{"id":"local-court-civil-jurisdiction-rules-1998","name":"LOCAL COURT (CIVIL JURISDICTION) RULES 1998","slug":"local-court-civil-jurisdiction-rules-1998","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176953,"registerId":"nt-local-court-civil-jurisdiction-rules-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 1","sectionType":"division","heading":"Citation and Commencement","content":"Division 1 Citation and Commencement\n1.01 Citation ............................................................................................ 1\n1.02 Commencement .............................................................................. 1\n","sortOrder":0},{"sectionNumber":"Div 2","sectionType":"division","heading":"Application of Rules","content":"Division 2 Application of Rules\n1.03 Application to civil proceedings........................................................ 1\n1.09 Definitions ........................................................................................ 1\n1.11 Exercise of power ............................................................................ 3\n1.12 Procedure wanting or in doubt ......................................................... 3\n1.13 Act by corporation............................................................................ 4\n1.14 Power to act by legal practitioner, &c. ............................................. 4\n1.15 Appearance by party ....................................................................... 4\n2.01 Effect of non-compliance ................................................................. 5\n2.02 Proceedings commenced by wrong process ................................... 5\n2.03 Application to set aside .................................................................... 5\n2.04 Dispensing with compliance ............................................................ 5\n3.01 Calculating time ............................................................................... 6\n3.02 Time for service ............................................................................... 6\n3.03 Extending or reducing time .............................................................. 6\n3.04 Fixing time ....................................................................................... 6\n\nLocal Court (Civil Jurisdiction) Rules 1998 ii\n3.05 Content and form ............................................................................. 7\n3.06 Registrar may return document ....................................................... 7\n3.07 Prescribed forms ............................................................................. 8\n3.08 General power of amendment ......................................................... 8\n3.09 How document is filed ..................................................................... 8\n3.10 Filing documents by electronic transmission ................................... 9\n5.01 Proper venue ................................................................................... 9\n5.02 Objection to venue......................................................................... 10\n5.03 Transfer of proceedings ................................................................. 10\n5.04 Transfer from Supreme Court ........................................................ 10\nDivision 2 Commencement of proceedings and making\napplication\n5.05 Names of parties ........................................................................... 11\n5.06 How proceedings commenced ...................................................... 11\n5.07 Interlocutory or other application ................................................... 11\n5.08 Urgent case ................................................................................... 12\n5.09 Form and content .......................................................................... 12\n5.10 Matter to be pleaded ...................................................................... 13\n5.11 Subsequent pleading ..................................................................... 13\n5.12 Inconsistent pleading ..................................................................... 13\n5.13 Particulars of pleading ................................................................... 13\n5.14 Denial and pleading different facts ................................................ 13\n5.15 Amendments and orders as to form, filing and service .................. 14\n5.16 Failure to plead matter or particulars ............................................. 14\n5.17 Filing pleadings.............................................................................. 14\n5.18 Discontinuance or withdrawal ........................................................ 14\n6.01 Documents to be served ................................................................ 15\n6.02 When personal service necessary ................................................. 15\n6.03 How personal service effected....................................................... 15\n6.04 Personal service on particular party .............................................. 15\n6.05 Personal service on firm or company ............................................ 16\n\nLocal Court (Civil Jurisdiction) Rules 1998 iii\n6.06 Address for service ........................................................................ 17\n6.07 How ordinary service effected ....................................................... 17\n6.08 Identity of person served ............................................................... 18\n6.09 Acceptance of service by legal practitioner.................................... 18\n6.10 Substituted service ........................................................................ 19\n6.11 Confirmation of informal service .................................................... 19\n6.12 Service on agent............................................................................ 20\n6.13 Service under agreement .............................................................. 20\n6.14 Recovery of vacant land ................................................................ 20\n6.15 No service Christmas Day or Good Friday .................................... 21\n6.16 Affidavit or declaration of service ................................................... 21\n7.01 Filing statement of claim ................................................................ 21\n7.02 Form and content .......................................................................... 22\n7.03 Costs to be specified ..................................................................... 23\n7.04 Claim not to be divided .................................................................. 23\n7.05 Service........................................................................................... 24\n7.06 Time for service ............................................................................. 24\n7.07 Commencing proceedings by originating application..................... 24\n7.08 Form of originating application between parties ............................ 25\n7.09 Service of originating application between parties ......................... 26\n7.10 Time for service of originating application between parties ........... 26\n7.11 Filing and form of notice of intention to appear .............................. 26\n7.12 Conciliation conference ................................................................. 27\n7.13 Originating application if no respondent ........................................ 27\n7.14 Hearing of originating application in proceedings with no\nrespondent..................................................................................... 28\n7.15 Originating application between parties when early hearing\nrequired ......................................................................................... 28\n7.16 Application for personal violence restraining order ........................ 29\n8.01 Filing and service ........................................................................... 30\n8.02 Form and content .......................................................................... 30\n8.03 Specific defences .......................................................................... 31\n8.04 Money claim as defence ................................................................ 31\n8.05 Conditional defence ....................................................................... 31\n","sortOrder":1},{"sectionNumber":"Part 9","sectionType":"part","heading":"Counterclaim","content":"Part 9 Counterclaim\n9.01 Defendant may counterclaim ......................................................... 32\n\nLocal Court (Civil Jurisdiction) Rules 1998 iv\n9.02 Form of counterclaim ..................................................................... 32\n9.03 Hearing of counterclaim ................................................................. 32\n9.04 Counterclaim after judgment for plaintiff, &c. ................................. 32\n10.01 Notice requiring particulars ............................................................ 32\n10.02 Time for serving and filing notice ................................................... 33\n10.03 Particulars to be served and filed .................................................. 33\n10.04 Failure to give particulars............................................................... 33\n10.05 Particulars in counterclaim............................................................. 33\n11.01 When party may apply for order .................................................... 33\n11.02 Affidavit or declaration required ..................................................... 34\n11.03 Registrar may make order or refer to Judge .................................. 34\n11.04 Party may apply for re-hearing ...................................................... 35\n12.01 Joinder of claims............................................................................ 35\n12.02 Joinder of parties ........................................................................... 36\n12.03 Plaintiff suing for 2 or more persons .............................................. 36\n12.04 Orders where joinder prejudicial, &c. ............................................. 36\n12.05 Removal, addition or substitution of party ...................................... 37\n12.06 Procedure for addition of party ...................................................... 37\n12.07 Consolidation or hearing together.................................................. 38\n13.01 When defendant may join third party ............................................. 38\n13.02 Third party notice ........................................................................... 39\n13.03 Claim by defendant against another defendant ............................. 39\n13.04 Subsequent parties........................................................................ 40\n13.05 Plaintiff may join third party............................................................ 40\n13.06 Defence of third party .................................................................... 40\n13.07 Separate disposal or stay of third party proceedings ..................... 40\n13.08 Hearing .......................................................................................... 40\n13.09 Directions....................................................................................... 41\n13.10 Counterclaim ................................................................................. 41\n14.01 Definitions ...................................................................................... 41\n14.02 Purpose of Part.............................................................................. 42\n\nLocal Court (Civil Jurisdiction) Rules 1998 v\nDivision 2 Stakeholder's interpleader\n14.03 Stakeholder's application for interpleader order ............................ 42\n14.04 Notice of claim to bailiff .................................................................. 42\n14.05 Bailiff's application to stay or restrain proceedings ........................ 43\n14.06 Notice to execution creditor ........................................................... 43\n14.07 Consequences of admission of claim ............................................ 44\n14.08 Bailiff's application for interpleader order ....................................... 44\n14.09 Interpleader orders ........................................................................ 45\n14.10 Neutrality of applicant .................................................................... 45\n14.11 Order in several proceedings......................................................... 46\n14.12 Hearing of interpleader question.................................................... 46\n14.13 Default by claimant ........................................................................ 46\n14.14 Bailiff's costs when decision against claimant ............................... 47\n15.01 Definition........................................................................................ 47\n15.02 Litigation guardian ......................................................................... 47\n15.03 Person who may be litigation guardian .......................................... 48\n15.04 Consent of litigation guardian ........................................................ 48\n15.05 Appointment, &c., of litigation guardian by Court ........................... 48\n15.06 Pleading admissions by person under disability ............................ 49\n15.07 Litigation guardian liable for costs ................................................. 49\n15.08 Court to approve compromise, &c. ................................................ 49\n15.09 Order approving compromise, &c. ................................................. 50\n15.10 Money to be paid to Public Trustee ............................................... 50\n15.11 Counterclaim or claim by third party .............................................. 50\n15.12 Legal practitioner's lien .................................................................. 50\n16.01 Party to give discovery .................................................................. 50\n16.02 List of documents .......................................................................... 51\n16.03 Continuing discovery ..................................................................... 52\n16.04 Request for inspection ................................................................... 52\n16.05 Production ..................................................................................... 52\n16.06 Copies of documents ..................................................................... 53\n16.07 Audio and visual devices, &c. ........................................................ 54\n16.08 Failure to give discovery or allow inspection.................................. 54\n\nLocal Court (Civil Jurisdiction) Rules 1998 vi\n17.01 When interrogatories allowed ........................................................ 54\n17.02 Statement where multiple parties interrogated .............................. 55\n17.03 Form, serving and filing of answers ............................................... 55\n17.04 Answers to interrogatories ............................................................. 55\n17.05 Objections...................................................................................... 56\n17.06 Who to answer............................................................................... 57\n17.07 Failure to answer ........................................................................... 58\n17.08 Answers as evidence ..................................................................... 58\n","sortOrder":2},{"sectionNumber":"Part 18","sectionType":"part","heading":"Preliminary discovery and discovery from","content":"Part 18 Preliminary discovery and discovery from\nnon-party\n18.01 Definitions ...................................................................................... 58\n18.02 Privilege ......................................................................................... 59\n18.03 Ascertaining description of prospective defendant ........................ 59\n18.04 Party may ascertain description of non-party................................. 60\n18.05 Discovery from prospective defendant .......................................... 60\n18.06 Discovery from non-party relating to relief ..................................... 60\n18.07 Discovery from non-party relating to question ............................... 60\n18.08 Procedure ...................................................................................... 61\n18.09 Inspection of documents ................................................................ 61\n18.10 Costs ............................................................................................. 61\n19.01 Definition........................................................................................ 62\n19.02 Restrictive effect of admission ....................................................... 62\n19.03 Admission of debt .......................................................................... 62\n19.04 Voluntary admission of facts .......................................................... 62\n19.05 Notice to dispute facts ................................................................... 62\n19.06 Notice to dispute authenticity of documents .................................. 63\n19.07 Costs of proof ................................................................................ 63\n19.08 Judgment on admission ................................................................. 64\n20.01 Definitions ...................................................................................... 64\n20.02 Party may make offer .................................................................... 64\n20.03 Acceptance of offer........................................................................ 65\n20.04 Effect of offer ................................................................................. 65\n20.05 No disclosure of offer to Court ....................................................... 66\n20.06 Order in terms of accepted offer .................................................... 66\n\nLocal Court (Civil Jurisdiction) Rules 1998 vii\n20.07 Costs consequences of failure to accept ....................................... 66\n20.08 Multiple defendants ....................................................................... 67\n20.09 Offer to contribute .......................................................................... 68\n20.10 Interest on offer of compromise ..................................................... 68\n20.11 Where tender before action pleaded ............................................. 68\n20.12 Paying money into Court ............................................................... 68\n20.13 Notice of deposit ............................................................................ 68\n20.14 Withdrawal by defendant ............................................................... 69\n20.15 Acceptance by plaintiff ................................................................... 69\n20.16 Effect of acceptance ...................................................................... 70\n20.17 Order for payment out after acceptance ........................................ 71\n20.18 Money not accepted ...................................................................... 71\n20.19 No disclosure of payment into court .............................................. 71\n20.20 Costs consequences of payment into Court .................................. 72\n21.01 Manner of giving evidence ............................................................. 73\n21.02 Use of affidavit at hearing .............................................................. 73\n21.03 Attendance and production ............................................................ 73\n21.04 Inspection of place, &c. ................................................................. 74\n21.05 Admission of copy ......................................................................... 74\n21.06 Person about to leave territory....................................................... 74\n22.01 Form of affidavit ............................................................................. 74\n22.02 Affidavit relating to motor vehicle accident..................................... 75\n22.03 Affidavit by multiple deponents ...................................................... 75\n22.04 Affidavit by person unable to read ................................................. 76\n22.05 Affidavit by person unable to write ................................................. 76\n22.06 Affidavit by person unable to understand English .......................... 77\n22.07 Content of affidavit ......................................................................... 77\n22.08 Annexures and exhibits ................................................................. 77\n22.09 Filing .............................................................................................. 78\n22.10 Alterations...................................................................................... 78\n22.11 Irregularity...................................................................................... 78\n22.12 Affidavit witnessed by party etc. .................................................... 78\n22.13 Affidavit made before commencement of proceedings .................. 79\n23.01 Definitions ...................................................................................... 79\n23.02 Order to attend .............................................................................. 79\n23.03 Summons to give evidence............................................................ 79\n23.04 Form and filing of summons for production.................................... 80\n\nLocal Court (Civil Jurisdiction) Rules 1998 viii\n23.05 Summons for production after hearing date fixed .......................... 80\n23.06 Summons for production before hearing date fixed ....................... 80\n23.07 Service........................................................................................... 81\n23.08 Expenses and losses incurred complying with summons .............. 81\n23.09 Delivery of documents by hand or post ......................................... 82\n23.10 Objections and setting aside summons ......................................... 82\n23.11 Orders for inspection ..................................................................... 82\n24.01 Statement of expert evidence ........................................................ 83\n24.02 Putting other party's expert statement in evidence ........................ 84\n24.03 Request for examination of plaintiff ............................................... 84\n24.04 Costs of examination ..................................................................... 84\n24.05 Report of examination ................................................................... 84\n24.06 Expert's report admissible ............................................................. 85\n24.07 Attendance of expert ..................................................................... 85\n25.01 Definition........................................................................................ 85\n25.02 Form of application ........................................................................ 85\n25.03 Filing .............................................................................................. 86\n25.04 Service........................................................................................... 86\n25.05 Person served to file affidavit......................................................... 86\n25.06 Failure to attend hearing ................................................................ 86\n25.07 Attendance by teleconferencing .................................................... 87\n26.01 Injunctions ..................................................................................... 87\n26.02 Preservation of property ................................................................ 87\n27.01 Application for judgment by plaintiff ............................................... 88\n27.02 Plaintiff's affidavit ........................................................................... 88\n27.03 Service on defendant ..................................................................... 89\n27.04 Defendant may show cause .......................................................... 89\n27.05 Hearing of application .................................................................... 89\n27.06 Summary judgment for defendant ................................................. 90\n","sortOrder":3},{"sectionNumber":"Part 28","sectionType":"part","heading":"Summary stay or dismissal of claim and","content":"Part 28 Summary stay or dismissal of claim and\nstriking out pleading\n28.01 Stay or judgment in proceedings ................................................... 90\n28.02 Striking out pleading ...................................................................... 91\n\nLocal Court (Civil Jurisdiction) Rules 1998 ix\n","sortOrder":4},{"sectionNumber":"Part 29","sectionType":"part","heading":"Summary proceedings for recovery of","content":"Part 29 Summary proceedings for recovery of\npossession of land\n29.01 Application of Part ......................................................................... 91\n29.02 Commencement of proceedings .................................................... 91\n29.03 Who to be defendant ..................................................................... 92\n29.04 Affidavit required............................................................................ 92\n29.05 Service........................................................................................... 92\n29.06 Affidavit to be filed ......................................................................... 93\n29.07 Occupier made defendant ............................................................. 93\n29.08 Judgment for possession ............................................................... 93\n29.09 Warrant of possession ................................................................... 93\n","sortOrder":5},{"sectionNumber":"Part 30","sectionType":"part","heading":"Applications and claims relating to","content":"Part 30 Applications and claims relating to\ntenancies\n30.01 Definitions ...................................................................................... 93\n30.02 Applications or claims may be made by agents ............................. 94\n30.03 Form of applications ...................................................................... 94\n30.04 Filing of applications and service of tenancy applications ............. 94\n30.05 Hearing of applications .................................................................. 94\n30.06 Applications for warrant of possession .......................................... 95\n30.07 Application of Division ................................................................... 95\n30.08 Commencement of proceedings .................................................... 95\n30.09 Case management ........................................................................ 95\n31.01 Definitions ...................................................................................... 96\n31.02 When security for costs may be ordered ....................................... 96\n31.03 Manner of giving security ............................................................... 97\n31.04 Failure to give security ................................................................... 97\n31.05 Setting aside or variation of order .................................................. 97\n31.06 Payment by irrevocable guarantee ................................................ 97\n31.07 Requirements of guarantee ........................................................... 97\n31.08 Liability of ADI................................................................................ 97\n32.01 When conferences to be held ........................................................ 98\n32.02 Who to attend conferences ............................................................ 98\n\nLocal Court (Civil Jurisdiction) Rules 1998 x\n32.03 Attendance by teleconferencing .................................................... 99\n32.04 Procedure at conciliation conference............................................. 99\n32.05 Case management statement...................................................... 101\n32.06 Procedure at prehearing conference ........................................... 101\n32.07 Mediation conference .................................................................. 102\n32.08 Mediators ..................................................................................... 103\n32.09 Costs on adjournment of mediation ............................................. 103\n32.10 Consequences of failure to attend, &c. ........................................ 104\n32.11 Confidentiality .............................................................................. 104\n","sortOrder":6},{"sectionNumber":"Part 33","sectionType":"part","heading":"Hearing of proceedings","content":"Part 33 Hearing of proceedings\n33.01 Directions for conduct of hearing ................................................. 105\n33.02 Absence of party.......................................................................... 105\n33.03 Party may apply for re-hearing .................................................... 105\n33.04 Disqualification of Judge .............................................................. 105\n34.01 Interpretation ............................................................................... 105\n34.02 When order for assessment may be made .................................. 105\n34.03 Manner of assessment ................................................................ 106\n34.04 Notice to parties........................................................................... 106\n34.05 Evidence by affidavit .................................................................... 106\n34.06 Summons to give evidence or produce documents ..................... 106\n34.07 Order to state amount .................................................................. 106\n35.01 General relief ............................................................................... 107\n35.02 Date of effect ............................................................................... 107\n35.03 Form of order ............................................................................... 107\n35.04 Certified copy............................................................................... 107\n35.05 Time for compliance .................................................................... 107\n35.06 Order by consent ......................................................................... 108\n35.07 Party may apply for re-hearing .................................................... 109\n35.08 Application of Division ................................................................. 109\n35.09 Application for registration of order .............................................. 109\n35.10 Registration ................................................................................. 109\n35.11 Enforcement ................................................................................ 110\n36.01 Application for re-hearing............................................................. 110\n\nLocal Court (Civil Jurisdiction) Rules 1998 xi\n36.02 Further application ....................................................................... 110\n36.03 Re-hearing date ........................................................................... 110\n37.01 Application of Part ....................................................................... 111\n37.02 Definitions .................................................................................... 111\n37.03 Persons who may be joined......................................................... 111\n37.04 Notice of appeal........................................................................... 111\n37.05 Notice of appearance .................................................................. 112\n37.06 Prehearing conference ................................................................ 112\n37.07 Amendment of grounds ............................................................... 112\n37.08 Representation ............................................................................ 112\n37.09 Hearing of appeal ........................................................................ 112\n38.01 Definitions .................................................................................... 113\n38.02 Application of Supreme Court Rules 1987 ................................... 114\n38.03 Power and discretion of Court ..................................................... 114\n38.04 Costs generally to be allowed at 100% of the Supreme Court\ncosts ............................................................................................ 114\n38.05 Costs of conciliation conference .................................................. 114\n38.06 Costs of interlocutory application ................................................. 114\n38.09 Costs in appeals .......................................................................... 114\n38.10 Public interest costs order ........................................................... 115\n38.11 Taxing officer ............................................................................... 116\n38.12 Bill of costs .................................................................................. 116\n38.13 Notice of objection ....................................................................... 117\n38.14 Particular allowances ................................................................... 117\n38.15 Fee for taxation............................................................................ 117\n38.16 Review of taxing officer's order .................................................... 118\n39.01 Interest on judgment and costs.................................................... 118\n39.02 Interest on costs in interlocutory application ................................ 118\n39.03 Interest up to judgment ................................................................ 118\n39.04 No interest while instalment order in force ................................... 119\n\nLocal Court (Civil Jurisdiction) Rules 1998 xii\n40.01 Change in legal practitioner ......................................................... 119\n40.02 Appointment of legal practitioner ................................................. 119\n40.03 Ceasing to act.............................................................................. 120\n40.04 Service where practitioner ceases to practise ............................. 120\n42.01 Definitions .................................................................................... 121\n42.02 Enforcement of order for payment of money ............................... 121\n42.03 Order against multiple defendants ............................................... 122\n42.04 Order against partners ................................................................. 122\n42.05 Court may stay enforcement........................................................ 122\n43.01 Application for issue of warrant of execution ............................... 122\n43.02 Costs of prior execution ............................................................... 123\n43.03 When warrant of execution issued............................................... 123\n43.04 Duration and priority .................................................................... 123\n43.05 Payment into Court ...................................................................... 124\n44.01 Definition...................................................................................... 124\n44.02 Application for warrant ................................................................. 124\n44.03 Property that may be seized and sold ......................................... 124\n44.04 Possession of property not removed ........................................... 125\n44.05 Procedure for seizure and sale .................................................... 125\n44.06 Notice to judgment debtor............................................................ 126\n44.07 Time and place of sale ................................................................ 126\n44.08 Advertisement of sale .................................................................. 127\n45.01 Application for warrant ................................................................. 127\n45.02 Enforcement where order includes payment of money................ 128\n45.03 Enforcement where order for value of goods only ....................... 128\n\nLocal Court (Civil Jurisdiction) Rules 1998 xiii\n","sortOrder":7},{"sectionNumber":"Part 46","sectionType":"part","heading":"Warrant of possession","content":"Part 46 Warrant of possession\n46.01 Application for warrant ................................................................. 128\n46.02 Goods need not be removed ....................................................... 128\n46.03 Enforcement where order includes payment of money................ 128\n47.01 Application for examination summons ......................................... 128\n47.02 Filing and issue of examination summons ................................... 129\n47.03 Service of summons and declaration ........................................... 129\n47.04 Judgment debtor to complete declaration .................................... 129\n47.05 Examination of judgment debtor .................................................. 130\n47.06 Orders registrar may make .......................................................... 130\n47.07 Failure to attend for examination ................................................. 130\n47.08 Copy of order ............................................................................... 131\n47.09 Application for arrest warrant ....................................................... 131\n47.10 Duration of arrest warrant ............................................................ 131\n48.01 Definitions .................................................................................... 132\n48.02 Attachment of earnings order ...................................................... 133\n48.03 Attachment of earnings order in place of other order................... 133\n48.04 Application for attachment of earnings order ............................... 133\n48.05 Order in absence of judgment debtor .......................................... 134\n48.06 Form and content of order ........................................................... 135\n48.07 When order comes into force....................................................... 135\n48.08 Service of order ........................................................................... 136\n48.09 Notice by person who is not employer ......................................... 136\n48.10 Payments by employer ................................................................ 136\n48.11 Notice to judgment debtor of payments ....................................... 137\n48.12 Multiple attachment of earnings orders........................................ 137\n48.13 Failure of employer to comply with order ..................................... 138\n48.14 Determination of earnings............................................................ 138\n48.15 Discharge, suspension or variation of order ................................ 138\n48.16 Cessation of order ....................................................................... 139\n49.01 Interpretation ............................................................................... 139\n49.02 When attachment of debts order may be made ........................... 140\n49.03 Application for order .................................................................... 140\n49.04 Service of summons and affidavit ................................................ 140\n49.05 Dispute of liability by garnishee ................................................... 141\n49.06 Claim by another person.............................................................. 141\n49.07 Attachment of debts order ........................................................... 141\n49.08 Service of order ........................................................................... 141\n49.09 Time for payment by garnishee ................................................... 142\n\nLocal Court (Civil Jurisdiction) Rules 1998 xiv\n49.10 Failure to comply ......................................................................... 142\n49.11 Discharge of garnishee ................................................................ 142\n50.01 Application for instalment order ................................................... 142\n50.02 Registrar may make or refuse to make order .............................. 143\n50.03 Notice of objection ....................................................................... 143\n50.04 Judgment debtor to produce documents ..................................... 144\n50.05 Consent to instalment order......................................................... 144\n50.06 Instalment agreement .................................................................. 144\n51.01 Definitions .................................................................................... 144\n51.02 Application for charging order ...................................................... 145\n51.03 Charging summons ..................................................................... 145\n51.04 Evidence in supporting affidavit ................................................... 145\n51.05 Service of summons .................................................................... 146\n51.06 Effect of service of summons....................................................... 146\n51.07 Charging order............................................................................. 146\n51.08 Effect and enforcement of charge................................................ 147\n51.09 Variation or discharge of order .................................................... 147\n52.01 Application for appointment of receiver ....................................... 147\n52.02 Determination of application ........................................................ 147\n53.01 Application for sequestration order .............................................. 148\n53.02 Service of summons .................................................................... 148\n53.03 Sequestration order against officer .............................................. 148\n53.04 Discharge of order ....................................................................... 149\n53A.01 Application for victim's certificate ................................................. 149\n53A.02 Certificate for victims of identity crime ......................................... 149\n54.01 Repeal ......................................................................................... 150\n\nLocal Court (Civil Jurisdiction) Rules 1998 xv\n\n____________________\nAs in force at 12 July 2017\n____________________\nLOCAL COURT (CIVIL JURISDICTION) RULES 1998\nRules under the Local Court Act 2015\nDivision 1 Citation and Commencement\n1.01 Citation\nThese Rules may be cited as the Local Court (Civil Jurisdiction)\nRules 1998.\n1.02 Commencement\nThese Rules come into operation on the commencement of the\nLocal Court Amendment Act 1997.\nDivision 2 Application of Rules\n1.03 Application to civil proceedings\nThese Rules apply in relation to all civil proceedings.\n1.09 Definitions\nIn these Rules, unless the contrary intention appears:\ncorporation means a corporation within the meaning of the\nCorporations Act 2001.\ncounterclaim means a claim in proceedings by a defendant\nagainst a plaintiff and includes a set-off.\nCourt venue means a place approved under section 24 of the Act.\n\nLocal Court (Civil Jurisdiction) Rules 1998 2\ndiscovery means discovery and inspection of documents or\ndiscovery by written interrogatories.\ndocument exchange means a document exchange facility\napproved for the time being by the Chief Justice on the\nrecommendation of the Law Society Northern Territory.\nfirm means an unincorporated body of persons (whether consisting\nof individuals or of corporations or partly of individuals and partly of\ncorporations) associated together to conduct business.\njudgment includes a decision, determination and order, whether\nfinal or otherwise.\nlaw practice, see section 4 of the Legal Profession Act 2006.\nlegal practitioner means:\n(a) an Australian legal practitioner as defined in section 6(a) of the\nLegal Profession Act 2006;\n(b) the Secretary within the meaning of section 8 of the Law\nOfficers Act 1978;\n(c) the Secretary of the Attorney-General's Department of the\nCommonwealth;\n(d) the Commonwealth Director of Public Prosecutions; or\n(e) an AGS lawyer within the meaning of section 55I of the\nJudiciary Act 1903 of the Commonwealth.\nofficer, in relation to a corporation, includes a director, secretary,\nreceiver, receiver and manager, official manager, administrator,\nliquidator and trustee administering a compromise or arrangement\nmade between the corporation and another person.\norder includes a decision, determination, direction and judgment,\nwhether final or otherwise.\noriginating process means the process by which proceedings are\ncommenced, and includes a third party notice and, where a\ncounterclaim is made against a person not previously a party to the\nproceedings in which the counterclaim is made, the counterclaim.\nparty, in relation to proceedings, means the plaintiff, defendant,\napplicant, respondent or another party to the proceedings.\npleading includes a statement of claim and particulars of a\npleading.\n\nLocal Court (Civil Jurisdiction) Rules 1998 3\npossession means possession, custody or power.\npractice direction means a practice direction issued under\nsection 49 of the Act.\nproper venue, for proceedings, see rule 5.01.\nquestion means a question, issue or matter for determination by\nthe Court, of fact or law or of fact and law, raised at any stage of\nproceedings by the pleadings or otherwise by:\n(a) the Court;\n(b) a party; or\n(c) a person, not a party, who has a sufficient interest in the\nregistry means a registry of the Court under section 25 of the Act.\nteleconferencing means the use of telephone or closed circuit\ntelevision.\n1.11 Exercise of power\n(1) The Court may exercise a power under these Rules of its own\nmotion or on application.\n(2) In exercising a power under these Rules, the Court:\n(a) must endeavour to ensure that all questions in proceedings\nare effectively, completely, promptly and economically\ndetermined; and\n(b) may impose any conditions it considers appropriate.\n1.12 Procedure wanting or in doubt\n(1) Where the manner or form of the procedure:\n(a) for commencing or taking a step in proceedings; or\n(b) by which the jurisdiction, power or authority of the Court is to\nbe exercised,\n\nLocal Court (Civil Jurisdiction) Rules 1998 4\nis not prescribed by these Rules or by or under an Act, the Court\nmay adopt and apply with the necessary changes the relevant\nprocedures, rules and forms observed and used in the Supreme\n(2) An act done in accordance with an order made or direction given in\npursuance of subrule (1) is regular and sufficient.\n(3) An application for directions relating to the commencement of\nproceedings is not to name a person as defendant.\n1.13 Act by corporation\nWhere the Court makes an order that a corporation is to do an act,\nit may order that the act be done by the appropriate officer of the\ncorporation.\n1.14 Power to act by legal practitioner, &c.\nUnless the contrary intention appears, anything in proceedings that\nis required or permitted by these Rules, an Act or another law to be\ndone by a party may be done:\n(a) by the party's legal practitioner; or\n(b) with the leave of the Court, by some other person.\n1.15 Appearance by party\nSubject to rule 32.02, a party may appear in Court:\n(b) by a legal practitioner;\n(c) by an articled clerk or graduate clerk unless the Court orders\notherwise; or\n(d) with the leave of the Court:\n(i) in the case of a corporation – by an officer or employee\nof the corporation;\n(ii) in the case of a firm – by a partner or employee of the\nfirm;\n(iii) in enforcement proceedings – by a commercial agent; or\n(iv) by some other person.\n\nLocal Court (Civil Jurisdiction) Rules 1998 5\n2.01 Effect of non-compliance\n(1) A failure to comply with these Rules is an irregularity and does not\nnullify proceedings or a step taken, document used or order made\nin the proceedings.\n(2) Subject to rules 2.02 and 2.03, where there is a failure to comply\nwith these Rules, the Court may:\n(a) set aside the proceedings, either wholly or in part;\n(b) set aside a step taken, document used or order made in the\n(c) exercise its powers under these Rules to allow amendments\nand make orders dealing with the proceedings generally.\n2.02 Proceedings commenced by wrong process\nThe Court must not strike out or wholly set aside proceedings on\nthe ground that the proceedings were commenced by the wrong\nprocess.\n2.03 Application to set aside\nWhere a party applies to the Court to set aside proceedings or a\nstep taken, document used or order made in proceedings on the\nground of a failure to comply with these Rules, the Court may do so\nonly if the party applies:\n(a) within a reasonable time after the party becomes aware of the\nfailure; and\n(b) before the party takes a further step in the proceedings (other\nthan filing a notice of defence) after becoming aware of the\nfailure.\n2.04 Dispensing with compliance\nThe Court may dispense with compliance with a requirement of these\nRules either before or after the time for compliance arises.\n\nLocal Court (Civil Jurisdiction) Rules 1998 6\n3.01 Calculating time\n(1) Unless the Court orders otherwise, a time fixed by these Rules or\nby an order or document in proceedings is to be calculated in\naccordance with this rule.\n(2) Where a time of one day or longer is to begin on or be calculated\nfrom a day or event, the day or the day on which the event occurs is\nto be excluded.\n(3) Where a time of one day or longer is to end on or be calculated to a\nday or event, the day or the day on which the event occurs is to be\nincluded.\n(4) Where a time of 5 days or less includes a day on which an office of\nthe Court is closed, that day is to be excluded.\n(5) Where the last day for doing an act at an office of the Court is a day\non which the office is closed, the act may be done on the next day\nthe office is open.\n3.02 Time for service\n(1) In calculating a time for service fixed by these Rules or fixed,\nextended or reduced by an order, a document that is served after\n4.00 p.m. or on a day on which the office of the Court is closed is to\nbe taken as having been served on the next day the office is open.\n(2) Where a document is delivered into the facility of a document\nexchange in accordance with rule 6.07(1)(d), the day of service is to\nbe taken as the next day on which the document exchange is open\nfor business.\n3.03 Extending or reducing time\n(1) The Court may extend or reduce a time fixed by these Rules or\nfixed, extended or reduced by an order.\n(2) Subject to rule 7.06, the Court may extend a time under subrule (1)\nbefore or after the time expires whether or not an application for the\nextension is made before the time expires.