hdg bracketed note om R29 LA\nNotice for non-party production—copying produced documents\nr 666 hdg bracketed note om R29 LA\nNotice for non-party production—costs\nr 667 hdg bracketed note om R29 LA\n\nContravention of pt 2.8 order—contempt of court\nr 670 hdg bracketed note om R29 LA\nr 670 sub SL2007-16 r 8\nContravention of pt 2.8 order—other action\nr 671 hdg bracketed note om R29 LA\nSolicitor to notify party of certain matters about pt 2.8\nr 672 hdg bracketed note om R29 LA\nr 672 am SL2023-15 r 9, r 10\nImproper use of disclosed document\nr 673 hdg bracketed note om R29 LA\nr 673 am SL2012-24 r 5\nFailure to disclose document\nr 674 hdg bracketed note om R29 LA\nr 674 am SL2011-34 r 6\nDiscovery by electronic means—practice notes\nr 675 hdg bracketed note om R29 LA\nMeaning of usual undertaking as to damages—pt 2.9\nr 700 hdg bracketed note om R29 LA\nr 700 am SL2007-37 r 5\nApplication—div 2.9.2\nr 705 hdg bracketed note om R29 LA\nUrgent orders before start of proceeding\nr 706 hdg bracketed note om R29 LA\nInterim distribution\nr 707 hdg bracketed note om R29 LA\nInterim income\nr 708 hdg bracketed note om R29 LA\nPayment before finding out everyone interested\nr 709 hdg bracketed note om R29 LA\nInspection, detention, custody and preservation of property—orders etc\nr 715 hdg bracketed note om R29 LA\nr 715 am SL2011-34 r 7\nDisposal of property other than land\nr 716 hdg bracketed note om R29 LA\nOrder for inspection, detention, custody or preservation affecting non-party\nr 717 hdg bracketed note om R29 LA\nApplication for order for inspection, detention, custody or preservation\nr 718 hdg bracketed note om R29 LA\n\nDivision 2.9.3—other jurisdiction of court not affected\nr 719 hdg bracketed note om R29 LA\nDefinitions—div 2.9.4\nr 726 hdg bracketed note om R29 LA\nDivision 2.9.4—other jurisdiction of court not affected\nr 727 hdg bracketed note om R29 LA\nDivision 2.9.4 order—procedure\nr 728 hdg bracketed note om R29 LA\nDivision 2.9.4 order without notice etc\nr 729 hdg bracketed note om R29 LA\nDivision 2.9.4 order without trial\nr 730 hdg bracketed note om R29 LA\nDivision 2.9.4 order—expedited trial\nr 731 hdg bracketed note om R29 LA\nDivision 2.9.4 order—damages and undertaking as to damages\nr 732 hdg bracketed note om R29 LA\nDivision 2.9.4 order—other undertakings and security to perform\nundertaking\nr 733 hdg bracketed note om R29 LA\nsdiv 2.9.4.2 hdg note ins SL2017-17 r 5\nDefinitions—sdiv 2.9.4.2\nr 740 hdg bracketed note om R29 LA\nFreezing orders—general\nr 741 hdg bracketed note om R29 LA\nAncillary orders\nr 742 hdg bracketed note om R29 LA\nFreezing orders—order against enforcement debtor or prospective\nenforcement debtor or third party\nr 743 hdg bracketed note om R29 LA\nFreezing orders—service outside Australia of application for freezing order\nor ancillary order\nr 744 hdg bracketed note om R29 LA\nom SL2017-17 r 6\nFreezing orders—costs\nr 745 hdg bracketed note om R29 LA\nDefinitions—sdiv 2.9.4.3\nr 750 hdg bracketed note om R29 LA\n\nSearch orders—general\nr 751 hdg bracketed note om R29 LA\nSearch orders—requirements for making order\nr 752 hdg bracketed note om R29 LA\nSearch orders—terms of order\nr 753 hdg bracketed note om R29 LA\nSearch orders—independent solicitors\nr 754 hdg bracketed note om R29 LA\nSearch orders—costs\nr 755 hdg bracketed note om R29 LA\nApplication—div 2.9.5\nr 765 hdg bracketed note om R29 LA\nReceiver—agreement to act as etc\nr 766 hdg bracketed note om R29 LA\nReceiver—application for order appointing etc\nr 767 hdg bracketed note om R29 LA\nReceiver—address for service\nr 768 hdg bracketed note om R29 LA\nr 768 am SL2023-36 r 20\nReceiver—security\nr 769 hdg bracketed note om R29 LA\nReceiver—remuneration\nr 770 hdg bracketed note om R29 LA\nReceiver—accounts\nr 771 hdg bracketed note om R29 LA\nr 771 am SL2006-58 amdt 1.2\nReceiver—default\nr 772 hdg bracketed note om R29 LA\nReceiver—powers\nr 773 hdg bracketed note om R29 LA\nReceiver—duty in relation to property\nr 774 hdg bracketed note om R29 LA\nReceiver—liability\nr 775 hdg bracketed note om R29 LA\nReceiver—death of\nr 776 hdg bracketed note om R29 LA\nMeaning of land—div 2.9.6\nr 780 hdg bracketed note om R29 LA\n\nApplication—div 2.9.6\nr 781 hdg bracketed note om R29 LA\nSale of land—order\nr 782 hdg bracketed note om R29 LA\nSale of land—conduct of sale\nr 783 hdg bracketed note om R29 LA\nSale of land—certificate of sale result\nr 784 hdg bracketed note om R29 LA\nMortgage, exchange or partition\nr 785 hdg bracketed note om R29 LA\nOffers of compromise\npt 2.10 hdg sub SL2014-34 r 6\nApplication—pt 2.10\nr 1000 hdg bracketed note om R29 LA\nr 1000 sub SL2014-34 r 6\nDefinitions—pt 2.10\nr 1001 sub SL2014-34 r 6\ndef judgment in favour of the defendant ins SL2014-34 r 6\ndef offer ins SL2014-34 r 6\ndef period of acceptance ins SL2014-34 r 6\nMaking offer\nr 1002 hdg bracketed note om R29 LA\nr 1002 sub SL2014-34 r 6\nAcceptance of offer\nr 1003 hdg bracketed note om R29 LA\nr 1003 sub SL2014-34 r 6\nWithdrawal of acceptance\nr 1004 hdg bracketed note om R29 LA\nr 1004 sub SL2014-34 r 6\nFailure to comply with accepted offer\nr 1005 hdg bracketed note om R29 LA\nr 1005 sub SL2014-34 r 6\nDisclosure of offer to court\nr 1006 hdg bracketed note om R29 LA\nr 1006 am SL2006-58 amdt 1.3\nsub SL2014-34 r 6\nCompromises in certain Supreme Court proceedings\nr 1007 hdg bracketed note om R29 LA\nr 1007 sub SL2014-34 r 6\n\nOffer to contribute\nr 1008 hdg bracketed note om R29 LA\nr 1008 sub SL2014-34 r 6\nOffer accepted and no provision for costs\nr 1009 hdg bracketed note om R29 LA\nr 1009 sub SL2014-34 r 6\nOffer not accepted and judgment no less favourable to plaintiff\nr 1010 hdg bracketed note om R29 LA\nr 1010 sub SL2014-34 r 6\nOffer not accepted and judgment no more favourable to plaintiff\nr 1011 hdg bracketed note om R29 LA\nr 1011 sub SL2014-34 r 6\nOffer not accepted and judgment no less favourable to defendant\nr 1012 hdg bracketed note om R29 LA\nr 1012 sub SL2014-34 r 6\nCosts in relation to interest\nr 1013 hdg bracketed note om R29 LA\nr 1013 sub SL2014-34 r 6\nMiscellaneous\nr 1014 sub SL2014-34 r 6\nPayment into court—amount recovered by person with legal disability\nr 1015 hdg bracketed note om R29 LA\nr 1015 om SL2014-34 r 6\nPerson with legal disability—approval of settlement etc\nr 1016 reloc and renum as r 282\nPerson with legal disability—orders about recovered amounts etc\nr 1017 hdg bracketed note om R29 LA\nr 1017 om SL2014-34 r 6\nMeaning of prescribed costs amount—div 2.11.1\nr 1100 am SL2014-34 r 7\nStay of debt etc proceeding on payment of amount sought\nr 1102 hdg bracketed note om R29 LA\nAssessment of costs for stayed debt etc proceeding\nr 1103 hdg bracketed note om R29 LA\nJudgment on acknowledgment of debt or liquidated demand\nr 1104 hdg bracketed note om R29 LA\nDefault by plaintiff—dismissal of proceeding\nr 1110 hdg bracketed note om R29 LA\n\nApplication—div 2.11.3\nr 1116 hdg bracketed note om R29 LA\nWhen is a defendant in default—generally\nr 1117 hdg bracketed note om R29 LA\nDefault judgment—generally\nr 1118 hdg bracketed note om R29 LA\nDefault judgment—relevant affidavits\nr 1119 hdg bracketed note om R29 LA\nr 1119 am SL2006-58 amdt 1.4\nDefault judgment—debt or liquidated demand\nr 1120 hdg bracketed note om R29 LA\nam SL2016-33 rr 4-6; rr renum R48 LA; SL2017-17 r 7\nDefault judgment for debt or liquidated demand—assessment of costs\nr 1121 hdg bracketed note om R29 LA\nDefault judgment—unliquidated damages\nr 1122 hdg bracketed note om R29 LA\nr 1122 am SL2015-22 r 7\nDefault judgment—detention of goods\nr 1123 hdg bracketed note om R29 LA\nDefault judgment—recovery of possession of land\nr 1124 hdg bracketed note om R29 LA\nDefault judgment—mixed claims\nr 1125 hdg bracketed note om R29 LA\nDefault judgment—other claims\nr 1126 hdg bracketed note om R29 LA\nDefault judgment—costs only\nr 1127 hdg bracketed note om R29 LA\nDefault judgment—setting aside etc\nr 1128 hdg bracketed note om R29 LA\nWhen is a defendant in default—partial defence\nr 1137 hdg bracketed note om R29 LA\nDefault judgment—partial defence\nr 1138 hdg bracketed note om R29 LA\nApplication—div 2.11.5\nr 1145 hdg bracketed note om R29 LA\nSummary judgment—for plaintiff\nr 1146 hdg bracketed note om R29 LA\n\nSummary judgment—for defendant\nr 1147 hdg bracketed note om R29 LA\nClaims not disposed of by summary disposal\nr 1148 hdg bracketed note om R29 LA\nEvidence in summary judgment proceedings\nr 1149 hdg bracketed note om R29 LA\nSummary judgment applications—filing and service\nr 1150 hdg bracketed note om R29 LA\nSummary judgment applications—directions etc\nr 1151 hdg bracketed note om R29 LA\nSummary judgment applications—costs\nr 1152 hdg bracketed note om R29 LA\nSummary judgment—stay of enforcement\nr 1153 hdg bracketed note om R29 LA\nSummary judgment—relief from forfeiture\nr 1154 hdg bracketed note om R29 LA\nSummary judgment—setting aside\nr 1155 hdg bracketed note om R29 LA\nDiscontinuance or withdrawal by plaintiff\nr 1160 hdg bracketed note om R29 LA\nr 1160 am SL2015-22 r 8; SL2024-9 r 6\nDiscontinuance or withdrawal of counterclaim by defendant\nr 1161 hdg bracketed note om R29 LA\nWithdrawal of notice of intention to respond\nr 1162 hdg bracketed note om R29 LA\nCosts of discontinuance or withdrawal\nr 1163 hdg bracketed note om R29 LA\nWithdrawal of defence or further pleading\nr 1164 hdg bracketed note om R29 LA\nNotice of discontinuance or withdrawal\nr 1165 hdg bracketed note om R29 LA\nDiscontinuance or withdrawal by party representing someone else etc\nr 1166 hdg bracketed note om R29 LA\nDiscontinuance or withdrawal—subsequent proceeding\nr 1167 hdg bracketed note om R29 LA\nConsolidated proceedings and counterclaims\nr 1168 hdg bracketed note om R29 LA\n\nStay pending payment of costs\nr 1169 hdg bracketed note om R29 LA\nPurpose—div 2.11.7\nr 1175 hdg bracketed note om R29 LA\nDefinitions—div 2.11.7\nr 1176 hdg bracketed note om R29 LA\nMediation—appointment of mediator\nr 1177 hdg bracketed note om R29 LA\nr 1177 am SL2015-42 r 6, r 7\nNeutral evaluation—appointment of evaluator\nr 1178 hdg bracketed note om R29 LA\nMediation or neutral evaluation—referral by court\nr 1179 hdg bracketed note om R29 LA\nMediation or neutral evaluation—duty of parties to take part\nr 1180 hdg bracketed note om R29 LA\nMediation or neutral evaluation—costs\nr 1181 hdg bracketed note om R29 LA\nr 1181 am SL2014-4 r 4\nMediation or neutral evaluation—agreements and arrangements arising from\nsessions\nr 1182 hdg bracketed note om R29 LA\nr 1182 am SL2015-42 r 8\nNeutral evaluation—privilege\nr 1183 hdg bracketed note om R29 LA\nEvaluators—secrecy\nr 1184 hdg bracketed note om R29 LA\nEvaluators—protection from liability\nr 1185 hdg bracketed note om R29 LA\nPurposes—pt 2.12\nr 1200A renum as r 1200\nPurposes—pt 2.12\nr 1200 orig r 1200\nrenum as r 1201\npres r 1200\n(prev r 1200A) ins SL2012-24 r 6\nrenum as r 1200 SL2012-24 r 7\n\nMeaning of code of conduct—pt 2.12\nr 1201 orig r 1201\nrenum as r 1202\npres r 1201\n(prev r 1200) renum as r 1201 SL2012-24 r 7\nMeaning of expert, expert witness and expert report\nr 1202 hdg (prev r 1201 hdg) bracketed note om R29 LA\nr 1202 orig r 1202\nrenum as r 1203\npres r 1202\n(prev r 1201) renum as r 1202 SL2012-24 r 7\nExpert witnesses to agree to be bound by code of conduct\nr 1203 hdg (prev r 1202 hdg) bracketed note om R29 LA\nr 1203 orig r 1203\nrenum as r 1204\npres r 1203\n(prev r 1202) am SL2011-34 r 8\nrenum as r 1203 SL2012-24 r 7\nExpert witness—immunity\nr 1204 hdg (prev r 1203 hdg) bracketed note om R29 LA\nr 1204 (prev r 1203) renum as r 1204 SL2012-24 r 7\nCourt may give directions in relation to expert evidence\nr 1205 ins SL2012-24 r 8\nam SL2012-43 r 7\nApplication—div 2.12.2\nr 1210 hdg bracketed note om R29 LA\nCourt may direct experts to meet etc\nr 1211 hdg bracketed note om R29 LA\nExpert reports\ndiv 2.12.3 hdg orig div 2.12.3 hdg\nom SL2012-24 r 9\npres div 2.12.3 hdg\n(prev div 2.12.4 hdg) renum as div 2.12.3 hdg SL2012-24 r 10\nDefinitions—div 2.12.3\nr 1220 hdg bracketed note om R29 LA\nr 1220 om SL2012-24 r 9\ndef accompanying affidavit om SL2012-24 r 9\ndef appointed expert om SL2012-24 r 9\ndef expert om SL2012-24 r 9\ndef expert medical evidence om SL2012-24 r 9\ndef Wrongs Act om SL2012-24 r 9\n\nApplication for appointment of expert—Wrongs Act, s 86\nr 1221 hdg bracketed note om R29 LA\nr 1221 om SL2012-24 r 9\nAccompanying affidavit for appointment of expert—Wrongs Act, s 86\nr 1222 hdg bracketed note om R29 LA\nr 1222 om SL2012-24 r 9\nResponse by other parties—Wrongs Act, s 86 application\nr 1223 hdg bracketed note om R29 LA\nr 1223 om SL2012-24 r 9\nSelection of expert etc by court—Wrongs Act, s 86 application\nr 1224 hdg bracketed note om R29 LA\nr 1224 om SL2012-24 r 9\nAppointed experts to be briefed etc\nr 1225 hdg bracketed note om R29 LA\nr 1225 om SL2012-24 r 9\nRequest by appointed expert for directions\nr 1226 hdg bracketed note om R29 LA\nr 1226 om SL2012-24 r 9\nAppointed expert to report\nr 1227 hdg bracketed note om R29 LA\nr 1227 om SL2012-24 r 9\nExpert report to be admitted in evidence\nr 1228 hdg bracketed note om R29 LA\nr 1228 om SL2012-24 r 9\nAttendance of appointed expert\nr 1229 hdg bracketed note om R29 LA\nr 1229 om SL2012-24 r 9\nExpert reports\ndiv 2.12.4 hdg renum as div 2.12.3 hdg\nApplication—div 2.12.3\nr 1240 hdg bracketed note om R29 LA\nr 1240 sub SL2012-24 r 11\nService of expert reports\nr 1241 hdg bracketed note om R29 LA\nr 1241 am SL2012-43 r 8; SL2015-22 rr 9-11; rr renum R41 LA\nSupplementary expert reports\nr 1242 hdg bracketed note om R29 LA\nExpert evidence to be covered by expert report\nr 1243 hdg bracketed note om R29 LA\n\nExpert reports admissible as evidence of opinion etc\nr 1244 hdg bracketed note om R29 LA\nRequiring attendance of expert for cross-examination etc\nr 1245 hdg bracketed note om R29 LA\nTender of expert report\nr 1246 hdg bracketed note om R29 LA\nPre-trial procedures—general\ndiv 2.13.1 hdg ins SL2012-43 r 9\nom SL2015-22 r 12\nDefinitions—div 2.13.1\nr 1300 reloc and renum as r 1321\nPre-trial procedures—classification of proceeding\nr 1302 hdg reloc and renum as r 1322\nDirections hearing—category C proceedings\nr 1303 hdg reloc and renum as r 1323\nStatement of particulars before trial—personal injury claims\nr 1304 hdg bracketed note om R29 LA\nr 1304 am SL2012-43 r 15, r 16; rr renum R33 LA; SL2015-22 r 13\nStatement of particulars before trial—compensation to relatives in death\nr 1305 hdg bracketed note om R29 LA\nr 1305 am SL2012-43 r 17, r 18; rr renum R33 LA; SL2015-22 r 14\nCertificate of readiness for trial—generally\nr 1306 hdg bracketed note om R29 LA\nr 1306 am SL2012-43 r 19, r 20; rr renum R33 LA; SL2013-18 r 5, r 6\nCertificate of readiness for trial—default judgment\nr 1307 am SL2012-43 r 21\nApplication for directions hearing—Supreme Court\nr 1307A ins SL2012-43 r 22\nDirections hearing—category A, category B and category D proceedings\nr 1308 hdg reloc and renum as r 1324\nListing hearing\nr 1309 hdg reloc and renum as r 1325\nSpecial fixture\nr 1310 hdg reloc and renum as r 1326\n\nExpedited trial\nr 1311 hdg bracketed note om R29 LA\nCourt book\nr 1312 hdg bracketed note om R29 LA\nr 1312 am SL2015-22 r 16; SL2023-36 r 21, r 22; rr renum R66 LA\nDirections hearings and listing hearings—costs\nr 1313 hdg reloc and renum as r 1327\nPre-trial procedures—Magistrates Court\ndiv 2.13.2 hdg ins SL2012-43 r 26\nom SL2015-22 r 17\nApplication—div 2.13.2\nr 1320 ins SL2012-43 r 26\nDefinitions—div 2.13.1\nr 1321 hdg (prev r 1300 hdg) am SL2012-43 r 10\nr 1321 (prev r 1300) am SL2012-43 r 11, r 12\nreloc and renum as r 1321 SL2012-43 r 13\nPre-trial procedures—classification of proceeding\nr 1322 hdg (prev r 1302 hdg) bracketed note om R29 LA\nr 1322 (prev r 1302) reloc and renum as r 1322 SL2012-43 r 14\nDirections hearing—category C proceedings\nr 1323 hdg (prev r 1303 hdg) bracketed note om R29 LA\nr 1323 (prev r 1303) reloc and renum as r 1323 SL2012-43 r 14\nam SL2013-18 r 7\nDirections hearing—category A, category B and category D proceedings\nr 1324 hdg (prev r 1308 hdg) bracketed note om R29 LA\nr 1324 (prev r 1308) am SL2012-43 r 23\nreloc and renum as r 1324 SL2012-43 r 24\nListing hearing\nr 1325 hdg (prev r 1309 hdg) bracketed note om R29 LA\nr 1325 (prev r 1309) reloc and renum as r 1325 SL2012-43 r 25\nam SL2015-22 r 19, r 20\nSpecial fixture\nr 1326 (prev r 1310) reloc and renum as r 1326 SL2012-43 r 25\nam SL2015-22 r 61; SL2024-9 r 7\n\nDirections hearings and listing hearings—costs\nr 1327 hdg (prev r 1313 hdg) bracketed note om R29 LA\nr 1327 (prev r 1313) reloc and renum as r 1327 SL2012-43 r 25\nDirections—application\nr 1400 hdg bracketed note om R29 LA\nr 1400 am SL2015-22 r 21\nDirections generally\nr 1401 hdg bracketed note om R29 LA\nProceeding already being managed by court\nr 1402 hdg bracketed note om R29 LA\nr 1402 am SL2012-43 r 27, r 28; SL2015-22 r 61; SL2024-9 r 8\nDecision in proceeding\nr 1403 hdg bracketed note om R29 LA\nFailure to comply with direction etc\nr 1404 hdg bracketed note om R29 LA\nr 1404 am SL2012-43 r 29, r 30; ss and pars renum R33 LA\nTransfer of proceedings between courts\ndiv 2.14.1A hdg ins SL2007-16 r 10\nTransfer of proceeding from Supreme Court to Magistrates Court—\nr 1430 ins SL2007-16 r 10\nTransfer of proceeding from Supreme Court to Magistrates Court—\nr 1431 ins SL2007-16 r 10\nTransfer of proceeding from Magistrates Court to Supreme Court—\nr 1432 ins SL2007-16 r 10\nTransfer of proceeding from Magistrates Court to Supreme Court—stay of\nr 1433 ins SL2007-16 r 10\nRemoval of applications from ACAT to Supreme Court\ndiv 2.14.1B hdg ins SL2011-17 r 10\nRemoval of applications from ACAT to Supreme Court—application\nr 1440 ins SL2011-17 r 10\nRemoval of applications from ACAT to Supreme Court—procedure\nr 1441 ins SL2011-17 r 10\nEffect of failure to comply with rules\nr 1450 hdg bracketed note om R29 LA\nr 1450 am SL2015-22 r 22\n\nApplication because of failure to comply with rules\nr 1451 hdg bracketed note om R29 LA\nFailure to comply with order to take step\nr 1452 hdg bracketed note om R29 LA\nr 1452 am SL2015-22 r 23; rr renum R41 LA\nMeaning of question—pt 2.15\nr 1500 hdg bracketed note om R29 LA\nTrial—defendant or plaintiff not appearing\nr 1505 hdg bracketed note om R29 LA\nr 1505 am SL2009-56 r 20\nTrial—adjournment etc\nr 1506 hdg bracketed note om R29 LA\nTrial—third-party proceeding\nr 1507 hdg bracketed note om R29 LA\nOrder of evidence and addresses\nr 1508 hdg bracketed note om R29 LA\nView by court\nr 1509 hdg bracketed note om R29 LA\nAssociate etc to record hearing times\nr 1510 hdg bracketed note om R29 LA\nAssociate to enter findings etc\nr 1511 hdg bracketed note om R29 LA\nSeparate decisions on questions—order\nr 1521 hdg bracketed note om R29 LA\nSeparate decisions on questions—directions\nr 1522 hdg bracketed note om R29 LA\nSeparate decisions on questions—decision\nr 1523 hdg bracketed note om R29 LA\nAssessors\nr 1530 hdg bracketed note om R29 LA\nReferee—referral of question etc\nr 1531 hdg bracketed note om R29 LA\nReferee—appointment\nr 1532 hdg bracketed note om R29 LA\nReferee—amendment of order referring question etc\nr 1533 hdg bracketed note om R29 LA\n\nReferee—conduct under reference\nr 1534 hdg bracketed note om R29 LA\nr 1534 am SL2017-17 r 8, r 58\nReferee—submission of question to court\nr 1535 hdg bracketed note om R29 LA\nReferee—report\nr 1536 hdg bracketed note om R29 LA\nReferee—proceeding on report\nr 1537 hdg bracketed note om R29 LA\nAssessor and referee—remuneration\nr 1538 hdg bracketed note om R29 LA\nAssessment of damages\nr 1546 hdg bracketed note om R29 LA\nAssessment of damages—use of affidavit evidence\nr 1547 hdg bracketed note om R29 LA\nPartial judgment for damages to be assessed\nr 1548 hdg bracketed note om R29 LA\nDamages to time of assessment\nr 1549 hdg bracketed note om R29 LA\nOrders—required by nature of case\nr 1600 hdg bracketed note om R29 LA\nJudgment book\nr 1601 hdg bracketed note om R29 LA\nJudgments—several claims\nr 1602 hdg bracketed note om R29 LA\nOrders—set off between enforceable money orders\nr 1603 hdg bracketed note om R29 LA\nJudgments—detention of goods\nr 1604 hdg bracketed note om R29 LA\nOrders—making and effect\nr 1605 hdg bracketed note om R29 LA\nOrders—shortened form\nr 1605A ins SL2015-22 r 24\nom SL2024-9 r 9\nOrders—entry\nr 1606 hdg bracketed note om R29 LA\nr 1606 sub SL2024-9 r 9\n\nOrders—certified duplicate\nr 1607 hdg bracketed note om R29 LA\nOrders—reasons\nr 1608 hdg bracketed note om R29 LA\nr 1608 am SL2019-25 r 4\nOrders—reservation of decision\nr 1609 hdg bracketed note om R29 LA\nOrders—time for compliance\nr 1610 hdg bracketed note om R29 LA\nOrders—by consent\nr 1611 hdg bracketed note om R29 LA\nr 1611 am SL2024-9 r 10\nOrders—by consent in proceeding\nr 1612 hdg bracketed note om R29 LA\nOrders—setting aside etc\nr 1613 hdg bracketed note om R29 LA\nr 1613 sub SL2024-9 r 11\nOrder dismissing proceeding—effect\nr 1614 hdg bracketed note om R29 LA\nOrders—joint liability\nr 1615 hdg bracketed note om R29 LA\nPayment into court—payment of amount paid into court under order\nr 1616 hdg bracketed note om R29 LA\nr 1616 sub SL2014-34 r 8\nPayment into court—amount recovered by person with legal disability\nr 1617 hdg bracketed note om R29 LA\nr 1617 am SL2008-25 r 6, r 7\nsub SL2014-34 r 9\nPerson with legal disability—orders about recovered amounts etc\nr 1618 hdg bracketed note om R29 LA\nr 1618 sub SL2014-34 r 10\nam SL2016-17 r 4\nPerson with mental disability—payment out to public trustee and guardian\nr 1618A ins SL2016-17 r 5\nInterest up to judgment\nr 1619 ins SL2007-37 r 6\nr 1619 sub SL2014-34 r 10\n\nInterest after judgment\nr 1620 ins SL2009-56 r 21\nsub SL2014-34 r 10\nam SL2015-42 r 9; SL2017-17 r 9\nJudgment for interest only\nr 1621 ins SL2014-34 r 10\nInterest after judgment—usual order as to interest\nr 1622 ins SL2014-34 r 10\nChange in interest rates up to and after judgment\nr 1623 ins SL2014-34 r 