{"id":"nsw:sl-1970-0001","name":"Supreme Court Rules 1970","slug":"supreme-court-rules-1970","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"1 of 1970","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180985,"registerId":"nsw-nsw:sl-1970-0001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Rules","content":"#### 1 Name of Rules\n\n1 Name of Rules\n\n> These rules may be cited as the [Supreme Court Rules 1970](/view/html/inforce/current/sl-1970-0001).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> These rules shall commence on the commencement of the Act.\n> \n> Editorial note—\n> \n> Date of commencement: 1.7.1972. See Gazette No 59 of 2.6.1972, p 2018.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3–7 (Repealed)","sortOrder":3},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation","content":"#### 8 Interpretation\n\n8 Interpretation\n\ncf RSC (Rev) 1965, O 13, r 1 (2).\n\n> > (1) In these rules, unless the context or subject matter otherwise indicates or requires—\n> > \n> > ASIC means the entity known as the Australian Securities Commission prior to 1 July 1998, and subsequently known as the Australian Securities and Investments Commission.\n> > \n> > assess, when used in relation to costs assessed otherwise than by the Court, means assess in accordance with Part 11 of the [Legal Profession Act 1987](/view/html/repealed/current/act-1987-109).\n> > \n> > associate Judge includes an acting associate Judge.\n> > \n> > barrister has the same meaning as it has in the [Legal Profession Act 1987](/view/html/repealed/current/act-1987-109).\n> > \n> > Companies Code means the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a).\n> > \n> > convention means a convention made between Her Majesty or any of her predecessors and the king or other head of state of a foreign country regarding legal proceedings in civil and commercial matters.\n> > \n> > convention country means a foreign country to which a convention applies.\n> > \n> > corporation includes any artificial person.\n> > \n> > costs determination means a determination made under section 180 of the [Legal Profession Act 1987](/view/html/repealed/current/act-1987-109) as in force from time to time prior to 1 July 1994.\n> > \n> > cross-claim means a claim for relief under section 78 of the Act.\n> > \n> > curator means—\n> > \n> > > (a) in respect of a person—\n> > > \n> > > > (i) the management of whose estate is, by the [Protected Estates Act 1983](/view/html/repealed/current/act-1983-179) or by any order of the Court or the Guardianship Tribunal under that Act or under the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), committed to the Protective Commissioner,\n> > > \n> > > > (ii) of whose estate the Protective Commissioner has, in accordance with section 63 of the [Protected Estates Act 1983](/view/html/repealed/current/act-1983-179), undertaken the management, or\n> > > \n> > > > (iii) in relation to whose property the Protective Commissioner is authorised as mentioned in section 66 (1) (a) of that Act,\n> > > \n> > > the Protective Commissioner,\n> > \n> > > (b) in respect of a person of whose estate a manager has been appointed by order of the Court or the Guardianship Tribunal under section 22 of the [Protected Estates Act 1983](/view/html/repealed/current/act-1983-179) or section 25M of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)—the manager appointed.\n> > \n> > disable person means a minor or an incompetent person.\n> > \n> > document means any record of information, and includes—\n> > \n> > > (a) anything on which there is writing,\n> > \n> > > (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them,\n> > \n> > > (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or\n> > \n> > > (d) a map, plan, drawing or photograph.\n> > \n> > cf Act No 15 of 1987, s 21 (1).\n> > \n> > expert means a person who has specialised knowledge based on the person’s training, study or experience.\n> > \n> > fax means send a copy by facsimile transmission.\n> > \n> > folio means 100 words, five figures being counted as one word.\n> > \n> > cf Cost Rules, r 2. Rules of the Supreme Court (Revised) 1965 (Eng), O 1, r 4 (1).\n> > \n> > Foreign Evidence Act means the [Foreign Evidence Act 1994](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > funds includes money, debentures, stock, shares and other securities and investments.\n> > \n> > incompetent person means—\n> > \n> > > (a) a person who is not a minor and who is—\n> > > \n> > > > (i) incapable of managing his or her affairs, or\n> > > \n> > > > (ii) incommunicate, or\n> > \n> > > (b) a minor who has a curator.\n> > \n> > Law Courts Building means the building in which the Sydney registry of the Court is located.\n> > \n> > Mutual Recognition Act means the [Mutual Recognition Act 1992](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > notice means notice in writing.\n> > \n> > cf RSC (Rev) 1965, O 66, r 2 (5).\n> > \n> > officer, in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation.\n> > \n> > officer of the Court does not include a solicitor, barrister or liquidator.\n> > \n> > originating process means a statement of claim, a summons or, where a cross-claim is made against a person not previously a party to the proceedings in which the cross-claim is made, the cross-claim.\n> > \n> > pay, in relation to funds, includes transfer, deposit and deliver.\n> > \n> > person bound, in relation to a judgment or order, means a person required by the judgment or order—\n> > \n> > > (a) to pay money,\n> > \n> > > (b) to give possession of land,\n> > \n> > > (c) to deliver goods (with or without the alternative of paying the assessed value of the goods),\n> > \n> > > (d) to do any other act, or\n> > \n> > > (e) to abstain from doing any act.\n> > \n> > personal injuries includes any disease and any impairment of a person’s physical or mental condition.\n> > \n> > cf RSC (Rev) 1965, O 5, r 2.\n> > \n> > registry means a registry at Lismore, Newcastle, Orange, Sydney, Wagga Wagga or Wollongong.\n> > \n> > Riverina means the district of the State comprising Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora, Tumut and Wagga Wagga.\n> > \n> > solicitor has the same meaning as it has in the [Legal Profession Act 1987](/view/html/repealed/current/act-1987-109).\n> > \n> > the Act means the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n> > \n> > the Evidence Act means the [Evidence Act 1995](/view/html/inforce/current/act-1995-025).\n> > \n> > the Service and Execution of Process Act means the [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Trans-Tasman Mutual Recognition Act means the [Trans-Tasman Mutual Recognition Act 1997](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > tutor means a next friend or guardian ad litem of a disable person.\n> \n> > (2) Where—\n> > \n> > > (a) reference is made in the rules to the holder of an office in the Public Service or in the Australian Public Service, and\n> > \n> > > (b) the name of the office is changed or the relevant function is assumed by the holder of another office,\n> > \n> > the reference shall continue to apply to the holder of that office.\n> \n> > (3), (4) (Repealed)","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Seals","content":"#### 9 Seals\n\n9 Seals\n\n> > (1) There shall be the seals mentioned in the first column in the table below, which shall be impressed seals and respectively shall have the wording mentioned in the second column of the table and shall be in the custody of the officer mentioned in the third column of the table.\n> > \n> > | Seal | Wording | Custody |\n> > | General seal of the Court. | Supreme Court of New South Wales. | Prothonotary. |\n> > | Seal of the Court of Appeal. | Supreme Court of New South Wales: Court of Appeal. | Registrar of the Court of Appeal. |\n> > | Seal of each Division. | Supreme Court of New South Wales: (name of the Division). | Registrar of the Division. |\n> > \n> > cf Protective Jurisdiction Rules 1968, r 11 (1).\n> \n> > (2) Each of the seals mentioned in subrule (1) shall have effect as the seal of the Court.\n> \n> > (3) Except where the rules otherwise provide, but subject to subrule (4), the seal of the Court of Appeal or the general seal of the Court shall be used for the purpose of proceedings in the Court of Appeal and the seal of each Division or the general seal of the Court shall be used for the purpose of proceedings in that Division.\n> \n> > (4) A rubber stamp facsimile of any seal may be used instead of the seal for any purpose.\n> > \n> > cf PJR r 11 (3).\n> \n> > (5) (Repealed)","sortOrder":5},{"sectionNumber":"9A","sectionType":"section","heading":null,"content":"#### 9A\n\n9A, 9B (Repealed)","sortOrder":6},{"sectionNumber":"9C","sectionType":"section","heading":"Filing bail applications","content":"#### 9C Filing bail applications\n\n9C Filing bail applications\n\n> A bail application, within the meaning of the [Bail Act 2013](/view/html/inforce/current/act-2013-026), is sufficiently filed if a copy of the application has been filed in the Sydney registry by any of the following means—\n> \n> > (a) email,\n> \n> > (b) in person,\n> \n> > (c) post,\n> \n> > (d) in the case of an applicant who is in custody—fax.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10, 10A (Repealed)","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Forms","content":"#### 11 Forms\n\n11 Forms\n\ncf Act No 15 of 1987, s 80.\n\n> > (1) Forms are prescribed in Schedule F.\n> \n> > (2) A reference in any such form to a provision of these rules includes a reference to the corresponding provision (if any) of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418).\n> \n> > (3) If a form is approved under section 17 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) in relation to the same matter as that for which a form is prescribed in Schedule F, the form to be used is the approved form and not the prescribed form.","sortOrder":9},{"sectionNumber":"11A","sectionType":"section","heading":null,"content":"#### 11A\n\n11A, 12 (Repealed)","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Procedure wanting or in doubt","content":"#### 13 Procedure wanting or in doubt\n\n13 Procedure wanting or in doubt\n\n> > (1) Where a person desires to commence proceedings or take any step in any proceedings, and the manner or form of procedure is not prescribed by the Act or the rules or by or under any other Act or that person is in doubt as to the manner or form of procedure, the Court may, on application by that person, give directions.\n> > \n> > cf [High Court Rules](http://www.legislation.gov.au/), O 72, r 1 (1).\n> \n> > (2) Proceedings commenced in accordance with the directions of the Court shall be well commenced.\n> > \n> > cf HCR, O 72, r 1 (2).\n> \n> > (3) A step taken in accordance with the directions of the Court shall be regular and sufficient.\n> > \n> > cf HCR, O 72, r 1 (2).\n> \n> > (4) In respect of proceedings to be commenced for directions under subrule (1), application may be made by summons in any Division.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14 (Repealed)","sortOrder":12},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Sittings and vacations","content":"# Part 1A Sittings and vacations\n\nPart 1A Sittings and vacations","sortOrder":13},{"sectionNumber":"Part 1B","sectionType":"part","heading":null,"content":"# Part 1B\n\nParts 1B–11\n\n(Repealed)","sortOrder":17},{"sectionNumber":"Part 12","sectionType":"part","heading":"Distribution of business","content":"# Part 12 Distribution of business\n\nPart 12 Distribution of business","sortOrder":18},{"sectionNumber":"1A","sectionType":"section","heading":"Procedure under particular Acts","content":"#### 1A Procedure under particular Acts\n\n1A Procedure under particular Acts\n\n> The provisions of Schedule J with respect to proceedings under an Act or instrument referred to in that Schedule apply to proceedings in the Court under that Act or instrument.","sortOrder":20},{"sectionNumber":"Part 13","sectionType":"part","heading":"Recording and broadcast of judgments remarks","content":"# Part 13 Recording and broadcast of judgments remarks\n\nPart 13 Recording and broadcast of judgments remarks","sortOrder":22},{"sectionNumber":"4","sectionType":"section","heading":"Chief Justice may give directions concerning manner in which recordings to be made","content":"#### 4 Chief Justice may give directions concerning manner in which recordings to be made\n\n4 Chief Justice may give directions concerning manner in which recordings to be made\n\n> > (1) The Chief Justice may give such directions as the Chief Justice thinks fit for the orderly administration of the Court with respect to the manner in which recordings of the judgment remarks of the Court are to be made.\n> \n> > (2) A direction given under this rule may qualify, or add to, any of the requirements set out in rule 3.","sortOrder":26},{"sectionNumber":"5","sectionType":"section","heading":"Shared use of recordings by news media organisations","content":"#### 5 Shared use of recordings by news media organisations\n\n5 Shared use of recordings by news media organisations\n\n> > (1) Subject to subrule (2), a news media organisation that is permitted by the Court to record judgment remarks of the Court must, as soon as practicable after the recording is made, make the recording available for use by any other news media organisations that wish to broadcast it.\n> \n> > (2) If the recording made by the news media organisation is for a live broadcast, the news media organisation is to ensure that any other news media organisations that wish to broadcast it have equal access at the same time to the live feed.","sortOrder":27},{"sectionNumber":"Part 14","sectionType":"part","heading":null,"content":"# Part 14\n\nParts 14–51A\n\n(Repealed)","sortOrder":28},{"sectionNumber":"Part 51B","sectionType":"part","heading":"Appeals to the Court under Part 5 of the Crimes (Appeal and Review) Act 2001","content":"# Part 51B Appeals to the Court under Part 5 of the Crimes (Appeal and Review) Act 2001\n\nPart 51B Appeals to the Court under Part 5 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120)","sortOrder":29},{"sectionNumber":"6","sectionType":"section","heading":"Time for appeal","content":"#### 6 Time for appeal\n\n6 Time for appeal\n\n> > (1) Subject to subrules (1A) and (2) and any provisions made by or under any Act, an appeal must be instituted within 28 days after the material date.\n> \n> > (1A) If an application is made to a Local Court under Part 2 of the subject Act, the time for instituting an appeal does not start to run until the application under Part 2 is finally disposed of.\n> \n> > (2) Time fixed by subrule (1) may be extended—\n> > \n> > > (a) by the Court at any time, or\n> > \n> > > (b) where the decision appealed from is that of a magistrate—by the tribunal below, but only within the time fixed by subrule (1) for instituting an appeal (as extended by subrule (1A)) or on application filed within that time.\n> \n> > (3) A party applying to the Court for an extension of time under subrule (2) (a) shall—\n> > \n> > > (a) include that application in the summons instituting the appeal, or\n> > \n> > > (b) lodge with his or her notice of motion or summons a draft, completed as far as possible, of the summons under rule 7 and the statement under rule 8, to be filed if an extended time is fixed.","sortOrder":35},{"sectionNumber":"7","sectionType":"section","heading":"Institution of appeal","content":"#### 7 Institution of appeal\n\n7 Institution of appeal\n\n> Subject to rule 5, an appeal to the Court is to be instituted by filing a summons under Part 5 rule 3 that claims the decision that the party instituting the appeal seeks in place of the decision of the tribunal below.","sortOrder":36},{"sectionNumber":"12","sectionType":"section","heading":"Directions for service","content":"#### 12 Directions for service\n\n12 Directions for service\n\n> Where the Court makes an order granting—\n> \n> > (a) leave to appeal or to cross-appeal, or\n> \n> > (b) an extension of time for—\n> > \n> > > (i) appealing or cross-appealing, or\n> > \n> > > (ii) applying for leave to appeal or to cross-appeal,\n> > \n> > the Court may, at the same time or afterwards, give directions for service other than personal service of any summons or notice of cross-appeal by which, pursuant to the order, proceedings are commenced for an appeal or for leave to appeal or to cross-appeal, and of any other document in the proceedings so commenced.","sortOrder":41},{"sectionNumber":"15","sectionType":"section","heading":"Date of hearing of appeal","content":"#### 15 Date of hearing of appeal\n\n15 Date of hearing of appeal\n\n> Unless the Court otherwise orders, the appeal shall not be heard before 21 days after service of the summons by which the appeal is instituted.","sortOrder":44},{"sectionNumber":"16","sectionType":"section","heading":"Amendment","content":"#### 16 Amendment\n\n16 Amendment\n\n> > (1) The summons by which the appeal is instituted and any statement under rule 8 may be amended by the plaintiff without leave by filing a supplementary notice not less than 7 days before the day appointed for hearing.\n> \n> > (2) The plaintiff must, on the day of filing the supplementary notice, serve it on the other parties and must file or lodge a copy of it in accordance with rule 13 as if it were a summons.\n> \n> > (3) Subrule (1) does not affect the powers of the Court under Part 20 (which relates to amendment).","sortOrder":45},{"sectionNumber":"17","sectionType":"section","heading":"Cross-appeal","content":"#### 17 Cross-appeal\n\n17 Cross-appeal\n\n> > (1) Where a defendant wishes to appeal from the whole or part of a decision, the defendant shall file a notice of cross-appeal.\n> \n> > (2) The defendant must file the notice of cross-appeal within the later of—\n> > \n> > > (a) 28 days after service of the summons instituting the appeal on the defendant, and\n> > \n> > > (b) 14 days after leave to appeal or to cross-appeal is given.\n> \n> > (3) Subject to subrules (1), (2) and (4), the provisions of this Part relating to an appeal and a summons apply to the cross-appeal and a notice of cross-appeal.\n> \n> > (4) Part 6 and rule 6 (which relates to time for appeal) do not apply to a cross-appeal or notice of cross-appeal.","sortOrder":46},{"sectionNumber":"18","sectionType":"section","heading":"Notice of contention","content":"#### 18 Notice of contention\n\n18 Notice of contention\n\n> Where a defendant wishes to contend that the decision of the tribunal below should be affirmed on grounds other than those relied upon by the tribunal below but does not seek a discharge or variation of any part of the decision of the tribunal below, the defendant need not file a notice of cross-appeal but, within the time limited by rule 17 (2), the defendant must—\n> \n> > (a) file notice of that contention stating, briefly but specifically, the grounds relied upon in support of the contention, and\n> \n> > (b) serve the notice of contention on each other party to the appeal.","sortOrder":47},{"sectionNumber":"Part 52","sectionType":"part","heading":null,"content":"# Part 52\n\nParts 52–54\n\n(Repealed)","sortOrder":48},{"sectionNumber":"Part 55","sectionType":"part","heading":"Contempt","content":"# Part 55 Contempt\n\nPart 55 Contempt","sortOrder":49},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":50},{"sectionNumber":"Division 2","sectionType":"division","heading":"Contempt in the face or hearing of the Court","content":"## Division 2 Contempt in the face or hearing of the Court\n\nDivision 2 Contempt in the face or hearing of the Court","sortOrder":52},{"sectionNumber":"Division 3","sectionType":"division","heading":"Motion or proceedings for punishment","content":"## Division 3 Motion or proceedings for punishment\n\nDivision 3 Motion or proceedings for punishment","sortOrder":56},{"sectionNumber":"Division 4","sectionType":"division","heading":"General","content":"## Division 4 General\n\nDivision 4 General","sortOrder":64},{"sectionNumber":"Part 56","sectionType":"part","heading":null,"content":"# Part 56\n\nParts 56–59A\n\n(Repealed)","sortOrder":69},{"sectionNumber":"Part 60","sectionType":"part","heading":"Associate Judges","content":"# Part 60 Associate Judges\n\nPart 60 Associate Judges","sortOrder":70},{"sectionNumber":"Part 61","sectionType":"part","heading":"Registrars and chief clerk","content":"# Part 61 Registrars and chief clerk\n\nPart 61 Registrars and chief clerk","sortOrder":80},{"sectionNumber":"4A","sectionType":"section","heading":"Practice in registries outside Sydney","content":"#### 4A Practice in registries outside Sydney\n\n4A Practice in registries outside Sydney\n\n> The practice of the Sydney registry shall, so far as practicable, be followed in any other registry.","sortOrder":83},{"sectionNumber":"Part 62","sectionType":"part","heading":null,"content":"# Part 62\n\nParts 62–65\n\n(Repealed)","sortOrder":85},{"sectionNumber":"Part 65A","sectionType":"part","heading":"Legal profession","content":"# Part 65A Legal profession\n\nPart 65A Legal profession","sortOrder":86},{"sectionNumber":"Part 65B","sectionType":"part","heading":null,"content":"# Part 65B\n\nPart 65B\n\n1 (Repealed)","sortOrder":94},{"sectionNumber":"Part 65C","sectionType":"part","heading":"Admission as legal practitioner","content":"# Part 65C Admission as legal practitioner\n\nPart 65C Admission as legal practitioner","sortOrder":95},{"sectionNumber":"Part 66","sectionType":"part","heading":null,"content":"# Part 66\n\nParts 66–68\n\n(Repealed)","sortOrder":108},{"sectionNumber":"Part 69","sectionType":"part","heading":"Infants’ Custody and Settlements Act rules","content":"# Part 69 Infants’ Custody and Settlements Act rules\n\nPart 69 Infants’ Custody and Settlements Act rules","sortOrder":109},{"sectionNumber":"Part 70","sectionType":"part","heading":null,"content":"# Part 70\n\nParts 70, 71\n\n(Repealed)","sortOrder":112},{"sectionNumber":"Part 71A","sectionType":"part","heading":"Service and Execution of Process Act 1992 (Commonwealth)","content":"# Part 71A Service and Execution of Process Act 1992 (Commonwealth)\n\nPart 71A [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) (Commonwealth)","sortOrder":113},{"sectionNumber":"Part 72","sectionType":"part","heading":null,"content":"# Part 72\n\nParts 72–73\n\n(Repealed)","sortOrder":122},{"sectionNumber":"Part 74","sectionType":"part","heading":"Transfers of proceedings; cross-vesting laws","content":"# Part 74 Transfers of proceedings; cross-vesting laws\n\nPart 74 Transfers of proceedings; cross-vesting laws","sortOrder":123},{"sectionNumber":"Part 75","sectionType":"part","heading":"Criminal proceedings","content":"# Part 75 Criminal proceedings\n\nPart 75 Criminal proceedings","sortOrder":132},{"sectionNumber":"3AA","sectionType":"section","heading":"Forms approved by Uniform Rules Committee not to be used","content":"#### 3AA Forms approved by Uniform Rules Committee not to be used\n\n3AA Forms approved by Uniform Rules Committee not to be used\n\n> Despite anything to the contrary in this Part, a form approved under section 17 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) is not to be used for the purposes of proceedings in the Court that are specified in the Third Schedule to the Act or in proceedings to which Division 2 applies.","sortOrder":138},{"sectionNumber":"3A","sectionType":"section","heading":"Children (Criminal Proceedings) Act 1987","content":"#### 3A Children (Criminal Proceedings) Act 1987\n\n3A [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055)\n\n> > (1), (2) (Repealed)\n> \n> > (3) An application to the Court under section 45 (1) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) shall be made by motion in the proceedings in respect of the offence.","sortOrder":139},{"sectionNumber":"3B","sectionType":"section","heading":"Registrar may exercise certain powers and functions","content":"#### 3B Registrar may exercise certain powers and functions\n\n3B Registrar may exercise certain powers and functions\n\n> > (1) Any power or function in relation to civil proceedings—\n> > \n> > > (a) that is conferred on a registrar by a provision of these rules referred to in rule 2, or\n> > \n> > > (b) that is conferred on a registrar by a provision of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) referred to in rule 3, or\n> > \n> > > (c) that is required to be exercised by a registrar by an instrument under section 13 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028),\n> > \n> > may be exercised by the registrar in relation to proceedings specified in the Third Schedule to the Act and proceedings to which Division 2 applies.