\n3.04 Fixing time\nWhere a time is not fixed by these Rules or by an order, the Court\nmay fix a time.\n\nLocal Court (Civil Jurisdiction) Rules 1998 7\n3.05 Content and form\n(1) A document (including a form) to be used in the Court is to be\nprepared in accordance with subrules (2), (3) and (4) but strict\ncompliance with those subrules is not required and substantial\ncompliance, or the compliance that the circumstances require, is\nsufficient.\n(2) A document is to:\n(a) be of durable paper 297 millimetres by 210 millimetres in the\nsize known as International Paper Size A4 and be capable of\nreceiving writing in ink; and\n(b) have a left-hand margin of at least 25 millimetres; and\n(c) be printed or typed and the text is to be clear, sharp, legible\nand permanent; and\n(d) be headed \"In the Local Court at\" followed immediately by the\nCourt venue in which the proceedings have been or are to be\ncommenced and state the identifying number assigned by the\nCourt to the proceedings; and\n(e) state the title of the proceedings and give a short description\nof the document; and\n(f) state the name, address and telephone, facsimile and\nreference numbers of the law practice that prepared the form\nor, where the party acts without a law practice, the name,\naddress and telephone and facsimile numbers of the party.\n(3) A document is not to have a backing sheet.\n(4) Dates (other than months), amounts and other numbers are to be\nexpressed in figures and not in words.\n(5) The Court may require a document in proceedings to be prepared\nin a manner it considers appropriate.\n3.06 Registrar may return document\n(1) A registrar may return a document if the registrar considers that:\n(a) the form or contents of the document show that, if the\ndocument were to be accepted, the proceedings would be an\nabuse of the process of the Court; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 8\n(b) the document is irregular or is not prepared in accordance with\nthese Rules.\n(2) A document returned under subrule (1) is to be taken as filed but is\nto be corrected in accordance with the registrar's directions.\n(3) A Judge or judicial registrar may direct a registrar to accept a\ndocument for filing.\n3.07 Prescribed forms\n(1) In these Rules, a reference to a form by number is a reference to\nthe form so numbered in Schedule 1.\n(2) If a document required by or under an Act or by these Rules is not\nprescribed in these Rules or in a practice direction, a registrar may\naccept a document in the form adapted from the most relevant form\nin Schedule 1 or the practice directions.\n(3) An inaccuracy in the completion of a form or the use of a wrong\nform does not invalidate proceedings, but the Court may make\namendments to the form or give directions in respect of the form\nthat the Court considers appropriate.\n3.08 General power of amendment\n(1) To:\n(a) determine the real question in issue between the parties to a\n(b) correct a defect or error in proceedings; or\n(c) avoid a multiplicity of proceedings;\nthe Court may at any stage order that:\n(d) a document (including a statement of claim) be amended; or\n(e) a party have leave to amend a document.\n(2) An amendment under this rule may be made without the leave of\nthe Court if all the parties to proceedings consent to the\namendment.\n3.09 How document is filed\nA document is filed by lodging it in the registry at the Court venue\nwhere the proceedings are commenced or to which the proceedings\nare transferred.\n\nLocal Court (Civil Jurisdiction) Rules 1998 9\n3.10 Filing documents by electronic transmission\n(1) A person may, in writing, request the Chief Judge to authorise him\nor her to file documents by electronic transmission and the Chief\nJudge may authorise the person in accordance with Form 3A.\n(2) The Chief Judge may give a general authorisation by practice\ndirection relating to the filing of documents by electronic\ntransmission.\n(3) A document filed by electronic transmission is to comply with these\nRules.\n(4) The filing date of a document filed under this rule is the date on\nwhich it is received by the Court.\n(5) The Court must store a document filed by electronic transmission in\na computer database or other device so that a hard copy of the\ndocument can be reproduced.\n(6) A person who files a document by electronic transmission must\nkeep a hard copy of the document and must provide the Court with\na hard copy if requested by a registrar to do so.\n5.01 Proper venue\n(1) Proceedings are to be commenced in a proper venue of the Court.\n(2) A proper venue for the proceedings, is the Court venue that is\nnearest to:\n(a) the defendant's residence immediately before the proceedings\nare commenced; or\n(b) the defendant's residence at the time the claim arose; or\n(c) the defendant's place of business immediately before the\nproceedings are commenced; or\n(d) the defendant's place of business at the time the claim arose;\nor\n(e) the defendant's place of employment immediately before the\nproceeding is commenced; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 10\n(f) the defendant's place of employment at the time the claim\narose; or\n(g) the place where the claim arose.\n(3) Despite proceedings being commenced in a Court venue that is not\na proper venue, the Court may hear and determine the proceedings\nat the venue at which the proceedings were commenced or at\nanother venue the Court considers appropriate.\n(4) Proceedings are not void or in any other way affected by reason\nonly that the proceedings were heard and determined at a venue\nother than a proper venue.\n(5) In subrule (2), defendant, in relation to proceedings where there\nare 2 or more defendants, means any one of the defendants.\n5.02 Objection to venue\n(1) Subject to subrule (2), where:\n(a) a defendant objects that the Court venue from which process\nis issued is not a proper venue for the proceedings; and\n(b) the Court is satisfied, having regard to the convenience of the\nparties, that the proceedings should be transferred;\nthe Court may adjourn the proceedings to another Court venue.\n(2) The defendant must give notice of the objection to the plaintiff with\nthe notice of defence unless the Court orders otherwise.\n5.03 Transfer of proceedings\nThe Court may order the transfer of proceedings to another Court\nvenue.\n5.04 Transfer from Supreme Court\n(1) Where the Supreme Court orders that proceedings be transferred\nfrom the Supreme Court to the Local Court, the court file relating to\nthe proceedings is to be transferred.\n(2) The Local Court must give all parties a notice of transfer in\naccordance with Form 5A specifying:\n(a) the date on which the Supreme Court made the order for\ntransfer of the proceedings; and\n(b) that it has received the file.\n\nDivision 2 Commencement of proceedings and making application\nLocal Court (Civil Jurisdiction) Rules 1998 11\n(3) If the plaintiff has not filed a statement of claim or particulars of a\nclaim in the Supreme Court, the plaintiff must:\n(a) file in the Local Court a concise statement of the particulars of\nthe plaintiff's claim not later than 14 days after the date of the\nnotice of transfer; and\n(b) serve a copy of the statement of particulars on each other\nparty not later than 7 days after it is filed.\n(4) If a registrar considers it is appropriate, the registrar must fix a date,\ntime and place for a conciliation conference and notify the parties in\nthe notice of transfer.\n(5) Where these Rules prescribe a time for doing an act by reference to\nthe date of filing a notice of defence, the time for doing the act in\nproceedings transferred under this rule is to be determined by\nreference to the date on which the order for transfer was made.\nDivision 2 Commencement of proceedings and making\napplication\n5.05 Names of parties\n(1) A person who commences proceedings by filing a statement of\nclaim is the party called the plaintiff and the person against whom\nthe proceedings are commenced is the party called the defendant.\n(2) A person who commences proceedings by filing an originating\napplication or other application is the party called the applicant and\nthe person against whom the application brought is the party called\nthe respondent.\n5.06 How proceedings commenced\nExcept where provided otherwise by or under an Act or these\nRules, proceedings are commenced by filing a statement of claim\nunder Division 1 of Part 7 or an originating application under\nDivision 2 of Part 7.\n5.07 Interlocutory or other application\nUnless the Court orders otherwise, an interlocutory or other\napplication in proceedings is to be made under Part 25.\n\nLocal Court (Civil Jurisdiction) Rules 1998 12\n5.08 Urgent case\nIn an urgent case, the Court may:\n(a) on the application of a person who intends to commence\nproceedings; and\n(b) on the person's undertaking to commence the proceedings\nwithin the time the Court directs:\nmake any order the Court might make if the applicant had\ncommenced the proceedings and the application were made in the\n5.09 Form and content\n(1) A pleading is to:\n(a) be expressed in plain English and in non-technical language\nunless required by the nature of the claim;\n(b) be divided into paragraphs numbered consecutively and each\nallegation, so far as practicable, is to be contained in a\nseparate paragraph;\n(c) contain, in a summary form, a statement of all the material\nfacts on which the party relies but not the evidence by which\nthose facts are to be proved;\n(d) where a claim or defence of a party arises by or under an\nAct – identify the specific provision relied on; and\n(e) state specifically the amount of compensation sought (if any)\nor the relief or remedy sought.\n(2) In a pleading, a party may:\n(a) raise a point of law; and\n(b) plead a conclusion of law if the material facts supporting the\nconclusion are pleaded.\n\nLocal Court (Civil Jurisdiction) Rules 1998 13\n5.10 Matter to be pleaded\nIn a pleading subsequent to a statement of claim, a party must\nplead specifically a fact or matter that:\n(a) the party alleges makes a claim or defence of the opposite\nparty not maintainable;\n(b) if not pleaded specifically, might take the opposite party by\nsurprise; or\n(c) raises a question of fact that does not arise out of a preceding\npleading.\n5.11 Subsequent pleading\nA party may plead a fact or matter that has arisen at any time,\nwhether before or after the commencement of the proceedings.\n5.12 Inconsistent pleading\nA party may make inconsistent allegations of fact if the pleading\nmakes it clear that the allegations are pleaded in the alternative.\n5.13 Particulars of pleading\n(1) A pleading is to contain the necessary particulars of a fact or matter\npleaded.\n(2) Without limiting subrule (1), particulars are to be given if they are\nnecessary to enable the opposite party to plead, define the\nquestions for hearing or avoid surprise at the hearing.\n5.14 Denial and pleading different facts\n(1) An allegation of fact in a pleading is to be taken as admitted unless,\nin the pleading of the opposite party, it is:\n(a) denied specifically or by necessary implication; or\n(b) stated to be not admitted.\n(2) A party who specifically denies an allegation of fact must state what\nfacts he or she relies on as the basis of the denial.\n(3) A party who intends to prove facts that are different from those\npleaded by the opposite party must:\n(a) specifically deny the facts pleaded or state that the facts\npleaded are not admitted; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 14\n(b) plead the facts he or she intends to prove.\n5.15 Amendments and orders as to form, filing and service\n(1) Such amendments are to be made to the pleadings as are\nnecessary for determining the real questions at issue between the\n(2) At any stage of proceedings, the Court may:\n(a) allow a party to amend his or her pleadings in a manner and\non terms the Court considers appropriate;\n(b) order that the pleadings be in a particular form; or\n(c) make orders in respect of the filing and service of pleadings.\n5.16 Failure to plead matter or particulars\nA failure to comply with rule 5.10 or 5.13 does not invalidate a\nstatement of claim.\n5.17 Filing pleadings\nA party who serves a pleading on another party must promptly file a\ncopy of the pleading.\n5.18 Discontinuance or withdrawal\n(1) At any time before the date fixed for the hearing of proceedings, a\nparty may, without the leave of the Court:\n(a) discontinue a statement of claim, counterclaim or claim by\nthird party notice; or\n(b) withdraw a notice of defence.\n(2) A notice of discontinuance or withdrawal in accordance with\nForm 5B is to be filed and served on each other party.\n(3) Discontinuance or withdrawal is not effective until the notice is filed\nunder subrule (2).\n(4) A party who discontinues or withdraws must pay the costs of the\nother party incurred before the discontinuance or withdrawal unless\nthe Court orders otherwise.\n\nLocal Court (Civil Jurisdiction) Rules 1998 15\n(5) Where a party is liable to pay the costs of another party because of\ndiscontinuance or withdrawal and the party, before paying the\ncosts, commences further proceedings for the same or substantially\nthe same cause of action, the Court may stay the proceedings until\nthe costs are paid.\n6.01 Documents to be served\nAll documents filed by a party in proceedings are to be served on\nthe other parties.\n6.02 When personal service necessary\nA document to be served in proceedings need not be served\npersonally unless personal service is required by these Rules or by\norder of the Court.\n6.03 How personal service effected\n(1) Personal service of a document is effected:\n(a) by leaving a copy of the document with the person to be\nserved; or\n(b) if the person does not accept the copy – by putting the copy\ndown in the person's presence and telling the person the\nnature of the document.\n(2) To effect personal service, it is not necessary to show the original\ndocument.\n6.04 Personal service on particular party\nPersonal service of a document is effected by serving the document\nin accordance with rule 6.03:\n(a) in the case of a company within the meaning of the\nCorporations Act 2001 or a registered body within the\nmeaning of that Act – on the mayor, chairperson, president,\ntown clerk, manager, treasurer, secretary or similar officer of\nthe corporation;\n(b) in the case of a statutory corporation – on the Commissioner,\nchairperson, president, manager, chief executive officer or\nother officer of the statutory corporation;\n\nLocal Court (Civil Jurisdiction) Rules 1998 16\n(c) in the case of the Territory or the Crown in right of the\nTerritory – on the Solicitor for the Northern Territory;\n(d) in the case of the Commonwealth or the Crown in right of the\nCommonwealth – on the Australian Government Solicitor;\n(e) in the case of an infant:\n(i) on a parent or guardian of the infant; or\n(ii) if there is no such person – on the person with whom the\ninfant resides or in whose care the infant is; or\n(f) in the case of a person under a disability as defined in\nrule 15.01(b):\n(i) on the person who, under Part 15, is the litigation\nguardian in the proceedings to which the person with a\ndisability is a party; or\n(ii) if there is no litigation guardian – on the person with\nwhom the person under a disability resides or in whose\ncare the person is.\n6.05 Personal service on firm or company\nPersonal service is effected on:\n(a) individuals suing or being sued in the name of a firm, the\nbusiness name of which is registered under the Business\nNames Act 2007 – by:\n(i) leaving a document, addressed to the firm, at the firm's\nbusiness address with someone who appears to be at\nleast 16 years old and appears to be employed by the\nfirm; or\n(ii) sending a document by registered post addressed to the\nfirm at the firm's business address; or\n(b) individuals suing or being sued in the name of a firm, the\nbusiness name of which is not registered under the Business\nNames Act 2007 – by serving a document in accordance with\nrule 6.03 on a person who appears to be a partner in the firm\nor to have the control or management of the business; or\n(c) a company within the meaning of the Corporations Act 2001 –\nby serving a document in accordance with section 109X of\nthat Act; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 17\n(d) a registered body within the meaning of the Corporations\nAct 2001 – by serving a document in accordance with\nsection 601CX of that Act.\n6.06 Address for service\n(1) The address for service of a plaintiff is:\n(a) if the plaintiff sues in person – an address within 50 kilometres\nof the registry at which the originating process is filed, as\nstated in the originating process; or\n(b) if the plaintiff sues by a law practice – the business address in\nAustralia of the law practice.\n(2) The address for service of a defendant is:\n(a) if the defendant defends in person – an address within\n50 kilometres of the registry at which the notice of defence or\nnotice of admission is filed, as stated in the notice of defence\nor notice of admission; or\n(b) if the defendant defends by a law practice – the business\naddress in Australia of the law practice.\n(3) If the business address of the law practice mentioned in\nsubrule (1)(b) or (2)(b) is more than 50 kilometres from the\nappropriate registry, the law practice must instead provide the\naddress of a law practice within 50 kilometres of the registry.\n(4) A party, a party's law practice, or an agent of a law practice, may\ninclude in the address for service a number for facsimile\ntransmission, or an email address, by which service of documents\nmay be effected.\n6.07 How ordinary service effected\n(1) If personal service of a document is not required, the document\nmay be served:\n(a) by leaving it at the address for service of the person to be\nserved;\n(b) by sending it by prepaid post to the person to be served at the\nperson's address for service;\n(c) where provision is made by or under an Act for service of a\ndocument on a corporation – by serving it in accordance with\nthe provision;\n\nLocal Court (Civil Jurisdiction) Rules 1998 18\n(d) where the law practice for a party has the facility for the\nreception of documents in a document exchange – by\ndelivering it into the facility; or\n(e) where a party or a party's legal practitioner has the facility for\nthe reception of documents by facsimile transmission or\nemail – by transmitting the document to the facility.\n(2) For the purpose of subrule (1), if at the time service is to be effected\nthe person to be served has not stated an address for service in\naccordance with rule 6.06, the address for service is:\n(a) in the case of an individual – the person's usual or last known\nplace of residence or business;\n(b) in the case of individuals suing or being sued in the name of a\nfirm – the principal or last known place of business of the firm;\nor\n(c) in the case of a corporation – the registered office or principal\nplace of business of the corporation.\n6.08 Identity of person served\nFor the purposes of proof of service, evidence of a statement by a\nperson:\n(a) relating to the person's identity; or\n(b) that the person holds a particular office,\nis evidence of that fact.\n6.09 Acceptance of service by legal practitioner\nWhere, in proceedings:\n(a) a document is to be served on a person; and\n(b) a legal practitioner makes a note on a copy of the document\nthat the legal practitioner accepts service of the document on\nbehalf of the person to be served,\nunless the legal practitioner is shown not to have had authority to\naccept service, the document is to be taken as having been served\non the person on the day on which the legal practitioner made the\nnote or on such other day as is proved.\n\nLocal Court (Civil Jurisdiction) Rules 1998 19\n6.10 Substituted service\n(1) Where it is impracticable to serve a document in a manner required\nby these Rules, the Court may order that, instead of service, steps\nspecified by the Court be taken to bring the document to the notice\nof the person to be served.\n(2) Where the Court makes an order under subrule (1), it may order\nthat the document is to be taken as served when a specific event\nhappens or a specific time expires.\n(3) The Court may make an order under subrule (1) despite the person\nto be served being out of the Territory when the proceedings are\ncommenced or the order is made.\n(4) An application for an order under subrule (1) is to be supported by an\naffidavit stating:\n(a) that attempts at service have been unsuccessful, or the\nreason personal service is impracticable;\n(b) the manner of service proposed; and\n(c) how the proposed manner of service will bring the document\nto the notice of the person to be served.\n(5) In deciding whether it is impracticable to serve a document, the\nCourt must consider:\n(a) whether the applicant has taken reasonable steps to discover\nthe whereabouts of the person to be served and to serve the\nperson with the document;\n(b) the means of the applicant, the likely cost to the applicant and\nthe nature of the document to be served;\n(c) whether by advertising or some other method the existence of\nthe document is likely to come to the knowledge of the person\nto be served; and\n(d) any other relevant matters.\n6.11 Confirmation of informal service\nWhere a document has not been served in a manner required by or\nunder these Rules or a law in force in the Territory but steps have\nbeen taken to bring, or which may tend to bring, the document to\nthe notice of the person to be served, the Court may order that the\ndocument be taken as served on the person on a date specified in\n\nLocal Court (Civil Jurisdiction) Rules 1998 20\n6.12 Service on agent\n(1) Where a contract is entered into in the Territory:\n(a) by or through an agent residing or carrying on business in the\nTerritory; and\n(b) on behalf of a principal residing or carrying on business out of\nthe Territory,\nthe Court may give leave, before the determination of the agent's\nauthority or the agent's business relations with the principal, for\noriginating process relating to or arising out of the contract to be\nserved on the agent.\n(2) Where an order giving leave is made under subrule (1):\n(a) the order is to specify the time within which the defendant\nmust file a notice of defence; and\n(b) the plaintiff must, without delay, send a copy of the order and\nthe originating process by prepaid post to the defendant at the\ndefendant's usual or last known place of residence or\nbusiness out of the Territory.\n6.13 Service under agreement\nWhere, before or after the commencement of proceedings, the\nparties agree that documents may be served on a party or on a\nperson on behalf of a party in a manner or at a place specified in\nthe agreement, service in accordance with the agreement is proper\n6.14 Recovery of vacant land\n(1) In a proceeding for the recovery of land, the Court may:\n(a) if it is satisfied that no person appears to be in possession of\nthe land and that service of originating process cannot be\notherwise effected on a defendant without undue delay or\nexpense – order that service on the defendant may be\neffected by affixing a copy of the originating process to a\nconspicuous part of the land; or\n(b) if it is satisfied that no person appears to be in possession of\nthe land and that service of originating process could not\notherwise have been effected on a defendant without undue\ndelay or expense – order that service already effected by\naffixing a copy of the originating process to a conspicuous part\nof the land is to be taken as sufficient service on the\n\nLocal Court (Civil Jurisdiction) Rules 1998 21\n(2) This rule has effect despite the defendant being out of the Territory\nwhen a copy of the originating process is affixed to the land.\n6.15 No service Christmas Day or Good Friday\nA person is not entitled to serve a document on Christmas Day or\nGood Friday.\n6.16 Affidavit or declaration of service\n(1) In the case of personal service of a document, an affidavit or\ndeclaration of its service is to have attached or clearly describe the\ndocument served and state:\n(a) by whom the document was served;\n(b) the time, day of the week and date when the document was\nserved;\n(c) the place of service; and\n(d) the manner of identifying the person served.\n(2) In the case of ordinary service of a document, an affidavit or\ndeclaration of its service is to state, with relevant dates, the facts\nconstituting service.\n(3) A document purporting to be an affidavit or declaration of service is\nto be taken as evidence of proper service of the document unless\nthe contrary is proved.\n7.01 Filing statement of claim\n(1) A plaintiff commences proceedings by filing a statement of claim,\ntogether with a list of documents as specified in rule 16.02, in the\nregistry at a proper venue for the proceedings.\n(2) When the office of the Court is closed, a statement of claim is to be\ntaken to have been filed if:\n(a) the plaintiff produces the statement of claim to a Judge or\nregistrar;\n\nLocal Court (Civil Jurisdiction) Rules 1998 22\n(b) the plaintiff gives to the magistrate or Registrar:\n(i) an undertaking that the statement of claim will be filed in\nthe office on the day the office is next open; and\n(ii) any other undertaking the magistrate or Registrar\nrequires; and\n(c) the magistrate or Registrar initials the statement of claim.\n7.02 Form and content\n(1) A statement of claim is to be:\n(a) subject to paragraph (b), in accordance with Form 7A; or\n(b) in accordance with Form 7B if the claim arises from a motor\nvehicle collision.\n(2) A statement of claim is to:\n(a) state the full name of the plaintiff and an address for service of\ndocuments on the plaintiff; and\n(b) if the plaintiff sues in a representative capacity – state the\ncapacity in which the plaintiff sues; and\n(c) state the name and address of the defendant; and\n(d) if the plaintiff sues by a law practice:\n(e) contain:\n(i) a concise statement of the nature of the plaintiff's claim;\nand\n(ii) particulars of the claim; and\n(iii) a statement of the relief or remedy sought; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 23\n(iv) in the case of a claim for a liquidated amount – a precise\nstatement of the amount and the basis on which it is\ncalculated; and\n(v) in the case of a claim for an unliquidated amount – the\nbasis on which it is estimated; and\n(f) if the claim arises from a motor vehicle collision – have\nattached to it at least one itemised quotation of the damages\nor loss assessor's report.\n(3) A statement of claim may, in addition to stating a business address\nfor a law practice, also state the postal address of the law practice.\n(4) Where a plaintiff claims damages for bodily injury, in addition to the\nmatters specified in subrule (2), the statement of claim is to contain:\n(a) particulars, with dates and amounts, of all earnings lost in\nconsequence of the injury;\n(b) particulars of loss of earning capacity (if any) resulting from\nthe injury;\n(c) the date of the plaintiff's birth; and\n(d) the name and address of each of the plaintiff's employers\nduring the period commencing on the day 12 months before\nthe party sustained the injury, the time of commencement and\nduration of each employment and the total net amount after\ndeduction of income tax that was earned in each employment.\n7.03 Costs to be specified\n(1) If the plaintiff claims a debt or liquidated demand only, the\nstatement of claim is to contain the following statement:\nIf you pay the amount of $ and costs of $ to the plaintiff or\nthe plaintiff's legal practitioner without filing and serving a notice of\ndefence you may avoid further costs.\n(2) The amount of costs specified in the statement is to be the amount\nof costs applicable under Part 38 to the amount claimed plus the\nfee for the filing and service of the statement of claim.\n7.04 Claim not to be divided\n(1) A plaintiff must not divide a claim or cause of action to make 2 or\nmore statements of claim.\n\nLocal Court (Civil Jurisdiction) Rules 1998 24\n(2) A plaintiff who has a claim that exceeds the jurisdiction of the Court:\n(a) may abandon the excess by including a statement to that\neffect in the particulars of the claim; and\n(b) on proof of the claim the plaintiff is entitled to judgment for the\nclaim less the amount abandoned.\n7.05 Service\nA plaintiff must serve a statement of claim with a notice of defence\nin accordance with Form 8A, and a copy of the list of documents as\nspecified in rule 16.02, personally on each defendant unless the\n7.06 Time for service\n(1) A statement of claim is valid for service for 6 months after the date\non which it is filed.\n(2) If a statement of claim has not been served on a defendant, the\nCourt may order that the validity be extended for a period of not\nmore than 6 months from the day of the order.\n(3) An application for an extension under subrule (2) is to be made on\nor before the day on which a statement of claim ceases to be valid\nand no order for an extension is to be made after a statement of\nclaim ceases to be valid.\n(4) Subject to subrules (2) and (3), the Court may make further orders\nextending the validity of a statement of claim.\n7.07 Commencing proceedings by originating application\n(1) If a person commences proceedings in respect of which:\n(a) it is inappropriate to file a statement of claim; and\n(b) no commencement procedure is otherwise prescribed by\nthese Rules or by or under an Act,\nthe person must commence the proceedings by filing an originating\napplication in accordance with this Division, together with a list of\ndocuments as specified in rule 16.02.\n(2) An originating application is to be filed in the registry at a proper\nvenue for the proceedings.\n\nLocal Court (Civil Jurisdiction) Rules 1998 25\n(3) When the office of the Court is closed, an originating application is\nto be taken to have been filed if:\n(a) the applicant produces the originating application to a Judge\nor registrar;\n(b) the applicant gives to the Judge or registrar:\n(i) an undertaking that the originating application will be\nfiled in the office on the day the office is next open; and\n(ii) any other undertaking the Judge or registrar requires;\nand\n(c) the Judge or registrar initials the originating application.\n7.08 Form of originating application between parties\n(1) Subject to rules 7.15 and 7.16, an originating application by which\nan applicant commences proceedings against a respondent is to be\nin accordance with Form 7C and is to:\n(a) state the full name of the applicant and an address for service\nof documents on the applicant; and\n(b) if the applicant acts in a representative capacity – state the\ncapacity in which the applicant acts; and\n(c) state the name and address of the respondent; and\n(d) if the applicant is represented by a law practice:\n(e) contain a brief statement of the order or relief applied for; and\n(f) if the application arises by or under an Act – identify the\nspecific provision relied on; and\n(g) set out sufficient particulars to support the application; and\n(h) be accompanied by a supporting affidavit if required.\n\nLocal Court (Civil Jurisdiction) Rules 1998 26\n(2) An originating application between parties may, in addition to\nstating a business address for a law practice, also state the postal\naddress of the law practice.\n7.09 Service of originating application between parties\nUnless the Court orders otherwise, the applicant must serve\npersonally on each respondent:\n(a) an originating application between parties; and\n(ab) a copy of a list of documents as specified in rule 16.02; and\n(b) the supporting affidavit (if any); and\n(c) a notice of intention to appear, in accordance with Form 7D.\n7.10 Time for service of originating application between parties\n(1) An originating application between parties is valid for service for\n12 months after the date on which it is filed.\n(2) If an originating application between parties has not been served on\nthe respondent, the Court may order that the validity be extended\nfor a period of not more than 12 months from the day of the order.\n(3) An application for an extension under subrule (2) is to be made on\nor before the day on which an originating application between\nparties ceases to be valid and no order for an extension is to be\nmade after it ceases to be valid.\n(4) Subject to subrules (2) and (3), the Court may make further orders\nextending the validity of an originating application between parties.\n7.11 Filing and form of notice of intention to appear\n(1) A respondent served with an originating application between parties\nmust, not later than 28 days after being served, file and serve on\nthe applicant a notice of intention to appear.\n(2) A notice of intention to appear is to be in accordance with Form 7D\nand is to:\n(a) state the full name of the respondent and an address for\nservice of documents on the respondent; and\n(b) if the respondent acts in a representative capacity – state the\ncapacity in which the respondent acts; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 27\n(c) if the respondent is represented by a law practice:\n(d) contain a statement of the respondent's intention to appear\nbefore the Court in the proceedings.\n(3) A notice of intention to appear may, in addition to stating a business\naddress for a law practice, also state the postal address of the law\npractice.\n(4) If a respondent who is served with an originating application\nbetween parties does not comply with subrule (1), the applicant\nmay apply for an order for default judgment under Part 11.\n7.12 Conciliation conference\n(1) When a notice of intention to appear is filed, a Registrar must fix a\ndate, time and place for a conciliation conference and must give all\nparties notice of the conference in accordance with Form 32A.\n(2) At a conciliation conference in respect of an originating application\nbetween parties:\n(a) the parties must attend in accordance with rule 32.02;\n(b) the Court may conduct the conciliation conference as it thinks\nfit; and\n(c) the Court may make the orders it considers appropriate.\n7.13 Originating application if no respondent\n(1) An originating application by which an applicant commences\nproceedings to which there is no other party is to be in accordance\nwith Form 7E and is to:\n(a) state the full name of the applicant and an address for service\nof documents on the applicant; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 28\n(b) if the applicant is represented by a law practice:\n(c) contain a brief statement of the order or relief applied for; and\n(d) if the application arises by or under an Act – identify the\nspecific provision relied on; and\n(e) set out sufficient particulars to support the application; and\n(f) be accompanied by a supporting affidavit if required.\n(2) An originating application may, in addition to stating a business\naddress for a law practice, also state the postal address of the law\npractice.\n(3) An applicant must file 2 copies of an originating application and a\nregistrar must fix a date, time and place for a hearing and mark\n7.14 Hearing of originating application in proceedings with no\nrespondent\n(1) The Court may conduct the hearing in respect of an originating\napplication referred to in rule 7.13 as the Court thinks fit and may\nmake the orders it considers appropriate.\n(2) At the hearing, the Court may order that a copy of the originating\napplication and any other document relevant to the application be\nserved on a person who appears to the Court to have a sufficient\ninterest in the determination of the application.\n7.15 Originating application between parties when early hearing\nrequired\n(1) This rule applies if an Act, subordinate legislation or practice\ndirection requires the Court, on the filing of an originating\napplication between parties, to fix a date for the hearing of the\n\nLocal Court (Civil Jurisdiction) Rules 1998 29\n(2) The originating application:\n(a) must be in accordance with Form 7F; and\n(b) must contain all the information referred to in rule 7.08(1)(a)\nto (g); and\n(c) may contain the information referred to in rule 7.08(2); and\n(d) may be accompanied by a supporting affidavit if required.\n(3) A registrar must fix a date, time and place for the hearing and mark\n(4) Unless the Court orders otherwise, as soon as practicable after\nfiling the originating application and not later than 2 days before the\ndate fixed for the hearing, the applicant must serve personally on\neach respondent the following documents:\n(a) the originating application;\n(b) any supporting affidavit;\n(c) a notice of intention to appear, in accordance with Form 7D.\n(5) As soon as practicable after being served with the originating\napplication and before the hearing, each respondent:\n(a) must file and serve on the applicant a notice of intention to\nappear, in accordance with Form 7D, that must contain the\ninformation referred to in rule 7.11(2) and may contain the\ninformation referred to in rule 7.11(3); and\n(b) may file and serve on the applicant an affidavit in response to\nthe facts, matters and circumstances specified in the\noriginating application and any supporting affidavit.\n7.16 Application for personal violence restraining order\nFor section 12 of the Personal Violence Restraining Orders\nAct 2016, an application for a personal violence restraining order\nmust be in accordance with Form 7G.\n\nLocal Court (Civil Jurisdiction) Rules 1998 30\n8.01 Filing and service\nA defendant who intends to defend a claim must, not later than\n28 days after being served with the statement of claim, file a notice\nof defence, together with a list of documents as specified in\nrule 16.02, and serve a copy on the plaintiff at the plaintiff's address\nfor service.\n8.02 Form and content\n(1) A notice of defence is to:\n(a) be in accordance with Form 8A; and\n(b) state the full name of the defendant and an address for\nservice of documents on the defendant; and\n(c) if the defendant defends in a representative capacity – state\nthe capacity in which the defendant defends; and\n(d) if the defendant acts by a law practice:\n(e) contain a statement of the defendant's intention to defend the\nclaim; and\n(f) state the defence or defences relied on, including statutory\ndefences; and\n(g) state particulars of each defence, including a summary of the\nmaterial facts on which the defendant relies.\n(2) A notice of defence may, in addition to stating a business address\nfor a law practice, also state the postal address of the law practice.\n(3) A notice of defence is not to be in the form of general denials and\nnon-admissions.\n\nLocal Court (Civil Jurisdiction) Rules 1998 31\n8.03 Specific defences\n(1) If the defendant intends to rely on:\n(a) the defence of illegality or fraud – the defendant must give\nparticulars of the illegality or fraud;\n(b) the defence of minority – the defendant must state the date\nand place of the defendant's birth;\n(c) the defence of limitation by statute – the defendant must state\nthe date on which the defendant claims the limitation period\ncommenced;\n(d) the defence of discharge under a law relating to bankruptcy or\ninsolvency – the defendant must state the date of the order\nsequestrating the defendant's estate and the court by which\nthe order was made and, if necessary, the date of the\ncertificate of an order for the bankrupt's or insolvent's\ndischarge; or\n(e) the defence of tender – the defendant must state the date of\nthe tender and, where the amount tendered is less than the\namount claimed, specify the item or items in the plaintiff's\nparticulars of demand in respect of which tender was made.\n(2) The defence of tender is not available unless the defendant pays\nthe amount alleged to have been tendered into the Court not later\nthan 5 days before the date fixed for the hearing of the\n8.04 Money claim as defence\nWhere a defendant has a claim against a plaintiff for the recovery of\na debt or damages, the defendant may:\n(a) rely on that claim as a defence to the whole or part of a claim\nby the plaintiff for the recovery of a debt or damages; and\n(b) include that claim in the defence and set-off against the\nplaintiff's claim,\nwhether or not the defendant also counterclaims for the debt or the\ndamages.\n8.05 Conditional defence\n(1) Where a defendant claims that the Court does not have jurisdiction\nto hear the proceedings, the defendant may apply to have the\nproceedings stayed or the statement of claim set aside.\n\nLocal Court (Civil Jurisdiction) Rules 1998 32\n(2) An application under subrule (1) is made by filing a conditional\nnotice of defence in accordance with Form 8B.\n(3) A conditional notice of defence has effect as an unconditional\nnotice of defence unless the Court orders otherwise.\nPart 9 Counterclaim\n9.01 Defendant may counterclaim\n(1) A defendant who has a claim against a plaintiff may counterclaim in\nthe proceedings.\n(2) Subject to this Part, these Rules apply to a counterclaim as if the\nplaintiff were the defendant and the defendant were the plaintiff.\n9.02 Form of counterclaim\n(1) A defendant who counterclaims must do so in the notice of defence\n(2) A counterclaim is to contain:\n(a) a concise statement of the nature of the defendant's claim;\n(b) particulars of the defendant's claim; and\n(c) a statement of the amount, relief or remedy sought.\n9.03 Hearing of counterclaim\nA counterclaim is to be heard at the hearing of the proceedings\n9.04 Counterclaim after judgment for plaintiff, &c.\nA defendant may continue a counterclaim despite:\n(a) judgment being given for the plaintiff in the proceedings; or\n(b) the stay, discontinuance or dismissal of the plaintiff's claim.\n10.01 Notice requiring particulars\n(1) A defendant may serve a notice on a plaintiff stating that the\ndefendant requires further and better particulars of the plaintiff's\nclaim.\n\nLocal Court (Civil Jurisdiction) Rules 1998 33\n(2) A plaintiff may serve a notice on a defendant that the plaintiff\nrequires further and better particulars of the defendant's defence.\n(3) A notice requiring further and better particulars is to specify the\nfacts or matters alleged about which particulars are sought.\n10.02 Time for serving and filing notice\nA notice requiring further and better particulars is to be served and\nfiled not later than 14 days before the date fixed for the conciliation\nconference under rule 32.01(1) unless the Court orders otherwise.\n10.03 Particulars to be served and filed\nA party must serve and file the further and better particulars not\nlater than 7 days after receiving the notice requiring them.\n10.04 Failure to give particulars\n(1) If a party fails to comply with a notice requiring further and better\nparticulars, the party who served the notice may apply for an order:\n(a) if the party in default is a plaintiff or other party claiming\nrelief – striking out the claim; or\n(b) if the party in default is a defendant or other party against\nwhom relief is claimed – permitting the party applying for the\norder to proceed as if a notice of defence had not been filed.\n(2) A party must file and serve an application under subrule (1) not\nlater than 28 days before the date fixed for the hearing of the\n10.05 Particulars in counterclaim\nThis Part applies with the necessary changes to a counterclaim as\nif the plaintiff in the proceedings were a defendant.\n11.01 When party may apply for order\nA party may apply for an order for default judgment in accordance\nwith Form 11A:\n(a) where a defendant fails to file a notice of defence within\n28 days after being served with the statement of claim;\n\nLocal Court (Civil Jurisdiction) Rules 1998 34\n(aa) where a respondent fails, within 28 days of being served with\nan originating application between parties, to file a notice of\nintention to appear;\n(b) where the Court makes an order under rule 10.04(1)(b),\n16.08(1)(c), 17.07(2) or 32.10(e) permitting the plaintiff or\nother party to proceed as if a notice of defence had not been\nfiled; or\n(c) not later than 28 days after the Court orders a notice of\ndefence be struck out under rule 28.02.\n11.02 Affidavit or declaration required\nAn application under rule 11.01 is to be filed together with:\n(a) in the case where a claim is for a debt or liquidated amount –\nan affidavit or declaration of service of the statement of claim if\nnot previously filed; or\n(aa) in the case of an originating application between parties:\n(i) an affidavit or declaration of service if not previously\nfiled; and\n(ii) an affidavit verifying the particulars set out in the\noriginating application; or\n(b) in any other case:\n(i) an affidavit or declaration of service of the statement of\nclaim if not previously filed; and\n(ii) an affidavit stating the extent to which the claim is\nunsatisfied, made not more than 7 days before the\napplication is filed; and\n(iii) an affidavit verifying the claim and the nature and extent\nof the injury, loss or damage suffered by the plaintiff,\nmade not more than 21 days before the application is\nfiled.\n11.03 Registrar may make order or refer to Judge\n(1) If a registrar is satisfied that an order for default judgment should be\nmade, the registrar may:\n(a) make the order and, where applicable, an order for the\nassessment of damages or value of goods; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 35\n(b) enter judgment to the extent of the order made.\n(2) If a registrar is not satisfied that an order for default judgment\nshould be made, the registrar may:\n(a) direct that a further affidavit or declaration be filed;\n(b) give directions relating to the application;\n(c) refer the matter to a Judge; or\n(d) refuse to make the order.\n(3) Where a registrar refers an application to a Judge, the Judge may:\n(a) make the order sought;\n(b) order that:\n(i) judgment as to liability only be entered; and\n(ii) damages or the value of goods be assessed;\n(c) direct that a further affidavit or declaration be filed;\n(d) give directions relating to the application; or\n(e) refuse to make the order.\n(4) Where a Judge directs that a further affidavit or declaration be filed,\na registrar may make an order for default judgment on the filing of\nthat document.\n11.04 Party may apply for re-hearing\nA party against whom an order for default judgment is made may\napply in accordance with Part 36 for the order to be set aside and\nthe proceedings to be re-heard.\n12.01 Joinder of claims\n(1) Subject to rule 12.04, a plaintiff may join any number of claims\nagainst a defendant whether:\n(a) the plaintiff makes the claims in the same or different\ncapacities; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 36\n(b) the claims are made against the defendant in the same or\ndifferent capacities.\n(2) The Court may order that claims joined in one statement of claim\nare to be heard separately if the Court considers separate hearings\nto be appropriate and convenient.\n(3) Where claims are joined in one statement of claim, the total amount\nclaimed is not to exceed the jurisdiction of the Court.\n12.02 Joinder of parties\n(1) Subject to rule 12.04, a party may join 2 or more persons as\nplaintiffs or defendants in proceedings where, if separate\nproceedings were brought by or against each of them, a common\nquestion of law or fact would arise in all the proceedings.\n(2) A party may join persons as plaintiffs or defendants whether or not:\n(a) all rights to relief are in respect of or arise out of the same\ntransaction or series of transactions; or\n(b) each person is entitled to damages and the damages will need\nto be assessed individually.\n12.03 Plaintiff suing for 2 or more persons\n(1) Two or more persons may commence proceedings by a\nrepresentative where:\n(a) they have a right to the same or substantially the same relief\nagainst the same person; and\n(b) if separate proceedings were brought by each of them against\nthat person in respect of that right, a common question of law\nor fact would arise in all the proceedings.\n(2) Representative proceedings may be brought whether or not:\n(a) all rights to relief are in respect of or arise out of the same\ntransaction or series of transactions; or\n(b) each person is entitled to damages and the damages will need\nto be assessed individually.\n12.04 Orders where joinder prejudicial, &c.\nDespite rules 12.01 and 12.02, where a joinder of claims or parties\nmay:\n(a) embarrass or delay the hearing of proceedings;\n\nLocal Court (Civil Jurisdiction) Rules 1998 37\n(b) cause prejudice to a party; or\n(c) be otherwise inconvenient;\nthe Court may order that:\n(d) there be separate hearings; or\n(e) a claim be excluded; or\n(f) a party be compensated by an award of costs or otherwise for\nbeing required to attend a part of a hearing in which the party\nhas no interest; or\n(g) a party be relieved from attending a part of a hearing in which\nthe party has no interest; or\n(h) a person joined as a party cease to be a party, with or without\nthe condition that the person is to be bound by the\ndetermination of the questions in the proceedings.\n12.05 Removal, addition or substitution of party\nAt any stage of proceedings, the Court may order that:\n(a) a person who is not a proper or necessary party (whether or\nnot the person was a party originally) cease to be a party;\n(b) any of the following persons be added as a party:\n(i) a person who ought to have been joined as a party;\n(ii) a person whose presence before the Court is necessary\nto ensure that all questions in the proceedings are\nproperly and completely determined;\n(iii) a person in respect of whom there may exist a question\narising out of, relating to or connected with a claim in the\nproceedings and it is just and convenient to determine\nthe question between that person and a party as well as\nbetween the parties to the proceedings; or\n(c) a person to whom paragraph (b) refers be substituted for a\nperson to whom paragraph (a) refers.\n12.06 Procedure for addition of party\n(1) A person must consent in writing, or in the manner the Court\norders, to his or her joinder as a plaintiff.\n\nLocal Court (Civil Jurisdiction) Rules 1998 38\n(2) Unless the Court orders otherwise, a person who applies for an\norder that he or she be joined as a party must support the\napplication with an affidavit stating:\n(a) the person's interest in the questions in the proceedings; or\n(b) the question to be determined between the person and a party\nto the proceedings.\n(3) Without limiting rule 12.05(b), where a person who is not a party to\nproceedings for the recovery of land is in possession personally or\nby a tenant of the whole or a part of the land, the Court may order\nthat he or she be joined as a defendant.\n12.07 Consolidation or hearing together\nWhere 2 or more proceedings are before the Court and:\n(a) a common question of law or fact arises in both or all of them;\n(b) the rights to relief claimed in the proceedings are in respect of\nor arise out of the same transaction or series of transactions;\nor\n(c) for any other reason it is desirable to make an order under this\nrule,\nthe Court may order that:\n(d) the proceedings be consolidated;\n(e) the proceedings be heard at the same time or one\nimmediately after the other; or\n(f) any of the proceedings be stayed until after the determination\nof any other of them.