10\nDefinitions—pt 2.17\nr 1700 hdg bracketed note om R29 LA\nr 1700 def costs of the proceeding am SL2008-25 r 8\nCosts—general provisions\nr 1701 hdg bracketed note om R29 LA\nr 1701 am SL2008-50 r 4; SL2025-10 r 4\nCosts—agreement about costs\nr 1702 hdg bracketed note om R29 LA\nCosts—order against non-party\nr 1703 hdg bracketed note om R29 LA\nCosts—failure to comply with subpoena etc\nr 1704 hdg bracketed note om R29 LA\nCosts—for issue or part of proceeding\nr 1705 hdg bracketed note om R29 LA\nCosts—if unnecessary to continue proceeding\nr 1706 hdg bracketed note om R29 LA\nCosts—proceeding removed to another court\nr 1707 hdg bracketed note om R29 LA\nCosts—in account\nr 1708 hdg bracketed note om R29 LA\nCosts—entitlement to recover\nr 1720 hdg bracketed note om R29 LA\nCosts—general rule\nr 1721 hdg bracketed note om R29 LA\nr 1721 sub SL2008-25 r 9\nCosts—solicitors’ costs generally\nr 1722 hdg bracketed note om R29 LA\nr 1722 am SL2008-25 r 10; rr renum R10 LA; SL2011-17 r 11\n\nCosts—relevant amount for Magistrates Court proceedings\nr 1723 hdg bracketed note om R29 LA\nSolicitors’ costs—separate judgments against defendants in Magistrates\nr 1724 hdg bracketed note om R29 LA\nSolicitors’ costs and determined fees—Supreme Court judgment within\nMagistrates Court jurisdiction\nr 1725 sub SL2011-34 r 9\nCosts—amendment of documents\nr 1726 hdg bracketed note om R29 LA\nCosts—party not interested in application\nr 1727 hdg bracketed note om R29 LA\nCosts—for application reserved\nr 1728 hdg bracketed note om R29 LA\nCosts—extending or shortening time\nr 1729 hdg bracketed note om R29 LA\nCosts—inquiry to find person entitled to property\nr 1730 hdg bracketed note om R29 LA\nCosts—assessment of receiver’s costs\nr 1731 hdg bracketed note om R29 LA\nCosts—trustee\nr 1732 hdg bracketed note om R29 LA\nCosts—solicitor appointed litigation guardian\nr 1733 hdg bracketed note om R29 LA\nCosts—assessment costs\nr 1734 hdg bracketed note om R29 LA\nCosts—counsel’s advice and settling documents\nr 1735 hdg bracketed note om R29 LA\nCosts—evidence\nr 1736 hdg bracketed note om R29 LA\nCosts—solicitor advocate\nr 1737 hdg bracketed note om R29 LA\nCosts—retainer for counsel\nr 1738 hdg bracketed note om R29 LA\nCosts—counsel’s fees for applications\nr 1739 hdg bracketed note om R29 LA\nCosts—fixed costs for winding-up application\nr 1740 ins SL2008-50 r 5\n\nCosts—fixed costs for enforcement order\nr 1741 ins SL2011-34 r 10\nApplication—div 2.17.3\nr 1750 hdg bracketed note om R29 LA\nCosts—assessed on party and party basis\nr 1751 hdg bracketed note om R29 LA\nCosts—assessed on solicitor and client etc basis\nr 1752 hdg bracketed note om R29 LA\nCosts—legal practitioner’s delay etc\nr 1753 hdg bracketed note om R29 LA\nCosts—disallowance of costs for vexatious document etc\nr 1754 hdg bracketed note om R29 LA\nCosts—registrar’s general powers\nr 1760 hdg bracketed note om R29 LA\nCosts—registrar’s discretion in assessing\nr 1761 hdg bracketed note om R29 LA\nCosts—when bill of costs to be filed etc\nr 1800 hdg bracketed note om R29 LA\nCosts—if costs out of fund bill to be sent to clients\nr 1801 hdg bracketed note om R29 LA\nCosts—content of bill of costs\nr 1802 hdg bracketed note om R29 LA\nCosts—failure to file and serve bill of costs\nr 1803 hdg bracketed note om R29 LA\nCosts—payment of disbursements\nr 1804 hdg bracketed note om R29 LA\nCosts—professional charges and disbursements\nr 1805 hdg bracketed note om R29 LA\nCosts—amendment and withdrawal of bill of costs\nr 1806 hdg bracketed note om R29 LA\nCosts—notice of objection to bill of costs\nr 1807 hdg bracketed note om R29 LA\nCosts—assessment must be limited\nr 1808 hdg bracketed note om R29 LA\nCosts—default assessment if no objection to bill of costs\nr 1809 hdg bracketed note om R29 LA\n\nCosts—setting aside default assessment\nr 1810 hdg bracketed note om R29 LA\nCosts—offer to settle\nr 1811 hdg bracketed note om R29 LA\nCosts—acceptance of offer to settle\nr 1812 hdg bracketed note om R29 LA\nCosts—rejection of offer to settle\nr 1813 hdg bracketed note om R29 LA\nCosts—Calderbank offer to settle\nr 1814 ins SL2010-24 r 9\nCosts—attendance of parties at assessment\nr 1830 hdg bracketed note om R29 LA\nCosts—notice of adjournment of assessment\nr 1831 hdg bracketed note om R29 LA\nCosts—delay before registrar etc\nr 1832 hdg bracketed note om R29 LA\nCosts—set off of costs\nr 1833 hdg bracketed note om R29 LA\nCosts—bill of costs reduced by 15% or more\nr 1834 hdg bracketed note om R29 LA\nCosts—registrar’s certificate of assessment\nr 1835 hdg bracketed note om R29 LA\nCosts—interim certificates of assessment\nr 1836 hdg bracketed note om R29 LA\nApplication—div 2.17.7\nr 1850 hdg bracketed note om R29 LA\nCosts—application for reconsideration\nr 1851 hdg bracketed note om R29 LA\nCosts—procedure for reconsideration\nr 1852 hdg bracketed note om R29 LA\nCosts—reply to objection on reconsideration\nr 1853 hdg bracketed note om R29 LA\nCosts—reconsideration of registrar’s assessment\nr 1854 hdg bracketed note om R29 LA\nCosts—review by court\nr 1855 hdg bracketed note om R29 LA\n\nSecurity for costs—application and order\nr 1900 hdg bracketed note om R29 LA\nSecurity for costs—when court may make order\nr 1901 hdg bracketed note om R29 LA\nSecurity for costs—discretionary factors\nr 1902 hdg bracketed note om R29 LA\nSecurity for costs—way security given\nr 1903 hdg bracketed note om R29 LA\nSecurity for costs—effect of order\nr 1904 hdg bracketed note om R29 LA\nSecurity for costs—setting aside or amending order\nr 1905 hdg bracketed note om R29 LA\nSecurity for costs—finalising security\nr 1906 hdg bracketed note om R29 LA\nLiquidator, guardian or manager—accounts\nr 1920 hdg bracketed note om R29 LA\nDefinitions—pt 2.18\nr 2000 hdg bracketed note om R29 LA\nEnforcement orders generally\nr 2001 hdg bracketed note om R29 LA\nEnforcement—by or against non-party\nr 2003 hdg bracketed note om R29 LA\nEnforcement—amount recoverable\nr 2004 hdg bracketed note om R29 LA\nr 2004 am SL2011-34 r 11\nEnforcement—separate enforcement for costs\nr 2005 hdg bracketed note om R29 LA\nEnforcement—order in partnership name\nr 2006 hdg bracketed note om R29 LA\nEnforcement—against property of partnership\nr 2007 hdg bracketed note om R29 LA\nEnforcement—against property of business\nr 2008 hdg bracketed note om R29 LA\nEnforcement—enforcement of Supreme Court order in Magistrates Court\nr 2009 hdg bracketed note om R29 LA\nEnforcement—enforcement of Magistrates Court order in Supreme Court\nr 2010 hdg bracketed note om R29 LA\n\nEnforcement—certificate of registration of enforceable order under Service\nand Execution of Process Act\nr 2010A ins SL2008-44 r 4\nam SL2011-17 r 12\nEnforcement—assessment of costs for certificate of registration\nr 2010B ins SL2011-34 r 12\nEnforcement—demand for compliance unnecessary\nr 2011 hdg bracketed note om R29 LA\nEnforcement—when leave required\nr 2012 hdg bracketed note om R29 LA\nEnforcement—stay\nr 2013 hdg bracketed note om R29 LA\nEnforcement—conditional orders\nr 2014 hdg bracketed note om R29 LA\nEnforcement—service of order and related information\nr 2015 am SL2008-44 r 5\nEnforcement—enforcement of payment directed by Energy and Water\nConsumer Council\nr 2016 hdg sub SL2008-25 r 11\nr 2016 ins SL2006-58 amdt 1.5\nam SL2008-25 r 12\nom SL2012-24 r 12\nEnforcement orders—content and issue\nr 2050 hdg bracketed note om R29 LA\nEnforcement orders—application to set aside\nr 2051 hdg bracketed note om R29 LA\nEnforcement orders—duration and renewal of certain enforcement orders\ngiven to enforcement officers\nr 2052 hdg bracketed note om R29 LA\nEnforcement orders—return by enforcement officer\nr 2053 hdg bracketed note om R29 LA\nr 2053 am SL2023-36 rr 23-26\nEnforcement orders—priority\nr 2054 hdg bracketed note om R29 LA\nEnforcement orders—payment under order\nr 2055 hdg bracketed note om R29 LA\nEnforcement orders—orders about enforcement\nr 2056 hdg bracketed note om R29 LA\n\nEnforcement orders—consecutive and concurrent orders\nr 2057 hdg bracketed note om R29 LA\nEnforcement orders—deceased enforcement debtor\nr 2058 hdg bracketed note om R29 LA\nEnforcement hearing—application by enforcement creditor\nr 2100 hdg bracketed note om R29 LA\nEnforcement hearing—otherwise than on enforcement creditor’s application\nr 2101 hdg bracketed note om R29 LA\nEnforcement hearing—limit on number of applications\nr 2102 hdg bracketed note om R29 LA\nEnforcement hearing—order for hearing etc\nr 2103 hdg bracketed note om R29 LA\nEnforcement hearing—who may be directed to attend by enforcement\nhearing subpoena\nr 2104 hdg bracketed note om R29 LA\nEnforcement hearing—service of enforcement hearing subpoena\nr 2105 hdg bracketed note om R29 LA\nEnforcement hearing—statement of enforcement debtor’s financial position\nr 2106 hdg bracketed note om R29 LA\nEnforcement hearing—subpoena to other person\nr 2107 hdg bracketed note om R29 LA\nEnforcement hearing—examination\nr 2109 hdg bracketed note om R29 LA\nEnforcement hearing—enforcement hearing warrant issue\nr 2110 hdg bracketed note om R29 LA\nr 2110 am SL2006-58 amdt 1.6\nEnforcement hearing—enforcement hearing warrant contents etc\nr 2111 hdg bracketed note om R29 LA\nEnforcement hearing—orders\nr 2112 hdg bracketed note om R29 LA\nInstalment order—making\nr 2150 hdg bracketed note om R29 LA\nInstalment order—application by enforcement debtor\nr 2151 hdg bracketed note om R29 LA\nInstalment order—application by enforcement creditor\nr 2153 hdg bracketed note om R29 LA\nInstalment order—relevant considerations\nr 2154 hdg bracketed note om R29 LA\n\nInstalment order—stay of enforcement\nr 2155 hdg bracketed note om R29 LA\nInstalment order—content and issue\nr 2156 hdg bracketed note om R29 LA\nInstalment order—instalment order agreement\nr 2157 hdg bracketed note om R29 LA\nInstalment order—no other enforcement while in force\nr 2159 hdg bracketed note om R29 LA\nInstalment order—amending, suspending or setting aside\nr 2160 hdg bracketed note om R29 LA\nInstalment order—ceasing to have effect other than for nonpayment\nr 2161 hdg bracketed note om R29 LA\nSeizure and sale order—making\nr 2200 hdg bracketed note om R29 LA\nSeizure and sale order—application\nr 2201 hdg bracketed note om R29 LA\nSeizure and sale order—additional exempt property\nr 2202 hdg bracketed note om R29 LA\nSeizure and sale order—entry, search and seizure powers if no consent\nr 2203 hdg bracketed note om R29 LA\nSeizure and sale order—notice of order\nr 2205 hdg bracketed note om R29 LA\nSeizure and sale order—notice of property seized\nr 2206 hdg bracketed note om R29 LA\nSeizure and sale order—removal etc of seized property\nr 2207 hdg bracketed note om R29 LA\nSeizure and sale order—application for instalment order stays sale of seized\nr 2208 hdg bracketed note om R29 LA\nSeizure and sale order—property seized not abandoned\nr 2209 hdg bracketed note om R29 LA\nSeizure and sale order—seizure of real property\nr 2210 hdg bracketed note om R29 LA\nr 2210 sub SL2008-25 r 13\nSeizure and sale order—order of seizing and selling property\nr 2212 hdg bracketed note om R29 LA\nSeizure and sale order—payment before sale\nr 2213 hdg bracketed note om R29 LA\n\nSeizure and sale order—suspension etc of enforcement\nr 2214 hdg bracketed note om R29 LA\nSeizure and sale order—agreements to withdraw and re-enter\nr 2215 hdg bracketed note om R29 LA\nSeizure and sale order—nature of sale\nr 2216 hdg bracketed note om R29 LA\nSeizure and sale order—setting reasonable amount\nr 2217 hdg bracketed note om R29 LA\nSeizure and sale order—additional provisions relating to land\nr 2218 am SL2008-25 r 14\nSeizure and sale order—appointment of real estate agent\nr 2218A ins SL2008-25 r 15\nSeizure and sale order—power of entry for auction of land\nr 2219 hdg bracketed note om R29 LA\nSeizure and sale order—sale at best price obtainable\nr 2220 hdg bracketed note om R29 LA\nSeizure and sale order—advertisement of sale\nr 2221 hdg bracketed note om R29 LA\nSeizure and sale order—postponement of sale\nr 2222 hdg bracketed note om R29 LA\nSeizure and sale order—amounts received\nr 2223 hdg bracketed note om R29 LA\nSeizure and sale order—terms about payment\nr 2224 hdg bracketed note om R29 LA\nSeizure and sale order—securities held by enforcement officer\nr 2225 hdg bracketed note om R29 LA\nSeizure and sale order—personal property subject to conditional bill of sale\nr 2226 hdg bracketed note om R29 LA\nSeizure and sale order—effect of sale of property\nr 2227 hdg bracketed note om R29 LA\nSeizure and sale order—effect of ending of order on completion of sale etc\nr 2228 hdg bracketed note om R29 LA\nSeizure and sale order—appropriation of payments towards order debt\nr 2229 hdg bracketed note om R29 LA\nSeizure and sale order—documents giving effect to sale\nr 2230 hdg bracketed note om R29 LA\n\nSeizure and sale order—payment to enforcement debtor\nr 2231 hdg bracketed note om R29 LA\nr 2231 am SL2006-58 amdt 1.7\nSeizure and sale order—purchase by enforcement officer or auctioneer\nprohibited\nr 2232 hdg bracketed note om R29 LA\nSeizure and sale order—account etc\nr 2233 hdg bracketed note om R29 LA\nSeizure and sale order—report by enforcement officer\nr 2234 hdg bracketed note om R29 LA\nSeizure and sale order—order for disposal and return of property to\nenforcement debtor\nr 2235 hdg bracketed note om R29 LA\nApplication—div 2.18.6\nr 2300 hdg bracketed note om R29 LA\nDebt redirection order—making\nr 2301 hdg bracketed note om R29 LA\nDebt redirection order—relevant considerations\nr 2303 hdg bracketed note om R29 LA\nDebt redirection order—joint funds\nr 2304 hdg bracketed note om R29 LA\nDebt redirection order—partnership debts\nr 2305 hdg bracketed note om R29 LA\nDebt redirection order—account with financial institution\nr 2306 hdg bracketed note om R29 LA\nDebt redirection order—claim by someone else\nr 2307 hdg bracketed note om R29 LA\nDebt redirection order—when debt redirected\nr 2308 hdg bracketed note om R29 LA\nDebt redirection order—notice by third person to enforcement creditor\nr 2309 hdg bracketed note om R29 LA\nDebt redirection order—payments by third person\nr 2310 hdg bracketed note om R29 LA\nDebt redirection order—third person disputes liability\nr 2311 hdg bracketed note om R29 LA\nDebt redirection order—discharge of third person\nr 2312 hdg bracketed note om R29 LA\n\nDebt redirection order—payment to enforcement debtor despite redirection\nr 2313 hdg bracketed note om R29 LA\nDebt redirection order—amending, suspending or setting aside\nr 2314 hdg bracketed note om R29 LA\nDebt redirection order—procedure if order not complied with\nr 2315 hdg bracketed note om R29 LA\nApplication—div 2.18.7\nr 2330 hdg bracketed note om R29 LA\nRegular redirection order—application of div 2.18.6\nr 2331 hdg bracketed note om R29 LA\nRegular redirection order—making\nr 2332 hdg bracketed note om R29 LA\nRegular redirection order—content\nr 2333 hdg bracketed note om R29 LA\nRegular redirection order—service and coming into force\nr 2334 hdg bracketed note om R29 LA\nr 2334 am SL2023-36 r 27\nRegular redirection order—financial institution to make payments etc\nr 2335 hdg bracketed note om R29 LA\nRegular redirection order—enforcement debtor not to defeat order\nr 2336 hdg bracketed note om R29 LA\nRegular redirection order—no other enforcement while in force\nr 2337 hdg bracketed note om R29 LA\nRegular redirection order—ceasing to have effect\nr 2338 hdg bracketed note om R29 LA\nEarnings redirection order—making\nr 2350 hdg bracketed note om R29 LA\nEarnings redirection order—relevant considerations\nr 2352 hdg bracketed note om R29 LA\nEarnings redirection order—limit\nr 2353 hdg bracketed note om R29 LA\nr 2353 sub SL2018-25 r 4\nEarnings redirection order—information about enforcement debtor’s\nearnings\nr 2354 hdg bracketed note om R29 LA\nEarnings redirection order—content\nr 2355 hdg bracketed note om R29 LA\n\nEarnings redirection order—service and coming into force\nr 2356 hdg bracketed note om R29 LA\nr 2356 am SL2023-36 r 28\nEarnings redirection order—person served not employer\nr 2357 hdg bracketed note om R29 LA\nEarnings redirection order—employer to make payments etc\nr 2358 hdg bracketed note om R29 LA\nr 2358 am SL2018-25 r 5\nEarnings redirection order—no other enforcement while in force\nr 2359 hdg bracketed note om R29 LA\nEarnings redirection order—amending, suspending or setting aside\nr 2360 hdg bracketed note om R29 LA\nEarnings redirection order—ceasing to have effect\nr 2361 hdg bracketed note om R29 LA\nEarnings redirection order—return of excess\nr 2362 hdg bracketed note om R29 LA\nEarnings redirection order—record of payments\nr 2363 am SL2006-58 amdt 1.8\nEarnings redirection order—2 or more orders in force\nr 2364 hdg bracketed note om R29 LA\nEarnings redirection order—person served ceasing to be employer\nr 2365 hdg bracketed note om R29 LA\nEarnings redirection order—enforcement debtor changes or ceases\nemployment\nr 2366 hdg bracketed note om R29 LA\nEarnings redirection order—directions\nr 2367 hdg bracketed note om R29 LA\nEarnings redirection order—employment protection\nr 2368 hdg bracketed note om R29 LA\nEarnings redirection order—procedure if order not complied with\nr 2369 hdg bracketed note om R29 LA\nApplication—div 2.18.9\nr 2400 hdg bracketed note om R29 LA\nCharging order—making\nr 2401 hdg bracketed note om R29 LA\nCharging order—effect\nr 2403 hdg bracketed note om R29 LA\n\nCharging order—enforcement debtor dealing with charged property\nr 2404 hdg bracketed note om R29 LA\nCharging order—issuer etc dealing with charged property\nr 2405 hdg bracketed note om R29 LA\nCharging order—application to enforce charge\nr 2406 hdg bracketed note om R29 LA\nCharging order—procedure against partnership property for partner’s\nseparate order debt\nr 2407 hdg bracketed note om R29 LA\nEnforcement orders—amounts in court\nr 2420 hdg bracketed note om R29 LA\nEnforcement orders—stop orders\nr 2421 hdg bracketed note om R29 LA\nApplication—div 2.18.11\nr 2430 hdg bracketed note om R29 LA\nReceiver—appointment\nr 2431 hdg bracketed note om R29 LA\nReceiver—relevant considerations for appointment\nr 2433 hdg bracketed note om R29 LA\nReceiver—powers\nr 2434 hdg bracketed note om R29 LA\nReceiver—general provisions apply\nr 2435 hdg bracketed note om R29 LA\nEnforcement—orders for possession of land\nr 2440 hdg bracketed note om R29 LA\nEnforcement—orders for return of goods etc\nr 2441 hdg bracketed note om R29 LA\nr 2441 am SL2007-16 r 11\nEnforcement—orders to do or not do an act\nr 2442 hdg bracketed note om R29 LA\nr 2442 am SL2007-16 rr 12-14\nEnforcement—undertakings\nr 2443 hdg bracketed note om R29 LA\nr 2443 am SL2007-16 r 15, r 16\nEnforcement—failure of individual to comply with subpoena etc\nr 2444 hdg bracketed note om R29 LA\nr 2444 am SL2006-58 amdt 1.9\n\nEnforcement—failure of corporation to comply with subpoena etc\nr 2445 hdg bracketed note om R29 LA\nr 2445 am SL2006-58 amdt 1.10\nEnforcement by contempt or seizing and detaining property—preconditions\nr 2446 hdg bracketed note om R29 LA\nr 2446 am SL2008-25 r 16\nOrder for delivery of possession of land—making\nr 2451 hdg bracketed note om R29 LA\nOrders for delivery of possession of land—preconditions\nr 2452 hdg bracketed note om R29 LA\nOrder for seizure and delivery of goods—making\nr 2460 hdg bracketed note om R29 LA\nOrder for seizure and detention of property—making\nr 2470 hdg bracketed note om R29 LA\nOrder for seizure and detention of property—preconditions\nr 2471 hdg bracketed note om R29 LA\nOrder for seizure and detention of property—against officer of corporation\nr 2472 hdg bracketed note om R29 LA\nOrder for seizure and detention of property—return of seized property\nr 2473 hdg bracketed note om R29 LA\nContempt—application of div 2.18.16\nr 2500 hdg bracketed note om R29 LA\nr 2500 am SL2007-16 r 17; rr renum R7 LA; SL2010-24 r 10;\nSL2020-34 r 4\nContempt—applications generally\nr 2501 hdg bracketed note om R29 LA\nContempt—application by registrar\nr 2502 hdg bracketed note om R29 LA\nContempt of the Australian Crime Commission\nr 2502A ins SL2010-24 r 11\nContempt of the ACT Integrity Commission\nr 2502B ins SL2020-34 r 5\nContempt—arrest warrant if respondent likely to abscond etc\nr 2503 hdg bracketed note om R29 LA\nContempt in face or hearing of court—alternative procedure\nr 2504 hdg bracketed note om R29 LA\nContempt—arrest warrant\nr 2505 hdg bracketed note om R29 LA\n\nContempt—punishment\nr 2506 hdg bracketed note om R29 LA\nContempt—costs\nr 2507 hdg bracketed note om R29 LA\nApplication—div 2.18.17\nr 2550 hdg bracketed note om R29 LA\nArrest warrant for defendant—application\nr 2552 hdg bracketed note om R29 LA\nArrest warrant for defendant—issue\nr 2553 hdg bracketed note om R29 LA\nArrest warrant for defendant—enforcement\nr 2554 hdg bracketed note om R29 LA\nr 2554 am SL2023-36 r 29\nArrest warrant for defendant—costs of enforcement\nr 2555 hdg bracketed note om R29 LA\nArrest warrant for defendant—service of warrant and claim\nr 2556 hdg bracketed note om R29 LA\nArrest warrant for defendant—record of enforcement\nr 2557 hdg bracketed note om R29 LA\nArrest warrant for defendant—procedure after arrest\nr 2558 hdg bracketed note om R29 LA\nArrest warrant for defendant—release of defendant\nr 2559 hdg bracketed note om R29 LA\nArrest warrant for defendant—court powers\nr 2560 hdg bracketed note om R29 LA\nArrest warrant for defendant—failure to comply with conditions\nr 2561 hdg bracketed note om R29 LA\nArrest warrant for defendant—review\nr 2562 hdg bracketed note om R29 LA\nArrest warrant for defendant—restriction on further applications\nr 2563 hdg bracketed note om R29 LA\nArrest warrant for defendant—costs\nr 2564 hdg bracketed note om R29 LA\nInterpleader—application by stakeholder\nr 2600 hdg bracketed note om R29 LA\nInterpleader—notice of claim to enforcement officer\nr 2605 hdg bracketed note om R29 LA\n\nInterpleader—failure to give notice of claim\nr 2606 hdg