\n> \n> > (2) This rule does not apply to a power or function that is required to be exercised by a registrar by an instrument under section 13 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) if the instrument states, or necessarily implies, that the registrar may exercise the power or function in relation to civil proceedings only.\n> \n> > (3) In this rule, civil proceedings has the same meaning as it has in the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).","sortOrder":140},{"sectionNumber":"3C","sectionType":"section","heading":"Evidence taken outside the State","content":"#### 3C Evidence taken outside the State\n\n3C Evidence taken outside the State\n\n> Rule 1 shall not apply to proceedings under—\n> \n> > (a) Part 2 of the Foreign Evidence Act, or\n> \n> > (b) the [Evidence on Commission Act 1995](/view/html/inforce/current/act-1995-026),\n> \n> (to which proceedings Part 24 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) relates).","sortOrder":141},{"sectionNumber":"3D","sectionType":"section","heading":"Form of indictment","content":"#### 3D Form of indictment\n\n3D Form of indictment\n\n> > (1) An indictment may be in Form 74AE.\n> > \n> > cf Act No 40, 1900, s 567.\n> \n> > (2) No indictment shall be held bad or insufficient for failure to comply with the form prescribed by subrule (1) or with subrule (2A).\n> > \n> > cf Act No 40, 1900, s 360.\n> \n> > (2A) An indictment must specify the Law Part Code (if any) for each offence alleged to have been committed in the indictment.\n> \n> > (3) The rules, other than this rule and Form 74AE, shall not apply to an indictment in any other Court.\n> \n> > (4) In this rule—\n> > \n> > Law Part Code for an offence means the Law Part Code allocated to the offence in the Lawcodes Database maintained by the Judicial Commission of New South Wales.","sortOrder":142},{"sectionNumber":"3E","sectionType":"section","heading":null,"content":"#### 3E\n\n3E–3G (Repealed)","sortOrder":143},{"sectionNumber":"3H","sectionType":"section","heading":"Election under s132 of Criminal Procedure Act 1986","content":"#### 3H Election under s132 of Criminal Procedure Act 1986\n\n3H Election under s132 of [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)\n\n> > (1) An election under section 132 (1) or (5) of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) shall—\n> > \n> > > (a) be in the prescribed form,\n> > \n> > > (b) in the case of an election under section 16 (1)—be endorsed with the consent of the Director for Public Prosecutions given under section 16 (3), and\n> > \n> > > (c) be filed before the date fixed for the trial.\n> \n> > (2) Consent of the Director of Public Prosecutions may be endorsed under subrule (1) (b) by that Director or an officer authorised in writing by that Director to give such consents.","sortOrder":144},{"sectionNumber":"3HA","sectionType":"section","heading":"Criminal proceedings","content":"#### 3HA Criminal proceedings\n\n3HA Criminal proceedings\n\n(cf former Part 27, rule 1B)\n\n> > (1) If a person has been committed for trial or is to be dealt with before the Court, a proceeding between the prosecuting authority and the person is taken to be before the Court for the purposes of any application to the Court under section 6 or 20 of the [Evidence on Commission Act 1995](/view/html/inforce/current/act-1995-026) or under section 7 of the [Foreign Evidence Act 1994](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) Any such application is to be made—\n> > \n> > > (a) in a proceeding which is before the Court under subrule (1)—by summons, or\n> > \n> > > (b) in proceedings which are specified in the Third Schedule to the Act—by motion in the proceedings as if the proceedings had been commenced by summons, or\n> > \n> > > (c) in proceedings in the Court in its summary jurisdiction—by motion in the proceedings.\n> \n> > (3) If a person has been committed for trial or to be dealt with before the District Court, a proceeding between the prosecuting authority and the person is taken to be before the District Court for the purposes of any application to the Court under section 9 or 23 of the [Evidence on Commission Act 1995](/view/html/inforce/current/act-1995-026) or under section 10 of the [Foreign Evidence Act 1994](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":145},{"sectionNumber":"3I","sectionType":"section","heading":"Return of exhibits","content":"#### 3I Return of exhibits\n\n3I Return of exhibits\n\n> Where proceedings specified in the Third Schedule to the Act or assigned by rule 3HA or by Part 75 have been concluded and—\n> \n> > (a) 28 days have expired since the conclusion, and\n> \n> > (b) there is no undisposed of appeal, or application for leave to appeal, in respect of the proceedings,\n> \n> the registrar may, unless the Court otherwise orders, return any exhibits in the proceedings still in the custody of the registrar by forwarding them to the Director of Public Prosecutions.","sortOrder":146},{"sectionNumber":"3J","sectionType":"section","heading":"Expert witnesses","content":"#### 3J Expert witnesses\n\n3J Expert witnesses\n\n> > (1) This rule and rule 3K apply to all criminal proceedings in the Court (including those specified in the Third Schedule to the Act).\n> \n> > (2) For the purposes of this rule and rule 3K—\n> > \n> > expert witness means an expert engaged for the purpose of—\n> > \n> > > (a) providing a report as to his or her opinion for use as evidence in proceedings or proposed proceedings, or\n> > \n> > > (b) giving opinion evidence in proceedings or proposed proceedings.\n> > \n> > the code means the expert witness code of conduct in Schedule 7 to the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418).\n> \n> > (3) Unless the Court otherwise orders—\n> > \n> > > (a) at or as soon as practicable after the engagement of an expert as a witness, whether to give oral evidence or to provide a report for use as evidence, the person engaging the expert must provide the expert with a copy of the code, and\n> > \n> > > (b) unless an expert witness’s report contains an acknowledgment by the expert witness that he or she has read the code and agrees to be bound by it—\n> > > \n> > > > (i) service of the report by the party who engaged the expert witness is not valid service for the purposes of the rules or of any order or practice note, and\n> > > \n> > > > (ii) the report is not to be admitted into evidence, and\n> > \n> > > (c) oral evidence is not to be received from an expert witness unless—\n> > > \n> > > > (i) he or she has acknowledged in writing, whether in a report relating to the proposed evidence or otherwise in relation to the proceedings, that he or she has read the code and agrees to be bound by it, and\n> > > \n> > > > (ii) a copy of the acknowledgment has been served on all parties affected by the evidence.\n> \n> > (4) If an expert witness furnishes to the engaging party a supplementary report, including any report indicating that the expert witness has changed his or her opinion on a material matter expressed in an earlier report by the expert witness—\n> > \n> > > (a) the engaging party must forthwith serve the supplementary report on all parties on whom the engaging party has served the earlier report, and\n> > \n> > > (b) the earlier report must not be used in the proceedings by the engaging party, or by any party in the same interest as the engaging party on the question to which the earlier report relates, unless paragraph (a) is complied with.\n> \n> > (5) This rule does not apply to an expert engaged before this rule commences.","sortOrder":147},{"sectionNumber":"3K","sectionType":"section","heading":"Conference between experts","content":"#### 3K Conference between experts\n\n3K Conference between experts\n\n> > (1) The Court may do any or all of the following, with the consent of the parties—\n> > \n> > > (a) direct expert witnesses to confer (whether before or during a trial or other proceedings),\n> > \n> > > (b) specify the matters on which they are to confer,\n> > \n> > > (c) direct that they provide the Court with a joint report specifying matters agreed and matters not agreed and the reasons for any non agreement,\n> > \n> > > (d) direct that such conference be held with or without the attendance of the legal representatives of the parties affected, or with or without the attendance of legal representatives at the option of the parties respectively,\n> > \n> > > (e) give any additional directions as may be considered necessary.\n> \n> > (2) An expert who is the subject of an order made under subrule (1) may apply to the Court for further directions.\n> \n> > (3) The content of the conference between the expert witnesses is not to be referred to at the hearing or trial unless the parties affected agree.\n> \n> > (4) The parties may agree, at any time, to be bound by agreement on any specified matter. In that event, the joint report may be tendered at the trial as evidence of the matter agreed. Otherwise, the joint report may be used or tendered at the trial only in accordance with the rules of evidence and the practices of the Court.\n> \n> > (5) Where, pursuant to this rule, expert witnesses have conferred and have provided a joint report agreeing on any matter, a party affected may not, without leave of the Court, adduce expert evidence inconsistent with the matter agreed.","sortOrder":148},{"sectionNumber":"3L","sectionType":"section","heading":"Recording of evidence","content":"#### 3L Recording of evidence\n\n3L Recording of evidence\n\n> > (1) This rule applies to all criminal proceedings in the Court (including those specified in the Third Schedule to the Act).\n> \n> > (2) Evidence given by a witness may be recorded by video or by any other audio-visual method as directed by the Court.","sortOrder":149},{"sectionNumber":"3M","sectionType":"section","heading":"Entry of judgments and orders","content":"#### 3M Entry of judgments and orders\n\n3M Entry of judgments and orders\n\n> > (1) This rule applies in relation to proceedings specified in the Third Schedule to the Act and to proceedings to which Division 2 applies.\n> \n> > (2) Any judgment or order of the Court is to be entered as soon as practicable after it is given or made.\n> \n> > (3) Unless subrule (4) applies, a judgment or order of the Court is taken to be entered when it is recorded in the Court’s computerised court record system.\n> > \n> > Note—\n> > \n> > The Court’s computerised court record system is JusticeLink.\n> \n> > (4) If a technical problem would prevent the timely entry of a judgment or order in accordance with subrule (3), a judgment or order of the Court is taken to be entered when a record of the judgment or order set out on the indictment for the proceedings, or on or in the appropriate court file, is signed by a Judge giving or making the judgment or order, the Judge’s associate or the registrar.\n> \n> > (5) In this rule—\n> > \n> > > (a) a reference to a judgment or order of the Court extends to a reference to a sentence, direction or recommendation of the Court, and\n> > \n> > > (b) a reference to a technical problem is a reference to a technical problem with, or in accessing, the Court’s computerised court record system (for example, if remote electronic access is required to enter a judgment or order on the system and there is a technical problem with computer equipment or internet connection).","sortOrder":150},{"sectionNumber":"5A","sectionType":"section","heading":null,"content":"#### 5A\n\n5A (Repealed)","sortOrder":154},{"sectionNumber":"10A","sectionType":"section","heading":"Privilege","content":"#### 10A Privilege\n\n10A Privilege\n\n> > (1) Where the Court, by subpoena or otherwise, orders any person to produce any document or thing, and any person makes and substantiates sufficient lawful objection to production on grounds of privilege, the Court shall not compel production of that document or thing except production to the Court for the purpose of ruling on the objection.\n> \n> > (2) Where a question is put to a person in the course of examination, and any person makes and substantiates sufficient lawful objection on grounds of privilege to the question being answered, the Court shall not compel an answer to the question.\n> \n> > (3) Subrule (1) applies where an order is made for production to, and subrule (2) applies where a question is put to a person in the course of examination before, the Court or a Judge or any officer of the Court, or any examiner, referee, arbitrator or other person authorised to receive evidence, whether on a trial or hearing or on any other occasion.\n> \n> > (3A) Where a party to any proceedings claims privilege from production of any document, the Court may, if it thinks fit—\n> > \n> > > (a) permit evidence in relation to the claim to be given by any other party by affidavit or otherwise, and\n> > \n> > > (b) permit cross-examination on any affidavit used in support of the claim.\n> \n> > (4) This rule does not affect any rule of law which authorises or requires the withholding of any document or thing or the refusal to answer any question on the ground that the disclosure of the document or thing or the answering of the question would be injurious to the public interest.\n> \n> > (5) Subrules (1), (2) and (3) do not apply to an objection to produce any document or thing or to answer any question on the ground mentioned in subrule (4).","sortOrder":160},{"sectionNumber":"11B","sectionType":"section","heading":"Defendant to plead","content":"#### 11B Defendant to plead\n\n11B Defendant to plead\n\ncf Act No 27 of 1902, s 78.\n\n> > (1) Where the defendant appears at the hearing and has been provided with a written copy of the charges against him, the substance of the order under section 246 (1) of the subject Act shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him.\n> \n> > (2) If he thereupon admits the truth of the charges and shows no sufficient cause why he should not be convicted or why an order should not be made against him, the Judge shall convict him or make an order against him accordingly.\n> \n> > (3) If he does not admit the truth of the charges, the Judge shall proceed to hear the prosecutor and the witnesses whom he examines and such other evidence as he adduces in support of the charges and to hear the defendant and the witnesses whom he examines and such other evidence as he adduces in his defence.","sortOrder":163},{"sectionNumber":"Part 76","sectionType":"part","heading":null,"content":"# Part 76\n\nParts 76, 77\n\n(Repealed)","sortOrder":167},{"sectionNumber":"Part 78","sectionType":"part","heading":"Probate and administration","content":"# Part 78 Probate and administration\n\nPart 78 Probate and administration","sortOrder":168},{"sectionNumber":"pt.78-div.3-sdiv.1","sectionType":"division","heading":"General provisions in relation to non-contentious proceedings","content":"### pt.78-div.3-sdiv.1 General provisions in relation to non-contentious proceedings\n\nSubdivision 1 General provisions in relation to non-contentious proceedings","sortOrder":178},{"sectionNumber":"pt.78-div.3-sdiv.2","sectionType":"division","heading":"Evidence in support in non-contentious applications","content":"### pt.78-div.3-sdiv.2 Evidence in support in non-contentious applications\n\nSubdivision 2 Evidence in support in non-contentious applications","sortOrder":187},{"sectionNumber":"19","sectionType":"section","heading":"Application for grant of administration by some only of those entitled to administration","content":"#### 19 Application for grant of administration by some only of those entitled to administration\n\n19 Application for grant of administration by some only of those entitled to administration\n\n> > (1) If a grant of administration is applied for by some only of the persons within Australia who are entitled to administration, the application must, in relation to each such person not applying, be supported by—\n> > \n> > > (a) the written consent of that person to the grant of administration to the applicant, with an affidavit verifying the consent endorsed on the document containing the consent, or\n> > \n> > > (b) an affidavit as to service on that person of the applicant’s notice of intention to make such an application.\n> \n> > (2) Service of the notice referred to in subrule (1) (b) must have occurred at least 14 days before the proceedings commence.\n> \n> > (3) The affidavits and notice referred to in subrule (1) (b) may be served personally or by post.","sortOrder":193},{"sectionNumber":"20","sectionType":"section","heading":"Affidavit in support of application for administration generally","content":"#### 20 Affidavit in support of application for administration generally\n\n20 Affidavit in support of application for administration generally\n\n(cf former Part 78, rule 24A)\n\n> > (1) This rule applies to an application for the grant of administration made in respect of the estate of a person who died before 1 March 2010, other than—\n> > \n> > > (a) an application for the grant of administration with the will annexed, or\n> > \n> > > (b) an application for the grant of administration made by or on behalf of a de facto partner, or\n> > \n> > > (c) an application for the grant of administration under section 91 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080).\n> > \n> > Note—\n> > \n> > 1 March 2010 was the date on which the provisions of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) referred to in subrule (3) (a) were repealed by the [Succession Amendment (Intestacy) Act 2009](/view/html/repealed/current/act-2009-029).\n> \n> > (2) The affidavit in support of an application for the grant of administration made by or on behalf of any person (other than a de facto partner of the deceased) must show that the deceased did not leave a de facto partner for whom the estate, or any part of it, is required to be held under a statutory trust for de facto partners.\n> \n> > (3) In this rule, statutory trust for de facto partners means a trust for the benefit of a de facto partner—\n> > \n> > > (a) that arises under section 61B (3A) (a) or (3B) (a) or (b) (ii) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) (as in force before 1 March 2010), or\n> > \n> > > (b) that, by operation of section 32G (2) of that Act, arises under any other provision of that Act (as so in force).","sortOrder":194},{"sectionNumber":"21","sectionType":"section","heading":"Evidence in support of application for administration by de facto partner","content":"#### 21 Evidence in support of application for administration by de facto partner\n\n21 Evidence in support of application for administration by de facto partner\n\n(cf former Part 78, rule 25A)\n\n> > (1) This rule applies to an application for the grant of administration made by or on behalf of a de facto partner of the deceased in respect of the estate of a person who died before 1 March 2010, other than—\n> > \n> > > (a) an application for the grant of administration with the will annexed, or\n> > \n> > > (b) an application for the grant of administration under section 91 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080).\n> > \n> > Note—\n> > \n> > 1 March 2010 was the date on which the provisions of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) referred to in subrule (3) (a) were repealed by the [Succession Amendment (Intestacy) Act 2009](/view/html/repealed/current/act-2009-029).\n> \n> > (2) The affidavit in support of an application for the grant of administration made by or on behalf of a de facto partner must show that the estate, or some part of it, is required to be held under a statutory trust for de facto partners.\n> \n> > (3) The application must be supported by the written consent of each person who would be entitled to distribution of the estate if the deceased had not left a de facto spouse, or an affidavit of service on such a person of the applicant’s intention to make such an application.\n> \n> > (4) The provision of consents and service of notices is to be in accordance with rule 19.\n> \n> > (5) In this rule, statutory trust for de facto partners means a trust for the benefit of a de facto partner—\n> > \n> > > (a) that arises under section 61B (3A) (a) or (3B) (a) or (b) (ii) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) (as in force before 1 March 2010), or\n> > \n> > > (b) that, by operation of section 32G (2) of that Act, arises under any other provision of that Act (as so in force).","sortOrder":195},{"sectionNumber":"22","sectionType":"section","heading":"Affidavit in support of application for administration—domestic partnerships","content":"#### 22 Affidavit in support of application for administration—domestic partnerships\n\n22 Affidavit in support of application for administration—domestic partnerships\n\n> > (1) This rule applies to an application for a grant of administration made in respect of a person who died after 1 March 2010, other than—\n> > \n> > > (a) an application for a grant of administration with the will annexed, or\n> > \n> > > (b) an application for a grant of administration under section 91 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080).\n> \n> > (2) If the application is not made by a person claiming to have been a party to a domestic partnership with the deceased the affidavit in support of the application must show that the deceased did not leave a domestic partner who would be entitled to the estate or any part of it.\n> \n> > (3) If the application is made by a person claiming to have been in a domestic partnership with the deceased—\n> > \n> > > (a) the affidavit in support of the application must show that the applicant is entitled to the estate or some part of it, and\n> > \n> > > (b) the application must be supported by the written consent of each person who would be entitled to distribution of the estate if the deceased person had not left a partner to a domestic partnership, or an affidavit of service on such persons of notice of the applicant’s intention to make such an application.\n> \n> > (4) The provision of consents and service of notices is to be in accordance with rule 19.\n> \n> > (5) In this rule, domestic partnership has the same meaning as it has in section 105 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080).","sortOrder":196},{"sectionNumber":"23","sectionType":"section","heading":"Administration bonds","content":"#### 23 Administration bonds\n\n23 Administration bonds\n\n> > (1) Before granting administration, the Court may require an administration bond to be filed.