\n13.01 When defendant may join third party\nWhere a defendant claims against a person not already a party to\nthe proceedings (in this Part called a third party):\n(a) a contribution or indemnity;\n(b) a relief or remedy relating to or connected with the original\nsubject matter of the proceedings and substantially the same\nas some relief or remedy claimed by the plaintiff; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 39\n(c) that a question relating to or connected with the original\nsubject matter of the proceedings should be determined not\nonly between the plaintiff and the defendant but also between\neither or both of them and the third party,\nthe defendant may join the third party as a party to the proceedings.\n13.02 Third party notice\n(1) A defendant joining a third party must make a claim against the\nthird party by filing and serving a third party notice in accordance\nwith Form 13A.\n(2) A third party notice is to:\n(a) contain a statement of claim;\n(b) have attached a copy of all pleadings in existence at the time\nthe notice is served; and\n(c) be served personally on the third party not later than 28 days\nafter the day on which the defendant serves a notice of\ndefence on the plaintiff under Part 8, unless the Court orders\n(3) A third party becomes a party to proceedings when served with a\nthird party notice.\n13.03 Claim by defendant against another defendant\n(1) A defendant who has a claim against another defendant of a kind\nreferred to in rule 13.01 may make the claim by filing and serving a\nnotice, containing a statement of claim, in accordance with\nForm 13B.\n(2) A defendant who claims against another defendant contribution\nunder section 12 of the Law Reform (Miscellaneous Provisions)\nAct 1956 must file and serve a notice in accordance with Form 13C.\n(3) A notice referred to in subrule (1) or (2) is to be served personally\non the other defendant not later than 28 days after the day on which\nthe claiming defendant is served under Part 8 with a copy of the\nother defendant's notice of defence, unless the Court orders\n(4) A notice filed under this rule need not have a copy of all pleadings\nattached.\n\nLocal Court (Civil Jurisdiction) Rules 1998 40\n(5) This Part applies with the necessary changes to a claim made\nunder this rule as if the defendant had filed and served a third party\nnotice and the defendant joined is a third party under rule 13.01.\n13.04 Subsequent parties\nWith the leave of the Court, a third or subsequent party may make a\nclaim against another person (whether that person is a party to the\nproceedings or not) by filing and serving the appropriate notice\nunder this Part.\n13.05 Plaintiff may join third party\n(1) Where a defendant serves a third party notice on a person, the\nplaintiff may join the person as a defendant.\n(2) If a plaintiff joins a third party as a defendant, the plaintiff must file\nand serve on the third party and the defendant a notice that the\nthird party is joined.\n(3) A third party becomes a defendant to the proceedings on being\nserved with the notice under subrule (2).\n13.06 Defence of third party\nUnless the Court orders otherwise, not later than 28 days after\nbeing served with a third party notice, the third party must file and\nserve on the other parties a notice of defence to the statement of\nclaim in the third party notice.\n13.07 Separate disposal or stay of third party proceedings\nWhere a third party notice is filed and served, the Court may at any\ntime before the plaintiff's claim is determined:\n(a) order that the defendant's claim against the third party or part\nof that claim, or the facts on which the defendant's claim\nagainst the third party or part of that claim is based, be dealt\nwith separately; or\n(b) stay proceedings on the defendant's claim against the third\n13.08 Hearing\nUnless the Court orders otherwise, a third party:\n(a) may attend and take part at the hearing of proceedings,\nincluding cross-examining the plaintiff's witnesses; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 41\n(b) is bound by the result of the hearing.\n13.09 Directions\nWhere a third party files a notice of defence the Court may, either\nbefore or after judgment is entered or given for the plaintiff against\nthe defendant, give the directions necessary to ensure that all\nquestions in the proceedings are effectually and completely\ndetermined.\n13.10 Counterclaim\nThis Part applies with the necessary changes in relation to a\ncounterclaim as if the defendant were the plaintiff and the plaintiff\nwere the defendant.\n14.01 Definitions\napplicant includes a bailiff and a stakeholder.\nbailiff means the person to whom a warrant of execution is\ndirected.\nclaimant means a person making a claim in respect of property in\ndispute.\nexecution creditor means the person for whom a bailiff is\nexecuting a warrant.\nproperty means a debt or other personal property.\nproperty in dispute means property in respect of which there are\ncompeting claims.\nstakeholder means an applicant referred in rule 14.03(1).\nwarrant means a warrant of execution under Chapter 2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 42\n14.02 Purpose of Part\nThe purpose of this Part is to enable:\n(a) a person who is being sued, or expects to be sued, in respect\nof property in dispute in which the person has no interest; or\n(b) a bailiff who has taken or intends to take property in dispute in\nexecution of a warrant,\nto apply to the Court for a determination of the claimants' rights in\nrelation to that property.\nDivision 2 Stakeholder's interpleader\n14.03 Stakeholder's application for interpleader order\n(1) Where a person (not being a bailiff):\n(a) is under a liability in respect of property;\n(b) is being sued, or expects to be sued, in a court in respect of\nthe property by 2 or more persons with competing claims in\nrelation to the property; and\n(c) claims no interest in the property except for charges or costs,\nthe person may apply for an interpleader order under this Part.\n(2) Where there are proceedingsg pending in which the stakeholder is\nbeing sued in respect of the property in dispute, the application for\nan interpleader order is to be made in the proceedings.\n(3) The stakeholder must serve the application for an interpleader\norder personally on each claimant.\n14.04 Notice of claim to bailiff\n(1) Where a bailiff has taken or intends to take property in execution of\na warrant, a person making a claim in respect of the property or the\nproceeds of sale of the property may give the bailiff written notice of\nthe claim.\n(2) A notice of claim under subrule (1) is to:\n(a) be given as soon as practicable after the claimant becomes\naware that the bailiff has taken or intends to take the property;\n\nLocal Court (Civil Jurisdiction) Rules 1998 43\n(b) state the name and address for service of the claimant;\n(c) identify each item of property that is, or the proceeds of sale\nthat are, claimed; and\n(d) state the grounds of the claim.\n14.05 Bailiff's application to stay or restrain proceedings\n(1) Where a claimant who is entitled to give notice under rule 14.04\ndoes not do so within the time referred to in rule 14.04(2)(a), the\nbailiff may apply for an order to:\n(a) restrain the claimant from commencing proceedings in a court;\nor\n(b) stay or restrain the continuance of proceedings in a court by\nthe claimant,\nagainst the bailiff in respect of anything done by the bailiff in\nexecution of the warrant after the time when the person might\nreasonably have given notice.\n(2) An application under this rule is to be:\n(a) made in the proceedings in which the warrant was issued; and\n(b) served personally on the claimant.\n14.06 Notice to execution creditor\n(1) Not later than 7 days after receiving a notice of claim under\nrule 14.04, the bailiff must serve on the execution creditor:\n(a) a copy of the notice; and\n(b) a notice in accordance with Form 14A.\n(2) Not later than 7 days after being served with the notices under\nsubrule (1), the execution creditor may serve on the bailiff a written\nnotice stating that the execution creditor:\n(a) admits the claim;\n(b) disputes the claim; or\n(c) admits part and disputes part of the claim as specified in the\n\nLocal Court (Civil Jurisdiction) Rules 1998 44\n14.07 Consequences of admission of claim\n(1) Where an execution creditor admits a claim to property in dispute:\n(a) the execution creditor is not liable for any fees in respect of\nthat property claimed by the bailiff under the warrant after the\nnotice admitting the claim is served;\n(b) the bailiff must:\n(i) withdraw from possession of that property; or\n(ii) if the property has been sold – pay the proceeds of the\nsale into the Court and notify the execution creditor and\nthe claimant in writing of the payment into the Court; and\n(c) the bailiff may apply for an order to:\n(i) restrain the claimant from commencing proceedings in a\ncourt; or\n(ii) stay or restrain the continuance of proceedings in a court\nby the claimant;\nagainst the bailiff in respect of anything done by the bailiff in\nexecution of the warrant.\n(2) As soon as practicable after receipt of the proceeds of sale under\nsubrule (1)(b)(ii), a registrar must pay out the proceeds to the\nclaimant.\n14.08 Bailiff's application for interpleader order\n(1) If an execution creditor:\n(a) does not serve a notice admitting the whole of a claim within\nthe time specified in rule 14.06(2)(a); or\n(b) serves a notice under rule 14.06(2)(b) or (c) disputing the\nclaim or part of the claim,\nthe bailiff may, if the claimant does not withdraw the claim, apply to\nthe Court for an interpleader order.\n(2) An application under subrule (1) is to be:\n(a) made in the proceedings in which the warrant was issued; and\n(b) served on the execution creditor and each claimant.\n\nLocal Court (Civil Jurisdiction) Rules 1998 45\n14.09 Interpleader orders\nOn application for an interpleader order, the Court may:\n(a) where proceedings in which the applicant is being sued in\nrespect of any of the property in dispute is pending in the\nCourt:\n(i) order that a claimant be added as a defendant in the\nproceedings in addition to or in substitution for the\napplicant; or\n(ii) order that the proceedings be stayed or dismissed;\n(b) order that a question between the claimants be stated and\nheard and direct which of the claimants is to be plaintiff and\nwhich defendant;\n(c) where proceedings in which the applicant is sued in respect of\nany of the property in dispute is pending in another court –\nrestrain the continuance of the proceedings;\n(d) order the applicant to transfer or dispose of any of the property\nin dispute or pay the proceeds from its sale into the Court or\nelsewhere;\n(e) where a claimant claims to be entitled by way of security for\ndebt to any of the property in dispute – make orders for the\nsale of any of the property and for the application of the\nproceeds of sale;\n(f) summarily determine a question of fact or law arising on the\napplication; or\n(g) make the orders or give the judgment it considers appropriate.\n14.10 Neutrality of applicant\n(1) Where a stakeholder applies for an interpleader order, the Court\nmay dismiss the application or give judgment against the\nstakeholder if it is not satisfied that the stakeholder:\n(a) claims no interest in the property in dispute except for charges\nor costs; and\n(b) is not colluding with a claimant.\n\nLocal Court (Civil Jurisdiction) Rules 1998 46\n(2) Where a bailiff applies for an interpleader order, the Court may\ndismiss the application if it is not satisfied that the bailiff:\n(a) claims no interest in the property in dispute except for charges\nor costs; and\n(b) is not colluding with a claimant.\n(3) Nothing in this rule affects the power of the Court generally to\ndismiss an application or give judgment against the stakeholder.\n14.11 Order in several proceedings\n(1) If an applicant applies for an interpleader order and several of the\nproceedings are pending in the Court in respect of any of the\nproperty in dispute, the Court may make the order it considers\nnecessary in relation to each proceeding.\n(2) An order made under subrule (1) is to identify the proceedings to\nwhich it relates and is to be placed on the Court file of each of the\nproceedings identified in the order.\n(3) A registrar must forward a copy of the order to all parties to the\nproceedings to which the order relates.\n14.12 Hearing of interpleader question\nOn the hearing of an application for an interpleader order, the Court\nmay finally determine all questions arising out of the application.\n14.13 Default by claimant\n(1) Where a claimant:\n(a) has been given notice of the hearing of an application for an\ninterpleader order and fails to attend the hearing; or\n(b) fails to comply with an order made at the hearing of the\napplication,\nthe Court may order that the claimant and all persons claiming\nunder the claimant be barred from prosecuting the claimant's claim\nagainst the applicant and all persons claiming under the applicant.\n(2) An order under subrule (1) does not affect the rights of the\nclaimants between themselves.\n\nLocal Court (Civil Jurisdiction) Rules 1998 47\n14.14 Bailiff's costs when decision against claimant\nWhere a bailiff applies for an interpleader order and the claim to the\nproperty in dispute is decided against the claimant, the costs of the\nbailiff in respect of the application are to be retained by the bailiff\nout of the proceeds of sale on execution of the warrant unless:\n(a) the execution creditor requests the Court to order that the\ncosts be paid by the claimant, and the Court so orders; or\n(b) the Court orders otherwise.\n15.01 Definition\nIn this Part, person under a disability means:\n(a) an infant; or\n(b) a person who is incapable because of age, injury, disease,\nsenility, illness or physical or mental infirmity of managing his\nor her affairs in relation to proceedings.\n15.02 Litigation guardian\n(1) Except where provided otherwise by or under an Act, a person\nunder a disability may only commence or defend proceedings by\nhis or her litigation guardian.\n(2) A statement of claim or notice of defence filed by a litigation\nguardian is to state that the proceedings are commenced or\ndefended by the litigation guardian on behalf of the person under a\ndisability.\n(3) Except where these Rules provide otherwise, anything that is\nrequired or permitted by these Rules to be done by a party who is a\nperson under a disability is required or permitted to be done by the\nparty's litigation guardian.\n(4) Where a party has a litigation guardian in proceedings, no other\nperson may act as the litigation guardian of that party unless the\n\nLocal Court (Civil Jurisdiction) Rules 1998 48\n15.03 Person who may be litigation guardian\n(1) A person may be the litigation guardian of a person under a\ndisability if he or she:\n(a) is not a person under a disability; and\n(b) has no interest in the proceedings adverse to that of the\nperson under a disability.\n(2) Where a person is authorised by a law in force in the Territory to\nconduct legal proceedings in the name of or on behalf of a person\nunder a disability, he or she is entitled to be the litigation guardian\nof a person under a disability in proceedings to which his or her\nauthority extends, unless the Court orders otherwise.\n15.04 Consent of litigation guardian\n(1) Except where a litigation guardian is appointed by the Court, the\nname of a person may not be used in proceedings as the litigation\nguardian of a person under a disability unless there is first filed the\nwritten consent of the person to be the litigation guardian.\n(2) A consent filed under subrule (1) is to contain:\n(a) a statement detailing the reason why the proposed party is a\nperson under a disability; and\n(b) a declaration that the proposed litigation guardian has no\ninterest in the proceedings adverse to that of the person under\na disability.\n15.05 Appointment, &c., of litigation guardian by Court\n(1) If a party to proceedings becomes a person under a disability after\nthe proceedings are commenced, the Court must appoint a litigation\nguardian of that party.\n(2) Before appointing a litigation guardian under subrule (1), the Court\nmay review the conduct of the proceedings and make the orders it\nconsiders necessary to ensure that justice is done between the\n(3) Where a party who is a person under a disability fails to file a notice\nof defence when required to do so by an order of the Court or these\nRules, the Court may order the appointment of a litigation guardian\nto defend the proceedings.\n\nLocal Court (Civil Jurisdiction) Rules 1998 49\n(4) Where the interests of a party who is a person under a disability\nrequire it, the Court may appoint or remove a litigation guardian or\nsubstitute another person as litigation guardian of the party.\n15.06 Pleading admissions by person under disability\nA person under a disability is not be taken as admitting the truth of\nan allegation of fact made in the pleadings of another party unless\nthe person under a disability states in his or her pleadings that the\nallegation is admitted.\n15.07 Litigation guardian liable for costs\nA litigation guardian is liable for costs in the same manner and to\nthe same extent as if he or she were the plaintiff or the defendant in\nthe proceedings.\n15.08 Court to approve compromise, &c.\n(1) Where a claim is made in proceedings by, on behalf of or against a\nperson under a disability, no compromise, payment of money or\nacceptance of an offer of compromise under Part 20, whenever\nentered into or made, is, so far as it relates to the claim, valid\nwithout the approval of the Court.\n(2) Subject to subrule (3), an application for approval referred to in\nsubrule (1) is to be filed not later than 28 days after the\ncompromise, payment or acceptance is entered into, made or\ngiven.\n(3) If an application for approval is made at the hearing of proceedings,\nthe Court may dispense with the requirement of subrule (2).\n(4) At the hearing of an application for approval, evidence is to be\ngiven of:\n(a) the date of the compromise, payment or acceptance;\n(b) the date of birth of the person under a disability; and\n(c) the signature of the litigation guardian.\n(5) The compromise, payment or acceptance is to be taken to have\nbeen entered into, made or given at the time of approval by the\n\nLocal Court (Civil Jurisdiction) Rules 1998 50\n15.09 Order approving compromise, &c.\n(1) An order under rule 15.08 approving a compromise by which\nmoney is to be paid by or to a person under a disability is to be in\naccordance with Form 15A or 15B, whichever is appropriate.\n(2) An order approving a compromise or payment of money is to state\nthe dates referred to in rules 15.08(4)(a) and (b).\n15.10 Money to be paid to Public Trustee\n(1) Unless the Court orders otherwise, all money or damages received\nby or awarded to a person under a disability by a judgment of the\nCourt or by compromise or settlement is to be paid to the Public\nTrustee not later than 14 days after judgment is given or the order\ngiving approval is made.\n(2) The Court may order the Public Trustee to pay money held on\nbehalf of a person under a disability to a person specified in the\n15.11 Counterclaim or claim by third party\nThis Part applies with the necessary changes to:\n(a) a counterclaim against a person under a disability who is\njoined as a defendant to the counterclaim; and\n(b) a claim by a third party notice by or on behalf of or against a\nperson under a disability.\n15.12 Legal practitioner's lien\nNothing in this Part affects the lien of a legal practitioner for costs.\n16.01 Party to give discovery\n(1) At the time of filing their respective statement of claim, originating\napplication or notice of defence, each party must give discovery of\ndocuments by:\n(a) making and filing a list of the documents:\n(i) that are or have been in the party's possession; and\n(ii) that relate to a matter in question between the parties in\nthe proceedings; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 51\n(b) serving a copy of the list on each other party.\n(2) A party to whom discovery of documents is to be given may serve\non a party who must give discovery a notice in accordance with\nForm 16A requiring that party to make an affidavit verifying his or\nher list of documents.\n(3) A party on whom a notice is served under subrule (2) must, not\nlater than 14 days after service of the notice:\n(a) make and file an affidavit in compliance with the notice; and\n(b) serve a copy of the affidavit on the party who served the\n16.02 List of documents\n(1) A list of documents is to be in accordance with Form 16B and is to:\n(a) identify the documents that are or have been in the\npossession of the party making the list;\n(b) enumerate the documents in convenient order and:\n(i) describe each document sufficiently to enable it to be\nidentified; or\n(ii) in the case of a group of documents of the same\nnature – describe the group sufficiently to enable it to be\nidentified;\n(c) distinguish those documents that are in the possession of the\nparty making the list from those that have been but are no\nlonger in the party's possession and, where a document has\nbeen but is no longer in the party's possession, state when the\ndocument was last in the party's possession and his or her\nbelief as to what has become of it; and\n(d) if the party making the list claims that a document in the\nparty's possession is privileged from production – state\nsufficiently the grounds of the privilege.\n(2) It is not necessary to identify, enumerate or describe\ncorrespondence between the legal practitioners for the parties.\n(3) A document is not privileged from production on the sole ground\nthat it:\n(a) relates exclusively to the party making the list of documents\nand does not tend to impeach that party's case; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 52\n(b) does not tend to support the other party's case.\n16.03 Continuing discovery\n(1) Subject to an order of the Court, a party must continue to give\ndiscovery of documents in accordance with this Part until the\ncommencement of the hearing of the proceedings.\n(2) Discovery is to be given:\n(a) not later than 14 days after a document comes into a party's\npossession; or\n(b) where a document comes into a party's possession less than\n28 days before a conciliation conference or prehearing\nconference – as soon as practicable after the document\ncomes into the party's possession.\n16.04 Request for inspection\n(1) A party may, either orally or in accordance with Form 16C, request\nanother party to produce for inspection a document in the other\nparty's possession referred to:\n(a) in the other party's list of documents; or\n(b) in a statement of claim, notice of defence, affidavit or other\ndocument provided by the other party.\n(2) A party who requests inspection of a document before the\nconciliation conference referred to in rule 32.01(1) must do so in\nsufficient time to enable inspection to occur before the conciliation\nconference.\n16.05 Production\n(1) Subject to subrule (2), a party requested to produce a document\nmust, not later than 7 days after the request, produce the document\nfor inspection at a place within 15 kilometres of the registry in which\nthe statement of claim was filed, unless the parties agree otherwise\nor the Court orders otherwise.\n(2) A party requested to produce a document is not required to do so if:\n(a) the party:\n(i) claims that the document is privileged from production;\nand\n\nLocal Court (Civil Jurisdiction) Rules 1998 53\n(ii) makes and serves on the other party an affidavit in\nwhich the party makes that claim and states sufficiently\nthe grounds of the privilege; or\n(b) the document is not in the party's possession and he or she\nmakes and serves on the other party an affidavit in which he\nor she states that fact and states to the best of his or her\nknowledge, information and belief:\n(i) where the document is and in whose possession it is;\nand\n(ii) if the document has been but is no longer in the party's\npossession – when the document was last in the party's\npossession, and his or her belief as to what has become\nof it.\n16.06 Copies of documents\n(1) A party to whom documents are produced for inspection may take\ncopies of the documents.\n(2) For the purpose of subrule (1), taking a copy of a document\nincludes photocopying the document.\n(3) If the party to whom a document is produced states that he or she\nwishes to have it photocopied, the party producing the document\nmust, at his or her option:\n(a) allow the other party to photocopy the document at a place\nagreed by the parties; or\n(b) supply the other party with a photocopy of the document.\n(4) Unless the Court orders otherwise, the cost of a photocopy of a\ndocument supplied to a party in accordance with subrule (3) is to:\n(a) be borne by that party in the first instance and is ultimately to\nbe a cost in the proceedings; and\n(b) be ascertained in accordance with Part 38 or as agreed by the\n\nLocal Court (Civil Jurisdiction) Rules 1998 54\n16.07 Audio and visual devices, &c.\n(1) Where a party is entitled to inspect a document that consists of a\ndevice such as a video tape, audio tape, disc, film or other means\nof recording, the Court may give directions for the screening or\nplaying of the device and for the making by or supply to the party of:\n(a) a transcript of the recording in so far as it can be transcribed;\nor\n(b) a copy of the recording.\n(2) Where a party is entitled to inspect a document that consists of\ninformation that has been processed by or is stored in a computer,\nthe Court may give directions for making the information available.\n16.08 Failure to give discovery or allow inspection\n(1) Where a party fails to give discovery or to allow inspection of\ndocuments in accordance with this Part, the Court may:\n(a) order the party to give discovery or allow inspection;\n(b) if the party is a plaintiff or other party claiming relief – strike\nout the claim; or\n(c) if the party is a defendant or other party against whom relief is\nclaimed – make an order permitting the party claiming the\nrelief to proceed as if a notice of defence had not been filed.\n(2) Where a party applies for an order under subrule (1) and the other\nparty claims that the document is privileged from production or\nobjects to production on another ground, the Court may inspect the\ndocument to decide the validity of the claim or objection.\n(3) An application for an order under this rule is to be filed and served\nnot later than 28 days before the date fixed for the hearing of the\n17.01 When interrogatories allowed\n(1) A party may serve on another party interrogatories relating to a\nmatter in question between them in the proceedings:\n(a) with the consent in writing of the party to be interrogated; or\n(b) with the leave of the Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 55\n(2) An application for leave to serve interrogatories is to be made not\nlater than 28 days after the day on which the notice of defence is\nfiled, unless the Court orders otherwise.\n(3) An interrogating party may serve further interrogatories with the\nleave of the Court.\n(4) A party who serves interrogatories must file a copy of them without\ndelay.\n17.02 Statement where multiple parties interrogated\nIf interrogatories are to be answered by 2 or more parties, the\ninterrogating party must state in the document containing the\ninterrogatories which of the interrogatories each party is required to\nanswer.\n17.03 Form, serving and filing of answers\nA party on whom interrogatories are served must, not later than\n28 days after service:\n(a) answer the interrogatories in an affidavit that consolidates\neach question with the relevant answer;\n(b) serve the affidavit on the party who served the interrogatories;\nand\n(c) file a copy of the affidavit.\n17.04 Answers to interrogatories\n(1) Subject to rule 17.05, a party who is interrogated must answer each\ninterrogatory in accordance with this rule.\n(2) A party must make all reasonable enquiries to enable him or her to\nprovide a proper answer to each interrogatory.\n(3) A party must answer:\n(a) specifically, by answering the substance of the interrogatory\nwithout evasion; and\n(b) from his or her own knowledge of the fact or matter that is\nenquired after or, if the party has no such knowledge, subject to\nsubrule (7), from a belief as to the fact or matter, irrespective of\nthe source of the information from which the belief is formed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 56\n(4) Where a party has no personal knowledge of the fact or matter\nenquired after, for the purpose of enabling himself or herself to form\na belief as to the fact or matter, the party must make all reasonable\nenquiries to determine:\n(a) whether a person has knowledge of the fact or matter that was\nacquired by the person in the capacity of the party's employee\nor agent; and\n(b) if so – what that knowledge is.\n(5) A party must make the enquiries referred to in subrule (4) despite\nthe fact that at the time the party is required to answer the\ninterrogatory a person having the relevant knowledge has ceased\nto be an employee or agent.\n(6) A party who has no knowledge of the fact or matter enquired after is\ntaken not to have a belief as to the fact or matter if:\n(a) he or she has no information relating to the fact or matter on\nwhich to form a belief; or\n(b) where the party has such information – he or she has no belief\nthat the information is true.\n(7) A party is not required to answer from his or her belief where the\nbelief is formed on information that the party could not, on the\nground of privilege, be compelled to disclose.\n(8) If the party interrogated is a corporation, this rule applies with the\nnecessary changes as if:\n(a) the person who answers the interrogatories on behalf of the\ncorporation were the party; and\n(b) the reference in subrule (4)(a) to an employee or agent of the\nparty were a reference to an employee or agent of the\ncorporation.\n17.05 Objections\n(1) A party may object to answering an interrogatory on any of the\nfollowing grounds:\n(a) the interrogatory does not relate to a question in issue\nbetween the parties;\n(b) the interrogatory is unclear, vague or too wide;\n(c) the interrogatory is oppressive;\n\nLocal Court (Civil Jurisdiction) Rules 1998 57\n(d) the interrogatory requires the party to express an opinion that\nthe party is not qualified to give;\n(e) privilege, stating sufficiently the grounds of privilege;\n(f) any other ground on which objection may be taken.\n(2) Without limiting subrule (1)(a), an interrogatory that does not relate\nto a question in issue between the parties includes an interrogatory\nthe sole purpose of which is to:\n(a) impeach the credit of the party being interrogated;\n(b) enable the interrogating party to ascertain whether he or she\nhas a claim or defence other than the claim or defence raised\nin the proceedings; or\n(c) enable the interrogating party to ascertain the evidence by\nwhich the party being interrogated intends to prove his or her\ncase, including the identity of witnesses.\n(3) A party is not entitled to object to answering an interrogatory on the\nground that he or she cannot answer without going to a place that is\nnot the party's usual place of residence or business if the\ninterrogating party undertakes to pay the party's reasonable cost of\ngoing there, unless the Court orders otherwise.\n(4) Where a party objects to answering an interrogatory, the party must\nstate the grounds for making the objection and the facts, where\napplicable, on which the objection is based.\n17.06 Who to answer\n(1) Interrogatories are to be answered:\n(a) if the person on whom the interrogatories are served is:\n(i) a natural person – by the person; or\n(ii) a corporation – by an officer of the corporation or a\nperson authorised by the corporation to answer; or\n(b) by the person the Court directs to do so.\n(2) The answers of a person directed under subrule (1)(b) to answer\ninterrogatories are as effective and binding as if made by the party\non whom the interrogatories were served.\n\nLocal Court (Civil Jurisdiction) Rules 1998 58\n17.07 Failure to answer\n(1) If a plaintiff or other party claiming relief fails to answer\ninterrogatories, the Court may strike out the claim.\n(2) If a defendant or other party against whom relief is claimed fails to\nanswer interrogatories, the Court may make an order permitting the\nparty claiming relief to proceed as if a notice of defence had not\nbeen filed.\n(3) An application for an order under this rule is to be filed and served\nnot later than 28 days before the date fixed for hearing of the\n17.08 Answers as evidence\n(1) On an application in proceedings or at the hearing of proceedings,\na party may tender as evidence:\n(a) one or more answers to interrogatories without tendering the\nother answers; or\n(b) part of an answer to an interrogatory without tendering the\nwhole of the answer.\n(2) On the tender of an answer to an interrogatory under subrule (1),\nthe Court may look at the whole of the answers and, if another\nanswer or a part of an answer is so connected with the matter\ntendered that the matter tendered ought not to be used without the\nother answer or part, the Court may reject the tender unless the\nother answer or part is also tendered.\nPart 18 Preliminary discovery and discovery from\nnon-party\n18.01 Definitions\napplicant means an applicant for an order under this Part.\ndescription includes the name, place of residence, place of\nbusiness, occupation and sex of the person against whom the\napplicant desires to bring proceedings and whether the person is an\nindividual or a corporation.\n\nLocal Court (Civil Jurisdiction) Rules 1998 59\n18.02 Privilege\nAn order made under this Part does not operate to require the\nperson against whom the order is made to produce a document that\non the ground of privilege the person could not be required to\nproduce:\n(a) in the case of an order under rule 18.03 or 18.05 – if the\napplicant had commenced proceedings against the person;\n(b) in the case of an order under rule 18.04 or 18.06 – if the\napplicant had made the person a party to the proceedings; or\n(c) in the case of an order made under rule 18.07 – if the person\nhad been served with a summons for production of the\ndocument at the hearing of the proceedings.\n18.03 Ascertaining description of prospective defendant\nIf:\n(a) an applicant, having made reasonable enquiries, is unable to\nascertain the description of a person sufficiently to enable the\napplicant to commence a proceeding against the person (in\nthis rule called the person concerned); and\n(b) it appears that a person:\n(i) has or is likely to have knowledge of facts; or\n(ii) has or is likely to have, or has had or is likely to have\nhad, in his or her possession a document or thing,\ntending to assist in the ascertainment of the description of the\nperson concerned,\nthe Court may order that the person must:\n(c) produce to the Court a document or thing in the person's\npossession that relates to the description of the person\nconcerned;\n(d) attend before the Court to be orally examined in relation to the\ndescription of the person concerned or a document or thing\nproduced to the Court under paragraph (c); or\n(e) give discovery to the applicant of all documents relating to the\ndescription of the person concerned that are, or have been, in\nthe person's possession.\n\nLocal Court (Civil Jurisdiction) Rules 1998 60\n18.04 Party may ascertain description of non-party\nRule 18.03 applies with the necessary changes where:\n(a) the applicant is a party to proceedings and wishes to make a\nclaim against a person who is not a party to proceedings; and\n(b) the claim is one that the applicant could properly have made\nhad the person been a party.\n18.05 Discovery from prospective defendant\n(a) there is reasonable cause to believe that the applicant has or\nmay have the right to obtain relief in the Court from a person\nwhose description the applicant has ascertained;\n(b) after making all reasonable enquiries, the applicant has not\nsufficient information to enable the applicant to decide whether\nto commence proceedings to obtain the relief; and\n(c) there is reasonable cause to believe that the person has or is\nlikely to have, or has had or is likely to have had, in the\nperson's possession a document relating to the question\nwhether the applicant has the right to obtain the relief and that\ninspection of the document by the applicant would assist the\napplicant to make the decision,\nthe Court may order that the person must give discovery of the\ndocument to the applicant.\n18.06 Discovery from non-party relating to relief\nRule 18.05 applies with the necessary changes where:\n(a) the applicant is a party to proceedings;\n(b) there is reasonable cause to believe that the applicant has or\nmay have the right to obtain relief from a person who is not a\nparty to the proceedings; and\n(c) the applicant could properly have claimed relief from the\nperson had the person been a party.\n18.07 Discovery from non-party relating to question\n(a) the applicant is a party to proceedings; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 61\n(b) it appears that a person who is not a party to the proceedings\nhas or is likely to have, or has had or is likely to have had, a\ndocument in his or her possession that relates to a question in\nthe proceedings,\nthe Court may order that the person must give discovery of the\ndocument to the applicant.\n18.08 Procedure\n(1) An application under rule 18.03, 18.04, 18.05, 18.06 or 18.07 is to\nbe made under Part 25 by an application:\n(a) served personally on the person against whom the order is\nsought; and\n(b) served on each party to the proceedings (where applicable).\n(2) An application under subrule (1) is to be supported by an affidavit:\n(a) stating the facts on which the application is made; and\n(b) describing the documents or a class of documents in respect\nof which the order is sought.\n(3) A copy of the supporting affidavit is to be served on each person on\nwhom the application is served.\n18.09 Inspection of documents\n","sortOrder":8},{"sectionNumber":"Part 16","sectionType":"part","heading":"applies with the necessary changes to the inspection of","content":"Part 16 applies with the necessary changes to the inspection of\ndocuments referred to in a list of documents made and served\nunder this Part as if the list were a list of documents referred to in\nPart 16.\n18.10 Costs\n(1) On an application under this Part, the Court may make an order for\nthe costs and expenses of:\n(a) the applicant;\n(b) the person against whom the order is sought or made; or\n(c) a party to the proceedings,\nincluding the costs of making and serving a list of documents and\nproducing a document for inspection.\n\nLocal Court (Civil Jurisdiction) Rules 1998 62\n(2) The Court may include in an order made under this Part a condition\nthat the applicant give security for the costs and expenses of the\nperson against whom the order is made.\n19.01 Definition\nIn this Part, authenticity of a document means that a document:\n(a) is what it purports to be;\n(b) if it is an original or is described as such – is an original\ndocument and was printed, written, signed or executed as it\npurports to have been; or\n(c) if it is a copy or is described as such – is a true copy.\n19.02 Restrictive effect of admission\nAn admission in proceedings made by a party under this Part is for\nthe purpose of those proceedings only and is not to be used against\nthe party as an admission in any other proceedings.\n19.03 Admission of debt\n(1) A party may admit a debt by filing and serving on the other party a\nnotice of admission of debt in accordance with Form 19A.\n(2) On the filing of a notice of admission of debt, the Court must enter\njudgment against the party who made the admission.\n19.04 Voluntary admission of facts\n(1) A party may admit facts in favour of another party by filing and\nserving on the other party a notice of admission of the facts\nspecified in the notice.\n(2) A notice referred to in subrule (1) is to be in accordance with\nForm 19B.\n(3) With the leave of the Court, a party may withdraw an admission\nmade under this rule.\n19.05 Notice to dispute facts\n(1) A party may file and serve on another party a notice stating that\nunless the other party, within the time expressed in the notice\n(being not less than 14 days after service), disputes the facts\nspecified in the notice that party will be taken to admit the facts.\n\nLocal Court (Civil Jurisdiction) Rules 1998 63\n(2) A notice to dispute facts referred to in subrule (1) is to be in\naccordance with Form 19C.\n(3) A party served with a notice under subrule (1) may dispute facts\nspecified in the notice by filing and serving, within the time\nexpressed in that notice, a notice in accordance with Form 19D.\n(4) If a party served with a notice under subrule (1) does not dispute a\nfact, the party is taken to admit that fact.\n(5) With the leave of the Court, a party may withdraw an admission that\nis taken to have been made under subrule (4).\n19.06 Notice to dispute authenticity of documents\n(1) A party may file and serve on another party a notice stating that\nunless the other party, within the time expressed in the notice\n(being not less than 14 days after service), disputes the authenticity\nof the documents specified in the notice that party will be taken to\nadmit their authenticity.\n(2) A notice to dispute the authenticity of documents referred to in\nsubrule (1) is to be in accordance with Form 19E.\n(3) A party served with a notice under subrule (1) may dispute the\nauthenticity of documents specified in the notice by filing and\nserving, within the time expressed in that notice, a notice in\naccordance with Form 19F.\n(4) If a party served with a notice under subrule (1) does not dispute\nthe authenticity of a document, the party is taken to admit its\nauthenticity.\n(5) With the leave of the Court, a party may withdraw an admission that\nis taken to have been made under subrule (4).\n19.07 Costs of proof\nWhere a party:\n(a) serves a notice under rule 19.05(3) disputing a fact and later\nthe fact is proved in the proceedings; or\n(b) serves a notice under rule 19.06(3) disputing the authenticity\nof a document and later its authenticity is proved in the\nproceedings,\nthe party must pay the costs of proof unless the Court orders\n\nLocal Court (Civil Jurisdiction) Rules 1998 64\n19.08 Judgment on admission\n(1) Where a party makes an admission of fact in proceedings, whether\nby the party's pleading or otherwise, the Court may, on the\napplication of another party, give the judgment or make the order to\nwhich the applicant is entitled on the admission.\n(2) The Court may exercise the powers under subrule (1) whether or\nnot there are other questions to be determined in the proceedings.\n20.01 Definitions\nclaim includes a counterclaim and a claim made under Part 13.\ncontribution claim means a claim by a defendant to recover\ncontribution or indemnity against a person (whether a defendant or\nnot) in respect of a claim for a debt or damages made by a plaintiff.\ndefendant includes a defendant to a counterclaim and a party\nagainst whom a claim is made under Part 13.\nparty means the plaintiff or defendant.\nplaintiff includes a defendant who serves a counterclaim and a\nparty who makes a claim under Part 13.\n20.02 Party may make offer\n(1) At any time before judgment in proceedings, a party may serve on\nthe other party an offer of compromise of the plaintiff's claim on the\nterms specified in the offer.\n(2) For the purposes of this Division, an offer of compromise is to:\n(a) be in writing and prepared in accordance with rule 3.05; and\n(b) contain a statement that the offer is made in accordance with\nthis Division.\n(3) A party may make more than one offer of compromise to the other\n\nLocal Court (Civil Jurisdiction) Rules 1998 65\n20.03 Acceptance of offer\n(1) An offer of compromise is open for acceptance at any time after\n(2) Not later than 3 days after being served with an offer of\ncompromise, the party served must serve on the party making the\noffer an acknowledgement of service of the offer.\n(3) A party may withdraw an offer of compromise at any time before\nacceptance by serving a notice in writing on the other party.\n(4) A party may accept an offer of compromise at any time before\njudgment or withdrawal of the offer by serving a notice of\nacceptance on the party making the offer.\n(5) Where a plaintiff accepts a defendant's offer of compromise in\naccordance with subrule (4), unless the Court orders otherwise or\nthe parties agree otherwise:\n(a) the defendant must pay the plaintiff's costs in respect of the\nclaim to and including the day on which the offer was served;\nand\n(b) the plaintiff must pay the defendant's costs from the date\n7 days after the day on which the offer was served to the date\nof acceptance.\n(6) Where a defendant accepts a plaintiff's offer of compromise in\naccordance with subrule (4), unless the Court orders otherwise or\nthe parties agree otherwise:\n(a) the defendant must pay the plaintiff's costs in respect of the\nclaim to and including the day on which the offer was served;\nand\n(b) the Court may make the orders it considers appropriate in\nrespect of costs incurred after the offer was served.\n(7) If an offer of compromise contains a term that purports to negative\nor limit the operation of subrule (1), (5) or (6), the offer has no effect\nunder this Division.\n20.04 Effect of offer\nAn offer of compromise made in accordance with this Division is to\nbe taken as an offer of compromise made without prejudice unless\nthe offer states otherwise.\n\nLocal Court (Civil Jurisdiction) Rules 1998 66\n20.05 No disclosure of offer to Court\n(1) A document filed in the Court is not to contain a statement that an\noffer of compromise has been made.\n(2) If an offer of compromise is not accepted, no communication with\nrespect to the offer may be made to the Court at the hearing of the\nproceedings until after all questions of liability and the relief to be\ngranted are determined.\n(3) Subrules (1) and (2) do not apply where an offer of compromise\nstates that it is not a without prejudice offer.\n20.06 Order in terms of accepted offer\nEither party may apply to the Court for an order in the terms of an\noffer of compromise that has been accepted.\n20.07 Costs consequences of failure to accept\n(1) This rule applies to an offer of compromise that has not been\naccepted at the time of judgment.\n(2) If:\n(a) a defendant does not accept an offer of compromise made by\na plaintiff; and\n(b) the plaintiff obtains a judgment on the claim to which the offer\nrelates that is equal to or more than the offer made,\nthe plaintiff is entitled to an order that the defendant must pay the\nplaintiff's costs in respect of the claim from the date of service of the\noffer, to be taxed or agreed on an indemnity basis, unless the Court\norders otherwise.\n(3) If:\n(a) a plaintiff does not accept an offer of compromise made by a\ndefendant; and\n(b) the plaintiff obtains a judgment on the claim to which the offer\nrelates that is equal to or less than the offer made,\nunless the Court orders otherwise:\n(c) the plaintiff is entitled to an order that the defendant must pay\nthe plaintiff's costs in respect of the claim to and including the\nday on which the offer was served, to be taxed or agreed on a\nstandard basis; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 67\n(d) the defendant is entitled to an order that the plaintiff must pay\nthe defendant's costs in respect of the claim after the offer\nwas served, to be taxed or agreed on an indemnity basis.\n20.08 Multiple defendants\n(1) Where 2 or more defendants are joined in proceedings in respect of\na claim for a debt or damages and rights of contribution or\nindemnity appear to exist between them, one or more of the\ndefendants may make an offer of compromise of:\n(a) the plaintiff's claim; and\n(b) the claims of all the other defendants for contribution or\nindemnity.\n(2) An offer of compromise under subrule (1) is to be:\n(a) made on behalf of all the defendants; and\n(b) served on the plaintiff and all other defendants.\n(3) If the defendant's offer is not accepted and the judgment is equal to\nor less than the defendant's offer, unless the Court orders\notherwise, the defendant is entitled to an order that:\n(a) the plaintiff; or\n(b) one or more of the other defendants, as the Court determines,\nmust pay the defendant's costs in respect of the claim, commencing\n7 days after the day on which the offer was served, to be taxed or\nagreed on a standard basis.\n(4) Where 2 or more defendants are joined in proceedings in respect of\na claim for debt or damages and rights of contribution or indemnity\nappear to exist between them, the plaintiff may make an offer of\ncompromise of the plaintiff's claim against all of them.\n(5) The plaintiff must serve an offer of compromise under subrule (4)\non all the defendants.\n(6) If the plaintiff's offer is not accepted and the judgment is equal to or\nmore than the offer, the Court may make the orders for costs it\nconsiders appropriate against some or all of the defendants.\n\nLocal Court (Civil Jurisdiction) Rules 1998 68\n20.09 Offer to contribute\n(1) Where a defendant makes a contribution claim, a party to the\ncontribution claim may serve on any other party to the contribution\nclaim an offer to contribute toward a compromise of the plaintiff's\nclaim on the terms specified in the offer.\n(2) The Court may take an offer to contribute into account in\ndetermining whether to make an order that the party on whom the\noffer to contribute was served should pay the whole or part of:\n(a) the costs of the party who made the offer; or\n(b) the costs that the party who made the offer is liable to pay to\nthe plaintiff.\n(3) Rules 20.04 and 20.05 apply with the necessary changes to an\noffer to contribute as if it were an offer of compromise.\n20.10 Interest on offer of compromise\nIn considering the effect of an offer of compromise, the Court must\nnot take into account interest that accrued on the claim the subject\nof the offer after the date of service of the offer.\n20.11 Where tender before action pleaded\nA defendant who pleads or otherwise raises a defence of tender\nbefore action must pay into the Court the sum of money alleged to\nhave been tendered, unless the Court orders otherwise.\n20.12 Paying money into Court\nA defendant may pay money into the Court in answer to a claim or\nin addition to money previously paid into the Court under this\nDivision.\n20.13 Notice of deposit\nOn paying money into the Court under this Division, a defendant\nmust:\n(a) file a notice of deposit in accordance with Form 20A; and\n(b) immediately serve a copy of the notice of deposit on the\nplaintiff.\n\nLocal Court (Civil Jurisdiction) Rules 1998 69\n20.14 Withdrawal by defendant\n(1) Subject to subrule (2), and with the leave of the Court, a defendant\nmay withdraw the whole or a part of the money he or she paid into\nthe Court under this Division.\n(2) A defendant is not entitled to withdraw money after the money is\naccepted by the plaintiff.\n(3) A withdrawal under subrule (1) is to be made by filing a notice of\nwithdrawal of deposit in accordance with Form 20B.\n(4) On the filing of a notice of withdrawal of deposit, the defendant is\nentitled to receive payment of the money withdrawn.\n(5) A notice of withdrawal of deposit is to be served on the plaintiff\nimmediately after the notice is filed.