bracketed note om R29 LA\nInterpleader—notice to enforcement creditor\nr 2607 hdg bracketed note om R29 LA\nInterpleader—admission of claim\nr 2608 hdg bracketed note om R29 LA\nInterpleader—enforcement officer’s interpleader application\nr 2609 hdg bracketed note om R29 LA\nInterpleader—enforcement debtor’s rights not affected\nr 2610 hdg bracketed note om R29 LA\nInterpleader—orders\nr 2620 hdg bracketed note om R29 LA\nInterpleader—summary disposal of proceeding\nr 2621 hdg bracketed note om R29 LA\nInterpleader—adverse claims\nr 2622 hdg bracketed note om R29 LA\nInterpleader—default by claimant\nr 2623 hdg bracketed note om R29 LA\nInterpleader—neutrality of applicant\nr 2624 hdg bracketed note om R29 LA\nInterpleader order—2 or more proceedings\nr 2625 hdg bracketed note om R29 LA\nInterpleader—trial\nr 2626 hdg bracketed note om R29 LA\nInterpleader—disposal of amounts in court\nr 2627 hdg bracketed note om R29 LA\nTrusts and estates—decision without order for administration\nr 2700 hdg bracketed note om R29 LA\nTrusts and estates—application not to affect powers\nr 2701 hdg bracketed note om R29 LA\nTrusts and estates—conduct of sale\nr 2702 hdg bracketed note om R29 LA\nAccount—order for account\nr 2721 hdg bracketed note om R29 LA\nAccount—orders\nr 2722 hdg bracketed note om R29 LA\n\nAccounts—service of order etc\nr 2723 hdg bracketed note om R29 LA\nAccounts—form and verification\nr 2724 hdg bracketed note om R29 LA\nAccounts—filing and service\nr 2725 hdg bracketed note om R29 LA\nAccounts—challenging account\nr 2726 hdg bracketed note om R29 LA\nAccounts—witness\nr 2727 hdg bracketed note om R29 LA\nAccounts—allowances\nr 2728 hdg bracketed note om R29 LA\nAccounts—delay\nr 2729 hdg bracketed note om R29 LA\nAccounts—powers exercisable on taking account\nr 2730 hdg bracketed note om R29 LA\nAccounts—class interests\nr 2731 hdg bracketed note om R29 LA\nAccounts—reference to judicial officer\nr 2732 hdg bracketed note om R29 LA\nr 2732 am SL2015-22 r 25, r 61; SL2020-45 r 6; SL2024-9 rr 12-14\nAccounts—certificate about taking of account\nr 2733 hdg bracketed note om R29 LA\nAccounts—further consideration\nr 2734 hdg bracketed note om R29 LA\nInquiries—procedure for inquiries\nr 2740 hdg bracketed note om R29 LA\nInquiries—orders\nr 2741 hdg bracketed note om R29 LA\nEstate and trust accounts—order requiring examination and passing of\naccounts\nr 2746 hdg bracketed note om R29 LA\nEstate and trust accounts—compliance with order for examination and\npassing of accounts\nr 2747 hdg bracketed note om R29 LA\nEstate and trust accounts—application for commission\nr 2748 hdg bracketed note om R29 LA\n\nEstate and trust accounts—notice of filing of accounts etc\nr 2749 hdg bracketed note om R29 LA\nr 2749 am SL2006-58 amdt 1.11; SL2023-36 r 30\nEstate and trust accounts—appearance of beneficiary at examination\nr 2750 hdg bracketed note om R29 LA\nr 2750 am SL2006-58 amdt 1.12\nEstate and trust accounts—examination\nr 2751 hdg bracketed note om R29 LA\nEstate and trust accounts—conduct of examination\nr 2752 hdg bracketed note om R29 LA\nEstate and trust accounts—application for passing accounts etc\nr 2753 hdg bracketed note om R29 LA\nEstate and trust accounts—passing of accounts etc\nr 2754 hdg bracketed note om R29 LA\nEstate and trust accounts—amended or further accounts\nr 2755 hdg bracketed note om R29 LA\nEstate and trust accounts—renewal of objection in subsequent proceeding\nr 2756 hdg bracketed note om R29 LA\nEstate and trust accounts—evidence in subsequent proceeding\nr 2757 hdg bracketed note om R29 LA\nEstate and trust accounts—general practice to apply\nr 2758 hdg bracketed note om R29 LA\nEstate and trust accounts—combined executors’ and trustees’ account\nr 2759 hdg bracketed note om R29 LA\nTrustees—allowance of commission in proceeding\nr 2760 hdg bracketed note om R29 LA\nPower to act by solicitor\nr 2800 hdg bracketed note om R29 LA\nAppointment of solicitor\nr 2801 hdg bracketed note om R29 LA\nChange between acting personally and acting by solicitor\nr 2802 hdg bracketed note om R29 LA\nr 2802 am SL2017-10 r 6\nChange of solicitor\nr 2803 hdg bracketed note om R29 LA\nRemoval of solicitor by court\nr 2804 hdg bracketed note om R29 LA\n\nSolicitor removed from roll etc\nr 2805 hdg bracketed note om R29 LA\nWithdrawal as solicitor\nr 2806 hdg bracketed note om R29 LA\nr 2806 sub SL2021-15 r 4\nam SL2024-9 r 15\nLeave to withdraw as solicitor\nr 2807 hdg bracketed note om R29 LA\nr 2807 am SL2021-15 r 5, r 6; rr renum R61 LA\nEffect of removal of, or leave to withdraw as, solicitor\nr 2808 hdg bracketed note om R29 LA\nr 2808 am SL2021-15 r 7\nWithdrawal of solicitor’s agent\nr 2809 hdg bracketed note om R29 LA\nSolicitor not to act for adverse parties\nr 2810 hdg bracketed note om R29 LA\nDeclaratory order\nr 2900 hdg bracketed note om R29 LA\nCopies of documents from registrar\nr 2901 hdg bracketed note om R29 LA\nr 2901 am SL2017-10 r 7\nSearches of registers etc\nr 2902 hdg bracketed note om R29 LA\nInspection of registry files\nr 2903 hdg bracketed note om R29 LA\nr 2903 am SL2017-10 r 8\nDefinitions—pt 3.1\nr 3000 hdg bracketed note om R29 LA\nTerms used in Administration and Probate Act\nr 3001 hdg bracketed note om R29 LA\nr 3001 am A2007-3 amdt 3.129\nGrant of representation—application\nr 3005 hdg bracketed note om R29 LA\nr 3005 am SL2011-17 r 13, r 14; rr renum R26 LA; SL2016-17 r 11;\nSL2022-2 r 4\nGrant of representation—notice of intention to apply to be published online\netc\nr 3006 hdg bracketed note om R29 LA\nsub SL2022-2 r 5\nr 3006 am SL2006-58 amdt 1.13; SL2022-2 r 6\n\nGrant of administration—notice of intention to apply to be served on non-\napplicant domestic partner or next of kin\nr 3007 hdg bracketed note om R29 LA\nr 3007 am SL2006-58 amdt 1.14\nGrant of administration—notice of intention of creditor to apply to be served\non domestic partner and next of kin\nr 3008 hdg bracketed note om R29 LA\nr 3008 am SL2006-58 amdt 1.14\nGrant of representation—when notice of intention to apply to be served on\npublic trustee and guardian\nr 3009 hdg bracketed note om R29 LA\nr 3009 am SL2016-17 r 11\nGrant of representation—supporting affidavit for application\nr 3010 hdg bracketed note om R29 LA\nr 3010 am SL2006-58 amdts 1.15-1.18; A2007-3 amdt 3.130;\nSL2014-34 r 11; SL2016-17 r 11; SL2022-2 r 7, r 8\nGrant of representation—affidavit of search\nr 3011 hdg bracketed note om R29 LA\nGrant of representation—proof of identity and death\nr 3012 hdg bracketed note om R29 LA\nGrant of representation—further evidence, documents and notices\nr 3013 hdg bracketed note om R29 LA\nGrant of representation—no grant to executor etc who has renounced\nr 3014 hdg bracketed note om R29 LA\nr 3014 sub SL2006-58 amdt 1.19\nReseal of foreign grant—application\nr 3020 hdg bracketed note om R29 LA\nReseal of foreign grant—notice of intention to apply to be published online\netc\nr 3021 hdg bracketed note om R29 LA\nsub SL2022-2 r 9\nr 3021 am SL2022-2 r 10\nReseal of foreign grant—supporting affidavit for application\nr 3022 hdg bracketed note om R29 LA\nr 3022 am SL2022-2 r 11, r 12\nReseal of foreign grant—affidavit of search\nr 3023 hdg bracketed note om R29 LA\nGrant of representation—evidence of proper attestation of will\nr 3030 hdg bracketed note om R29 LA\n\nGrant of representation—will by blind or illiterate person\nr 3031 hdg bracketed note om R29 LA\nGrant of representation—alterations in will\nr 3032 hdg bracketed note om R29 LA\nGrant of representation—documents mentioned in or attached to will\nr 3033 hdg bracketed note om R29 LA\nGrant of representation—evidence of proper execution of will etc\nr 3034 hdg bracketed note om R29 LA\nGrant of representation—will inoperative or partly inoperative\nr 3035 hdg bracketed note om R29 LA\nAdministration bond—requirement for bond\nr 3045 hdg bracketed note om R29 LA\nr 3045 am SL2016-17 r 11\nAdministration bond—dispensing with bond\nr 3046 hdg bracketed note om R29 LA\nAdministration bond—affidavit of justification\nr 3047 hdg bracketed note om R29 LA\nAdministration bond—exempt surety\nr 3048 hdg bracketed note om R29 LA\nAdministration bond—addition or reduction after required but before given\nr 3049 hdg bracketed note om R29 LA\nAdministration bond—addition or reduction after given\nr 3050 hdg bracketed note om R29 LA\nAdministration bond—proceeding on bond\nr 3051 hdg bracketed note om R29 LA\nAdministration bond—application by surety\nr 3052 hdg bracketed note om R29 LA\nAdministration bond—reseal of foreign grant\nr 3053 hdg bracketed note om R29 LA\nAdministration by public trustee and guardian\ndiv 3.1.6 hdg am SL2016-17 r 11\nAdministration by public trustee and guardian—application\nr 3055 hdg bracketed note om R29 LA\nr 3055 am SL2016-17 r 11\n\nAdministration by public trustee and guardian—renunciation of probate by\nexecutors\nr 3056 hdg bracketed note om R29 LA\nr 3056 am SL2006-58 amdt 1.20; SL2016-17 r 11\nAdministration by public trustee and guardian—renunciation of letters of\nadministration by entitled people\nr 3057 hdg bracketed note om R29 LA\nr 3057 am SL2006-58 amdt 1.20; SL2016-17 r 11\nAdministration by public trustee and guardian—service of documents on\npublic trustee and guardian\nr 3058 hdg bracketed note om R29 LA\nr 3058 am SL2016-17 r 11\nDefinitions—div 3.1.7\nr 3065 hdg bracketed note om R29 LA\nCaveat—filing\nr 3066 hdg bracketed note om R29 LA\nr 3066 am SL2020-45 r 7\nCaveat—service\nr 3067 hdg bracketed note om R29 LA\nCaveat—period of operation\nr 3068 hdg bracketed note om R29 LA\nCaveat—setting aside\nr 3069 hdg bracketed note om R29 LA\nCaveat—withdrawal if no pending proceeding for grant of representation etc\nr 3070 hdg bracketed note om R29 LA\nCaveat—leave to withdraw\nr 3071 hdg bracketed note om R29 LA\nCaveat—effect if filed on day of grant\nr 3072 hdg bracketed note om R29 LA\nRevocation of grant—urgent order before start of proceeding\nr 3080 hdg bracketed note om R29 LA\nRevocation of grant—application\nr 3081 hdg bracketed note om R29 LA\nRevocation of grant—orders\nr 3082 hdg bracketed note om R29 LA\n\nRevocation of grant—return of original grant\nr 3083 hdg bracketed note om R29 LA\nDefinitions—div 3.1.9\nr 3090 hdg bracketed note om R29 LA\nDivision 3.1.9 proceeding—application for revocation\nr 3093 hdg bracketed note om R29 LA\nDivision 3.1.9 proceeding—affidavits\nr 3094 hdg bracketed note om R29 LA\nDivision 3.1.9 proceeding—affidavits of scripts\nr 3095 hdg bracketed note om R29 LA\nDivision 3.1.9 proceeding—directions for notice to people with beneficial\ninterests\nr 3096 hdg bracketed note om R29 LA\nDivision 3.1.9 proceeding—notice of intention to intervene\nr 3097 hdg bracketed note om R29 LA\nDivision 3.1.9 proceeding—filing of grant of representation\nr 3098 hdg bracketed note om R29 LA\nAdministration and probate—registrar may make inquiries\nr 3110 hdg bracketed note om R29 LA\nAdministration and probate—subpoenas\nr 3111 hdg bracketed note om R29 LA\nAdministration and probate—evidence about domicile\nr 3112 hdg bracketed note om R29 LA\nAdministration and probate—proof in solemn form\nr 3113 hdg bracketed note om R29 LA\nFailure by executor, administrator or trustee to comply with beneficiary’s\nrequest etc\nr 3115 hdg bracketed note om R29 LA\nGrant of administration—grant to child\nr 3116 hdg bracketed note om R29 LA\nr 3116 am SL2016-17 r 11\nOrder about administration of real estate—Administration and Probate Act,\ns 51\nr 3117 hdg bracketed note om R29 LA\nAdministration and probate book\nr 3119 hdg bracketed note om R29 LA\n\nProved wills to be kept by court\nr 3120 sub SL2011-17 r 15\nDefinitions—pt 3.2\nr 3150 hdg bracketed note om R29 LA\nr 3150 def chief executive am A2008-20 amdt 3.14\nom SL2011-17 r 16\ndef CYP director-general ins SL2011-17 r 17\ndef discharging order am SL2010-24 r 12\ndef order for access to identifying information sub\nSL2010-24 r 13\nTerms used in Adoption Act\nr 3151 hdg bracketed note om R29 LA\nr 3151 am SL2010-24 r 14\nReferences to applicants—div 3.2.2\nr 3155 hdg bracketed note om R29 LA\nr 3155 am SL2011-17 r 18\nAdoption order—application\nr 3156 hdg bracketed note om R29 LA\nr 3156 am SL2011-17 r 19; SL2022-2 rr 13-15\nAdoption order—supporting affidavit for application for adoption of child or\nyoung person\nr 3157 hdg bracketed note om R29 LA\nsub SL2022-2 r 16\nr 3157 am SL2010-24 r 16, r 17; SL2022-2 r 17\nAdoption order—supporting affidavit for application for adoption of person\n18 years old or older\nr 3157A ins SL2022-2 r 18\nAdoption order—documents accompanying application\nr 3158 hdg bracketed note om R29 LA\nr 3158 am SL2009-56 r 22; SL2010-24 rr 18-24; SL2011-17 r 20;\nSL2022-2 r 19, r 20\nAdoption order—service of application on CYP director-general\nr 3159 hdg am SL2011-17 r 21\nr 3159 sub SL2006-58 amdt 1.21\nam SL2011-17 r 21\nsub SL2022-2 r 21\nAdoption order—notice of intention to oppose\nr 3160 hdg bracketed note om R29 LA\nr 3160 am SL2010-24 r 25, r 26; SL2011-17 r 22; SL2022-2 r 22, r 23\n\nDispensing order—application\nr 3170 hdg bracketed note om R29 LA\nDispensing order—service of application\nr 3171 hdg bracketed note om R29 LA\nr 3171 am SL2011-17 r 23\nDispensing order—notice of intention to oppose\nr 3172 hdg bracketed note om R29 LA\nr 3172 am SL2011-17 r 24\nAmendment order—application\nr 3180 hdg bracketed note om R29 LA\nr 3180 am SL2010-24 r 27; SL2011-17 r 25\nAmendment order—service of application\nr 3181 hdg bracketed note om R29 LA\nAmendment order—notice of intention to oppose\nr 3182 hdg bracketed note om R29 LA\nDischarging order—application\nr 3190 hdg bracketed note om R29 LA\nDischarging order—service of application\nr 3191 hdg bracketed note om R29 LA\nr 3191 am SL2010-24 r 28\nDischarging order—notice of intention to oppose\nr 3192 hdg bracketed note om R29 LA\nr 3192 am SL2010-24 r 28\nOrder for access to identifying information—application\nr 3200 hdg bracketed note om R29 LA\nOrder for access to identifying information—service of application\nr 3201 hdg bracketed note om R29 LA\nr 3201 am SL2006-58 amdt 1.22; SL2011-17 r 26; SL2022-2 r 24\nOrder for access to identifying information—notice of intention to oppose\nr 3202 hdg bracketed note om R29 LA\nAdoption proceedings—service of applications\nr 3210 hdg bracketed note om R29 LA\nr 3210 am SL2006-58 amdt 1.23; SL2011-17 r 27, r 28\nAdoption proceedings—service of documents containing identifying\ninformation\nr 3211 am SL2010-24 r 29\nCommercial arbitration—general\ndiv 3.3.1 hdg ins SL2014-34 r 12\n\nMeaning of Commercial Arbitration Act—pt 3.3\nr 3250 hdg bracketed note om R29 LA\nr 3250 am SL2017-17 r 10\nTerms used in Commercial Arbitration Act\nr 3251 am A2007-3 amdt 3.131\nsub SL2017-17 r 11\nCommercial arbitration—application\nr 3252 hdg bracketed note om R29 LA\nCommercial arbitration—leave to appeal under Commercial Arbitration Act,\ns 34A\nr 3253 hdg bracketed note om R29 LA\nr 3253 sub SL2017-17 r 12\nCommercial arbitration—appeal under Commercial Arbitration Act, s 38\nr 3254 hdg bracketed note om R29 LA\nr 3254 om SL2017-17 r 13\nCommercial arbitration—application under Commercial Arbitration Act, s 27J\nr 3255 hdg bracketed note om R29 LA\nr 3255 sub SL2017-17 r 14\nCommercial arbitration—application for order under Commercial Arbitration\nAct, s 34 (1)\nr 3256 hdg bracketed note om R29 LA\nr 3256 sub SL2017-17 r 14\nCommercial arbitration—offers of compromise\nr 3257 hdg bracketed note om R29 LA\nr 3257 sub SL2014-34 r 13\nCommercial arbitration—examination of witnesses\nr 3258 hdg bracketed note om R29 LA\nCommercial arbitration—decision to refuse to issue interim measure\nr 3259 hdg bracketed note om R29 LA\nr 3259 sub SL2017-17 r 15\nCommercial arbitration—application to enforce arbitral award\nr 3260 hdg bracketed note om R29 LA\nr 3260 sub SL2017-17 r 15\nCommercial arbitration—evidence of arbitral award for purposes of\nr 3261 hdg bracketed note om R29 LA\nr 3261 sub SL2017-17 r 15\n\nCommercial arbitration—endorsement and service of application for\nr 3262 hdg bracketed note om R29 LA\nr 3262 sub SL2017-17 r 15\nCommercial arbitration—payment into court\ndiv 3.3.2 hdg ins SL2014-34 r 14\nCommercial arbitration—payment into court\nr 3263 ins SL2014-34 r 14\nPayment into court—costs\nr 3264 ins SL2014-34 r 14\nPayment into court—bond or security\nr 3265 ins SL2014-34 r 14\nPayment into court—interest up to payment\nr 3266 ins SL2014-34 r 14\nPayment into court—acceptance\nr 3267 ins SL2014-34 r 14\nPayment into court—costs on acceptance by claimant\nr 3268 ins SL2014-34 r 14\nPayment into court—payment out of remaining amount\nr 3269 ins SL2014-34 r 14\nPayment into court—nondisclosure\nr 3269A ins SL2014-34 r 14\nDefinitions—pt 3.5\nr 3300 hdg bracketed note om R29 LA\nTerms used in Cross-vesting Act\nr 3301 hdg bracketed note om R29 LA\nApplication—pt 3.5\nr 3302 hdg bracketed note om R29 LA\nCross-vesting—application for transfer or removal of proceedings\nr 3303 hdg bracketed note om R29 LA\nCross-vesting—application by Attorney-General\nr 3304 hdg bracketed note om R29 LA\nCross-vesting—removal of proceedings\nr 3305 hdg bracketed note om R29 LA\n\nCross-vesting—relying on jurisdiction under cross-vesting laws\nr 3306 hdg bracketed note om R29 LA\nCross-vesting—service\nr 3307 hdg bracketed note om R29 LA\nCross-vesting—directions\nr 3308 hdg bracketed note om R29 LA\nCross-vesting—procedure following transfer of proceeding from court\nr 3309 hdg bracketed note om R29 LA\nCross-vesting—procedure following transfer of proceeding to court\nr 3310 hdg bracketed note om R29 LA\nCross-vesting—application of another jurisdiction’s written law\nr 3311 hdg bracketed note om R29 LA\nCross-vesting—application of another jurisdiction’s rules of evidence and\nr 3312 hdg bracketed note om R29 LA\nDefinitions—pt 3.6\nr 3350 hdg bracketed note om R29 LA\nElection application etc originating application\nr 3353 hdg bracketed note om R29 LA\nDisputed election—deposit as security for costs\nr 3355 hdg bracketed note om R29 LA\nDisputed election—public notice of election application\nr 3356 hdg bracketed note om R29 LA\nDisputed election—parties to proceeding\nr 3357 hdg bracketed note om R29 LA\nDisputed election—particulars of contested ballot papers\nr 3359 hdg bracketed note om R29 LA\nDisputed election—countercharges\nr 3360 hdg bracketed note om R29 LA\nDisputed election—time of trial etc\nr 3361 hdg bracketed note om R29 LA\nDisputed election—substitution of plaintiff\nr 3362 hdg bracketed note om R29 LA\nDisputed election—withdrawal of defendant\nr 3363 hdg bracketed note om R29 LA\nDisputed election—substitution of defendant\nr 3364 hdg bracketed note om R29 LA\n\nQuestion referred—parties to proceeding\nr 3400 hdg bracketed note om R29 LA\nElectoral matters—better particulars\nr 3405 hdg bracketed note om R29 LA\nDefinitions—div 3.7.1\nr 3450 hdg bracketed note om R29 LA\nForeign confiscation orders—register\nr 3452 hdg bracketed note om R29 LA\nForeign confiscation orders—registration\nr 3453 hdg bracketed note om R29 LA\nForeign confiscation orders—proceedings for registration\nr 3454 hdg bracketed note om R29 LA\nForeign confiscation orders—when registration cancelled\nr 3455 hdg bracketed note om R29 LA\nDefinitions—div 3.7.2\nr 3460 hdg bracketed note om R29 LA\nInterstate confiscation orders—register\nr 3461 hdg bracketed note om R29 LA\nInterstate confiscation orders—registration\nr 3462 hdg bracketed note om R29 LA\nInterstate confiscation orders—proceedings for registration\nr 3463 hdg bracketed note om R29 LA\nInterstate confiscation orders—when registration cancelled\nr 3464 hdg bracketed note om R29 LA\nInterstate confiscation orders—filing of amendments etc\nr 3465 hdg bracketed note om R29 LA\nDefinitions—pt 3.8\nr 3470 hdg bracketed note om R29 LA\nTerms used in Foreign Judgments Act\nr 3471 hdg bracketed note om R29 LA\nApplication—pt 3.8\nr 3472 hdg bracketed note om R29 LA\nForeign judgment—application for registration\nr 3473 hdg bracketed note om R29 LA\nForeign judgment—evidence in support of application for registration\nr 3474 hdg bracketed note om R29 LA\nr 3474 am SL2011-33 r 5\n\nForeign judgment—security for costs of application for registration\nr 3475 hdg bracketed note om R29 LA\nForeign judgment—order for registration\nr 3476 hdg bracketed note om R29 LA\nForeign judgment—register\nr 3477 hdg bracketed note om R29 LA\nForeign judgment—registration\nr 3478 hdg bracketed note om R29 LA\nr 3478 am SL2006-58 amdt 1.24\nForeign judgment—notice of registration\nr 3479 hdg bracketed note om R29 LA\nNotice of registration—affidavit of service to be filed\nr 3480 hdg bracketed note om R29 LA\nRegistration of judgment—application to set aside\nr 3481 hdg bracketed note om R29 LA\nForeign judgment—enforcement\nr 3482 hdg bracketed note om R29 LA\nAustralian judgment—certificate for foreign registration\nr 3483 hdg bracketed note om R29 LA\nr 3483 am SL2006-58 amdt 1.25; rr renum R4 LA\nDefinitions—pt 3.9\nr 3500 hdg bracketed note om R29 LA\nApplication—pt 3.9\nr 3501 hdg bracketed note om R29 LA\nHabeas corpus—application and service\nr 3504 hdg bracketed note om R29 LA\nr 3504 am SL2011-34 r 13\nHabeas corpus—parties\nr 3505 hdg bracketed note om R29 LA\nHabeas corpus—procedure on application etc\nr 3506 hdg bracketed note om R29 LA\nr 3506 am SL2018-25 r 6\nHabeas corpus—return of order\nr 3507 hdg bracketed note om R29 LA\nDefinitions—pt 3.10\nr 3550 hdg bracketed note om R29 LA\nApplication—pt 3.10\nr 3552 hdg bracketed note om R29 LA\n\nJudicial review—prerogative writs etc abolished\nr 3553 hdg bracketed note om R29 LA\nJudicial review—relief previously granted by prerogative writ etc\nr 3554 hdg bracketed note om R29 LA\nJudicial review—other jurisdiction not excluded\nr 3555 hdg bracketed note om R29 LA\nJudicial review—application etc\nr 3556 hdg bracketed note om R29 LA\nJudicial review—time for starting proceeding\nr 3557 hdg bracketed note om R29 LA\nJudicial review—declaration or injunction\nr 3558 hdg bracketed note om R29 LA\nJudicial review—other prerogative relief