\n> \n> > (2) Unless the Court otherwise orders, an administration bond must have 2 sureties conditioned for duly collecting and getting in the deceased’s assets and administering the deceased’s estate.","sortOrder":197},{"sectionNumber":"24","sectionType":"section","heading":"Evidence in support of application for administration for the purposes only of Chapter 3 of the Succession Act 2006","content":"#### 24 Evidence in support of application for administration for the purposes only of Chapter 3 of the Succession Act 2006\n\n24 Evidence in support of application for administration for the purposes only of Chapter 3 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080)\n\n(cf former Part 78, rule 26A)\n\n> If the plaintiff under an application referred to in section 91 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080) is aware of a proposal by any other person to make such an application, the affidavit in support must include a statement to the effect that notice of the plaintiff’s intended application was served on the other person at least 14 days before the application was made.","sortOrder":198},{"sectionNumber":"pt.78-div.3-sdiv.3","sectionType":"division","heading":"Proof of wills in non-contentious proceedings","content":"### pt.78-div.3-sdiv.3 Proof of wills in non-contentious proceedings\n\nSubdivision 3 Proof of wills in non-contentious proceedings","sortOrder":199},{"sectionNumber":"25","sectionType":"section","heading":"Application of Division","content":"#### 25 Application of Division\n\n25 Application of Division\n\n> This Subdivision applies to proceedings in which the plaintiff seeks to prove a will.","sortOrder":200},{"sectionNumber":"26","sectionType":"section","heading":"Will not sufficiently attested","content":"#### 26 Will not sufficiently attested\n\n26 Will not sufficiently attested\n\n(cf former Part 78, rule 15)\n\n> > (1) If the will contains either no attestation clause or an insufficient attestation clause, the plaintiff must file an affidavit by one or more of the attesting witnesses to the due execution of the will.\n> \n> > (2) A plaintiff who is unable to comply with subrule (1) must file—\n> > \n> > > (a) an affidavit as to the reason for the inability, and\n> > \n> > > (b) a further affidavit by some other person who was present when the will was executed.\n> \n> > (3) A plaintiff who is unable to comply with subrule (1) or (2) must file an affidavit as to—\n> > \n> > > (a) the reason for the inability, and\n> > \n> > > (b) either—\n> > > \n> > > > (i) the signatures of the testator and the attesting witnesses, or\n> > > \n> > > > (ii) other facts from which it may be inferred that the will was duly executed.","sortOrder":201},{"sectionNumber":"27","sectionType":"section","heading":"Blind or illiterate testator’s will or will at another’s direction","content":"#### 27 Blind or illiterate testator’s will or will at another’s direction\n\n27 Blind or illiterate testator’s will or will at another’s direction\n\n(cf former Part 78, rule 16)\n\n> If the will was or appears to have been signed by—\n> \n> > (a) a blind or illiterate testator, or\n> \n> > (b) some other person at the testator’s direction,\n> \n> the affidavit in support must include all available evidence as to the manner in which the will was executed and as to whether the testator knew and approved its contents.","sortOrder":202},{"sectionNumber":"28","sectionType":"section","heading":"Date of execution","content":"#### 28 Date of execution\n\n28 Date of execution\n\n(cf former Part 78, rule 18)\n\n> If the will is undated, the affidavit in support must include evidence establishing the date of its execution.","sortOrder":203},{"sectionNumber":"29","sectionType":"section","heading":"Interlineations, obliterations and alterations","content":"#### 29 Interlineations, obliterations and alterations\n\n29 Interlineations, obliterations and alterations\n\n(cf former Part 78, rule 19)\n\n> If—\n> \n> > (a) there is any interlineation, obliteration or alteration in the will, and\n> \n> > (b) the interlineation, obliteration or alteration is not duly authenticated or otherwise validated,\n> \n> the affidavit in support must include evidence establishing that the interlineation, obliteration or alteration was made before the will was executed.","sortOrder":204},{"sectionNumber":"30","sectionType":"section","heading":"Documents referred to or attached","content":"#### 30 Documents referred to or attached\n\n30 Documents referred to or attached\n\n(cf former Part 78, rule 20)\n\n> If—\n> \n> > (a) the will contains a reference to a document that suggests that the document forms part of the will, or\n> \n> > (b) there are marks on the will from which it appears that a document has been attached to it,\n> \n> the affidavit in support must include all available evidence in regard to those circumstances.","sortOrder":205},{"sectionNumber":"31","sectionType":"section","heading":"Part of will paper torn off or cut off","content":"#### 31 Part of will paper torn off or cut off\n\n31 Part of will paper torn off or cut off\n\n(cf former Part 78, rule 21)\n\n> If it appears that any part of the material on which the will was written has been torn or cut off, the affidavit in support must include all available evidence (including the torn or cut-off part) in regard to those circumstances.","sortOrder":206},{"sectionNumber":"32","sectionType":"section","heading":"Burning, tearing or other sign of revocation","content":"#### 32 Burning, tearing or other sign of revocation\n\n32 Burning, tearing or other sign of revocation\n\n(cf former Part 78, rule 22)\n\n> If—\n> \n> > (a) it appears that there may have been an attempt to destroy the will by burning, tearing or otherwise, or\n> \n> > (b) there are other circumstances that suggest that the testator may have revoked the will,\n> \n> the affidavit in support must include all available evidence in regard to those circumstances.","sortOrder":207},{"sectionNumber":"33","sectionType":"section","heading":"Inoperative will","content":"#### 33 Inoperative will\n\n33 Inoperative will\n\n(cf former Part 78, rule 23)\n\n> If it appears that the will is or may be wholly or partly inoperative, whether by reason of the executors and beneficiaries all predeceasing the testator or otherwise, the affidavit in support must include evidence as to what persons would be entitled to distribution of the estate on intestacy.","sortOrder":208},{"sectionNumber":"34","sectionType":"section","heading":"Application of Division","content":"#### 34 Application of Division\n\n34 Application of Division\n\n(cf former Part 78, rule 35)\n\n> This Division applies to contentious proceedings.","sortOrder":210},{"sectionNumber":"35","sectionType":"section","heading":"Commencement of contentious proceedings","content":"#### 35 Commencement of contentious proceedings\n\n35 Commencement of contentious proceedings\n\n(cf former Part 78, rule 36)\n\n> Subject to rule 72, contentious proceedings must be commenced—\n> \n> > (a) by statement of claim, if there is a defendant, or\n> \n> > (b) by summons, if there is no defendant.","sortOrder":211},{"sectionNumber":"36","sectionType":"section","heading":"Admissions","content":"#### 36 Admissions\n\n36 Admissions\n\n(cf former Part 78, rule 37)\n\n> Rule 17.7 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) does not apply to contentious proceedings.","sortOrder":212},{"sectionNumber":"37","sectionType":"section","heading":"Disputes as to standing","content":"#### 37 Disputes as to standing\n\n37 Disputes as to standing\n\n(cf former Part 78, rule 37A)\n\n> > (1) If a defendant opposes the grant of probate or administration and the plaintiff intends to dispute the defendant’s standing to do so, the plaintiff’s pleadings must allege the absence of standing.\n> \n> > (2) If one party (the first party) has applied for the grant of administration and another party (the second party) alleges that the first party is not entitled to do so, the second party’s pleadings must allege facts that, if proved, would show that the second party is entitled to apply for such a grant.","sortOrder":213},{"sectionNumber":"Division 5","sectionType":"division","heading":"Proceedings affecting other persons’ interests","content":"## Division 5 Proceedings affecting other persons’ interests\n\nDivision 5 Proceedings affecting other persons’ interests","sortOrder":214},{"sectionNumber":"38","sectionType":"section","heading":"Plaintiff sole executor","content":"#### 38 Plaintiff sole executor\n\n38 Plaintiff sole executor\n\n(cf former Part 78, rule 34B)\n\n> > (1) This rule applies to an application for an order under—\n> > \n> > > (a) section 10 (3) (c) of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or\n> > \n> > > (b) section 13 (2) (c) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of that paragraph.\n> > \n> > Note—\n> > \n> > The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.\n> \n> > (2) The originating process for such an application need not join any person as a defendant—\n> > \n> > > (a) if the plaintiff is the sole executor or administrator, or\n> > \n> > > (b) if there is otherwise sufficient reason for not doing so.\n> \n> > (3) Despite subrule (2), the Court may, at any stage of the proceedings, direct that—\n> > \n> > > (a) any person be added as a party or substituted for another party or a former party, or\n> > \n> > > (b) notice of the proceedings be served on any person in addition to, or instead of, the defendant.\n> \n> > (4) Rule 7.6 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies to proceedings for an order referred to in subrule (1) in the same way as it applies to proceedings referred to in rule 7.6 (1) of those Rules.","sortOrder":215},{"sectionNumber":"39","sectionType":"section","heading":"Notice of proceedings to be served on certain persons","content":"#### 39 Notice of proceedings to be served on certain persons\n\n39 Notice of proceedings to be served on certain persons\n\n(cf former Part 78, rule 34C)\n\n> > (1) This rule applies to any proceedings on an application for the grant of probate or administration in which an application is made for an order under—\n> > \n> > > (a) section 10 (3) (c) or 27 (1) of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or\n> > \n> > > (b) section 13 (2) (c), 15A (2) (a) or 29A (1) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of those provisions.\n> > \n> > Note—\n> > \n> > The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.\n> \n> > (2) The applicant for the grant of probate or administration—\n> > \n> > > (a) must file an affidavit showing the persons whose interests would be adversely affected if the order were made, and\n> > \n> > > (b) must serve a notice of proceedings on each such person within 28 days after the application for the order is made.\n> > \n> > Note—\n> > \n> > Division 9 (particularly Subdivisions 3, 4 and 5) apply to a notice of proceedings referred to in paragraph (b).\n> \n> > (3) Subrule (2) (b) does not require a notice of proceedings to be served on a person who has consented to the making of the order.\n> \n> > (4) Any document that the applicant intends to rely on as evidence of such consent must be filed.","sortOrder":216},{"sectionNumber":"40","sectionType":"section","heading":"Affidavit verifying consent","content":"#### 40 Affidavit verifying consent\n\n40 Affidavit verifying consent\n\n(cf former Part 78, rule 34A)\n\n> Any document that the applicant intends to rely on as evidence of consent referred to in—\n> \n> > (a) section 10 (3) (b) of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or\n> \n> > (b) section 13 (2) (b) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of that paragraph,\n> \n> must be filed.\n> \n> Note—\n> \n> The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.","sortOrder":217},{"sectionNumber":"Division 6","sectionType":"division","heading":"Proceedings concerning informal testamentary documents","content":"## Division 6 Proceedings concerning informal testamentary documents\n\nDivision 6 Proceedings concerning informal testamentary documents","sortOrder":218},{"sectionNumber":"41","sectionType":"section","heading":"Application of Division","content":"#### 41 Application of Division\n\n41 Application of Division\n\n> This Division applies to proceedings on an application for the grant of probate or administration in relation to a will that comprises or includes an informal testamentary document.","sortOrder":219},{"sectionNumber":"42","sectionType":"section","heading":"Consent of or notice to person affected","content":"#### 42 Consent of or notice to person affected\n\n42 Consent of or notice to person affected\n\n(cf former Part 78, rules 34E and 34G)\n\n> > (1) The plaintiff must serve notice of the application (a prescribed notice) on each person whose interests may be affected by the Court’s decision as to the deceased’s intentions in relation to the informal testamentary document.\n> \n> > (2) Subrule (1) does not require a prescribed notice to be served—\n> > \n> > > (a) on the caveator under any caveat in force in respect of the informal testamentary document, or\n> > \n> > > (b) on any person who has consented to the grant of probate or administration to the plaintiff.\n> \n> > (3) Any consent referred to in subrule (2) (b) must be filed by the plaintiff.\n> \n> > (4) If the person whose interests are affected is a person under legal incapacity—\n> > \n> > > (a) subrule (2) (b) does not apply, and\n> > \n> > > (b) if the person has no tutor, service of a prescribed notice does not take effect until a tutor is appointed.\n> \n> > (5) The Court may dispense with compliance with subrule (1) on any of the following grounds—\n> > \n> > > (a) that the person affected cannot readily be ascertained,\n> > \n> > > (b) that the person affected, though ascertained, cannot readily be found,\n> > \n> > > (c) that it would be expedient to do so (having regard to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) so as to save expense.\n> \n> Note—\n> \n> Pursuant to rule 72, unless the Court otherwise directs, a caveator under any caveat in force in respect of an informal testamentary document is to be a party to proceedings for the grant of probate or administration that comprises or includes the informal testamentary document.","sortOrder":220},{"sectionNumber":"43","sectionType":"section","heading":"Appearance by person affected by informal testamentary document","content":"#### 43 Appearance by person affected by informal testamentary document\n\n43 Appearance by person affected by informal testamentary document\n\n(cf former Part 78, rule 34H)\n\n> > (1) A person on whom a prescribed notice has been served in relation to any proceedings may enter an appearance in the proceedings.\n> \n> > (2) Division 3 of Part 6 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies to appearance by the person as if the person were a defendant in the proceedings.\n> \n> > (3) Rule 12.11 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) does not apply to the proceedings.\n> \n> > (4) The time limited for the person to enter an appearance is—\n> > \n> > > (a) in the case of service within New South Wales, 14 days,\n> > \n> > > (b) in the case of service outside New South Wales, 28 days.\n> \n> > (5) An appearance may not be entered after the expiration of the time so limited except by the leave of the Court.","sortOrder":221},{"sectionNumber":"44","sectionType":"section","heading":"Person affected by informal testamentary document becomes party on entering appearance","content":"#### 44 Person affected by informal testamentary document becomes party on entering appearance\n\n44 Person affected by informal testamentary document becomes party on entering appearance\n\n(cf former Part 78, rule 34I)\n\n> > (1) This rule applies to a person on whom a prescribed notice has been served in relation to any proceedings if the person enters an appearance within the time limited for entering an appearance.\n> \n> > (2) On entering an appearance, the person becomes a defendant in the proceedings.\n> \n> > (3) The proceedings are to continue as if—\n> > \n> > > (a) the person had been joined as a defendant by the application for the grant of probate or administration, and\n> > \n> > > (b) the person had been served with that application on the day on which he or she was served with the prescribed notice.\n> \n> > (4) The person may only take part in—\n> > \n> > > (a) such parts of the proceedings as relate to the decision under—\n> > > \n> > > > (i) section 8 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or\n> > > \n> > > > (ii) section 18A of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of that section,\n> > > \n> > > in relation to the informal testamentary document, and\n> > > \n> > > Note—\n> > > \n> > > The provisions referred to in subparagraph (ii) were repealed, and replaced by the provisions referred to in subparagraph (i), on 1 March 2008.\n> > \n> > > (b) such other parts of the proceedings as the Court directs.\n> \n> > (5) The person ceases to be a defendant on the conclusion of those parts of the proceedings referred to in subrule (4).","sortOrder":222},{"sectionNumber":"45","sectionType":"section","heading":"Persons who are bound by Court’s decision on informal testamentary document","content":"#### 45 Persons who are bound by Court’s decision on informal testamentary document\n\n45 Persons who are bound by Court’s decision on informal testamentary document\n\n(cf former Part 78, rule 34F)\n\n> > (1) This rule applies if a decision is made under—\n> > \n> > > (a) section 8 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or\n> > \n> > > (b) section 18A of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of that section,\n> > \n> > in relation to an informal testamentary document.\n> > \n> > Note—\n> > \n> > The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.\n> \n> > (2) Subject to any order made by the Court, each of the following persons is bound by the decision made in relation to the informal testamentary document to the same extent as if he or she had been a party to the proceedings concerned when the decision was made—\n> > \n> > > (a) any person whose consent to the grant of probate or administration has been filed in relation to the document,\n> > \n> > > (b) any person whose interests may be affected by the Court’s decision as to the deceased’s intentions in relation to the document, but only if—\n> > > \n> > > > (i) a prescribed notice has been served on the person, or\n> > > \n> > > > (ii) the Court has, pursuant to rule 42 (5), dispensed with the requirement for service.\n> > \n> > Note—\n> > \n> > Pursuant to rule 60, subject to any contrary order, a person on whom a notice of proceedings has been served under rule 57 is also bound by the decision, as he or she is bound by all other orders and decisions made in the proceedings to which the decision relates, including orders and decisions made by consent or otherwise without a contested hearing.","sortOrder":223},{"sectionNumber":"Division 7","sectionType":"division","heading":"Proceedings for revocation of grant of probate or administration","content":"## Division 7 Proceedings for revocation of grant of probate or administration\n\nDivision 7 Proceedings for revocation of grant of probate or administration","sortOrder":224},{"sectionNumber":"46","sectionType":"section","heading":"Application","content":"#### 46 Application\n\n46 Application\n\n> This Division applies to proceedings for the revocation of a grant of probate or administration.","sortOrder":225},{"sectionNumber":"47","sectionType":"section","heading":"Commencement of proceedings with no defendant","content":"#### 47 Commencement of proceedings with no defendant\n\n47 Commencement of proceedings with no defendant\n\n(cf former Part 78, rules 40 and 41)\n\n> If there is no defendant, the proceedings must be commenced by summons, and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.","sortOrder":226},{"sectionNumber":"48","sectionType":"section","heading":"Commencement of proceedings with defendant","content":"#### 48 Commencement of proceedings with defendant\n\n48 Commencement of proceedings with defendant\n\n(cf former Part 78, rule 43)\n\n> > (1) If there is a defendant, proceedings for the revocation of a grant of probate or administration must be commenced by statement of claim.\n> \n> > (2) The statement of claim must allege facts that, if proved, would show that the plaintiff has standing to commence the proceedings.","sortOrder":227},{"sectionNumber":"49","sectionType":"section","heading":"Deposit of grant of probate or administration","content":"#### 49 Deposit of grant of probate or administration\n\n49 Deposit of grant of probate or administration\n\n(cf former Part 78, rules 38 and 39)\n\n> The Court may order an executor or administrator to deposit a grant of probate or administration in the registry—\n> \n> > (a) on the application of a person who intends to commence proceedings for the revocation of the grant, or\n> \n> > (b) if proceedings for the revocation of the grant have already commenced, on the application of the plaintiff or of its own motion.","sortOrder":228},{"sectionNumber":"Division 8","sectionType":"division","heading":"Proceedings for administration during minority","content":"## Division 8 Proceedings for administration during minority\n\nDivision 8 Proceedings for administration during minority","sortOrder":229},{"sectionNumber":"50","sectionType":"section","heading":"Administration during minority","content":"#### 50 Administration during minority\n\n50 Administration during minority\n\n(cf former Part 78, rule 29)\n\n> > (1) The Court may grant administration during minority, for the use and benefit of a minor, to any of the following—\n> > \n> > > (a) the minor’s legal or testamentary guardian,\n> > \n> > > (b) a guardian assigned in accordance with rule 51,\n> > \n> > > (c) a guardian elected in accordance with rule 52.\n> \n> > (2) A grant of administration during minority is subject to such limitations and conditions as the Court thinks fit.","sortOrder":230},{"sectionNumber":"51","sectionType":"section","heading":"Assigned guardian","content":"#### 51 Assigned guardian\n\n51 Assigned guardian\n\n(cf former Part 78, rule 31)\n\n> > (1) Any person may apply for an order assigning the person as a minor’s guardian for the purpose of applying for the grant of administration.\n> \n> > (2) The application may be made—\n> > \n> > > (a) except as provided by paragraph (b), by summons, or\n> > \n> > > (b) if proceedings on an application for the grant of administration have already been commenced, by notice of motion in the proceedings,\n> > \n> > and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.\n> \n> > (3) There is to be no defendant in proceedings on a summons referred to in subrule (2) (a).\n> \n> > (4) The application must be supported by evidence of—\n> > \n> > > (a) the proposed guardian’s relationship, if any, to the minor, and\n> > \n> > > (b) the proposed guardian’s fitness and appropriateness to act as the minor’s guardian.","sortOrder":231},{"sectionNumber":"52","sectionType":"section","heading":"Elected guardians","content":"#### 52 Elected guardians\n\n52 Elected guardians\n\n(cf former Part 78, rule 30)\n\n> > (1) A minor who is aged 16 years or more may elect a guardian for the purpose of applying for the grant of administration.\n> \n> > (2) The elected guardian may also act for any other minor in the same family who is aged less than 16 years.\n> \n> > (3) Despite the election of a guardian, the Court may grant administration to any person referred to in rule 50 (1) (a) or (b) whom it considers more appropriate or better fitted to act as the minor’s guardian.\n> \n> > (4) An application for the grant of administration by a minor’s elected guardian must be supported by evidence of—\n> > \n> > > (a) the minor’s election, and\n> > \n> > > (b) the elected guardian’s fitness and appropriateness to act as the minor’s guardian.","sortOrder":232},{"sectionNumber":"Division 9","sectionType":"division","heading":"Notices","content":"## Division 9 Notices\n\nDivision 9 Notices","sortOrder":233},{"sectionNumber":"pt.78-div.9-sdiv.1","sectionType":"division","heading":"Notice to apply for administration","content":"### pt.78-div.9-sdiv.1 Notice to apply for administration\n\nSubdivision 1 Notice to apply for administration","sortOrder":234},{"sectionNumber":"53","sectionType":"section","heading":"Notice to apply for administration","content":"#### 53 Notice to apply for administration\n\n53 Notice to apply for administration\n\n(cf former Part 78, rule 51)\n\n> > (1) For the purposes of section 63 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), any person may require a person referred to in paragraph (a), (b) or (c) of that section to apply for administration of an intestate person’s estate, as referred to in that section.