\n20.15 Acceptance by plaintiff\n(1) A plaintiff served with a notice of deposit may, in accordance with\nthis rule, accept money paid into the Court in satisfaction of the\nclaim in respect of which the defendant paid the money into the\n(2) Where a defendant files a notice of deposit in answer to a claim\nbefore the beginning of the hearing of the proceedings, the plaintiff\nmay accept the money in satisfaction of the claim:\n(a) not later than 14 days after service of that notice on the\nplaintiff; and\n(b) before the beginning of the hearing,\nby filing and serving a notice of acceptance in accordance with\nForm 20C.\n(3) Where a defendant:\n(a) files a notice of deposit in answer to a claim after the\nbeginning of the hearing of the proceedings; or\n(b) by a notice in accordance with Form 20D served on the\nplaintiff after the hearing begins, confirms a notice of deposit,\nthe plaintiff may, subject to subrule (4), accept the money in\nsatisfaction of the claim not later than 2 days after service on him or\nher of the relevant notice by:\n(c) announcement to the Court during the hearing; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 70\n(d) filing a notice of acceptance in accordance with Form 20C on\nthe day of the announcement.\n(4) A plaintiff is not entitled to accept money under subrule (3) after the\nJudge gives his or her decision or begins to give his or her reasons\nfor decision.\n(5) A defendant who serves notice of confirmation under subrule (3)(b)\nmust file the notice on the day of service.\n(6) Where a plaintiff sues in respect of more than one claim and he or\nshe accepts money paid into the Court in answer to one or more of\nthe claims, but not all of them, the plaintiff may, by filing a notice\n(which may be combined with his or her notice of acceptance),\nabandon all causes of action other than the cause or causes of\naction to which the acceptance relates.\n(7) Where a plaintiff sues 2 or more defendants in a claim against them\njointly and he or she accepts money paid into the Court by one or\nmore but not all of those defendants in answer to the claim, the\nplaintiff may, by filing a notice (which may be combined with his or\nher notice of acceptance), abandon his or her claim against the\nother defendant or all those other defendants.\n(8) Subject to rule 20.17, a plaintiff who accepts money under this rule\nis entitled to receive payment of the money without an order of the\n20.16 Effect of acceptance\n(1) Where a plaintiff accepts money paid into the Court in satisfaction\nof a claim against a defendant paying money into the Court, the\nproceedings are stayed in relation to:\n(a) the claim against the defendant;\n(b) an alternative claim against the defendant or some other\ndefendant; and\n(c) if the defendant, in paying the money into the Court, had taken\ninto account a counterclaim referred to in rule 20.20(2) – the\ncounterclaim against the plaintiff.\n(2) Where a defendant pays money into the Court in answer to a claim\nand the plaintiff accepts the money in satisfaction of the claim\nagainst the defendant, the liability of another person (whether a\nparty to the proceedings or not) jointly with the defendant in respect\nof the claim is satisfied to the extent of the amount of the money\naccepted and is discharged by the acceptance only to that extent.\n\nLocal Court (Civil Jurisdiction) Rules 1998 71\n20.17 Order for payment out after acceptance\n(1) Where a plaintiff accepts money paid into the Court in satisfaction\nof a claim in the following circumstances, the money is to be paid\nout only by order of the Court:\n(a) where the money was paid into the Court in answer to a claim\nto which the defendant making the payment properly raised a\ndefence of tender before the commencement of the\nproceedings;\n(b) where the plaintiff accepts the money after the beginning of\nthe hearing of the proceedings;\n(c) where the plaintiff is a person under a disability.\n(2) On an application for an order under subrule (1) the Court must, as\nfar as practicable, deal with the costs of the proceedings.\n20.18 Money not accepted\nSubject to rule 20.14, where money paid into the Court by a\ndefendant is not accepted by the plaintiff in accordance with\nrule 20.15, the defendant is entitled to receive payment of the\nmoney without an order of the Court.\n20.19 No disclosure of payment into court\n(1) Subject to subrules (2) and (3), the fact that money has been paid\ninto the Court is not to be:\n(a) pleaded or disclosed in an affidavit; or\n(b) disclosed to the Court at:\n(i) the hearing of a proceedings; or\n(ii) the hearing of a question of liability or the amount of debt\nor damages,\nuntil all questions of liability or amount of debt or damages\nhave been decided.\n(2) Subrule (1) does not apply where the money has been paid into the\nCourt in answer to a claim to which the defendant pleads or\notherwise properly raises a defence of tender before\ncommencement of the proceedings.\n\nLocal Court (Civil Jurisdiction) Rules 1998 72\n(3) Subrule (1)(b) does not apply:\n(a) where the plaintiff accepts the money in accordance with\nrule 20.15; or\n(b) where the disclosure is necessary for the purpose of an\napplication under this Division.\n20.20 Costs consequences of payment into Court\n(1) Where, before the hearing of the proceedings begins, a plaintiff:\n(a) accepts money paid into the Court by a defendant in answer\nto a claim;\n(b) if applicable – abandons all the plaintiff's other claims against\nthe defendant; and\n(c) if applicable – abandons the claim against all other defendants\nsued on the claim jointly with the defendant paying the money\ninto the Court,\nafter payment out and unless the Court orders otherwise, the\nplaintiff is entitled to a taxation of his or her costs in respect of the\nplaintiff's claim against the defendant who paid the money into the\nCourt incurred before service of the notice of deposit of the money.\n(a) a defendant who has counterclaimed pays money into the\nCourt and in the notice of deposit states that the defendant\ntakes into account the counterclaim with a view to its\nabandonment in the event the money is accepted; and\n(b) the money is accepted before the hearing of the proceedings\nbegins,\nunless the Court orders otherwise, the defendant is entitled to a\ntaxation of his or her costs in respect of the counterclaim incurred\nbefore service of the notice of acceptance.\n(3) A party whose costs under this rule are not paid before the end of\n21 days after the taxation of costs is completed may enter judgment\nfor the taxed costs.\n\nLocal Court (Civil Jurisdiction) Rules 1998 73\n21.01 Manner of giving evidence\nExcept where otherwise provided by or under an Act or by these\nRules or unless the Court orders otherwise, the evidence of a\nwitness is to be given:\n(a) at the hearing of proceedings – orally on oath or, subject to\nrule 21.02, by affidavit; and\n(b) on any other application in proceedings – by affidavit.\n21.02 Use of affidavit at hearing\n(1) Where an affidavit is to be used at the hearing of proceedings, it is\nto be filed and a copy served on the other parties not later than\n14 days before the date of the hearing, unless the Court orders\n(2) Not later than 7 days after a party is served with an affidavit under\nsubrule (1), unless the Court orders otherwise, the party served\nmay serve a notice on the party intending to rely on the affidavit that\nhe or she requires the attendance of the deponent at the hearing for\ncross-examination.\n(3) The Court may order the deponent of an affidavit filed under\nsubrule (1) to attend to be examined before the Court.\n(4) The Court may make orders relating to a deponent's costs where a\ndeponent is required to attend in accordance with subrule (2).\n(5) If a deponent required to attend under subrule (2) or ordered to\nattend under subrule (3) fails to attend for examination, the Court\nmay order that the deponent's affidavit is not to be received in\nevidence.\n21.03 Attendance and production\n(1) The Court may make an order in proceedings for:\n(a) the attendance of a person for the purpose of being examined;\n(b) the attendance of a person and production by the person of a\ndocument or thing specified in the order.\n(2) An order under subrule (1) does not operate to require the person\nto produce a document that the person could properly object to\nproducing on the ground of privilege.\n\nLocal Court (Civil Jurisdiction) Rules 1998 74\n21.04 Inspection of place, &c.\nThe Court may inspect a place, process or thing during\n21.05 Admission of copy\nAt the hearing of a proceedings, the Court may admit as evidence a\ncopy of a document without enquiring into the non-production of the\noriginal document if:\n(a) the Court considers it is proper to do so; and\n(b) there is no real dispute as to the contents or authenticity of the\noriginal document.\n21.06 Person about to leave territory\n(1) If, on the application of a party, the Court is satisfied by evidence on\noath that a person is:\n(a) able to give material evidence or to produce relevant or\nmaterial documents or things relating to proceedings; and\n(b) likely to be absent from the Territory at the time the\nproceedings come on for hearing,\nthe Court may order that, before the hearing:\n(c) the person must give evidence;\n(d) the person must produce the documents or things.\n(2) An order under subrule (1) is to be served:\n(a) personally on the person named in the order; and\n(b) on all other parties to the proceedings.\n(3) Section 194 of the Evidence (National Uniform Legislation)\nAct 2011 and rule 23.08 apply in relation to the order as if it were a\nsummons.\n22.01 Form of affidavit\n(1) An affidavit is to be made in the first person.\n\nLocal Court (Civil Jurisdiction) Rules 1998 75\n(2) The first page of an affidavit is to be headed immediately beneath\nthe title of the proceedings with the name of the deponent and the\ndate on which the affidavit is made.\n(3) Unless the Court orders otherwise, an affidavit is to state:\n(a) the deponent's place of residence; and\n(b) the deponent's occupation or, if the deponent has none, the\ndeponent's description; and\n(c) if applicable – that the deponent is a party to the proceedings\nor employed by a party.\n(4) Despite subrule (3), where a deponent makes an affidavit in a\nprofessional or other occupational capacity, the affidavit may,\ninstead of stating the deponent's place of residence, state:\n(a) the address of the deponent's place of business; and\n(b) the position of the deponent; and\n(c) if applicable – the name of the deponent's firm or employer.\n(5) An affidavit is to be divided into paragraphs numbered\nconsecutively, each paragraph being as far as possible confined to\na distinct portion of the subject.\n(6) An affidavit must contain a statement of the name and address of\nthe party on whose behalf it is filed.\nNote for rule 22.01\nAn affidavit must also comply with the requirements of the Part 3 of the Oaths,\nAffidavits and Declarations Act 2010.\n22.02 Affidavit relating to motor vehicle accident\nAn affidavit giving evidence of the assessment or repair of a motor\nvehicle is to be in accordance with Form 22A.\n22.03 Affidavit by multiple deponents\nIf an affidavit is made by 2 or more deponents, the names of the\npersons making the affidavit are to be inserted in the jurat unless\nthe affidavit is made by both or all of the deponents at one time and\nis witnessed by the same person, in which case it is sufficient to\nstate that it was made by \"each of the above-named deponents\".\n\nLocal Court (Civil Jurisdiction) Rules 1998 76\n22.04 Affidavit by person unable to read\nis unable to read, the person must certify in or below the jurat that:\n(a) the affidavit was read to the deponent in the person's\npresence; and\n(b) it appeared to the person that the deponent understood the\n(c) the deponent signed his or her name or made a mark in the\nperson's presence.\naffidavit of a deponent who is unable to read, the affidavit is not to\nbe used in evidence unless the Court is satisfied that it was read to\nthe deponent and that the deponent appeared to understand it.\n22.05 Affidavit by person unable to write\nis physically unable to sign his or her name or make a mark, the\nperson must certify in or below the jurat that:\n(a) the affidavit was read to the deponent in the person's\npresence; and\n(b) it appeared to the person that the deponent understood the\n(c) the affidavit was made by the deponent without the deponent\nsigning his or her name or making a mark because the\ndeponent was physically unable to do so.\naffidavit by a deponent who is physically unable to sign his or her\nname or make a mark, the affidavit is not to be used in evidence\nunless the Court is satisfied that it was read to the deponent and\nthat the deponent appeared to understand it.\n\nLocal Court (Civil Jurisdiction) Rules 1998 77\n22.06 Affidavit by person unable to understand English\nis unable to understand the English language, the person must\ncertify in or below the jurat that:\n(a) the affidavit was made with the assistance of an interpreter\n(naming the interpreter) who first took an oath that he or she:\n(i) understands the English language and the language of\nthe deponent (naming the language); and\n(ii) would truly and faithfully interpret to the deponent the\ncontents of the affidavit and the oath to be administered\nto the deponent; and\n(b) the affidavit was read to the deponent in the person's\npresence with the assistance of the interpreter; and\n(c) it appeared to the person that the deponent understood the\n(d) the deponent signed his or her name or made a mark in the\nperson's presence.\naffidavit by a deponent who is unable to understand the English\nlanguage, the affidavit is not to be used in evidence unless the\nCourt is satisfied that it was:\n(a) made in accordance with subrule (1)(a); and\n(b) read to the deponent with the assistance of an interpreter and\nthe deponent appeared to understand it.\n22.07 Content of affidavit\n(1) Unless these Rules provide otherwise, an affidavit is to be confined\nto facts that the deponent is able to state of his or her own\nknowledge.\n(2) In an application in proceedings, an affidavit may contain a\nstatement of fact based on information and belief if the grounds are\nset out in the affidavit.\n22.08 Annexures and exhibits\n(1) A document referred to in an affidavit:\n(a) is to be annexed to the affidavit; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 78\n(b) if the document is too large to be annexed, may be referred to\nas an exhibit.\n(2) An exhibit to an affidavit is to be identified by a separate certificate\nthat:\n(a) is annexed to the exhibit; and\n(b) bears the same title as the affidavit; and\n(c) is signed by the person witnessing the affidavit.\n22.09 Filing\n(1) An affidavit is to be filed.\n(2) Unless the Court orders otherwise, an affidavit that has not been:\n(a) filed; or\n(b) served and filed in compliance with these Rules or an order of\nthe Court,\nmay not be used by the party by whom or on whose behalf it was\nmade.\n22.10 Alterations\nAn affidavit that has an interlineation, erasure or other alteration in\nthe body or jurat may, unless the Court orders otherwise, be filed\nbut may not be used without the leave of the Court unless the\ndeponent and the person who witnessed the affidavit have initialled\nthe alteration.\n22.11 Irregularity\nAn affidavit that is irregular in form may:\n(a) unless the Court orders otherwise, be filed; and\n(b) with the leave of the Court, be used in evidence.\n22.12 Affidavit witnessed by party etc.\n(1) Unless the Court orders otherwise, an affidavit witnessed by:\n(a) the law practice acting for the party on whose behalf it is to be\nused; or\n(b) an employee of the law practice,\n\nLocal Court (Civil Jurisdiction) Rules 1998 79\nmay be used in evidence.\n(2) Subject to subrule (3), an affidavit witnessed by:\n(a) the party on whose behalf it is to be used; or\n(b) an employee of that party,\nis not to be used in evidence without the leave of the Court.\n(3) Where the Territory is the party on whose behalf the affidavit is to\nbe used, the affidavit may be witnessed by an employee of the\nTerritory.\n22.13 Affidavit made before commencement of proceedings\nUnless the Court orders otherwise, an affidavit may be used in\nproceedings despite having been made before the commencement\nof the proceedings.\n23.01 Definitions\nsummons for production means an order in writing requiring a\nperson to attend at the Court as directed by the order for the\npurpose of producing a document or thing for evidence.\nsummons to give evidence means an order in writing requiring a\nperson to attend at the Court as directed by the order for the\npurpose of giving evidence.\n23.02 Order to attend\n(1) The Court may, by summons, order a person to attend the hearing\nof proceedings or attend at any stage of a proceeding for the\npurpose of giving evidence or producing a document or thing for\nevidence, or for both purposes.\n(2) An order by summons for the attendance of a person to give\nevidence or produce a document or thing is to be taken as made\nwhen the summons is issued.\n23.03 Summons to give evidence\n(1) A summons to give evidence:\n(a) is to be in accordance with Form 23A;\n\nLocal Court (Civil Jurisdiction) Rules 1998 80\n(b) may be addressed to one or more persons; and\n(c) is to be filed in sufficient numbers for service and proof of\n(2) On the filing of a summons to give evidence, a registrar must:\n23.04 Form and filing of summons for production\nA summons for production is to be:\n(a) if it is addressed to a person other than a corporation – in\naccordance with Form 23B;\n(b) it is addressed to a corporation – in accordance with\nForm 23C;\n(c) addressed to one person only and, if it is addressed to a firm,\nmay include the address of each partner of the firm; and\n(d) filed in sufficient numbers for service and proof of service.\n23.05 Summons for production after hearing date fixed\nWhere the Court has fixed a date for the hearing of proceedings\nand a party to the proceedings files a summons for production, a\nregistrar must:\n23.06 Summons for production before hearing date fixed\n(1) Where the Court has not fixed a date for the hearing of\nproceedings, a party to the proceedings must seek the leave of the\nCourt to file and serve a summons for production.\n(2) An application for leave under subrule (1) is to be made:\n(a) at a prehearing conference; or\n(b) under Part 25.\n\nLocal Court (Civil Jurisdiction) Rules 1998 81\n(3) Where the Court gives leave under this rule for a party to file and\nserve a summons for production, the party must specify in the\nsummons the date for attendance at Court, being a date:\n(a) when the Court hears interlocutory matters; and\n(b) that allows the person ordered to attend a reasonable time in\nwhich to comply with the summons.\n(4) Where a party files a summons for production under this rule, a\nregistrar must:\n23.07 Service\nA sealed copy of a summons for production or summons to give\nevidence is to be served personally in accordance with these Rules.\n23.08 Expenses and losses incurred complying with summons\n(1) A person is not required to comply with a summons for production\nor a summons to give evidence unless the person has been\nprovided with a reasonable sum of money for his or her costs, as\nmentioned in section 194(1)(c) of the Evidence (National Uniform\nLegislation) Act 2011.\n(2) Where a person:\n(a) is not a party to the proceedings; and\n(b) reasonably incurs expense or loss in complying with a\nsummons for production that is more than the costs mentioned\nin subrule (1);\nthe Court may order that the party who served the summons for\nproduction must pay to the person an amount in respect of the\nexpense or loss.\n(3) If a person who attends in answer to a summons to give evidence,\nbefore taking the oath as a witness, requests the Court to fix an\namount to be paid to him or her in respect of expense incurred in\nattending as a witness, the Court must do so.\n(4) A witness referred to in subrule (3) is not to be compelled to give\nevidence until the Court is satisfied that proper arrangements have\nbeen made for the payment of the amount fixed by the Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 82\n23.09 Delivery of documents by hand or post\n(1) Unless the Court orders otherwise, a summons for production is to\npermit the person to whom the summons is addressed, instead of\nattending at the Court to produce the document or thing, to deliver it\nby hand or send it by post to a registrar so that the registrar\nreceives it not later than 2 days before the day on which production\nis required by the summons.\n(2) Where a document or thing is delivered or sent to a registrar under\nsubrule (1), the registrar must:\n(a) if requested to do so, give a receipt to the person who\ndelivered or posted the document or thing; and\n(b) produce the document or thing to the Court as the case\nrequires or the Court directs.\n(3) This rule does not apply to any part of a summons that requires a\nperson to attend for the purpose of giving evidence.\n23.10 Objections and setting aside summons\n(1) A person served with a summons for production or a summons to\ngive evidence may:\n(a) notify the Court on attendance that he or she objects to\nproducing a document or thing or giving evidence; or\n(b) before the date fixed for attendance, apply to the Court to\nhave the summons set aside.\n(2) The Court may set aside a summons for production or a summons\nto give evidence or, in the case of a summons for production, may\nset aside a part of the summons.\n23.11 Orders for inspection\n(1) Where:\n(a) a summons for production is issued under rule 23.05;\n(b) the date specified for attendance and production is a date\nearlier than the date fixed for the hearing of the proceedings;\nand\n(c) the person served with the summons:\n(i) delivers, sends by post or produces a document or thing;\nor\n\nLocal Court (Civil Jurisdiction) Rules 1998 83\n(ii) objects to producing a document or thing,\na registrar must:\n(d) fix a date, time and place for an interlocutory hearing or\ndirections hearing at which the Court will:\n(i) make orders or give directions relating to the inspection\nof a document or thing produced or any other matter\nconsidered necessary; or\n(ii) determine objections to production; and\n(e) notify all the parties:\n(i) that the document or thing is at the Court or the person\nserved with the summons objects to producing the\ndocument or thing;\n(ii) that the Court will make orders or give directions relating\nto the objections or the inspection of the document or\nthing; and\n(iii) of the date, time and place of the interlocutory hearing or\ndirections hearing.\n(2) Where a summons for production is issued under rule 23.06, at the\ninterlocutory hearing held on the date specified for attendance and\nproduction, the Court must:\n(a) hear and determine objections to production (if any); and\n(b) make orders or give directions relating to the inspection of\ndocuments or things produced or any other matter considered\nnecessary.\n24.01 Statement of expert evidence\n(1) A party who intends at a hearing to adduce evidence from a person\nin the person's capacity as an expert must, not later than 28 days\nbefore the date fixed for the hearing, serve on each other party a\nstatement from the expert in accordance with subrule (2).\n(2) A statement from an expert is to:\n(a) give the expert's name and address;\n\nLocal Court (Civil Jurisdiction) Rules 1998 84\n(b) describe his or her qualifications to give evidence as an\nexpert; and\n(c) state the evidence to be adduced from the expert.\n(3) Unless the Court gives leave or the parties consent, a party is not\nentitled, except in cross-examination, to adduce evidence from a\nwitness as an expert unless the party has served a statement under\nsubrule (1).\n24.02 Putting other party's expert statement in evidence\nA party may put in evidence a statement from an expert served on\nthat party under rule 24.01.\n24.03 Request for examination of plaintiff\n(1) Where a plaintiff claims damages for personal injury a defendant\nmay, in writing, request the plaintiff to submit to an appropriate\nexamination by a medical expert at a specified time and place.\n(2) If:\n(a) a plaintiff refuses or neglects without reasonable cause to\ncomply with a request under subrule (1); and\n(b) the defendant's request is reasonable,\nthe Court may stay the proceedings.\n24.04 Costs of examination\n(1) Unless the Court orders otherwise, the costs of and incidental to an\nexamination referred to in rule 24.03 are costs in the proceedings.\n(2) Without limiting subrule (1), the defendant must, on request by the\nplaintiff (whether before or after the plaintiff is examined), pay to the\nplaintiff a reasonable sum to meet the plaintiff's travelling and other\nexpenses of and incidental to the examination.\n24.05 Report of examination\nA defendant at whose request a plaintiff is examined under\nrule 24.03 must:\n(a) obtain a medical report from the medical expert as soon as\npracticable after the examination; and\n(b) unless the Court orders otherwise, serve a copy on the plaintiff\nnot later than 21 days after receipt of the medical report.\n\nLocal Court (Civil Jurisdiction) Rules 1998 85\n24.06 Expert's report admissible\nWhere a copy of a statement or report is served in accordance with\nrule 24.01 or 24.05, the statement or report is admissible:\n(a) as evidence of the expert's opinion; and\n(b) where the expert's oral evidence of a fact on which the opinion\nis based would be admissible – as evidence of that fact.\n24.07 Attendance of expert\n(1) A party served with a statement or report from an expert may serve\na notice on the party who intends to rely on the statement or report\nthat the party served requires the attendance of the expert for\ncross-examination at the hearing of the proceedings.\n(2) A notice requiring the attendance of an expert for cross-\nexamination is to be served not later than 14 days before the\ncommencement of the hearing.\n(3) The party who served the statement or report must cause the\nexpert to attend the hearing unless the Court orders otherwise.\n(4) If the expert in respect of whom a notice is served under subrule (2)\nfails to attend for cross-examination, the Court may order that his or\nher statement or report is not to be received in evidence.\n(5) Where:\n(a) an expert's statement or report is received in evidence; and\n(b) the expert fails to attend for cross-examination,\na party may not, without the leave of the Court on just terms, lead\nevidence to contradict the evidence of the expert.\n25.01 Definition\nIn this Part, hearing means the hearing of an application.\n25.02 Form of application\nAn application in proceedings is to be:\n(a) in accordance with Form 25A unless these Rules provide\notherwise or the Court orders otherwise; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 86\n(b) supported by an affidavit where the applicant wishes to lead\nevidence in support of the application.\n25.03 Filing\n(1) An application is to be filed.\n(2) An application is taken to be made at the time it is filed.\n(3) A registrar must fix a date, time and place for the hearing and mark\n(4) An affidavit in support of an application is to be filed before the\nhearing of the application.\n25.04 Service\n(1) Subject to these Rules, an applicant must serve a copy of an\napplication and a supporting affidavit on every person to whom\nnotice of the application is to be given:\n(a) within a reasonable time before the date fixed for the hearing\nbut not later than 2 p.m. on the day before the date fixed for\nthe hearing; or\n(b) where the office of the Court is closed on the day before the\ndate fixed for the hearing, not later than 2 p.m. on the day the\noffice is last open before that date.\n(2) At the hearing, the Court may order that a copy of the application\nand any document in support be served on a person who appears\nto the Court to have a sufficient interest in the determination of the\n25.05 Person served to file affidavit\nA person served with an application under this Part must, before\nthe hearing of the application, file and serve on the applicant the\naffidavits on which the person intends to rely at the hearing.\n25.06 Failure to attend hearing\n(1) If a person to whom an application is addressed fails to attend the\nhearing, the Court may hear the application if satisfied that the\napplication and affidavit in support were properly served.\n(2) If the applicant fails to attend the hearing, the Court may dismiss\nthe application or make the orders it considers appropriate.\n\nLocal Court (Civil Jurisdiction) Rules 1998 87\n25.07 Attendance by teleconferencing\n(1) With the leave of the Court, a person may attend the hearing by\nteleconferencing if physical attendance is impracticable.\n(2) A person wishing to attend a hearing by teleconferencing must seek\nthe leave of the Court not later than 24 hours before the time fixed\nfor the hearing.\n(3) Leave under this rule may be granted informally by telephone and\nwithout notice to any other person.\n(4) A person who is granted leave to attend a hearing by\nteleconferencing must give the notice to other persons that the\nCourt directs.\n(5) The Court may direct that the person granted leave under this rule\nmust reserve the teleconferencing facilities to be used at the\nhearing and pay the costs in connection with their use.\n26.01 Injunctions\n(1) The Court may grant an injunction:\n(a) at any stage of proceedings; or\n(b) in an urgent case – before the commencement of\n(2) Unless the Court gives a party leave to apply ex parte, an\napplication for an injunction is to be on notice.\n(3) An applicant for an injunction must give an undertaking to pay, in\nthe manner the Court directs, compensation to a person who\nsuffers loss as a result of the injunction.\n(4) An undertaking given under subrule (3) may be referred to in\nproceedings as \"the usual undertaking as to damages\".\n26.02 Preservation of property\n(1) The Court may make an order in proceedings for the inspection,\ndetention or preservation of property, whether or not it is in the\npossession of a party.\n\nLocal Court (Civil Jurisdiction) Rules 1998 88\n(2) An order under subrule (1) may authorise a person to:\n(a) enter on land or do an act for the purpose of obtaining access\nto the property;\n(b) take samples of the property;\n(c) make observations, including the photographing, of the\nproperty;\n(d) conduct an experiment on or with the property; or\n(e) observe a process.\n(3) Where the Court makes an order under subrule (1), the Court may\nmake an order relating to the costs and expenses of a person who\nis not a party to the proceedings.\n(4) When making an order under this rule the Court may impose a\ncondition that the person applying for the order must give security\nfor the costs and expenses of a person (whether or not a party) who\nwill be affected by the order.\n27.01 Application for judgment by plaintiff\n(1) Where a defendant has filed a defence to the whole or part of a\nclaim, a plaintiff may at any time apply to the Court for judgment\nagainst the defendant on the ground that the defendant has no\ndefence:\n(a) to the whole or part of the claim; or\n(b) except as to the amount of the claim.\n(2) A plaintiff may make only one application for judgment under this\nPart unless the Court orders otherwise.\n27.02 Plaintiff's affidavit\n(1) A plaintiff must support an application for judgment by filing an\naffidavit:\n(a) verifying the facts on which the claim or the part of the claim is\nbased; and\n(b) stating that in the belief of the deponent there is no defence to\nthe claim or the part of the claim or no defence except as to\nthe amount of the claim.\n\nLocal Court (Civil Jurisdiction) Rules 1998 89\n(a) a statement in a document tends to establish a fact referred to\nin subrule (1)(a); and\n(b) at the hearing of the proceedings, the document would be\nadmissible by or under the Evidence (National Uniform\nLegislation) Act 2011, the Evidence Act 1939 or a law in force\nin the Territory to verify that fact,\nthe affidavit may set out the statement.\n(3) An affidavit under subrule (1) may contain a statement of fact based\non information and belief if the grounds are set out and, having\nregard to all the circumstances, the Court considers that the\nstatement ought to be permitted.\n27.03 Service on defendant\nA plaintiff must serve an application for judgment and a copy of the\nsupporting affidavit on the defendant not later than 7 days before\nthe date fixed for the hearing of the application.\n27.04 Defendant may show cause\n(1) A defendant may, by affidavit or otherwise to the satisfaction of the\nCourt, show cause against an application for judgment.\n(2) An affidavit under subrule (1):\n(a) is to show a defence to the claim or the part of the claim to\nwhich the application relates;\n(b) is to state the facts on which the defence is based; and\n(c) may contain a statement of fact based on information and\nbelief if the grounds are set out.\n(3) A defendant must serve a copy of an affidavit on a plaintiff not later\nthan 3 days before the date fixed for the hearing of the application\n27.05 Hearing of application\n(1) On the hearing of an application for judgment, the Court may:\n(a) dismiss the application;\n\nPart 28 Summary stay or dismissal of claim and striking out pleading\nLocal Court (Civil Jurisdiction) Rules 1998 90\n(b) give the appropriate judgment for the plaintiff against the\ndefendant on the claim or the part of the claim to which the\napplication relates, having regard to the nature of the relief or\nremedy claimed; or\n(c) give the defendant leave to defend the claim or the part of the\nclaim to which the application relates, either unconditionally or\non terms in relation to giving security, paying money into the\nCourt, time, the manner of hearing or otherwise.\n(2) The Court may stay the execution of a judgment given under\nsubrule (1)(b) until after the hearing of a counterclaim made by the\ndefendant in the proceedings.\n27.06 Summary judgment for defendant\nOn application by a defendant who has filed a defence to a claim or\npart of a claim, the Court may at any time give judgment for the\ndefendant against the plaintiff if the defendant has a good defence\non the merits.\nPart 28 Summary stay or dismissal of claim and\nstriking out pleading\n28.01 Stay or judgment in proceedings\n(1) Where a proceeding generally or a claim in proceedings:\n(a) does not disclose a cause of action;\n(b) is scandalous, frivolous or vexatious; or\n(c) is an abuse of the process of the Court,\nthe Court may stay the proceedings generally or in relation to a\nclaim or give judgment in the proceedings generally or in relation to\na claim.\n(2) Where a defence to a claim in proceedings:\n(a) does not disclose an answer;\n(b) is scandalous, frivolous or vexatious; or\n(c) is an abuse of the process of the Court,\nthe Court may give judgment in the proceedings generally or in\nrelation to the claim.\n\nPart 29 Summary proceedings for recovery of possession of land\nLocal Court (Civil Jurisdiction) Rules 1998 91\n(3) In this rule:\n(a) a claim in proceedings includes a counterclaim and a claim by\nthird party notice; and\n(b) a defence includes a defence to a counterclaim and a defence\nto a claim by third party notice.\n28.02 Striking out pleading\nWhere a pleading:\n(a) does not disclose a cause of action or defence;\n(b) is scandalous, frivolous or vexatious;\n(c) may prejudice, embarrass or delay the fair hearing of the\n(d) is otherwise an abuse of the process of the Court,\nthe Court may order that the whole or part of the pleading be struck\nout or amended.\nPart 29 Summary proceedings for recovery of\npossession of land\n29.01 Application of Part\n(1) Subject to subrule (2), this Part applies where a plaintiff claims the\nrecovery of land that is occupied solely by a person:\n(a) who entered into occupation; or\n(b) having been a licensee, remained in occupation,\nwithout the consent or licence of the plaintiff or the plaintiff's\npredecessor in title.\n(2) This Part does not apply where the land is occupied by a mortgagor\nor successor in title and the claim is made by the mortgagee or\nsuccessor in title.\n29.02 Commencement of proceedings\nA plaintiff commences proceedings under this Part by filing an\napplication in accordance with Form 29A.\n\nPart 29 Summary proceedings for recovery of possession of land\nLocal Court (Civil Jurisdiction) Rules 1998 92\n29.03 Who to be defendant\n(1) Each person in occupation of the land whose name the plaintiff\nknows is a defendant.\n(2) If the plaintiff does not know the name of a person in occupation,\nthe proceedings may be commenced without naming the person as\n29.04 Affidavit required\nA plaintiff must file with the application an affidavit stating:\n(a) the interest of the plaintiff in the land;\n(b) the circumstances in which the land is occupied without\nlicence or consent and in which the claim for recovery of the\nland arises; and\n(c) if applicable – that the plaintiff does not know the name of a\nperson occupying the land who is not named as a defendant.\n29.05 Service\n(1) The plaintiff must serve a copy of the application and affidavit on:\n(a) each defendant; and\n(b) each person occupying the land who is not named as a\n(2) Service on a defendant is to be personal.\n(3) Service on a person occupying land who is not named as a\ndefendant is effected:\n(a) by:\n(i) affixing a copy of the application and affidavit to a\nconspicuous part of the land; and\n(ii) if practicable – leaving in a letter-box or other receptacle\nfor mail on the land a copy of the application and\naffidavit enclosed in a sealed envelope addressed to\n\"The Occupiers\"; or\n(b) in any other manner the Court directs.\n\nLocal Court (Civil Jurisdiction) Rules 1998 93\n29.06 Affidavit to be filed\nA person served with an application under this Part must, not less\nthan 7 days before the hearing of the application, file and serve on\nthe applicant the affidavits on which the person intends to rely at\nthe hearing.\n29.07 Occupier made defendant\nThe Court may order that a person occupying land who is not\nnamed as a defendant be made a defendant or added as a\n29.08 Judgment for possession\nA judgment for possession under this Part is to be in accordance\nwith Form 29B.\n29.09 Warrant of possession\n(1) Where 3 months have elapsed after a judgment for possession\nunder this Part takes effect, the Court may give leave for the issue\nof a warrant of possession.\n(2) A plaintiff may apply for leave under subrule (1) without notice to\nany person unless the Court orders otherwise.\n(3) A warrant of possession issued under this Part is to be in\naccordance with Form 29C.\n30.01 Definitions\nCommissioner means the Commissioner of Business Tenancies\nwithin the meaning of section 12 of the Business Tenancies (Fair\nDealings) Act 2003.\norder for possession means an order for possession made under\nthe Business Tenancies (Fair Dealings) Act 2003.\nretail tenancy claim means any claim or application specified in\nsection 84 of the Business Tenancies (Fair Dealings) Act 2003.\n\nLocal Court (Civil Jurisdiction) Rules 1998 94\ntenancy application means an application to the Court under the\nBusiness Tenancies (Fair Dealings) Act 2003 other than a retail\ntenancy claim.\n30.02 Applications or claims may be made by agents\nAny application or claim under this Part may be made by an agent\nof a landlord or tenant who is authorised in writing by the landlord or\ntenant to act in that capacity.\n30.03 Form of applications\n(1) A tenancy application is to be in accordance with Form 30A.\n(2) If a tenancy application is made by a landlord who does not know\nthe name of the tenant, the application may be directed to the\noccupier of the premises to which the application relates.\n30.04 Filing of applications and service of tenancy applications\n(1) On the filing of a tenancy application, a registrar must fix a date,\ntime and place for the hearing and mark them on the application.\n(2) A copy of a tenancy application must be served personally on the\nperson to whom it is addressed as soon as practicable after the\napplication is filed and not less than 2 days before the date fixed for\nthe hearing.\n(3) If it is impracticable to effect personal service of the tenancy\napplication or attempts to effect personal service are unsuccessful:\n(a) a copy of the tenancy application may be served by leaving it\nin a letter-box or other receptacle for mail at the last-known\nresidential or business address of the person to whom it is\naddressed or by affixing it to a conspicuous part of the\npremises at that address; and\n(b) the applicant must file an affidavit stating the reasons why\npersonal service of the tenancy application was not effected\nand the manner in which the tenancy application was served.\n30.05 Hearing of applications\n(1) If the applicant fails to attend the hearing of the tenancy application,\nthe Court may dismiss the application or make the orders it\nconsiders appropriate.\n\nLocal Court (Civil Jurisdiction) Rules 1998 95\n(2) If the person to whom a tenancy application is addressed fails to\nattend the hearing of the application, the Court may:\n(a) hear and determine the application if it is satisfied the\napplication was properly served; or\n(b) make the orders it considers appropriate.\n(3) If neither party to a tenancy application attends the hearing of the\napplication, the Court may dismiss the application or make the\norders it considers appropriate.\n30.06 Applications for warrant of possession\n(1) After an order for possession is made, the landlord may apply for a\nwarrant of possession by filing a form of the warrant in accordance\nwith Form 46A.\n(2) If the order for possession is made by the Commissioner, the\nlandlord must also file a copy of the order.\n30.07 Application of Division\nThis Division applies in relation to a retail tenancy claim in respect\nof which:\n(a) a certificate has been issued by the Commissioner under\nsection 104 of the Business Tenancies (Fair Dealings)\nAct 2003; and\n(b) the Court has jurisdiction under section 105 of that Act.\n30.08 Commencement of proceedings\n(1) A plaintiff commences proceedings in respect of a retail tenancy\nclaim by filing under Part 7 a statement of claim or an originating\napplication, as applicable in the circumstances.\n(2) The statement of claim or originating application must be\naccompanied by the certificate issued by the Commissioner.\n30.09 Case management\n(1) At the first conciliation conference, the parties are not required to\nattend personally but may be represented by a legal practitioner or,\nwith the leave of the Court, by some other person who is fully\ninstructed as to the conduct of the proceedings.\n\nLocal Court (Civil Jurisdiction) Rules 1998 96\n(2) For subrule (1), the relevant rules and prescribed forms are to be\napplied or used with the necessary changes.\n31.01 Definitions\ndefence includes defence to a counterclaim and to a third party\nclaim.\ndefendant includes a person against whom a claim is made in\nplaintiff includes a person who makes a claim in proceedings.\n31.02 When security for costs may be ordered\n(1) Where:\n(a) a plaintiff is ordinarily resident out of the Territory;\n(b) a plaintiff:\n(i) is a corporation; or\n(ii) is suing for the benefit of another person and not for the\nplaintiff's own benefit (other than a plaintiff suing in a\nrepresentative capacity),\nand there is reason to believe that the plaintiff has insufficient\nassets in the Territory to pay the costs of the defendant if\nordered to do so;\n(c) proceedings by the plaintiff for the same claim is pending in\nanother court;\n(d) subject to subrule (2), the address of a plaintiff is not stated or\nis stated incorrectly in the plaintiff's originating process;\n(e) a plaintiff has changed his or her address after the\ncommencement of the proceedings in order to avoid the\nconsequences of the proceedings; or\n(f) the Court may require security for costs under the\nCorporations Act 2001 or another Act,\n\nLocal Court (Civil Jurisdiction) Rules 1998 97\non the application of a defendant, the Court may order that the\nplaintiff give security for the defendant's costs of defending the\nproceedings and that the proceedings against the defendant be\nstayed until the security is given.\n(2) The Court must not require a plaintiff to give security for costs by\nreason only of subrule (1)(d) if in failing to state his or her address\nor in stating his or her address incorrectly the plaintiff acted\ninnocently and without intention to deceive.\n31.03 Manner of giving security\nWhere an order is made requiring the plaintiff to give security for\ncosts, security is to be given in the manner and within the time the\nCourt directs.\n31.04 Failure to give security\nWhere a plaintiff fails to give the security required by an order, the\nCourt may dismiss the plaintiff's claim.\n31.05 Setting aside or variation of order\nThe Court may set aside or vary an order requiring a plaintiff to give\nsecurity for costs.\n31.06 Payment by irrevocable guarantee\nWhere the Court makes an order requiring a plaintiff to pay money\ninto the Court as security for costs, subject to rule 31.07, it is\nsufficient compliance if the plaintiff files an irrevocable guarantee\ngiven by an ADI that it will pay the money into the Court if ordered\nby the Court to do so.\n31.07 Requirements of guarantee\nAn irrevocable guarantee is to be:\n(a) in accordance with Form 31A;\n(b) given by an ADI approved by a registrar; and\n(c) sealed by the ADI or signed by an officer of the ADI who has\nwritten authority from the ADI to sign the guarantee on its\nbehalf.\n31.08 Liability of ADI\n(1) An irrevocable guarantee filed under rule 31.06 may be amended or\nrevoked only with the leave of the Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 98\n(2) Unless the Court orders otherwise, an ADI that has given an\nirrevocable guarantee may discharge its liability under the\nguarantee only by:\n(a) payment into the Court of the total sum guaranteed; and\n(b) filing a notice of discharge and payment into the Court in\naccordance with Form 31B.\n32.01 When conferences to be held\n(1) When a notice of defence is filed, a registrar must fix a date, time\nand place for a conciliation conference and must give all parties\nnotice of the conference in accordance with Form 32A.\n(2) The date fixed under subrule (1) is to be 21 days after a notice of\ndefence is filed or as soon as practicable after that date.\n(3) At any stage of proceedings, the Court may order that a conciliation\nconference or a prehearing conference be held.\n32.02 Who to attend conferences\n(1) Each party must attend a conciliation conference or a prehearing\nconference:\n(a) in the case of an individual – in person;\n(b) in the case of a corporation – by an officer or employee of the\ncorporation authorised by the corporation to attend;\n(c) in the case of a firm – by all the partners, or by one or more\npartners with the unfettered written authority of all the other\npartners to attend; or\n(d) in the case of the Territory – by an employee (as defined in\nthe Public Sector Employment and Management Act 1993) of\nthe Agency on behalf of which the Territory is conducting the\nproceedings who is authorised in writing by the Chief\nExecutive Officer of that Agency to attend.\n(2) An authorisation to attend a conciliation conference or prehearing\nconference referred to in subrule (1)(b), (c) or (d) includes an\nauthorisation to settle the proceedings if possible.\n\nLocal Court (Civil Jurisdiction) Rules 1998 99\n(3) A party may be accompanied by a legal practitioner or, with the\nleave of the Court, by some other person who is fully instructed as\nto the conduct of the proceedings including the options for\nsettlement and advice from counsel, if obtained.\n(4) A party for whom physical attendance is impracticable may, with the\nleave of the Court obtained in accordance with rule 32.03, attend by\nteleconferencing.\n(5) The Court may dispense with the requirement of attendance in\nperson (whether physically or by teleconferencing) in special\ncircumstances.\n32.03 Attendance by teleconferencing\n(1) A party wishing to attend a conciliation conference or prehearing\nconference by teleconferencing must seek the leave of the Court\nnot later than 24 hours before the time fixed for the conference.\n(2) Leave may be granted informally by telephone and without notice to\nany other party.\n(3) A party granted leave under this rule must give the notice to the\nother parties that the Court directs.\n(4) The Court may direct that a party granted leave under this rule must\nreserve the teleconferencing facilities to be used at the conciliation\nor prehearing conference and pay the costs in connection with their\nuse.\n32.04 Procedure at conciliation conference\n(1) At a conciliation conference, the parties must be in a position to\nindicate:\n(a) where the party is the plaintiff – particulars of the claim and\nthe relief sought;\n(b) where the party is the defendant – the issues (if any) and the\ngrounds on which liability is denied;\n(c) the issues of fact and law;\n(d) whether any amendment to the pleadings is anticipated or\nrequired;\n(e) the nature of any necessary interlocutory matters, including\ninterrogation;\n\nLocal Court (Civil Jurisdiction) Rules 1998 100\n(f) the nature of any steps that need to be taken prior to the\nhearing of the proceedings;\n(g) the prospects of settlement and be able to respond to an offer\nof settlement; and\n(h) any other matter that might affect readiness for the hearing of\nthe proceedings or scheduling for the hearing.\n(2) At a conciliation conference, the Court may:\n(a) conciliate between the parties and make recommendations for\nthe resolution of the issues to facilitate agreement between\nthe parties;\n(b) refer the parties to a mediation conference; or\n(c) give the directions it thinks necessary for the expeditious\ndetermination of the proceedings.\n(3) The Court may:\n(a) adjourn the conciliation conference and fix a date, time and\nplace for the adjourned conference;\n(b) fix a date, time and place for a prehearing conference; or\n(c) fix a date, time and place for the hearing of the proceedings.\n(4) For the purpose of subrule (2)(c), but without limiting its generality,\nthe Court may give directions relating to:\n(a) the facilitating of agreement between the parties;\n(b) the service of documents;\n(c) the settling of issues for the hearing of the proceedings;\n(d) particulars of the statement of claim or defence to be provided;\n(e) the attendance of the parties to give evidence (whether or not\non oath) at a prehearing conference or the hearing of the\nproceedings;\n(f) the giving of evidence and calling of witnesses;\n(g) discovery and inspection;\n(h) interrogatories and answers to interrogatories;\n\nLocal Court (Civil Jurisdiction) Rules 1998 101\n(j) dispensing with the requirement for and delivery of pleadings,\ngiving discovery, delivery of interrogatories, and other matters\nof practice and procedure;\n(k) the making of admissions relating to a matter in question;\n(m) the admission into evidence of facts or documents;\n(n) expediting further conferences; or\n(p) time limits for further pleadings.\n(5) Directions given under this rule are to be set out in a scheduling\norder in accordance with Form 32B.\n32.05 Case management statement\nNot later than 2 days before the date fixed for a prehearing\nconference, each party must file and serve on each other party a\ncase management statement in accordance with Form 32C.\n32.06 Procedure at prehearing conference\n(1) At a prehearing conference, the parties must be in a position to\nindicate:\n(a) the prospects of settlement and be able to respond to an offer\nof settlement; and\n(b) any other matter that might affect readiness for the hearing of\nthe proceedings or scheduling for the hearing.