etc\nr 3559 hdg bracketed note om R29 LA\nJudicial review—additional orders\nr 3560 hdg bracketed note om R29 LA\nJudicial review—application for statutory order of review and prerogative\nrelief etc\nr 3561 hdg bracketed note om R29 LA\nJudicial review—relief based on application for prerogative relief etc if\napplication made for statutory order of review\nr 3562 hdg bracketed note om R29 LA\nJudicial review—filing and serving statements\nr 3563 hdg bracketed note om R29 LA\nr 3563 am SL2009-32 r 5\nJudicial review—stay or dismissal of application for statutory order of review\non return date\nr 3564 hdg bracketed note om R29 LA\nJudicial review—directions on return date\nr 3565 hdg bracketed note om R29 LA\nJudicial review—power of the court to stay or dismiss applications in certain\ncircumstances\nr 3566 hdg bracketed note om R29 LA\nJudicial review—additional requirements for certiorari order\nr 3567 hdg bracketed note om R29 LA\nJudicial review—no proceeding in relation to things done under mandamus\nr 3568 hdg bracketed note om R29 LA\n\nJudicial review—disclaimer in relation to quo warranto order\nr 3569 hdg bracketed note om R29 LA\nr 3569 am SL2011-34 r 14\nJudicial review—proceeding in relation to statement of reasons\nr 3570 hdg bracketed note om R29 LA\nDefinitions—pt 3.11\nr 3600 sub SL2014-9 r 5\ndef admission sub SL2014-9 r 5\ndef APLEC ins SL2014-9 r 5\ndef application for a costs assessment ins SL2011-17 r 29\nsub SL2014-9 r 5\ndef application for admission sub SL2014-9 r 5\ndef approved academic institution ins SL2014-9 r 5\ndef approved course of study ins SL2014-9 r 5\ndef approved PLT course ins SL2014-9 r 5\ndef approved PLT provider ins SL2014-9 r 5\ndef approved subject ins SL2014-9 r 5\ndef LACC ins SL2014-9 r 5\ndef Legal Profession Act sub SL2014-9 r 5\nTerms used in Legal Profession Act\nr 3601 hdg bracketed note om R29 LA\nr 3601 am SL2011-17 r 30\nAcademic qualifications\nsubdiv 3.11.2.1 hdg ins SL2014-9 r 6\nAdmission—approved academic qualifications—Legal Profession Act,\ns 21 (5)\nr 3605 hdg bracketed note om R29 LA\nr 3605 am SL2007-37 r 7\nam SL2019-11 r 4; rr renum R53 LA\nApproval of academic institutions\nsubdiv 3.11.2.2 hdg ins SL2014-9 r 6\nApproved academic institutions\nr 3606 hdg bracketed note om R29 LA\nr 3606 am SL2012-24 r 13, r 14\nam SL2015-22 r 26\nMonitoring and review\nr 3607 hdg bracketed note om R29 LA\nApproval of course of study\nsubdiv 3.11.2.3 hdg ins SL2014-9 r 6\n\nApproval of course of study\nr 3607A ins SL2014-9 r 6\nApproval of subjects\nr 3607B ins SL2014-9 r 6\nChanges to approved courses of study\nr 3607C ins SL2014-9 r 6\nPractical legal training\nsubdiv 3.11.2.4 hdg ins SL2014-9 r 6\nPractical legal training\nr 3607D ins SL2014-9 r 6\nam SL2019-11 r 5\nEarly commencement of practical legal training\nr 3607DA ins SL2019-11 r 6\nPractical legal training providers and courses\nsubdiv 3.11.2.5 hdg ins SL2014-9 r 6\nApproval of PLT providers\nr 3607E ins SL2014-9 r 6\nam SL2017-40 r 5\nMonitoring and review of approved PLT provider\nr 3607F ins SL2014-9 r 6\nApproval of training course\nr 3607G ins SL2014-9 r 6\nChanges to approved courses of study\nr 3607H ins SL2014-9 r 6\nAdmission—application and related matters\nsubdiv 3.11.2.6 hdg ins SL2014-9 r 6\nAdmission—application for admission\nr 3608 hdg bracketed note om R29 LA\nr 3608 am SL2015-22 r 27; SL2019-11 r 7, r 8; pars renum R53 LA;\nSL2023-36 r 31\nAdmission—when application must be made\nr 3609 hdg bracketed note om R29 LA\nr 3609 am SL2011-34 r 15; SL2020-45 r 8\nRequest for absentee admission\nr 3609A ins SL2019-11 r 9\nAdmission—objection by bar council or law society council\nr 3611 hdg bracketed note om R29 LA\n\nAdmission—appearance by bar council or law society council\nr 3612 hdg bracketed note om R29 LA\nAdmission—applicant’s duty of frankness\nr 3613 hdg bracketed note om R29 LA\nAdmission—oath or affirmation\nr 3614 sub SL2006-43 r 4\nam SL2019-11 r 10\nAdmission—absentee admission\nr 3614A ins SL2019-11 r 11\nAdmission—entry on local roll\nr 3615 ins SL2006-43 r 4\nam SL2019-11 r 12\nAssessment of client costs\ndiv 3.11.3 hdg ins SL2011-17 r 31\nApplication—div 3.11.3\nr 3620 ins SL2011-17 r 31\nForm of application\nr 3621 ins SL2011-17 r 31\nam SL2023-36 r 32\nApplication for leave to apply out of time\nr 3622 ins SL2011-17 r 31\nDirections\nr 3623 ins SL2011-17 r 31\nResponse to application\nr 3624 ins SL2011-17 r 31\nNotice of objections to legal costs\nr 3625 ins SL2011-17 r 31\nSmall Claims Court\npt 3.12 hdg ins SL2006-58 r 4\nSmall Claims Court—preliminary\ndiv 3.12.1 hdg ins SL2006-58 r 4\nDefinitions—pt 3.12\nr 3730 ins SL2006-58 r 4\ndef conference ins SL2006-58 r 4\n\ndef court ins SL2006-58 r 4\ndef Magistrates Court Act ins SL2006-58 r 4\ndef order ins SL2006-58 r 4\ndef restoration order ins SL2006-58 r 4\nMeaning of applicant and respondent—pt 3.12\nr 3731 ins SL2006-58 r 4\nTerms used in Magistrates Court Act\nr 3732 ins SL2006-58 r 4\nApplication—pt 3.12\nr 3733 ins SL2006-58 r 4\nSmall Claims Court—application of ch 2 generally\nr 3734 ins SL2006-58 r 4\nSmall Claims Court—starting proceeding\ndiv 3.12.2 hdg ins SL2006-58 r 4\nSmall Claims Court—assistance to members of public\nr 3735 ins SL2006-58 r 4\nSmall Claims Court—who may start and carry on a proceeding\nr 3736 ins SL2006-58 r 4\nam SL2007-16 r 18\nSmall Claims Court—originating application etc\nr 3737 ins SL2006-58 r 4\nSmall Claims Court—single application for each matter\nr 3738 ins SL2006-58 r 4\nSmall Claims Court—debt declaration\nr 3739 ins SL2006-58 r 4\n\nSmall Claims Court—claim for interest\nr 3740 ins SL2006-58 r 4\nSmall Claims Court—service of originating application etc\nr 3741 ins SL2006-58 r 4\nSmall Claims Court—response to originating application\nr 3742 ins SL2006-58 r 4\nSmall Claims Court—counterclaim and set-off\nr 3743 ins SL2006-58 r 4\nSmall Claims Court—response to nuisance application or trespass\nr 3744 ins SL2006-58 r 4\nSmall Claims Court—amendment\nr 3745 ins SL2006-58 r 4\nSmall Claims Court—third-party proceeding\ndiv 3.12.3 hdg ins SL2006-58 r 4\nApplication of div 3.12.3—common boundary applications\nr 3746 ins SL2006-58 r 4\nSmall Claims Court—third-party notice\nr 3747 ins SL2006-58 r 4\nSmall Claims Court—service of third-party notice\nr 3748 ins SL2006-58 r 4\nSmall Claims Court—response to third-party notice\nr 3749 ins SL2006-58 r 4\nSmall Claims Court—counterclaim and set-off by third party\nr 3750 ins SL2006-58 r 4\nSmall Claims Court—default by third party\nr 3751 ins SL2006-58 r 4\n\nSmall Claims Court—judgment between respondent and third party\nr 3752 ins SL2006-58 r 4\nSmall Claims Court—admission of liability\ndiv 3.12.4 hdg ins SL2006-58 r 4\nApplication of div 3.12.4—common boundary applications\nr 3753 ins SL2006-58 r 4\nSmall Claims Court—admission of liability\nr 3754 ins SL2006-58 r 4\nSmall Claims Court—payment into court\nr 3755 ins SL2006-58 r 4\nSmall Claims Court—payment into court by bond\nr 3756 ins SL2006-58 r 4\nSmall Claims Court—no response to claim\ndiv 3.12.5 hdg ins SL2006-58 r 4\nSmall Claims Court—default judgment\nr 3757 ins SL2006-58 r 4\nSmall Claims Court—striking out application\nr 3758 ins SL2006-58 r 4\nSmall Claims Court—disputed claim\ndiv 3.12.6 hdg ins SL2006-58 r 4\nSmall Claims Court—disputed claim\nr 3759 ins SL2006-58 r 4\nSmall Claims Court—conferences\ndiv 3.12.7 hdg ins SL2006-58 r 4\nApplication—div 3.12.7\nr 3760 ins SL2006-58 r 4\n\nSmall Claims Court conference—setting conference date\nr 3761 ins SL2006-58 r 4\nSmall Claims Court conference—changing time or place of\nr 3762 ins SL2006-58 r 4\nSmall Claims Court conference—representation\nr 3763 ins SL2006-58 r 4\nSmall Claims Court conference—who may attend\nr 3764 ins SL2006-58 r 4\nSmall Claims Court conference—failure to attend\nr 3765 ins SL2006-58 r 4\nSmall Claims Court conference—procedure\nr 3766 ins SL2006-58 r 4\nSmall Claims Court—inquiries\ndiv 3.12.8 hdg ins SL2006-58 r 4\nApplication—div 3.12.8\nr 3767 ins SL2006-58 r 4\nSmall Claims Court inquiry—constitution\nr 3768 ins SL2006-58 r 4\nSmall Claims Court inquiry—changing time or place of\nr 3769 ins SL2006-58 r 4\nSmall Claims Court inquiry—representation\nr 3770 ins SL2006-58 r 4\nSmall Claims Court inquiry—failure to attend\nr 3771 ins SL2006-58 r 4\nSmall Claims Court inquiry—procedure\nr 3772 ins SL2006-58 r 4\n\nSmall Claims Court inquiry—investigators\nr 3773 ins SL2006-58 r 4\nSmall Claims Court—transfer of proceedings between courts\ndiv 3.12.9 hdg ins SL2006-58 r 4\nApplication of div 3.12.9—common boundary applications\nr 3774 ins SL2006-58 r 4\nSmall Claims Court—transfer of proceedings from Magistrates Court\nr 3775 ins SL2006-58 r 4\nSmall Claims Court—transfer of proceeding to Magistrates Court\nr 3776 ins SL2006-58 r 4\nSmall Claims Court—general provisions\ndiv 3.12.10 hdg ins SL2006-58 r 4\nSmall Claims Court—applications in proceedings\nr 3777 ins SL2006-58 r 4\nSmall Claims Court—discontinuance of proceeding\nr 3778 ins SL2006-58 r 4\nSmall Claims Court—dismissal for abuse of process\nr 3779 ins SL2006-58 r 4\nSmall Claims Court—restoration of proceeding\nr 3780 ins SL2006-58 r 4\nSmall Claims Court—costs\nr 3781 ins SL2006-58 r 4\nSmall Claims Court—orders\ndiv 3.12.11 hdg ins SL2006-58 r 4\nSmall Claims Court order—consent judgment\nr 3782 ins SL2006-58 r 4\n\nSmall Claims Court order—counterclaim or set-off\nr 3783 ins SL2006-58 r 4\nSmall Claims Court order—to perform work etc\nr 3784 ins SL2006-58 r 4\nSmall Claims Court order—payment on condition work performed etc\nr 3785 ins SL2006-58 r 4\nSmall Claims Court order—detention of goods\nr 3786 ins SL2006-58 r 4\nSmall Claims Court order—nuisance application\nr 3787 ins SL2006-58 r 4\nSmall Claims Court order—trespass application\nr 3788 ins SL2006-58 r 4\nSmall Claims Court order—debt declaration\nr 3789 ins SL2006-58 r 4\nSmall Claims Court order—joint liability\nr 3790 ins SL2006-58 r 4\nSmall Claims Court order—notice\nr 3791 ins SL2006-58 r 4\nSmall Claims Court order—payment of amount\nr 3792 ins SL2006-58 r 4\nSmall Claims Court order—other orders\nr 3793 ins SL2006-58 r 4\nam SL2007-16 r 19\nFamily violence and personal violence proceedings\npt 3.12 hdg ins SL2017-10 r 9\nFamily violence and personal violence proceedings—general\ndiv 3.12.1 hdg ins SL2017-10 r 9\nTerms used in Family Violence Act and Personal Violence Act\nr 3800 ins SL2017-10 r 9\n\nApplication—pt 3.12\nr 3801 ins SL2017-10 r 9\nRules in ch 2 disapplied\nr 3802 ins SL2017-10 r 9\nOther disapplied rules\nr 3803 ins SL2017-10 r 9\nCorrection of name of respondent\nr 3804 ins SL2017-40 r 6\nWorkers compensation\npt 3.13 hdg ins SL2006-58 r 4\nWorkers compensation proceedings—general\ndiv 3.13.1 hdg ins SL2006-58 r 4\nDefinitions—pt 3.13\nr 3900 hdg bracketed note om R29 LA\nr 3900 ins SL2006-58 r 4\ndef arbitration ins SL2006-58 r 4\ndef case management meeting ins SL2006-58 r 4\nom SL2015-12 r 4\ndef claim ins SL2006-58 r 4\ndef conciliation ins SL2006-58 r 4\nom SL2015-12 r 4\ndef contractor ins SL2006-58 r 4\ndef injury notice ins SL2006-58 r 4\ndef prescribed scale of costs ins SL2006-58 r 4\ndef principal ins SL2006-58 r 4\ndef representative ins SL2006-58 r 4\ndef third-party respondent ins SL2006-58 r 4\ndef Workers Compensation Act ins SL2006-58 r 4\nTerms used in Workers Compensation Act\nr 3901 ins SL2006-58 r 4\nApplication—pt 3.13\nr 3902 hdg bracketed note om R29 LA\nr 3902 ins SL2006-58 r 4\nWorkers compensation proceedings—application of ch 2 generally\nr 3903 hdg bracketed note om R29 LA\nr 3903 ins SL2006-58 r 4\nam SL2007-16 r 20; SL2010-51 r 5; SL2014-34 r 15, r 16\nWorkers compensation—applications for arbitration\ndiv 3.13.2 hdg ins SL2006-58 r 4\n\nApplication for arbitration—Commercial Arbitration Act not apply\nr 3904 hdg bracketed note om R29 LA\nr 3904 ins SL2006-58 r 4\nam SL2017-17 r 16\nApplication for arbitration—by worker\nr 3905 hdg bracketed note om R29 LA\nr 3905 ins SL2006-58 r 4\nApplication for arbitration—by dependant or estate of deceased worker\nr 3906 hdg bracketed note om R29 LA\nr 3906 ins SL2006-58 r 4\nApplication for arbitration—by employer or insurer\nr 3907 hdg bracketed note om R29 LA\nr 3907 ins SL2006-58 r 4\nApplication for arbitration—when application may be filed\nr 3908 hdg bracketed note om R29 LA\nr 3908 ins SL2006-58 r 4\nom SL2015-12 r 5\nApplication for arbitration—injury notice and medical evidence\nr 3909 hdg bracketed note om R29 LA\nr 3909 ins SL2006-58 r 4\nApplication for arbitration—copies\nr 3910 hdg bracketed note om R29 LA\nr 3910 ins SL2006-58 r 4\nApplication for arbitration—service on respondent\nr 3911 hdg bracketed note om R29 LA\nr 3911 ins SL2006-58 r 4\nApplication for arbitration—service on insurer\nr 3912 hdg bracketed note om R29 LA\nr 3912 ins SL2006-58 r 4\nApplication for arbitration—answer by respondent or third-party respondent\nr 3913 hdg bracketed note om R29 LA\nr 3913 ins SL2006-58 r 4\nApplication for arbitration—liability and particulars subject to answer\nr 3914 hdg bracketed note om R29 LA\nr 3914 ins SL2006-58 r 4\nApplication for arbitration—service of answer\nr 3915 hdg bracketed note om R29 LA\nr 3915 ins SL2006-58 r 4\n\nApplication for arbitration—amendment\nr 3916 hdg bracketed note om R29 LA\nr 3916 ins SL2006-58 r 4\nApplication for arbitration—minor amendment or amendment by consent\nr 3917 hdg bracketed note om R29 LA\nr 3917 ins SL2006-58 r 4\nApplication for arbitration—discontinuance\nr 3918 hdg bracketed note om R29 LA\nr 3918 ins SL2006-58 r 4\nWorkers compensation—parties for arbitration\ndiv 3.13.3 hdg ins SL2006-58 r 4\nArbitration—necessary parties\nr 3919 hdg bracketed note om R29 LA\nr 3919 ins SL2006-58 r 4\nArbitration—determination of Territory or State of connection\nr 3919A ins SL2010-51 r 6\nArbitration—including other parties\nr 3920 hdg bracketed note om R29 LA\nr 3920 ins SL2006-58 r 4\nArbitration—person may apply to be included as party\nr 3921 hdg bracketed note om R29 LA\nr 3921 ins SL2006-58 r 4\nArbitration—party may apply to be removed as party\nr 3922 hdg bracketed note om R29 LA\nr 3922 ins SL2006-58 r 4\nArbitration—employer not respondent in certain applications by dependant\nor personal representative\nr 3923 hdg bracketed note om R29 LA\nr 3923 ins SL2006-58 r 4\nWorkers compensation—representation in arbitrations\ndiv 3.13.4 hdg ins SL2006-58 r 4\nArbitration—party may be represented\nr 3924 hdg bracketed note om R29 LA\nr 3924 ins SL2006-58 r 4\nArbitration—separate representation of employer for insurer’s period on risk\nr 3925 ins SL2006-58 r 4; SL2010-51 r 7, r 8\nWorkers compensation—listing procedure for arbitrations\ndiv 3.13.5 hdg ins SL2006-58 r 4\n\nArbitration listing procedure—certificate of readiness\nr 3926 hdg bracketed note om R29 LA\nr 3926 ins SL2006-58 r 4\nArbitration listing procedure—certificate of readiness not signed\nr 3927 hdg bracketed note om R29 LA\nr 3927 ins SL2006-58 r 4\nWorkers compensation—medical reports for arbitrations\ndiv 3.13.6 hdg ins SL2006-58 r 4\nArbitration—service of medical reports\nr 3928 hdg bracketed note om R29 LA\nr 3928 ins SL2006-58 r 4\nArbitration—supplementary medical reports\nr 3929 hdg bracketed note om R29 LA\nr 3929 ins SL2006-58 r 4\nArbitration—doctor’s evidence to be covered by medical report\nr 3930 hdg bracketed note om R29 LA\nr 3930 ins SL2006-58 r 4\nArbitration—medical reports admissible as evidence of opinion etc\nr 3931 hdg bracketed note om R29 LA\nr 3931 ins SL2006-58 r 4\nArbitration—requiring attendance of doctor for cross-examination etc\nr 3932 hdg bracketed note om R29 LA\nr 3932 ins SL2006-58 r 4\nArbitration—tender of medical report\nr 3933 ins SL2006-58 r 4\nWorkers compensation—medical referees for arbitrations\ndiv 3.13.7 hdg ins SL2006-58 r 4\nArbitration—party may apply for medical referee etc\nr 3934 hdg bracketed note om R29 LA\nr 3934 ins SL2006-58 r 4\nArbitration—number of medical referees\nr 3935 hdg bracketed note om R29 LA\nr 3935 ins SL2006-58 r 4\nArbitration—notice of request to medical referee\nr 3936 hdg bracketed note om R29 LA\nr 3936 ins SL2006-58 r 4\n\nArbitration—assessment of worker by medical referee\nr 3937 hdg bracketed note om R29 LA\nr 3937 ins SL2006-58 r 4\nArbitration—medical referee to review medical evidence etc\nr 3938 hdg bracketed note om R29 LA\nr 3938 ins SL2006-58 r 4\nArbitration—medical referee’s report\nr 3939 hdg bracketed note om R29 LA\nr 3939 ins SL2006-58 r 4\nArbitration—medical referee’s report to be given to parties\nr 3940 hdg bracketed note om R29 LA\nr 3940 ins SL2006-58 r 4\nArbitration—court may decide claim without medical referee report\nr 3941 hdg bracketed note om R29 LA\nr 3941 ins SL2006-58 r 4\nWorkers compensation—dispute resolution conference for arbitration\ndiv 3.13.8 hdg ins SL2006-58 r 4\nMeaning of dispute resolution conference—div 3.13.8\nr 3942 hdg bracketed note om R29 LA\nr 3942 ins SL2006-58 r 4\nDispute resolution conference—purpose\nr 3943 hdg bracketed note om R29 LA\nr 3943 ins SL2006-58 r 4\nConciliator for dispute resolution conference—div 3.13.8\nr 3944 hdg bracketed note om R29 LA\nr 3944 ins SL2006-58 r 4\nDispute resolution conference—listings etc\nr 3945 hdg bracketed note om R29 LA\nr 3945 ins SL2006-58 r 4\nDispute resolution conference—requirement to attend\nr 3946 hdg bracketed note om R29 LA\nr 3946 ins SL2006-58 r 4\n\nDispute resolution conference—time\nr 3947 hdg bracketed note om R29 LA\nr 3947 ins SL2006-58 r 4\nDispute resolution conference—information to be provided before\nconference\nr 3948 hdg bracketed note om R29 LA\nr 3948 ins SL2006-58 r 4\nDispute resolution conference—confidentiality\nr 3948A ins SL2015-12 r 7\nDispute resolution conference—settlement must be in writing\nr 3948B ins SL2015-12 r 7\nDispute resolution conference—court orders on outcome of conference\nr 3948C ins SL2015-12 r 7\nWorkers compensation—conduct of arbitration\ndiv 3.13.9 hdg ins SL2006-58 r 4\nConduct of arbitration—date\nr 3949 hdg bracketed note om R29 LA\nr 3949 ins SL2006-58 r 4\nConduct of arbitration—burden of proof on party asserting fact\nr 3950 hdg bracketed note om R29 LA\nr 3950 ins SL2006-58 r 4\nConduct of arbitration—directions about third-party respondents\nr 3951 hdg bracketed note om R29 LA\nr 3951 ins SL2006-58 r 4\nConduct of arbitration—directions and orders if remedy against employer\nand stranger\nr 3952 hdg bracketed note om R29 LA\nr 3952 ins SL2006-58 r 4\nConduct of arbitration—directions generally\nr 3953 ins SL2006-58 r 4\nWorkers compensation—submission to award and payments into court\ndiv 3.13.10 hdg ins SL2006-58 r 4\nArbitration—payment into court generally\nr 3954 hdg bracketed note om R29 LA\nr 3954 ins SL2006-58 r 4\nArbitration—admission of liability to claim by worker\nr 3955 hdg bracketed note om R29 LA\nr 3955 ins SL2006-58 r 4\n\nArbitration—admission of liability to claim for deceased worker\nr 3956 hdg bracketed note om R29 LA\nr 3956 ins SL2006-58 r 4\nArbitration—denial and submission to award or payment by employer\nr 3957 hdg bracketed note om R29 LA\nr 3957 ins SL2006-58 r 4\nArbitration—acceptance of payment by worker\nr 3958 hdg bracketed note om R29 LA\nr 3958 ins SL2006-58 r 4\nArbitration—acceptance of payment for deceased worker\nr 3959 hdg bracketed note om R29 LA\nr 3959 ins SL2006-58 r 4\nArbitration—payment on worker’s acceptance\nr 3960 hdg bracketed note om R29 LA\nr 3960 ins SL2006-58 r 4\nArbitration—payment on dependant’s etc acceptance\nr 3961 hdg bracketed note om R29 LA\nr 3961 ins SL2006-58 r 4\nArbitration—no prompt acceptance of submission or payment\nr 3962 hdg bracketed note om R29 LA\nr 3962 ins SL2006-58 r 4\nArbitration—award not greater than submission or payment\nr 3963 hdg bracketed note om R29 LA\nr 3963 ins SL2006-58 r 4\nWorkers compensation—awards\ndiv 3.13.11 hdg ins SL2006-58 r 4\nArbitration—award\nr 3964 hdg bracketed note om R29 LA\nr 3964 ins SL2006-58 r 4\nArbitration—setting aside or amending award\nr 3965 hdg bracketed note om R29 LA\nr 3965 ins SL2006-58 r 4\nWorkers compensation—registered agreements\ndiv 3.13.12 hdg ins SL2006-58 r 4\nRegistered agreement—application for registration\nr 3966 hdg bracketed note om R29 LA\nr 3966 ins SL2006-58 r 4\nam SL2007-16 r 21\n\nRegistered agreement—application for amendment or cancellation\nr 3967 hdg bracketed note om R29 LA\nr 3967 ins SL2006-58 r 4\nWorkers compensation—costs\ndiv 3.13.13 hdg ins SL2006-58 r 4\nWorkers compensation costs—generally\nr 3968 hdg bracketed note om R29 LA\nr 3968 ins SL2006-58 r 4\nWorkers compensation costs—claim against arbitration award\nr 3969 hdg bracketed note om R29 LA\nr 3969 ins SL2006-58 r 4\nWorkers compensation—appeals\ndiv 3.13.14 hdg ins SL2006-58 r 4\nAppeal—order of Supreme Court\nr 3970 hdg bracketed note om R29 LA\nr 3970 ins SL2006-58 r 4\nCriminal proceedings—representation\ndiv 4.1.1A hdg ins SL2024-9 r 16\nDefinitions—div 4.1.1A\nr 4000A ins SL2024-9 r 16\ndef accused person ins SL2024-9 r 16\ndef criminal proceeding ins SL2024-9 r 16\ndef defendant ins SL2024-9 r 16\nCriminal proceedings—notice of solicitor acting\nr 4000B ins SL2024-9 r 16\nam SL2025-10 r 5\nCriminal proceedings—solicitor’s instructions to act for accused person\nended\nr 4000C ins SL2024-9 r 16\nam SL2025-10 r 6\nCriminal proceedings—withdrawal of solicitor\nr 4000D ins SL2024-9 r 16\nam SL2025-10 rr 7-10\nCriminal proceedings—removal of solicitor by court\nr 4000E ins SL2024-9 r 16\nCriminal proceedings—solicitor removed from roll etc\nr 4000F ins SL2024-9 r 16\nCriminal proceedings—handing over depositions\nr 4000G ins SL2024-9 r 16\n\nMeaning of accused person for div 4.1.2—bail applications\nr 4005 hdg bracketed note om R29 LA\nCriminal proceedings—application of pt 6.8\nr 4006 hdg bracketed note om R29 LA\nr 4006 am SL2012-43 r 31; SL2011-33 r 6; pars renum R35 LA;\nSL2017-17 r 17\nCriminal proceedings—service on accused person by filing if no address for\nr 4007 hdg bracketed note om R29 LA\nCriminal proceedings—service if no-one found at accused person’s address\nfor service\nr 4008 hdg bracketed