\n> \n> > (2) Such a requirement must be made by filing and serving on the person concerned a notice to apply for administration.\n> > \n> > Note—\n> > \n> > This notice, a “notice to apply for administration”, was formerly referred to as a “citation to pray for administration”.","sortOrder":235},{"sectionNumber":"54","sectionType":"section","heading":"Time for answer to notice","content":"#### 54 Time for answer to notice\n\n54 Time for answer to notice\n\n(cf former Part 78, rule 54)\n\n> The time limited for answer to a notice to apply for administration is—\n> \n> > (a) in the case of service within New South Wales, 14 days,\n> \n> > (b) in the case of service outside New South Wales, 28 days.","sortOrder":236},{"sectionNumber":"pt.78-div.9-sdiv.2","sectionType":"division","heading":"Notice to apply for probate","content":"### pt.78-div.9-sdiv.2 Notice to apply for probate\n\nSubdivision 2 Notice to apply for probate","sortOrder":237},{"sectionNumber":"55","sectionType":"section","heading":"Notice to apply for probate","content":"#### 55 Notice to apply for probate\n\n55 Notice to apply for probate\n\n(cf former Part 78, rule 52)\n\n> > (1) For the purposes of section 69 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), any person may require a named executor to take probate, as referred to in that section.\n> \n> > (2) Such a requirement must be made by filing and serving on the person concerned a notice to apply for probate.\n> > \n> > Note—\n> > \n> > This notice, a “notice to apply for probate”, was formerly referred to as a “citation to take probate”.","sortOrder":238},{"sectionNumber":"56","sectionType":"section","heading":"Time for answer to notice","content":"#### 56 Time for answer to notice\n\n56 Time for answer to notice\n\n(cf former Part 78, rule 54)\n\n> The time limited for answer to a notice to apply for probate is—\n> \n> > (a) in the case of service within New South Wales, 14 days,\n> \n> > (b) in the case of service outside New South Wales, 28 days.","sortOrder":239},{"sectionNumber":"pt.78-div.9-sdiv.3","sectionType":"division","heading":"Notice of proceedings","content":"### pt.78-div.9-sdiv.3 Notice of proceedings\n\nSubdivision 3 Notice of proceedings","sortOrder":240},{"sectionNumber":"57","sectionType":"section","heading":"Notice of proceedings","content":"#### 57 Notice of proceedings\n\n57 Notice of proceedings\n\n(cf former Part 78, rules 53 and 56)\n\n> > (1) Subject to subrule (2), any party to proceedings for the grant of probate or administration may file and serve on any person having an interest adverse to the party a notice of proceedings.\n> > \n> > Note—\n> > \n> > This notice, a “notice of proceedings”, was formerly referred to as a “citation to see proceedings”.\n> \n> > (2) Such a notice must be filed and served on each person on whom such a notice is required to be served pursuant to any other provision of this Part or any direction of the Court.\n> \n> > (3) The notice must state that, if the person to whom it is addressed does not enter an appearance in the proceedings, the proceedings may be heard and determined in the person’s absence.\n> \n> > (4) Division 3 of Part 6 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) (rule 6.10 excepted) applies to appearance by a person on whom a notice of proceedings has been served in the same way as if the person were a defendant in the proceedings.\n> \n> > (5) If the person on whom the notice is served enters an appearance in the proceedings, he or she is entitled to the same notice of the hearing or trial of the proceedings as a defendant.","sortOrder":241},{"sectionNumber":"58","sectionType":"section","heading":"Election to be a defendant","content":"#### 58 Election to be a defendant\n\n58 Election to be a defendant\n\n(cf former Part 78, rule 57)\n\n> > (1) A person on whom a notice of proceedings has been served may include in his or her notice of appearance a statement that he or she elects to be a defendant in the proceedings.\n> \n> > (2) If the person makes such an election—\n> > \n> > > (a) he or she becomes a defendant in the proceedings, and\n> > \n> > > (b) the proceedings are to continue as if the person—\n> > > \n> > > > (i) had been joined as a defendant by the application for the grant of probate or administration, and\n> > > \n> > > > (ii) had been served with the application for the grant of probate or administration on the day on which he or she was served with the notice of proceedings.","sortOrder":242},{"sectionNumber":"59","sectionType":"section","heading":"Proof of service of notice of proceedings","content":"#### 59 Proof of service of notice of proceedings\n\n59 Proof of service of notice of proceedings\n\n(cf former Part 78, rule 60)\n\n> A party who has issued a notice of proceedings (the issuing party) is not entitled to be heard, except by leave of the Court, unless—\n> \n> > (a) the person to whom the notice is addressed (the addressee) has entered an appearance in the proceedings, or\n> \n> > (b) the issuing party has filed—\n> > \n> > > (i) an affidavit of service of the notice on the addressee, or\n> > \n> > > (ii) an affidavit stating that the notice has not been served on the addressee and explaining why it has not been served.","sortOrder":243},{"sectionNumber":"60","sectionType":"section","heading":"Persons served bound by certain orders and decisions","content":"#### 60 Persons served bound by certain orders and decisions\n\n60 Persons served bound by certain orders and decisions\n\n> Subject to any order of the Court, any person on whom a notice of proceedings has been served is bound by all orders and decisions made in the proceedings concerned, including orders and decisions made by consent or otherwise without a contested hearing, and is so bound whether or not the person has elected to be a defendant in the proceedings or has entered an appearance in the proceedings.\n> \n> Note—\n> \n> This is a substantive change to the former law. See note to rule 45.","sortOrder":244},{"sectionNumber":"pt.78-div.9-sdiv.4","sectionType":"division","heading":"Notices served on persons under legal incapacity","content":"### pt.78-div.9-sdiv.4 Notices served on persons under legal incapacity\n\nSubdivision 4 Notices served on persons under legal incapacity","sortOrder":245},{"sectionNumber":"61","sectionType":"section","heading":"Service on persons under legal incapacity","content":"#### 61 Service on persons under legal incapacity\n\n61 Service on persons under legal incapacity\n\n(cf former Part 78, rule 58)\n\n> > (1) Service on a person under legal incapacity of a notice under this Division is to be effected in accordance with this rule.\n> \n> > (2) The notice may be served—\n> > \n> > > (a) if the person has a tutor, on the tutor, or\n> > \n> > > (b) if the person has no tutor, on someone with whom the person resides or in whose care the person is.\n> \n> > (3) If the person to be served is a minor, the notice may also be served—\n> > \n> > > (a) on the minor, but only if he or she is aged 16 years or more and is under legal incapacity by reason only of minority, or\n> > \n> > > (b) on a parent of the minor, or\n> > \n> > > (c) on a guardian of the minor’s person or estate.\n> \n> > (4) The notice may also be served on any person (including the person under legal incapacity) whom the Court may, before or after the service, approve.\n> \n> > (5) Service of the notice on a person under legal incapacity who has no tutor does not take effect until a tutor is appointed.","sortOrder":246},{"sectionNumber":"62","sectionType":"section","heading":"Notice to be answered by tutor","content":"#### 62 Notice to be answered by tutor\n\n62 Notice to be answered by tutor\n\n(cf former Part 78, rule 58)\n\n> > (1) A person under legal incapacity may not answer a notice under this Division otherwise than by his or her tutor.\n> \n> > (2) If a person under legal incapacity has a tutor who has or may be given authority, under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049), to answer the notice on that person’s behalf, then, unless the Court otherwise orders, no person other than the tutor may answer the notice.\n> \n> > (3) If a notice of proceedings is served on a person under legal incapacity and that person’s tutor is appointed to answer the notice, the appointment extends to the tutor electing on that person’s behalf to become a defendant in the proceedings.\n> \n> > (4) If a person under legal incapacity elects by tutor to become a defendant in the proceedings, Division 4 of Part 7 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies as if the tutor had been appointed as provided by that Division.","sortOrder":247},{"sectionNumber":"63","sectionType":"section","heading":"Appointment of tutor","content":"#### 63 Appointment of tutor\n\n63 Appointment of tutor\n\n(cf former Part 78, rule 59)\n\n> > (1) Any person may apply for an order appointing the person as tutor for a person under legal incapacity.\n> \n> > (2) The application may be made—\n> > \n> > > (a) except as provided by paragraph (b), by summons, or\n> > \n> > > (b) if proceedings on an application for the grant of probate or administration have already been commenced, by notice of motion in the proceedings,\n> > \n> > and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.\n> \n> > (3) There is to be no defendant in proceedings on a summons referred to in subrule (2) (a).\n> \n> > (4) A tutor must not be appointed unless—\n> > \n> > > (a) he or she is the person applying for appointment, or\n> > \n> > > (b) evidence of his or her consent to act as tutor has been filed.\n> \n> > (5) Subject to rule 62 (4), Division 4 of Part 7 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) does not apply to the appointment of a tutor under this rule.","sortOrder":248},{"sectionNumber":"pt.78-div.9-sdiv.5","sectionType":"division","heading":"General","content":"### pt.78-div.9-sdiv.5 General\n\nSubdivision 5 General","sortOrder":249},{"sectionNumber":"64","sectionType":"section","heading":"Service generally","content":"#### 64 Service generally\n\n64 Service generally\n\n(cf former Part 78, rule 55)\n\n> > (1) A notice under this Division must be served personally.\n> \n> > (2) Part 11 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) does not apply to service of such a notice.\n> \n> Note—\n> \n> See also rule 61 in relation to service on persons under legal incapacity.","sortOrder":250},{"sectionNumber":"65","sectionType":"section","heading":"Assignment of case number","content":"#### 65 Assignment of case number\n\n65 Assignment of case number\n\n> > (1) A case number or unique identifier is to be assigned to a notice under this Division when it is accepted for filing.\n> \n> > (2) In the case of a notice for an estate in respect of which—\n> > \n> > > (a) proceedings for the grant of probate or administration have been commenced, or\n> > \n> > > (b) some other notice has been filed under this Division, or\n> > \n> > > (c) a caveat has been filed under Division 10,\n> > \n> > the case number or other unique identifier is to be the same as that previously assigned to the proceedings, notice or caveat.","sortOrder":251},{"sectionNumber":"Division 10","sectionType":"division","heading":"Caveats","content":"## Division 10 Caveats\n\nDivision 10 Caveats","sortOrder":252},{"sectionNumber":"pt.78-div.10-sdiv.1","sectionType":"division","heading":"Caveat against grant of probate or administration","content":"### pt.78-div.10-sdiv.1 Caveat against grant of probate or administration\n\nSubdivision 1 Caveat against grant of probate or administration","sortOrder":253},{"sectionNumber":"66","sectionType":"section","heading":"Caveat against grant of probate or administration","content":"#### 66 Caveat against grant of probate or administration\n\n66 Caveat against grant of probate or administration\n\n(cf former Part 78, rule 61)\n\n> > (1) A person who claims an interest in an estate may file a caveat in respect of any grant of probate or administration, or resealing of a foreign grant, being made in respect of the estate.\n> \n> > (2) The caveat must state fully the nature of the interest claimed by the caveator and an address for service.\n> \n> > (3) If the caveator is aware that any other person is making, or is intending to make, an application for the grant of probate or administration, or the resealing of a foreign grant, in respect of the same estate, the caveator must, within 7 days after filing the caveat, serve a copy of the caveat on that other person.","sortOrder":254},{"sectionNumber":"pt.78-div.10-sdiv.2","sectionType":"division","heading":"Caveat concerning an informal testamentary instrument","content":"### pt.78-div.10-sdiv.2 Caveat concerning an informal testamentary instrument\n\nSubdivision 2 Caveat concerning an informal testamentary instrument","sortOrder":255},{"sectionNumber":"67","sectionType":"section","heading":"Caveat concerning an informal testamentary instrument","content":"#### 67 Caveat concerning an informal testamentary instrument\n\n67 Caveat concerning an informal testamentary instrument\n\n(cf former Part 78, rule 62A)\n\n> > (1) A person who claims to be a person whose interests may be affected by the Court’s decision as to the deceased’s intentions in relation to an informal testamentary document may file a caveat requiring an opportunity to be heard before the Court makes such a decision.\n> \n> > (2) Subrule (1) does not apply to a person who is a defendant in proceedings for the grant of probate or administration in relation to the deceased’s estate.\n> \n> > (3) The caveat may be lodged—\n> > \n> > > (a) at any time before service on that person of a copy of an application for the grant of probate or administration in relation to that estate, or\n> > \n> > > (b) by leave of the Court, at any time before the grant of probate or administration is made.\n> \n> > (4) The caveat must state fully the nature of the interest claimed by the caveator and an address for service.\n> \n> > (5) If the caveator is aware that any other person is making, or is intending to make, an application for the grant of probate or administration in respect of the same estate, the caveator must, within 7 days after filing the caveat, serve a copy of the caveat on that other person.","sortOrder":256},{"sectionNumber":"pt.78-div.10-sdiv.3","sectionType":"division","heading":"Caveat requiring proof in solemn form","content":"### pt.78-div.10-sdiv.3 Caveat requiring proof in solemn form\n\nSubdivision 3 Caveat requiring proof in solemn form","sortOrder":257},{"sectionNumber":"68","sectionType":"section","heading":"Caveat requiring proof in solemn form","content":"#### 68 Caveat requiring proof in solemn form\n\n68 Caveat requiring proof in solemn form\n\n(cf former Part 78, rule 62)\n\n> > (1) A person—\n> > \n> > > (a) who claims an interest in a deceased person’s estate as a beneficiary under a will, or\n> > \n> > > (b) who has an interest in a deceased person’s estate and who wishes to challenge an alleged will on the ground that the will has not been duly executed,\n> > \n> > may file a caveat requiring proof in solemn form of any such will.\n> \n> > (2) The caveat must state fully the nature of the interest of the caveator and an address for service.\n> \n> > (3) If the caveator is aware that any other person is making, or intending to make, an application for the grant of probate or administration, or the resealing of a foreign grant, in respect of the same estate, the caveator must, within 7 days after filing the caveat, serve a copy of the caveat on that other person.","sortOrder":258},{"sectionNumber":"pt.78-div.10-sdiv.4","sectionType":"division","heading":"General","content":"### pt.78-div.10-sdiv.4 General\n\nSubdivision 4 General","sortOrder":259},{"sectionNumber":"69","sectionType":"section","heading":"Duration of caveat","content":"#### 69 Duration of caveat\n\n69 Duration of caveat\n\n(cf former Part 78, rule 63)\n\n> > (1) A caveat under this Division takes effect when it is filed and, unless the Court otherwise orders, lapses after 6 months.\n> \n> > (2) The Court may extend the duration of a caveat.\n> \n> > (3) Despite subrules (1) and (2), in any proceedings on an application for the grant of probate or administration in relation to a will that comprises or includes an informal testamentary document, a caveat concerning the informal testamentary instrument lapses when the caveator becomes a party to the proceedings.\n> > \n> > Note—\n> > \n> > Rule 72 (2) provides that, unless the Court otherwise directs, the caveator is to be a party to the proceedings.","sortOrder":260},{"sectionNumber":"70","sectionType":"section","heading":"Withdrawal of caveat","content":"#### 70 Withdrawal of caveat\n\n70 Withdrawal of caveat\n\n(cf former Part 78, rule 64)\n\n> > (1) The caveator in respect of any caveat under this Division may withdraw the caveat by filing a notice of withdrawal of caveat.\n> \n> > (2) The withdrawal of the caveat takes effect when the notice is filed.","sortOrder":261},{"sectionNumber":"71","sectionType":"section","heading":"Order that caveat cease to be in force","content":"#### 71 Order that caveat cease to be in force\n\n71 Order that caveat cease to be in force\n\n(cf former Part 78, rule 69)\n\n> > (1) If—\n> > \n> > > (a) a person has applied or intends to apply for the grant of probate or administration or the resealing of a foreign grant, and\n> > \n> > > (b) a caveat under this Division is in force in respect of any grant of probate or administration, or resealing of a foreign grant, being made in respect of the estate concerned,\n> > \n> > the person may apply for an order that the caveat cease to be in force in relation to the application or intended application.\n> \n> > (2) An application under this rule must be made—\n> > \n> > > (a) except as provided by paragraph (b), by summons, or\n> > \n> > > (b) if the person has commenced proceedings for the grant of probate or administration, or the resealing of a foreign grant, by notice of motion in the proceedings.\n> \n> > (3) The caveator must be joined as a defendant in the proceedings on an application under this rule.\n> \n> > (4) If the Court considers that the evidence fails to show—\n> > \n> > > (a) that the caveator has an interest in the estate concerned, or a reasonable prospect of establishing such an interest, and\n> > \n> > > (b) that there is a doubt as to whether the grant of probate or administration should be made or whether the foreign grant should be resealed,\n> > \n> > the Court may order that the caveat cease to be in force in respect of the application.\n> \n> > (5) Part 13 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) does not apply to the proceedings.\n> \n> > (6) If it does not order that the caveat cease to be in force in respect of the application, the Court may give such directions as appear best adapted for the just, quick and cheap determination of proceedings on the application, or intended application.\n> \n> > (7) Directions that the Court may give pursuant to subrule (6) include a direction to the caveator to commence proceedings.\n> \n> > (8) If the Court directs the caveator to commence proceedings, it may order that if the caveator does not commence proceedings within such time as the Court fixes, the caveat is to lapse, either generally or in respect of the application or intended application.\n> \n> > (9) An order under subrule (8) may be made at the time the caveator is directed to commence proceedings or at any subsequent time.","sortOrder":262},{"sectionNumber":"72","sectionType":"section","heading":"Certain proceedings to be commenced by statement of claim","content":"#### 72 Certain proceedings to be commenced by statement of claim\n\n72 Certain proceedings to be commenced by statement of claim\n\n(cf former Part 78, rule 70)\n\n> > (1) If a caveat under this Division is in force in respect of a deceased person’s estate, proceedings for the grant of probate or administration, or the resealing of a foreign grant, in respect of the estate, must be commenced by statement of claim.\n> \n> > (2) Unless the Court otherwise directs, the caveator is to be a party to the proceedings.","sortOrder":263},{"sectionNumber":"73","sectionType":"section","heading":"Service of documents on caveator","content":"#### 73 Service of documents on caveator\n\n73 Service of documents on caveator\n\n> In the application of rule 10.5 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) to the service on a caveator of either of the following documents, namely—\n> \n> > (a) an application for an order referred to in rule 71,\n> \n> > (b) a statement of claim referred to in rule 72,\n> \n> the caveator’s address for service is taken to be the address for service stated in the relevant caveat under rule 66, 67 or 68.","sortOrder":264},{"sectionNumber":"74","sectionType":"section","heading":"Assignment of case number","content":"#### 74 Assignment of case number\n\n74 Assignment of case number\n\n> > (1) A case number or unique identifier is to be assigned to a caveat under this Division when it is accepted for filing.\n> \n> > (2) In the case of a caveat for an estate in respect of which—\n> > \n> > > (a) proceedings for the grant of probate or administration have been commenced, or\n> > \n> > > (b) some other caveat has been filed under this Division, or\n> > \n> > > (c) a notice has been filed under Division 9,\n> > \n> > the case number or other unique identifier assigned to the caveat is to be the same as that previously assigned to the proceedings, caveat or notice.","sortOrder":265},{"sectionNumber":"Division 11","sectionType":"division","heading":"Accounts and commission","content":"## Division 11 Accounts and commission\n\nDivision 11 Accounts and commission","sortOrder":266},{"sectionNumber":"75","sectionType":"section","heading":"Definitions","content":"#### 75 Definitions\n\n75 Definitions\n\n> In this Division—\n> \n> commission means commission referred to in section 86 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013).\n> \n> parent proceedings, in respect of an estate the subject of proceedings for the passing of accounts, means the proceedings in which—\n> \n> > (a) probate or administration has been granted, or\n> \n> > (b) a foreign grant has been resealed,\n> \n> in respect of the estate.\n> \n> proceedings for the passing of accounts means proceedings for an order passing accounts under section 85 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013).","sortOrder":267},{"sectionNumber":"76","sectionType":"section","heading":"Commencement of proceedings","content":"#### 76 Commencement of proceedings\n\n76 Commencement of proceedings\n\n(cf former Part 78, rule 75)\n\n> > (1) Proceedings for the passing of accounts for an estate must be commenced by notice of motion in the parent proceedings.\n> \n> > (2) The notice may, but need not, request the Court to allow the applicant to be paid commission from the assets of the estate.","sortOrder":268},{"sectionNumber":"77","sectionType":"section","heading":"Further requirements where applicant seeks commission","content":"#### 77 Further requirements where applicant seeks commission\n\n77 Further requirements where applicant seeks commission\n\n(cf former Part 78, rule 85)\n\n> If the applicant seeks commission he or she must file with the notice of motion commencing the proceedings—\n> \n> > (a) an affidavit in support of the application, and\n> \n> > (b) where the accounts were not filed within the time fixed by the rules or any order of the Court, an affidavit explaining the delay.","sortOrder":269},{"sectionNumber":"78","sectionType":"section","heading":"Objection prior to proceedings","content":"#### 78 Objection prior to proceedings\n\n78 Objection prior to proceedings\n\n(cf former Part 78, rule 77A)\n\n> > (1) At any time prior to the commencement of proceedings for the passing of accounts for an estate in respect of which—\n> > \n> > > (a) probate or administration has been granted, or\n> > \n> > > (b) a foreign grant has been resealed,\n> > \n> > any person (the objector) may, by filing a notice of his or her intention to do so, object to the passing of accounts or the allowance of commission, as the case may be.