\n(2) At a prehearing conference, the Court may:\n(a) conciliate between the parties and make recommendations for\nthe resolution of the issues to facilitate agreement between\nthe parties;\n(b) refer the parties to a mediation conference; or\n(c) give the directions it thinks necessary for the expeditious\ndetermination of the proceedings.\n(3) If no agreement is reached, the Court:\n(a) must settle a joint memorandum of issues to be signed by\neach party;\n\nLocal Court (Civil Jurisdiction) Rules 1998 102\n(b) must be satisfied as to the matters in each case management\nstatement and confirm the following details with the parties:\n(i) medical or expert reports to be relied on;\n(ii) the number of witnesses, both expert and non-expert;\n(iii) the estimated length of the hearing of the proceedings;\n(iv) teleconferencing arrangements;\n(v) whether counsel has been briefed and whether advice\non evidence has been obtained; and\n(c) may:\n(i) adjourn the prehearing conference;\n(ii) list the matter before a Judge; or\n(iii) list the matter for hearing.\n32.07 Mediation conference\n(1) Where the Court refers the parties to a mediation conference, a\nregistrar must fix a date, time and place for the conference and give\nall parties notice of them.\n(2) A mediation conference is to be held before:\n(a) a judicial registrar;\n(b) a registrar; or\n(c) a mediator appointed by the Chief judge or a judicial registrar\nfrom the list of mediators referred to in rule 32.08(2).\n(3) Each party must attend a mediation conference:\n(a) in the case of an individual – in person;\n(b) in the case of a corporation – by an officer or employee of the\ncorporation authorised by the corporation to attend;\n(c) in the case of a firm – by all the partners, or by one or more\npartners with the unfettered written authority of all the other\npartners to attend; or\n(d) in the case of the Territory – by an employee (as defined in\nthe Public Sector Employment and Management Act 1993) of\nthe Agency on behalf of which the Territory is conducting the\n\nLocal Court (Civil Jurisdiction) Rules 1998 103\nproceedings who is authorised in writing by the Chief\nExecutive Officer of that Agency to attend.\n(4) An authorisation to attend a mediation conference referred to in\nsubrule (3)(b), (c) or (d) includes an authorisation to settle the\nmatter if possible.\n(5) With the leave of the Court, a party attending a mediation\nconference may be accompanied by:\n(a) a legal practitioner who is fully instructed as to the conduct of\nthe proceedings and the options for settlement; or\n(b) some other person.\n(6) The mediator may adjourn a mediation conference if the parties\nconsider that further negotiations may lead to a settlement.\n32.08 Mediators\n(1) In this rule, mediator does not include a judicial registrar or\nregistrar.\n(2) The Court may keep a list of persons who are, in the Chief Judge's\nopinion, suitably qualified to act as mediators under this Part and\nwho are willing to do so.\n(3) The costs and expenses of a mediator may be fixed by the Chief\nJudge and, subject to rule 32.09, are to be shared equally by all\nparties to the mediation.\n(4) The Court may make an order necessary to secure or enforce\npayment of a mediator's costs and expenses.\n32.09 Costs on adjournment of mediation\nIf a party applies to adjourn a mediation conference without the\nconsent of the other parties, and the conference is adjourned, the\nparty must:\n(a) if the mediator is appointed under rule 32.07(2)(c) –\nimmediately pay the mediator's costs; and\n(b) pay the other parties' costs thrown away as a result of the\nadjournment.\n\nLocal Court (Civil Jurisdiction) Rules 1998 104\n32.10 Consequences of failure to attend, &c.\nIf a party fails to:\n(a) attend a conciliation conference, prehearing conference or\nmediation conference after receiving notice to attend;\n(b) prepare adequately for a conciliation conference, prehearing\nconference or mediation conference; or\n(c) comply with an order or direction of the Court, including an\norder or direction contained in a scheduling order under\nrule 32.04(5),\nthe Court may:\n(d) in the case of failure by a plaintiff or other party claiming\nrelief – strike out the claim;\n(e) in the case of failure by a defendant or other party against\nwhom relief is claimed – make an order against the party\npermitting the party claiming the relief to proceed as if a notice\nof defence had not been filed;\n(f) make orders relating to costs that it considers appropriate,\nincluding an order that a legal practitioner pay all or part of the\ncosts payable;\n(g) list the proceedings before a Judge; or\n(h) make any other order it considers appropriate.\n32.11 Confidentiality\n(1) Unless the parties consent, evidence of things said or admissions\nmade in the course of and for the purpose of:\n(a) conciliation during a conciliation or prehearing conference; or\n(b) mediation during a mediation conference,\nis not admissible in the proceedings or in a court except to prove\nthat a settlement was reached and the terms of that settlement.\n(2) Subject to subrule (1) and any other law in force in the Territory, a\nmediator must not disclose or be required to disclose any\ninformation of which the mediator becomes aware in the course of\nand for the purpose of a mediation.\n\nLocal Court (Civil Jurisdiction) Rules 1998 105\nPart 33 Hearing of proceedings\n33.01 Directions for conduct of hearing\nThe Court may give directions relating to the conduct of the hearing of\nproceedings, including the order of evidence.\n33.02 Absence of party\nIf a party is absent when the hearing of proceedings is called on,\nthe Court:\n(a) may:\n(i) proceed with the hearing and give judgment;\n(ii) strike out the claim or dismiss the proceedings; or\n(iii) adjourn the hearing; and\n(b) may make any other order it considers appropriate, including\nan order for costs.\n33.03 Party may apply for re-hearing\nA party against whom an order is made under rule 33.02(a)(i) or (ii)\nmay apply in accordance with Part 36 to have the order set aside\nand the proceedings re-heard.\n33.04 Disqualification of Judge\nA Judge may disqualify himself or herself from presiding at the\nhearing of proceedings if the Judge previously presided at a\nconciliation conference or prehearing conference and is of the view\nthat his or her earlier involvement may prejudice the outcome of the\n34.01 Interpretation\nIn this Part, unless the contrary intention appears, a reference to an\nassessment of damages is to be read as including a reference to an\nassessment of the value of goods.\n34.02 When order for assessment may be made\nAt any stage of proceedings, the Court may order damages to be\nassessed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 106\n34.03 Manner of assessment\n(1) Subject to subrule (3), damages are to be assessed by a judicial\nregistrar unless the Court orders otherwise.\n(2) The party against whom an order for the assessment of damages is\nmade may take part in the assessment.\n(3) Where:\n(a) the Court makes an order in proceedings against some\ndefendants for default judgment with damages to be\nassessed; and\n(b) the proceedings are continued against other defendants,\nthe damages are to be assessed at the hearing of the proceedings\n34.04 Notice to parties\nA registrar must:\n(a) fix a date, time and place for the assessment of damages; and\n(b) give each party notice of the assessment in accordance with\nForm 34A not later than 14 days before the date fixed for the\nassessment.\n34.05 Evidence by affidavit\nNot later than 7 days before the date fixed for the assessment of\ndamages, the party in whose favour the assessment is to be made\nmust file and serve on the other party an affidavit stating:\n(a) the amount claimed; and\n(b) the facts and calculations on which the amount is based.\n34.06 Summons to give evidence or produce documents\nThe attendance of witnesses and production of documents for the\npurposes of an assessment of damages may be ordered by\nsummons in accordance with Part 23.\n34.07 Order to state amount\nWhere a judicial registrar assesses damages he or she must, by\norder, state the amount at which they are assessed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 107\n35.01 General relief\nThe Court may at any stage of proceedings, on the application of a\nparty, make an order that is required despite the fact that the order\nwas not sought in the statement of claim.\n35.02 Date of effect\nAn order made by the Court:\n(a) is to bear the date on which it is made; and\n(b) takes effect on that date unless the Court orders otherwise.\n35.03 Form of order\n(1) An order of the Court, whether final or otherwise is to be:\n(a) in accordance with Form 35A;\n(b) signed by a Judge or registrar; and\n(c) sealed by the Court.\n(2) The Court must forward a sealed order to each party.\n35.04 Certified copy\nA party may request the Court to provide him or her with a certified\ncopy of an order and, on payment of the relevant fee prescribed\nunder section 81(3) of the Act, the Court must provide the certified\ncopy.\n35.05 Time for compliance\n(1) Subject to subrule (2), where an order requires a person to do an\nact, the person must do the act not later than 14 days after being\nserved with a sealed copy of the order.\n(2) Subrule (1) does not apply to:\n(a) an order that specifies the time in which a person must do an\nact;\n(b) an order or part of an order that requires a person to pay\nmoney otherwise than into the Court; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 108\n(c) an order for the delivery of goods.\n(3) Where an order requires a person to do an act within a fixed time,\nthe Court may by order fix another time.\n(4) Where an order requires a person to do an act but does not fix a\ntime in which the act is to be done, the Court may by order fix a\ntime.\n35.06 Order by consent\n(1) Where all parties to proceedings consent to the making of an order,\nthe Court may make an order in the terms consented to.\n(2) A party may consent to an application for an order made by another\nparty by:\n(a) filing a notice of consent in accordance with Form 35B; or\n(b) endorsing his or her consent on the application that is filed.\n(3) If all parties to proceedings consent to the making of an order, a\nregistrar may:\n(a) without delay make an order in the terms consented to; or\n(b) if not satisfied that the order should be made:\n(i) refuse to make the order; or\n(ii) refer the matter to a Judge.\n(4) An order under subrule (3) takes effect from the date specified in\nthe order or, if no date is specified, on the service of the order by\nthe party filing the application on the other party or on all of the\nother parties.\n(5) Where some, but not all, parties to proceedings consent to the\nmaking of an order, a registrar may:\n(a) without delay make an order in favour of the party seeking it,\nas against the parties who consented to the order, in the terms\nconsented to; or\n(b) if not satisfied that the order should be made:\n(i) refuse to make the order; or\n(ii) refer the matter to a Judge.\n\nLocal Court (Civil Jurisdiction) Rules 1998 109\n(6) An order under subrule (5):\n(a) takes effect on the date specified in the order or, if no date is\nspecified, on the service of the order by the party filing the\napplication on the other party or on all of the other parties\nconsenting to the order; and\n(b) is also to be served on all the parties who did not consent to\n35.07 Party may apply for re-hearing\nA party who applies under section 20(1)(c) of the Local Court (Civil\nProcedure) Act 1989 to have a consent order set aside and a\nre-hearing of the proceedings must do so in accordance with\nPart 36.\n35.08 Application of Division\nThis Division applies in relation to the registration of an order made\nby a person, court (other than the Local Court), tribunal or other\nstatutory body:\n(a) if an Act permits an application to be made to the Court for the\nregistration of the order; or\n(b) if a person applies, or intends to apply, to the Court for a\nwarrant of execution or other enforcement process to enforce\n35.09 Application for registration of order\n(1) The application for registration of the order must be in accordance\nwith Form 35C.\n(2) The application must be accompanied by a copy of the order to be\nregistered.\n35.10 Registration\n(1) The Court may register the order if it can be enforced under\nChapter 2.\n(2) If the whole order cannot be enforced under Chapter 2, the Court\nmay register any part of the order that can be enforced.\n\nLocal Court (Civil Jurisdiction) Rules 1998 110\n(3) The notice of registration must be:\n(a) in accordance with Form 35D;\n(b) signed by a registrar; and\n(c) sealed by the Court.\n35.11 Enforcement\nChapter 2, with the necessary changes, applies in relation to an\norder registered under this Division.\n36.01 Application for re-hearing\n(1) A party may apply for an order under section 20 of the Local Court\n(Civil Procedure) Act 1989 that an order be set aside and the\nproceedings be re-heard by filing an application in accordance with\nForm 36A.\n(2) An application for a re-hearing is be filed with an affidavit stating\nwhy the applicant:\n(a) did not file a notice of defence and stating the applicant's\nintention to defend the claim, the defences to be relied on and\nthe particulars of each defence, including a summary of the\nmaterial facts on which the applicant relies;\n(b) did not appear in the proceedings when required to do so; or\n(c) consented to the making of an order.\n(3) A copy of the application and affidavit is to be served personally on\neach other party unless the Court orders otherwise.\n36.02 Further application\nIf an application under this Part is struck out because the applicant\nfails to appear at the time fixed for the hearing of the application, a\nfurther application for re-hearing is to be taken to be an application\nfor leave to re-apply under section 20(5) of the Local Court (Civil\nProcedure) Act 1989.\n36.03 Re-hearing date\nWhere the Court sets aside an order, the proceedings are to be\nre-heard on a date fixed by the Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 111\n37.01 Application of Part\nThis Part applies in relation to an appeal to the Court under an Act.\n37.02 Definitions\nappellant means a person who appeals to the Court under an Act\nand includes a person joined as an appellant under rule 37.03.\nrespondent means the decision maker in relation to whose\ndecision the appellant appeals and includes a person joined as a\nrespondent under rule 37.03.\n37.03 Persons who may be joined\n(1) A person who is:\n(a) affected by the relief sought by a notice of appeal; or\n(b) is interested in maintaining the decision appealed against,\nmay be joined as an appellant or respondent.\n(2) The Court may order the addition or removal of a person as an\nappellant or respondent.\n(3) A person is not to be made an appellant without his or her consent.\n37.04 Notice of appeal\n(1) Unless an Act provides otherwise, an appellant commences an\nappeal by filing, not later than 28 days after a decision is made, a\nnotice of appeal in the registry at a proper venue for the\n(2) A notice of appeal is to:\n(a) be in accordance with Form 37A; and\n(b) state:\n(i) the name and address of the appellant;\n(ii) the name and address of the respondent;\n(iii) the decision in respect of which the appeal is brought;\n\nLocal Court (Civil Jurisdiction) Rules 1998 112\n(iv) the date on which the decision was made; and\n(v) specifically and concisely, the grounds of appeal.\n(3) As soon as practicable after filing a notice of appeal, the appellant\nmust serve a copy on the respondent.\n37.05 Notice of appearance\nNot later than 7 days after being served with a notice of appeal, a\nrespondent must file and serve on the appellant a notice of\nappearance in accordance with Form 37B.\n37.06 Prehearing conference\n(1) When a notice of appeal is filed, a registrar must fix a date, time\nand place for a prehearing conference and mark them on the notice\nof appeal.\n(2) The prehearing conference is to be held not later than 6 weeks after\nthe notice of appeal is filed.\n(3) A party for whom physical attendance is impracticable may, with the\nleave of the Court obtained in accordance with rule 32.03, attend by\nteleconferencing.\n(4) At a prehearing conference the Court may give the directions it\nconsiders appropriate, including a direction setting the matter down\nfor the hearing of the appeal.\n37.07 Amendment of grounds\nThe Court may give leave to amend the grounds of appeal.\n37.08 Representation\nA party to an appeal may appear:\n(b) by an agent authorised in writing by the party; or\n(c) in accordance with rule 1.15(b), (c) or (d)(i), (ii) or (iv).\n37.09 Hearing of appeal\n(1) The Court may give the directions it considers appropriate in\nrespect of the hearing of an appeal.\n\nLocal Court (Civil Jurisdiction) Rules 1998 113\n(2) If a respondent fails to attend the hearing, the Court may hear the\nappeal if it is satisfied that the notice of appeal was properly served\non the respondent.\n(3) If an appellant fails to attend the hearing, the Court may dismiss the\nappeal or make the orders it considers appropriate.\n(4) If neither party attends at the hearing, the Court may make the\norders it considers appropriate.\n38.01 Definitions\nAppendix means the Appendix to Order 63 of the Supreme Court\nRules 1987 and includes practice directions relating to the\nAppendix issued by the Chief Justice.\nattendance at the hearing, for the purposes of rule 38.12(3)(b),\nincludes all work reasonably done in and in relation to attending the\nhearing of proceedings and to hear a deferred judgment.\nbill means a bill of costs.\npreparation, for the purposes of rule 38.12(3)(a), includes the\ndoing of all reasonable work up to attendance at the hearing of\nproceedings that was reasonably done, arising out of or incidental\nto the proceedings.\ntaxation, for the purposes of rule 38.12(3)(c), includes all work\ndone in preparing a bill (where allowable) and includes preparing\nfor and attending the taxation of costs.\ntaxing officer means:\n(a) a judicial registrar;\n(b) a registrar; or\n(c) an officer of the Court directed under rule 38.11(2) to conduct\na taxation.\n\nLocal Court (Civil Jurisdiction) Rules 1998 114\n38.02 Application of Supreme Court Rules 1987\nSubject to the Local Court (Civil Procedure) Act 1989, these Rules\nand practice directions, Order 63 of the Supreme Court Rules\napplies with the necessary changes to this Part.\n38.03 Power and discretion of Court\n(1) Subject to the Local Court (Civil Procedure) Act 1989, these Rules\nand any other law in force in the Territory, the costs of and\nincidental to proceedings are in the Court's discretion and the Court\nhas the power to determine by whom, to whom, to what extent and\non what basis the costs are to be paid.\n(2) The Court may exercise its power and discretion in relation to costs\nat any stage of proceedings or after the conclusion of proceedings.\n38.04 Costs generally to be allowed at 100% of the Supreme Court\ncosts\n(1) Subject to these Rules, costs for work done are allowable in\naccordance with the relevant costs set out in the Appendix.\n(2) For subrule (1), the value of the claim is immaterial.\n38.05 Costs of conciliation conference\nUnless the Court orders otherwise, costs for the preparation for and\nattendance at a conciliation conference are allowable in the same\namount as set out in the Appendix for a contested interlocutory\n38.06 Costs of interlocutory application\nWhere the Court orders that a party be paid the costs of an\ninterlocutory application, the party is not entitled to have those costs\ntaxed until after the final disposition of the proceedings unless the\n38.09 Costs in appeals\nIn an appeal under Part 37, each party is to pay his or her own\ncosts subject to:\n(a) the Act under which the appeal is made;\n(b) disciplinary and case management costs orders;\n\nLocal Court (Civil Jurisdiction) Rules 1998 115\n(c) a public interest costs order under rule 38.10; and\n(d) any other costs orders the Court considers appropriate.\n38.10 Public interest costs order\n(1) A party may apply to the Court at any stage of proceedings,\nincluding at the commencement, for a public interest costs order\nunder this rule.\n(2) The applicant must satisfy the Court that the proceedings:\n(a) will determine, enforce or clarify an important right or\nobligation affecting the community or a significant sector of the\ncommunity;\n(b) will affect the development of law generally and may reduce\nthe need for further litigation; or\n(c) otherwise has the character of public interest or test case\n(3) If the Court is satisfied that there are grounds for it to make a public\ninterest costs order, it may make the order it considers appropriate,\nhaving regard to:\n(a) the resources of the parties;\n(b) the likely cost of the proceedings to each party;\n(c) the ability of each party to present his or her case properly or\nto negotiate a fair settlement; and\n(d) the extent of a private or commercial interest each party may\nhave in the litigation.\n(4) When considering the resources of the parties, the Court must have\nregard to the financial circumstances of each party and whether the\nfinancial capacity of a party to pay costs is affected either wholly or\nin part by legal aid, contingency fees, insurance, fighting funds, tax\ndeductibility or any other factor.\n(5) The Court may make an order under this rule despite a party to the\nproceedings having a personal interest in the matter.\n(6) The orders the Court may make under this rule include an order\nthat:\n(a) costs follow the event;\n(b) each party is to bear his or her own costs; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 116\n(c) the party making the application, regardless of the outcome of\nthe proceedings:\n(i) is not to be liable for the other party's costs;\n(ii) is to be liable to pay up to a specified amount or\nproportion only of the other party's costs; or\n(iii) may recover all or part of his or her costs from the other\n38.11 Taxing officer\n(1) Unless the Court orders otherwise, costs taxed in accordance with\nthis Division are to be taxed by a taxing officer.\n(2) The Chief Judge or a judicial registrar may direct an officer of the\nCourt to conduct a taxation.\n(3) An officer directed under subrule (2) to conduct a taxation is not to\ndo so if a party to the taxation or a party's legal practitioner objects\nto the officer conducting the taxation.\n38.12 Bill of costs\n(1) A party entitled to costs may apply to the taxing officer for a taxation\nby filing, not later than 2 months after the final costs order is made:\n(a) a summons for a taxation of costs in accordance with\nForm 38A; and\n(b) a bill in taxable form.\n(2) A bill is to commence with a short narrative that succinctly identifies\nthe issues involved in the proceedings.\n(3) A bill is to consist of 3 parts dealing with the costs of:\n(a) preparation;\n(b) attendance at the hearing; and\n(c) taxation.\n(4) The items claimed in each part are to be listed in chronological\n\nLocal Court (Civil Jurisdiction) Rules 1998 117\n(5) On the filing of a summons for taxation, a registrar must mark on it\nthe date, time and place fixed for the taxation.\n(6) Not later than 21 days before the date fixed for the taxation, the\nparty entitled to costs must serve on the party who is to pay costs a\ncopy of the summons for taxation and the bill.\n38.13 Notice of objection\n(1) If the party who is to pay costs objects to any items in a bill, the\nparty must file and serve a notice of objection to those items in\naccordance with Form 38B and provide in the notice the reason for\neach objection.\n(2) A party must file and serve a notice of objection not later than\n7 days before the date fixed for the taxation.\n(3) If a party who is to pay costs fails to file and serve a notice of\nobjection, there is a presumption that the party has no objection to\nthe bill.\n(4) Nothing in subrule (3) is to be taken to affect the discretion of the\ntaxing officer to tax off items.\n(5) A party who is to pay costs and who does not file a notice of\nobjection is not entitled to be heard at the taxation without the leave\nof the Court.\n38.14 Particular allowances\n(1) The taxing officer may allow a charge for general care and conduct\n(as defined in the Supreme Court Rules 1987) in respect of\npreparation and attendance at the hearing of proceedings.\n(2) No allowance is to be made for specific care and conduct (as\ndefined in the Supreme Court Rules 1987).\n(3) A clerk's time spent in engrossing a document is allowable only\nwhere it is:\n(a) included in an item charged under the composite scale set out\nin the Appendix; or\n(b) 5 or more units.\n38.15 Fee for taxation\nThe fee for a taxation of costs by a taxing officer:\n(a) is the amount specified in item 2 of Schedule 2; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 118\n(b) is to be claimed in the bill.\n38.16 Review of taxing officer's order\n(1) Where a party objects to an order made by the taxing officer\nfollowing the taxing officer's reconsideration of a decision made at\nthe taxation, the party may apply to the Court for a review of the\n(2) An application under subrule (1) is to be heard before a Judge.\n39.01 Interest on judgment and costs\n(1) Subject to subrule (2) and unless the Court orders otherwise, every\njudgment debt carries interest from the date of judgment at the rate\nfixed in accordance with rule 59.02 of the Supreme Court\nRules 1987.\n(2) A judgment debt for costs awarded or fixed by the Court carries\ninterest, at the rate referred to in subrule (1), from the date the\ncosts are fixed or allowed at taxation unless the Court orders\n39.02 Interest on costs in interlocutory application\nWhen a costs order is made in an interlocutory application, interest\ndoes not run on those costs until after the final disposition of the\nproceedings unless the costs order specifies that the costs be taxed\nand payable immediately or within a specified time.\n39.03 Interest up to judgment\n(1) In proceedings, the Court may order that interest is to be included\nin the sum for which judgment is given at the rate it considers\nappropriate on the whole or a part of the sum for the whole or a part\nof the period between the date when the cause of action arose and\nthe date of the judgment.\n(1A) Subrule (1) applies subject to Part 4 of the Personal Injuries\n(Liabilities and Damages) Act 2003.\n(2) Subrule (1) does not:\n(a) authorise the giving of interest on interest;\n(b) apply in respect of a debt on which interest is payable as of\nright, whether by virtue of an agreement or otherwise; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 119\n(c) affect damages recoverable for the dishonour of a bill of\nexchange.\n(3) Where:\n(a) a claim is made for a debt or liquidated demand (whether or\nnot another claim is also made in the proceedings); and\n(b) the plaintiff is entitled under Part 11 to an order for default\njudgment on that claim,\nunless the Court orders otherwise, the plaintiff may enter final\njudgment against the defendant for an amount not exceeding the\namount claimed in the statement of claim together with interest from\nthe commencement of the proceedings up to and including the date\nof judgment:\n(c) on a debt that carries interest – at the rate it carries; or\n(d) on any other amount – at the rate payable on a judgment debt\nduring that time.\n39.04 No interest while instalment order in force\nUnless the Court orders otherwise, no interest is payable on a\njudgment while an instalment order under Chapter 2 is being\ncomplied with.\n40.01 Change in legal practitioner\n(1) Where a legal practitioner acts for a party in proceedings and the\nparty changes his or her legal practitioner, the party must without\ndelay file a notice of the change and serve a copy on the other\nparties and, where practicable, on his or her former legal\npractitioner.\n(2) The address for service of a party who files and serves a notice\nunder subrule (1) is the business address of the new legal\npractitioner.\n40.02 Appointment of legal practitioner\n(1) Where a party in proceedings who had not previously appointed a\nlegal practitioner appoints a legal practitioner to act for him or her,\nthe party must without delay file a notice of the appointment and\nserve a copy on the other parties.\n\nLocal Court (Civil Jurisdiction) Rules 1998 120\n(2) The address for service of a party who files and serves a notice\nunder subrule (1) is the business address of the legal practitioner.\n40.03 Ceasing to act\n(1) Where a legal practitioner ceases to act for a party in proceedings,\nunless a notice of change is filed and served under rule 40.01, the\nlegal practitioner must without delay file a notice that he or she has\nceased to act and serve a copy on all parties.\n(2) A notice under subrule (1) is to state the address of the party last\nknown to the legal practitioner.\n(3) Except with the leave of the Court, a legal practitioner must not file\na notice under subrule (1) later than 56 days before the hearing of\n(4) The address for service of a party where notice is filed and served\nunder subrule (1) is the address of the party stated in the notice.\n(5) Where, under subrule (3), the Court gives a legal practitioner leave\nto file a notice that the legal practitioner has ceased to act, the\nCourt may direct what address is to be the address for service of\nthe party for whom the legal practitioner has ceased to act.\n40.04 Service where practitioner ceases to practise\n(1) Where a legal practitioner who has acted for a party has ceased to\npractise and the party has not given notice under rule 40.01 or the\nlegal practitioner has not given notice under rule 40.03(1), on an\ninterlocutory application made by any other party to the\nproceedings, the Court may give directions for service of\ndocuments on the party.\n(2) Where an order is made under subrule (1), the party who made the\napplication must without delay serve a copy of the order on each\nother party to the proceedings and file an affidavit of service.\n\nLocal Court (Civil Jurisdiction) Rules 1998 121\n42.01 Definitions\nIn this Chapter, unless the contrary intention appears:\njudgment creditor means the person entitled to enforce an order\nfor the payment of money.\njudgment debt means the amount of money payable under an\norder for the payment of money and includes the costs of\nrecovering the amount.\njudgment debtor means the person liable under an order for the\npayment of money.\norder for the payment of money means an order made by the\nCourt for the payment of:\n(a) money, with or without costs; or\n(b) costs alone.\nwarrant of execution means a warrant of seizure and sale,\nwarrant of delivery or warrant of possession.\n42.02 Enforcement of order for payment of money\n(1) An order for the payment of money to a person may be enforced\nby:\n(a) a warrant of seizure and sale issued under Part 44;\n(b) an attachment of earnings order made under Part 48;\n(c) an attachment of debts order made under Part 49;\n(d) an instalment order made under Part 50;\n(e) a charging order made under Part 51; or\n(f) the appointment of a receiver under Part 52.\n\nLocal Court (Civil Jurisdiction) Rules 1998 122\n(2) An order for the payment of money into the Court may be enforced\nby a sequestration order under Part 53.\n42.03 Order against multiple defendants\n(1) Where an order is made against 2 or more defendants jointly, the\norder may be enforced by a warrant of execution or other\nenforcement process against any of the defendants as if the order\nhad been made against the defendant separately.\n(2) If an order against 2 or more defendants jointly is satisfied by one of\nthe defendants, no further steps may be taken to enforce it against\nanother defendant.\n42.04 Order against partners\nAn order made against a firm may be enforced against any or all of\nthe persons who were partners in the firm at the time the cause of\naction arose.\n42.05 Court may stay enforcement\nThe Court may stay enforcement of an order for the payment of\n43.01 Application for issue of warrant of execution\n(1) A warrant of execution is to be issued only if the applicant produces\na form of the warrant to a registrar.\n(2) Where a warrant of execution is to enforce an order:\n(a) for the payment of money; or\n(b) that includes the payment of money,\nthe applicant must file an application in accordance with Form 43A.\n(3) An application under subrule (2) is to state:\n(a) the date of the order;\n(b) the amount for which the order was made;\n(c) the amount owing in respect of the order on the date of the\napplication, including costs to that date;\n\nLocal Court (Civil Jurisdiction) Rules 1998 123\n(d) the interest accrued on the amount referred to in paragraph (c)\nand particulars of how it is calculated;\n(e) the practitioner's costs and the filing fee in respect of the\napplication;\n(f) the bailiff's fee for execution of the warrant applied for;\n(g) the daily amount of interest that, subject to future payments,\nwill accrue after the date of the application; and\n(h) particulars of amounts paid on account or recovered under a\nprevious warrant in respect of the order.\n(4) The bailiff's fee referred to in subrule (3)(f) is not to exceed the fee\nprescribed under section 81(3) of the Act for the warrant of\nexecution applied for.\n43.02 Costs of prior execution\nThe amount for which a warrant of execution may be issued\nincludes the costs and fees in respect of a previous warrant of\nexecution issued to enforce the same order, whether or not that\nwarrant was productive.\n43.03 When warrant of execution issued\n(1) A warrant of execution is issued when the warrant is sealed by the\n(2) A warrant of execution is to bear the date of its issue.\n43.04 Duration and priority\n(1) Subject to subrule (2), a warrant of execution is valid for execution\nfor 12 months after the date on which it is issued.\n(2) The Court may order that the validity of a warrant of execution be\nextended for not more than 12 months from the day on which it\nwould otherwise expire.\n(3) In determining whether to extend the validity of a warrant of\nexecution, the Court must have regard to the attempts made to\nexecute the warrant.\n(4) An order extending validity is not to be made after the day of expiry\nof a warrant of execution.\n(5) Subject to subrules (2), (3) and (4), the Court may make further\norders extending the validity of a warrant of execution.\n\nLocal Court (Civil Jurisdiction) Rules 1998 124\n(6) The priority of a warrant of execution the validity of which has been\nextended is to be determined by reference to the date and time the\nwarrant was originally delivered to the bailiff to whom it was\ndirected for execution.\n43.05 Payment into Court\n(1) Subject to subrule (2), a bailiff must pay into the Court the money\nraised by the sale of property under a warrant of execution.\n(2) A bailiff to whom section 33(1) of the Commercial and Private\nAgents Licensing Act 1979 applies may retain from the money\nraised under a warrant of execution the amount specified in the\nwarrant as the bailiff's fee for executing the warrant.\n(3) After money is paid into the Court under subrule (1), a registrar\nmust:\n(a) pay to the judgment creditor the amount then owing to him or\nher on the judgment debt or the amount paid into the Court,\nwhichever is the lesser;\n(b) if the warrant was executed by a private bailiff to whom\nsection 33(1A) of the Commercial and Private Agents\nLicensing Act 1979 applies – pay to the bailiff, in accordance\nwith that section, the fees to which the bailiff is entitled; and\n(c) return the remaining money (if any) to the judgment debtor.\n44.01 Definition\nIn this Part, unless the contrary intention appears, sale includes\nsale by auction.\n44.02 Application for warrant\n(1) A judgment creditor may apply to a registrar in accordance with\nrule 43.01 for the issue of a warrant of seizure and sale to enforce\nan order for the payment of money.\n(2) A warrant of seizure and sale is to be in accordance with Form 44A.\n44.03 Property that may be seized and sold\n(1) A warrant of seizure and sale authorises the bailiff to seize and sell:\n(a) land described in the warrant; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 125\n(b) personal property belonging to the judgment debtor except\npersonal property necessary for adequate living and\ncontinuation of work.\n(2) Money or bank notes belonging to a judgment debtor may be\nseized under a warrant of seizure and sale but need not be sold.\n(3) Under a warrant of seizure and sale, the bailiff may:\n(a) seize cheques, bills of exchange, bonds, promissory notes,\nspecialities or securities that provide for the payment of money\nto the judgment debtor and hold them as security for a\njudgment debt or the unsatisfied part of a judgment debt; and\n(b) when the time for payment to the judgment debtor arrives:\n(i) demand and receive payment of the money; or\n(ii) sue in a court of competent jurisdiction in the name of\nthe judgment debtor, or in the name of a person in\nwhose name the judgment debtor might have sued, for\nthe recovery of the money.\n44.04 Possession of property not removed\n(1) On the execution of a warrant of seizure and sale, the bailiff need\nnot remove property found on land.\n(2) Where the bailiff leaves seized property on the land where it was\nseized, the bailiff is to be taken to remain in possession of the\nproperty if he or she leaves in a prominent position on the land a\nnotice of the seizure listing the property seized.\n(3) The bailiff must mark property seized and not removed.\n44.05 Procedure for seizure and sale\n(1) Subject to subrules (2) and (3), where it appears to the bailiff that\nproperty subject to seizure and sale under a warrant is more than\nsufficient to satisfy the amount to be raised, the bailiff is to seize or\nsell only so much of the property as appears to be sufficient.\n(2) Subject to subrule (3), the bailiff is to seize or sell property:\n(a) in the order the bailiff considers best for the prompt execution\nof the warrant of seizure and sale without undue expense;\n(b) subject to paragraph (a), in the order the judgment debtor\ndirects; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 126\n(c) subject to paragraphs (a) and (b), in the order the bailiff\nconsiders best for minimising hardship to the judgment debtor\nand other persons.\n(3) Unless the judgment debtor so requests, the bailiff must not sell\nland under a warrant of seizure and sale until all other property\navailable for sale under the warrant has been sold.\n(4) Subrule (3) does not apply where the only property of the judgment\ndebtor available for seizure and sale under a warrant is land.\n(5) The Court may order that property subject to seizure and sale\nunder a warrant be seized or sold otherwise than in accordance\nwith this rule.\n44.06 Notice to judgment debtor\n(1) The bailiff must serve on a person:\n(a) who is the judgment debtor against whom a warrant of seizure\nand sale is issued; or\n(b) who has custody of personal property of the judgment debtor\nreferred to in paragraph (a),\na notice in accordance with Form 44B stating that the person to\nwhom the notice is addressed is responsible for the safekeeping of\nthe judgment debtor's personal property in the person's custody\nthat has been seized under the warrant of seizure and sale.\n(2) A person served with a notice under subrule (1) must not, except\nwith the bailiff's written consent, interfere with, dispose of, or\nremove any seized property from the place where it was seized or\nsituated when the notice was served.\n44.07 Time and place of sale\nThe bailiff must put up for sale all property to be sold under a\nwarrant of seizure and sale:\n(a) as early as practicable, having regard to the interests of the\nparties; and\n(b) at the place that seems to the bailiff best for a beneficial sale\nof the property.\n\nLocal Court (Civil Jurisdiction) Rules 1998 127\n44.08 Advertisement of sale\n(1) Before putting property up for sale under a warrant of seizure and\nsale, the bailiff must advertise the sale by giving notice of the date,\ntime and place of sale, and of particulars of the property, in the\nmanner the bailiff considers best to achieve publicity.\n(2) The bailiff is to advertise the sale of land only when he or she is\nreasonably satisfied that a sealed copy of the warrant of seizure\nand sale has been served on the Registrar-General and that a\nmemorial of the warrant has been entered on the original Certificate\nof Title under the Land Title Act 2000.\n(3) An advertisement relating to the intended sale of land is to include:\n(a) a description of the land, including its location, in terms that\nwill enable interested persons to identify it;\n(b) a statement in general terms of the improvements (if any) that\nthe bailiff believes to be on the land;\n(c) a statement of the last known address of the judgment debtor;\nand\n(d) a statement of the judgment debtor's interest in the land\naccording to the Register under the Land Title Act 2000 and of\nthe entries in the Register that affect or may affect the land.\n(4) The judgment creditor must serve a copy of the advertisement\nreferred to in subrule (3) personally on the judgment debtor not later\nthan 14 days before the date of the proposed sale.\n(5) The Court may dispense with service under subrule (4).\n45.01 Application for warrant\n(1) A person in whose favour the Court makes an order for:\n(a) the delivery of goods; or\n(b) the delivery of goods or recovery of their assessed value,\nmay apply to a registrar in accordance with rule 43.01 for the issue\nof a warrant of delivery to enforce the order.\n(2) A warrant of delivery is to be in accordance with Form 45A.\n\nLocal Court (Civil Jurisdiction) Rules 1998 128\n45.02 Enforcement where order includes payment of money\n","sortOrder":9},{"sectionNumber":"Part 44","sectionType":"part","heading":"applies with the necessary changes to the enforcement of a","content":"Part 44 applies with the necessary changes to the enforcement of a\npart of an order for the delivery of goods that is for the payment of\n45.03 Enforcement where order for value of goods only\nIf an order is for the assessed value of goods only, the order may\nbe enforced by the same means as any other order for the payment\nof money.\nPart 46 Warrant of possession\n46.01 Application for warrant\n(1) A person in whose favour the Court makes an order for the\npossession of land may apply to a registrar in accordance with\nrule 43.01 for the issue of a warrant of possession to enforce the\n(2) A warrant of possession is to be in accordance with Form 46A.\n46.02 Goods need not be removed\nOn the execution of a warrant of possession, the bailiff need not\nremove goods found on land.\n46.03 Enforcement where order includes payment of money\nPart 44 applies with the necessary changes to the enforcement of a\npart of an order for possession of land that is for the payment of\n47.01 Application for examination summons\n(1) If a judgment debtor defaults in the payment of a judgment debt, a\njudgment creditor may apply to a registrar for the issue of an\nexamination summons under section 26 of the Local Court (Civil\nProcedure) Act 1989 by filing:\n(a) an application in accordance with Form 47A; and\n(b) an examination summons in accordance with Form 47B.\n\nLocal Court (Civil Jurisdiction) Rules 1998 129\n(2) The judgment creditor may specify in the application particular\nproperty or matters on which he or she wishes the judgment debtor\nto be examined.\n(3) Where the judgment debtor is a corporation, the examination\nsummons is to require an officer of the corporation to attend to be\norally examined.\n47.02 Filing and issue of examination summons\n(1) The judgment creditor must file:\n(a) sufficient copies of the examination summons to enable\nservice on each judgment debtor who is to be examined; and\n(b) a further copy for the registrar who is to conduct the\nexamination.\n(2) The registrar who issues the examination summons must mark on it\nthe date, time and place fixed for the examination of the judgment\ndebtor.\n(3) Where the examination is to be conducted by a registrar other than\nthe registrar who issued the examination summons, the issuing\nregistrar must as soon as practicable forward a copy of the\nsummons and the application to the Registrar who is to conduct the\nexamination.\n47.03 Service of summons and declaration\nNot later than 14 days before the date fixed for the examination, the\njudgment creditor must serve personally on each judgment debtor\nwho is to be examined:\n(a) a copy of the examination summons; and\n(b) a judgment debtor's declaration of financial circumstances in\naccordance with:\n(i) if the judgment debtor is an individual – Form 47C; or\n(ii) if the judgment debtor is a corporation – Form 47D.\n47.04 Judgment debtor to complete declaration\n(1) Not later than 7 days before the date fixed for the examination, the\njudgment debtor who is to be examined must:\n(a) complete and sign the declaration of financial circumstances;\n(b) return the original to the Court; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 130\n(c) send a copy to the judgment creditor.\n(2) The fact that a completed Form 47C or 47D has not been received\nby the Court does not prevent the issue of other process.\n47.05 Examination of judgment debtor\n(1) At an examination, a judgment debtor summoned to attend must\nproduce the documents described in the examination summons.\n(2) An examination need not be conducted in open court.\n(3) In an examination, the judgment debtor may be examined by:\n(a) the registrar conducting the examination;\n(b) the judgment creditor; or\n(c) a person in the exclusive employ of a judgment creditor.\n(4) An examination need not be confined to matters in the judgment\ndebtor's declaration of financial circumstances.\n47.06 Orders registrar may make\nAfter the examination of a judgment debtor, the Registrar who\nconducted the examination may make an order for payment of the\njudgment debt that the circumstances require, including but not\nlimited to:\n(a) an attachment of earnings order under Part 48;\n(b) an attachment of debts order under Part 49; or\n(c) an instalment order under Part 50.\n47.07 Failure to attend for examination\nIf, at the time fixed (whether originally or on adjournment) for the\nexamination:\n(a) the judgment debtor who is to be examined fails to attend\nbefore the Court;\n(b) the Court has no information that satisfies it that the judgment\ndebt has been paid; and\n(c) there is proof:\n(i) of service on the judgment debtor of the examination\nsummons; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 131\n(ii) of notification of the date, time and place fixed for an\nadjourned examination,\nthe Court may:\n(d) adjourn the examination; or\n(e) make an order that:\n(i) subject to the conditions in subparagraph (ii), a warrant\nfor the arrest of the judgment debtor may be issued; and\n(ii) the judgment debtor may avoid arrest if, not later than\n14 days after the date on which the order was made, he\nor she pays the amount owing to the judgment debtor or\ncontacts the Court to make arrangements to attend\nbefore the Court to be examined and is examined as\narranged.\n47.08 Copy of order\nA registrar must without delay forward a sealed copy of an order\nmade under rule 47.07(e) to the judgment debtor and judgment\ncreditor.\n47.09 Application for arrest warrant\n(1) The judgment creditor may, not less than 14 days after the date on\nwhich an order under rule 47.07(e) is made, apply for the issue of a\nwarrant for the arrest of the judgment debtor if, at the time of the\napplication, the judgment debtor has failed to:\n(a) pay the judgment debt in full; or\n(b) attend before the Court to be examined.\n(2) An application for a warrant for the arrest of a judgment debtor is to\nbe in accordance with Form 47E and is to be filed with a warrant in\naccordance with Form 47F.\n47.10 Duration of arrest warrant\n(1) A warrant for the arrest of a judgment debtor is valid for execution\nfor 12 months after the date on which it is issued.\n(2) The validity of a warrant for the arrest of a judgment debtor may be\nextended in accordance with rule 43.04.\n\nLocal Court (Civil Jurisdiction) Rules 1998 132\n48.01 Definitions\nappropriate deduction means the amount that the Court considers\nto be:\n(a) a reasonable deduction from the net earnings; and\n(b) not more than is necessary,\nto pay the judgment debt within a reasonable time after an\nattachment of earnings order is made.\nearnings means money payable to a judgment debtor by way of:\n(a) wages or salary, including fees, bonuses, commission, pay in\nlieu of leave or retirement benefit, overtime pay or other profits\narising from the judgment debtor's office or employment; or\n(b) a pension, including:\n(i) an annuity for past services whether or not the services\nwere rendered to the person paying the annuity; and\n(ii) periodic payments of compensation for the loss, abolition\nor relinquishment of, or a reduction in profits arising\nfrom, an office or employment,\nbut does not include a pension under the Social Security\nAct 1991 of the Commonwealth or the Veterans' Entitlements\nAct 1986 of the Commonwealth.\nemployer means a person (including the Crown, a Minister of the\nCrown and a statutory authority representing the Crown) by whom,\nas a principal and not as a servant or agent, earnings are payable\nor are likely to become payable to a judgment debtor.\nnet earnings means the earnings payable to a judgment debtor by\nan employer on a pay-day after the deduction of:\n(a) tax instalments under the Income Tax Assessment Act 1936\nof the Commonwealth; and\n(b) superannuation contributions under the Superannuation\nAct 1986 of the Commonwealth.\n\nLocal Court (Civil Jurisdiction) Rules 1998 133\nprotected earnings means the amount of the net earnings below\nwhich the Court considers it unreasonable for the earnings to be\nreduced by a payment to the judgment creditor made in compliance\nwith an attachment of earnings order, having regard to the\nresources and needs of the judgment debtor and any other person\nfor whom the judgment debtor provides or reasonably may provide.\n48.02 Attachment of earnings order\n(1) If a registrar is satisfied that a judgment debtor:\n(a) is a person to whom earnings are payable or are likely to\nbecome payable; and\n(b) has failed to comply with an order for the payment of money,\nthe registrar may make an attachment of earnings order in\naccordance with this Part.\n(2) Where an attachment of earnings order is in force, a registrar must\nnot:\n(a) issue a warrant;\n(b) issue other process of execution; or\n(c) make an order,\nfor the enforcement of the order to which the attachment of\nearnings order relates unless the Court orders otherwise.\n48.03 Attachment of earnings order in place of other order\nWhere an application is made to the Court to enforce an order for\nthe payment of money, the Court may make an attachment of\nearnings order instead of making some other order.\n48.04 Application for attachment of earnings order\n(1) A judgment creditor may apply for an attachment of earnings order\nby filing:\n(a) an attachment of earnings summons in accordance with\nForm 48A; and\n(b) an affidavit in accordance with Form 48B.\n(2) The affidavit may contain statements of fact based on information\nand belief if the grounds are set out.