note om R29 LA\nCriminal proceedings—service of documents when unrepresented accused\nperson in custody\nr 4009 hdg bracketed note om R29 LA\nr 4009 am SL2018-25 r 6\nCriminal proceedings—failure of individual to comply with subpoena etc\nr 4020 hdg bracketed note om R29 LA\nr 4020 am SL2012-43 r 32\nCriminal proceedings—failure of corporation to comply with subpoena etc\nr 4021 hdg bracketed note om R29 LA\nCriminal proceedings—production of person in custody\nr 4050 hdg bracketed note om R29 LA\nCriminal proceedings—defence response to prosecutor’s opening address\nr 4051 hdg bracketed note om R29 LA\nCriminal proceedings—execution of documents\nr 4052 hdg bracketed note om R29 LA\nCriminal proceedings—inspection of registry files\nr 4053 hdg bracketed note om R29 LA\nam SL2017-40 r 7\nCriminal proceedings—certificate of conviction\nr 4054 hdg bracketed note om R29 LA\nCriminal proceedings—preparation of judgments\nr 4055 hdg bracketed note om R29 LA\nMagistrates Court criminal proceedings—first appearance\ndiv 4.2.1AA hdg ins SL2019-30 r 4\nWhen not necessary for court to read charges to defendant\nr 4302 ins SL2019-30 r 4\n\nRepresented defendant may enter plea or consent to summary disposal of\nr 4303 ins SL2019-30 r 4\nMagistrates Court criminal proceedings—prosecution evidence in committal\ndiv 4.2.1A hdg ins SL2008-50 r 6\nProsecution evidence to be given to accused etc—Magistrates Court Act,\ns 90\nr 4305 ins SL2008-50 r 6\nMagistrates Court order made in absence of party may be set aside—general\nr 4310 hdg bracketed note om R29 LA\nMagistrates Court order made in absence of defendant may be set aside—\nsummons for prescribed offence\nr 4311 hdg bracketed note om R29 LA\nMagistrates Court order made in absence of party may be set aside—other\noffences\nr 4312 hdg bracketed note om R29 LA\nMagistrates Court conviction made in absence of party set aside—warrant\nmay be set aside\nr 4313 hdg bracketed note om R29 LA\nMagistrates Court conviction made in absence of party set aside—hearing\nr 4314 hdg bracketed note om R29 LA\nMagistrates Court order made in absence of party may be set aside—\napplication by informant\nr 4315 hdg bracketed note om R29 LA\nMagistrates Court witness—informant may request attendance\nr 4330 hdg bracketed note om R29 LA\nr 4330 sub SL2006-43 amdt 1.26\nMagistrates Court witness—expenses\nr 4331 hdg bracketed note om R29 LA\nr 4331 ins SL2006-43 amdt 1.26\nMagistrates Court criminal proceedings—enforcement of fines\ndiv 4.2.4 hdg ins SL2006-58 amdt 1.27\nDefinitions—div 4.2.4\nr 4340 ins SL2006-58 amdt 1.27\ndef enforcement hearing subpoena ins SL2006-58\namdt 1.27\n\ndef enforcement hearing warrant ins SL2006-58 amdt 1.27\ndef fine ins SL2006-58 amdt 1.27\ndef fine defaulter ins SL2006-58 amdt 1.27\ndef outstanding fine ins SL2006-58 amdt 1.27\nEnforcement of fine—enforcement hearing\nr 4341 ins SL2006-58 amdt 1.27\nEnforcement of fine—service of enforcement hearing subpoena\nr 4342 ins SL2006-58 amdt 1.27\nEnforcement of fine—statement of person’s financial position\nr 4343 ins SL2006-58 amdt 1.27\nEnforcement of fine—determining capacity to pay fine\nr 4344 ins SL2006-58 amdt 1.27\nEnforcement of fine—enforcement hearing warrant issue\nr 4345 ins SL2006-58 amdt 1.27\nEnforcement of fine—orders\nr 4346 ins SL2006-58 amdt 1.27\nApplication of pt 2.18\nr 4347 ins SL2006-58 amdt 1.27\nEnforcement of fine—security for payment\nr 4348 ins SL2006-58 amdt 1.27\nDefinitions—pt 4.3\nr 4700 hdg bracketed note om R29 LA\nr 4700 def sentence am A2010-2 amdt 1.2\nSupreme Court criminal proceedings—representation\ndiv 4.3.2 hdg om SL2024-9 r 17\nMeaning of criminal proceeding—div 4.3.2\nr 4705 hdg bracketed note om R29 LA\nr 4705 om SL2024-9 r 17\n\nSupreme Court criminal proceedings—notice of solicitor acting\nr 4706 hdg bracketed note om R29 LA\nr 4706 om SL2024-9 r 17\nSupreme Court criminal proceedings—change of solicitor\nr 4707 hdg bracketed note om R29 LA\nr 4707 om SL2024-9 r 17\nSupreme Court criminal proceedings—removal of solicitor by court\nr 4708 hdg bracketed note om R29 LA\nr 4708 om SL2024-9 r 17\nSupreme Court criminal proceedings—solicitor removed from roll etc\nr 4709 hdg bracketed note om R29 LA\nr 4709 om SL2024-9 r 17\nSupreme Court criminal proceedings—solicitor’s instructions to act for\naccused person ended\nr 4710 hdg bracketed note om R29 LA\nr 4710 om SL2024-9 r 17\nSupreme Court criminal proceedings—withdrawal of solicitor\nr 4711 hdg bracketed note om R29 LA\nr 4711 om SL2024-9 r 17\nSupreme Court criminal proceedings—handing over depositions\nr 4712 hdg bracketed note om R29 LA\nr 4712 om SL2024-9 r 17\nMeaning of accused person—div 4.3.3\nr 4720 hdg bracketed note om R29 LA\nSupreme Court bail application in relation to accused person\nr 4721 hdg bracketed note om R29 LA\nr 4721 am SL2011-17 rr 32-34\nSupreme Court bail application by informant\nr 4722 hdg bracketed note om R29 LA\nSupreme Court application for bail by unrepresented accused person\nr 4723 ins SL2011-17 r 35\nProsecution application for review of bail decision\nr 4724 ins SL2017-9 r 4\nApplication—div 4.3.4\nr 4730 hdg bracketed note om R29 LA\nSupreme Court criminal proceedings—appearance of accused person\nr 4731 hdg bracketed note om R29 LA\nr 4731 sub SL2012-43 r 33\n\nSupreme Court criminal proceedings—appearance when committed for\nsentence\nr 4732 hdg bracketed note om R29 LA\nr 4732 am SL2012-43 r 34; pars renum R33 LA\nSupreme Court criminal proceedings—appearance when committed for trial\nr 4733 hdg bracketed note om R29 LA\nr 4733 am SL2006-58 amdt 1.28; SL2011-6 s 4; A2011-20 amdt 1.1;\nSL2012-24 r 15; pars renum R32 LA; SL2012-43 r 35; pars\nrenum R33 LA\nSupreme Court criminal proceedings—pre-trial questionnaire\nr 4734 hdg bracketed note om R29 LA\nSupreme Court criminal proceedings—completion of pre-trial questionnaire\nr 4735 sub SL2011-6 s 5\nSupreme Court criminal proceedings—registrar’s directions hearing\nr 4735A ins SL2011-6 s 5\nam SL2012-43 r 36\nSupreme Court criminal proceedings—arraignment\nr 4736 hdg bracketed note om R29 LA\nr 4736 am SL2024-9 r 18\nSupreme Court criminal proceedings—pre-trial directions hearing\nr 4737 hdg bracketed note om R29 LA\nr 4737 om SL2024-9 r 19\nSupreme Court criminal proceedings—directions\nr 4738 ins SL2012-43 r 37\nSupreme Court criminal proceedings—proceeding already being managed\nby court\nr 4739 ins SL2012-43 r 37\nom SL2024-9 r 19\nSupreme Court criminal proceedings—application to set aside or stay\nr 4750 hdg bracketed note om R29 LA\nSupreme Court criminal proceedings—application for separate trials\nr 4751 hdg bracketed note om R29 LA\nSupreme Court criminal proceedings—other pre-trial applications\nr 4752 hdg bracketed note om R29 LA\nr 4752 am SL2024-37 r 4\nSupreme Court criminal proceedings—applications under r 4750, r 4751 and\nr 4752\nr 4753 hdg bracketed note om R29 LA\n\nSupreme Court criminal proceedings—other provisions\ndiv 4.3.6 hdg om SL2012-43 r 38\nSupreme Court criminal proceedings—arraignment dates\nr 4780 hdg bracketed note om R29 LA\nr 4780 om SL2012-43 r 38\nForensic proceedings\npt 4.4 hdg ins SL2012-43 r 39\nForensic proceedings—preliminary\ndiv 4.4.1 hdg ins SL2012-43 r 39\nDefinitions—pt 4.4\nr 4800 ins SL2012-43 r 39\ndef forensic proceeding ins SL2012-43 r 39\ndef prescribed offender ins SL2013-18 r 8\ndef serious offender ins SL2013-18 r 8\ndef the Act ins SL2012-43 r 39\ndef the Crimes Act ins SL2013-18 r 8\nForensic proceedings—application of applied civil rules\nr 4801 ins SL2012-43 r 39\nForensic proceedings—application of applied criminal rules\nr 4802 ins SL2012-43 r 39\nam SL2013-18 r 9; SL2024-9 r 20\nForensic proceedings under the Act, pt 2.5 and the Crimes Act, pt 1D, div 5\ndiv 4.4.2 hdg ins SL2012-43 r 39\nsub SL2013-18 r 10\nApplication—div 4.4.2\nr 4803 ins SL2012-43 r 39\nsub SL2013-18 r 11\nForensic proceedings—filing of application\nr 4804 ins SL2012-43 r 39\nam SL2013-18 r 12\nForensic proceedings—personal service\nr 4805 ins SL2012-43 r 39\nForensic proceedings under the Act, pt 2.7 and the Crimes Act, pt 1D, div 6A\ndiv 4.4.3 hdg ins SL2012-43 r 39\nsub SL2013-18 r 12\n\nApplication—div 4.4.3\nr 4806 ins SL2012-43 r 39\nsub SL2013-18 r 13\nForensic proceedings—application and service\nr 4807 ins SL2012-43 r 39\nam SL2013-18 r 15, r 16\nForensic proceedings—general\ndiv 4.4.4 hdg ins SL2012-43 r 39\nForensic proceedings—application not served in time\nr 4808 ins SL2012-43 r 39\nam SL2013-18 r 17, r 18\nForensic proceedings—filing and service of supporting affidavit\nr 4809 ins SL2012-43 r 39\nForensic proceedings—costs\nr 4810 ins SL2012-43 r 39\nam SL2013-18 r 19\nDefinitions—ch 5\nr 5000 def sentence am A2010-2 amdt 1.3\nAppellate proceedings—application of ch 2 generally\nr 5001 hdg bracketed note om R29 LA\nr 5001 am SL2011-34 r 16; SL2014-34 r 17\nCriminal appellate proceedings—representation\npt 5.1A hdg ins SL2025-10 r 11\nDefinitions—pt 5.1A\nr 5002 ins SL2025-10 r 11\ndef criminal appellate proceeding ins SL2025-10 r 11\ndef relevant party ins SL2025-10 r 11\nCriminal appellate proceedings—notice of solicitor acting\nr 5003 ins SL2025-10 r 11\nCriminal appellate proceedings—solicitor’s instructions to act for relevant\nparty ended\nr 5004 ins SL2025-10 r 11\nCriminal appellate proceedings—solicitor wants to withdraw from acting for\nrelevant party\nr 5005 ins SL2025-10 r 11\nCriminal appellate proceedings—removal of solicitor by court\nr 5006 ins SL2025-10 r 11\nCriminal appellate proceedings—solicitor removed from roll etc\nr 5007 ins SL2025-10 r 11\n\nAppeals from registrar\npt 5.2 hdg sub SL2015-22 r 28\npt 5.2 hdg note am SL2006-58 amdt 1.29\nDefinitions—pt 5.2\nr 5010 hdg bracketed note om R29 LA\nr 5010 sub SL2015-22 r 28\ndef appeal sub SL2015-22 r 28\ndef decision am SL2006-58 amdt 1.30\nApplication—pt 5.2\nr 5011 hdg bracketed note om R29 LA\nr 5011 am SL2006-58 amdt 1.31\nAppeals from registrar—starting appeal\nr 5012 hdg bracketed note om R29 LA\nr 5012 sub SL2015-22 r 28\nAppeals from registrar—requirements for notice of appeal\nr 5013 hdg bracketed note om R29 LA\nr 5013 am SL2009-56 r 23, r 24; pars renum R21 LA\nAppeals from registrar—time for filing notice of appeal\nr 5014 hdg bracketed note om R29 LA\nr 5014 sub SL2015-22 r 28\nAppeals from registrar—notice of appeal to be sealed\nr 5015 sub SL2015-22 r 28\nam SL2023-36 r 33\nAppeals from registrar—serving notice of appeal\nr 5016 hdg bracketed note om R29 LA\nr 5016 sub SL2015-22 r 28\nAppeals from registrar—stay and reinstatement\nr 5017 hdg bracketed note om R29 LA\nDefinitions—pt 5.3\nr 5050 hdg bracketed note om R29 LA\nr 5050 def court or tribunal am SL2015-22 r 29\nApplication—pt 5.3\nr 5051 hdg bracketed note om R29 LA\nr 5051 table sub SL2009-32 r 7\ntable am SL2010-51 r 9; SL2011-17 r 36; SL2011-34 r 17,\nr 18; items renum R29 LA; SL2014-9 r 7; SL2015-22 r 61;\nSL2017-10 r 10; SL2024-9 r 21\n\nAppeals to Supreme Court—general powers\nr 5052 hdg bracketed note om R29 LA\nAppeals to Supreme Court—non-publication order\nr 5053 hdg bracketed note om R29 LA\nAppeals to Supreme Court—stay and reinstatement\nr 5054 hdg bracketed note om R29 LA\nAppeals to Supreme Court—security for costs\nr 5055 hdg bracketed note om R29 LA\nApplication—div 5.3.2\nr 5070 hdg bracketed note om R29 LA\nr 5070 am SL2009-32 r 8; SL2009-56 r 25\nAppeals to Supreme Court—application for leave to appeal\nr 5071 hdg bracketed note om R29 LA\nAppeals to Supreme Court—time for filing application for leave to appeal\nr 5072 hdg bracketed note om R29 LA\nAppeals to Supreme Court—application for leave to appeal to be sealed\nr 5073 am SL2023-36 r 34\nAppeals to Supreme Court—serving application for leave to appeal\nr 5074 hdg bracketed note om R29 LA\nAppeals to Supreme Court—notice of intention to respond to application for\nr 5075 hdg bracketed note om R29 LA\nAppeals to Supreme Court—time for filing etc respondent’s affidavits for\nr 5076 hdg bracketed note om R29 LA\nMeaning of out of time—div 5.3.3\nr 5080 hdg bracketed note om R29 LA\nApplication—div 5.3.3\nr 5081 hdg bracketed note om R29 LA\nAppeals to Supreme Court—application for leave to appeal out of time\nr 5082 hdg bracketed note om R29 LA\nAppeals to Supreme Court—filing application for leave to appeal out of time\nr 5083 hdg bracketed note om R29 LA\nAppeals to Supreme Court—application for leave to appeal out of time to be\nr 5084 am SL2023-36 r 35\n\nAppeals to Supreme Court—serving application for leave to appeal out of\ntime\nr 5085 hdg bracketed note om R29 LA\nAppeals to Supreme Court—notice of intention to respond to application for\nr 5086 hdg bracketed note om R29 LA\nAppeals to Supreme Court—time for filing etc respondent’s affidavits for\nr 5087 hdg bracketed note om R29 LA\nReferral of appeal to Supreme Court by ACAT appeal president—leave\ndiv 5.3.3A hdg ins SL2009-56 r 26\nApplication—div 5.3.3A\nr 5090 ins SL2009-56 r 26\nReferral of appeal—procedure for leave\nr 5091 ins SL2009-56 r 26\nReferral of appeal—notice of intention to respond to application for leave to\nr 5092 ins SL2009-56 r 26\nReferral of appeal—leave granted\nr 5093 ins SL2009-56 r 26\nReferral of appeal—costs\nr 5094 ins SL2009-56 r 26\nAppeals to Supreme Court—starting appeal\nr 5100 hdg bracketed note om R29 LA\nAppeals to Supreme Court—requirements for notice of appeal etc\nr 5101 hdg bracketed note om R29 LA\nr 5101 am SL2007-16 r 22; SL2023-36 r 36\nAppeals to Supreme Court—parties to appeal\nr 5102 hdg bracketed note om R29 LA\nr 5102 am SL2011-17 r 37\nAppeals to Supreme Court—time for filing notice of appeal\nr 5103 hdg bracketed note om R29 LA\nAppeals to Supreme Court—notice of appeal to be sealed\nr 5104 am SL2023-36 r 37\n\nAppeals to Supreme Court—numbering etc of appeals\nr 5105 hdg bracketed note om R29 LA\nr 5105 am SL2023-36 r 38\nAppeals to Supreme Court—date for settlement of appeal papers\nr 5106 hdg bracketed note om R29 LA\nAppeals to Supreme Court—serving notice of appeal\nr 5107 hdg bracketed note om R29 LA\nAppeals to Supreme Court—notice of intention to respond\nr 5108 hdg bracketed note om R29 LA\nr 5108 am SL2009-56 r 27\nAppeals to Supreme Court—respondent taken to be served by filing notice of\nintention to respond\nr 5109 hdg bracketed note om R29 LA\nAppeals to Supreme Court—documents\nr 5110 hdg bracketed note om R29 LA\nr 5110 am SL2009-32 r 9\nAppeals to Supreme Court—amending notice of appeal\nr 5111 hdg bracketed note om R29 LA\nAppeals to Supreme Court—cross-appeal\nr 5112 hdg bracketed note om R29 LA\nAppeals to Supreme Court—application of certain rules to cross-appeals\nr 5113 hdg bracketed note om R29 LA\nAppeals to Supreme Court—effect of failure to give notice of cross-appeal\nr 5114 hdg bracketed note om R29 LA\nAppeals to Supreme Court—notice of contention\nr 5115 hdg bracketed note om R29 LA\nr 5115 am SL2021-15 r 8; rr renum R61 LA\nAppeals to Supreme Court—draft index of appeal papers\nr 5130 hdg bracketed note om R29 LA\nAppeals to Supreme Court—settlement of appeal papers\nr 5131 hdg bracketed note om R29 LA\nAppeals to Supreme Court—content of appeal papers\nr 5132 hdg bracketed note om R29 LA\nAppeals to Supreme Court—presentation of appeal papers\nr 5133 hdg bracketed note om R29 LA\nr 5133 am SL2023-36 r 39\nAppeals to Supreme Court—filing and serving appeal papers\nr 5134 hdg bracketed note om R29 LA\n\nAppeals to Supreme Court—setting appeal for hearing\nr 5135 hdg bracketed note om R29 LA\nAppeals to Supreme Court—changing appeal hearing date\nr 5136 hdg bracketed note om R29 LA\nAppeals to Supreme Court—written summary and list for appeal hearing\nr 5137 hdg bracketed note om R29 LA\nr 5137 am SL2020-45 rr 9-11\nAppeals to Supreme Court—summaries of arguments\nr 5138 hdg bracketed note om R29 LA\nAppeals to Supreme Court—list of authorities, legislation and texts\nr 5139 hdg bracketed note om R29 LA\nAppeals to Supreme Court—absence of party\nr 5140 hdg bracketed note om R29 LA\nr 5140 am SL2013-18 r 20\nAppeals to Supreme Court—insufficient material\nr 5141 hdg bracketed note om R29 LA\nAppeals to Supreme Court—abandonment of ground of appeal\nr 5170 hdg bracketed note om R29 LA\nAppeals to Supreme Court—discontinuance of appeal\nr 5171 hdg bracketed note om R29 LA\nr 5171 am SL2011-34 r 19; rr renum R29 LA\nAppeals to Supreme Court—competency of appeal\nr 5172 hdg bracketed note om R29 LA\nAppeals to Supreme Court—costs for failure to apply for appeal to be struck\nout as incompetent\nr 5173 hdg bracketed note om R29 LA\nAppeals to Supreme Court—dismissal by consent\nr 5174 hdg bracketed note om R29 LA\nAppeals to Supreme Court—consent orders\nr 5175 hdg bracketed note om R29 LA\nAppeals to Supreme Court—directions about appeal etc\nr 5190 hdg bracketed note om R29 LA\nAppeals to Supreme Court—want of prosecution of appeal\nr 5191 hdg bracketed note om R29 LA\nAppeals to Supreme Court—matter happening in court or tribunal appealed\nfrom\nr 5192 hdg bracketed note om R29 LA\n\nFurther evidence on appeal to Supreme Court—Magistrates Court Act 1930,\ns 214\nr 5193 hdg bracketed note om R29 LA\nAppeals to Supreme Court—keeping exhibits\nr 5194 hdg bracketed note om R29 LA\nDefinitions—pt 5.4\nr 5300A ins SL2016-33 r 7\ndef practice direction ins SL2016-33 r 7\ndef supporting material ins SL2016-33 r 7\nMeaning of court—pt 5.4\nr 5300 hdg bracketed note om R29 LA\nr 5300 am SL2006-58 amdt 1.32; SL2015-22 r 30; SL2024-9 r 22;\nrr renum R67 LA\nAppeals to Court of Appeal—stay and reinstatement\nr 5301 hdg bracketed note om R29 LA\nr 5301 am A2010-51 r 11\nAppeals to Court of Appeal—security for costs\nr 5302 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—leave to appeal from interlocutory orders\ndiv 5.4.2 hdg sub SL2006-58 amdt 1.33\nApplication—div 5.4.2\nr 5310 hdg bracketed note om R29 LA\nr 5310 am SL2006-58 amdt 1.34, amdt 1.35; SL2015-22 r 31;\nSL2024-9 r 23\nAppeals to Court of Appeal—application for leave to appeal\nr 5311 hdg bracketed note om R29 LA\nam SL2016-33 r 8, r 9; rr renum R48 LA\nAppeals to Court of Appeal—time for filing application for leave to appeal\nr 5312 hdg bracketed note om R29 LA\nr 5312 am SL2006-58 amdt 1.36; SL2016-33 r 10\nAppeals to Court of Appeal—application for leave to appeal to be sealed\nr 5313 am SL2023-36 r 40\nAppeals to Court of Appeal—serving application for leave to appeal\nr 5314 hdg bracketed note om R29 LA\nr 5314 am SL2006-58 amdt 1.37; SL2016-33 r 11\nAppeals to Court of Appeal—response to application for leave to appeal\nr 5315 hdg bracketed note om R29 LA\nsub SL2016-33 r 12\nr 5315 am SL2016-33 r 13\n\nAppeals to Court of Appeal—time for filing etc respondent’s affidavits for\nr 5316 hdg bracketed note om R29 LA\nr 5316 om SL2016-33 r 14\nDefinitions—div 5.4.3\nr 5330 hdg bracketed note om R29 LA\nApplication—div 5.4.3\nr 5331 hdg bracketed note om R29 LA\nr 5332 hdg bracketed note om R29 LA\nr 5332 am SL2016-33 r 15, r 16; rr renum R48 LA\nAppeals to Court of Appeal—filing application for leave to appeal out of time\nr 5333 hdg bracketed note om R29 LA\nr 5333 am SL2016-33 r 17\nAppeals to Court of Appeal—application for leave to appeal to be sealed\nr 5334 am SL2023-36 r 41\nAppeals to Court of Appeal—serving application for leave to appeal out of\ntime\nr 5335 hdg bracketed note om R29 LA\nr 5335 am SL2016-33 r 18\nAppeals to Court of Appeal—response to application for leave to appeal out\nof time\nr 5336 hdg bracketed note om R29 LA\nsub SL2016-33 r 19\nr 5336 am SL2016-33 r 20\nAppeals to Court of Appeal—time for filing etc respondent’s affidavits for\nr 5337 hdg bracketed note om R29 LA\nr 5337 om SL2016-33 r 21\nDefinitions—divs 5.4.4 to 5.4.6\nr 5400 hdg bracketed note om R29 LA\nMeaning of case summary—div 5.4.4\nr 5400A ins SL2016-33 r 22\nApplication—divs 5.4.4 to 5.4.6\nr 5401 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—starting appeal\nr 5402 hdg bracketed note om R29 LA\n\nAppeals to Court of Appeal—requirements for notice of appeal etc\nr 5403 hdg bracketed note om R29 LA\nr 5403 am SL2006-58 amdt 1.38; SL2016-33 r 23; rr renum R48 LA;\nSL2023-36 r 42\nAppeals to Court of Appeal—parties to appeal\nr 5404 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—time for filing notice of appeal and case\nsummary\nr 5405 hdg bracketed note om R29 LA\nam SL2016-33 r 24\nr 5405 am SL2016-33 r 24\nAppeals to Court of Appeal—notice of appeal to be sealed\nr 5406 am SL2023-36 r 43\nAppeals to Court of Appeal——numbering etc of appeals\nr 5407 hdg bracketed note om R29 LA\nr 5407 am SL2023-36 r 44\nAppeals to Court of Appeal—date for settlement of appeal papers\nr 5408 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—serving notice of appeal and case summary\nr 5409 hdg bracketed note om R29 LA\nsub SL2016-33 r 25\nr 5409 rr renum R47 LA\nam SL2016-33 r 26, r 27\nAppeals to Court of Appeal—notice of intention to respond\nr 5410 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—respondent taken to be served by filing notice\nof intention to respond\nr 5411 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—amending notice of appeal\nr 5412 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—cross-appeal\nr 5413 hdg bracketed note om R29 LA\nr 5413 am SL2016-33 r 28; rr renum R48 LA\nAppeals to Court of Appeal—application of certain rules to cross-appeals\nr 5414 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—effect of failure to give notice of cross-appeal\nr 5415 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—notice of contention\nr 5416 hdg bracketed note om R29 LA\n\nAppeals to Court of Appeal—appeal papers and hearing\ndiv 5.4.5 hdg note sub SL2016-33 r 29\nAppeals to Court of Appeal—filing of things before settlement of appeal\nr 5430 hdg bracketed note om R29 LA\nr 5430 am SL2006-58 amdt 1.39\nom SL2016-33 r 30\nAppeals to Court of Appeal—draft index of appeal papers\nr 5431 hdg bracketed note om R29 LA\nr 5431 om SL2016-33 r 30\nAppeals to Court of Appeal—settlement of appeal papers\nr 5432 hdg bracketed note om R29 LA\nr 5432 am SL2016-33 r 31\nAppeals to Court of Appeal—content of appeal papers\nr 5433 hdg bracketed note om R29 