\n> \n> > (2) The address for service shown in the notice is taken to be the objector’s address for service in any such proceedings.\n> \n> > (3) On the commencement of any such proceedings, the registrar must serve a copy of the notice on the applicant.\n> \n> > (4) As soon as practicable after being served with such a copy, the applicant in any such proceedings must serve a copy of the originating process on the objector.","sortOrder":270},{"sectionNumber":"79","sectionType":"section","heading":"Notice of proceedings","content":"#### 79 Notice of proceedings\n\n79 Notice of proceedings\n\n(cf former Part 78, rules 76 and 87)\n\n> > (1) At least 14 days before the commencement of proceedings for the passing of accounts, the applicant must cause to be published a notice of—\n> > \n> > > (a) the filing of the accounts, and\n> > \n> > > (b) the order or orders claimed in the proceedings.\n> \n> > (2) The notice must be published on the New South Wales Online Registry website.\n> \n> > (3) The applicant must file an affidavit of compliance with this rule.\n> \n> > (4) The Court may order the applicant to give notice of the proceedings to any person.","sortOrder":271},{"sectionNumber":"80","sectionType":"section","heading":"Sureties","content":"#### 80 Sureties\n\n80 Sureties\n\n(cf former Part 78, rule 77)\n\n> > (1) At least 14 days before the commencement of proceedings for the passing of accounts for an estate in respect of which an administration bond has been executed under section 64 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), the plaintiff must serve on each surety to the bond a copy of the notice referred to in rule 79 (1).\n> \n> > (2) The plaintiff must file an affidavit of compliance with subrule (1).\n> \n> > (3) Instead of or in addition to complying with subrules (1) and (2) in respect of any surety, the plaintiff may file the consent of the surety to an order passing the accounts, with an affidavit verifying the consent endorsed on the document containing the consent.","sortOrder":272},{"sectionNumber":"81","sectionType":"section","heading":"Inspection and appearance","content":"#### 81 Inspection and appearance\n\n81 Inspection and appearance\n\n(cf former Part 78, rule 78)\n\n> > (1) This rule applies if proceedings for the passing of accounts have been commenced but the hearing of the proceedings has not been completed.\n> \n> > (2) Any person may inspect the accounts at any time after the commencement of the proceedings, without leave, unless the registrar otherwise directs.\n> \n> > (3) Any person intending to object to the passing of the accounts may, at any time before completion of the hearing, enter an appearance in the proceedings.\n> \n> > (4) Any person entering an appearance in the proceedings is to be joined as a respondent in the proceedings.","sortOrder":273},{"sectionNumber":"82","sectionType":"section","heading":"Vouching","content":"#### 82 Vouching\n\n82 Vouching\n\n(cf former Part 78, rule 79)\n\n> Unless the Court otherwise directs, accounts are to be vouched—\n> \n> > (a) in the absence of the public, and\n> \n> > (b) without the appearance before the Court of any person, and\n> \n> > (c) without an appointment being obtained for the vouching.","sortOrder":274},{"sectionNumber":"83","sectionType":"section","heading":"Court may require further evidence, documents and notices","content":"#### 83 Court may require further evidence, documents and notices\n\n83 Court may require further evidence, documents and notices\n\n(cf former Part 78, rule 80)\n\n> In any proceedings for the passing of accounts, the Court—\n> \n> > (a) may require further evidence to be furnished, further documents to be filed and further notices to be given, and\n> \n> > (b) if satisfied that the accounts are correct, may make an order passing the accounts, and\n> \n> > (c) if satisfied that any commission that is sought is appropriate, may make an order allowing commission.","sortOrder":275},{"sectionNumber":"84","sectionType":"section","heading":"Certificate as to passing of accounts","content":"#### 84 Certificate as to passing of accounts\n\n84 Certificate as to passing of accounts\n\n(cf former Part 78, rule 81)\n\n> > (1) If the Court makes an order passing accounts, the registrar is to issue the applicant with a certificate as to the balance of the accounts.\n> \n> > (2) If the Court makes an order allowing commission, the certificate must also certify as to—\n> > \n> > > (a) the amount of capital realised, and\n> > \n> > > (b) the amount of income collected, and\n> > \n> > > (c) the value of any assets transferred to beneficiaries, and\n> > \n> > > (d) where a business was carried on, the gross receipts and net profit earned or loss incurred,\n> > \n> > during the period to which the accounts relate.","sortOrder":276},{"sectionNumber":"85","sectionType":"section","heading":"Time for filing etc accounts under section 85 of P&A Act","content":"#### 85 Time for filing etc accounts under section 85 of P&A Act\n\n85 Time for filing etc accounts under section 85 of P&A Act\n\n(cf former Part 78, rules 71 and 73)\n\n> > (1) For the purposes of section 85 (1) and (1AA) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), the time within which accounts for an estate in respect of which—\n> > \n> > > (a) probate or administration has been granted, or\n> > \n> > > (b) a foreign grant has been resealed,\n> > \n> > must be filed, verified and filed or verified, filed and passed, as the case requires, is 12 months after the relevant grant or resealing.\n> \n> > (2) An executor or administrator may, in the proceedings for the grant of probate or administration or the resealing of a foreign grant, move for an order extending the period for compliance with section 85 (1) or (1AA) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), including an order extending the period until the further order of the Court, without the prior filing or service of notice of the motion.\n> \n> Note—\n> \n> These rules do not fix a time limit under section 85 (1A), (1B) or (5) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013). Subject to any order made by the Court, no time limit will therefore apply under those subsections.","sortOrder":277},{"sectionNumber":"86","sectionType":"section","heading":"Renunciation of commission under section 86 (3) of P&A Act","content":"#### 86 Renunciation of commission under section 86 (3) of P&A Act\n\n86 Renunciation of commission under section 86 (3) of P&A Act\n\n(cf former Part 78, rule 86)\n\n> If, in any proceedings for the passing of accounts, the applicant wishes to renounce his or her right to commission—\n> \n> > (a) the applicant may do so, at any time before the hearing of the proceedings, by filing a renunciation of commission, and\n> \n> > (b) if the applicant does so, the accounts must be allowed in accordance with the indemnity referred to in section 86 (3) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013).\n> \n> Note—\n> \n> Under section 86 (3) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), an executor, administrator or trustee who renounces their right to commission for work carried out in relation to a deceased’s estate, and engages a legal practitioner to do that work (being non-professional work) on their behalf, is entitled to be indemnified by the estate, up to the amount of commission to which they would otherwise be entitled, for the legal practitioner’s charges and disbursements in connection with that work.","sortOrder":278},{"sectionNumber":"87","sectionType":"section","heading":"Reduction of excessive commission under section 86A of P&A Act","content":"#### 87 Reduction of excessive commission under section 86A of P&A Act\n\n87 Reduction of excessive commission under section 86A of P&A Act\n\n(cf former Part 78, rule 75A)\n\n> Proceedings for an order under section 86A of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) are to be commenced by notice of motion in the parent proceedings.","sortOrder":279},{"sectionNumber":"88","sectionType":"section","heading":"Notices and orders under section 87 of P&A Act","content":"#### 88 Notices and orders under section 87 of P&A Act\n\n88 Notices and orders under section 87 of P&A Act\n\n(cf former Part 78, rule 72)\n\n> > (1) A notice or order under section 87 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) may be served by sending it to the executor, administrator or trustee concerned at his or her address for service in relation to the parent proceedings.\n> \n> > (2) If an order has been made under section 87 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) requiring an executor, administrator or trustee to show cause, any application for an order extending the period referred to in section 87 (1) of that Act must be made on the day appointed for showing cause.","sortOrder":280},{"sectionNumber":"89","sectionType":"section","heading":"Order to file etc accounts","content":"#### 89 Order to file etc accounts\n\n89 Order to file etc accounts\n\n(cf former Part 78, rule 74)\n\n> Proceedings for an order that an executor, administrator or trustee of a deceased person’s estate do any of the following—\n> \n> > (a) file an inventory,\n> \n> > (b) verify and file an inventory,\n> \n> > (c) file accounts,\n> \n> > (d) verify and file accounts,\n> \n> > (e) file and pass accounts,\n> \n> > (f) verify, file and pass accounts,\n> \n> > (g) pass accounts filed,\n> \n> must be commenced by notice of motion in the parent proceedings.","sortOrder":281},{"sectionNumber":"Division 12","sectionType":"division","heading":"Forms","content":"## Division 12 Forms\n\nDivision 12 Forms","sortOrder":282},{"sectionNumber":"90","sectionType":"section","heading":"Form of appointment: section 75A of P&A Act","content":"#### 90 Form of appointment: section 75A of P&A Act\n\n90 Form of appointment: section 75A of P&A Act\n\n(cf former Part 78, rule 90)\n\n> The following documents under section 75A of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) must be in the approved form—\n> \n> > (a) a notice of appointment of the NSW Trustee and Guardian or a trustee company by an executor or administrator,\n> \n> > (b) a deed of appointment of the NSW Trustee and Guardian or a trustee company by an executor or administrator,\n> \n> > (c) a notice of objection to the appointment of the NSW Trustee and Guardian or a trustee company by an executor or administrator.","sortOrder":283},{"sectionNumber":"91","sectionType":"section","heading":"Affidavit of additional assets: section 81A of P&A Act","content":"#### 91 Affidavit of additional assets: section 81A of P&A Act\n\n91 Affidavit of additional assets: section 81A of P&A Act\n\n(cf former Part 78, rule 28A)\n\n> Disclosure of assets and liabilities under section 81A (1) and (2) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) must be effected by filing an affidavit of assets or an affidavit of additional assets, as the case requires.","sortOrder":284},{"sectionNumber":"92","sectionType":"section","heading":"Form of acknowledgment: section 83 of P&A Act","content":"#### 92 Form of acknowledgment: section 83 of P&A Act\n\n92 Form of acknowledgment: section 83 of P&A Act\n\n(cf former Part 78, rule 89)\n\n> An acknowledgment for the purposes set out in section 83 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) must be in the approved form.","sortOrder":285},{"sectionNumber":"93","sectionType":"section","heading":"Form of notice of intended distribution","content":"#### 93 Form of notice of intended distribution\n\n93 Form of notice of intended distribution\n\n(cf former Part 78, rule 91)\n\n> A notice under section 92 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), section 93 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080) or section 60 of the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) must be published—\n> \n> > (a) if the notice relates to the intended distribution of the estate of a deceased person in relation to which a grant of representation has been made or resealed by the Court, on the New South Wales Online Registry website, or\n> \n> > (b) in any other case, in a Sydney daily newspaper.\n> \n> Note—\n> \n> The form currently approved under section 17 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) for a notice of intended distribution is Form 114 of the forms approved under that section.","sortOrder":286},{"sectionNumber":"Division 13","sectionType":"division","heading":"Functions of registrar","content":"## Division 13 Functions of registrar\n\nDivision 13 Functions of registrar","sortOrder":287},{"sectionNumber":"94","sectionType":"section","heading":null,"content":"#### 94\n\n94\n\n> (1) The registrar may exercise the functions of the Court, in respect of all proceedings under the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), Chapter 2 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080) or this Part, in relation to the estates of deceased persons, otherwise than—\n> \n> > (a) on the hearing of proceedings for contempt, or\n> \n> > (b) on the hearing of an application for an order authorising a will to be made or altered, or for a will or part of a will to be revoked, by a minor, or\n> \n> > (c) on the hearing of an application for an order authorising a will to be made or altered, or for a will or part of a will to be revoked, on behalf of a person who lacks testamentary capacity, or\n> \n> > (d) on the hearing of an application for leave to make an application referred to in paragraph (c), or\n> \n> > (e) on the hearing of an application for an order under section 67 or 89 of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), or\n> \n> > (f) on the hearing of contested proceedings for—\n> > \n> > > (i) the grant of probate or administration, or\n> > \n> > > (ii) the resealing of a foreign grant, or\n> > \n> > > (iii) the rectification of a will, or\n> > \n> > > (iv) the determination of whether an interested witness can benefit under a will, or\n> > \n> > > (v) the determination of whether an informal testamentary document forms the deceased’s will, an alteration of the deceased’s will or a full or partial revocation of the deceased’s will, or\n> > \n> > > (vi) an order under section 68, 84 or 84A (1) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), or\n> > \n> > > (vii) an order under rule 51 or 71.\n\n> (2) If the Court refers any matter to the registrar, the registrar may exercise the functions of the Court in respect of that matter.\n\n> (3) The registrar may exercise the functions of the Court in respect of—\n> \n> > (a) proceedings for the revocation of a grant of probate in common form where the grant was made in error, and\n> \n> > (b) proceedings for the revocation of a grant of probate where the application for revocation is not contested, and\n> \n> > (c) proceedings for the passing of accounts, or the allowance of commission, under Division 11, and\n> \n> > (d) proceedings under section 21 of the [Status of Children Act 1996](/view/html/inforce/current/act-1996-076) for a declaration of parentage in connection with uncontested proceedings for the grant of probate or administration, or for the resealing of a foreign grant.","sortOrder":288},{"sectionNumber":"Part 79","sectionType":"part","heading":"Court of Disputed Returns","content":"# Part 79 Court of Disputed Returns\n\nPart 79 Court of Disputed Returns","sortOrder":289},{"sectionNumber":"Part 80","sectionType":"part","heading":"Companies (New South Wales) Code and Corporations Law","content":"# Part 80 Companies (New South Wales) Code and Corporations Law\n\nPart 80 [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a) and [Corporations Law](/view/html/inforce/current/sl-1999-0703)","sortOrder":324},{"sectionNumber":"1B","sectionType":"section","heading":"Corporations Law: affidavit (s 459E (3))","content":"#### 1B Corporations Law: affidavit (s 459E (3))\n\n1B [Corporations Law](/view/html/inforce/current/sl-1999-0703): affidavit (s 459E (3))\n\n> An affidavit referred to in Section 459E (3) of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) must—\n> \n> > (a) be made—\n> > \n> > > (i) by the person serving the demand,\n> > \n> > > (ii) where the demand is served by more than one person—by one of those persons,\n> > \n> > > (iii) where the, or a, person serving the demand is a corporation—by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or\n> > \n> > > (iv) where the person serving the demand is the Crown—by an officer of the Crown having knowledge of the facts so far as they are known to the Crown,\n> \n> > (b) set out the facts entitling the deponent under paragraph (a) to make the affidavit,\n> \n> > (c) state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,\n> \n> > (d) state that the deponent believes those matters to be true, and\n> \n> > (e) state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.","sortOrder":328},{"sectionNumber":"1C","sectionType":"section","heading":"Corporations Law: affidavit (s 459Q (c))","content":"#### 1C Corporations Law: affidavit (s 459Q (c))\n\n1C [Corporations Law](/view/html/inforce/current/sl-1999-0703): affidavit (s 459Q (c))\n\n> An affidavit referred to in Section 459Q (c) of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) must—\n> \n> > (a) be made—\n> > \n> > > (i) by the plaintiff,\n> > \n> > > (ii) where there is more than one plaintiff—by one of them,\n> > \n> > > (iii) where the, or a, plaintiff is a corporation by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or\n> > \n> > > (iv) where the plaintiff is the Crown—by an officer for the Crown having knowledge of the facts so far as they are known to the Crown,\n> \n> > (b) set out the facts entitling the deponent under paragraph (a) to make the affidavit,\n> \n> > (c) state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,\n> \n> > (d) state that the deponent believes those matters to be true, and\n> \n> > (e) state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.","sortOrder":329},{"sectionNumber":"1D","sectionType":"section","heading":"Corporations Law: affidavit (s 596C)","content":"#### 1D Corporations Law: affidavit (s 596C)\n\n1D [Corporations Law](/view/html/inforce/current/sl-1999-0703): affidavit (s 596C)\n\n> > (1) An affidavit referred to in section 596C of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) must set out—\n> > \n> > > (a) the facts relied on to establish that the applicant is an eligible applicant for the purposes of section 596B,\n> > \n> > > (b) the facts relied on to establish the matters referred to in section 596B (1) (b), and\n> > \n> > > (c) if production of books is to be required—the deponent’s belief that the books, the production of which is sought, are reasonably required for the purposes of the examination, and the grounds for that belief.\n> \n> > (2) A summons under section 596A or 596B of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) shall be in Form 154A.","sortOrder":330},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Part II of the Code","content":"## Division 2A Part II of the Code\n\nDivision 2A Part II of the Code","sortOrder":339},{"sectionNumber":"8A","sectionType":"section","heading":"Appeal from Board (s 30R)","content":"#### 8A Appeal from Board (s 30R)\n\n8A Appeal from Board (s 30R)\n\ncf CR 1968, r 39.\n\n> The Companies Auditors and Liquidators Disciplinary Board may, on application in writing made to it before the expiration of the time (other than the time extended by the Court) for instituting an appeal from its decision under section 30R of the Code, grant, by notice in writing, an extension of that time and where it does so, it shall deliver the notice to the applicant who shall file the notice with the summons instituting the appeal.","sortOrder":340},{"sectionNumber":"22A","sectionType":"section","heading":"Notice to liquidator of appointment","content":"#### 22A Notice to liquidator of appointment\n\n22A Notice to liquidator of appointment\n\n> > (1) Where an order for the winding up of a Company is made, the plaintiff shall—\n> > \n> > > (a) complete two forms of notice in Form 135A,\n> > \n> > > (b) leave a copy with, and obtain a sealed copy from, the proper officer of the Court,\n> > \n> > > (c) serve the sealed copy on the liquidator appointed—\n> > > \n> > > > (i) where the order is made before noon—before 5 in the afternoon,\n> > > \n> > > > (ii) where the order is made in the afternoon—before noon of the following day.\n> \n> > (2) A sealed copy is sufficiently served on a liquidator within the time prescribed in subrule (1) (c) if the information contained in the copy is transmitted to the liquidator’s facsimile transmission number by a means that reproduces, in the hands of the liquidator, that information as it appears in the copy.","sortOrder":357},{"sectionNumber":"23A","sectionType":"section","heading":null,"content":"#### 23A\n\n23A (Repealed)","sortOrder":359},{"sectionNumber":"24A","sectionType":"section","heading":"Validation of dispositions of property etc (s 368)","content":"#### 24A Validation of dispositions of property etc (s 368)\n\n24A Validation of dispositions of property etc (s 368)\n\n> An application for an order under section 368 (2) of the Code (which subsection relates to the validation of dispositions of property etc) shall be made by motion in the proceedings for the winding up order.","sortOrder":361},{"sectionNumber":"61A","sectionType":"section","heading":"Irregularities (s 539)","content":"#### 61A Irregularities (s 539)\n\n61A Irregularities (s 539)\n\n> Subject to any direction of the Court, an application for an order under section 539 of the Code in or for the purposes of or in relation to any proceedings in the Court may be made by motion in those proceedings.","sortOrder":400},{"sectionNumber":"Part 80A","sectionType":"part","heading":"Corporations Law and ASC Law","content":"# Part 80A Corporations Law and ASC Law\n\nPart 80A [Corporations Law](/view/html/inforce/current/sl-1999-0703) and ASC Law","sortOrder":405},{"sectionNumber":"Division 6A","sectionType":"division","heading":"Remuneration of receiver, administrator and special manager","content":"## Division 6A Remuneration of receiver, administrator and special manager\n\nDivision 6A Remuneration of receiver, administrator and special manager","sortOrder":423},{"sectionNumber":"13A","sectionType":"section","heading":"Remuneration of receiver (s 425 (1))","content":"#### 13A Remuneration of receiver (s 425 (1))\n\n13A Remuneration of receiver (s 425 (1))\n\n> > (1) The summons or notice of the motion, by which application is made by a receiver for an order fixing his or her remuneration under section 425 (1), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on—\n> > \n> > > (a) the person who appointed the receiver,\n> > \n> > > (b) any other creditor holding security over all or any of the same property,\n> > \n> > > (c) any liquidator or provisional liquidator of the subject corporation,\n> > \n> > > (d) any administrator of the subject corporation,\n> > \n> > > (e) any administrator of a deed of company arrangement executed by the subject corporation, and\n> > \n> > > (f) if there is no person of the kinds referred to in (c), (d) and (e)—\n> > > \n> > > > (i) each of the 5 largest unsecured creditors of the subject corporation, and\n> > > \n> > > > (ii) each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.\n> \n> > (2) Any creditor or contributory or any of the persons referred to in paragraphs (c), (d) and (e) of subrule (1) may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.