\n\nLocal Court (Civil Jurisdiction) Rules 1998 134\n(3) When a registrar issues an attachment of earnings summons, he or\nshe must fix a date, time and place for the hearing of the application\nand mark them on the summons.\n(4) Not later than 14 days before the date fixed for the hearing, the\njudgment creditor must serve personally on the judgment debtor:\n(a) a copy of the attachment of earnings summons;\n(b) a copy of the affidavit; and\n(c) a judgment debtor's declaration of financial circumstances in\naccordance with Form 47C.\n(5) Not later than 7 days before the date fixed for the hearing, the\njudgment debtor must:\n(a) complete and sign the declaration of financial circumstances;\n(b) return the original declaration to the Court; and\n(c) serve a copy on the judgment creditor.\n48.05 Order in absence of judgment debtor\n(1) If the judgment debtor fails to attend the hearing, a registrar may\nmake an attachment of earnings order if he or she has sufficient\ninformation about the judgment debtor's financial circumstances\nand is satisfied that the judgment debtor:\n(a) was served with a copy of the attachment of earnings\nsummons and affidavit;\n(b) had a reasonable opportunity of attending the hearing; and\n(c) is employed by an identified employer.\n(2) For the purposes of this rule, a registrar may act on:\n(a) the assumption that the debtor is earning the average weekly\nwage for the Territory at the time of the hearing;\n(b) evidence given by or on behalf of the judgment debtor's\nemployer;\n(c) evidence given by a spouse or de facto partner of the\njudgment debtor;\n(d) information given in the judgment debtor's declaration of\nfinancial circumstances; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 135\n(e) information given in an examination of the judgment debtor\nunder Part 47.\n(3) If the registrar has, in his or her opinion, sufficient evidence to\ndetermine the appropriate deduction and the protected earnings\nand that evidence includes:\n(a) information given in the judgment debtor's declaration of\nfinancial circumstances; or\n(b) information given in an examination of the judgment debtor\nunder Part 47,\nthe registrar may make an attachment of earnings order with the\nappropriate deduction and the protected earnings specified in\ndollars.\n(4) If the registrar does not have sufficient evidence to determine the\nappropriate deduction and the protected earnings in dollars, the\nregistrar may make an attachment of earnings order with those\namounts specified as percentages of the net earnings, provided\nthat the protected earnings are specified as 80% or more.\n48.06 Form and content of order\n(1) An attachment of earnings order is to be in accordance with\nForm 48C.\n(2) An attachment of earnings order is to specify:\n(a) the date on which and the amount for which the order for the\npayment of money was made;\n(b) the amount owing in respect of the judgment debt on the date\nthe attachment of earnings order is made;\n(c) the appropriate deduction;\n(d) the protected earnings; and\n(e) an amount, specified in dollars, the employer may deduct from\nthe net earnings and pay to himself or herself for the\nadministrative costs of making payments in compliance with\nthe attachment of earnings order.\n48.07 When order comes into force\nAn attachment of earnings order comes into force at the end of\n7 days after the day on which the order is served on the employer.\n\nLocal Court (Civil Jurisdiction) Rules 1998 136\n48.08 Service of order\n(1) The judgment creditor must serve an attachment of earnings order\npersonally on the judgment debtor and employer.\n(2) The judgment creditor must also serve personally on the employer:\n(a) a notice in accordance with Form 48D informing the employer\nof the effect of the attachment of earnings order and the\nemployer's obligation under this Part; and\n(b) 2 copies of a notice in accordance with Form 48E.\n48.09 Notice by person who is not employer\n(1) If a person served with an attachment of earnings order directed to\nthat person is not the judgment debtor's employer at the time of\nservice, the person must, promptly after service, give notice of that\nfact to a registrar and the judgment creditor in accordance with\nForm 48E.\n(2) If a person served with an attachment of earnings order directed to\nthe person is the employer of the judgment debtor at the time of\nservice, but later ceases to be the judgment debtor's employer, the\nperson must, promptly after ceasing to be the judgment debtor's\nemployer, give notice of that fact to a registrar and the judgment\ncreditor in accordance with Form 48E.\n48.10 Payments by employer\n(1) For the purposes of this rule, excess means the amount by which\nthe net earnings are in excess of the protected earnings specified in\nan attachment of earnings order.\n(2) Where an attachment of earnings order is in force, on each pay-day\nthat there is an excess the employer to whom the order is directed\nmust make payments out of the excess in accordance with this rule.\n(3) Subject to subrule (4), the employer:\n(a) may first pay to himself or herself the amount specified in the\norder for the employer's administrative costs; and\n(b) must then pay to the judgment creditor the appropriate\ndeduction specified in the order.\n\nLocal Court (Civil Jurisdiction) Rules 1998 137\n(4) If the excess is insufficient to allow for payment in full under\nsubrule (3), the employer:\n(a) on that pay-day – may first pay as much as the excess allows\ntowards the administrative costs;\n(b) on that pay-day – must then pay as much as the excess\nallows towards the appropriate deduction; and\n(c) on a later pay-day – must pay the deficit in accordance with\nsubrule (5).\n(5) If on a pay-day there remains an excess after payment under\nsubrule (3), the employer must pay from that excess as much of the\ntotal deficit from previous pay-days as the excess allows:\n(a) first towards the outstanding administrative costs; and\n(b) then towards the outstanding appropriate deductions.\n48.11 Notice to judgment debtor of payments\nAn employer who makes a payment in compliance with an\nattachment of earnings order must give the judgment debtor a\nnotice specifying the particulars of the payment.\n48.12 Multiple attachment of earnings orders\n(1) Where 2 or more attachment of earnings orders are in force in\nrespect of an employee (whether made under these Rules or\notherwise), the employer to whom the orders are directed must:\n(a) comply with the orders according to:\n(i) the respective dates; or\n(ii) if served on the same date – the respective times,\nthey were served on the employer; and\n(b) disregard an order served on the employer at a later date or\ntime until an order served earlier has been complied with.\n(2) For the purpose of this rule, where an attachment of earnings order\nis varied under rule 48.15, it is to be taken to have been made as\nvaried on the date the attachment of earnings order was made.\n\nLocal Court (Civil Jurisdiction) Rules 1998 138\n48.13 Failure of employer to comply with order\n(1) If the employer wilfully fails to comply with the attachment of\nearnings order, the judgment creditor may apply to have the order\nenforced against the employer by filing:\n(a) an application in accordance with Form 48F; and\n(b) an affidavit in support of the application.\n(2) A registrar must fix a date, time and place for the hearing of the\napplication and mark them on the application.\n(3) The judgment creditor must serve the application and affidavit\npersonally on the employer not later than 14 days before the date\nfixed for the hearing.\n48.14 Determination of earnings\n(1) An employer may apply to the Court for a determination as to\nwhether payments of a particular description are earnings for the\npurpose of an attachment of earnings order.\n(2) An application under subrule (1) is to be made in the proceedings in\nwhich the attachment of earnings order is made.\n(3) An applicant under subrule (1) does not incur a liability for failing to\ncomply with the attachment of earnings order with respect to a\npayment of earnings to the judgment debtor of the description\nspecified in the application while the application, or an appeal from\nan order made at the hearing of the application, is pending.\n48.15 Discharge, suspension or variation of order\n(1) The judgment creditor or the judgment debtor may apply to the\nCourt for an order to discharge, suspend or vary an attachment of\nearnings order.\n(2) The judgment creditor or judgment debtor must serve an order\ndischarging, suspending or varying an attachment of earnings order\non:\n(a) the judgment debtor or judgment creditor, as the case may be;\nand\n(b) the employer.\n(3) An order discharging, suspending or varying an attachment of\nearnings order comes into force at the end of 7 days after the day\non which the order is served on the employer.\n\nLocal Court (Civil Jurisdiction) Rules 1998 139\n48.16 Cessation of order\n(1) An attachment of earnings order ceases to have effect:\n(a) on being discharged under rule 48.15; or\n(b) unless the Court orders otherwise, on the making of another\norder for the enforcement of the order for the payment of\nmoney in relation to which the attachment of earnings order\nwas made.\n(2) When an attachment of earnings order ceases to have effect, a\nregistrar must promptly give notice to the employer in accordance\nwith Form 48G.\n(3) When an attachment of earnings order ceases to have effect, the\nemployer does not incur a liability for treating the order as still in\nforce at any time before:\n(a) a copy of the order discharging the attachment of earnings\norder is served on the employer (where applicable); or\n(b) the end of 7 days after the day on which notice is given under\nsubrule (2),\nwhichever occurs first.\n49.01 Interpretation\n(1) In this Part:\ndebts does not include earnings under Part 48.\ngarnishee means a person from whom a judgment creditor claims\nthat a debt is due or accruing to a judgment debtor.\n(2) For the purposes of the definition of garnishee in subrule (1), an\namount standing to the credit of a judgment debtor in an account in\nan ADI, co-operative housing society or similar society, investment\nfund or corporation is a debt due or accruing to the judgment\ndebtor, whether or not a demand or notice is required before money\nmay be withdrawn.\n\nLocal Court (Civil Jurisdiction) Rules 1998 140\n49.02 When attachment of debts order may be made\n(1) For the enforcement of an order for the payment of money, a\nregistrar may order that all debts due or accruing to the judgment\ndebtor from a garnishee specified in the order made by the registrar\nare to be attached to satisfy the judgment debt.\n(2) A debt may be attached under this Part if it is due or accruing to the\njudgment debtor from the garnishee on the day on which a\njudgment creditor applies for an attachment of debts order.\n49.03 Application for order\n(1) A judgment creditor may apply for an attachment of debts order by\nfiling:\n(a) a garnishee summons in accordance with Form 49A; and\n(b) an affidavit stating:\n(i) that the judgment debt is unsatisfied, either wholly or to\na specified amount;\n(ii) that a debt is due or accruing to the judgment debtor\nfrom the garnishee;\n(iii) the particulars identifying the transaction between the\njudgment debtor and the garnishee under which the debt\nis due or accruing; and\n(iv) that the garnishee is in the Territory.\n(2) An affidavit under this rule may contain statements of fact based on\ninformation and belief if the grounds are set out.\n(3) The registrar who issues the summons must mark on it the date,\ntime and place fixed for the hearing of the application.\n49.04 Service of summons and affidavit\nThe judgment creditor must serve a copy of the garnishee\nsummons and affidavit personally on the garnishee and judgment\ndebtor not later than 14 days before the date fixed for the hearing of\nthe application.\n\nLocal Court (Civil Jurisdiction) Rules 1998 141\n49.05 Dispute of liability by garnishee\n(1) If a garnishee disputes liability for payment of the debt to the\njudgment debtor, he or she may file and serve on the judgment\ncreditor and judgment debtor an affidavit stating that fact and the\ngrounds on which liability is disputed.\n(2) The affidavit is to be served not less than 7 days before the date\nfixed for the hearing.\n(3) At the hearing, the Court must determine liability or give directions\nfor its determination.\n49.06 Claim by another person\n(1) A person (other than the judgment debtor) who claims to be entitled\nto an attached debt or to a charge or lien on it may apply to the\nCourt to determine the claim or entitlement or to give directions for\nits determination.\n(2) An application under subrule (1) is to be made in the proceedings in\nwhich the garnishee summons is issued.\n49.07 Attachment of debts order\n(1) An attachment of debts order is to be in accordance with:\n(a) where the attached debt is less than the judgment debt,\ninterest and costs – Form 49B; or\n(b) where the attached debt is more than the judgment debt,\ninterest and costs – Form 49C.\n(2) A registrar may refuse to issue a garnishee summons or to make\nan attachment of debts order if the registrar is of the opinion that\nthe order sought is worthless or vexatious because of the smallness\nof the amount to be recovered or the debt sought to be attached or\n49.08 Service of order\n(1) A judgment creditor must serve an attachment of debts order\npersonally on the garnishee not later than 7 days after the order is\nmade.\n(2) An attachment of debts order binds the debt to which it applies on\nservice of the order.\n\nLocal Court (Civil Jurisdiction) Rules 1998 142\n49.09 Time for payment by garnishee\n(1) A garnishee must pay a debt due, in accordance with an\nattachment of debts order, not later than 21 days after service of\nthe order on the garnishee.\n(2) A garnishee must pay a debt accruing, in accordance with an\nattachment of debts order, not later than 21 days after the accrual\nof the debt.\n49.10 Failure to comply\nIf a garnishee fails to comply with an attachment of debts order, the\njudgment creditor may apply to the Court to have the order\nenforced against the garnishee.\n49.11 Discharge of garnishee\nA payment made by a garnishee in compliance with, or an\nexecution levied against a garnishee under, an attachment of debts\norder is a valid discharge of the garnishee's liability to the judgment\ndebtor to the extent of the amount paid or levied even if\nsubsequently the garnishee proceedings are set aside or the order\nfrom which they arose is reversed or varied.\n50.01 Application for instalment order\n(1) Where, under section 27(2)(b) of the Local Court (Civil Procedure)\nAct 1989, a judgment creditor or judgment debtor applies for an\ninstalment order, he or she must file an application in accordance\nwith Form 50A.\n(2) A judgment creditor or judgment debtor may apply for the variation\nor cancellation of an instalment order by filing an application in\naccordance with Form 50B.\n(3) Where the applicant under subrule (1) or (2) is the judgment\ncreditor, he or she must also file an affidavit stating the facts on\nwhich the application is based.\n(4) Where the applicant under subrule (1) or (2) is the judgment debtor,\nhe or she must also file a declaration of financial circumstances in\naccordance with Form 47C or 47D, whichever is applicable.\n(5) Copies of the application and affidavit are to be served on the other\nparty as soon as practicable after they are filed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 143\n(6) The filing of an application for an instalment order operates as a\nstay of execution unless the Court orders otherwise.\n50.02 Registrar may make or refuse to make order\n(1) A registrar must consider an application filed under rule 50.01 as\nsoon as practicable after it is filed and may:\n(a) make an order:\n(i) that the judgment debt be paid in instalments;\n(ii) that an instalment order be varied or cancelled; or\n(iii) that the Court considers appropriate; or\n(b) refuse to make the order sought.\n(2) A registrar must, as soon as practicable, give to the judgment\ncreditor and judgment debtor:\n(a) a copy, in accordance with Form 50C, of an order made under\nsubrule (1)(a); or\n(b) a notice, in accordance with Form 50D, of refusal to make an\norder under subrule (1)(b).\n50.03 Notice of objection\n(1) Not later than 14 days after the date of:\n(a) the order made under rule 50.02(1)(a); or\n(b) the notice of refusal to make an order under rule 52.02(1)(b),\nthe judgment creditor or judgment debtor may object to the order or\nrefusal by filing a notice in accordance with Form 50E.\n(2) On the filing of a notice of objection, a registrar must fix a date, time\nand place for the hearing of the objection, to be held not later than\n14 days after the notice of objection is filed, and mark them on the\n(3) A copy of the notice of objection is to be served on the other party\nas soon as practicable after it is filed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 144\n50.04 Judgment debtor to produce documents\nAt the hearing of an objection referred to in rule 50.03(2), the\njudgment debtor must produce the documents necessary to prove\nthe statements in the judgment debtor's declaration of financial\ncircumstances.\n50.05 Consent to instalment order\nA person on whom an application is served under rule 50.01(5) may\nconsent to the order sought by filing and serving a notice of consent\nin accordance with Form 50F.\n50.06 Instalment agreement\n(1) A judgment debtor and a judgment creditor may enter into an\nagreement for the payment of a judgment debt by instalments (in\nthis rule called an instalment agreement), whether or not an\ninstalment order has been made.\n(2) Each party must sign the instalment agreement in the presence of a\nwitness (other than the other party) who must also sign the\nagreement.\n(3) An instalment agreement is to be:\n(a) in writing, and may be in accordance with Form 50G; and\n(b) filed not later than 7 days after the parties have signed the\nagreement.\n(4) When a signed instalment agreement is filed, it has the same effect\nas an order of the Court for the payment of money by instalments.\n51.01 Definitions\nsecurities includes:\n(a) stock issued by, funds of or an annuity granted by the\nCommonwealth or a State or Territory of the Commonwealth;\n(b) stock of a corporation; and\n(c) dividends or interest payable on securities.\n\nLocal Court (Civil Jurisdiction) Rules 1998 145\nstock includes shares, debenture stock, bonds, notes or other\nsecurity.\n51.02 Application for charging order\n(1) A judgment creditor may apply to the Court for a charging order\nunder section 22(13) of the Local Court (Civil Procedure) Act 1989\nby filing:\n(a) a charging summons in accordance with Form 51A; and\n(b) an affidavit in support of the application.\n(2) A judgment creditor may apply for a charging order without notice.\n(3) When a registrar issues a charging summons, he or she must fix a\ndate, time and place for the hearing of the application and mark\nthem on the summons.\n51.03 Charging summons\n(1) A charging summons is to identify the securities in respect of which\nit is filed and state that:\n(a) on service of the charging summons on the government or\ncorporation to which it is addressed, the government or\ncorporation must not, except by order of the Court:\n(i) cause or permit a transfer of any of the securities; or\n(ii) pay to a person a dividend or interest on any of the\nsecurities; and\n(b) on service of the charging summons on the judgment debtor,\na disposition by the judgment debtor of his or her interest in\nany of the securities made before the application for a\ncharging order is heard by the Court is invalid as against the\njudgment creditor unless the Court orders otherwise.\n51.04 Evidence in supporting affidavit\n(1) An affidavit in support of an application for a charging order is to:\n(a) state that the judgment debt is unsatisfied, either wholly or to a\nspecified amount;\n(b) identify the securities in respect of which the charging order is\nsought and state in whose name they stand; and\n(c) state that the judgment debtor has a beneficial interest in the\nsecurities and describe that interest.\n\nLocal Court (Civil Jurisdiction) Rules 1998 146\n(2) An affidavit under this rule may contain statements of fact based on\ninformation and belief if the grounds are set out.\n51.05 Service of summons\n(1) Not later than 7 days before the date for the hearing as marked on\nthe charging summons, the judgment creditor must serve a copy of\nthe charging summons and supporting affidavit:\n(a) on the judgment debtor; and\n(b) personally on the government or corporation.\n(2) The Court may dispense with service on the judgment debtor.\n51.06 Effect of service of summons\n(1) If, without the authority of the Court, a government or corporation\nserved with a charging summons:\n(a) causes or permits any of the securities to which the charging\nsummons relates to be transferred; or\n(b) pays to a person a dividend or interest on any of the\nsecurities,\nit is liable to pay to the judgment creditor an amount equal to the\nvalue of the securities transferred or the dividend or interest paid, or\nso much of that value as is sufficient to pay the judgment debt.\n(2) A disposition by the judgment debtor of his or her interest in any of\nthe securities to which a charging summons relates made:\n(a) after the service of the summons on the judgment debtor; and\n(b) before the application for the charging order is heard,\nis invalid as against the judgment creditor unless the Court orders\n51.07 Charging order\n(1) On the hearing of an application, the Court may make a charging\norder with respect to securities to which the charging summons\nrelates.\n(2) If the judgment debtor:\n(a) does not attend the hearing of the application; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 147\n(b) attends the hearing but does not dispute the evidence in the\naffidavit in support of the application,\nthe Court may make a charging order on the evidence before it.\n51.08 Effect and enforcement of charge\nA charge imposed by a charging order has the same effect, and\ngives the judgment creditor the same remedies for enforcing it, as if\nit were a valid charge effectively given by the judgment debtor.\n51.09 Variation or discharge of order\nThe Court may at any time, by order:\n(a) vary the effect under rule 51.06 of the service of a charging\nsummons; or\n(b) vary or discharge a charging order.\n52.01 Application for appointment of receiver\n(1) A judgment creditor may apply for the appointment of a receiver by\nway of equitable execution in accordance with Order 39 of the\nSupreme Court Rules 1987.\n(2) Order 39 of the Supreme Court Rules 1987 applies to a receiver\nappointed under this Part in the same way as it applies to a receiver\nappointed for any other purpose.\n52.02 Determination of application\nBefore determining an application for the appointment of a receiver\nby way of equitable execution, the Court:\n(a) must have regard to:\n(i) the amount claimed by the judgment creditor;\n(ii) the amount likely to be obtained by the receiver; and\n(iii) the probable costs of his appointment; and\n(b) may direct an inquiry on these or any other matters.\n\nLocal Court (Civil Jurisdiction) Rules 1998 148\n53.01 Application for sequestration order\n(1) A person seeking to enforce an order for the payment of money into\nthe Court may apply for a sequestration order referred to in\nsection 22(15) of the Local Court (Civil Procedure) Act 1989.\n(2) Where a person applies for a sequestration order against a\ncorporation, the person may apply for an order for the sequestration\nof the property of:\n(a) the corporation;\n(b) an officer of the corporation; or\n(c) the corporation and an officer of the corporation.\n(3) A person applies for a sequestration order by filing:\n(a) a sequestration summons in accordance with Form 53A; and\n(b) an affidavit in support of the sequestration summons.\n(4) A registrar must fix a date, time and place for the hearing of the\napplication and mark them on the sequestration summons.\n53.02 Service of summons\n(1) A copy of the sequestration summons and affidavit is to be served\npersonally on the person ordered to pay money into the Court.\n(a) the person ordered to pay money into the Court is a\ncorporation; and\n(b) sequestration of the property of an officer of the corporation is\nsought,\na copy of the sequestration summons and affidavit is to be served\npersonally on the corporation and the officer.\n53.03 Sequestration order against officer\n(a) the person ordered to pay money into the Court is a\ncorporation; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 149\n(b) an order is made for the sequestration of the property of an\nofficer of the corporation (whether or not an order for\nsequestration is also made against the corporation),\nthe sequestration order:\n(c) is to give the same authority and direction to the sequestrators\nwith respect to the real and personal estate of the officer as in\nthe case of an order against a corporation; and\n(d) is to provide that the sequestrators must keep the estate\nunder sequestration in their hands until the corporation\ncomplies with the order to be enforced by sequestration or\nuntil further order.\n53.04 Discharge of order\nThe Court may discharge a sequestration order.\n53A.01 Application for victim's certificate\nA person's application for a victim's certificate under section 28C(1)\nof the Local Court (Civil Procedure) Act 1989 must be in\naccordance with Form 53AA.\n53A.02 Certificate for victims of identity crime\nFor section 28C(3) of the Local Court (Civil Procedure) Act 1989,\nthe prescribed form is Form 53AB.\n\nLocal Court (Civil Jurisdiction) Rules 1998 150\n54.01 Repeal\n(1) The Local Court Rules (Regulations 1990, No. 21; 1990, No. 58;\n1991, No. 29; 1991, No. 70; 1992, No. 43 and 1994, No. 31) in\nforce immediately before the commencement of these Rules are\nrepealed.\n(2) The Local Court (Small Claims Fees) Rules (Regulations 1990,\nNo. 59 and 1991, No. 46) are repealed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 151\nrule 3.07(1)\nFORM 3A\nrule 3.10(1)\nAUTHORISATION TO FILE DOCUMENTS BY ELECTRONIC\nTRANSMISSION\nTO [name and address of authorised person]\nYou are authorised to file documents in the Local Court by electronic\ntransmission.\nThe filing date of a document filed by electronic transmission is the date on\nwhich it is received by the Court.\nYou must keep a hard copy of every document filed by electronic transmission\nand you must provide the Court with a hard copy if requested by a registrar to\ndo so.\nChief Judge\n\nLocal Court (Civil Jurisdiction) Rules 1998 152\nFORM 5A\nrule 5.04(2)\nNOTICE OF TRANSFER OF PROCEEDINGS FROM SUPREME COURT TO\nLOCAL COURT\nand\nTO [NAME AND ADDRESS OF PARTY]\nOn [date] an order was made in the Supreme Court that these proceedings be\ntransferred to the Local Court at [venue].\nThe Local Court has received the court file relating to these proceedings and\nhas assigned the above claim number to the proceedings.\n* The plaintiff must:\n(a) file in the Local Court a concise statement of the particulars of\nthe plaintiff's claim not later than 14 days after being served\nwith this notice; and\n(b) serve a copy on the other parties not later than 7 days after\nfiling the statement of particulars.\n* A conciliation conference has been listed to take place at the Court at\n[address of Court] at a.m./p.m. on or as soon afterwards as the\nAll parties must attend the conciliation conference.\nAn individual must attend the conference personally and be prepared to\ndiscuss all issues. An officer or employee of a corporation must be authorised\nby the corporation to attend the conference and to settle the matter if possible.\nA partner of a firm must have the unfettered written authority of all the other\npartners to attend the conference and to settle the matter if possible.\nAttendance at the conference on behalf of the Territory must be by an\nemployee (as defined in the Public Sector Employment and Management\nAct 1993) of the agency for which the Territory is conducting the proceedings,\nauthorised in writing by the Chief executive Officer of that agency to attend the\nconference and to settle the matter if possible.\n\nLocal Court (Civil Jurisdiction) Rules 1998 153\nA person attending the conference may be accompanied by a legal\nIf a plaintiff fails to attend, the Court may strike out the claim. If a defendant\nfails to attend, the Court may give the plaintiff leave to proceed as if a notice\nof defence had not been filed or may make other orders it considers\nappropriate. A party who is unable to attend should contact a registrar of the\nLocal Court. A registrar may give you leave to attend by teleconferencing. The\nCourt may dispense with the requirement of attendance in person (either\nphysically or by teleconferencing) in special circumstances.\n\nLocal Court (Civil Jurisdiction) Rules 1998 154\nFORM 5B\nrule 5.18(2)\nNOTICE OF DISCONTINUANCE OR WITHDRAWAL\nTO [NAME AND ADDRESS OF PARTY]\nThe [identify party] gives notice that:\n* the *claim/counterclaim* filed on [e.g. 2 December 1997] is discontinued.\n* the notice of defence filed on [e.g. 2 December 1997] is withdrawn.\n[signature of party\n\nLocal Court (Civil Jurisdiction) Rules 1998 155\nFORM 7A\nrule 7.02(1)(a)\nand\nThis statement of claim has been brought against you by the plaintiff for the\nclaim set out below.\n","sortOrder":10},{"sectionNumber":"28","sectionType":"section","heading":"DAYS after being served with this statement of claim:","content":"28 DAYS after being served with this statement of claim:\nand\n(b) serve a copy on the plaintiff.\nIF YOU DO NOT file and serve a notice of defence, the plaintiff may OBTAIN\nJUDGMENT AGAINST YOU on the claim without further notice.\nTHE PLAINTIFF CLAIMS [set out concise statement of the nature of the\nclaim] particulars of which are set out below, and seeks [set out statement of\namount, relief or remedy sought].\n*If you pay the amount of $ and costs of $ to the plaintiff or the\nplaintiff's legal practitioner without filing and serving a notice of defence you\nmay avoid further costs.\nPARTICULARS OF CLAIM\n[set out particulars of claim]\n[signature of plaintiff\n\nLocal Court (Civil Jurisdiction) Rules 1998 156\n1. This statement of claim was filed:\n4. The address of the defendant is:\nWHAT TO DO WHEN YOU GET A STATEMENT OF CLAIM\nThe person called the plaintiff has a claim against you and wants the Court to\ndecide it.\nYou can:\n1. File a notice of defence.\nYou must fill out the form headed \"NOTICE OF DEFENCE\" that\ncame with this claim explaining why you are not responsible for part\nor all of the amount the plaintiff claims. This form should be filed\nwith a registrar at the Court and a copy served on the plaintiff.\n2. Pay the amount of the claim and the plaintiff's legal costs.\nIf you intend to do this you should contact the plaintiff or the\nplaintiff's legal practitioner immediately and make arrangements to\npay. Make sure you get any agreements in writing.\n3. File an application for an instalment order.\nIf you admit you owe the amount claimed but cannot pay it all at\nonce you may apply to the Court for an instalment order. Forms for\nthis are available from the Court office. You must file the original\nwith the Court and serve a copy on the plaintiff.\n\nLocal Court (Civil Jurisdiction) Rules 1998 157\nWarning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE\nMADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND\nADDITIONAL LEGAL COSTS. IF JUDGMENT IS ENTERED AGAINST\nYOU, THE JUDGMENT DEBT (THE AMOUNT YOU MUST PAY TO THE\nPLAINTIFF) CARRIES INTEREST FROM THE DATE OF JUDGMENT AT\nTHE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE\nSUPREME COURT RULES 1987. INFORMATION ABOUT THE\n\nLocal Court (Civil Jurisdiction) Rules 1998 158\nand\nI,\nof\nserve the defendant\n(full name of defendant)\nwith this statement of claim by delivering a true copy of the statement of claim\nto the defendant at\nI identified the defendant as follows:\n\nLocal Court (Civil Jurisdiction) Rules 1998 159\nFORM 7B\nrule 7.02(1)(b)\nSTATEMENT OF CLAIM IN RELATION TO MOTOR VEHICLE COLLISION\nand\nThis statement of claim has been brought against you by the plaintiff for the\nclaim set out below.\n28 DAYS after being served with this statement of claim:\nand\n(b) serve a copy on the plaintiff.\nIF YOU DO NOT file and serve a notice of defence, the plaintiff may OBTAIN\nJUDGMENT AGAINST YOU on the claim without further notice.\nTHE PLAINTIFF CLAIMS damages arising out of a collision, details of which\nare set out below.\n*If you pay the amount of $ and costs of $ to the plaintiff or the\nplaintiff's legal practitioner without giving notice of defence you may avoid\nfurther costs.\nPARTICULARS OF CLAIM\nWHAT IS THE NATURE OF YOUR CLAIM? (e.g. cost of repairs to motor\nvehicle; cost of repairs to damaged fence.)\nWHERE DID YOUR CLAIM ARISE? (Give the location of the collision, and in\nthe space below draw a sketch plan of the collision with names of roads, &c.,\nidentify your vehicle as \"1\", the vehicle driven by the defendant as \"2\" and any\nother vehicles involved as \"3\", \"4\", \"5\", &c.)\nWHEN DID YOUR CLAIM ARISE?\n\nLocal Court (Civil Jurisdiction) Rules 1998 160\nHOW DID THE COLLISION HAPPEN? (You must set out here in as much\ndetail as you can how the collision happened and why you believe the\ndefendant is at fault. If the space is insufficient you may attach other sheets.)\n#HOW MUCH ARE YOU CLAIMING?\n[signature of plaintiff\n# You must attach an itemised quotation giving full details of property\ndamage.\n1. This statement of claim was filed:\n4. The address of the defendant is:\nWHAT TO DO WHEN YOU GET A STATEMENT OF CLAIM\nThe person called the plaintiff has a claim against you and wants the Court to\ndecide it.\n\nLocal Court (Civil Jurisdiction) Rules 1998 161\nYou can:\n1. File a notice of defence.\nYou must fill out the form headed \"NOTICE OF DEFENCE\" that\ncame with this claim explaining why you are not responsible for part\nor all of the amount the plaintiff claims. This form should be filed\nwith the Court and a copy served on the plaintiff.\n2. Pay the amount of the claim and the plaintiff's legal costs.\nIf you intend to do this you should contact the plaintiff or his or her\nlegal practitioner immediately and make arrangements to pay.\nMake sure you get any agreements in writing.\n3. File an application for an instalment order.\nIf you admit you owe the amount claimed but cannot pay it all at\nonce you may apply to the Court for an instalment order. Forms for\nthis are available from the Court office. You must file the original\nwith the Court and serve a copy on the plaintiff.\nWarning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE\nMADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND\nADDITIONAL LEGAL COSTS. IF JUDGMENT IS ENTERED AGAINST\nYOU, THE JUDGMENT DEBT (THE AMOUNT YOU MUST PAY TO THE\nPLAINTIFF) CARRIES INTEREST FROM THE DATE OF JUDGMENT AT\nTHE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE\nSUPREME COURT RULES 1987. INFORMATION ABOUT THE\n\nLocal Court (Civil Jurisdiction) Rules 1998 162\nand\nI,\nof\nserve the defendant\n(full name of defendant)\nwith this statement of claim by delivering a true copy of the statement of claim\nto the defendant at\nI identified the defendant as follows:\n\nLocal Court (Civil Jurisdiction) Rules 1998 163\n\nLocal Court (Civil Jurisdiction) Rules 1998 164\nFORM 7C\nrule 7.08(1)\nORIGINATING APPLICATION BETWEEN PARTIES\nand\nTO THE RESPONDENT\nThese proceedings have been commenced against you by the applicant who\nhas applied to the Court for the order or relief referred to above.\nIF YOU INTEND TO APPEAR before the Court in respect of these\nproceedings YOU MUST, NOT LATER THAN 28 DAYS after being served\nwith this originating application:\n(a) file with a registrar of the Local Court at [venue] a notice of intention to\nappear; and\n(b) serve a copy of the notice on the applicant.\nAfter you have filed a notice to appear, the Court will fix a date, time and place\nfor a CONCILIATION CONFERENCE and will send you and the applicant a\nnotice containing the necessary information about the conference.\n\nLocal Court (Civil Jurisdiction) Rules 1998 165\nIF YOU DO NOT file and serve a notice of intention to appear, the applicant\nmay OBTAIN JUDGMENT AGAINST YOU without further notice.\nperson, the address in 2. If the applicant is represented by a legal\nWHAT TO DO WHEN YOU GET AN ORIGINATING APPLICATION\nThe person called the applicant has commenced proceedings against you in\nthe Court.\nYOU MUST, NOT LATER THAN 28 DAYS after being served with this\napplication, fill out the accompanying notice headed \"NOTICE OF\nINTENTION TO APPEAR\", file the notice with a registrar at the Court, and\nserve a copy on the applicant. The Court will then fix a date, time and place\nfor a conciliation conference and will send you and the applicant a notice\ncontaining the necessary information about the conference. If you do not file a\nnotice of intention to appear, the Court may make a judgment against you\nwithout further notice.\nWarning: IF JUDGMENT IS ENTERED AGAINST YOU AND THE COURT\nHAS ORDERED YOU TO PAY AN AMOUNT OF MONEY TO THE\nAPPLICANT, THAT AMOUNT CARRIES INTEREST FROM THE DATE OF\nJUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02\nOF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE\n\nLocal Court (Civil Jurisdiction) Rules 1998 166\nand\nI,\nof\n\nLocal Court (Civil Jurisdiction) Rules 1998 167\nserve the respondent\n(full name of respondent)\nwith this originating application by delivering a true copy of the originating\napplication to the respondent at\nI identified the respondent as follows:\n\nLocal Court (Civil Jurisdiction) Rules 1998 168\nFORM 7D\nrules 7.09(b) and 7.11(2)\nNOTICE OF INTENTION TO APPEAR\nand\nTO THE APPLICANT\n[Full name of respondent] gives notice of the respondent's intention to appear\nbefore the Court in these proceedings.\n[signature of respondent\n*by the respondent in person.\n*for the respondent by [name of respondent's legal practitioner] of\n2. The address of the respondent is:\n3. The address for service of the respondent is – [If the respondent\nacts in person, the address in 2. If the respondent is represented by\na legal practitioner – the address in 1.]\n\nLocal Court (Civil Jurisdiction) Rules 1998 169\nFORM 7E\nrule 7.13(1)\nORIGINATING APPLICATION\n[APPLICANT'S FULL NAME] Applicant\nat a.m./p.m. on or as soon afterwards as the\nperson, the address in 2. If the applicant is represented by a legal\n\nLocal Court (Civil Jurisdiction) Rules 1998 170\nFORM 7F\nrule 7.15(2)(a)\nORIGINATING APPLICATION BETWEEN PARTIES WHEN EARLY\nHEARING REQUIRED\nand\nat a.m./p.m. on or as soon afterwards as the\nTO THE RESPONDENT\nThese proceedings have been commenced against you by the applicant who\nhas applied to the Court for the orders or relief referred to above.\nIF YOU INTEND TO APPEAR before the Court in respect of these\nproceedings YOU MUST, AS SOON AS PRACTICABLE BEFORE THE\nDATE FIXED FOR THE HEARING:\n(a) file with a registrar of the Local Court at [venue] a notice of intention\nto appear; and\n(b) serve a copy of the notice on the applicant.\n\nLocal Court (Civil Jurisdiction) Rules 1998 171\nYOU MAY ALSO FILE AND SERVE an affidavit in response to the facts,\nmatters and circumstances specified in the originating application and any\nsupporting affidavit.\nIF YOU DO NOT appear at the hearing, the applicant may obtain the orders or\nrelief sought without further notice.\nperson – the address in 2. If the applicant is represented by a legal\nWHAT TO DO WHEN YOU GET THIS ORIGINATING APPLICATION\nThe person called the applicant has commenced proceedings against you in\nthe Court.\nYOU MUST, AS SOON AS PRACTICABLE BEFORE THE DATE FIXED\nFOR THE HEARING, fill out the accompanying notice headed \"NOTICE OF\nINTENTION TO APPEAR\", file the notice with a registrar at the Court, and\nserve a copy on the applicant. If you do not file a notice of intention to appear,\nthe Court may make the order or give the relief sought by the applicant. You\nmay also file and serve an affidavit in response to the facts, matters and\ncircumstances specified in the originating application and any supporting\naffidavit.\n\nLocal Court (Civil Jurisdiction) Rules 1998 172\nand\nI,\nof\n\nLocal Court (Civil Jurisdiction) Rules 1998 173\nserve the respondent\n(full name of respondent)\nwith this originating application by delivering a true copy of the originating\napplication to the respondent at\nI identified the respondent as follows:\n\nLocal Court (Civil Jurisdiction) Rules 1998 174\nFORM 7G\nrule 7.16\nAPPLICATION FOR PERSONAL VIOLENCE RESTRAINING ORDER\nApplicant's name:\nApplicant's address for service:\nDefendant's name:\nDefendant's address for service:\nI, [name], (the applicant), apply to the Court for a personal violence restraining\norder against the defendant for the protection of [name] (the protected person)\nof [address].\nI make this application on the grounds that on the [date] there has been or is\nlikely to be a personal violence offence committed by the defendant on the\nprotected person.\nThe facts in support of this application are contained in the statutory\ndeclaration filed with this application.\nDate\nThis application will be heard on [date] at [time] in the Local Court at [venue]\nin the Northern Territory of Australia.\nDated\n\nLocal Court (Civil Jurisdiction) Rules 1998 175\nFORM 8A\nrule 8.02(1)(a)\nNOTICE OF DEFENCE\nThe defendant's defence is as follows:\n[set out particulars of defence and summary of facts on which you rely].\n*COUNTERCLAIM\n(Rule 9.02)\nTHE DEFENDANT CLAIMS [set out concise statement of the nature of the\nclaim] particulars of which are set out below, and seeks [set out statement of\namount, relief or remedy sought]\n*PARTICULARS OF CLAIM\n[set out particulars]\n*by the defendant in person.\n\nLocal Court (Civil Jurisdiction) Rules 1998 176\nFORM 8B\nrule 8.05(2)\nNOTICE OF CONDITIONAL DEFENCE\nAND TO THE COURT:\nThe defendant denies, on the grounds set out below, that the Local Court has\njurisdiction to hear and determine these proceedings and applies to have the\nproceedings *stayed/set aside*:\n[set out grounds]\n*by the defendant in person.\n\nLocal Court (Civil Jurisdiction) Rules 1998 177\nFORM 11A\nrule 11.01\nAPPLICATION FOR ORDER FOR DEFAULT JUDGMENT\nThe [identify party] applies for an order for default judgment on the following\ngrounds:\n*The defendant failed to file a notice of defence within 28 days after service on\nthe defendant of the statement of claim.\n*The respondent failed to file a notice of intention to appear within 28 days\nafter service on the respondent of the originating application between parties.\n*The Court made an order on [date] under rule *10.04(1)(b) / *16.08(1)(c) /\n*17.07(2) / *32.10(e) permitting the [identify party] to proceed as if a notice of\ndefence had not been filed.\n*The Court made an order on [date] under rule 28.02 that the notice of\ndefence be struck out.\n*The claim is for a *debt of/liquidated demand for* $[amount claimed] and the\n[identify party] seeks judgment for $[total amount] made up as follows:\n[set out details of how amount is made up]\n*The [identify party] applies for the assessment of *damages/value of goods*.\n[signature of party\n\nLocal Court (Civil Jurisdiction) Rules 1998 178\nFORM 13A\nrule 13.02(1)\nTHIRD PARTY NOTICE\nand\nand\n[FULL NAME] Third Party\nTO [NAME OF THIRD PARTY]\nThe plaintiff has brought these proceedings against the defendant for the\nclaim set out in the statement of claim attached.\nThe defendant disputes the plaintiff's claim on the grounds set out in the\nnotice of defence attached and claims to be entitled to relief against you on\nthe grounds set out in the statement of claim below.\n28 DAYS after being served with this notice:\nand\n(b) serve a copy on the defendant.\nIF YOU DO NOT file and serve a notice of defence, the defendant may\nOBTAIN JUDGMENT AGAINST YOU on the claim without further notice.\n[Set out in separate, consecutively numbered paragraphs all the material facts\nrelied on for the claim against the third party and state precisely the relief\nclaimed]\n\nLocal Court (Civil Jurisdiction) Rules 1998 179\n1. This notice was filed by:\n*the defendant in person.\n\nLocal Court (Civil Jurisdiction) Rules 1998 180\nFORM 13B\nrule 13.03(1)\nNOTICE CLAIMING CONTRIBUTION\nTO THE DEFENDANT [NAME]\nThe plaintiff has brought these proceedings against the defendants for [give\nbrief statement of plaintiff's claim].\nThe defendant [name] claims contribution from you if the plaintiff is successful\nin the claim against [name] on the grounds set out in the statement of claim\nbelow.\n28 DAYS after being served with this notice:\nand\n(b) serve a copy on the defendant [name].\nIF YOU DO NOT file and serve a notice of defence, the defendant may\nOBTAIN JUDGMENT AGAINST YOU on the claim without further notice.\n[Set out in separate, consecutively numbered paragraphs all the material facts\nrelied on for the claim against the defendant and state precisely the relief\nclaimed]\n\nLocal Court (Civil Jurisdiction) Rules 1998 181\nFORM 13C\nrule 13.03(2)\nNOTICE CLAIMING CONTRIBUTION FROM TORT-FEASOR UNDER\nSECTION 12 OF LAW REFORM (MISCELLANEOUS PROVISIONS)\nACT 1956\nTO THE DEFENDANT [NAME]\nThe plaintiff has brought these proceedings against the defendants to recover\ndamages for loss sustained [give brief statement of plaintiff's claim].\nIf the plaintiff is successful in the claim against the defendant [name], that\ndefendant claims contribution from you under section 12 of the Law Reform\n(Miscellaneous Provisions) Act 1956 to the extent of the amount found by the\nCourt to be just and equitable having regard to your responsibility for the\nplaintiff's loss.\n\nLocal Court (Civil Jurisdiction) Rules 1998 182\nFORM 14A\nrule 14.06(1)(b)\nNOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION\nTO [NAME OF EXECUTION CREDITOR]\n[Name of claimant] has claimed *the property/certain property* (where only\ncertain goods are claimed, enumerate them) *taken/to be taken* in execution\nby me as bailiff under the warrant of execution issued in these proceedings.\nIf, NOT LATER THAN 7 DAYS after being served with this notice, you serve\non me a notice stating that you admit the claim, you will not be liable for fees\nincurred by me after your notice is served.\nIf you dispute the claim you may, NOT LATER THAN 7 DAYS after being\nserved with this notice, serve a notice in writing on me stating that you dispute\nthe claim.\nIf you admit part and dispute part of the claim you may, NOT LATER\nTHAN 7 DAYS after being served with this notice, serve on me a notice\nstating that you admit part of the claim and dispute part of the claim. You must\nspecify in the notice those parts of the claim that are admitted and those\ndisputed.\nIf you do not serve on me a notice admitting the claim within the time\nstipulated, or if you dispute any part of the claim, I may apply to the Court for\nan interpleader order under Part 14 of the Local Court (Civil Jurisdiction)\nRules 1989 for the purpose of obtaining a determination of the claimant's\nrights to the property *taken/to be taken* by me.\nMy address for service is:\nBailiff\n\nLocal Court (Civil Jurisdiction) Rules 1998 183\nFORM 15A\nrule 15.09(1)\nORDER APPROVING COMPROMISE OF CLAIM BY INFANT\nMATTERS TAKEN INTO CONSIDERATION:\n1. The *plaintiff/defendant* was born on [date].\n2. By a compromise entered into on [date] the defendant proposes to\npay and the plaintiff wishes to accept $ plus the plaintiff's costs,\nincluding the costs of this application, in full settlement of the\nplaintiff's claim in the proceedings.\n3. The Court read the following material:\n(a) [identify affidavits by date and name of deponent];\n(b) [identify documents].\n4. The defendant consents to the proposed compromise.\n1. The compromise be approved.\n[Set out other orders made]\n\nLocal Court (Civil Jurisdiction) Rules 1998 184\nFORM 15B\nrule 15.09(1)\nORDER APPROVING COMPROMISE OF CLAIM BY PERSON UNDER\nDISABILITY OTHER THAN AN INFANT\nMATTERS TAKEN INTO CONSIDERATION\n1. The date of birth of the *plaintiff/defendant* on whose behalf the\nproceedings are *brought/defended* is [date].\n2. The date on which *plaintiff/defendant* became a person under\ndisability is [date].\n3. By a compromise entered into on [date] the defendant proposes to\npay and the plaintiff wishes to accept $ plus the plaintiff's costs,\nincluding the costs of this application, in full settlement of the\nplaintiff's claim in the proceedings.\n4. The Court read the following material:\n(a) [identify affidavits by date and name of deponent];\n(b) [identify documents].\n5. The defendant consents to the proposed compromise.\n\nLocal Court (Civil Jurisdiction) Rules 1998 185\n1. The compromise be approved.\n[Set out other orders made]\n\nLocal Court (Civil Jurisdiction) Rules 1998 186\nFORM 16A\nrule 16.01(2)\nREQUIREMENT FOR AFFIDAVIT VERIFYING LIST OF DOCUMENTS\nYou are required by the [requesting party] to make an affidavit verifying your\nlist of documents and to serve the affidavit on the [requesting party] not later\nthan 14 days after service of this notice on you.\n\nLocal Court (Civil Jurisdiction) Rules 1998 187\nFORM 16B\nrule 16.02(1)\nLIST OF DOCUMENTS\nI, the above-named [identify party], say as follows:\n1. I have in my possession, custody or power, the documents\nenumerated in Part 1 of Schedule 1 relating to the questions in\nthese proceedings.\n2. The documents enumerated in Part 2 of Schedule 1 are privileged,\nand I object to producing them.\nThe documents are privileged on the following grounds:\n(e.g.)\n(a) as to documents numbered 4 – 6, that [grounds of privilege];\n(b) as to documents numbered 7 – 9, that [grounds of privilege].)\n3. I have had, but no longer have, in my possession, custody or\npower, the documents enumerated in Schedule 2 relating to the\nquestions in the proceedings.\n(e.g.)\n(a) Document numbered [no.] was last in my possession, custody\nor power on [date] and I believe that [state belief as to what\nhas become of it].)\n4. To the best of my knowledge, information and belief neither I nor\nmy legal practitioner nor any other person on my behalf has now, or\never had, in my or his or her possession, custody or power, any\ndocuments relating to a question in the proceedings other than the\ndocuments enumerated in Schedules 1 and 2.\n[Describe each document in the Schedules as original or copy and number\neach of them]\n\nLocal Court (Civil Jurisdiction) Rules 1998 188\nSCHEDULE 1\nPART 1\nDOCUMENTS IN PARTY'S POSSESSION\nPART 2\nPRIVILEGED DOCUMENTS\nSCHEDULE 2\nDOCUMENTS NO LONGER IN PARTY'S POSSESSION\n\nLocal Court (Civil Jurisdiction) Rules 1998 189\nFORM 16C\nrule 16.04(1)\nNOTICE TO PRODUCE DOCUMENTS FOR INSPECTION\nThe [requesting party] requires you to produce, not later than 7 days after\nservice of this notice on you, for inspection the following documents referred\nto in your [list of documents, statement of claim, notice of defence, affidavit,\n&c.]:\n[describe documents requested].\nYou are required to arrange with [requesting party] a time and a place where\nthe documents may be inspected.\n\nLocal Court (Civil Jurisdiction) Rules 1998 190\nFORM 19A\nrule 19.03(1)\nADMISSION OF DEBT\nI, [name] admit I owe the amount of $ being the total amount contained in\nthe plaintiff's statement of claim and consisting of the amount of $ and\ncosts of $ .\nI agree to the entering of judgment in the amount stated.\nMy address is:\nSigned:\n\nLocal Court (Civil Jurisdiction) Rules 1998 191\nFORM 19B\nrule 19.04(2)\nADMISSION OF FACTS\nI, [party], admit the following facts.