LA\nr 5433 om SL2016-33 r 32\nAppeals to Court of Appeal—presentation of appeal papers\nr 5434 hdg bracketed note om R29 LA\nr 5434 om SL2016-33 r 32\nAppeals to Court of Appeal—filing and serving appeal papers\nr 5435 hdg bracketed note om R29 LA\nr 5435 om SL2016-33 r 32\nAppeals to Court of Appeal—setting appeal for hearing\nr 5436 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—changing appeal hearing date\nr 5437 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—written summary and list for appeal hearing\nr 5438 hdg bracketed note om R29 LA\nr 5438 am SL2013-18 rr 21-23\nom SL2016-33 r 32\nAppeals to Court of Appeal—summaries of arguments\nr 5439 hdg bracketed note om R29 LA\nr 5439 om SL2016-33 r 32\nAppeals to Court of Appeal—list of authorities, legislation and texts\nr 5440 hdg bracketed note om R29 LA\nr 5440 om SL2016-33 r 32\nAppeals to Court of Appeal—absence of party\nr 5441 hdg bracketed note om R29 LA\nr 5441 am SL2013-32 r 4\n\nAppeals to Court of Appeal—insufficient material\nr 5442 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—abandonment of ground of appeal\nr 5470 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—discontinuance of appeal\nr 5471 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—competency of appeal\nr 5472 hdg bracketed note om R29 LA\nr 5472 am SL2006-58 amdt 1.40\nAppeals to Court of Appeal—costs for failure to apply for appeal to be struck\nout as incompetent\nr 5473 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—dismissal by consent\nr 5474 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—consent orders\nr 5475 hdg bracketed note om R29 LA\nDefinitions—div 5.4.7\nr 5500 hdg bracketed note om R29 LA\nApplication—sdiv 5.4.7.2\nr 5505 hdg bracketed note om R29 LA\nagainst conviction or sentence\nr 5506 hdg bracketed note om R29 LA\nagainst conviction or sentence to be sealed\nr 5507 am SL2023-36 r 45\nAppeals to Court of Appeal—serving application for leave to appeal out of\ntime against conviction or sentence\nr 5508 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—response by DPP to application for leave to\nappeal out of time against conviction or sentence\nr 5509 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—registrar’s decision on application for leave to\nappeal out of time against conviction or sentencebracketed note om R29 LA\nr 5510 hdg bracketed note om R29 LA\nApplication of div 5.4.3 to certain appeals by DPP\nr 5520 hdg bracketed note om R29 LA\n\nAppeals to Court of Appeal—treating application for leave to appeal out of\ntime against conviction or sentence as appeal\nr 5530 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—grounds of appeal against conviction or\nsentence\nr 5531 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—trial judge’s report for appeal against\nr 5532 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—service if convicted person in custody and\nunrepresented\nr 5533 hdg bracketed note om R29 LA\nr 5533 am SL2018-25 r 6\nAppeals to Court of Appeal—written case and presence if convicted person\nappellant\nr 5534 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—order for production of offender\nr 5535 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—fine paid to be kept pending appeal\nr 5536 hdg bracketed note om R29 LA\nr 5536 am SL2024-37 r 5\nAppeals to Court of Appeal—solicitor’s instructions to act for convicted\nperson ended\nr 5537 hdg bracketed note om R29 LA\nr 5537 am SL2024-37 r 6\nom SL2025-10 r 12\nAppeals to Court of Appeal—solicitor wants to withdraw from acting for\nconvicted person\nr 5538 hdg bracketed note om R29 LA\nr 5538 am SL2024-37 r 6\nom SL2025-10 r 12\nAppeals to Court of Appeal—notification of result of appeal against\nconviction etc\nr 5539 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—power to amend proceedings in court below\nr 5600 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—expediting appeals etc\nr 5601 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—directions about appeal etc\nr 5602 hdg bracketed note om R29 LA\n\nAppeals to Court of Appeal—want of prosecution of appeal\nr 5603 hdg bracketed note om R29 LA\nWhen Court of Appeal may be constituted by single judge—Supreme Court\nAct 1933, s 37J (1) (h)\nr 5604 hdg bracketed note om R29 LA\nJurisdiction of Court of Appeal that may be exercised by single judge—\nSupreme Court Act 1933, s 37J (3)\nr 5605 hdg bracketed note om R29 LA\nAppeals to Court of Appeal—further evidence on appeal\nr 5606 hdg bracketed note om R29 LA\nr 5606 am SL2023-36 r 46\nAppeals to Court of Appeal—keeping exhibits\nr 5607 hdg bracketed note om R29 LA\nMeaning of review order—pt 5.5\nr 5700 hdg bracketed note om R29 LA\nReview orders—application for order\nr 5701 hdg bracketed note om R29 LA\nReview orders—affidavits\nr 5702 hdg bracketed note om R29 LA\nReview orders—service of applications\nr 5703 hdg bracketed note om R29 LA\nReview orders—parties\nr 5704 hdg bracketed note om R29 LA\nReview orders—service of review order\nr 5705 hdg bracketed note om R29 LA\nReview orders—notice of intention to respond to review order\nr 5706 hdg bracketed note om R29 LA\nReview orders—security for costs\nr 5707 hdg bracketed note om R29 LA\nReview orders—stay\nr 5708 hdg bracketed note om R29 LA\nReview orders—non-appearance of applicant\nr 5709 hdg bracketed note om R29 LA\nReview orders—application to revoke review order\nr 5710 hdg bracketed note om R29 LA\nDefinitions—div 5.6.1\nr 5750 hdg bracketed note om R29 LA\n\nReference appeals to Supreme Court—application for reference appeal\nr 5751 hdg bracketed note om R29 LA\nReference appeals to Supreme Court—service of application etc for\nr 5752 hdg bracketed note om R29 LA\nReference appeals to Supreme Court—notice of intention to respond by\ninterested party\nr 5753 hdg bracketed note om R29 LA\nReference appeals to Supreme Court—discontinuance of reference appeal\nr 5754 hdg bracketed note om R29 LA\nReference appeals to Supreme Court—application of certain rules to\nreference appeals\nr 5755 hdg bracketed note om R29 LA\nDefinitions—div 5.6.2\nr 5770 hdg bracketed note om R29 LA\nReference appeals to Court of Appeal—application for reference appeal\nr 5771 hdg bracketed note om R29 LA\nReference appeals to Court of Appeal—service of application etc for\nr 5772 hdg bracketed note om R29 LA\nReference appeals to Court of Appeal—notice of intention to respond by\ninterested party\nr 5773 hdg bracketed note om R29 LA\nReference appeals to Court of Appeal—discontinuance of reference appeal\nr 5774 hdg bracketed note om R29 LA\nReference appeals to Court of Appeal—application of certain rules to\nreference appeals\nr 5775 hdg bracketed note om R29 LA\nApplication—div 5.7.1\nr 5800 am SL2008-25 r 17; table sub SL2009-32 r 10; SL2011-34\nr 20, r 21; items renum R29 LA; SL2015-22 r 61; SL2024-9\nr 24\nDefinitions—div 5.7.1\nr 5801 hdg bracketed note om R29 LA\nQuestion referred to Supreme Court—form\nr 5802 hdg bracketed note om R29 LA\nr 5802 am SL2023-36 r 47\nSpecial case to Supreme Court—preparation and settling\nr 5803 hdg bracketed note om R29 LA\n\nSpecial case to Supreme Court—person with legal disability\nr 5804 hdg bracketed note om R29 LA\nSpecial case to Supreme Court—directions hearing\nr 5805 hdg bracketed note om R29 LA\nSpecial case to Supreme Court—setting down for hearing\nr 5806 hdg bracketed note om R29 LA\nSpecial case to Supreme Court—insufficient statement of case\nr 5807 hdg bracketed note om R29 LA\nr 5807 am SL2023-36 r 48\nSpecial case to Supreme Court—court can draw inferences\nr 5808 hdg bracketed note om R29 LA\nr 5808 am SL2023-36 r 49\nSpecial case to Supreme Court—agreement about damages and costs\nr 5809 hdg bracketed note om R29 LA\nDefinitions—div 5.7.2\nr 5831 hdg bracketed note om R29 LA\nQuestion referred to Court of Appeal—form\nr 5832 hdg bracketed note om R29 LA\nr 5832 am SL2023-36 r 50\nSpecial case to Court of Appeal—preparation and settling\nr 5833 hdg bracketed note om R29 LA\nSpecial case to Court of Appeal—setting down for hearing\nr 5834 hdg bracketed note om R29 LA\nSpecial case to Court of Appeal—court can draw inferences\nr 5835 hdg bracketed note om R29 LA\nr 5835 am SL2023-36 r 51\nSpecial case to Court of Appeal—agreement about damages and costs\nr 5836 hdg bracketed note om R29 LA\nDefinitions—pt 5.8\nr 5850 hdg bracketed note om R29 LA\nr 5850 def appellant am SL2006-58 amdt 1.41\nApplication of pt 5.8 to div 5.6.1 etc\nr 5851 hdg bracketed note om R29 LA\nWritten cases—when used\nr 5852 hdg bracketed note om R29 LA\nWritten cases—appellant wants written case\nr 5853 hdg bracketed note om R29 LA\n\nWritten cases—respondent wants written case\nr 5854 hdg bracketed note om R29 LA\nWritten cases—filing etc written case for application\nr 5855 hdg bracketed note om R29 LA\nr 5855 am SL2023-36 r 52\nWritten cases—filing etc written case for appeal\nr 5856 hdg bracketed note om R29 LA\nr 5856 am SL2023-36 r 53\nWritten cases—form\nr 5857 hdg bracketed note om R29 LA\nr 5857 am SL2023-36 r 54, r 55\nWritten cases—inspection\nr 5858 hdg bracketed note om R29 LA\nApplication—ch 6\nr 6000 am A2008-20 amdt 4.17; SL2011-17 r 38\nDefinitions—pt 6.2\nr 6005 hdg bracketed note om R29 LA\nApplication—pt 6.2\nr 6006 am SL2016-17 r 6\nApplication in proceeding—contents\nr 6007 hdg bracketed note om R29 LA\nr 6007 am SL2015-22 r 32\nApplication in proceeding—filing and service\nr 6008 hdg bracketed note om R29 LA\nApplication in proceeding—filing and service of supporting material\nr 6009 hdg bracketed note om R29 LA\nApplication in proceeding—absence of party\nr 6010 hdg bracketed note om R29 LA\nApplication in proceeding—dismissal or adjournment if application not\nserved etc\nr 6011 hdg bracketed note om R29 LA\nApplication in proceeding—adjournment generally\nr 6012 hdg bracketed note om R29 LA\nApplication in proceeding—orders by consent without attendance\nr 6013 hdg bracketed note om R29 LA\nr 6013 sub SL2012-24 r 16\nApplication in proceeding—further hearing\nr 6014 hdg bracketed note om R29 LA\n\nApplication in proceeding—application under r 40\nr 6015 hdg bracketed note om R29 LA\nApplication in proceeding—oral application\nr 6016 hdg bracketed note om R29 LA\nHuman rights proceedings\npt 6.2A hdg ins SL2012-43 r 40\nPreliminary\ndiv 6.2A.1 hdg ins SL2012-43 r 40\nTerms used in Human Rights Act 2004\nr 6020 ins SL2012-43 r 40\nApplication—pt 6.2A\nr 6021 ins SL2012-43 r 40\nPleadings and originating processes\ndiv 6.2A.1A hdg ins SL2023-15 r 11\nContents of pleadings or originating processes\nr 6022 ins SL2023-15 r 11\nNotice to Attorney-General and commission\ndiv 6.2A.2 hdg ins SL2012-43 r 40\nApplication—div 6.2A.2\nr 6030 ins SL2012-43 r 40\nam SL2024-9 r 25\nNotice—human rights proceedings\nr 6031 ins SL2012-43 r 40\nNotice—direction by court\nr 6032 ins SL2012-43 r 40\nContents of notice of human rights matter\nr 6033 ins SL2012-43 r 40\nDirections hearing—human rights proceedings\nr 6034 ins SL2012-43 r 40\nIntervention of commission\ndiv 6.2A.3 hdg ins SL2012-43 r 40\nHuman rights commissioner—application for leave to intervene\nr 6040 ins SL2012-43 r 40\nIntervention of Attorney-General in proceedings\npt 6.2B hdg ins SL2012-43 r 40\nAttorney-General—notice of intervention\nr 6045 ins SL2012-43 r 40\n\nApplication—div 6.3.1\nr 6100 hdg bracketed note om R29 LA\nDocuments—general heading style\nr 6102 hdg bracketed note om R29 LA\nDocuments—layout etc\nr 6103 hdg bracketed note om R29 LA\nr 6103 am SL2017-10 r 11; SL2018-25 r 7; rr renum R52 LA\nDocuments—use of copies\nr 6104 am SL2023-36 r 56\nDocuments—use of figures\nr 6105 hdg bracketed note om R29 LA\nDocuments—signing\nr 6106 hdg bracketed note om R29 LA\nr 6106 am SL2018-25 r 8; SL2022-19 r 4; SL2023-36 r 57\nDocuments—alterations\nr 6107 hdg bracketed note om R29 LA\nFiling documents—number of copies\nr 6120 hdg bracketed note om R29 LA\nr 6120 am SL2017-10 r 12; SL2018-25 r 9; SL2022-19 r 5; SL2023-36\nr 58\nHow documents may be filed\nr 6121 hdg bracketed note om R29 LA\nr 6121 am SL2012-24 r 17; pars renum R32 LA; SL2017-17 r 18;\nSL2018-25 r 10; SL2023-36 r 59, r 60\nFiling documents personally\nr 6122 hdg bracketed note om R29 LA\nFiling documents by post\nr 6123 hdg bracketed note om R29 LA\nr 6123 am SL2018-25 r 11\nFiling documents electronically\nr 6124 om SL2012-24 r 18\nins SL2018-25 r 12\nam SL2023-36 rr 61-63; rr renum R66 LA\nPractice notes about filing\nr 6125 hdg bracketed note om R29 LA\nDate of filing\nr 6126 hdg bracketed note om R29 LA\nr 6126 am SL2012-24 r 19; pars renum R32 LA; SL2017-17 r 19, r 20;\nSL2018-25 rr 13-15; SL2023-36 r 64\n\nDocuments filed electronically\ndiv 6.3.2A hdg ins SL2018-25 r 16\nom SL2023-36 r 65\nKeeping original documents\nr 6130 ins SL2018-25 r 16\nSigning, sealing and stamping documents filed electronically\nr 6131 renum and reloc as r 6304A SL2023-36 r 67\nIssue of documents electronically by court\nr 6132 renum and reloc as r 6304B SL2023-36 r 69\nConversion of documents in paper form to electronic form\nr 6133 ins SL2023-36 r 70\nOfficial record of the court\nr 6134 ins SL2023-36 r 70\nRejecting documents—noncompliance with rules etc\nr 6140 hdg bracketed note om R29 LA\nr 6140 am SL2018-25 r 17\nRejecting documents—inconvenient address for service\nr 6141 hdg bracketed note om R29 LA\nRejecting documents—abuse of process etc\nr 6142 hdg bracketed note om R29 LA\nr 6142 am SL2015-22 r 61; SL2024-9 r 26\nRejecting document—registrar to give notice etc\nr 6143 hdg bracketed note om R29 LA\nr 6143 am SL2018-25 r 18; SL2023-36 r 71\nRejecting document—costs\nr 6144 hdg bracketed note om R29 LA\nFiled documents initially rejected\nr 6145 am SL2023-36 r 72\nAssociate judge\npt 6.4 hdg sub SL2015-22 r 33\nom SL2024-9 r 27\nJurisdiction exercisable by associate judge\nr 6200 hdg bracketed note om R29 LA\nsub SL2015-22 r 34\nr 6200 am SL2006-58 amdt 1.42, amdt 1.43; SL2008-50 r 7;\nSL2015-22 r 35, r 36; SL2017-17 r 21\nom SL2020-45 r 12\n\nOrder that jurisdiction in proceeding be exercised by judge instead of\nassociate judge\nr 6201 hdg bracketed note om R29 LA\nr 6201 am SL2015-22 r 61\nom SL2020-45 r 12\nAssociate judge referring proceeding or issue to judge\nr 6202 hdg bracketed note om R29 LA\nsub SL2015-22 r 37\nr 6202 am SL2015-22 r 38\nom SL2024-9 r 27\nJurisdiction exercisable by registrar of Supreme Court\nr 6250 hdg bracketed note om R29 LA\nr 6250 am SL2007-16 r 23, r 24; A2007-28 amdt 1.1; SL2008-44 r 6;\nSL2009-56 r 28, r 29; pars renum R21 LA; SL2011-17 r 39;\nSL2012-43 rr 41-44; pars renum R33 LA; SL2014-4 r 5, r 6;\npars renum R37 LA; SL2014-9 r 8; pars renum R38 LA;\nSL2015-22 rr 39-41; pars renum R41 LA; SL2016-17 r 7, r 8;\npars renum R46 LA; SL2016-31 r 4; pars renum R47 LA;\nSL2017-17 r 22, r 23; pars renum R50 LA; SL2020-6 r 4; pars\nrenum R56 LA; SL2022-19 r 6; pars renum R64 LA;\nSL2023-15 r 12; pars renum R65 LA\nJurisdiction exercisable by registrar of Magistrates Court\nr 6251 ins SL2007-16 r 25\nam SL2007-37 r 8; SL2008-44 r 7; SL2009-11 r 4, r 5; ss, pars\nrenum R16 LA; SL2009-56 r 30; SL2010-24 r 30; SL2011-17\nr 40; pars renum R26 LA; SL2012-43 r 45; SL2013-32 r 5,\nr 6; pars renum R36 LA; SL2014-4 r 7; pars renum R37 LA;\nSL2014-9 rr 9-11; pars renum R38 LA; SL2015-12 r 8;\nSL2015-22 rr 42-44; pars renum R41 LA; SL2016-17 r 9;\nSL2016-31 r 5, r 6; pars renum R47 LA; SL2016-33 r 33; pars\nrenum R48 LA; SL2017-10 r 13, r 14; pars renum R49 LA;\nSL2017-17 r 24, r 25; pars renum R50 LA; SL2017-40 r 856;\nSL2022-19 r 7; pars renum R64 LA; SL2024-37 r 7; pars\nrenum R69 LA; SL2025-10 r 13\nRegistrar’s powers—postponement of hearing\nr 6252 hdg bracketed note om R29 LA\nr 6252 am SL2015-22 r 61; SL2024-9 r 28\nRegistrar’s powers—subpoenas\nr 6253 hdg bracketed note om R29 LA\nOrder that jurisdiction in proceeding be exercised by judicial officer other\nthan registrar\nr 6254 hdg bracketed note om R29 LA\nr 6254 am SL2015-22 r 61; SL2024-9 r 28\n\nRegistrar referring proceeding or issue to judicial officer\nr 6255 hdg bracketed note om R29 LA\nr 6255 am SL2015-22 r 61; SL2024-9 r 28\nAppeals from registrar’s orders etc\nr 6256 hdg bracketed note om R29 LA\nr 6256 am SL2006-58 amdt 1.44; SL2015-22 r 61; SL2017-10 r 15;\nSL2020-45 r 13; SL2024-9 r 29\nOffice hours\nr 6300 hdg bracketed note om R29 LA\nr 6300 am SL2011-17 r 41; SL2015-22 r 45\nsub SL2020-9 r 4\nRegistrar’s duties\nr 6301 hdg bracketed note om R29 LA\nCause book\nr 6302 hdg bracketed note om R29 LA\nRegistrar to keep seals\nr 6303 hdg bracketed note om R29 LA\nr 6303 am SL2011-17 r 42; SL2017-40 r 9\nDocuments—sealing and stamping\nr 6304 hdg bracketed note om R29 LA\nr 6304 am SL2023-36 r 73; rr renum R66 LA\nSigning, sealing and stamping documents filed electronically\nr 6304A (prev r 6131) ins SL2018-25 r 16\nam SL2019-25 r 5, r 6; SL2023-36 r 66\nrenum and reloc as r 6304B SL2023-36 r 67\nIssue of documents electronically by court\nr 6304B (prev r 6132) ins SL2018-25 r 16\nam SL2023-36 r 68\nrenum and reloc as r 6304B SL2023-36 r 69\nIssue of commissions\nr 6305 hdg bracketed note om R29 LA\nDuplicate sealed etc documents\nr 6306 hdg bracketed note om R29 LA\nDelegation by registrar\nr 6307 hdg bracketed note om R29 LA\nTime—certain days excluded in working out\nr 6350 hdg bracketed note om R29 LA\nTime—extending and shortening by court order\nr 6351 hdg bracketed note om R29 LA\n\nTime—fixing by court order\nr 6352 hdg bracketed note om R29 LA\nApplication—pt 6.8\nr 6400 hdg bracketed note om R29 LA\nr 6400 am SL2012-43 r 46; SL2017-10 r 16; SL2017-17 r 26\nService of filed documents\nr 6401 hdg bracketed note om R29 LA\nHow document is personally served\nr 6405 hdg bracketed note om R29 LA\nApplication—div 6.8.3\nr 6410 hdg bracketed note om R29 LA\nService on individuals generally—Magistrates Court\nr 6411 hdg bracketed note om R29 LA\nr 6411 am SL2007-16 r 26, r 27\nService of originating process by post—Magistrates Court\nr 6412 hdg bracketed note om R29 LA\nDoubtful service—Magistrates Court\nr 6413 hdg bracketed note om R29 LA\nOrdinary service—address for service\nr 6420 hdg bracketed note om R29 LA\nr 6420 am SL2018-25 r 19\nService by filing\nr 6421 hdg bracketed note om R29 LA\nService on corporations—generally\nr 6431 hdg bracketed note om R29 LA\nr 6431 am SL2011-34 r 22\nService of originating process on partnership\nr 6433 hdg bracketed note om R29 LA\nService on defendant operating under business name\nr 6434 hdg bracketed note om R29 LA\nsub SL2011-34 s 23\nr 6434 am SL2011-34 rr 24-26\nService on children\nr 6435 hdg bracketed note om R29 LA\nr 6435 am A2008-20 amdt 3.15\nService on people with mental disabilities\nr 6436 hdg bracketed note om R29 LA\nService on detainees\nr 6437 hdg bracketed note om R29 LA\n\nService if no-one found at party’s address for service\nr 6438 hdg bracketed note om R29 LA\nService of originating application to recover unoccupied land\nr 6439 hdg bracketed note om R29 LA\nTime of service at address for service\nr 6450 hdg bracketed note om R29 LA\nr 6450 am SL2016-33 r 34; SL2018-25 r 20\nSubstituted service\nr 6460 hdg bracketed note om R29 LA\nInformal service\nr 6461 hdg bracketed note om R29 LA\nService on agent\nr 6462 hdg bracketed note om R29 LA\nr 6462 am SL2023-36 r 74\nService under contract\nr 6463 hdg bracketed note om R29 LA\nAcceptance of service by solicitor\nr 6464 hdg bracketed note om R29 LA\nSpecial requirements for service by fax\nr 6465 hdg bracketed note om R29 LA\nEmail service—other matters\nr 6466 hdg bracketed note om R29 LA\nr 6466 am SL2018-25 rr 21-24\nProof of service\nr 6467 hdg bracketed note om R29 LA\nIdentity of person served\nr 6468 hdg bracketed note om R29 LA\nChange of address for service\nr 6469 hdg bracketed note om R29 LA\nService of subpoenas and notices instead of subpoenas—general\ndiv 6.8.8 hdg sub SL2009-56 r 31\nDefinitions—div 6.8.8\nr 6480 sub SL2009-56 r 31\ndef ACT Ambulance Service ins SL2009-56 r 31\ndef medical expert ins SL2009-56 r 31\nsub SL2012-43 r 47\ndef special witness ins SL2009-56 r 31\nSubpoena—service on solicitor\nr 6481 sub SL2009-56 r 31\n\nSubpoena—service on special witness\nr 6482 sub SL2009-56 r 31\nSpecial witness—notice instead of subpoena\nr 6483 sub SL2009-56 r 31\nSpecial witness—no shortening of time for service\nr 6484 ins SL2009-56 r 31\nService out of Australia\ndiv 6.8.9 hdg note sub SL2009-32 r 11\nnote 3 ins SL2011-33 r 7\nsub SL2017-17 r 27\nMeaning of Australia—div 6.8.9\nr 6500 hdg bracketed note om R29 LA\nr 6500 sub SL2017-17 r 27\nr 6501 hdg bracketed note om R29 LA\nr 6501 sub SL2017-17 r 27\nService of originating process without leave\nr 6502 hdg bracketed note om R29 LA\nr 6502 sub SL2017-17 r 27\nService of originating process with leave\nr 6503 hdg bracketed note om R29 LA\nr 6503 sub SL2017-17 r 27\nCourt’s discretion whether to assume jurisdiction\nr 6504 hdg bracketed note om R29 LA\nr 6504 am SL2011-33 r 8\nsub SL2017-17 r 27\nNotice to person served outside Australia\nr 6505 hdg bracketed note om R29 LA\nr 6505 sub SL2017-17 r 27\nTime for filing notice of intention to respond\nr 6506 hdg bracketed note om R29 LA\nr 6506 sub SL2017-17 r 27\nLeave to proceed if notice of intention to respond not filed\nr 6507 hdg bracketed note om R29 LA\nr 6507 sub SL2017-17 r 27\nService of other documents outside Australia\nr 6508 hdg bracketed note om R29 LA\nr 6508 sub SL2017-17 r 27\n\nMode of service\nr 6509 hdg bracketed note om R29 LA\nr 6509 sub SL2017-17 r 27\nService outside Australia—service in convention countries\nr 6510 hdg bracketed note om R29 LA\nr 6510 om SL2017-17 r 27\nService outside Australia—service in non-convention countries\nr 6511 hdg bracketed note om R29 LA\nr 6511 om SL2017-17 r 27\nService outside Australia—other orders\nr 6512 hdg bracketed note om R29 LA\nr 6512 om SL2017-17 r 27\nService of subpoenas in New Zealand\ndiv 6.8.10 hdg om SL2011-33 r 9\nApplication—div 6.8.10\nr 6520 am SL2009-11 r 6\nom SL2011-33 r 9\nTerms used in Evidence and Procedure (New Zealand) Act\nr 6521 hdg bracketed note om R29 LA\nr 6521 om SL2011-33 r 9\nApplication