\n> \n> > (3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days—\n> > \n> > > (a) proving service of the notices required by subrule (1) (b), and\n> > \n> > > (b) stating that he or she has received no notice of objection to the remuneration claimed,\n> > \n> > and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.\n> \n> > (4) The summons or notice of motion must be served on any creditor or contributory or other person who has given notice of objection under subrule (2).\n> \n> > (5) The evidence in support of the application must include an affidavit stating—\n> > \n> > > (a) the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and\n> > \n> > > (b) if at the time of the application the applicant remains the receiver, any matters delaying the completion of the receivership.","sortOrder":424},{"sectionNumber":"13B","sectionType":"section","heading":"Remuneration of administrator (s 449E (1))","content":"#### 13B Remuneration of administrator (s 449E (1))\n\n13B Remuneration of administrator (s 449E (1))\n\n> > (1) The summons or notice of the motion, by which application is made for an order fixing an administrator’s remuneration under section 449E (1), must not be filed until the expiration of—\n> > \n> > > (a) 28 days after the date when a meeting of creditors referred to in section 449E (1) was last held, and\n> > \n> > > (b) 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on—\n> > > \n> > > > (i) each creditor who was present in person or by proxy at the meeting of creditors,\n> > > \n> > > > (ii) each member of any committee of inspection, and\n> > > \n> > > > (iii) each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.\n> \n> > (2) Any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.\n> \n> > (3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days—\n> > \n> > > (a) proving service of the notices required by subrule (1) (b), and\n> > \n> > > (b) stating that he or she has received no notice of objection to the remuneration claimed,\n> > \n> > and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.\n> \n> > (4) The summons or notice of motion must be served on any creditor or contributory who has given notice of objection under subrule (2).\n> \n> > (5) The evidence in support of the application must include an affidavit stating—\n> > \n> > > (a) the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and\n> > \n> > > (b) if at the time of the application the applicant remains the administrator, any matters delaying the completion of the administration.","sortOrder":425},{"sectionNumber":"13C","sectionType":"section","heading":"Remuneration of special manager (s 484 (2))","content":"#### 13C Remuneration of special manager (s 484 (2))\n\n13C Remuneration of special manager (s 484 (2))\n\n> > (1) The summons or notice of the motion, by which application is made by a special manager for an order fixing his or her remuneration under section 484 (2), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on—\n> > \n> > > (a) the liquidator,\n> > \n> > > (b) each member of any committee of inspection, or if there is no committee of inspection, each of the 5 largest creditors of the subject corporation, and\n> > \n> > > (c) each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.\n> \n> > (2) The liquidator or any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.\n> \n> > (3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days—\n> > \n> > > (a) proving service of the notices required by subrule (1) (b), and\n> > \n> > > (b) stating that he or she has received no notice of objection to the remuneration claimed,\n> > \n> > and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.\n> \n> > (4) The summons or notice of motion must be served on the liquidator or any creditor or contributory who has given notice of objection under subrule (2).\n> \n> > (5) The evidence in support of the application must include an affidavit stating—\n> > \n> > > (a) the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and\n> > \n> > > (b) if at the time of the application the applicant remains the special manager, any matters delaying the completion of the special management.","sortOrder":426},{"sectionNumber":"Part 81","sectionType":"part","heading":null,"content":"# Part 81\n\nPart 81\n\n1–40 (Repealed)","sortOrder":455},{"sectionNumber":"Part 82","sectionType":"part","heading":"Public Notaries Act 1997","content":"# Part 82 Public Notaries Act 1997\n\nPart 82 [Public Notaries Act 1997](/view/html/inforce/current/act-1997-098)","sortOrder":456},{"sectionNumber":"Part 83","sectionType":"part","heading":null,"content":"# Part 83\n\nPart 83\n\n1–5 (Repealed)","sortOrder":465},{"sectionNumber":"Part 84","sectionType":"part","heading":"Crimes (Administration of Sentences) Act 1999","content":"# Part 84 Crimes (Administration of Sentences) Act 1999\n\nPart 84 [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)","sortOrder":466},{"sectionNumber":"Schedule A","sectionType":"schedule","heading":null,"content":"# Schedule A\n\nSchedules A–C (Repealed)","sortOrder":470},{"sectionNumber":"Schedule D","sectionType":"schedule","heading":"Powers of associate Judges","content":"# Schedule D Powers of associate Judges\n\nSchedule D Powers of associate Judges\n\nPt 60, r 1A.","sortOrder":471},{"sectionNumber":"Part 2","sectionType":"part","heading":"Limitations of powers under provisions of the rules","content":"# Part 2 Limitations of powers under provisions of the rules\n\nPart 2 Limitations of powers under provisions of the rules\n\n| Column 1 | Column 2 | Column 3 |\n| Rules of court and provision | Description | Extent of power |\n| Supreme Court Rules 1970— |  |  |\n| Part 14A | Technology and Construction List |  |\n| Part 49— |  |  |\n| Rule 3 (4) (b) | Discharging or varying judgment or order. |  |\n| Part 54 | Prerogative and other orders | Where paragraph 5 of Part 3 of this Schedule applies. |\n| Part 55— |  |  |\n| Rules 2, 4, 6, 8, 13, 14. | Contempt in the face or hearing of the Court. | Where paragraph 6 of Part 3 of this Schedule applies. |\n| Rule 10 | Arrest |  |\n| Part 60 | associate Judges |  |\n| Part 68— |  |  |\n| Rule 8 (2) | General administration of an estate. |  |\n| Rule 9 | Conduct of sale of property |  |\n| Part 69 | Infants’ Custody and Settlements Act Rules. |  |\n| Part 70— |  |  |\n| Rule 9 (1) | Affidavit of fitness of new trustee. |  |\n| Rule 11 (3) | Joining a defendant |  |\n| Rule 14 | Notice of payment into Court |  |\n| Rule 15 | Inquiries relating to application of funds. |  |\n| Part 73 | Adoption of Children |  |\n| Part 75 | Criminal proceedings |  |\n| Part 76 | Protective business | Except as provided in Part 76. |\n| Part 78 | Probate | Under Part 78 rules 38, 59, 69, 71 and 72. |\n| Uniform Civil Procedure Rules 2005— |  |  |\n| Part 51 | Court of Appeal |  |","sortOrder":473},{"sectionNumber":"Part 3","sectionType":"part","heading":"General","content":"# Part 3 General\n\nPart 3 General","sortOrder":474},{"sectionNumber":"5B","sectionType":"section","heading":null,"content":"#### 5B\n\n5B\n\nAn appeal from a Local Court in any civil matter.","sortOrder":482},{"sectionNumber":"17A","sectionType":"section","heading":null,"content":"#### 17A\n\n17A\n\nTrial (except with a jury) of proceedings in the Common Law Division on a claim in which—\n\n> (a) damages are claimed in respect of the death of or personal injuries to any person,\n\n> (b) damages are claimed in respect of damage to property and—\n> \n> > (i) the proceedings include a claim in respect of the death of or personal injuries to any person, and\n> \n> > (ii) if separate proceedings were brought in respect of—\n> > \n> > > (A) the claim referred to in subparagraph (i), and\n> > \n> > > (B) the claim in respect of damage to property,\n> > \n> > some common question of fact would arise in both claims, or\n\n> (c) contribution is claimed under Part III of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033) in respect of damages of the nature referred to in paragraph (a) or (b).","sortOrder":495},{"sectionNumber":"Schedule E","sectionType":"schedule","heading":null,"content":"# Schedule E\n\nSchedule E (Repealed)","sortOrder":507},{"sectionNumber":"Schedule F","sectionType":"schedule","heading":"Forms","content":"# Schedule F Forms\n\nSchedule F Forms\n\nPt 1, r 11.\n\nForm 1\n\n*(First page of a document. See Part 65 rule 1.)*\n\n*(Leave clear a space of about 50 millimetres from the top of the page.)*\n\n| IN THE SUPREME COURT OF NEW SOUTH WALESSYDNEY (or as the case may be) REGISTRYCOMMON LAW (or as the case may be) DIVISIONS10 of 19 (or as the case may require: see Part 1 rule 10 (1) and Part 65 rule 1 (1)) | (Do not describe the document here. The substance of the document shall be written within this space. A margin of not less than 25 millimetres shall be kept clear on the left hand side of the page. The dividing line to the left hand side shall be about 75 millimetres from the left hand edge of the page. The substance of a statement of accounts may commence on the following page. Where there is insufficient space on the left hand side of the page to include particulars of all the parties, this space may also be used to include particulars of parties and the substance of the document may be commenced on the following page. |\n| (Describe the document)NOTICE OF MOTION(or, in the case of an affidavit)AFFIDAVIT(and show the name of the deponent and date of swearing)J. Smith7 May 19 | Above “COMMON LAW DIVISION”in the margin name the registry at the place for trial or hearing. In respect of proceedings under Part 5 of the Crimes (Appeal and Review) Act 2001 omit “plaintiff” from the title and insert instead “appellant” and omit “defendant” from the title and insert instead “respondent”. |\n| Filed for (Full name of filing party)HENRY JONES | Highlight the name of the document and the filing party by including a solid line above and below that information.) |\n| JOHN LEEplaintiffJAMES STYLESdefendantCROSS-CLAIMJAMES STYLESCross-claimantJOHN LEE and HENRY JONESCross-defendantsSECOND CROSS-CLAIMHENRY JONESCross-claimantWILLIAM SMITHCross-defendant(and in every document continue)Principal & Co.22 Main Street,Yass 2582.telephone: 202Agent & Co.22 Pitt StreetSydney 2000telephone: 222 2222DX 222, Sydney |  |\n\n*(Forms lodged in relation to civil proceedings to which the Uniform Civil Procedure Rules 2005 apply should use UCPR Form 1 instead of this form. Forms lodged in relation to criminal proceedings should use UCPR Form 1 with appropriate amendments.)*\n\nForm 2\n\n*(To be set out in accordance with Form 1)*\n\nJOHN LEE and others  \nplaintiffs\n\nJAMES STYLES  \ndefendant  \nand cross-claims\n\n*(See Part 65 rule 1 (4).)*\n\nForm 3\n\n*(To be set out in accordance with Form 1)*\n\nThe application of HENRY JONES\n\n*(See Part 65 rule 1 (3).)*\n\nForm 4\n\n*(Conclusion of documents for signature by a party unless otherwise indicated or required.)*\n\n*(Signature)*  \nPlaintiff’s solicitor\n\nFiled (dated *if not filed*): 7 May 19 .\n\n*(On an originating process or notice of appearance add the full name of the solicitor after “solicitor”. The appropriate alteration must be made where Part 66 rule 9 (3) (relating to signature for a solicitor) applies. See also Part 65 generally.)*\n\nForms 5–45\n\n(Repealed)\n\nForm 45A\n\n*(Subpoena to a natural person)*\n\nP 36A, r 3 (5).\n\nSUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND\n\n| To | (1) |\n|  | (2). |\n\nTHE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the documents and things described in the schedule—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending; BUT—\n> \n> > (i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the documents and things described in the schedule to—\n> > \n> > > (A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or\n> > \n> > > (B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you—\n> > > \n> > > > (I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;\n> > > \n> > > > (II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and\n> > > \n> > > > (III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;\n> \n> > (ii) you need not comply with this subpoena—\n> > \n> > > (A) if—\n> > > \n> > > > (I) allowances and travelling expenses; or\n> > > \n> > > > (II) vouchers,\n> > > \n> > > sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;\n> > \n> > > (B) if it is served on you after (9);\n> > \n> > > (C) if the party who requested the issue of this subpoena has excused you from compliance; or\n> > \n> > > (D) if it is not accompanied by—\n> > > \n> > > > (I) a copy of the order giving leave to serve it in New Zealand; and\n> > > \n> > > > (II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;\n> \n> > (iii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.\n\nSCHEDULE  \n(10)\n\n| Dated 19 . | By the Court,(11) |\n\nIssued at the request of (12) whose address for service is (13).\n\n**See the reverse of this page.**\n\n*On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add*—\n\nNote that—\n\n> (1) if you do not comply with this subpoena you may be arrested;\n\n> (2) if, by paragraph (c) (i) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—\n> \n> > Exhibits Clerk,  \n> > Exhibits Office, Level 5,  \n> > Supreme Court of N.S.W.  \n> > G.P.O. Box 3,  \n> > Sydney 2001.  \n> > AUSTRALIA\n> \n> in accordance with paragraph (c) (i) (A);\n\n> (3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;\n\n> (4) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;\n\n> (5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;\n\n> (6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena; and\n\n> (7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.\n\n*Directions for completing the above form.*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *specify a date, for example* 26 April 19 , *having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.*\n\n> (9) *specify a date, for example* 19 April 19 , *having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.*\n\n> (10) *description of documents and things.*\n\n> (11) *signature and description of officer of the Court.*\n\n> (12) *state person at whose request the subpoena was issued*.\n\n> (13) *address for service*.\n\n(*This form applies only to subpoenas to which Part 2 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth) applies.*)\n\nForm 45B\n\n(*Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc. of documents*.)\n\nP 36A, r 3 (5).\n\nSUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS FOR SERVICE IN NEW ZEALAND\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that—\n\n1\\. (1), “the corporation”, shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to ATTEND AND PRODUCE them—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 am (3) and until the officer is excused by the Court from further attending; BUT—\n> \n> > (i) INSTEAD OF causing its proper officer to so ATTEND, THE CORPORATION MAY PRODUCE this subpoena and the documents and things described in the schedule to—\n> > \n> > > (A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which the officer is required so to attend; or\n> > \n> > > (B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you—\n> > > \n> > > > (I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;\n> > > \n> > > > (II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and\n> > > \n> > > > (III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;\n> \n> > (ii) the corporation need not comply with this subpoena—\n> > \n> > > (A) if—\n> > > \n> > > > (I) allowances and travelling expenses; or\n> > > \n> > > > (II) vouchers,\n> > > \n> > > sufficient to meet the corporation’s reasonable expenses are not paid, or tendered to it, at the time of service or at some other reasonable time before it is required to comply with this subpoena;\n> > \n> > > (B) if it is served on the corporation after (9);\n> > \n> > > (C) if the party who requested the issue of this subpoena has excused the corporation from compliance; or\n> > \n> > > (D) if it is not accompanied by—\n> > > \n> > > > (I) a copy of the order giving leave to serve it in New Zealand; and\n> > > \n> > > > (II) a notice in the prescribed form setting out the corporation’s rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;\n> \n> > (iii) if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the [Evidence Act 1898](/view/pdf/asmade/act-1898-11) would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;\n> \n> > (iv) the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.\n\n2\\. the officer who is to attend shall make enquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.\n\nSCHEDULE  \n(10)\n\n| Dated 19 . | By the Court(11) |\n\nIssued at the request of (12) whose address for service is (13).\n\nNote that—\n\n> (1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means;\n\n> (2) if, by paragraph (c) (i) (A), the corporation is permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, it may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—\n> \n> > Exhibits Clerk,  \n> > Exhibits Office,  \n> > Level 5,  \n> > Supreme Court of N.S.W.,  \n> > G.P.O. Box 3,  \n> > Sydney 2001.  \n> > AUSTRALIA\n> \n> in accordance with paragraph (c) (i) (A);\n\n> (3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;\n\n> (4) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may, in writing on or attached to this subpoena, request that they be posted to it at another address given by it;\n\n> (5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;\n\n> (6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;\n\n> (7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.\n\n*Directions for completing this form.*\n\n> (1) *name of corporation.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *specify a date, for example* 26 April 19 , *having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.*\n\n> (9) *specify a date, for example* 19 April 19 *, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.*\n\n> (10) *description of documents and things.*\n\n> (11) *signature and description of officer of the Court.*\n\n> (12) *state person at whose request the subpoena was issued*.\n\n> (13) *address for service*.\n\n*If the reverse side of a page is used, add to the foot of the front of the page***“See the reverse of this page.”***and keep clear a margin of 25 millimetres on the right hand side.*\n\n(*This form applies only to subpoenas to which Part 2 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth) applies.*)\n\nForm 45C\n\n(*Subpoena for production of original or photocopies of medical records*.)\n\nP 36A, r 3 (5).\n\nSUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the medical records, or clear sharp photocopies of them, described in the schedule (in this subpoena called the “scheduled documents”)—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending; BUT—\n> \n> > (i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the scheduled documents to—\n> > \n> > > (A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours, BEFORE THE DATE on which you are required so to attend; or\n> > \n> > > (B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you—\n> > > \n> > > > (I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;\n> > > \n> > > > (II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and\n> > > \n> > > > (III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;\n> \n> > (ii) you need not comply with this subpoena—\n> > \n> > > (A) if $ (*the amount prescribed by Part 37 rule 7A (4))* have not been paid or tendered to you;\n> > \n> > > (B) if, in addition to the amount referred to in the preceding paragraph,—\n> > > \n> > > > (I) allowances and travelling expenses; or\n> > > \n> > > > (II) vouchers,\n> > > \n> > > sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;\n> > \n> > > (C) if it is served on you after (9);\n> > \n> > > (D) if the party who requested the issue of this subpoena has excused you from compliance; or\n> > \n> > > (E) if it is not accompanied by—\n> > > \n> > > > (I) a copy of the order giving leave to serve it in New Zealand; and\n> > > \n> > > > (II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;\n> \n> > (iii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.\n\nSCHEDULE  \n(10)\n\n| Dated 19 . | By the Court,(11) |\n\nIssued at the request of (12) whose address for service is (13).\n\n**See the reverse of this page.**\n\n*On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add*—\n\nNote that—\n\n> (1) if you do not comply with this subpoena you may be arrested;\n\n> (2) if, by paragraph (c) (i) (A), you are permitted to produce the subpoena and the scheduled documents to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—\n> \n> > Exhibits Clerk,  \n> > Exhibits Office, Level 5,  \n> > Supreme Court of N.S.W.,  \n> > G.P.O. Box 3,  \n> > Sydney 2001.  \n> > AUSTRALIA\n> \n> in accordance with paragraph (c) (i) (A);\n\n> (3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;\n\n> (4) documents produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;\n\n> (5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;\n\n> (6) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.\n\n*Directions for completing the above form*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *specify a date, for example* 26 April 19 , *having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.*\n\n> (9) *specify a date, for example* 19 April 19 *, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.*\n\n> (10) *description of the medical records.*\n\n> (11) *signature and description of officer of the Court.*\n\n> (12) *state person at whose request the subpoena was issued*.\n\n> (13) *address for service*.\n\n(*This form applies only to subpoenas to which Part 2 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth) applies.*)\n\nForm 45D\n\nP 36A, r 3 (5).\n\nSUBPOENA TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that you shall attend for the purpose of giving evidence—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending; but—\n> \n> > (i) you need not comply with this subpoena—\n> > \n> > > (A) if—\n> > > \n> > > > (I) allowances and travelling expenses; or\n> > > \n> > > > (II) vouchers,\n> > > \n> > > sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;\n> > \n> > > (B) if it is served on you after (8);\n> > \n> > > (C) if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (9);\n> > \n> > > (D) if the party who requested the issue of this subpoena has excused you from compliance; or\n> > \n> > > (E) if it is not accompanied by—\n> > > \n> > > > (I) a copy of the order giving leave to serve it in New Zealand; and\n> > > \n> > > > (II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;\n> \n> > (ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.\n\n| Dated 19 . | By the Court,(10) |\n\nIssued at the request of (11) whose address for service is (12).\n\nNote that—\n\n> (1) if you do not comply with this subpoena you may be arrested;\n\n> (2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (13) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;\n\n> (3) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;\n\n> (4) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.\n\n*Directions for completing the above form.*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *specify a date, for example,* 29 April 19 *, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d)) and Part 37 rule 7 (7), which is not later than 5 days before the date mentioned in note (5) above.*\n\n> (9) *specify a date, for example,* 15 April 19 *, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (5) above.*\n\n> (10) *signature and description of officer of the Court.*\n\n> (11) *state person at whose request the subpoena was issued*.\n\n> (12) *address for service*.\n\n> (13) *the amount prescribed by Part 37 rule 3A*.\n\n(*This form applies only to subpoenas to which Part 2 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth) applies*.)\n\nForm 45E\n\nP 36A, r 3 (5).