\n1. [Specify each fact admitted]\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 192\nFORM 19C\nrule 19.05(2)\nNOTICE TO DISPUTE FACTS\nIf you do not, within [specify a number of days not less than 14] days after\nservice of this notice on you serve a notice on the [party serving this notice]\ndisputing any fact specified below, that fact will, for the purpose of these\nproceedings only, be taken to be admitted by you in favour of the [party\nserving this notice].\nIf you do serve a notice disputing a fact, and afterwards that fact is proved,\nyou must pay the costs of proof unless the Court orders otherwise.\n1. [specify each fact]\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 193\nFORM 19D\nrule 19.05(3)\nNOTICE DISPUTING FACTS\nThe [party serving this notice] disputes the following facts specified in the\n[identify party's] notice dated [e.g. 2 March 1998].\n1. [Specify each disputed fact]\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 194\nFORM 19E\nrule 19.06(2)\nNOTICE TO DISPUTE AUTHENTICITY OF DOCUMENTS\nIf you do not, within [specify a number of days not less than 14] days after\nservice of this notice on you serve a notice on the [party serving this notice]\ndisputing the authenticity of a document specified below, the authenticity of\nthe document will, for the purpose of these proceedings only, be taken to be\nadmitted by you in favour of the [party serving this notice].\nIf you do serve a notice disputing the authenticity of a document, and\nafterwards the authenticity of the document is proved, you must pay the costs\nof proof unless the Court orders otherwise.\n1. [Specify each document]\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 195\nFORM 19F\nrule 19.06(3)\nNOTICE DISPUTING AUTHENTICITY OF DOCUMENTS\nThe [party serving this notice] disputes the authenticity of the following\ndocuments specified in the [identify party's] notice dated [e.g. 2 March 1998].\n1. [Specify each disputed document]\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 196\nFORM 20A\nrule 20.13(a)\nNOTICE OF DEPOSIT\nThe defendant has paid into the Court $ .\n*The sum is in answer to the plaintiff's claim for [specify]. *The sum takes into\naccount the defendant's claim for [specify] on the defendant's counterclaim.\n*The sum is in answer to the following claims of the plaintiff [specify] *and\nafter taking into account the defendant's claim for [specify] on the defendant's\ncounterclaim.\n*Of the sum:\n$ is in answer to the plaintiff's claim for [specify] on which the plaintiff\nclaims $ *and after taking into account the defendant's claim for [specify]\non the defendant's counterclaim\nand $ is in answer to the claim for [specify] on which the plaintiff claims\n$ *and after taking into account the defendant's claim for [specify] on the\ndefendant's counterclaim.\n\nLocal Court (Civil Jurisdiction) Rules 1998 197\nFORM 20B\nrule 20.14(3)\nNOTICE OF WITHDRAWAL OF DEPOSIT\nWith the leave of the Court granted on [date], the defendant withdraws the\ndeposit of $ paid into the Court by the defendant on [date] relating to the\nplaintiff's claim of [specify].\n\nLocal Court (Civil Jurisdiction) Rules 1998 198\nFORM 20C\nrule 20.15(2)\nand (3)(d)\nNOTICE OF ACCEPTANCE\nThe plaintiff accepts $ paid into the Court by the defendant [name], in\nsatisfaction of the claims in answer to which it was paid, as against [name of\ndefendant] and *abandons all the plaintiff's other claims as against [name of\ndefendant]/abandons those claims as against the defendants [names of other\ndefendants]*.\n\nLocal Court (Civil Jurisdiction) Rules 1998 199\nFORM 20D\nrule 20.15(3)(b)\nNOTICE CONFIRMING DEPOSIT\nThe defendant confirms the notice dated [e.g. 2 March 1998] of deposit of\n$ paid into the Court before the beginning of the hearing of the\n\nLocal Court (Civil Jurisdiction) Rules 1998 200\nFORM 22A\nrule 22.02\nAFFIDAVIT OF EVIDENCE OF ASSESSMENT OR REPAIR OF MOTOR\nVEHICLE\n(To be made on oath by car repairer or assessor)\nNAME OF DEPONENT: [NAME]\nDATE AFFIDAVIT MADE: [date]\nI [full name]\nof [address]\nbeing [e.g., car repairer, assessor, panel beater, &c.], have\n*assessed/repaired* vehicle number [registration number] belonging to [owner\nof car] on [date of assessment].\nI have seen the statement of claim and consider the damage consistent with\nthe details of the accident described in the claim.\nThe following repairs *were completed/are needed* and the amounts specified\nrepresent a fair and reasonable charge for that work.\n[Itemise repairs and costs]\n\nLocal Court (Civil Jurisdiction) Rules 1998 201\nFORM 23A\nrule 23.03(1)(a)\nSUMMONS TO GIVE EVIDENCE\nTO [NAME]\nTHE COURT ORDERS that you attend for the purpose of giving evidence:\n(a) before the Court;\n(b) at [address of Court];\n(c) at [time] on [date] and until you are excused from further attending.\n1. If you do not comply with this summons you may be arrested.\nHowever, you need not comply with this summons unless you have\nbeen provided with a reasonable sum of money for your costs in\nattending Court.\n2. Any question concerning this summons should be addressed not to\nthe Court but to [name of legal practitioner or party].\n\nLocal Court (Civil Jurisdiction) Rules 1998 202\nFORM 23B\nrule 23.04(a)\nSUMMONS FOR PRODUCTION OF DOCUMENTS\nTO [NAME]\nTHE COURT ORDERS that you attend and bring with you this summons and\nthe documents and things described in the Schedule at [address of Court] at\n[time] on [date] and until you are excused from further attending.\nInstead of attending, you may take this summons and the documents and\nthings described in the Schedule to a registrar of the Local Court at [venue] by\nhand or by post, in either case so that a registrar receives them no later than\n2 business days before the date on which you are required to attend.\n[description of documents and things]\n1. If you do not comply with this summons you may be arrested.\nHowever, you need not comply with this summons unless you have\nbeen provided with a reasonable sum of money for your costs in\nattending Court.\n2. Documents and things taken to the Court by you may be returned\nby post to you at your address shown on this summons. You may\nrequest in writing that they be posted to you at another address or\nyou may ask to collect them from the Court.\n3. Any question concerning this summons should be directed not to\nthe Court but to [name of legal practitioner or party].\n\nLocal Court (Civil Jurisdiction) Rules 1998 203\nFORM 23C\nrule 23.04(b)\nSUMMONS TO CORPORATION FOR PRODUCTION OF DOCUMENTS\nTO [NAME OF CORPORATION]\nTHE COURT ORDERS that:\n1. [Name of corporation], called \"the corporation\", must produce this\nsummons and the documents and things described in the Schedule\nby an appropriate officer attending and producing them at [address\nof Court] at [time] on [date] and until you are excused from further\nattending.\nInstead of attending, the corporation may produce this summons\nand the documents and things described in the Schedule to a\nregistrar of the Local Court at [venue] by hand or by post, in either\ncase so that a Registrar receives them not later than 2 business\ndays before the date on which the officer is required to attend.\n2. The officer who is to attend must make enquiries for the purpose of\nanswering, and on attending must answer, the questions that the\nCourt requires the officer to answer concerning the possession or\ncustody of those documents and things.\n[description of documents and things]\n1. If you do not comply with this summons an officer of the corporation\nmay be arrested.\nHowever, this summons does not need to be complied with unless\nyou have been provided with a reasonable sum of money for your\ncosts in attending Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 204\n2. Documents and things taken to Court by the corporation may be\nreturned by post to the corporation at its address shown on this\nsummons. It may request in writing that they be posted to it at\nanother address or it may ask to collect them from the Court.\n3. A question concerning this summons should be directed not to the\nCourt but to [name of legal practitioner or party].\n\nLocal Court (Civil Jurisdiction) Rules 1998 205\nFORM 25A\nrule 25.02(a)\nAPPLICATION\nTO [IDENTIFY EACH PARTY AND PERSON TO WHOM APPLICATION IS\nADDRESSED]\nYou are ordered to attend before the Court for the hearing of an application by\nthe [identify party] for [describe the order sought].\nThis application is made in pursuance of rule [no.]\nThis application was filed by:\n\nLocal Court (Civil Jurisdiction) Rules 1998 206\nFORM 29A\nrule 29.02\nAPPLICATION IN SUMMARY PROCEEDINGS FOR RECOVERY OF\nPOSSESSION OF LAND\nand\n*[FULL NAME] *Defendant\n*(The plaintiff does not know\nthe name of any person in\noccupation to make defendant)\n*TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF\nTHE LAND AT [DESCRIPTION OF LAND]\n*TO EVERY PERSON IN OCCUPATION OF THE LAND AT [DESCRIPTION\nOF LAND]\nThese proceedings have been commenced by the plaintiff for the recovery of\nland described as follows:\n[Describe land so as to be physically identifiable]\nYou are ordered to attend before the Court for the hearing of the application.\nNOTE: IF YOU INTEND TO DEFEND THESE PROCEEDINGS YOU MUST,\nNOT LATER THAN 7 DAYS AFTER BEING SERVED WITH THIS\nAPPLICATION:\n(a) file an affidavit, stating particulars of your defence and a summary\nof the facts on which you rely, with a registrar of the Local Court at\n[venue];\n(b) serve a copy on the plaintiff; and\n\nLocal Court (Civil Jurisdiction) Rules 1998 207\n(c) attend before the Court at the date, time and place specified above.\nIF YOU DO NOT file and serve an affidavit stating your defence, the plaintiff\nmay OBTAIN JUDGMENT AGAINST YOU without further notice.\n1. This application was filed:\n*4. The address of the defendant is:\n\nLocal Court (Civil Jurisdiction) Rules 1998 208\nFORM 29B\nRule 29.08\nJUDGMENT IN SUMMARY PROCEEDINGS FOR RECOVERY OF LAND\nDATE GIVEN:\nHOW OBTAINED:\nTHE JUDGMENT OF THE COURT IS THAT:\n1. The plaintiff recover possession of the land described as\n[description of land so as to be physically identifiable].\n*2. The defendant pay *the plaintiff $ costs/the plaintiff's costs to be\nassessed*.\n[other orders]\n\nLocal Court (Civil Jurisdiction) Rules 1998 209\nFORM 29C\nrule 29.09(3)\nWARRANT OF POSSESSION IN SUMMARY PROCEEDINGS FOR\nRECOVERY OF LAND\nIn respect of the judgment dated [e.g. 2 March 1998] by which it was ordered\nthat the plaintiff recover possession of the land described in the Schedule\n(where there is a defendant: and that the defendant pay the plaintiff\n$ costs or the plaintiff's costs, which have been taxed at $ ).\n(The following is applicable where there is no defendant.)\ncausing [party in whose favour order made] to have possession of it.\n(The following is applicable where is a defendant.)\ncausing [party in whose favour order made] to have possession of it and by\nseizing and selling property of [party against whom order made] sufficient to\npay the money owing to [party in whose favour order made] in respect of the\norder. (Continue as in Form 46A.)\n[Describe land as in judgment]\nIssued at the request of the plaintiff.\n(Where there is a defendant) The last known address of the defendant\n(continue as in Form 44A).\n\nLocal Court (Civil Jurisdiction) Rules 1998 210\nFORM 30A\nrule 30.03(1)\nTENANCY APPLICATION\nLOCAL COURT Claim No.\nBETWEEN THE ...........................…………… name\nAPPLICANT ...........................…………… address for\n...........................…………… service\nand\nRESPONDENT .........................……………. name\n..........................…………… address\n..........................……………\nThe applicant applies to the Court under [identify section and name of Act\nunder which application is made]\nThe applicant applies for the following order or orders:\n[brief statement of orders applied for]\n[signature of applicant, agent\n\nLocal Court (Civil Jurisdiction) Rules 1998 211\nFORM 31A\nrule 31.07(a)\nIRREVOCABLE GUARANTEE BY ADI\nThe [name of ADI (e.g. bank, credit union)] of [address] undertakes to be\nresponsible for the payment into the Court of $ , being security to be\ngiven by the plaintiff for the defendant's costs as ordered by the Court on\n[date].\nThe ADI guarantees that it will pay $ into the Court if ordered by the Court\nto do so.\nThe ADI acknowledges that this undertaking may be amended or revoked\nonly with the leave of the Court or discharged by payment of $ into the\n*[sealed by the ADI\n*signed by an officer of the\nADI authorised in writing]\n\nLocal Court (Civil Jurisdiction) Rules 1998 212\nFORM 31B\nrule 31.08(2)(b)\nNOTICE OF DISCHARGE AND PAYMENT INTO COURT\nThe [name of ADI (e.g. name of bank, credit union)] of [address], which\nguaranteed the payment of $ into the Court on behalf of the plaintiff in\nthese proceedings, discharges the guarantee and pays into the Court the total\nsum of money guaranteed.\n[*sealed by the ADI\n*signed by an officer of the\nADI authorised in writing]\n\nLocal Court (Civil Jurisdiction) Rules 1998 213\nFORM 32A\nrules 7.12(1) and 32.01(1)\nNOTICE OF CONCILIATION CONFERENCE\nA conciliation conference has been listed to take place at the Court at\n[address of Court] at a.m./p.m. on or as soon afterwards as the\nAll parties must attend the conciliation conference.\nAn individual must attend the conference personally and be prepared to\ndiscuss all issues. An officer or employee of a corporation must be authorised\nby the corporation to attend the conference and to settle the matter if possible.\nA partner of a firm must have the unfettered written authority of all the other\npartners to attend the conference and to settle the matter if possible.\nAttendance at the conference on behalf of the Territory must be by an\nemployee (as defined in the Public Sector Employment and Management\nAct 1993) of the Agency for which the Territory is conducting the proceedings\nwho is authorised in writing by the Chief Executive Officer of that Agency to\nattend the conference and to settle the matter if possible.\nA person attending the conference may be accompanied by a legal\nIf a plaintiff or applicant fails to attend, the Court may strike out the claim or\noriginating application. If a defendant fails to attend, the Court may give the\nplaintiff leave to proceed as if a notice of defence had not been filed or may\nmake other orders it considers appropriate. If a respondent fails to attend, the\nCourt may make the orders it considers appropriate. A party who is unable to\nattend should contact a registrar of the Local Court. A registrar may give you\nleave to attend by teleconferencing. The Court may dispense with the\nrequirement of attendance in person (either physically or by teleconferencing)\nin special circumstances.\n\nLocal Court (Civil Jurisdiction) Rules 1998 214\nFORM 32B\nrule 32.04(5)\nSCHEDULING ORDER\nAt a conciliation conference held at the Court at [place] at [time] on [date]:\n(a) the following persons attended:\n[list parties or representatives]\n(b) the following details were given by the parties:\n[list details, in relation to each party, of matters referred to in\nrule 32.04]\n(c) the following undertakings were given:\n[list each undertaking and name of party or party's legal practitioner\ngiving undertaking]\n(d) the Court gave the following directions:\n[list directions given]\n\nLocal Court (Civil Jurisdiction) Rules 1998 215\nFORM 32C\nrule 32.05\nCASE MANAGEMENT STATEMENT\n(comments to be as brief as possible)\nPlaintiff(s)\n[Comments]\nDefendant(s)\n[Comments]\n1. The parties certify that these\nproceedings are ready for\nhearing\n2. All pleadings have been\ncompleted and delivered and\npleadings are closed\n3. All particulars requested have\nbeen furnished\n4. Discovery of documents has\nbeen given by the parties\n5. Inspection of documents has\ntaken place\n6. All necessary medical\nexaminations have taken\nplace\n7. The parties require further\nmedical examinations prior to\nthe hearing\n8. All reports and statements\nhave been served\n\nLocal Court (Civil Jurisdiction) Rules 1998 216\n9. Where counsel is required,\ncounsel has been briefed\n10. Counsel's advice on evidence\nhas been obtained\n11. All witnesses should be\navailable at the hearing\n12. The length of hearing is\nestimated at\n13. (a) Offers of settlement\nmade under Part 20\n(b) The prospects of\nsettlement are:\n14. Details of witnesses:\n(a) Within the jurisdiction\n(i) The number of\nexperts:\n(ii) The number of\nnon-experts:\n(b) Outside the jurisdiction\n(i) The number of\nexperts:\n(ii) The number of\nnon-experts:\n15. The directions required are:\n(a) For the plaintiff:\n(b) For the defendant:\n16. Other relevant facts regarding\nthe fixing of a hearing date\nare:\n(a) For the plaintiff:\n\nLocal Court (Civil Jurisdiction) Rules 1998 217\n(b) For the defendant:\n17. The shortest notice on which\neach party would be ready to\ncommence the hearing is:\n18. The issues to be determined\nat the hearing are:\n...........................……….. ……................................\nLegal practitioner for the Legal practitioner for the\nplaintiff(s) defendant(s)\n\nLocal Court (Civil Jurisdiction) Rules 1998 218\nFORM 34A\nrule 34.04(b)\nNOTICE OF ASSESSMENT OF DAMAGES OR VALUE OF GOODS\nAn assessment of *damages/value of goods* has been listed to take place at\nthe Court at [address of Court] at a.m./p.m. on or as soon\nafterwards as the business of the Court allows.\nAll parties may attend the assessment in person or by a legal representative.\nA person attending the assessment may be accompanied by a legal\nNot less than 7 days before the date fixed for the assessment, the party for\nwhom the assessment is to be made must file and serve an affidavit on the\nother party stating the amount claimed and the facts and calculations on\nwhich the amount is based.\nThe attendance of witnesses and production of documents for the purposes of\nthe assessment may be ordered by summons in accordance with Part 23 of\nthe Local Court Rules 1998.\n\nLocal Court (Civil Jurisdiction) Rules 1998 219\nFORM 35A\nrule 35.03(1)(a)\nORDER\nOTHER MATTERS: [state any finding of jurisdictional fact, undertaking of\nparty or other matter as directed by Court.]\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 220\nFORM 35B\nrule 35.06(2)(a)\nNOTICE OF CONSENT\nThe *plaintiff/defendant* consents to the Court making an order that:\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 221\nFORM 35C\nrule 35.09(1)\nAPPLICATION FOR REGISTRATION OF ORDER\nThe [identify applicant] applies to the Court for the registration of the attached\norder made by [identify person, court, tribunal or statutory body] on [date]\nunder [specify section and name of Act].\nDated: [e.g. 2 March 2005]\nNOTE: You must attach a copy of the order to be registered.\n\nLocal Court (Civil Jurisdiction) Rules 1998 222\nFORM 35D\nrule 35.10(3)\nNOTICE OF REGISTRATION OF ORDER\nDATE:\nTHE COURT GIVES NOTICE THAT AN ORDER HAS BEEN REGISTERED\nIN THIS COURT AND MAY BE ENFORCED AS IF MADE BY THIS COURT.\nTHE ORDER WAS MADE BY:\nTHE ORDER WAS DIRECTED TO:\nTHE ORDER WAS MADE UNDER: [section and name of Act]\nTHE ORDER WAS REGISTERED ON: [date]\nTHE TERMS OF THE ORDER ARE:\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 223\nFORM 36A\nrule 36.01(1)\nAPPLICATION FOR ORDER TO BE SET ASIDE AND RE-HEARING\nAND TO [NAMES AND ADDRESSES OF OTHER PARTIES TO\nPROCEEDINGS]\nThe [identify party] applies to the Court for an order that the order made by the\nCourt on [date] be set aside and the proceedings be re-heard as soon as\npossible.\n*On [e.g. 2 March 1998] the Court made an order for default judgment against\nme for [set out terms of order].\nI did not file a notice of defence in the above proceedings for the reasons\nstated in the affidavit filed with this application. The affidavit also states my\nintention to defend the claim and the particulars of my defence.\n(or)\n*I did not appear at the Court in the above proceedings on [e.g. 2 March\n1998]. In my absence, the Court made an order against me for [set out terms\nof order]. I did not appear in the proceedings for the reasons stated in the\naffidavit filed with this application.\n(or)\n*On [date] I consented to the following order being made:\n[set out terms of order].\nI consented to the order for the reasons stated in the affidavit filed with this\nMy address for service is:\n\nLocal Court (Civil Jurisdiction) Rules 1998 224\n\nLocal Court (Civil Jurisdiction) Rules 1998 225\nFORM 37A\nrule 37.04(2)(a)\nNOTICE OF APPEAL\nIn the matter of an appeal under\n[section and name of the Act\nunder which the appeal is made]\nBETWEEN [FULL NAME] Appellant\nand\nTO THE *RESPONDENT/FIRST RESPONDENT*\n*AND TO THE SECOND RESPONDENT\nThe appellant appeals against the following decision:\n[set out briefly the substance of the order or decision appealed against].\nThe date of order or decision: [specify date on which order or decision made]\nGrounds of appeal: [set out specifically and concisely the grounds of appeal]\nIF YOU INTEND TO DEFEND this appeal YOU MUST, NOT LATER THAN\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"DAYS after being served with this notice:","content":"7 DAYS after being served with this notice:\n(a) file a notice of appearance in accordance with Form 37B with a\nregistrar of the Local Court at [venue]; and\n(b) serve a copy on the appellant.\nIF YOU DO NOT file and serve a notice of appearance, the Court may make\nthe orders it considers appropriate.\n[signed by appellant]\nA prehearing conference has been listed to take place at the Court at [address\nof Court] at a.m./p.m. on or as soon afterwards as the business\nof the Court allows.\nAll parties must attend the prehearing conference. A party may attend:\n(b) by an agent authorised in writing by the party; or\n\nLocal Court (Civil Jurisdiction) Rules 1998 226\n(c) by a legal practitioner or, unless the Court orders otherwise, by an\narticled clerk or graduate clerk.\nWith the leave of the Court, a party may attend:\n(a) in the case of a corporation – by an officer or employee of the\ncorporation;\n(b) in the case of a firm – by a partner or employee of the firm; or\n(c) by some other person.\nA person attending a conference may be accompanied by a legal\nIf an appellant fails to attend, the Court may dismiss the appeal or make the\norders it considers appropriate. If a respondent fails to attend, the Court may\nhear the appeal if satisfied that this notice was properly served on the\nrespondent. A party who is unable to attend should contact a registrar of the\nLocal Court. A registrar may give you leave to attend by teleconferencing.\n1. This notice of appeal was filed:\n*by the appellant in person.\n*for the appellant by [name of appellant's legal practitioner] of\n[name of firm], legal practitioner(s), of [business address in\nAustralia including telephone, facsimile and reference numbers. If\nthe legal practitioner is the agent of another legal practitioner, also\ninsert the name of the principal's firm and business address\nincluding telephone, facsimile and reference numbers.]\n2. The address of the appellant is:\n3. The address for service of the appellant is – [If the appellant sues in\nperson, the address in 2. If the appellant sues by a legal\n\nLocal Court (Civil Jurisdiction) Rules 1998 227\nFORM 37B\nrule 37.05\nNOTICE OF APPEARANCE\n[Heading as in Form 37A]\nTO THE APPELLANT\n*[Name of respondent], the *respondent/*first respondent/second respondent*,\nof [address], appears in this appeal.\nThe address for service of the respondent named above is – [address for\nservice]\n\nLocal Court (Civil Jurisdiction) Rules 1998 228\nFORM 38A\nrule 38.12(1)(a)\nSUMMONS FOR TAXATION OF COSTS\nTO [IDENTIFY EACH PARTY OR OTHER PERSON TO WHOM SUMMONS\nIS ADDRESSED AND STATE ADDRESS OF EACH PERSON NOT A\nPARTY.]\nYou are summoned to attend before the taxing officer at [address of Court]\nat a.m./p.m. on for the hearing of an application by [identify\nparty] for the costs that are payable to that party by [identify party liable for\ncosts] under [identify the judgment, etc., by which payable] to be taxed in\naccordance with the bill of costs served with this summons.\nThis summons was filed by:\nNOTE: Whether or not you attend on the day for hearing referred to above,\nthe costs claimed in the bill may be allowed unless, not later than 7 days\nbefore the date fixed for taxation, you file and serve on the [identify party] a\nnotice in accordance with Form 38B identifying by list each item in the bill to\nwhich you object and stating specifically and concisely the grounds of\nobjection to each item. Failure to file that notice amounts to an admission of\nthe items in the bill.\n\nLocal Court (Civil Jurisdiction) Rules 1998 229\nFORM 38B\nrule 38.13(1)\nNOTICE OF OBJECTION TO BILL OF COSTS\nTO [identify party]\nThe [objecting party] objects to the items in your bill of costs specified below\nfor the reasons specified in relation to each item.\n[list items objected to and state specifically and concisely the grounds of\nobjection to each item]\nThis notice was filed by:\n\nLocal Court (Civil Jurisdiction) Rules 1998 230\nFORM 43A\nrule 43.01(2)\nAPPLICATION FOR ISSUE OF WARRANT OF EXECUTION\n[Party in whose favour order made], applies for a warrant of [type of warrant]\nto be issued in respect of the order dated [e.g. 27 October 1997] against\n[party against whom order made] of [party's last-known address] for the\npayment of *$ together with costs of $ /costs of $ *.\nThe applicant nominates [NAME OF LICENSED PRIVATE BAILIFF] of\n[bailiff's address] as the private bailiff who is to execute the warrant applied\nfor.\n$\nBailiff's fees for executing warrant to be issued\nPARTICULARS OF HOW INTEREST CALCULATED\n[enter particulars]\nPARTICULARS OF AMOUNTS RECEIVED\n[list dates and amounts paid on account or recovered under previous warrant]\n\nLocal Court (Civil Jurisdiction) Rules 1998 231\nFORM 44A\nrule 44.02(2)\nWARRANT OF SEIZURE AND SALE\nOn [e.g. 27 October 1997], the Local Court ordered:\n*[name of judgment debtor], the judgment debtor, to pay $ to [name of\njudgment creditor], the judgment creditor, together with costs of $ .\n*[name of judgment debtor], the judgment debtor, to pay costs of $ to\n[name of judgment creditor], the judgment creditor.\nYOU ARE AUTHORISED to enforce the order by seizing and selling property\nof the judgment debtor sufficient to pay the money owing to the judgment\ncreditor in respect of the order and for that purpose YOU ARE AUTHORISED\nto enter and remain on premises (whether land or a building) you believe on\nreasonable grounds to be owned or occupied by the judgment debtor.\n*The property of the judgment debtor includes land described as follows:\n[description of land]\nThe amount of $ is now payable by the judgment debtor to the judgment\ncreditor, made up as follows:\n*1. $ , being $ exclusive of costs and $ for costs;\nfixed in accordance with law, on $[amount owing, exclusive of\ncosts] from the date of the order;\n\nLocal Court (Civil Jurisdiction) Rules 1998 232\nFrom the proceeds raised by the sale of the judgment debtor's property you\nmust pay into the Local Court all the money owing in respect of the order\nunless you are a private bailiff to whom section 33(1) of the Commercial and\nPrivate Agents Licensing Act 1979 applies, in which case you may retain the\namount specified in this warrant as the bailiff's fee for executing the warrant.\nImmediately after you have performed all your obligations under this warrant\nyou must endorse on the warrant a statement of the date, time and place you\nexecuted the warrant and the results of the execution, including how the\nproceeds of the sale are to be distributed.\nIf you attempt to execute under this warrant but are unable to do so, you must\nendorse on the warrant a statement of the dates, times, places and results of\nthose attempts.\nIssued at the request of the judgment creditor.\nThe last-known address of the judgment debtor is [address].\n(Add the following if address is different.) The address of the place where it is\nbelieved that property of the judgment debtor may be found is [address].\n* Delete if inapplicable and re-number as required;\n\nLocal Court (Civil Jurisdiction) Rules 1998 233\nFORM 44B\nrule 44.06(1)\nNOTICE REQUIRING SAFEKEEPING OF SEIZED PROPERTY\nTO [NAME OF JUDGMENT DEBTOR OR NAME OF PERSON WHO HAS\nCUSTODY OF PERSONAL PROPERTY OF JUDGMENT DEBTOR]\nOn [date], the Local Court ordered [name of judgment debtor], the judgment\ndebtor, to pay $ to [name of judgment creditor], the judgment creditor.\nA warrant of [type of warrant] issued by the Local Court on [e.g.\n","sortOrder":12},{"sectionNumber":"2","sectionType":"section","heading":"March 1998] authorises me to seize and sell property of the judgment debtor","content":"2 March 1998] authorises me to seize and sell property of the judgment debtor\nsufficient to pay the money owing to the judgment creditor. The warrant also\nauthorises me to claim from the proceeds of the sale an amount for my fees\nfor executing the warrant, being $ .\nUntil the sale of the judgment debtor's property seized under the warrant, you\nare responsible for the safekeeping of the seized property in your custody.\nYou must not interfere with, dispose of or remove any of the seized property\nwithout my consent.\nBailiff\n[bailiff's address]\n\nLocal Court (Civil Jurisdiction) Rules 1998 234\nFORM 45A\nrule 45.01(2)\nWARRANT OF DELIVERY\n(The following is applicable where order is for delivery of goods only, with or\nwithout an award of damages for their detention.)\nOn [e.g. 27 October 1997] the Local Court ordered that [party against whom\norder made] deliver the goods described in the Schedule to [party in whose\nfavour order made] and pay (add following if applicable) [$ damages for\ntheir detention and] costs of $ .\nYOU ARE AUTHORISED to enforce the order by causing the goods\ndescribed in the Schedule to be delivered to [party in whose favour order\nmade] and by seizing and selling property of [party against whom order made]\nsufficient to pay the money owing to [party in whose favour order made] in\nrespect of the order.\n*1. $ for damages, being $ exclusive of costs and $ for\ncosts;\nfixed in accordance with law, on $[amount of damages exclusive of\ncosts] from the date of the order; (if applicable)\n(The following is applicable where order is for delivery of goods OR payment\nof their assessed value, with or without an award of damages for their\ndetention.)\n\nLocal Court (Civil Jurisdiction) Rules 1998 235\nOn [e.g. 27 October 1997] the Local Court ordered that [party against whom\norder made] deliver the goods described in the Schedule to [party in whose\nfavour order made] or pay $ , their assessed value, (include following if\napplicable) [and $ damages for their detention] and costs of $ .\nYOU ARE AUTHORISED to enforce the order by causing the goods to be\ndelivered to [party in whose favour order made] and by seizing and selling\nproperty of [party against whom order made] sufficient to pay the money\nowing to [party in whose favour order made] in respect of the order.\n*1. if you cannot cause the goods to be delivered, $[assessed value of\nthe goods], being the assessed value of the goods;\n(continue list by including relevant items from 1. to 5. above and re-numbering\nas required)\n(the following is applicable in all warrants of delivery)\nFrom the proceeds (continue as in Form 44A)\nImmediately after (continue as in Form 44A)\nIf you attempt (continue as in Form 44A)\n[Describe goods as in order]\nIssued at the request of [party in whose favour order made]\nThe last-known address of [party against whom order made] is [address].\n(Add following if address is different.) The address of the place where it is\nbelieved that property of [party against whom order made] may be found is\n[address].\n\nLocal Court (Civil Jurisdiction) Rules 1998 236\nFORM 46A\nrule 46.01(2)\nWARRANT OF POSSESSION\nOn [e.g. 27 October 1997] the Local Court ordered that [party in whose favour\norder made] recover possession of the land described in the Schedule and\nthat [party against whom order made] pay [party in whose favour order made]\n(add following if applicable) [$ for damages and] costs of $ .\ncausing [party in whose favour order made] to have possession of it and by\nseizing and selling property of [party against whom order made] sufficient to\npay the money owing to [party in whose favour order made] in respect of the\n*1. $ for damages, being $ exclusive of costs and $ for\ncosts;\nfixed in accordance with law, on $[amount of damages exclusive of\ncosts] from the date of the order;\nFrom the proceeds (continue as in Form 44A)\nImmediately after (continue as in Form 44A)\nIf you attempt (continue as in Form 44A)\n\nLocal Court (Civil Jurisdiction) Rules 1998 237\n[describe land as in order]\nIssued at (continue as in Form 45A)\n\nLocal Court (Civil Jurisdiction) Rules 1998 238\nFORM 47A\nrule 47.01(1)(a)\nAPPLICATION FOR ISSUE OF EXAMINATION SUMMONS\n[Judgment creditor's name], the judgment creditor, of [address], applies for the\nissue of an examination summons against [judgment debtor's name], the\njudgment debtor, of [address].\nOn [e.g. 27 October 1997] it was ordered that the judgment debtor pay the\njudgment creditor the amount of *$ together with costs/costs of $ *.\nThe judgment debtor has defaulted in the payment of the judgment debt.\n$\nFee for service of examination summons\n* The judgment creditor requests that the judgment debtor be examined about\nthe following matters in particular:\n[enter details of property or financial matters]\n\nLocal Court (Civil Jurisdiction) Rules 1998 239\nFORM 47B\nrule 47.01(1)(b)\nSUMMONS TO ATTEND FOR ORAL EXAMINATION\n*You are/An officer of the corporation is* summoned to attend before the\nCourt to be orally examined as to your financial circumstances generally and\nyour means and ability to satisfy the order made against you on\n[e.g. 27 October 1997] in favour of [name of judgment creditor] for\n*$ together with costs/costs of $ *.\n*You are/The officer is* required to produce to the Court at the examination\nthe following documents:\n[description of documents].\n*You/The officer* must attend at the Court at [address of Court] for the hearing\nof the application at a.m./p.m. on or as soon afterwards\nas the business of the Court allows.\nAMOUNTS NOW OWING\n$\nFee for service of examination summons\nThe daily rate of interest now accruing is $[daily rate].\nNOTE: If you do not attend at the Court as directed by this summons, the\nCourt may issue a warrant for *your arrest/the arrest of an officer of the\ncorporation*.\n\nLocal Court (Civil Jurisdiction) Rules 1998 240\nNOTE TO JUDGMENT DEBTOR: If you do not attend at the Court as\ndirected by this summons, the Court may issue a warrant for *your\narrest/the arrest of an officer of the corporation*. If the Court is required\nto postpone its business on the date fixed for the hearing of this application,\nthe Court will hear the application on the date it next sits at the address stated\nabove and you must contact a registrar of the Local Court nearest to you for\nthe new date fixed for the hearing.\nNOTE TO JUDGMENT CREDITOR: If the Court is required to postpone its\nbusiness on the date fixed for the hearing of this application, you may contact\na registrar of the Local Court nearest to you for the new date fixed for the\nhearing. You are not required to serve another summons on the judgment\ndebtor.\nDo not ignore this summons. If you do not understand it or need help\n\nLocal Court (Civil Jurisdiction) Rules 1998 241\nFORM 47C\nrules 47.03(b)(i),\n48.04(4)(c) and 50.01(4)\nJUDGMENT DEBTOR'S DECLARATION OF FINANCIAL\nCIRCUMSTANCES\n(where judgment debtor is not a corporation)\nYou are required to complete this form by giving the information requested\nbelow. The completed form signed by you must be returned to the Court and a\ncopy sent to [name of judgment creditor] at [address for service] not later than\n7 days before the date of the oral examination to which you have been\nsummoned by the Court.\nDECLARATION\nI ,\n(full name) (occupation)\nof\n(full residential address)\ndo solemnly and sincerely declare that the following information and\nannexures (if any) are true and correct.\nThis declaration is true and I know it is an offence to make a declaration\nknowing it is false in a material particular.\nDeclared by\n[Signature of person making declaration] ________________________________________\nat [place] ________________________________ on [date] _____________\nNOTE: Making a declaration knowing it is false in a material particular is\nan offence for which you may be fined or imprisoned.\nThis document does not have to be witnessed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 242\nFINANCIAL INFORMATION\n1. AMOUNT AND SOURCE OF WEEKLY INCOME\nOccupation\n(a) If working for an employer:\nName and address of employer:\nGross wage:\nCurrent overtime (if any):\nCar and other allowances and commission:\n(b) If self-employed or in partnership:\nAverage pre-tax earnings for last 12 months:\n(c) If unemployed:\nLength of last employment:\nDate when last employment ceased:\nGross weekly amount:\nPension or other benefit received:\nWorker's compensation received:\nMaintenance received:\nSuperannuation received:\nBoard or rent received:\nMiscellaneous income:\nAverage weekly interest on deposits with ADIs (e.g. banks, credit unions or\nbuilding societies), debentures etc.:\nAverage weekly dividend on shares:\nOther income (give particulars):\nTOTAL GROSS WEEKLY INCOME: $\n2. PROPERTY AND ASSETS\nLand, including vacant land:\nFor each piece of land:\nAmount of mortgage:\nMotor vehicle:\nFor each motor vehicle:\nYear, make and model:\nAmount owing to finance company:\n\nLocal Court (Civil Jurisdiction) Rules 1998 243\nDeposit in ADIs (e.g. banks, credit unions, building societies etc.):\nOther investments including shares,\ndebentures, bonds:\nMoney owing to you:\nValue of interest in partnership or business:\nFurniture, household and personal goods:\nAmount owing to finance company:\nLife insurance policies:\nGive particulars and state surrender\nvalue of each policy:\nOther assets (give particulars):\nTOTAL PROPERTY AND ASSETS: $\n3. WEEKLY DEBTS, LIABILITIES & OTHER FINANCIAL\nOBLIGATIONS\nIncome tax:\nSuperannuation:\nHousing (mortgage, rent,\nboard, hospital or institution):\nLocal government rates:\nWater and sewerage rates:\nLand tax:\nChild care expenses incurred for the\npurpose of earning income:\nMaintenance actually paid:\nInstalment payments such as household\ngoods or tools of trade:\nTo , $\nTo , $\nElectricity and gas:\nFood:\nOther general household expenses:\nMotor vehicle expenses (registration,\ninsurance, maintenance, fuel):\nFares:\n\nLocal Court (Civil Jurisdiction) Rules 1998 244\nTelephone:\nInsurance policy premiums:\nSchool fees and other school expenses:\nClothing and shoes:\nMedical and chemist expenses:\nEntertainment:\nPayments on court orders and fines:\nOther expenses (give particulars):\nOther debts outstanding\nGive particulars of debts under\nhire purchase, leasing credit\ncard or other credit contracts,\ndepartment store accounts,\nguarantee or personal loan:\nTOTAL DEBTS, &c.: $\n4. Identify each asset referred to in paragraph 2 that is owned jointly,\nand give the name of the other owner or owners:\n5. Identify each debt referred to in paragraph 3 that is due jointly, and\ngive the name of the other debtor or debtors:\n6. Give particulars of any other circumstances which affect the\nfinancial situation of the judgment debtor such as the number and age of\ndependants, marital status and health:\n\nLocal Court (Civil Jurisdiction) Rules 1998 245\nFORM 47D\nrules 47.03(b)(ii)\nand 50.01(4)\nJUDGMENT DEBTOR'S DECLARATION OF FINANCIAL CIRCUMSTANCES\n(where the judgment debtor is a corporation)\nThe appropriate officer of [name of judgment debtor], authorised by [name of\njudgment debtor], is required to complete this form by giving the information\nrequested below. The completed form signed by the appropriate officer must\nbe returned to the Court and a copy sent to [name of judgment creditor] at\n[address for service] not later than 7 days before the date of the oral\nexamination to which you have been summoned by the Court.\nDECLARATION\nI,\nthe\n(state office held e.g. director, secretary)\nof [name of judgment debtor],\nbeing authorised by the judgment debtor to act on its behalf in making this\ndeclaration, do solemnly and sincerely declare that the following information\nand annexures (if any) are true and correct.\nThis declaration is true and I know it is an offence to make a declaration\nknowing it is false in a material particular.\nDeclared by\n[Signature of person making declaration] ________________________________________\nat [place] ________________________________ on [date] _____________\nNOTE: Making a declaration knowing it is false in a material particular is\nan offence for which you may be fined or imprisoned.\nThis document does not have to be witnessed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 246\nFINANCIAL INFORMATION\n1. AMOUNT AND SOURCE OF WEEKLY RECEIPTS\nAverage weekly trading income:\nAverage weekly interest on deposits with ADIs (e.g. banks, credit unions or\nbuilding societies), debentures etc.:\nAverage weekly dividend on shares:\nOther receipts(give particulars):\nTOTAL GROSS WEEKLY RECEIPTS: $\n2. PROPERTY AND ASSETS\nLand, including vacant land:\nFor each piece of land:\nAmount of mortgage:\nMotor vehicle:\nFor each motor vehicle:\nYear, make and model:\nPlant and equipment, including furniture:\nStock:\nDeposit in ADIs (e.g. banks, credit unions, building societies etc.):\nOther investments including shares,\ndebentures, bonds:\nMoney owing to you by creditors:\nOther assets (give particulars):\n\nLocal Court (Civil Jurisdiction) Rules 1998 247\nTOTAL PROPERTY AND ASSETS: $\n3. WEEKLY DEBTS, LIABILITIES & OTHER FINANCIAL\nOBLIGATIONS\nTax:\nSuperannuation:\nMortgage or rent:\nLocal government rates:\nWater and sewerage rates:\nLand tax:\nElectricity and gas:\nMotor vehicle expenses (registration,\ninsurance, maintenance, fuel):\nTelephone:\nInsurance policy premiums:\nOther expenses (give particulars):\nOther debts outstanding:\nGive particulars of debts under\nhire purchase, leasing credit\ncard or other credit contracts,\nguarantee or personal loan:\nTOTAL DEBTS, &c.: $\n4. Identify each asset referred to in paragraph 2 that is owned jointly,\nand give the name of the other owner or owners:\n5. Identify each debt referred to in paragraph 3 that is due jointly, and\ngive the name of the other debtor or debtors:\n6. Give particulars of any other circumstances which affect the\nfinancial situation of the judgment debtor.\n\nLocal Court (Civil Jurisdiction) Rules 1998 248\nFORM 47E\nrule 47.09(2)\nAPPLICATION FOR ISSUE OF WARRANT FOR ARREST OF JUDGMENT\nDEBTOR\n[Judgment creditor's name], the judgment creditor, of [address], pursuant to\nan order dated [e.g. 19 January 1998], applies for the issue of a warrant for\nthe arrest of [judgment debtor's name], the judgment debtor, of [address], who\nfailed to attend before the Local Court at the time and place appointed by the\nsummons issued on [e.g. 18 December 1997] to be examined concerning the\njudgment debtor's financial circumstances.\nOn [e.g. 27 October 1997] it was ordered that the judgment debtor pay the\njudgment creditor the sum of $ , including costs.\n$\nPARTICULARS OF HOW INTEREST CALCULATED\n[enter particulars]\nPARTICULARS OF AMOUNTS RECEIVED\n[list dates and amounts paid on account\nor recovered under previous warrant]\n\nLocal Court (Civil Jurisdiction) Rules 1998 249\nFORM 47F\nrule 47.09(2)\nWARRANT FOR ARREST OF JUDGMENT DEBTOR ON DISOBEDIENCE\nTO SUMMONS\nTO *THE BAILIFF *ALL MEMBERS OF THE POLICE FORCE OF THE\nNORTHERN TERRITORY.\n[Name of judgment debtor], a judgment debtor, of [address] has failed to\nattend before the Local Court at the time and place appointed by the\nsummons issued on [e.g. 18 December 1997] to be examined concerning the\njudgment debtor's financial circumstances.\nI authorise you to enter and search by day or by night any dwelling-house,\nship or place where [name of judgment debtor] is suspected to be, using all\nnecessary force for that purpose and if necessary breaking any outer door or\nwindow, and to apprehend the judgment debtor and to bring the judgment\ndebtor before the Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 250\nFORM 48A\nrule 48.04(1)(a)\nATTACHMENT OF EARNINGS SUMMONS\nYou are summoned to attend before the Court for the hearing of an\napplication by the judgment creditor, [name of judgment creditor], for an order\nthat some of your earnings be paid to satisfy a judgment debt.\nOn [e.g. 27 October 1997] the Court made an order against you for the\npayment of money to the judgment creditor.\nDo not ignore this summons. If you do not understand this summons or\nneed help contact a registrar of the Local Court, a legal practitioner or your\nlocal legal aid office.\n\nLocal Court (Civil Jurisdiction) Rules 1998 251\nFORM 48B\nrule 48.04(1)(b)\nAFFIDAVIT IN SUPPORT OF ATTACHMENT OF EARNINGS SUMMONS\nI, [name of judgment creditor] of [address], the judgment creditor in these\nproceedings, make oath and say that:\n*1. On [e.g. 27 October 1997], the Local Court ordered [name of\njudgment debtor], the judgment debtor, to pay $ to me together\nwith costs of $ .\n*1. On [e.g. 27 October 1997], the Local Court ordered [name of\njudgment debtor], the judgment debtor, to pay me costs of $ .\n2. In respect of that order, $ is now owing, made up as follows:\n*(a) $ , being $ exclusive of costs and $ for costs;\n*(a) $ for costs;\n*(b) $ , being interest at % per annum, the rate for the time\nbeing fixed in accordance with law, on $[amount owing,\nexclusive of costs] from the date of the order;\n(c) $ , being interest at % per annum, the rate for the time\nbeing fixed in accordance with law, on $[amount of costs] from\n[applicable date];\n(d) $ , being the practitioner's costs and filing fee in respect of\nthe issue of the attachment of earnings summons;\n(e) $ , being the fee for service of the attachment of earnings\nsummons.\n*3. The daily rate of interest now accruing on the amount owing is\n$[daily rate].\n4. The judgment debtor is employed by [name of employer] of\n[address] as a [occupation].\nMade at [place] ________________ on [date] ________________\nBy [signature of deponent] _______________________________\n\nLocal Court (Civil Jurisdiction) Rules 1998 252\nSignature ______________________________________\nName ______________________________________\nAddress or phone no. _____________________________\n\nLocal Court (Civil Jurisdiction) Rules 1998 253\nFORM 48C\nrule 48.06(1)\nATTACHMENT OF EARNINGS ORDER\nTHE COURT FINDS THAT:\n1. On [date] the Local Court ordered [name of judgment debtor], the\njudgment debtor, to pay to [name of judgment creditor], the\njudgment creditor, *$ together with costs/costs of $ *.\n2. The judgment debtor has failed to comply with the order and\n$ is now owing in respect of the judgment debt.\n3. The judgment debtor was served with a copy of the attachment of\nearnings summons and *attended/had a reasonable opportunity of\nattending* the hearing referred to in the summons.\n4. The judgment debtor is employed by [name of employer] at\n[address] in the Northern Territory as a [occupation] and is a person\nto whom earnings are payable or are likely to become payable by\nthat employer.\n1. [Name of employer] must, for the purpose of securing payment of\nthe judgment debt of $ , while [name of judgment debtor] is\nemployed by that employer, or until this order ceases to have effect,\nmake deductions out of the net earnings of [name of judgment\ndebtor] and payments to [name of judgment creditor] of [address] in\naccordance with this order.\n2. The protected earnings are *$ / % of the net earnings* in\nrespect of each pay-day.\n3. The appropriate deduction is *$ / % of the net earnings* in\nrespect of each pay-day.\n4. Subject to paragraph 6, on each pay-day that the net earnings are\nin excess of the protected earnings specified in paragraph 2, the\nemployer may first pay to himself or herself, out of that excess,\n$ for the administrative costs of complying with this order.\n5. Subject to paragraph 6, following payment of the administrative\ncosts in accordance with paragraph 4, the employer must pay to the\njudgment creditor, out of the remaining excess, the appropriate\ndeduction specified in paragraph 3.\n\nLocal Court (Civil Jurisdiction) Rules 1998 254\n6. If on a pay-day the amount of net earnings in excess of the\nprotected earnings is insufficient to allow for payment in full of the\nadministrative costs or appropriate deduction, on that pay-day the\nemployer may first pay as much as the excess allows towards the\nadministrative costs, must then pay as much as the excess allows\ntowards the appropriate deduction, and must pay the deficit in\naccordance with paragraph 7.\n7. If on a pay-day, after payment of the administrative costs and\nappropriate deduction in full, the net earnings remain in excess of\nthe protected earnings, the employer must pay from that excess as\nmuch of the total deficit from previous pay-days as the excess\nallows, first towards the outstanding administrative costs and then\ntowards the outstanding appropriate deductions.\nNOTE: An attachment of earnings order comes into force at the end of 7 days\nafter the day on which the order is served on the employer.\n\nLocal Court (Civil Jurisdiction) Rules 1998 255\nFORM 48D\nrule 48.08(2)(a)\nNOTICE TO EMPLOYER\nThe attachment of earnings order served with this notice requires you to\ndeduct from the net earnings payable to [name of judgment debtor] as your\nemployee, on each pay-day until the order is discharged or suspended, the\namount referred to in the order as the appropriate deduction, and to pay that\namount to [name of judgment creditor], the judgment creditor, towards\nsecuring payment of $ .\nEARNINGS AND DEDUCTIONS\nEarnings means money payable to a judgment debtor by way of:\n(a) wages or salary, including fees, bonuses, commission, pay in lieu of\nleave or retirement benefit, overtime pay or other profits arising\nfrom the judgment debtor's office or employment; or\n(b) a pension, including:\n(i) an annuity for past services whether or not the services\nwere rendered to the person paying the annuity; and\n(ii) periodic payments of compensation for the loss, abolition\nor relinquishment of, or a reduction in profits arising\nfrom, an office or employment,\nbut does not include a pension under the Social Security Act 1991\nof the Commonwealth or the Veterans' Entitlements Act 1986 of the\nCommonwealth.\nNet earnings means the earnings payable to a judgment debtor on a pay-day\nafter the deduction of:\n(a) tax instalments under the Income Tax Assessment Act 1936 of the\nCommonwealth; and\n(b) superannuation contributions under the Superannuation Act 1986 of\nthe Commonwealth.\nAppropriate deduction means the amount that the Court considers to be:\n(a) a reasonable deduction from the net earnings; and\n(b) not more than is necessary,\nto pay the judgment debt within a reasonable time after an attachment of\nearnings order is made.\nProtected earnings means the amount of the net earnings below which the\nCourt considers it unreasonable for the earnings to be reduced by a payment\nto the judgment creditor, having regard to the resources and needs of the\njudgment debtor and of any other person for whom the judgment debtor\nprovides or reasonably may provide.