for leave to serve subpoena in New Zealand\nr 6522 hdg bracketed note om R29 LA\nr 6522 om SL2011-33 r 9\nSupporting affidavit—application for leave to serve subpoena in New\nr 6523 hdg bracketed note om R29 LA\nr 6523 om SL2011-33 r 9\nApplication for leave to serve subpoena in New Zealand need not be served\netc\nr 6524 hdg bracketed note om R29 LA\nr 6524 om SL2011-33 r 9\nUndertaking about paying loss or expense in complying with subpoena\nserved in New Zealand\nr 6525 hdg bracketed note om R29 LA\nr 6525 om SL2011-33 r 9\nSetting aside subpoena for service in New Zealand\nr 6526 hdg bracketed note om R29 LA\nr 6526 om SL2011-33 r 9\n\nNoncompliance with subpoena served in New Zealand\nr 6527 hdg bracketed note om R29 LA\nr 6527 om SL2011-33 r 9\nLetter of request from foreign tribunal—procedure\nr 6540 hdg bracketed note om R29 LA\nOrders for substituted service etc for div 6.8.11\nr 6541 hdg bracketed note om R29 LA\nNoncompliance with div 6.8.11\nr 6542 hdg bracketed note om R29 LA\nService under the Hague Convention\ndiv 6.8.12 hdg ins SL2009-32 r 12\nam SL2020-20 r 4\nPreliminary\nsdiv 6.8.12.1 hdg ins SL2009-32 r 12\nDefinitions—div 6.8.12\nr 6550 ins SL2009-32 r 12\ndef additional authority ins SL2009-32 r 12\ndef applicant ins SL2009-32 r 12\ndef central authority ins SL2009-32 r 12\ndef certificate of service ins SL2009-32 r 12\ndef certifying authority ins SL2009-32 r 12\ndef civil proceeding ins SL2009-32 r 12\ndef defendant ins SL2009-32 r 12\ndef foreign judicial document ins SL2009-32 r 12\ndef forwarding authority ins SL2009-32 r 12\ndef Hague Convention ins SL2009-32 r 12\ndef Hague Convention country ins SL2009-32 r 12\ndef initiating process ins SL2009-32 r 12\ndef local judicial document ins SL2009-32 r 12\ndef registrar ins SL2009-32 r 12\ndef request for service abroad ins SL2009-32 r 12\ndef request for service in the ACT ins SL2009-32 r 12\nRules under this division prevail\nr 6551 ins SL2009-32 r 12\nService abroad of local judicial documents\nsdiv 6.8.12.2 hdg ins SL2009-32 r 12\nApplication—subdiv 6.8.12.2\nr 6552 ins SL2009-32 r 12\nApplication for request for service abroad\nr 6553 ins SL2009-32 r 12\n\nHow application to be dealt with\nr 6554 ins SL2009-32 r 12\nProcedure on receipt of certificate of service\nr 6555 ins SL2009-32 r 12\nPayment of costs\nr 6556 ins SL2009-32 r 12\nEvidence of service\nr 6557 ins SL2009-32 r 12\nDefault judgment following service abroad of initiating process\nsdiv 6.8.12.3 hdg ins SL2009-32 r 12\nApplication—subdiv 6.8.12.3\nr 6558 ins SL2009-32 r 12\nRestriction on power to enter default judgment if certificate of service filed\nr 6559 ins SL2009-32 r 12\nRestriction on power to enter default judgment if certificate of service not\nfiled\nr 6560 ins SL2009-32 r 12\nSetting aside default judgment\nr 6561 ins SL2009-32 r 12\nLocal service of foreign judicial documents\nsdiv 6.8.12.4 hdg ins SL2009-32 r 12\nApplication—subdiv 6.8.12.4\nr 6562 ins SL2009-32 r 12\nCertain documents to be referred back to Attorney-General of the\nCommonwealth\nr 6563 ins SL2009-32 r 12\nService of foreign judicial documents etc\nr 6564 ins SL2009-32 r 12\nAffidavit about service\nr 6565 ins SL2009-32 r 12\nDefinitions—pt 6.9\nr 6600 hdg bracketed note om R29 LA\nIssuing subpoena\nr 6601 hdg bracketed note om R29 LA\nr 6601 am SL2022-6 r 4\n\nIssuing subpoena to produce—originating claim\nr 6601A ins SL2010-51 r 12\nsub SL2011-6 s 6\nam SL2015-22 r 46; SL2019-11 r 13; SL2024-9 r 30\nIssuing subpoena to produce—originating application\nr 6601B ins SL2011-6 s 6\nForm of subpoena\nr 6602 hdg bracketed note om R29 LA\nr 6602 am SL2009-56 r 32; SL2017-17 r 28\nSubpoena—leave to serve late\nr 6603 sub SL2007-16 r 28\nam SL2009-56 r 33\nSubpoena—change of date for attendance of production\nr 6603A ins SL2008-50 r 8\nSetting aside subpoena or other relief\nr 6604 hdg bracketed note om R29 LA\nService of subpoena\nr 6605 hdg bracketed note om R29 LA\nr 6605 am SL2009-56 r 34; SL2011-33 r 10\nCompliance with subpoena\nr 6606 hdg bracketed note om R29 LA\nr 6606 am SL2008-50 r 9; SL2009-56 r 35; SL2017-17 r 29;\nSL2024-37 r 8\nProduction of subpoenaed document etc otherwise than on attendance\nr 6607 hdg bracketed note om R29 LA\nr 6607 am SL2024-37 r 9\nAddressee declaration on production of subpoenaed document or thing\nr 6607A ins SL2024-37 r 10\nRemoval, return, inspection etc of subpoenaed documents and things\nr 6608 hdg bracketed note om R29 LA\nInspection of, and dealing with, subpoenaed documents and things\nproduced otherwise than on attendance\nr 6609 hdg bracketed note om R29 LA\nr 6609 am SL2008-25 r 18, r 19; SL2018-25 r 25; SL2024-37 r 11;\nrr renum R69 LA\nReturn or disposal of subpoenaed documents and things produced\nr 6610 sub SL2009-56 r 36\nam SL2013-18 r 24, r 25; rr renum R34 LA\nsub SL2024-37 r 12\n\nCosts and expenses of compliance with subpoena\nr 6611 hdg bracketed note om R29 LA\nFailure to comply with subpoena—contempt of court\nr 6612 hdg bracketed note om R29 LA\nDocuments and things in custody of court\nr 6613 hdg bracketed note om R29 LA\nApplication of pt 6.9—subpoena under Commercial Arbitration Act\nr 6614 hdg bracketed note om R29 LA\nr 6614 am SL2017-17 r 30, r 31; SL2024-37 r 13\nSubpoena issued by ACAT—leave to serve outside ACT\nr 6615 ins SL2009-56 r 37\nExamination summons issued by ACT Integrity Commission—leave to serve\noutside ACT\nr 6615A ins SL2020-45 r 14\nWay evidence given—civil proceedings\nr 6700 hdg bracketed note om R29 LA\nr 6700 am SL2011-34 r 35; SL2012-24 r 20; SL2011-33 r 11, r 12;\nSL2015-22 r 47\nEvidence on affidavit by agreement—civil proceedings\nr 6701 hdg bracketed note om R29 LA\nEvidence in another civil proceeding etc\nr 6702 hdg bracketed note om R29 LA\nEvidence by telephone etc\nr 6703 hdg bracketed note om R29 LA\nr 6703 am SL2011-33 r 13; A2015-40 amdt 1.6, amdt 1.7\nPlans, photographs, video or audio recordings and models\nr 6704 hdg bracketed note om R29 LA\nAffidavit—form\nr 6710 hdg bracketed note om R29 LA\nr 6710 am SL2009-32 r 13\nAffidavit—contents\nr 6711 hdg bracketed note om R29 LA\nr 6711 am SL2011-34 r 27\nAffidavit—annexures and exhibits\nr 6712 hdg bracketed note om R29 LA\nr 6712 am SL2007-37 r 9; SL2009-32 r 14; SL2018-25 r 26;\nSL2021-15 rr 9-11; rr renum R61 LA\nAffidavit—document included in\nr 6713 hdg bracketed note om R29 LA\n\nAffidavit—when may be taken\nr 6714 hdg bracketed note om R29 LA\nAffidavit—taking of\nr 6715 hdg bracketed note om R29 LA\nr 6715 am SL2011-34 r 28\nAffidavit—certificate of reading or signature for person making\nr 6716 hdg bracketed note om R29 LA\nAffidavit—alterations in\nr 6717 hdg bracketed note om R29 LA\nAffidavit—filing and service\nr 6718 hdg bracketed note om R29 LA\nAffidavit—irregular in form\nr 6719 hdg bracketed note om R29 LA\nAffidavit—scandalous matter etc\nr 6720 hdg bracketed note om R29 LA\nAffidavit—cross-examination of maker\nr 6721 hdg bracketed note om R29 LA\nAffidavit—taken before party\nr 6722 hdg bracketed note om R29 LA\nExchange of correspondence before making application in proceeding\ndiv 6.10.3 hdg om SL2015-22 r 48\nDefinitions—div 6.10.3\nr 6740 hdg bracketed note om R29 LA\nr 6740 om SL2015-22 r 48\ndef applicant om SL2015-22 r 48\ndef nominated time om SL2015-22 r 48\ndef respondent om SL2015-22 r 48\nApplication—div 6.10.3\nr 6741 hdg bracketed note om R29 LA\nr 6741 om SL2015-22 r 48\nApplicant’s letter to respondent\nr 6742 hdg bracketed note om R29 LA\nr 6742 om SL2015-22 r 48\nRespondent’s reply to applicant’s letter\nr 6743 hdg bracketed note om R29 LA\nr 6743 om SL2015-22 r 48\nApplicant and respondent—additional correspondence\nr 6744 hdg bracketed note om R29 LA\nr 6744 om SL2015-22 r 48\n\nDiv 6.10.3 application—making application\nr 6745 hdg bracketed note om R29 LA\nr 6745 om SL2015-22 r 48\nDiv 6.10.3 application—hearing\nr 6746 hdg bracketed note om R29 LA\nr 6746 om SL2015-22 r 48\nNotice to produce\ndiv 6.10.3A hdg ins SL2008-44 r 8\nNotice to produce\nr 6748 ins SL2008-44 r 8\nNotices under Evidence Act\ndiv 6.10.4 hdg am SL2011-34 r 35\nEvidence of previous representation notice\nr 6750 hdg bracketed note om R29 LA\nr 6750 am SL2011-34 r 35\nObjection to hearsay evidence notice—civil proceedings\nr 6751 hdg bracketed note om R29 LA\nr 6751 am SL2011-34 r 35\nTendency evidence notice\nr 6752 hdg bracketed note om R29 LA\nr 6752 am SL2011-34 r 35\nCoincidence evidence notice\nr 6753 hdg bracketed note om R29 LA\nr 6753 am SL2011-34 r 35\nMeaning of subpoenaed document or thing—div 6.10.5\nr 6760 hdg bracketed note om R29 LA\nRegistrar to keep record of proceeding\nr 6761 hdg bracketed note om R29 LA\nCustody of exhibits after proceeding\nr 6762 hdg bracketed note om R29 LA\nDuty of parties to claim exhibits\nr 6763 hdg bracketed note om R29 LA\nr 6763 am SL2013-18 rr 26-28\nReturn of subpoenaed document or thing\nr 6764 om SL2009-56 r 38\nRequirement to give or send exhibit\nr 6765 hdg bracketed note om R29 LA\nr 6765 am SL2013-18 r 29\n\nDisposal of exhibits\nr 6766 hdg bracketed note om R29 LA\nr 6766 am SL2013-18 r 30, r 31\nPower to allow removal of exhibits etc\nr 6767 hdg bracketed note om R29 LA\nApplication for direction under Evidence (Miscellaneous Provisions) Act,\ns 20\nr 6800 hdg bracketed note om R29 LA\nr 6800 am SL2011-34 r 29\nDirections for Evidence (Miscellaneous Provisions) Act, s 20\nr 6801 hdg bracketed note om R29 LA\nr 6801 am SL2011-34 r 29\nTaking evidence from New Zealand by video link or telephone\ndiv 6.10.7 hdg om SL2011-33 r 14\nTerms used in Evidence and Procedure (New Zealand) Act\nr 6805 hdg bracketed note om R29 LA\nr 6805 om SL2011-33 r 14\nApplication for direction under Evidence and Procedure (New Zealand) Act,\ns 25\nr 6806 hdg bracketed note om R29 LA\nr 6806 om SL2011-33 r 14\nDirections for Evidence and Procedure (New Zealand) Act, s 25\nr 6807 hdg bracketed note om R29 LA\nr 6807 om SL2011-33 r 14\nDefinitions—div 6.10.8\nr 6810 hdg bracketed note om R29 LA\nEffect of court directions for examination order\nr 6811 hdg bracketed note om R29 LA\nApplication of div 6.10.8 to letter of request\nr 6812 hdg bracketed note om R29 LA\nOrder for taking evidence otherwise than at trial\nr 6813 hdg bracketed note om R29 LA\nWhen examination order may be made\nr 6814 hdg bracketed note om R29 LA\nApplication for examination order\nr 6815 hdg bracketed note om R29 LA\nAppointment of examiner\nr 6816 hdg bracketed note om R29 LA\n\nDocuments for examiner\nr 6817 hdg bracketed note om R29 LA\nTime and place of examination etc\nr 6818 hdg bracketed note om R29 LA\nConduct of examination\nr 6819 hdg bracketed note om R29 LA\nExamination of additional people\nr 6820 hdg bracketed note om R29 LA\nObjections by party or person being examined\nr 6821 hdg bracketed note om R29 LA\nRecording evidence of examination\nr 6822 hdg bracketed note om R29 LA\nAuthentication and filing of deposition of examination etc\nr 6823 hdg bracketed note om R29 LA\nSpecial report on examination\nr 6824 hdg bracketed note om R29 LA\nDefault of witness at examination\nr 6825 hdg bracketed note om R29 LA\nr 6825 am SL2009-56 r 39\nCosts of examination\nr 6826 hdg bracketed note om R29 LA\nWitness expenses for witness at examination\nr 6827 hdg bracketed note om R29 LA\nAdmissibility of deposition of examination\nr 6828 hdg bracketed note om R29 LA\nr 6828 am SL2011-34 r 35\nLetter of request\nr 6829 hdg bracketed note om R29 LA\nUse of evidence taken in examination\nr 6830 hdg bracketed note om R29 LA\nUse of evidence taken in an examination—subsequent proceedings\nr 6831 hdg bracketed note om R29 LA\nAmendment and revocation of examination orders\nr 6832 hdg bracketed note om R29 LA\nExclusion of evidence in criminal proceeding\nr 6833 hdg bracketed note om R29 LA\nDefinitions—div 6.10.9\nr 6840 hdg bracketed note om R29 LA\n\nApplication—div 6.10.9\nr 6841 hdg bracketed note om R29 LA\nApplication for div 6.10.9 order\nr 6842 hdg bracketed note om R29 LA\nOrder relating to taking evidence for Australian or foreign court or tribunal\nr 6843 hdg bracketed note om R29 LA\nDiv 6.10.9 order for criminal proceeding\nr 6844 hdg bracketed note om R29 LA\nAppointment of examiner for div 6.10.9\nr 6845 hdg bracketed note om R29 LA\nAttendance by div 6.10.9 order applicant at examination\nr 6846 hdg bracketed note om R29 LA\nProcedure for taking evidence under div 6.10.9 order\nr 6847 hdg bracketed note om R29 LA\nKeeping of exhibits at div 6.10.9 examination\nr 6848 hdg bracketed note om R29 LA\nCertificate of order and depositions—div 6.10.9 examination\nr 6849 hdg bracketed note om R29 LA\nPrivilege of witnesses—div 6.10.9 examination\nr 6850 hdg bracketed note om R29 LA\nPrivilege of witnesses—unsupported claim etc for div 6.10.9 examination\nr 6851 hdg bracketed note om R29 LA\nTrans-Tasman proceedings\npt 6.10A hdg ins SL2011-33 r 15\nTrans-Tasman proceedings—general\ndiv 6.10A.1 hdg ins SL2011-33 r 15\nTerms in Trans-Tasman Proceedings Act\nr 6860 ins SL2011-33 r 15\nTrans-Tasman proceedings—orders under Trans-Tasman Proceedings Act\ndiv 6.10A.2 hdg ins SL2011-33 r 15\nTrans-Tasman proceedings—originating application\nr 6861 ins SL2011-33 r 15\nTrans-Tasman proceedings—applications in proceedings\nr 6862 ins SL2011-33 r 15\nTrans-Tasman proceedings—application for interim relief\nr 6863 ins SL2011-33 r 15\n\nTrans-Tasman proceedings—service of subpoenas in New Zealand\ndiv 6.10A.3 hdg ins SL2011-33 r 15\nApplication—div 6.10A.3\nr 6864 ins SL2011-33 r 15\nam SL2017-10 r 17\nTrans-Tasman proceedings—application for leave to serve subpoena in New\nr 6865 ins SL2011-33 r 15\nTrans-Tasman proceedings—application to set aside subpoena served in\nNew Zealand\nr 6866 ins SL2011-33 r 15\nTrans-Tasman proceedings—noncompliance with subpoena served in New\nr 6867 ins SL2011-33 r 15\nTrans-Tasman proceedings—remote appearances\ndiv 6.10A.4 hdg ins SL2011-33 r 15\nTrans-Tasman proceedings—application for order for use of audio link or\naudiovisual link from New Zealand\nr 6868 ins SL2011-33 r 15\nTrans-Tasman proceedings—enforcement of NZ judgments\ndiv 6.10A.5 hdg ins SL2011-33 r 15\nTrans-Tasman proceedings—notice of registration of NZ judgment\nr 6869 ins SL2011-33 r 15\nam SL2017-17 r 32\nTrans-Tasman proceedings—application for extension of time to give notice\nof registration of NZ judgment\nr 6870 ins SL2011-33 r 15\nTrans-Tasman proceedings—application to set aside registration of NZ\nr 6871 ins SL2011-33 r 15\nTrans-Tasman proceedings—application for stay of enforcement of\nregistered NZ judgment\nr 6872 ins SL2011-33 r 15\nTrans-Tasman proceedings—application for extension of time to apply for\nstay of enforcement of registered NZ judgment\nr 6873 ins SL2011-33 r 15\nMandatory order to registrar etc\nr 6904 hdg bracketed note om R29 LA\n\nNotices must be written\nr 6905 hdg bracketed note om R29 LA\nr 6906 hdg bracketed note om R29 LA\nUse of electronic devices in courtrooms\nr 6908 ins SL2018-25 r 27\nam SL2019-11 r 14; rr renum R53 LA\nTransitional—existing proceedings in Supreme Court on 1 July 2006\nr 7000 hdg bracketed note om R29 LA\nTransitional—approved forms for Supreme Court\nr 7001 exp 1 January 2007 (r 7001 (4))\nTransitional—application of old Magistrates Court rules to proceedings until\nr 7010 exp 1 January 2007 (r 7010 (4))\nTransitional—interrogatories\npt 7.3 hdg ins SL2023-15 r 13\nexp 1 July 2025 (r 7012 (3))\nTransitional—interrogatories\nr 7012 ins SL2023-15 r 13\nexp 1 July 2025 (r 7012 (3))\nExpert witness code of conduct\nsch 1 hdg am SL2012-24 r 21\nsub SL2016-17 r 10\nApplication of code\nsch 1, r 1.1 hdg bracketed note om R29 LA\nsch 1, r 1.1 sub SL2016-17 r 10\nGeneral duty to court\nsch 1, r 1.2 hdg bracketed note om R29 LA\nsch 1, r 1.2 sub SL2016-17 r 10\nContent of report\nsch 1, r 1.3 hdg bracketed note om R29 LA\nsch 1, r 1.3 sub SL2016-17 r 10\nSupplementary report following change of opinion\nsch 1, r 1.4 hdg bracketed note om R29 LA\nsch 1, r 1.4 sub SL2016-17 r 10\nDuty to comply with court’s directions\nsch 1, r 1.5 ins SL2016-17 r 10\nExperts’ conference etc\nsch 1, r 1.6 ins SL2016-17 r 10\n\nInterest up to judgment\nsch 2, pt 2.1 hdg bracketed note om R29 LA\nInterest up to judgment—Supreme Court\nsch 2, table 2.1 am SL2010-24 r 31\nInterest up to judgment after 30 June 2010—Supreme Court\nsch 2, r 2.1 ins SL2010-24 r 32\nInterest after judgment\nsch 2, pt 2.2 hdg bracketed note om R29 LA\nam SL2014-34 r 18\nInterest up to judgment—Magistrates Court\nsch 2, table 2.2 am SL2010-24 r 33\nInterest up to judgment after 30 June 2010—Magistrates Court\nsch 2, r 2.2 ins SL2010-24 r 34\nInterest after judgment—Supreme Court\nsch 2, table 2.3 am SL2010-24 r 35\nInterest on judgment after 30 June 2010—Supreme Court\nsch 2, r 2.3 ins SL2010-24 r 36\nInterest after judgment—Magistrates Court\nsch 2, table 2.4 am SL2010-24 r 37\nInterest on judgment after 30 June 2010—Magistrates Court\nsch 2, r 2.4 ins SL2010-24 r 38\nsch 3 hdg sub SL2008-50 r 10; SL2011-34 r 30; SL2013-18 r 32;\nSL2014-34 r 19; SL2017-17 r 33; SL2019-11 r 15\nClaim for debt or liquidated demand\nsch 3, pt 3.1 sub SL2008-50 r 10\nam SL2011-17 r 43; table items renum R26 LA\nDefault judgment\nsch 3, pt 3.2 sub SL2008-50 r 10\nam SL2011-17 r 44; table items renum R26 LA\nCompany winding-up\nsch 3, pt 3.3 ins SL2008-50 r 10\n\nEnforcement orders\nsch 3, pt 3.4 ins SL2011-34 r 3\nsub SL2013-18 r 32; SL2014-34 r 19; SL2017-17 r 33;\nSL2019-11 r 15\nCertificate of registration\nsch 3, pt 3.5 ins SL2011-34 r 30\nsub SL2013-18 r 32; SL2014-34 r 19; SL2017-17 r 33;\nSL2019-11 r 15\nCosts—general care and conduct\nsch 4, r 4.1 hdg bracketed note om R29 LA\nCosts—registrar’s discretion\nsch 4, r 4.2 hdg bracketed note om R29 LA\nCosts—allowance on affidavits to include attendances\nsch 4, r 4.4 hdg bracketed note om R29 LA\nCosts—affidavit made by 2 or more people etc\nsch 4, r 4.5 hdg bracketed note om R29 LA\nCosts—documents to be served together\nsch 4, r 4.6 hdg bracketed note om R29 LA\nCosts—agency correspondence\nsch 4, r 4.7 hdg bracketed note om R29 LA\nCosts—attendance to instruct counsel\nsch 4, r 4.8 hdg bracketed note om R29 LA\nCosts—parties with same solicitor\nsch 4, r 4.9 hdg bracketed note om R29 LA\nCosts—counsel drawing and settling documents\nsch 4, r 4.10 hdg bracketed note om R29 LA\nCosts—premature brief\nsch 4, r 4.11 hdg bracketed note om R29 LA\nCosts—transitional\nsch 4, r 4.12 hdg bracketed note om R29 LA\nsch 4, r 4.12 sub SL2006-58 amdt 1.45; SL2008-44 r 9; SL2013-18 r 33;\nSL2014-34 r 20; SL2017-17 r 34; SL2019-11 r 16;\nSL2020-20 r 5; SL2022-19 r 8\nCosts—transitional\nsch 4, r 4.13 ins SL2013-18 r 33\nom SL2014-34 r 20\n\nScale of costs—items\nsch 4, pt 4.2 sub SL2006-58 amdt 1.46; SL2008-44 r 10; SL2011-17 r 45\nSL2013-18 r 34; SL2014-34 r 21; SL2017-17 r 35; SL2019-11\nr 17\nam SL2020-20 r 6, r 7; items renum R58 LA; SL2020-45 r 15\nsub SL2022-19 r 9; SL2025-10 r 14\nsch 5, pt 5.1 am SL2006-58 amdt 1.47; SL2007-16 r 29; items renum R7\nLA; SL2011-17 r 46; items renum R26 LA; SL2012-24 r 22;\nitems renum R32 LA; SL2011-33 r 16, r 17; items renum R35\nLA; SL2014-34 r 22; items renum R39 LA; SL2015-22 r 49,\nr 50, r 61; SL2016-31 r 7; SL2020-45 r 16; items renum R60\nLA; SL2024-9 r 31, r 32; items renum R67 LA; SL2025-10 r\n15, r 16; items renum R70 LA\nsch 5, pt 5.2 am SL2007-16 r 30, r 31; items renum R7 LA; SL2007-37 r 10;\nitems renum R9 LA; SL2008-25 rr 20-28; items renum\nR10 LA\nsch 5, pt 5.4 ins SL2007-16 r 32\nitems renum R7 LA\nam SL2012-24 r 23; items renum R32 LA; SL2011-33 r 18;\nitems renum R35 LA; SL2014-34 r 23; items renum R39 LA;\nSL2015-12 r 9; items renum R40 LA; SL2015-22 r 51;\nSL2016-31 r 8; SL2024-37 r 14; items renum R69 LA\nApplication of sch 6 and provisions of these rules\nsch 6, r 1.3 am SL2008-50 r 11\nTerms used in Corporations Act\nsch 6, r 1.4 am SL2007-37 r 11; SL2008-25 r 29; SL2012-43 r 48\nDefinitions—sch 6\nsch 6, r 1.5 def commission om SL2008-25 r 30\ndef Cross-Border Insolvency Act ins SL2008-50 r 12\ndef defendant sub SL2008-50 r 13\ndef Model Law ins SL2008-50 r 14\ndef plaintiff sub SL2008-50 r 15\nOriginating process and interlocutory process\nsch 6, r 2.2 am SL2007-16 r 33\nSupporting affidavits\nsch 6, r 2.4 am SL2008-25 r 57\n\nApplication for order setting aside statutory demand (Corporations Act,\ns 459G)\nsch 6, r 2.4A am SL2008-25 r 57\nService of originating process or interlocutory process and supporting\naffidavit\nsch 6, r 2.7 am SL2007-16 r 34\nNotice of certain applications to be given to ASIC\nsch 6, r 2.8 hdg sub SL2008-25 r 31\nsch 6, r 2.8 am SL2008-25 r 32, r 57\nIntervention in proceeding by ASIC (Corporations Act, s 1330)\nsch 6, r 2.10 hdg sub SL2008-25 r 33\nsch 6, r 2.10 am SL2008-25 r 57\nPublication of notices\nsch 6, r 2.11 om SL2012-43 r 49\nMeetings ordered by the court\nsch 6, r 2.15 am SL2008-25 r 34\nNotice of hearing (Corporations Act, s 411 (4) and s 413 (1))\nsch 6, r 3.4 am SL2012-43 r 50; SL2017-17 r 36\nCopy of order approving compromise or arrangement to be lodged with ASIC\nsch 6, r 3.5 hdg sub SL2008-25 r 35\nsch 6, r 3.5 am SL2008-25 r 57\nNotice of application for winding-up\nsch 6, r 5.6 am SL2012-43 r 51; SL2017-17 r 37\nOrder substituting plaintiff in application for winding-up (Corporations Act,\ns 465B)\nsch 6, r 5.10 am SL2012-43 r 52; SL2017-17 r 38\nNotice of winding-up order and appointment of liquidator\nsch 6, r 5.11 am SL2012-43 r 53; SL2017-17 r 39\nNotice of appointment of provisional liquidator\nsch 6, r 6.2 am SL2008-25 r 57; SL2012-43 r 54; SL2017-17 r 40\nResignation of liquidator (Corporations Act, s 473 (1))\nsch 6, r 7.1 am SL2008-25 r 57\nFilling vacancy in office of liquidator (Corporations Act, s 473 (7), s 502)\nsch 6, r 7.2 am SL2008-25 r 57\nRelease of liquidator and deregistration of company (Corporations Act,\ns 480 (c) and (d))\nsch 6, r 7.5 am SL2008-25 r 57\nReport on accounts of liquidator (Corporations Act, s 481)\nsch 6, r 7.7 am SL2008-25 r 57\n\nDistribution of surplus by liquidator with special leave of the court\n(Corporations Act, s 488 (2))\nsch 6, r 7.9 am SL2012-43 