\n\nSUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending; but—\n> \n> > (i) you need not comply with this subpoena—\n> > \n> > > (A) if—\n> > > \n> > > > (I) allowances and travelling expenses; or\n> > > \n> > > > (II) vouchers,\n> > > \n> > > sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;\n> > \n> > > (B) if it is served on you after (8);\n> > \n> > > (C) if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (9);\n> > \n> > > (D) if the party who requested the issue of this subpoena has excused you from compliance; or\n> > \n> > > (E) if it is not accompanied by—\n> > > \n> > > > (I) a copy of the order giving leave to serve it in New Zealand; and\n> > > \n> > > > (II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;\n> \n> > (ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance or production to a later time;\n> \n> > (iii) you may produce this subpoena and the documents and things described in the schedule to—\n> > \n> > > (A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or\n> > \n> > > (B) any registry of the High Court of New Zealand not later than (10) PROVIDED THAT you—\n> > > \n> > > > (I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;\n> > > \n> > > > (II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and\n> > > \n> > > > (III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;\n\nSCHEDULE  \n(11)\n\n| Dated 19 . | By the Court(12) |\n\nIssued at the request of (13) whose address for service is (14)\n\n**See the notes on the reverse of this page.**\n\n*On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add*—\n\nNote that—\n\n> (1) if you do not comply with this subpoena you may be arrested;\n\n> (2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (15) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;\n\n> (3) if, by paragraph (c) (iii) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to him by hand at the Exhibits Office, Level 5 at that place or by posting them to—\n> \n> > Exhibits Clerk,  \n> > Exhibits Office, Level 5,  \n> > Supreme Court of N.S.W.  \n> > G.P.O. Box 3,  \n> > Sydney 2001.  \n> > AUSTRALIA\n> \n> in accordance with paragraph (c) (iii) (A);\n\n> (4) in subparagraph (c) (iii) (A) Saturdays, Sundays and other holidays are not counted in calculating time;\n\n> (5) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;\n\n> (6) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;\n\n> (7) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;\n\n> (8) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.\n\n*Directions for completing the above form.*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), *notice of which date will be given to you.*\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *specify a date, for example* 19 April 19 *, having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.*\n\n> (9) *specify a date, for example,* 15 April 19 *, having regard to Part 2 rule 2 and Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (5) above.*\n\n> (10) *specify a date, for example 26 April 19* *, having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.*\n\n> (11) *description of documents and things.*\n\n> (12) *signature and description of officer of the Court.*\n\n> (12) *state person at whose request the subpoena was issued*.\n\n> (14) *address for service*.\n\n> (15) *the amount prescribed by Part 37 rule 3A*.\n\n(*This form applies only to subpoenas to which Part 2 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) (Commonwealth) applies*.)\n\nForm 45F\n\nP 36A, r 5 (1).\n\nCERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA\n\nI certify that:—\n\n> (a) On *(date)* leave under section 9 of the [Evidence and Procedure (New Zealand) Act 1994](http://www.legislation.gov.au/) of the Commonwealth was given to serve in New Zealand a subpoena issued by this Court;\n\n> (b) A copy of the subpoena and a copy of the order giving leave are annexed to this certificate;\n\n> (c) *(name of person named)*, the person named in the subpoena, failed to comply with it; and\n\n> (d) *{*No application to set aside the subpoena either wholly or in part has been made.\n\n*OR*\n\nAn application to set aside the subpoena was dismissed by order made on *(date)*. A copy of this order is annexed to this certificate.*}*\n\n| Date— |  |\n|  | By the Court |\n|  | Registrar |\n|  | (Seal of Court to be affixed) |\n\nForm 45G\n\nP 36A, r 6 (7).\n\nOBJECTION TO DETERMINATION WITHOUT HEARING\n\nThe *(identify objector)* objects to the application to set aside the subpoena *(identify subpoena)* being determined without a hearing.\n\nForm 45H\n\nP 36A, r 6 (8).\n\nREQUEST FOR HEARING BY VIDEO LINK OR TELEPHONE\n\nThe *(applicant)* requests that the hearing of the application to set aside the subpoena (identify subpoena) be heard by video link or telephone.\n\nForms 46–51\n\n(Repealed)\n\nFORM 51A\n\n(*Certificate under section 13 of the [Foreign Judgments Act 1973](/view/html/repealed/current/act-1973-039) or section 15 of the [Foreign Judgments Act 1991](http://www.legislation.gov.au/) of the Commonwealth*)\n\nP 41, r 15B (2).\n\n**CERTIFICATE**\n\nI certify that—\n\n> (a) a statement of claim *(or* summons), a copy of which is annexed hereto marked “A”, was filed in the registry of the Division of this Court on *(date)* by *(name)*, the abovenamed plaintiff, claiming against *(name)*, the abovenamed defendant, payment of the sum of *(amount) (or state shortly the nature of the relief claimed)* in respect of *(state shortly the causes of action)*;\n\n> (b) the said statement of claim *(or* summons) was on *(date)* served on the said defendant *(state the mode of service) (or* the said defendant entered an appearance on *(date)* );\n\n> (c) the said plaintiff obtained judgment against the said defendant in this Court for payment of the sum of *(amount) (or state shortly the terms of the judgment)* in respect of *(state shortly the causes of action)* together with $ for costs;\n\n> (d) the said judgment was obtained *(state the grounds on which the judgment was based)*;\n\n> (e) the following *(or* no) objections have been made to the jurisdiction of this Court *(state the objections, if any)*;\n\n> (f) *(state the position relating to the time for appealing or discharging or setting aside the judgment or for apply for a new trial or for a stay of execution)*;\n\n> (g) *(where the judgment was entered by default)*, the defendant may apply, but has not applied, to set aside the judgment;\n\n> (h) notice of appeal has *(or* has not) been filed;\n\n*(If interest is payable on the judgment*\n\n> (i) *(where the rate of interest is specified in the judgment* interest is payable from *(date of judgment)* at the rate of *(rate)* % yearly on so much of the sum of *(amount)* as is from time to time unpaid;)  \n> *(otherwise*  \n> interest is payable—\n> \n> > (i) from *(date of judgment)* up to and including the date hereof at the following rate *(or* rates)—\n> > \n> > > *(rate prescribed by Part 40 rule 7 (2) or, where more than one rate applies, the prescribed rates and the period during which each rate applies)*; and\n> \n> > (ii) from the date hereof at the rate of *(prescribed rate applicable at the date of the certificate)*, or at such other rate or rates as may be prescribed from time to time,\n> \n> on so much of the sum of *(amount)* as is from time to time unpaid;))\n\n> (j) *(give information, similar to that contained in (j), in respect of costs of the proceedings.)*\n\n> (k) (*any other necessary particulars*);\n\n> (l) the costs of obtaining this certificate and copy of a minute of the judgment are $ *(see Part 52A rule 47)*.\n\nDated\n\n|  | (signature)(title of person certifying) |\n\nForms 52–54\n\n(Repealed)\n\nForm 55\n\nP 42, r 8 (3).\n\n(*No heading or title: for subscribing to the minute of order*.)\n\nTo (*name of corporation*) and (*name of officer*)—\n\nIf (*name of corporation*) neglects to obey this order within the time specified in the order (disobeys this order, *as the case may be*) (*name of officer*) and (*name of corporation*) will be liable to sequestration of property and (*name of officer*) to imprisonment.\n\nForms 56–70\n\n(Repealed)\n\nForm 70AA\n\nP 65C, rr 3 (4), 4 (4).\n\nOATH OF OFFICE\n\nI, *(name)* of *(address)* do swear that *(if the oath is taken in relation to proceedings commenced or proposed to be commenced under the [Mutual Recognition Act 1992](http://www.legislation.gov.au/) of the Commonwealth or under the [Trans-Tasman Mutual Recognition Act 1997](http://www.legislation.gov.au/) of the Commonwealth, add* if I am enrolled as a legal practitioner by the Supreme Court of New South Wales) I will truly and honestly conduct myself in the practice of a legal practitioner of the Supreme Court of New South Wales and I shall faithfully serve as such in the administration of the laws and the usages of that State according to the best of my knowledge, skill and ability.\n\n|  | (Signature of person taking oath) |\n|  | .................... |\n\nCERTIFICATE\n\nI, *(name)* of *(address)*, certify that I duly administered the above oath on *(date)*  \n*(date)*\n\n|  | (Signature of a person administering oath) |\n|  | .........................(Office of person administering oath) |\n\nForms 70A–74\n\n(Repealed)\n\nForm 74AA\n\n(*Subpoena to a natural person: criminal proceedings*)\n\nP 75, r 2 (1) (r).\n\nSUBPOENA FOR PRODUCTION\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but—\n> \n> > (i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;\n> \n> > (ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.\n\nSCHEDULE\n\n(8)\n\n| Dated 19 | By the Court,(9) |\n\nIssued at the request of (10) whose address for service is (10A).\n\nNote that—\n\n> (1) if you do not comply with this subpoena you may be arrested.\n> \n> (*If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused)* add—\n\n> (2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).\n> \n> *or*\n> \n> (*If the subpoena is issued at the request of the accused or at the request of the Solicitor (for Public Prosecutions on behalf of the accused*) add—\n\n> (2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.\n\n> (3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.\n\n> (4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.\n\n> (5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.\n\n*Directions for completing the above form.*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* \\[7 May 19 .\\]\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *description of documents and things.*\n\n> (9) *signature and description of officer of the Court.*\n\n> (10) *state person at whose request the subpoena was issued*.\n\n> (10A) *address for service*.\n\n> (11) *notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.*\n\nForm 74AB\n\n(*Subpoena to a corporation for production and for its proper officer to answer questions concerning (possession, etc., of documents: criminal proceedings*.)\n\nP 75, r 2 (1) (r).\n\nSUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that—\n\n1\\. (1) “the corporation” shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to attend and produce them—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 a.m. (7) and until the officer is excused by the Court from further attending; but—\n> \n> > (i) the corporation need not comply with this subpoena if the party who requested its issue has excused the corporation from compliance;\n> \n> > (ii) if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the [Evidence Act 1898](/view/pdf/asmade/act-1898-11) would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;\n> \n> > (iii) the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.\n\n2\\. the officer who is to attend shall make inquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.\n\nSCHEDULE  \n(8)\n\n| Dated 19 . | By the Court,(9) |\n\nIssued at the request of (10) whose address for service is (10A).\n\nNote that—\n\n> (1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means.\n\n(*If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add*—\n\n> (2) if you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);\n\n*or*\n\n(*If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused*) *add*—\n\n> (2) you are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;\n\n> (3) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may in writing on or attached to this subpoena request that they be posted to it at another address given by it;\n\n> (4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;\n\n> (5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.\n\n*Directions for completing this form.*\n\n> (1) *name of corporation.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *description of documents and things.*\n\n> (9) *signature and description of officer of the Court.*\n\n> (10) *state person at whose request the subpoena was issued*.\n\n> (10A) *address for service*.\n\n> (11) *notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.*\n\nForm 74AC\n\n(*Subpoena to give evidence: criminal proceedings*)\n\nP 75, r 2 (1) (r).\n\nSUBPOENA TO GIVE EVIDENCE\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that you shall attend for the purpose of giving evidence—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but—\n> \n> > (i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;\n> \n> > (ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.\n\n| Dated 19 . | By the Court, (8) |\n\nIssued at the request of (9) whose address for service is (9A)\n\nNote that—\n\n> (1) If you do not comply with this subpoena you may be arrested; and\n\n(*If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add*—\n\n> (2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);\n\n*or*\n\n(*If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused*) *add*—\n\n> (2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;\n\n> (3) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.\n\n*Directions for completing the above form.*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or on a date during the sittings beginning on* (5) *and ending on* (7)*, notice of which date will be given to you.*\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *signature and description of officer of the Court.*\n\n> (9) *state person at whose request the subpoena was issued*.\n\n> (9A) *address for service*.\n\n> (10) *notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.*\n\nForm 74AD\n\n(*Subpoena for production and to give evidence: criminal proceedings*).\n\nP 75, r 2 (1) (r).\n\nSUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE\n\n| To | (1) |\n|  | (2) |\n\nTHE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence—\n\n> (a) before the Court (3);\n\n> (b) at (4);\n\n> (c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but—\n> \n> > (i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;\n> \n> > (ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for production or attendance to a later time.\n\nSCHEDULE  \n(8)\n\n| Dated 19 . | By the Court,(9) |\n\nIssued at the request of (10) whose address for service is (10A).\n\nNote that—\n\n> (1) if you do not comply with this subpoena you may be arrested.\n\n(*If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add*—\n\n> (2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).\n\n*or*\n\n(*If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused add*—\n\n> (2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.\n\n> (3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.\n\n> (4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.\n\n> (5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.\n\n*Directions for completing the above form.*\n\n> (1) *name.*\n\n> (2) *address.*\n\n> (3) *or as the case may require.*\n\n> (4) *address of Court or other place.*\n\n> (5) *date, for example,* 7 May 19 .\n\n> (6) *or* on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.\n\n> (7) *date, for example,* 21 May 19 .\n\n> (8) *description of documents and things.*\n\n> (9) *signature and description of officer of the Court.*\n\n> (10) *state person at whose request the subpoena was issued*.\n\n> (10A) *address for service*.\n\n> (11) *notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.*\n\nForm 74AE\n\n(*Form of indictment*)\n\nP 75, r 3D (1).\n\n*(Under the description* INDICTMENT *on the form insert a statement of the nature of the offence, for example* for murder *and, if a statutory offence, insert under that statement* under s. ..... of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)*or as the case may require.*\n\nNew South Wales\n\nOn 7 May 20 the Attorney General (*or* Director of Public Prosecutions) on behalf of Her Majesty (*or as the case may require: see ss. 8 and 9 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)*) charges that (*state the offence and its Law Part Code, if any*).\n\n(*signature, full name and capacity of signatory: see s 126 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)*.)\n\nForms 74AF–74AH\n\n(Repealed)\n\nForm 74AHA\n\nP 75, r 3FA.\n\n**OBJECTION TO CONFIRMATION OF FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL**\n\nI, *(full name)* of  \n*(address)* object to confirmation of the forfeiture order made by the Supreme Court\\*/Court of Criminal Appeal\\* on *(date)* in these proceedings.\n\n\\**delete as required*\n\nThe order affects me in the following manner—  \n*(state how you are affected)*  \n  \n  \n\nI rely on the following grounds—  \n*(state grounds of objection)*  \n  \n  \n  \n  \n\nSigned—\n\nDate—\n\nTime for hearing—\n\nPlace—\n\nForm 74AHB\n\nP 75, r 3FB.\n\n**APPLICATION TO SET ASIDE FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL**\n\nI, *(full name)* of  \n*(address)* apply to set aside the forfeiture order made by the Supreme Court\\*/Court of Criminal Appeal\\* on *(date)* in these proceedings.\n\n\\**delete as required*\n\nThe order affects me in the following manner—  \n*(state how you are affected)*  \n  \n  \n\nI rely on the following grounds—  \n*(state grounds of application)*  \n  \n  \n  \n  \n\nSigned—\n\nDate—\n\nTime for hearing—\n\nPlace for hearing—\n\nForm 74AI\n\n(Repealed)\n\nForm 74AJ\n\nP 75, r 3H (1)\n\nELECTION UNDER S. 132 (1) OF THE CRIMINAL PROCEDURE ACT 1986\n\nI, , of , being charged with *(short details of the charge, or all of the charges, in the proceedings)*, elect to be tried by a Judge alone in respect of the alleged offence(s).\n\nI have before making this election sought and received advice in relation to the election from barrister *(or* solicitor*)*.\n\nThe date fixed for my trial is 19 .\n\nDated—\n\n|  | Accused |\n| Witness to signature of accused |  |\n\nFull name and address of witness—  \nThe Director of Public Prosecutions consents to this election.  \nDated—\n\n*(Signature and description)*\n\nForm 74AK\n\nP 75, r 3H (1)\n\nELECTION UNDER S. 132 (5) OF THE CRIMINAL PROCEDURE ACT 1986\n\nI, , having previously elected to be tried by a Judge alone in respect of these proceedings, now elect to be tried by a jury.\n\nThe date fixed for my trial is 19 .\n\nDated—\n\n|  | Accused |\n| Witness to signature of accused |  |\n\nFull name and address of witness—\n\nForm 74A\n\n(*Summons under the Part 5 of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)*.)\n\n(*To be set out in accordance with Form 1*.)\n\n*(name)*  \nprosecutor  \n*(name)*  \ndefendant\n\nSUMMONS\n\nThe plaintiff claims—\n\n1\\. An order that the defendant (*name)* appear before a Judge of the Court to answer to the offence that (*state the offence*).\n\n*or*\n\n1\\. An order that the defendant (*name*) be apprehended for the purpose of being brought before a Judge of the Court to answer to the offence that (*state the offence*).\n\n2\\. That the defendant be dealt with according to law for commission of the above offence.\n\nTime and place for hearing the application for the above orders—  \nTime: 19 19 at 10 a.m.  \nPlace: (*address of Court*)  \nProsecutor: (*name and address*)  \nProsecutor’s address for service: (*Part 9 rule 6*).  \nAddress of Registry—\n\n(*signature*)  \nPlaintiff’s solicitor\n\nFiled: 19 .\n\nForm 74B\n\nP 75, r 8.\n\n(*Minute of order under section 246 (1) (a) of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)*.)\n\n(*Heading and title as in Form 74A*.)\n\nORDER\n\nTo the defendant (*name, address and occupation*)—\n\nTHE COURT ORDERS you to appear before a Judge of the Court at (*address of Court*) on 19 , at 10 a.m., to answer to the offence alleged by the prosecutor that (*state the offence alleged*).\n\n(*Complete as in general form of minute of order under Part 41 rule 11*.)\n\nForm 74C\n\nP 75, r 8.\n\n(*Minute of order under section 246 (1) (b) of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)*.)\n\n(*Heading and title as in Form 74A*.)\n\nORDER\n\nTo all members of the police force (*add, where section 246 (4) of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) applies,* and to )—\n\nTHE COURT ORDERS you to arrest (*name*) and bring him before a Judge of the Court to answer to the offence alleged by the prosecutor that (*state offence alleged*).\n\n(*Complete as in general form of minute of order under Part 41 rule 11*.)\n\nForms 74D–89A\n\n(Repealed)\n\nForm 89B\n\n*(Notice of claim for provision under the [Family Provision Act 1982](/view/html/repealed/current/act-1982-160))*\n\nP 77, r 63.\n\nNOTICE OF CLAIM\n\nThe plaintiff has applied to the Court under the [Family Provision Act 1982](/view/html/repealed/current/act-1982-160), for an order for provision for him out of the estate of (*name*) deceased who died on 19 .\n\nIf you are entitled to, and wish to apply for, an order for provision for you out of that estate you must apply within a period prescribed by the Act or allowed by the Court. If you do not, before the Court deals with the plaintiff’s application, apply for an order for provision for you out of that estate, the Court may deal with the plaintiff’s application without regard to any possible application by you.\n\nDated—\n\n|  | (signature) |\n|  | Solicitor for the administrator(address for service)(or as the case may be) |\n\nForms 89C–121A\n\n(Repealed)\n\nForm 122\n\nP 79, r 8.\n\n(*Petition under the [Parliamentary Electorates and Elections Act 1912](/view/html/repealed/current/act-1912-041).*)\n\n(*To be set out in accordance with Form 1.*)\n\n|  | In the Matter of the Election of aMember of the LegislativeAssembly for the ElectoralDistrict of (place). |\n|  | (name)petitioner(name)respondent |\n\nPETITION\n\nTo the Court of Disputed Returns—\n\n(*The statement of facts shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject matter. The facts shall include a description of the petitioner in terms of section 157 (c) of the subject Act, the date and result of the election, the date on which the writ was returned and the facts relied on to invalidate the election or return.*)\n\nThe petitioner prays that—\n\n> (a)\n\n> (b)\n\nTo the respondent (*address*)—\n\nYou are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (*or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial,*“or Sub-Registry”) within 14 days after service of this petition upon you.\n\nPetitioner: (*name, address*).  \nPetitioner’s Address for Service: (*Part 9 rule 6 (1*)).  \nAddress of Registry—\n\n(*where a place in the Riverina is the nominated place of trial, add*\n\n> “Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”.)\n\n(*where a place in the Central West is the nominated place of trial, add*\n\n> “Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.)\n\n(*where a place in the Northern Rivers district is the nominated place of trial, add*\n\n> “Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).\n\n|  | (signature)Petitioner |\n\nSigned by the Petitioner in our presence at (*place*) on (*date*).\n\n|  | (signature)(full name, address and occupation) |\n|  | (signature)(full name, address and occupation) |\n\n(*The rules which apply where a deponent making an affidavit if illiterate or blind shall apply in respect of each witness, making such changes as it is necessary to make, where a petitioner is illiterate or blind.