\n\nLocal Court (Civil Jurisdiction) Rules 1998 256\nAPPLICATION TO COURT IF DOUBT ABOUT EARNINGS\nIf you are in doubt whether payments to the judgment debtor of a particular\ndescription are earnings for the purpose of the attachment of earnings order,\nyou may apply to the Court to have that question determined.\nNOTICE TO EMPLOYEE\nYou are required to give the judgment debtor a notice specifying particulars of\nthe payments made by you under the attachment of earnings order, including\nthe payment for your administrative costs in respect of the order.\nNOTICE IF YOU ARE NOT THE EMPLOYER\nYou must promptly give notice in accordance with Form 48F to a registrar of\nthe Local Court and the judgment creditor:\n(a) if you are not the employer of the judgment debtor; or\n(b) if you are now the employer of the judgment debtor but later cease\nto employ the judgment debtor – after you cease to be the\nemployer.\nEMPLOYEE NOT TO BE DISMISSED OR PREJUDICED\nA person who dismisses an employee, injures an employee in his or her\nemployment or alters an employee's position to his or her prejudice because\nan attachment of earnings order has been made, or because the person is\nrequired to make payments under the order in relation to the employee, may\nbe dealt with as for contempt of court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 257\nFORM 48E\nrules 48.08(2)(b)\nand 48.09\nNOTICE THAT JUDGMENT DEBTOR NOT EMPLOYED\nAT [ADDRESS OF COURT]\nAND TO [NAME OF JUDGMENT CREDITOR]\nI refer to the order made on [e.g. 2 March 1998] that I make payments to\n[name of judgment creditor], the judgment creditor, out of the net earnings of\n[name of judgment debtor], the judgment debtor, and give notice that:\n* The judgment debtor is not employed by me.\n* I ceased to be the judgment debtor's employer on .\n(date)\n(e.g. 5 March 1998)\n[signature of employer]\n\nLocal Court (Civil Jurisdiction) Rules 1998 258\nFORM 48F\nrule 48.13(1)(a)\nAPPLICATION FOR ENFORCEMENT OF ATTACHMENT OF EARNINGS\nORDER AGAINST EMPLOYER\nIN THE LOCAL COURT\nAT [VENUE] Claim No.\nBetween [FULL NAME] Judgment Creditor\nand\n[FULL NAME] Judgment Debtor\nand\n[FULL NAME] Employer\nTO [NAME OF EMPLOYER]\nYou are ordered to attend before the Court for the hearing of an application by\nthe judgment creditor for an order that the attachment of earnings order made\non [e.g. 15 December 1997] be enforced against you as the employer of the\njudgment debtor.\nThis application was filed by the judgment creditor.\n\nLocal Court (Civil Jurisdiction) Rules 1998 259\nFORM 48G\nrule 48.16(2)\nNOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER\nTO [NAME OF EMPLOYER] OF [ADDRESS], THE EMPLOYER OF [NAME\nOF JUDGMENT DEBTOR].\nThe attachment of earnings order made on [date], which ordered you to make\npayments to [name of judgment creditor] out of the earnings payable to [name\nof judgment debtor], ceased to have effect on [date] because [state reason].\nNOTE: Any adjustments to the employee's salary as a consequence of\nthe cessation of the attachment of earnings order must be made not later than\n7 days after receiving this notice.\nThe employer does not incur a liability for treating the attachment of earnings\norder as still in force at any time before the end of 7 days after receipt of this\nnotice or (if applicable) at any time before a copy of an order discharging the\nattachment of earnings order is served on the employer, whichever occurs\nfirst.\n\nLocal Court (Civil Jurisdiction) Rules 1998 260\nFORM 49A\nrule 49.03(1)(a)\nGARNISHEE SUMMONS\nIN THE LOCAL COURT\nAT [VENUE] Claim No.\nBetween [FULL NAME] Judgment Creditor\nand\n[FULL NAME] Judgment Debtor\nand\n[FULL NAME] Garnishee\nTO [NAME OF GARNISHEE]\nYou are summoned to attend before the Court for the hearing of an\napplication by the judgment creditor for an order that you, the garnishee:\n*pay to the judgment creditor the debt due from you to the judgment debtor,\n*pay to the judgment creditor in such amount or amounts and at such time or\ntimes as the Court may direct the debt accruing from you to the judgment\ndebtor,\n(continue)\nor so much of that debt as may be sufficient to satisfy the judgment debt\npayable by the judgment debtor to the judgment creditor under an order made\nby the Court on [e.g. 2 March 1998] for $ , interest accrued and accruing\non the judgment debt and the costs of the judgment creditor in respect of the\ngarnishee proceedings. The sum required to satisfy the judgment debt,\ninterest and costs is $ , and is made up as follows:\n(a) $ , the amount due and unpaid under the judgment;\n(b) $ , the amount of interest accrued and accruing;\n(c) $ , the costs of the garnishee proceedings.\nThe debt in respect of which this summons is filed is [give details of the debt].\n\nLocal Court (Civil Jurisdiction) Rules 1998 261\nNOTE: Money owing under the debt to the extent of the judgment is not\nto be paid to the judgment debtor unless the Court so orders.\nYou may dispute liability for payment of the debt to the judgment debtor by\nfiling and serving on the judgment creditor and the judgment debtor, NOT\nLATER THAN 7 DAYS before the date of the hearing referred to above, an\naffidavit stating that fact and disclosing the grounds on which liability is\ndisputed.\n\nLocal Court (Civil Jurisdiction) Rules 1998 262\nFORM 49B\nrule 49.07(1)(a)\nATTACHMENT OF DEBTS ORDER\n(where garnishee debt less than judgment debt, interest and judgment\ncreditor's costs)\n[Heading as in Form 49A]\n1. The garnishee (where appropriate insert here: after deducting $\nfor the costs of the garnishee application) pay immediately to the\njudgment creditor $ , the debt due from the garnishee to the\njudgment debtor and that in default of payment action may be taken\nagainst the garnishee.\n(or where the debt is not due but accruing)\nThe garnishee pay to the judgment creditor $ , the debt accruing\nfrom the garnishee to the judgment debtor, as follows:\n[state the amount or amounts to be paid and the time or times of\npayment as directed by the Court]\nand that in default of payment action may be taken against the\ngarnishee.\n2. The costs of the judgment creditor of the garnishee application,\nbeing an amount of $ , be added to the judgment debt and the\ninterest accrued on that debt and be retained by the judgment\ncreditor out of the money recovered by the judgment creditor under\nthis order in priority to the judgment debt and interest.\n\nLocal Court (Civil Jurisdiction) Rules 1998 263\nFORM 49C\nrule 49.07(1)(b)\nATTACHMENT OF DEBTS ORDER\n(where garnishee debt more than judgment debt, interest and judgment\ncreditor's costs)\n[Heading as in Form 49A]\n1. The garnishee pay immediately to the judgment creditor $ ,\nbeing so much of the debt due from the garnishee to the judgment\ndebtor as is sufficient to satisfy the judgment debt, the interest\naccrued on that debt and the costs of the judgment creditor of the\ngarnishee proceedings, and that in default of payment action may\nbe taken against the garnishee.\n(or where the debt is not due but accruing)\nThe garnishee pay to the judgment creditor $ , being so much of\nthe debt accruing from the garnishee to the judgment debtor as is\nsufficient to satisfy the judgment debt, the interest accrued on that\ndebt and the costs of the judgment creditor of the garnishee\nproceedings as follows:\n[state the amount or amounts to be paid and the time or times of\npayment as directed by the Court]\nand that in default of payment action may be taken against the\ngarnishee.\n(where appropriate add)\n2. The garnishee be at liberty to retain $ for the garnishee's costs\nof the garnishee proceedings out of the balance of the debt due (or\naccruing) from him or her to the judgment debtor.\n\nLocal Court (Civil Jurisdiction) Rules 1998 264\nFORM 50A\nrule 50.01(1)\nAPPLICATION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY\nINSTALMENTS\nThis application is made by the *judgment creditor/judgment debtor* of [usual\nplace of residence or of business or registered office], with respect to the\norder dated [e.g. 27 October 1997] made in the Local Court that [name of\njudgment debtor], the judgment debtor, must pay [name of judgment creditor],\nthe judgment creditor, *$ together with costs/costs of $ *.\n$ is now owing under the order, being:\n*(a) $ , the amount due under the order;\n(c) $ , the amount of interest. (if capable of calculation where the\njudgment debtor applies)\nThe *judgment creditor/judgment debtor* applies to the Court for an order for\nthe payment by instalments of the amount owing as follows:\n[state the amount of each instalment, weekly, monthly or other period, the\nnumber of instalments and the dates of the first and last instalments]\nThe judgment debtor is unable to pay the amount owing in one sum because\n[state briefly why].\nThe address for service of [identify the applicant] is:\n\nLocal Court (Civil Jurisdiction) Rules 1998 265\nNOTE: If the applicant is the JUDGMENT DEBTOR, he or she MUST\nFILE AND SERVE with this application a declaration of financial\ncircumstances in accordance with Form 43C or 43D. If the applicant is the\nJUDGMENT CREDITOR, he or she MUST FILE AND SERVE with this\napplication an affidavit stating the facts on which the application is based.\nA registrar of the Local Court will consider this application and THE PARTIES\nWILL BE NOTIFIED as soon as practicable of the registrar's decision and\nhow to object to that decision if they so wish.\nTHE PARTY SERVED WITH THIS APPLICATION MAY CONSENT to the\norder sought by filing and serving a notice of consent in accordance with\nForm 50F.\n\nLocal Court (Civil Jurisdiction) Rules 1998 266\nFORM 50B\nrule 50.01(2)\nAPPLICATION FOR VARIATION OR CANCELLATION OF ORDER FOR\nPAYMENT OF JUDGMENT DEBT BY INSTALMENTS\nThis application is made by the *judgment creditor/judgment debtor* of [usual\nplace of residence or of business or registered office], with respect to the\norder dated [e.g. 27 October 1997] made in the Local Court that [name of\njudgment debtor], the judgment debtor, must pay [name of judgment creditor],\nthe judgment creditor, *$ together with costs/costs of $ *.\nOn [e.g. 24 November 1997] an order was made that the judgment debtor pay\n$ , the amount then owing under the order, by instalments as follows:\n[insert terms of order]\nThe judgment debtor has:\n* paid the instalments in accordance with the order.\n* failed to pay the instalments due under the order on [date] and on [date].\nThe instalments are now in arrears in the amount of $ .\n$ is now owing under the order, being:\n*(a) $ , the amount due under the order;\n(c) $ , the amount of interest. (if capable of calculation where the\njudgment debtor applies)\nThe *judgment creditor/judgment debtor* applies for an order that the order\nmade on [e.g. 24 November 1997]:\n*be varied as follows:\n[give particulars of variation sought stating amount of each instalment, weekly,\nmonthly or other period, the number of instalments, the dates of the first and\nlast instalments and the name and address of person to be paid under the\norder as varied].\n*be cancelled.\n\nLocal Court (Civil Jurisdiction) Rules 1998 267\nThe grounds on which the application is made are:\n[where the judgment debtor applies, give particulars of any material change in\nthe circumstances of the judgment debtor since the date of the order]\n[where the judgment creditor applies, give particulars of any allegation that\nthere has been a substantial increase in the property or means of the\njudgment debtor or that any information given by the judgment debtor in\nsupport of the application for the order for the payment of the judgment debt\nby instalments or in any agreement for the payment of the judgment debt by\ninstalments was inaccurate].\nThe address for service of [identify the applicant] is:\nNOTE: If the applicant is the JUDGMENT DEBTOR, he or she MUST\nFILE AND SERVE with this application a declaration of financial\ncircumstances in accordance with Form 43C or 43D. If the applicant is the\nJUDGMENT CREDITOR, he or she MUST FILE AND SERVE with this\napplication an affidavit stating the facts on which the application is based.\nA registrar of the Local Court will consider this application and THE PARTIES\nWILL BE NOTIFIED as soon as practicable of the registrar's decision and\nhow to object to that decision if they so wish.\nTHE PARTY SERVED WITH THIS APPLICATION MAY CONSENT to the\norder sought by filing and serving a notice of consent in accordance with\nForm 50F.\n\nLocal Court (Civil Jurisdiction) Rules 1998 268\nFORM 50C\nrule 50.02(2)(a)\nORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY\nINSTALMENTS\n*[Name of judgment debtor], the judgment debtor, pay to [name of judgment\ncreditor], the judgment creditor, $ , being the amount owing in respect of\nan order for the payment of money dated [e.g. 27 October 1997], by\ninstalments as follows:\n[state amount of each instalment, weekly, monthly or other period for\npayment, number of instalments, dates of payments of first and last\ninstalments to be made and address of person to be paid].\n(OR)\n*The order made on [e.g. 24 November 1997] that the judgment debtor pay by\ninstalments $ , which was then owing under a judgment for the judgment\ncreditor against the judgment debtor dated [e.g. 27 October 1997], be varied\nas follows:\n[complete appropriately]\n(OR)\n*The order made on [e.g. 24 November 1997] that the judgment debtor pay by\ninstalments $ , which was then owing under a judgment for the judgment\ncreditor against the judgment debtor dated [e.g. 27 November 1997], be\ncancelled.\n(OR)\n[if other order made, complete as appropriate]\n\nLocal Court (Civil Jurisdiction) Rules 1998 269\nNOTE: IF YOU OBJECT to the order being made in the terms above,\nYOU MUST, NOT LATER THAN 14 DAYS after the date of this notice, file a\nnotice of objection in accordance with Form 50E at the Court and serve a\ncopy on the other party.\n\nLocal Court (Civil Jurisdiction) Rules 1998 270\nFORM 50D\nrule 50.02(2)(b)\nNOTICE OF REFUSAL TO MAKE ORDER RELATING TO PAYMENT OF\nJUDGMENT DEBT BY INSTALMENTS\nTO [NAME OF JUDGMENT CREDITOR]\nAND TO [NAME OF JUDGMENT DEBTOR]\nTAKE NOTICE that on [date] I refused an application by the *judgment\ncreditor/judgment debtor* for the following order:\n[complete appropriately]\nIF YOU OBJECT to the refusal to make the order sought, YOU MUST, NOT\nLATER THAN 14 DAYS after the date of this notice, file a notice of objection\nin accordance with Form 50E at the Court and serve a copy on the other\n\nLocal Court (Civil Jurisdiction) Rules 1998 271\nFORM 50E\nrule 50.03(1)\nNOTICE OF OBJECTION TO ORDER MADE OR REFUSAL TO MAKE\nORDER FOR PAYMENT, VARIATION OR CANCELLATION OF\nJUDGMENT DEBT BY INSTALMENTS\nI, [name of person objecting], the *judgment creditor/judgment debtor* object\nto:\n* the order made by the Court on [e.g. 2 March 1998] in respect of the\n*payment/*variation/cancellation* of a judgment debt by instalments.\n* the Court's refusal to make an order in respect of the\n*payment/*variation/cancellation* of a judgment debt by instalments, as\nnotified in the notice dated [e.g. 2 March 1998].\nI object on the following grounds:\n[state grounds of objection].\nThe objection will be heard by the Court at [address of Court] at a.m./p.m.\non or as soon afterwards as the business of the Court allows.\nThe address for service of [identify applicant] is:\nNOTE TO JUDGMENT DEBTOR: To prove your statutory declaration of\nfinancial circumstances and for the Court to fully examine your ability to pay\nthe money owing, you must bring to the hearing documents such as pay slips,\ntax returns, bank account statements and passbooks, rent slips, statement of\nunemployment/sickness/disability benefits or any other document which may\nbe of assistance to the Court. If you do not bring these documents, the Court\nmay adjourn the hearing and order you to produce them.\n\nLocal Court (Civil Jurisdiction) Rules 1998 272\n\nLocal Court (Civil Jurisdiction) Rules 1998 273\nFORM 50F\nrule 50.05\nNOTICE OF CONSENT TO ORDER RELATING TO PAYMENT OF DEBT\nBY INSTALMENTS\nThe *judgment creditor/judgment debtor* consents to the Court making an\norder that:\n2.\n\nLocal Court (Civil Jurisdiction) Rules 1998 274\nFORM 50G\nrule 50.06(3)(a)\nINSTALMENT AGREEMENT\n1. This agreement is made between [name of judgment creditor], the\njudgment creditor, of [usual place of residence or of business or\nregistered office] and [name of judgment debtor], the judgment\ndebtor, of [usual place of residence or of business or registered\noffice] with respect to the order dated [e.g. 2 March 1998] made in\nthe Local Court that the judgment debtor must pay the judgment\ncreditor *$ together with costs/costs of $ *.\n2. $ is now owing under the order, being:\n*(a) $ , the amount due under the judgment;\n(c) $ , the amount of interest.\n3. The parties agree that the judgment debtor will pay and the\njudgment creditor will accept payment of [$ amount owing under\norder] by instalments as follows:\n(a) [number of instalments];\n(b) [amount of each instalment];\n(c) [weekly, monthly or other period for payment];\n(d) [date of payment of:\nfirst instalment\nlast instalment];\n(e) [name and address of person to whom payment to be\nmade];\n4. The judgment debtor acknowledges that on the filing of this\nagreement, if a failure to comply with this agreement continues for\n14 days or more, the judgment creditor may take further action to\nenforce the order referred to in paragraph 1.\n\nLocal Court (Civil Jurisdiction) Rules 1998 275\nSigned by the judgment creditor:\nSigned by witness:\nName:\nContact address or telephone number:\nSigned by the judgment debtor:\nSigned by witness:\nName:\nContact address or telephone number:\n* Delete if inapplicable. Re-number where required.\n\nLocal Court (Civil Jurisdiction) Rules 1998 276\nFORM 51A\nrule 51.02(1)(a)\nCHARGING SUMMONS\nTO [NAME OF PERSON TO WHOM SUMMONS IS DIRECTED]\nAND TO [NAME OF JUDGMENT DEBTOR]\nYou are summoned to attend before the Court on the hearing of an application\nby [name of judgment creditor], the judgment creditor, for an order that certain\nsecurities [or as the case may be] in which [name of judgment debtor], the\njudgment debtor, has a beneficial interest, namely, [give particulars sufficient\nto identify the securities and the interest of the judgment debtor], stand\ncharged to the extent of the value of the entire beneficial interest of the\njudgment debtor in the securities or of so much of that value as may be\nsufficient to satisfy a judgment debt payable by the judgment debtor to the\njudgment creditor under an order made in the Local Court on [e.g. 2 March\n1998] for $ , made up as follows:\n(a) $ , the amount due and unpaid under the judgment debt;\n(b) $ , the amount of interest accrued or estimated to accrue; and\n(c) $ , the estimated costs of the charging order proceedings.\nNOTE: To [name of person to whom summons is directed].\nUpon service of this summons you must not, except by order of the Court,\ncause or permit a transfer of any of the above-mentioned securities to be\nmade or pay to a person any dividend or interest on those securities.\n\nLocal Court (Civil Jurisdiction) Rules 1998 277\nNOTE: To the judgment debtor.\nUnless the Court orders otherwise, any disposition by you of your interests in\nany of the above-mentioned securities made after service of this summons\nand before the application for the charging order is heard by the Court is\ninvalid as against the judgment creditor.\n\nLocal Court (Civil Jurisdiction) Rules 1998 278\nFORM 53A\nrule 53.01(3)(a)\nSEQUESTRATION SUMMONS\nTO [NAME OF PERSON ORDERED TO PAY MONEY INTO COURT]\n*AND [NAME OF OFFICER OF CORPORATION]\n*You are/An officer of the corporation named above is* summoned to attend\nbefore the Court for the hearing of an application by the [identify person\nseeking order] for an order for the sequestration of your property to a value\nsufficient to satisfy an order made in the Local Court on [e.g. 27 March 1998]\nthat you pay $ into the Court.\n\nLocal Court (Civil Jurisdiction) Rules 1998 279\nFORM 53AA\nrule 53A.01\nAPPLICATION FOR CERTIFICATE UNDER SECTION 28C OF THE LOCAL\nCOURT (CIVIL PROCEDURE) ACT 1989\n[FULL NAME] Applicant\nThe applicant applies to the Court for a certificate under section 28C of the\nLocal Court (Civil Procedure) Act 1989.\nDates of the alleged commission of an offence against section 228C, 228D or\n228E of the Criminal Code (if known):\nParticulars of how the applicant's identification information was the subject of\nthe alleged offence:\n[Attach supporting material if available, e.g. emails, letters, bank statements]\nDate of police report (if filed):\n[Attach copy]\nDetails of court proceedings (if commenced):\n[Attach relevant information]\nParticulars of how the commission of the alleged offence has caused\nproblems in relation to the applicant's personal or business affairs and how a\ncertificate would assist the victim to deal with those problems:\nThe draft certificate under section 28C of the Local Court (Civil Procedure)\nAct 1989 is attached.\nFull name or business name of applicant:\nCurrent address:\nDate of birth or ABN:\n[signature of applicant]\n\nLocal Court (Civil Jurisdiction) Rules 1998 280\nFORM 53AB\nrule 53A.02\nCERTIFICATE UNDER SECTION 28C OF THE LOCAL COURT (CIVIL\nPROCEDURE) ACT 1989\nName of Judge:\nPlace where certificate is being issued:\nFull name or business\nname of victim:\nCurrent address:\nDate of birth or ABN:\nParticulars of how the victim's identification information was the subject of an\nalleged offence under section 228C, 228D or 228E of the Criminal Code:\nAny other relevant information:\nIn issuing this certificate, I have had regard to section 28C(1) of the Local\nCourt (Civil Procedure) Act 1989.\nDated\nJudge\n\nLocal Court (Civil Jurisdiction) Rules 1998 281\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLocal Court Rules (SL No. 5, 1998)\nNotified 20 May 1998\nCommenced 1 June 1998 (r 1.02, s 2 Local Court Amendment Act 1997\n(Act No. 20, 1997) and Gaz G19, 20 May 1998, p 2)\nAmendment of Local Court Rules (SL No. 37, 1998)\nNotified 7 October 1998\nCommenced 7 October 1998\nAmendments of Local Court Rules (SL No. 38, 2000)\nNotified 5 July 2000\nCommenced 5 July 2000\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nAmendments of Local Court Rules (SL No. 26, 2001)\nNotified 30 May 2001\nCommenced 30 May 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\n\nLocal Court (Civil Jurisdiction) Rules 1998 282\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nAmendments of Local Court Rules (SL No. 42, 2002)\nNotified 1 November 2002\nCommenced 1 November 2002\nAmendment of Local Court Rules (SL No. 50, 2002)\nNotified 4 December 2002\nCommenced 4 December 2002\nPersonal Injuries (Liabilities and Damages) (Consequential Amendments) Act 2003 (Act\nNo. 4, 2003)\nAssent date 18 March 2003\nCommenced 1 May 2003 (s 2, s 2 Personal Injuries (Liabilities and\nDamages) Act 2003 (Act No. 3, 2003) Gaz G17,\n","sortOrder":13},{"sectionNumber":"30","sectionType":"section","heading":"April 2003, p 3)","content":"30 April 2003, p 3)\nAmendments of Local Court Rules (SL No. 33, 2003)\nNotified 21 May 2003\nCommenced 21 May 2003\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nLocal Court Amendment Rules 2005 (SL No. 7, 2005)\nNotified 23 March 2005\nCommenced 23 March 2005\nLocal Court Amendment (Originating Application) Rules 2005 (SL No. 33, 2005)\nNotified 12 October 2005\nCommenced 12 October 2005\nEvidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,\n2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nBusiness Names Act 2007 (Act No. 1, 2007)\nAssent date 8 March 2007\nCommenced 22 August 2007 (Gaz G34, 22 August 2007, p 7)\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession\nAct 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime\nAssistance Act 2006 (Act No. 15, 2006) and Gaz G17,\n","sortOrder":14},{"sectionNumber":"26","sectionType":"section","heading":"April 2007, p 7); rem: 24 April 2007","content":"26 April 2007, p 7); rem: 24 April 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\n\nLocal Court (Civil Jurisdiction) Rules 1998 283\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nLocal Court Amendment (Evidence) Rules 2012 (SL No. 54, 2012)\nNotified 27 December 2012\nCommenced 1 January 2013 (r 2, s 2 Evidence (National Uniform\nLegislation Act 2011 (Act No. 33, 2011) and Gaz G51,\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"December 2012, p 4)","content":"19 December 2012, p 4)\nLocal Court Amendment Rules 2014 (SL No. 26, 2014)\nNotified 13 August 2014\nCommenced 13 August 2014\nLocal Court Amendment Rules 2016 (SL No. 19, 2016)\nNotified 16 May 2016\nCommenced 16 May 2016\nLocal Court (Civil Jurisdiction) Amendment Rules 2017 (SL No. 24, 2017)\nNotified 12 July 2017\nCommenced 12 July 2017\n","sortOrder":16},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\nr 3(2) Amendments of Local Court Rules (SL No. 42, 2002)\n","sortOrder":17},{"sectionNumber":"4","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1.01, 1.09, 6.05, 7.16, 13.03,\n21.06, 22.01, 23.08, 27.02, 30.01, 30.07, 32.02, 32.07, 35.07, 36.01, 36.02,\n38.01, 38.02, 38.03, 38.14, 39.01, 39.03, 43.05, 44.08, 47.01, 50.01, 51.02,\n52.01, 53.01, 53A.01 and 53A.02 and sch 1.\n","sortOrder":18},{"sectionNumber":"5","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"5 LIST OF AMENDMENTS\nr 1.01 amd No. 19, 2016, r 8\nr 1.03 sub No. 19, 2016, r 3\nrr 1.04 – 1.08 rep No. 19, 2016, r 3\nr 1.09 amd No. 26, 2001, r 14; Act No. 17, 2001, s 12(1); Act No. 18, 2002, s 8; Act\nNo. 7, 2007, s 16; Act No. 1, 2007, s 73; No. 19, 2016, r 8; ; No. 24, 2017, r 3\nr 1.10 rep No. 19, 2016, r 4\nrr 1.11 – 1.12 amd No. 19, 2016, r 8\nr 1.14 amd No. 19, 2016, r 8\nr 1.15 amd Act No. 7, 2007, s 16\nrr 2.01 – 2.03 amd No. 19, 2016, r 8\nr 3.01 amd No. 19, 2016, r 8\nr 3.05 amd No. 26, 2001, r 2; No. 19, 2016, r 8; No. 24, 2017, r 4\nrr 3.06 – 3.10 amd No. 19, 2016, r 8\npt 4 hdg rep No. 19, 2016, r 4\n\nLocal Court (Civil Jurisdiction) Rules 1998 284\npt 4\ndiv 1 hdg rep No. 19, 2016, r 4\nr 4.01 amd No. 42, 2002, r 2; Act No. 5, 2007, s 37\nrr 4.02 – 4.04 rep No. 19, 2016, r 4\npt 4\ndiv 2 hdg rep No. 19, 2016, r 4\nr 4.05 rep No. 19, 2016, r 4\nr 4.06 amd Act No. 40, 2010, s 134\nr 4.07 amd No. 26, 2001, r 14\nrr 4.08 – 4.09 rep No. 19, 2016, r 4\npt 5\ndiv 1 hdg amd No. 19, 2016, r 8\nrr 5.01 – 5.04 amd No. 19, 2016, r 8\npt 5\ndiv 2 hdg amd No. 19, 2016, r 8\nr 5.05 sub No. 26, 2001, r 3\nr 5.06 amd No. 26, 2001, r 4; No. 19, 2016, r 8\nrr 5.07 – 5.08 amd No. 19, 2016, r 8\nr 5.11 amd No. 19, 2016, r 8\nr 5.15 amd No. 19, 2016, r 8\nr 5.18 amd No. 19, 2016, r 8\nrr 6.01 – 6.02 amd No. 19, 2016, r 8\nr 6.04 amd Act No. 17, 2001, s 12(2); No. 19, 2016, r 8\nr 6.05 amd No. 26, 2001, r 14; Act No. 17, 2001, s 12(3); Act No. 1, 2007, s 74\nr 6.06 amd No. 24, 2017, r 5\nr 6.07 amd No. 24, 2017, r 6\nrr 6.09 – 6.10 amd No. 19, 2016, r 8\nrr 6.13 – 6.14 amd No. 19, 2016, r 8\npt 7 hdg amd No. 26, 2001, r 5; No. 19, 2016, r 8\npt 7\ndiv 1 hdg ins No. 26, 2001, r 6\nr 7.01 amd No. 19, 2016, r 8; No. 24, 2017, r 7\nr 7.02 amd No. 24, 2017, r 8\nr 7.05 amd No. 24, 2017, r 9\nr 7.06 amd No. 24, 2017, r 10\npt 7\ndiv 2 hdg ins No. 26, 2001, r 7\nr 7.07 ins No. 26, 2001, r 7\namd No. 19, 2016, r 8; No. 24, 2017, r 11; No. 24, 2017, r 11\nr 7.08 ins No. 26, 2001, r 7\namd No. 33, 2005, r 3; No. 19, 2016, r 5; No. 24, 2017, r 12\nr 7.09 ins No. 26, 2001, r 7\namd No. 24, 2017, r 13\nr 7.10 ins No. 26, 2001, r 7\nr 7.11 ins No. 26, 2001, r 7\namd No. 19, 2016, r 8; No. 24, 2017, r 14\nr 7.12 ins No. 26, 2001, r 7\nr 7.13 ins No. 26, 2001, r 7\namd No. 19, 2016, r 8; No. 24, 2017, r 15\nr 7.14 ins No. 26, 2001, r 7\namd No. 33, 2005, r 4; No. 19, 2016, r 8\nr 7.15 ins No. 33, 2005, r 5\nr 7.16 ins No. 19, 2016, r 6\n\nLocal Court (Civil Jurisdiction) Rules 1998 285\nr 8.01 amd No. 24, 2017, r 16\nr 8.02 amd No. 24, 2017, r 17\nr 8.03 amd No. 19, 2016, r 8\nr 8.05 amd No. 19, 2016, r 8\nr 9.01 amd No. 19, 2016, r 8\nrr 9.03 – 9.04 amd No. 19, 2016, r 8\nrr 10.04 –\n10.05 amd No. 19, 2016, r 8\nr 11.01 amd No. 26, 2001, r 8\nr 11.02 amd No. 26, 2001, r 9; No. 33, 2005, r 4; Act No. 40, 2010, s 135\nrr 11.03 –\n11.04 amd No. 19, 2016, r 8\nrr 12.02 –\n12.06 amd No. 19, 2016, r 8\nrr 13.01 –\n13.02 amd No. 19, 2016, r 8\nr 13.03 amd No. 33, 2003, r 1\nrr 13.04 –\n13.05 amd No. 19, 2016, r 8\nrr 13.07 –\n13.09 amd No. 19, 2016, r 8\nr 14.03 amd No. 19, 2016, r 8\nr 14.04 amd No. 26, 2001, r 14\nr 14.05 amd No. 19, 2016, r 8\nr 14.07 amd No. 26, 2001, r 14; No. 19, 2016, r 8\nrr 14.08 –\n14.09 amd No. 19, 2016, r 8\nr 14.11 amd No. 19, 2016, r 8\nrr 15.01 –\n15.05 amd No. 19, 2016, r 8\nrr 15.07 –\n15.08 amd No. 19, 2016, r 8\nr 16.01 amd Act No. 40, 2010, s 136; No. 19, 2016, r 8; No. 24, 2017, r 18\nr 16.03 amd No. 19, 2016, r 8\nrr 16.05 –\n16.06 amd No. 19, 2016, r 8\nr 16.08 amd No. 19, 2016, r 8\nr 17.01 amd No. 19, 2016, r 8\nr 17.05 amd No. 19, 2016, r 8\nrr 17.07 –\n17.08 amd No. 19, 2016, r 8\nrr 18.01 –\n18.02 amd No. 19, 2016, r 8\nrr 18.04 –\n18.07 amd No. 19, 2016, r 8\nr 18.08 amd No. 26, 2001, r 14; No. 19, 2016, r 8\nr 18.10 amd No. 19, 2016, r 8\nr 19.02 amd No. 19, 2016, r 8\nrr 19.07 –\n19.08 amd No. 19, 2016, r 8\nr 20.02 amd No. 19, 2016, r 8\nr 20.05 amd No. 19, 2016, r 8\nr 20.08 amd No. 19, 2016, r 8\nrr 20.15 –\n20.17 amd No. 19, 2016, r 8\nrr 20.19 –\n20.20 amd No. 19, 2016, r 8\n\nLocal Court (Civil Jurisdiction) Rules 1998 286\nrr 21.01 –\n21.05 amd No. 19, 2016, r 8\nr 21.06 amd Act No. 32, 2006, s 15; No. 54, 2012, r 4; No. 19, 2016, r 8\nr 22.01 amd Act No. 40, 2010, s 137; No. 19, 2016, r 8\nr 22.03 amd Act No. 40, 2010, s 138\nr 22.04 amd Act No. 40, 2010, s 139\nr 22.05 amd Act No. 40, 2010, s 140\nr 22.06 amd Act No. 40, 2010, s 141\nr 22.07 amd No. 19, 2016, r 8\nr 22.08 amd Act No. 40, 2010, s 142\nr 22.10 amd Act No. 40, 2010, s 143\nr 22.12 amd Act No. 40, 2010, s 144; No. 24, 2017, r 19\nr 22.13 amd Act No. 40, 2010, s 145; No. 19, 2016, r 8\nrr 23.02 –\n23.03 amd No. 19, 2016, r 8\nrr 23.05 –\n23.06 amd No. 19, 2016, r 8\nr 23.08 amd Act No. 32, 2006, s 16; Act No. 40, 2010, s 146; No. 54, 2012, r 5; No. 19,\n2016, r 8\nr 23.09 amd No. 19, 2016, r 8\nr 23.11 amd No. 19, 2016, r 8\nrr 24.03 –\n24.04 amd No. 19, 2016, r 8\nr 24.06 amd No. 26, 2001, r 14\nr 24.07 amd No. 19, 2016, r 8\nrr 25.02 –\n25.03 amd No. 19, 2016, r 8\nr 25.04 amd No. 26, 2001, r 14\nrr 26.01 –\n26.02 amd No. 19, 2016, r 8\nr 27.02 amd No. 54, 2012, r 6; No. 19, 2016, r 8\nr 27.05 amd No. 19, 2016, r 8\nrr 28.01 –\n28.02 amd No. 19, 2016, r 8\npt 29 hdg amd No. 19, 2016, r 8\nrr 29.02 –\n29.03 amd No. 19, 2016, r 8\npt 30 hdg amd No. 38, 2000, r 2\ndiv 1 hdg ins No. 7, 2005, r 3\nr 30.01A ins No. 38, 2000, r 3\nr 30.01 amd No. 38, 2000, r 4\nr 30.02 sub No. 7, 2005, r 3\ndiv 2 hdg ins No. 7, 2005, r 3\nrr 30.03 –\n30.04 sub No. 7, 2005, r 3\nr 30.04A ins No. 38, 2000, r 5\nr 30.05 amd No. 38, 2000, r 6\n\nLocal Court (Civil Jurisdiction) Rules 1998 287\nr 30.06 sub No. 7, 2005, r 3\ndiv 3 hdg ins No. 7, 2005, r 3\nr 30.07 ins No. 7, 2005, r 3\nrr 30.08 –\n30.09 ins No. 7, 2005, r 3\npt 30A hdg ins No. 38, 2000, r 7\nrr 30A.01 –\n30A.06 ins No. 38, 2000, r 7\nr 31.01 amd No. 19, 2016, r 8\nr 31.02 amd Act No. 17, 2001, s 12(4); No. 19, 2016, r 8\nr 31.06 amd Act No. 38, 2002, s 7\nr 31.07 amd Act No. 38, 2002, s 7; No. 19, 2016, r 8\nr 31.08 amd Act No. 38, 2002, s 7\nr 32.01 amd No. 19, 2016, r 8; No. 24, 2017, r 20\nr 32.02 amd No. 19, 2016, r 8\nr 32.04 amd No. 19, 2016, r 8\nrr 32.06 –\n32.08 amd No. 19, 2016, r 8\nrr 32.10 –\n32.11 amd No. 19, 2016, r 8\npt 33 hdg amd No. 19, 2016, r 8\nrr 33.01 –\n33.04 amd No. 19, 2016, r 8\nrr 34.02 –\n34.04 amd No. 19, 2016, r 8\nr 34.07 amd No. 19, 2016, r 8\npt 35\ndiv 1 hdg ins No. 7, 2005, r 4\nr 35.01 amd No. 19, 2016, r 8\nr 35.03 amd No. 19, 2016, r 8\nr 35.04 amd No. 26, 2001, r 14; No. 19, 2016, r 8\nrr 35.06 –\n35.07 amd No. 19, 2016, r 8\npt 35\ndiv 2 hdg ins No. 7, 2005, r 5\nrr 35.08 –\n35.9 ins No. 7, 2005, r 5\nr 35.10 ins No. 7, 2005, r 5\nr 35.11 ins No. 7, 2005, r 5\nrr 36.01 –\n36.03 amd No. 19, 2016, r 8\npt 37\ndiv 1 hdg om No. 7, 2005, r 6\nr 37.01 sub No. 7, 2005, r 7\nr 37.02 amd No. 7, 2005, r 8\nr 37.04 amd No. 19, 2016, r 8\nr 37.06 amd No. 19, 2016, r 8\npt 37\ndiv 2 hdg sub No. 38, 2000, r 8\nrr 37.10 –\n37.16 sub No. 38, 2000, r 8\n\nLocal Court (Civil Jurisdiction) Rules 1998 288\nrr 37.17 –\n37.20 ins No. 38, 2000, r 8\nrr 38.01 – amd No. 19, 2016, r 8\n38.03\nr 38.04 amd No. 19, 2016, r 8; No. 24, 2017, r 21\nr 38.05 amd No. 24, 2017, r 22\nr 38.06 amd No. 19, 2016, r 8\nr 38.07 rep No. 42, 2002, r 3\nr 38.08 sub No. 38, 2000, r 9\namd No. 7, 2005, r 10; No. 24, 2017, r 23\nrr 38.10 –\n38.12 amd No. 19, 2016, r 8\nr 38.14 amd No. 19, 2016, r 8\nr 38.16 amd No. 19, 2016, r 8\nr 39.02 amd No. 19, 2016, r 8\nr 39.03 amd Act No. 4, 2003, s 5; No. 19, 2016, r 8\nrr 40.01 –\n40.04 amd No. 19, 2016, r 8\npt 41 hdg rep No. 37, 1998\nrr 41.01 –\n41.02 rep No. 37, 1998\nr 42.01 amd No. 19, 2016, r 8\nr 43.01 amd No. 26, 2001, r 10; No. 19, 2016, r 8\nr 43.02 amd No. 26, 2001, r 11\nr 43.05 amd No. 26, 2001, r 12; No. 19, 2016, r 8\nr 44.02 amd No. 19, 2016, r 8\nr 44.08 amd Act No. 45, 2000, s 13\nr 45.01 amd No. 19, 2016, r 8\nr 46.01 amd No. 19, 2016, r 8\nrr 47.01 –\n47.02 amd No. 19, 2016, r 8\nrr 47.05 –\n47.06 amd No. 19, 2016, r 8\nr 47.08 amd No. 19, 2016, r 8\nr 48.02 amd No. 19, 2016, r 8\nr 48.04 amd No. 19, 2016, r 8\nr 48.05 amd Act No. 1, 2004, s 63; No. 19, 2016, r 8\nrr 48.06 –\n48.09 amd No. 19, 2016, r 8\nrr 48.13 –\n48.14 amd No. 19, 2016, r 8\nr 48.16 amd No. 19, 2016, r 8\nr 49.01 amd Act No. 38, 2002, s 7\nrr 49.02 –\n49.03 amd No. 19, 2016, r 8\nrr 49.06 –\n49.07 amd No. 19, 2016, r 8\nrr 50.01 –\n50.03 amd No. 19, 2016, r 8\nr 51.01 amd Act No. 17, 2001, s 12(5)\nr 51.02 amd No. 19, 2016, r 8\nr 53.01 amd No. 19, 2016, r 8\npt 53A hdg ins No. 26, 2014, r 3\nrr 53A.01 –\n53A.02 ins No. 26, 2014, r 3\n\nLocal Court (Civil Jurisdiction) Rules 1998 289\nsch 1 amd No. 38, 2000, r 10; No. 26, 2001, rr 13 and 14; Act No. 18, 2002, s 8; Act\nNo. 38, 2002, s 7; No. 50, 2002; No. 33, 2003, r 2; No. 7, 2005, r 11; No. 33,\n2005, r 7; Act No. 32, 2006, s 17; Act No. 7, 2007, s 16; Act No. 40, 2010, s 147;\nNo. 54, 2012, r 7; No. 26, 2014, r 4; No. 19, 2016, rr 7 and 8\nsch 2 rep No. 37, 1998","sortOrder":19}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is insufficient substantive content to determine whether the scope changed from the original 1998 intent. The rules appear to remain focused on procedural matters for civil jurisdiction in the Local Court, consistent with their original purpose, though the 2017 commencement date suggests this may be a reprint or amendment version."},"complexity_factors":["The document provided contains minimal substantive content — mostly metadata and formatting headers — making detailed analysis impossible","Procedural rules of this type are generally moderately technical, requiring familiarity with court processes and legal terminology","The rules likely contain numerous cross-references to other legislation and court forms, which can be difficult for laypeople to navigate","However, Local Court civil jurisdiction typically deals with lower-value, more straightforward disputes compared to higher courts, limiting overall complexity"],"plain_english_summary":"## Local Court (Civil Jurisdiction) Rules 1998\n\nThese are the procedural rules that govern how civil (non-criminal) legal disputes are handled in the Local Court. Think of them as the instruction manual for how to run a civil case in the Local Court — covering things like how to file documents, deadlines, how hearings are conducted, and what steps must be followed.\n\n**Who is affected?**\n- Everyday people involved in disputes over money, property, or contracts who take their case to the Local Court\n- Small businesses pursuing unpaid debts or defending claims\n- Lawyers representing clients in Local Court civil proceedings\n- Court staff administering cases\n\n**Why does it matter?**\nIf you're involved in a civil dispute — say someone owes you money or you've been sued — these rules dictate exactly how you must go about pursuing or defending that claim in the Local Court. Getting the procedure wrong (missing a deadline, filing the wrong form, etc.) can seriously damage or even end your case. Understanding these rules is essential for anyone navigating civil litigation at this level."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Rules remain procedural: they govern how civil matters proceed in the Local Court (commencement, pleadings, disclosure, case management, evidence, remedies and enforcement). Over time the Rules have been amended and expanded in detail (new enforcement procedures, identity-crime victim certificate, electronic filing rules, expanded mediation/case management provisions), but those additions are procedural refinements within the original remit to regulate civil procedure rather than a substantive change of scope. The core purpose — regulating the mechanics of Local Court civil litigation — has not shifted to a materially different policy domain."},"complexity_factors":["Extensive length: 54 Parts across 3 Chapters plus a very large Schedule of prescribed forms","Many defined terms concentrated in rule 1.09 and repeated throughout (corporation, party, originating process, discovery, etc.)","Heavy cross-referencing to Acts and external rules (Local Court Act, Corporations Act, Evidence (National Uniform) Act, Supreme Court Rules) throughout","Multiple decision-makers and delegated powers (Judge, judicial registrar, registrar, Chief Judge) with different competences (e.g. interlocutory matters vs hearings)","Numerous conditional paths and time triggers (e.g. filing/ service deadlines, extension powers, defaults, and special fast‑track rules like urgent applications and early hearings)","Nested exceptions and carve-outs (e.g. protected earnings percentages, exceptions for persons under disability, special tenancy/retail tenancy divisions)","Large number of standard forms in Schedule 1 creating strict procedural requirements and interlocking filing/service steps","Complex enforcement chapter (Chapter 2) with overlapping remedies: warrants, garnishee, charging orders, attachments, receivers, sequestration","Significant discretionary provisions and proportionality judgments (e.g. costs orders, security for costs, stay of enforcement) that produce case-by-case variability","Ongoing continuing obligations (continuing discovery, expert statements, attendance obligations) that produce procedural complexity over time"],"plain_english_summary":"**What these Rules are and who they affect**\n\n- The Local Court (Civil Jurisdiction) Rules 1998 set out how civil disputes are run in the Northern Territory Local Court. They apply to all civil proceedings (rule 1.03).  \n- People and organisations involved in Local Court civil cases are affected: plaintiffs (people who start claims), defendants, third parties, legal practitioners, employers (when enforcement affects pay), bailiffs and other enforcement agents, mediators, and court staff (see Parts 7, 8, 13, 32 and Chapter 2).\n\n**What the Rules do, in practical terms**\n\n- Set the starting points and timelines: how to commence a claim (statement of claim or originating application), where to file it, and how long documents remain valid for service (e.g. statement of claim valid for service for 6 months) (Part 7, rules 7.01–7.06).  \n- Require prompt service and specify how to serve papers (personal service, ordinary service, substituted service) and what counts as an address for service (Part 6, rules 6.01–6.13).  \n- Require a defendant who intends to defend to file a notice of defence within 28 days of service (rule 8.01).  \n- Set out pleading, amendment and particulars rules (Part 5, rules 5.09–5.17).  \n- Make disclosure (discovery) front-loaded: each party must file a list of documents when filing their statement of claim, originating application or notice of defence, and must continue to give discovery until the hearing (Part 16, rules 16.01–16.03).  \n- Provide strong case-management tools: mandatory conciliation conferences shortly after defence is filed, pre-hearing conferences, mediation referral, and scheduling orders to focus issues and speed hearings (Part 32, rules 32.01–32.11).  \n- Encourage settlement by formalising offer-of-compromise and payment-into-court mechanisms and linking them to costs consequences (Part 20, rules 20.02–20.20).  \n- Provide summary disposition options (summary judgment, striking out, default judgment) and set the procedure and evidentiary steps for those applications (Parts 11, 27, 28).  \n- Set rules for evidence and affidavit practice, expert statements and witness summonses (Parts 21–24).  \n- Provide extensive enforcement mechanisms for money orders: warrants of execution (seizure and sale), warrants of delivery or possession, attachment of earnings, attachment of debts (garnishee), charging orders, receiver appointment and sequestration (Chapter 2, Parts 42–53). These rules specify forms, notice requirements, what property is seizable, bailiff fees and priorities (e.g. rules 43.01, 44.03–44.08, 48.02–48.16, 49.02–49.11, 51.02–51.09).  \n- Provide taxations, costs processes and a public-interest costs power; costs are generally assessed against the Appendix to the Supreme Court Rules at 100% (Part 38, rules 38.02–38.16).  \n- Include administrative detail: document form and paper size requirements, filing by electronic transmission (rule 3.05; rule 3.10), and comprehensive prescribed forms in Schedule 1.\n\n**Why it matters (mechanics and incentives)**\n\n- Speed and early resolution: mandatory discovery, mandatory conferences, and costs consequences for refusing reasonable offers are designed to focus disputes early and reduce hearing time (rules 16.01, 32.01, 20.07). That creates an incentive to settle or narrow issues before trial.  \n- Front‑loaded compliance and administrative burden: parties must supply lists of documents at the start and maintain continuing discovery; affidavits and prescribed forms are mandatory in many situations (rules 16.01–16.03, Part 22). This reduces surprise but increases upfront cost and lawyer time.  \n- Access to enforcement for creditors: Chapter 2 gives a suite of tools (warrants, garnishee, attachment of earnings) to turn judgments into payments; employers, banks and other third parties may be required to act in enforcement (Parts 44–51). That raises the recovery rate for creditors but exposes debtors and third parties to intrusive steps (e.g. examination, garnishee) and administrative obligations (rules 47.01–47.06; 49.03–49.09; 48.04–48.11).  \n- Cost-shifting and settlement strategy: the form and timing of offers and payment-into-court affect who pays costs if the final judgment is better or worse than offers (rules 20.02–20.09). Parties and their lawyers will make strategic offers knowing the costs consequences.  \n- Discretion and judicial triage: the Court (judge, judicial registrar or registrar) has many discretionary powers to order amendments, stay enforcement, make case-management directions, and impose sanctions (see rules 1.11, 3.08, 32.04, 42.05). This centralised discretion helps case management but produces unpredictability and places weight on the quality and availability of judicial officers and registrars.  \n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: parties bear their own compliance costs (preparing discovery, affidavits, attending conferences). A losing party will generally pay costs, subject to the Court's discretion; special rules can make costs orders go the other way (Part 38; rules 20.05–20.09 on offers). Enforcement costs (bailiff fees, filing fees) are charged to judgment creditors or are recoverable as part of the judgment (rules 43.01(3), 44.08(2)). Employers may have to deduct from employees' pay (attachment of earnings — Part 48).  \n- Who decides: the Court decides procedural and substantive matters. Many powers are delegated to registrars and judicial registrars for interlocutory and enforcement matters (see rules 11.03, 32.01, 47.06). The Chief Judge may make practice directions and the Court issues scheduling orders.  \n- Behaviour changes likely to follow: earlier and more comprehensive disclosure; more use of conciliation/mediation and settlement offers; increased front-loading of lawyer work; creditors more likely to use enforcement tools; debtors may prefer negotiated instalment agreements to avoid garnishee or attachment measures.\n\n**Costs, trade‑offs and implementation risks**\n\n- Trade-offs: the Rules trade increased front-end compliance (time and legal fees for discovery, affidavits and scheduling) for faster, more efficient final hearings and better enforcement. The cost of compliance may deter low-value claims or push some litigants to self‑representation problems.  \n- Concentrated benefits and fee recipients: certain service providers (bailiffs, mediators, approved ADIs for guarantees) obtain identifiable fees under the Rules (e.g. bailiff fees referenced in rule 43.01(3)(f) and advertising/sale procedures in rule 44.08); those are concentrated beneficiaries while the costs are dispersed among litigants and defendants.  \n- Administrative risk: many rules require registrars to fix conferences, issue warrants, and manage files (rules 7.12, 32.01, 43.01). If registry resources are limited, delays and inconsistent application of the rules may follow.  \n- Compliance burden on business: corporations must comply with discovery, produce officers for examination, and may be subject to charging orders or receivers (rules 16.01, 47.01–47.06, 51.02–51.07). That can interfere with commercial operations and requires corporate governance processes to respond.  \n- Privacy and intrusion: enforcement measures (garnishee proceedings, examination of judgment debtor, attachment of earnings) permit close scrutiny of finances and can produce reputational or operational harm beyond the amount of the debt (Parts 47–49, 48).  \n\n**Practical highlights and quick references**\n\n- These Rules apply to civil proceedings generally (rule 1.03).  \n- Start a standard claim: file a statement of claim and serve it personally with a notice of defence form (Part 7, rules 7.01–7.06).  \n- If defending: file a notice of defence within 28 days (rule 8.01).  \n- Discovery: supply a list of documents on filing and continue discovery until hearing (Part 16, rule 16.01).  \n- Case management: expect a conciliation conference about 21 days after a notice of defence (rule 32.01).  \n- Settlement tools: use offers of compromise or pay money into Court (Part 20).  \n- Enforcement: if you obtain judgment and it is unpaid, the rules give multiple enforcement pathways (warrants, garnishee, attachment of earnings, charging orders, receivership, sequestration) — see Chapter 2 (Parts 42–53).\n\n**Official purpose-claim and a quick test of trade-offs**\n\n- The Rules are presented as a framework to ensure civil disputes are dealt with \"effectively, completely, promptly and economically\" (see rule 1.11). The mechanics — mandatory early disclosure, compulsory conferences, settlement incentives, and a broad enforcement toolkit — support that purpose.  \n- Test against costs and incentives: the same features that speed resolution (early disclosure, conferences, costs consequences) increase front‑end costs and administrative burden for parties and the Court. Enforcement tools improve creditor recovery but increase intrusion and compliance costs on employers, financial institutions and judgment debtors. The balance will depend on registry capacity, litigant resources and how judges and registrars exercise discretion on proportionality and costs (see rules 1.11, 16.01, 32.01, Parts 42–51)."},"kimi_summary":{"_metrics":{"completionTokens":773},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This appears to be a consolidated version of the rules as in force at 12 July 2017. The scope remains consistent with the original 1998 rules — governing civil procedure in the NT Local Court. The inclusion of Part 53A (Identity crime) and references to the Personal Violence Restraining Orders Act 2016 indicate amendments have kept the rules current, but the fundamental scope as a civil procedure code for the Local Court has not expanded beyond its original purpose."},"complexity_factors":["Extensive cross-referencing between Parts (e.g., Part 16 discovery rules referenced throughout)","Multiple commencement pathways (statement of claim vs originating application with different rules)","Detailed enforcement mechanisms with 6 different methods (warrants, attachment of earnings/debts, instalment orders, charging orders, receivers, sequestration)","Nested exceptions and conditional requirements (e.g., service rules vary by party type, urgency, and court orders)","47 defined terms in the interpretation section (rule 1.09)","Extensive prescribed forms (Schedule 1 with 50+ forms)","Time limits with complex calculation rules (rule 3.01) and extension provisions","Case management requirements with multiple conference types and attendance obligations","Special rules for vulnerable parties (persons under disability in Part 15)","Enforcement rules that incorporate Supreme Court Rules by reference (rule 38.02)"],"plain_english_summary":"These are the **Local Court (Civil Jurisdiction) Rules 1998** for the Northern Territory of Australia, as in force at 12 July 2017. They set out the procedural rules for civil cases in the NT Local Court.\n\n**What this legislation does:**\n\nThis is essentially the **\"rulebook\"** for how civil court cases work in the Northern Territory's Local Court. It covers everything from starting a lawsuit to enforcing a judgment.\n\n**Key areas covered:**\n\n- **Starting proceedings** — how to file a statement of claim or originating application (Part 7)\n- **Responding to claims** — filing notices of defence, counterclaims (Parts 8–9)\n- **Serving documents** — rules for personal service, ordinary service, substituted service (Part 6)\n- **Case management** — conciliation conferences, prehearing conferences, mediation (Part 32)\n- **Evidence and discovery** — exchanging documents, interrogatories, affidavits (Parts 16–22)\n- **Settlement offers** — formal offers of compromise, payment into court (Part 20)\n- **Judgments and orders** — default judgments, summary judgment, assessment of damages (Parts 11, 27, 34–35)\n- **Enforcement** — warrants of execution, attachment of earnings, attachment of debts, instalment orders, charging orders (Chapter 2, Parts 42–53)\n- **Costs and interest** — how legal costs are calculated and awarded (Parts 38–39)\n- **Special procedures** — for tenancies, recovery of land, persons under disability, identity crime victims (Parts 29–30, 15, 53A)\n\n**Who it affects:**\n\nAnyone involved in civil litigation in the NT Local Court — plaintiffs, defendants, legal practitioners, self-represented litigants, corporations, and government bodies.\n\n**Why it matters:**\n\nThese rules ensure civil disputes are handled **fairly, efficiently, and consistently**. They balance the need for proper process with mechanisms to resolve disputes quickly (like conciliation conferences) and provide multiple enforcement options for judgment creditors trying to recover money owed to them."}},"importantCases":[],"_links":{"self":"/api/acts/local-court-civil-jurisdiction-rules-1998","history":"/api/acts/local-court-civil-jurisdiction-rules-1998/history","analysis":"/api/acts/local-court-civil-jurisdiction-rules-1998/analysis","conflicts":"/api/acts/local-court-civil-jurisdiction-rules-1998/conflicts","importantCases":"/api/acts/local-court-civil-jurisdiction-rules-1998/important-cases","documents":"/api/acts/local-court-civil-jurisdiction-rules-1998/documents"}}