r 55; SL2017-17 r 41, r 42\nInquiry into conduct of liquidator (Corporations Act, s 536 (1) and (2))\nsch 6, r 7.11 am SL2008-25 r 57\nRemuneration of receiver (Corporations Act, s 425 (1))\nsch 6, r 9.1 am SL2008-25 r 36, r 37\nDetermination by court of remuneration of administrator (Corporations Act,\ns 449E (1) (c) and (1A) (c))\nsch 6, r 9.2 sub SL2008-25 r 38\nReview of remuneration of administrator (Corporations Act, s 449E (2))\nsch 6, r 9.2A ins SL2008-25 r 38\nRemuneration of provisional liquidator (Corporations Act, s 473 (2))\nsch 6, r 9.3 am SL2008-25 rr 39-42\nDetermination by court of liquidator’s remuneration (Corporations Act,\ns 473 (3) (b) (ii))\nsch 6, r 9.4 hdg sub SL2008-25 r 43\nsch 6, r 9.4 am SL2008-25 rr 44-49\nReview of remuneration of liquidator (Corporations Act, s 473 (5) and (6) and\ns 504 (1))\nsch 6, r 9.4A ins SL2008-25 r 50\nRemuneration of special manager (Corporations Act, s 484 (2))\nsch 6, r 9.5 am SL2008-25 rr 51-53\nApplication for examination or investigation under Corporations Act,\ns 411 (9) (b), s 423 or s 536 (3)\nsch 6, r 11.2 am SL2008-25 r 57\nApplication for examination summons (Corporations Act, s 596A, s 596B)\nsch 6, r 11.3 am SL2008-25 r 57\nDischarge of examination summons\nsch 6, r 11.5 am SL2008-25 r 57\nInspection of record or transcript of examination or investigation under\nCorporations Act, s 411, s 423 or s 536\nsch 6, r 11.8 am SL2008-25 r 57\nService of application for order in relation to breaches etc by person\nconcerned with corporation (Corporations Act, s 598)\nsch 6, r 11.11 am SL2008-25 r 57\nWarrants (Corporations Act, s 486B and pt 5.4B, div 3, subdiv B)\nsch 6, pt 6.11A hdg ins SL2008-25 r 54\n\nArrest of person (Corporations Act, s 486B)\nsch 6, r 11A.1 ins SL2008-25 r 54\nService on ASIC in relation to proceedings under Corporations Act, ch 6, 6A,\n6B, 6C, 6D or 7\nsch 6, r 12.1 hdg sub SL2008-25 r 55\nsch 6, r 12.1 am SL2008-25 r 57\nReference to court of question of law arising in proceeding before Takeovers\nPanel (Corporations Act, s 659A)\nsch 6, r 12.1A am SL2012-43 r 56\nNotification to court if proceeding started before end of takeover bid period\n(Corporations Act, s 659B)\nsch 6, r 12.1B ins SL2007-16 r 35\nReference to court of question of law arising at hearing of ASIC (ASIC Act,\ns 61)\nsch 6, r 15.1 hdg sub SL2008-25 r 56\nsch 6, r 15.1 am SL2008-25 r 57; SL2012-43 r 57\nProceedings under the Cross-Border Insolvency Act\nsch 6, pt 6.15A hdg ins SL2008-50 r 16\nIntroduction\ndiv 6.15A.1 hdg ins SL2017-17 r 43\nApplication—pt 6.15A and other rules\nsch 6, r 15A.1 ins SL2008-50 r 16\nTerms used in Cross-Border Insolvency Act\nsch 6, r 15A.2 ins SL2008-50 r 16\nam SL2017-17 r 44, r 45\nRecognition of a foreign proceeding\ndiv 6.15A.2 hdg ins SL2017-17 r 46\nApplication for recognition\nsch 6, r 15A.3 ins SL2008-50 r 16\nApplication for provisional relief under Model Law, art 19\nsch 6, r 15A.4 ins SL2008-50 r 16\nLiquidator’s consent to act\nsch 6 r 15A.5 hdg sub SL2017-17 r 47\nsch 6, r 15A.5 ins SL2008-50 r 16\nsub SL2010-24 r 39\nam SL2017-17 r 48\nNotice of filing application for recognition\nsch 6, r 15A.6 ins SL2008-50 r 16\nam SL2012-43 r 58, r 59\n\nNotice of order for recognition, withdrawal etc\nsch 6, r 15A.7 ins SL2008-50 r 16\nam SL2012-43 rr 60-63\nRelief after recognition\nsch 6, r 15A.8 ins SL2008-50 r 16\nApplication to modify or terminate order for recognition or other relief\nsch 6, r 15A.9 ins SL2008-50 r 16\nam SL2012-43 r 64, r 65\nCooperation with foreign courts and representatives\ndiv 6.15A.3 hdg ins SL2017-17 r 49\nCooperation involving court to be under coordination agreement\nr 15A.10 ins SL2017-17 r 49\nApplication for approval of coordination agreement\nr 15A.11 ins SL2017-17 r 49\nAppointment of independent intermediary\nr 15A.12 ins SL2017-17 r 49\nConcurrent proceedings\ndiv 6.15A.4 hdg ins SL2017-17 r 49\nStarting proceeding after recognition of a foreign main proceeding\nr 15A.13 ins SL2017-17 r 49\nGeneral\ndiv 6.15A.5 hdg ins SL2017-17 r 49\nProof of orders or documents of foreign courts\nr 15A.14 ins SL2017-17 r 49\nService in accordance with service list\nr 15A.15 ins SL2017-17 r 49\nsch 6, pt 6.16\nsch 6, pt 6.16 hdg note sub SL2015-22 r 52\nam SL2024-9 r 33\nTransitional—modification of rules for Magistrates Court\nsch 7 exp 1 January 2007 (r 7010 (4))\ndict am SL2009-32 r 15, r 16; A2009-49 amdt 3.34; SL2011-17\nr 47; SL2023-36 r 75\ndef accompanying affidavit om SL2012-24 r 24\ndef accused person am SL2024-9 r 34; pars renum R67 LA\ndef additional authority ins SL2009-32 r 17\ndef address for service sub SL2018-25 r 28\nam SL2023-36 r 76\n\ndef APLEC ins SL2014-9 r 12\ndef appeal am SL2015-22 r 53\ndef applicant sub SL2009-32 r 18\nam SL2015-22 r 54; pars renum R41 LA\ndef application for a costs assessment ins SL2011-17 r 48\ndef appointed expert om SL2012-24 r 24\ndef approved academic institution ins SL2014-9 r 12\ndef approved course of study ins SL2014-9 r 12\ndef approved PLT course ins SL2014-9 r 12\ndef approved PLT provider ins SL2014-9 r 12\ndef approved subject ins SL2014-9 r 12\ndef arbitration ins SL2006-58 amdt 1.48\ndef Australia sub SL2017-17 r 50\ndef business sub SL2011-34 r 31\ndef business name sub SL2011-34 r 31\ndef carrying on ins SL2011-34 r 31\ndef carrying on business om SL2011-34 r 31\ndef case management meeting ins SL2006-58 amdt 1.48\nom SL2015-12 r 10\ndef case summary ins SL2016-33 r 35\ndef category A proceeding sub SL2012-43 r 66\ndef category B proceeding sub SL2012-43 r 66\ndef category C proceeding sub SL2012-43 r 66\ndef category D proceeding sub SL2012-43 r 66\ndef central authority ins SL2009-32 r 19\ndef certificate of service ins SL2009-32 r 19\ndef certifying authority ins SL2009-32 r 19\ndef chief executive om SL2011-17 r 49\ndef civil proceeding sub SL2012-43 r 67\ndef claim ins SL2006-58 amdt 1.48\ndef code of conduct am SL2012-24 r 25\ndef commission om R10 LA\ndef Commonwealth Evidence Act om SL2011-34 r 32\ndef conciliation ins SL2006-58 amdt 1.48\nom SL2015-12 r 10\ndef conciliator ins SL2015-12 r 11\ndef concurrent proceedings ins SL2017-17 r 51\ndef conference ins SL2006-58 amdt 1.48\nom SL2011-17 r 50\ndef contractor ins SL2006-58 amdt 1.48\n\ndef convention om SL2017-17 r 52\ndef convention country om SL2017-17 r 52\ndef coordination agreement ins SL2017-17 r 53\ndef court sub SL2006-58 amdt 1.49\nam SL2011-17 r 51; pars renum R26 LA\ndef criminal appellate proceeding ins SL2025-10 r 17\ndef criminal proceeding sub SL2006-58 amdt 1.49\nam SL2024-9 r 35\ndef Cross-Border Insolvency Act ins SL2008-50 s 17\ndef CYP director-general ins SL2011-17 r 52\ndef decision am SL2015-22 r 56\ndef defendant sub SL2006-58 amdt 1.49; SL2009-32 r 20\nam SL2024-9 r 36; pars renum R67 LA\ndef dispute resolution conference ins SL2015-12 r 11\ndef docket ins SL2012-43 r 68\nom SL2024-9 r 37\ndef electronic communication om SL2018-25 r 29\ndef electronic lodgment facility ins SL2023-36 r 77\ndef enforcement hearing subpoena sub SL2006-58\namdt 1.49\nam R22 LA\ndef enforcement hearing warrant sub SL2006-58 amdt 1.49\nam R22 LA\ndef Evidence Act ins SL2011-34 r 33\ndef expert sub SL2012-24 r 26\ndef expert medical evidence om SL2012-24 r 27\ndef expert report am SL2012-24 r 28\ndef expert witness am SL2012-24 r 29\ndef family violence proceeding ins SL2017-10 r 18\ndef filed am SL2017-17 r 54\nsub SL2018-25 r 30\ndef filed electronically ins SL2018-25 r 31\nam SL2023-36 r 78\ndef fine ins SL2006-58 amdt 1.50\ndef fine defaulter ins SL2006-58 amdt 1.50\ndef foreign judicial document ins SL2009-32 r 21\ndef foreign party participation ins SL2017-17 r 55\ndef forensic proceeding ins SL2012-43 r 68\ndef forwarding authority ins SL2009-32 r 21\ndef Global Guidelines ins SL2017-17 r 55\ndef Global Principles ins SL2017-17 r 55\ndef Hague Convention ins SL2009-32 r 21\ndef Hague Convention country ins SL2009-32 r 21\ndef head of jurisdiction sub SL2015-22 r 57\n\ndef initiating process ins SL2009-32 r 21\ndef injury notice ins SL2006-58 amdt 1.50\ndef judgment in favour of the defendant ins SL2014-34 r 24\ndef LACC ins SL2014-9 r 12\ndef listing hearing ins SL2015-22 r 58\ndef local judicial document ins SL2009-32 r 21\ndef local proceeding ins SL2017-17 r 55\ndef Magistrates Court Act ins SL2006-58 amdt 1.50\nom SL2011-17 r 53\ndef Model Law ins SL2008-50 s 17\ndef nominated time om SL2015-22 r 59\ndef non-convention country om SL2017-17 r 56\ndef offer ins SL2014-34 r 24\ndef order sub SL2006-58 amdt 1.51\nam SL2011-17 r 54; pars renum R26 LA\ndef originating process sub SL2006-58 amdt 1.51\ndef outstanding fine ins SL2006-58 amdt 1.52\ndef period of acceptance ins SL2014-34 r 24\ndef personal violence proceeding ins SL2017-10 r 18\ndef plaintiff sub SL2006-58 amdt 1.53\ndef pleading sub SL2006-58 amdt 1.53\ndef practice direction ins SL2016-33 r 35\ndef prescribed offender ins SL2013-18 r 35\ndef prescribed scale of costs sub SL2006-58 amdt 1.53\ndef principal ins SL2006-58 amdt 1.54\ndef registered email address ins SL2018-25 r 31\ndef registered user ins SL2018-25 r 31\ndef registrar sub SL2006-58 amdt 1.55; SL2009-32 r 22\ndef relevant party ins SL2025-10 r 17\ndef representative ins SL2006-58 amdt 1.56\ndef request for service abroad ins SL2009-32 r 23\ndef request for service in the ACT ins SL2009-32 r 23\ndef respondent am SL2015-22 r 60; pars renum R41 LA\ndef restoration order ins SL2006-58 amdt 1.56\nom SL2011-17 r 55\ndef serious offender ins SL2013-18 r 35\ndef service list ins SL2017-17 r 57\ndef supporting material, for part 5.4 ins SL2016-33 r 35\ndef the Act ins SL2012-43 r 68\ndef the Crimes Act ins SL2013-18 r 35\ndef third-party respondent ins SL2006-58 amdt 1.56\ndef Trans-Tasman Proceedings Act ins SL2011-33 r 19\ndef Workers Compensation Act ins SL2006-58 amdt 1.56\ndef Wrongs Act om SL2012-24 r 30\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 July 2006–\n14 Aug 2006\nnot amended new rules\n15 Aug 2006\n15 Aug 2006–\n11 Sept 2006\nSL2006-43 amendments by\nSL2006-43\n12 Sept 2006\n12 Sept 2006–\n31 Dec 2006\nSL2006-43 editorial\namendments under\nLegislation Act to\nupdate approved\nform notes\n1 Jan 2007\n1 Jan 2007–\n1 Jan 2007\nSL2006-58 amendments by\nSL2006-58\nR5*\n2 Jan 2007\n2 Jan 2007—\n11 Apr 2007\nSL2006-58 commenced expiry\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n1 July 2007–\n30 Sept 2007\nSL2007-16 amendments by\nSL2007-16\n1 Oct 2007\n1 Oct 2007–\n31 Dec 2007\nA2007-28 amendments by\nA2007-28\n1 Jan 2008\n1 Jan 2008–\nSL2007-37 amendments by\nSL2007-37\n1 July 2008–\nSL2008-25 amendments by\nSL2008-25\n29 July 2008–\n30 Sept 2008\nA2008-20 amendments by\nSL2008-25\n\nfor\n1 Oct 2008\n1 Oct 2008–\n26 Oct 2008\nSL2008-44 amendments by\nSL2008-44\n27 Oct 2008\n27 Oct 2008–\n31 Dec 2008\nSL2008-44 amendments by\nA2008-20\n1 Jan 2009\n1 Jan 2009–\n26 Feb 2009\nSL2008-50 amendments by\nSL2008-50\n27 Feb 2009\n27 Feb 2009–\n29 Mar 2009\nSL2008-50 amendments by\nA2008-20\n30 Mar 2009\n30 Mar 2009–\nSL2009-11 amendments by\nSL2009-11\n30 May 2009–\nSL2009-11 amendments by\nSL2008-50\n1 July 2009–\nSL2009-32 amendments by\nSL2009-32\nR19*\n2 July 2009–\n16 Dec 2009\nSL2009-32 commenced expiry\n17 Dec 2009\n17 Dec 2009–\n31 Dec 2009\nA2009-49 amendments by\nA2009-49\n1 Jan 2010\n1 Jan 2010–\nSL2009-56 amendments by\nSL2009-56\n1 July 2010–\n15 Aug 2010\nA2010-21 amendments by\nSL2010-24 and\nA2010-21\n16 Aug 2010\n16 Aug 2010–\n31 Dec 2010\nSL2010-24 amendments by\nA2010-2\n1 Jan 2011\n1 Jan 2011–\n28 Feb 2011\nSL2010-51 amendments by\nSL2010-51\n1 Mar 2011\n1 Mar 2011–\nSL2011-6 amendments by\nSL2011-6\n1 July 2011–\nSL2011-17 amendments by\nSL2011-17\nR27*\n7 July 2011–\n20 Sept 2011\nA2011-20 amendments by\nA2011-20\n\nfor\n21 Sept 2011\n21 Sept 2011–\n31 Dec 2011\nA2011-20 amendments by\nSL2011-17\n1 Jan 2012\n1 Jan 2012-\n29 Feb 2012\n1 Mar 2012\n1 Mar 2012–\n28 May 2012–\n1 July 2012–\n31 Dec 2012\nSL2012-24 amendments by\nSL2012-24\nR33*\n1 Jan 2013\n1 Jan 2013–\nSL2012-43 amendments by\nSL2012-43\n1 July 2013–\n10 Oct 2013\nSL2013-18 amendments by\nSL2013-18\n18 Dec 2013\n11 Oct 2013–\n31 Dec 2013\nSL2013-18 amendments by\nSL2011-33\nR36*\n1 Jan 2014\n1 Jan 2014–\n14 Mar 2014\nSL2013-32 amendments by\nSL2013-32\n15 Mar 2014\n15 Mar 2014–\nSL2014-4 amendments by\nSL2014-4\n1 July 2014–\n31 Dec 2014\nSL2014-9 amendments by\nSL2014-9\n1 Jan 2015\n1 Jan 2015–\n28 Apr 2015\nSL2014-34 amendments by\nSL2014-34\n29 Apr 2015\n29 Apr 2015–\nSL2015-12 amendments by\nSL2015-12\n1 July 2015–\n9 Dec 2015\nSL2015-22 amendments by\nSL2015-22\n10 Dec 2015\n10 Dec 2015–\n31 Dec 2015\nA2015-52 amendments by\nA2015-52\n1 Jan 2016\n1 Jan 2016–\n6 Apr 2016\nSL2015-42\n\nfor\n7 Apr 2016\n7 Apr 2016–\nSL2015-42\n4 May 2016–\nA2015-40\n1 July 2016–\n3 Nov 2016\nSL2016-17 amendments by\nSL2016-17\n4 Nov 2016\n4 Nov 2016–\n31 Dec 2016\nSL2016-31 amendments by\nSL2016-31\n1 Jan 2017\n1 Jan 2017–\n30 Apr 2017\nSL2016-33 amendments by\nSL2016-33\n1 May 2017–\nSL2017-10 amendments by\nSL2017-9 and\nSL2017-10\n8 July 2017–\n31 Dec 2017\nSL2017-17 amendments by\nSL2017-17\n1 Jan 2018\n1 Jan 2018–\n31 Dec 2018\nSL2017-40 amendments by\nSL2017-40\n1 Jan 2019\n1 Jan 2019–\nSL2018-25 amendments by\nSL2018-25\n1 July 2019–\n23 Sept 2019\nSL2019-11 amendments by\nSL2019-11\n24 Sept 2019\n24 Sept 2019–\n31 Dec 2019\nSL2019-25 amendments by\nSL2019-25\n1 Jan 2020\n1 Jan 2020–\n8 Mar 2020\nSL2019-30 amendments by\nSL2019-30\n9 Mar 2020\n9 Mar 2020–\n20 Mar 2020\nSL2020-6 amendments by\nSL2020-6\n21 Mar 2020\n21 Mar 2020–\nSL2020-9 amendments by\nSL2020-9\n1 July 2020–\n31 Aug 2020\nSL2020-20 amendments by\nSL2020-20\n1 Sept 2020\n1 Sept 2020–\n31 Dec 2020\nSL2020-34 amendments by\nSL2020-34\n\nfor\n1 Jan 2021\n1 Jan 2021–\nSL2020-45 amendments by\nSL2020-45\n1 July 2021–\n28 Feb 2022\nSL2021-15 amendments by\nSL2021-15\n1 Mar 2022\n1 Mar 2022–\nSL2022-2 amendments by\nSL2022-2\n10 May 2022–\n31 Dec 2022\nSL2022-6 amendments by\nSL2022-6\n1 Jan 2023\n1 Jan 2023–\nSL2022-19 amendments by\nSL2022-19\n1 July 2023–\n31 Dec 2023\nSL2023-15 amendments by\nSL2023-15\n1 Jan 2024\n1 Jan 2024–\nSL2023-36 amendments by\nSL2023-36\n1 July 2024–\n30 Sept 2024\nSL2024-9 amendments by\nSL2024-9\n1 Oct 2024\n1 Oct 2024–\n31 Dec 2024\nSL2024-9 amendments by\nSL2024-9\n1 Jan 2025\n1 Jan 2025–\nSL2024-37 amendments by\nSL2024-37\n1 July 2025–\nSL2025-10 amendments by\nSL2025-10","sortOrder":1579}],"analysis":{"summary":{"name":"Court Procedures Rules 2006 (ACT)","slug":"court-procedures-rules","title_id":"sl-2006-29","version_id":173233,"analysis_type":"summary","content_quality":"high","complexity_score":5,"scope_assessment":{"changed":false,"description":"Republication R71 effective 2 July 2025; last amendment SL2025-10. The rules continue to apply to all civil, criminal, and appellate proceedings in the ACT Supreme Court and Magistrates Court, with disapplication for family and personal violence proceedings (r 3802) and workers compensation proceedings (r 3903)."},"complexity_factors":["Very large instrument: over 2.3 million characters across seven chapters and six schedules.","Covers civil, criminal, appellate, and forensic procedure in two courts.","Heavy cross-referencing with the Court Procedures Act 2004, Legislation Act 2001, Magistrates Court Act 1930, Corporations Act, and ASIC Act.","Schedule 6 incorporates the Corporations Rules as a near-self-contained code.","Rule 6 dispensing power makes practice highly fact and judge driven.","Different timing, costs, and enforcement regimes apply in the Supreme Court versus the Magistrates Court."],"plain_english_summary":"The Court Procedures Rules 2006 are the working rulebook for civil, criminal, and appellate matters in the ACT Supreme Court and Magistrates Court. They are made under the Court Procedures Act 2004 and run to seven chapters and six schedules. Chapter 1 sets the basics: who the rules apply to, what the words 'court', 'judicial officer', 'registrar', and 'registry' mean, and rule 6 which lets a judge dispense with any provision before or after it bites, on conditions.\n\nChapter 2 governs civil proceedings end to end. It tells you when to use an originating claim versus an originating application, how to bring third-party and representative proceedings, how to plead and amend, when discovery and expert evidence are available, how to make and accept offers of compromise, and how the court runs trials and assesses damages. Part 2.17 deals with costs and Part 2.18 sets out enforcement: enforcement hearings, instalment orders, seizure and sale, debt redirections, and earnings redirection orders.\n\nChapter 3 carves out particular civil proceedings, including probate and administration, adoption, commercial arbitration, Corporations Act and ASIC Act proceedings, cross-vesting, electoral matters, foreign and interstate confiscation orders, foreign judgments, habeas corpus, judicial review, legal profession admission, and proceedings under family violence, personal violence, and workers compensation regimes (the last two largely sit outside chapter 2).\n\nChapter 4 covers criminal proceedings in both courts, including bail and pre-trial procedure in the Supreme Court and forensic proceedings. Chapter 5 covers appeals: from registrars, to the Supreme Court, to the Court of Appeal, orders to review Magistrates Court decisions, reference appeals, special cases, and written cases. Chapter 6 contains rules that apply to every proceeding: applications in proceedings, documents, receivers, registrar jurisdiction, registry mechanics, time, service, subpoenas, evidence, and Corporations and ASIC Act adjuncts. Chapter 7 holds transitional provisions for the Supreme and Magistrates Courts. The schedules carry the expert witness code of conduct, prejudgment interest tables, scale of costs, registrar jurisdiction, and the Corporations Rules."},"kimi_summary":{"_metrics":{"completionTokens":807},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive procedural code for ACT courts. The 2025 republication (No. 71) specifically notes it is 'for expiry of transitional provisions (pt 7.3)', indicating the rules have reached mature operation rather than expanded scope. No material expansion beyond the original civil, criminal, and appellate procedure framework is evident."},"complexity_factors":["Extensive cross-referencing between chapters, parts, divisions and rules (e.g., r 1117 references r 102, r 111, r 6351, and multiple sub-rules)","Nested conditional logic with multiple exceptions (e.g., r 1723 has 5-tiered cost percentage structure based on claim amounts)","47+ defined terms in dictionary plus numerous signpost definitions throughout","Multiple overlapping jurisdictions (Supreme Court vs Magistrates Court) with different thresholds and procedures","Conditional time limits with exceptions (e.g., r 102 has 28-day default plus extensions, conditional notices, and summary judgment interruptions)","Extensive schedules (6 schedules including expert witness code, interest rates, costs scales, corporations rules)","Self-modifying provisions (e.g., r 4(2) table with delayed application provisions subject to expiry)","Cross-vesting and interaction with Commonwealth legislation (Corporations Act, ASIC Act, Cross-Border Insolvency Act)","Detailed procedural requirements for specialised proceedings (probate, adoption, workers compensation, electoral matters)","Complex costs assessment framework with party/party vs solicitor/client bases, GST adjustments, and multiple percentage tiers"],"plain_english_summary":"**What this legislation does:**\n\nThe **Court Procedures Rules 2006** are the comprehensive \"rulebook\" for how civil and criminal cases are conducted in the ACT's Supreme Court and Magistrates Court. Think of them as the instruction manual for the court system.\n\n**Key areas covered:**\n\n- **Starting a case** — rules for filing claims, who can sue, how to serve documents on defendants, and time limits\n- **Pleadings** — how parties formally state their case, including requirements for personal injury claims and debt recovery\n- **Evidence and disclosure** — rules for exchanging documents, expert witness reports, and interrogatories (formal questions)\n- **Pre-trial procedures** — directions hearings, mediation, case management, and settlement offers\n- **Trials and judgments** — how trials are conducted, default judgments when defendants don't respond, and how damages are assessed\n- **Costs** — detailed rules about who pays legal fees, including fixed costs scales and cost-shifting when settlement offers are rejected\n- **Enforcement** — how to enforce court orders, including seizure of property, freezing orders, and debt redirection\n- **Appeals** — procedures for appealing to higher courts\n\n**Who it affects:**\n\nAnyone involved in litigation in ACT courts — plaintiffs, defendants, lawyers, self-represented litigants, corporations, and government bodies. The rules also cover specialised proceedings like probate, adoption, workers compensation, and corporations matters.\n\n**Why it matters:**\n\nThese rules ensure fairness, efficiency, and consistency in court proceedings. They protect parties' rights while preventing abuse of process. The rules are particularly important for:\n- **Self-represented litigants** — providing clear procedural requirements\n- **Cost management** — through detailed scales and offer-of-compromise provisions that penalise unreasonable rejection of settlements\n- **Access to justice** — through simplified procedures for smaller claims and mechanisms for early resolution\n\nThe 2025 republication (No. 71) notably includes the expiry of transitional provisions, indicating the rules have now fully bedded down after their 2006 introduction."}},"importantCases":[],"_links":{"self":"/api/acts/court-procedures-rules","history":"/api/acts/court-procedures-rules/history","analysis":"/api/acts/court-procedures-rules/analysis","conflicts":"/api/acts/court-procedures-rules/conflicts","importantCases":"/api/acts/court-procedures-rules/important-cases","documents":"/api/acts/court-procedures-rules/documents"}}