*)\n\n(*Form 4 does not apply.*)\n\nForm 123\n\nP 79, r 9.\n\n(*Notice of filing petition under the [Parliamentary Electorates and Elections Act 1912](/view/html/repealed/current/act-1912-041).*)\n\nNOTICE OF DISPUTED ELECTION (*OR* RETURN) OF A MEMBER OF THE LEGISLATIVE ASSEMBLY\n\nA petition was, on (*date*), filed with the Prothonotary of the Supreme Court disputing the election (*or return*) of (*name*) as a member of the Legislative Assembly for the Electoral District of (*place*).\n\nThe facts relied on to invalidate the election (*or* return) are as follows—\n\n> (a)  \n> (*state the facts as concisely as may be*)\n\n> (b) The petition prays that—  \n> (*set out the claims for relief prayed for in the petition*)\n\nPetitioner: (*name, address and occupation*).\n\n(*Form 4 does not apply.*)\n\nForm 124\n\nP 79, r 31.\n\n(*Notice of a reference under the [Parliamentary Electorates and Elections Act 1912](/view/html/repealed/current/act-1912-041).*)\n\nNOTICE OF A REFERENCE OF A QUESTION TO THE COURT OF DISPUTED RETURNS\n\nThe following question respecting the qualification of a member of the Legislative Assembly (*or* respecting a vacancy in the Legislative Assembly) was, on ,  \n19 , referred to the Court of Disputed Returns for its determination, namely—\n\n> (*state the question*)\n\n> (*name*), Speaker of the Legislative Assembly.\n\n(*Form 4 does not apply*)\n\nForm 125\n\n(*Notice of application for reduction of capital and of list of creditors.*)\n\nP 80, r 9.\n\n(*No heading or title.*)\n\nNOTICE OF APPLICATION RELATING TO\n\n(*name of company in capitals.*)\n\nAn application has been made to the Supreme Court to confirm a resolution of the above Company for reducing its capital from $ (*or as the case may be*). A list of the persons admitted to have been creditors of the Company on (*date*), may be inspected at the office of the Company at (*address*) or at the office of the undersigned at any time during usual business hours, on payment of the charge of ($ *Schedule G item 22*).\n\nAny person who claims to have been, on the last mentioned day and still to be, a creditor of the company, unless he belongs to the following class or classes (*set out class or classes*) and is not entered on the said list and claims to be so entered, must on or before (*date*), send his name and address, and the particulars of his debt or claim (and the name and address of his solicitor, if any) to the undersigned or in default thereof he will be precluded from objecting to the proposed reduction of capital.\n\nEvery admitted creditor who does not consent thereto shall be entitled to object.\n\nAny creditor who has not received notice that his name is entered on the list of creditors must send to the undersigned particulars of his name and address.\n\n|  | (name of plaintiff’s solicitor) |\n| (No date is required.) | (address for service) |\n| (Form 4 is not applicable.) |  |\n\nForm 126\n\n(*Notice of application under ss. 123 (5), 320 and 363 (1) of the Code.*)\n\n(*No heading or title.*)\n\nNOTICE OF APPLICATION RELATING TO  \n(*Name of Company in capitals*.)\n\nP 80, rr 9 (4) (b), 10 and 18.\n\nIn respect of proceedings commenced on (*date*), application will be made by (*name of plaintiff*) (*or if applicable, name of substituted plaintiff,* who has, with the leave of the Court, in respect of a summons filed on (*date*) been substituted as plaintiff) to the Supreme Court of New South Wales at a.m. on (*date*) at\n\n(*address of Court*)\n\n*where application is made for an order under section 123 (5) of the Code without fixing a date for (settling a list of creditors* to confirm a resolution of the Company to reduce its share capital from $ to $ , such reduction to be effected by (*state how the reduction is to be effected*).\n\n*or*\n\n*where application is made for an order under section 320 of the Code* for an order under section 320 of the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a), in respect of the above Company *and, where an order for winding up is sought* including an order that the Company be wound up.\n\n*or*\n\n*where application is made for an order under section 364 (1) of the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a),* for an order that the Company be wound up.\n\n*or*\n\n(*state the orders sought)*\n\nCopies of documents filed may be obtained under the rules.\n\nAny person intending to appear at the hearing must serve a notice in the prescribed form so as to reach the address below not later than 1 p.m. on (*specify the date, for example* 7 May 19 *by reference to Part 80 rule 20* (*3*)).\n\n|  | (name of plaintiff’s solicitor) |\n| (No date is required.) | (address for service) |\n\n(*Form 4 is not applicable*.)\n\nForm 127\n\n(*Affidavit verifying list of creditors.*)\n\nP 80, r 10.\n\nAFFIDAVIT\n\nOn 7 May 19 I (*name, address and occupation*) say on oath—\n\n> 1. I am the secretary, (*or as the case may be*) of the plaintiff.\n\n> 2. The document produced to me, and marked “A”, contains a list of the creditors of and persons having claims upon the said Company (*or* a list of the creditors of and persons having claims upon the said Company except those of the following class (*or* classes—*set out class or classes*) on (*date*) (*the date fixed by the Court*) together with their addresses, and the nature and amount of their debts or claims, and such list is, to the best of my knowledge and belief, a true and accurate list of persons having claims on that day, and of the nature and amount or estimated value of their debts or claims.\n\n> 3. To the best of my knowledge and belief there was not, at that date, any debt or claim which, if that date were the commencement of the winding up of the said Company, would be admissible in proof against the said Company other than and except the debts and claims set forth in the said list.\n\n> 4. I am able to make this statement from facts within my knowledge as the of the said Company, and from information derived upon investigation of the books of the said Company.\n\n| Sworn at | } |  |\n|  | “A” |\n| before me |  |\n\n| Name, address and description of creditor or claimant | Nature of debt or claim | Amount of estimated value of debt or claim |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n|  |  |  |\n\nThis list of creditors and claimants marked “A” was produced and shown to *AB* at the time of swearing his affidavit before me on (date).\n\n*XY*\n\n*\\[Where applicable, include the note required by Part 38 rule 6 (4) (a)\\]*\n\nForm 128\n\n(*Notice to creditors.*)\n\nP 80, r 10.\n\n*To (name and address of creditor).*\n\nAn application has been made to the Supreme Court to confirm a special resolution of the above Company for reducing its capital from $ to $ . In the list of persons admitted by the Company to have been its creditors on (*date*) (*here insert any qualification which may have been directed*) your name is entered as a creditor for (*nature and amount or estimated value of debt or claim*).\n\nIf you claim to have been on the last-mentioned day a creditor in a larger amount than is stated above, you must on or before (*date*), send the particulars of your claim, your name and address (and the name and address of your solicitor, if any) to the undersigned otherwise the above entry in the list of creditors will, in all the proceedings under the above application to reduce the capital of the Company, be treated as correct.\n\nDated 19 .\n\n(*Name of plaintiff’s solicitors.*)\n\nForm 129\n\n(*Affidavit as to claims.*)\n\nP 80, r 10.\n\nAFFIDAVIT\n\nOn 7 May 19 I, *CD,* of &c (*for example,* the secretary of the said Company) and on 11 May 19 , I, *EF,* of &c (*for example,* the solicitor for the said Company) and on 12 May 19 I, *AB,* of &c (*for example,* the managing director of the said Company) say on oath—\n\nI, the said *CD* for myself say—\n\n|  | 1. I did, on 19 , in the manner hereinafter mentioned, serve a true copy of the notice now produced to me and marked “B” upon each of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked “A”, referred to in the affidavit of filed on 19 . |\n|  | 2. I served the copies of the said notice by (for example putting such copies duly addressed to such persons according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons) and with the proper postage stamps affixed thereto as prepaid letters, into the post office in (street) between a.m. and a.m. on 19 ). |\n\nAnd I, the said *EF,* for myself say—\n\n|  | 3. A true copy of the notice now produced to me, and marked “C”, has appeared in the of 19 , 19 , &c. |\n|  | 4. I have, in the document now produced and shown to me and marked “D”, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice “B”, now produced and shown to me by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors, marked “A”, referred to in the affidavit of sworn on 19 , (or no person has sent to me pursuant to the said notice “B” a claim to be entered on the said list for a larger sum than in respect of which he is entered in the said list marked “A”.) |\n|  | 5. I have, in the document now produced and shown to me, marked “E”, set forth a list of all claims, the particulars of which have been sent to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the Company on 19 , not appearing on the said list of creditors marked “A”, and who claimed to be entered thereon (or no claims have been sent to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list “A” and claimed to be so entered). |\n\nAnd we, *CD* and *AB,* for ourselves say—\n\n|  | 6. We have in the first part of the said document marked “D”, (now produced and shown to us), and also in the first part of the said document marked “E”, (also produced and shown to us), respectively set forth such of the said debts and claims as are admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the Company contends are wholly or as to any and what part thereof not included in the enquiry in this matter. |\n|  | 7. We have, in the second part of such of the said documents marked “D” and “E”, set forth such of the said debts and claims as are wholly disputed by the Company and such of the same debts and claims as the Company contends would even if admitted be wholly (or as to what part thereof) not included in the enquiry in this matter. |\n\nAnd I, the said *CD* further say—\n\n|  | 8. All rents, rates, taxes, salaries, wages and other incidental expenses current on 19 and since become due have been paid and discharged by the Company. |\n\n| Sworn by (name) at | } |\n|  |\n| before me (and so on) |\n\nEXHIBIT D\n\nD  \n(*heading and title.*)\n\nLIST OF DEBTS AND CLAIMS of which the particulars have been sent to  \nby persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors made out by the Company.\n\nThis document marked “D”, was produced and shown to *CD, EF,* and *AB,* respectively, and is the same as is referred to in their affidavit sworn before me on  \n19 .\n\n*XY*\n\nFirst Part  \nDebts and claims wholly or partly admitted by the Company\n\n| Names and addresses and description of creditors | Particulars of debt or claim | Amount claimed | Amount admitted by the Company to be owing to creditor | Amounts admitted by the Company to be owing but which it is contended are not within the enquiry |\n|  |  |  |  |  |\n|  |  |  |  |  |\n|  |  |  |  |  |\n\nSecond Part  \nDebts and claims wholly disputed by the Company\n\n| Names, addresses and descriptions of claimants | Particulars of claim | Amount claimed | Amounts which, even if admitted, it is contended would not be within the enquiry |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n\nEXHIBIT E\n\nE  \n(*heading and title*.)\n\nLIST OF DEBTS AND CLAIMS of which the particulars have been sent to  \nby persons claiming to be creditors of the Company and to be entered on the list of the creditors made out by the Company.\n\nThis document marked “E” was produced and shown to *CD, EF* and *AB,* respectively, and is the same as is referred to in their affidavit sworn before me on  \n19 .\n\n*XY*\n\nFirst Part  \n(*Same as in Exhibit D.*)\n\nSecond Part  \n(*Same as in Exhibit D.*)\n\n(*Note: names are to be inserted alphabetically.*)\n\n*\\[Where applicable, include the note required by Part 38 rule 6 (4) (a)\\]*\n\nForm 130\n\nP 80, r 10.\n\n(*Notice to creditors to prove debts.*)\n\nTo (*Name and address*).\n\nYou are hereby required to prove the debt claimed by you against the above company by filing your affidavit in the registry of the Court, Sydney, and serving a copy on the undersigned on or before 19 , and you are to attend before in at the Supreme Court, Sydney, on 19 , at a.m. being the time appointed for hearing and adjudicating on the claim, and produce any securities or documents relating to your claim.\n\nIn default of your complying with the above directions, you will be precluded from objecting to the proposed reduction of the capital of the company (*or,* in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors).\n\nDated 19 .\n\n|  | (Signed)Solicitor for the Company(address) |\n\nForm 131\n\n(*Summons under section 184 (3) of the Code.*)\n\nP 80, r 12.\n\nSUMMONS UNDER SECTION 184 (3) OF THE COMPANIES (NEW SOUTH WALES) CODE\n\nTHE COURT ORDERS that—\n\n(*name*) *of* (*address*) shall appear before the Court at (*place*) on (*date*) at a.m. and show cause why the document mentioned in the schedule below should not be delivered up and produced by bringing the said document into the office of (*name of Company*) at (*office of Company*) within (*state the period as ordered*) to have the said document cancelled (*or as the notice required*) and the transfer of the said document registered (*or as ordered*).\n\nSCHEDULE\n\n(*description of document.*)\n\n(*Complete as in general form of minute or order, Form 51.*)\n\nForm 132\n\n(*Summons claiming winding up order under section 364 (1) of the Code.*)\n\nP 80, r 18.\n\nSUMMONS\n\nThe plaintiff claims—\n\n1\\. An order that the defendant be wound up under the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a).\n\n2\\. An order that a liquidator of the defendant be appointed (*or where a person is proposed* that (*name*) be appointed liquidator of the defendant).\n\nForm 133\n\n(*Note of intention to appear on hearing.*)\n\nP 80, r 20.\n\nHe intends to appear on the hearing (*add, where he intends to support the plaintiff’s application* and support the plaintiff’s application *or where he intends to oppose the plaintiff’s application* and oppose the plaintiff’s application). He is a creditor for $ of the Company (*or* a contributory holding *number and class of shares held* shares in the Company).\n\n(*No date is required*.)\n\n(*Form 4 is not applicable.*)\n\nForm 134\n\nP 80, r 20.\n\nNOTICE RELATING TO PERSONS INTENDING TO APPEAR ON THE HEARING\n\nParticulars relating to persons who have given notice of their intention to appear on the hearing are set out below.\n\n| Name | Address | Solicitor | Creditor’sdebt$ | Contributory’sshares: numberand class | “Supporting”,“Opposing” orleave blank |\n|  |  |  |  |  |  |\n|  |  |  |  |  |  |\n|  |  |  |  |  |  |\n\nForm 135\n\n(*Minute of order substituting a plaintiff in a winding up application*)\n\n(*Title before this order*)\n\nP 80, r 21.\n\nORDER\n\nTHE COURT ORDERS that—\n\n> 1. (*name*) be substituted as plaintiff;\n\n> 2. the substituted plaintiff amends the summons accordingly;\n\n> 3. the substituted plaintiff serve on the defendant personally a minute of this order and the amended summons;\n\n> 4. the substituted plaintiff publish a notice in accordance with Form 126 and otherwise comply with the requirements of the rules as if he were the former plaintiff making the application made in the summons;\n\n> 5. the date appointed for hearing be adjourned to (*date*);\n\n> 6. the costs of the substituted plaintiff of this application be the substituted plaintiff’s costs of proceedings on the application (*or as ordered*).\n\n(*Complete as in general form of minute of order, Form 51.*)\n\nForm 135A\n\n(*Notice to liquidator of appointment*)\n\nP 80, r 22A.\n\nTo: (*name and address of liquidator*).  \n(*name and registered office of Company*) was wound up by order of the Court on (*date*) and you were appointed to be the liquidator. The application for the winding up was filed on (*date on which the summons was filed*).\n\nForm 136\n\n(*Minute of winding up order.*)\n\nP 80, r 23.\n\nORDER\n\nTHE COURT ORDERS that—\n\n> 1. the defendant be wound up by the Court under the provisions of the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a);\n\n> 2. (*name and address*) be the liquidator of the defendant;\n\n> 3. (*any directions under section 370 (2) (b) of the Code*);\n\n> 4. that the plaintiff be at liberty to apply as he may be advised (*or as ordered*).\n\n(*Complete as in general form of minute of order, Form 51.*)\n\nForm 136A\n\n(*Notice to provisional liquidator of appointment*)\n\nP 80, r 26.\n\nTo: (*name and address of provisional liquidator*)—\n\nOn: (*date*) the Court appointed you to be the liquidator of (*name and registered office of the Company*) provisionally.\n\nForm 137\n\n(*Notice of appointment of provisional liquidator.*)\n\n(*No heading or title.*)\n\nP 80, r 26.\n\nNOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR\n\nOn (*date*), the Supreme Court appointed (*name in capitals, address*) to be the liquidator of (*name of company in capitals*) provisionally.\n\n(*name of plaintiff’s solicitor*)  \n(*address for service*)\n\n(*No date required.*)  \n(*Form 4 is not applicable.*)\n\nForm 138\n\n(*No heading or title.*)\n\nNOTICE OF WINDING-UP ORDER\n\n(*Name of Company in capitals.*)\n\nP 80, r 28.\n\nOn (*date*) the Supreme Court made an order that the Company be wound up by the Court and appointed me to be liquidator.\n\n|  | (name of liquidator)(address) |\n| (No date required.)(Form 4 does not apply.) |  |\n\nForm 139\n\n(*Certificate of liquidator of resolution of meeting of Committee of Inspection* (*or creditors and/or contributories*))\n\nP 80, r 33.\n\n(*Title*)\n\nI certify that the document attached hereto and marked “A” is a true copy of the resolution of a meeting of the Committee of Inspection (creditors and contributories *or* creditors *or* contributories) of the Company held at on (*date*).\n\nDated .\n\n|  | (Signature) |\n|  | Liquidator |\n\nForm 140\n\n(*Report.*)\n\nP 80, r 36, 52.\n\nREPORT BY LIQUIDATOR (*or as the case may be*)\n\n*or*\n\n| Dated— | (signature) |\n|  | Chairman |\n\nForm 141\n\n(*Affidavit by special manager verifying his accounts.*)\n\nP 80, r 38.\n\nAFFIDAVIT\n\nOn 19 I (*name, address and occupation*) say on oath—\n\n> 1. I am the special manager of the property and business (*or as the case may be*) of the Company.\n\n> 2. The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from (*date*) to (*date*).\n\n> 3. I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.\n\n| Sworn at | } |\n|  |\n| before me |\n\n*\\[Where applicable, include the note required by Part 38 rule 6 (4) (a)\\]*\n\nForm 142\n\n(*Requirement by liquidator under section 384 (1) of the Code.*)\n\nP 80, r 40.\n\nREQUIREMENT TO PAY MONEY, etc. TO LIQUIDATOR\n\nTo (*name and address*)—\n\n> 1. I am the liquidator of (*name of Company.*)\n\n> 2. Pursuant to section 384 (1) of the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a), I require you to pay (*or* deliver, convey, surrender or transfer) to me, forthwith (*or* not later than (*number*) days from the date of this requirement) (*or such time as the liquidator directs*) $ (*or describe the property or books*)  \n> \\[*or* any money, property or books to which the Company is prima facie entitled.\n\nIn this requirement—\n\n> (a) “accounting records” includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;\n\n> (b) “books” includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document;\n\n> (c) a reference to writing shall be construed as including a reference to any mode of representing or reproducing words, figures or symbols in a visible form;\n\n> (d) “printed” includes type-written, lithographed or reproduced by any mechanical means; and\n\n> (e) “document” includes—\n> \n> > (i) any paper or other material on which there is writing or printing, or on which there are marks, symbols, or perforations having a meaning for persons qualified to interpret them; and\n> \n> > (ii) a disc, tape or other article from which sounds, images or messages are capable of being reproduced and, without limiting the generality of the foregoing, includes any summons, order and other legal process and any notice;\n\n> (f) “property” means any legal or equitable interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes things in action\\].\n\nDated—\n\n(*signature*)  \n(*name*)  \n(*address*)\n\n(*Form 4 does not apply.*)\n\nForm 143\n\n(*Notice of meeting of committee of inspection to sanction a call*.)\n\nP 80, r 41.\n\nA meeting of the committee of inspection will be held at on (*date*) at a.m. for the purpose of considering, and if thought fit passing, a resolution that the making by the liquidator of a call of $ per share on all of the contributories (*or as the case may be*) be sanctioned.\n\nDated—\n\n|  | (signature) |\n|  | Liquidator |\n|  | (address) |\n\nForm 144\n\n(*Statement with notice of meeting of committee of inspection to sanction a call.*)\n\nP 80, r 41.\n\nSTATEMENT IN SUPPORT OF PROPOSAL FOR CALL\n\n(*state the matters required to be stated by Form 148.*)\n\nDated—\n\n|  | (signature) |\n|  | Liquidator |\n|  | (address) |\n\nForm 145\n\n(*Notice of meeting of committee of inspection to sanction a call.*)\n\nP 80, r 41.\n\n(*No heading or title.*)\n\nI have convened a meeting of the committee of inspection of (*name of Company*) to be held at on (*date*) at a.m. to sanction the making of a call of $ per share on all of the contributories of the Company (*or as the case may be*). Any contributory may make representations to me or the members of the committee in writing before, at, or orally at, the meeting. A statement showing the necessity for the making of the call may be obtained from me.\n\n(*name and address of liquidator*)\n\n(*No date is required*.)  \n(*Form 4 is not applicable.*)\n\nForm 146\n\n(*Resolution of committee of inspection sanctioning a call.*)\n\nP 80, r 41.\n\nResolved on *(date)* that the making by the liquidator of a call of $ per share on all of the contributories of the Company (*or as the case may be*) be sanctioned.\n\n(*signatures*)  \nMembers of the Committee of Inspection.\n\nForm 147\n\n(*Summons for leave to make a call.*)\n\nP 80, r 42.\n\nSUMMONS\n\nThe plaintiff claims an order—\n\n> 1. under section 389 (2) (a) of the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a) that he be granted leave (to make a call of $ per share on all of the contributories of the Company named in column 2 of the schedule below.\n\n> 2. under section 384 (4) of the Code that each contributory pay into *(name of bank)* to the account of the liquidator the amount of the call made on him.\n\nSCHEDULE\n\n| Column 1 | Column 2 | Column 3 | Column 4 |\n| Serial number. | Name and address. | In what character included. | Amount due$ |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n\nForm 148\n\n(*Affidavit in support of application for leave to make a call.*)\n\nP 80, r 42.\n\nAFFIDAVIT\n\nOn 19 I (*name, address and occupation*) say on oath—\n\n> 1. I am the liquidator of the Company.\n\n> 2. The statement annexed hereto marked “A” shows—\n> \n> > (a) the amount due in respect of the debts proved and admitted against the Company and the estimated amount of the costs, charges and expenses of and incidental to the winding up (which amounts form in the aggregate about $ );\n> \n> > (b) the property of the Company which amounts to about $ .\n\n> 3. There is no other property of the Company (*where applicable*) except amounts due from some of the contributories and I believe that these will realise about $ .\n\n> 4. (*number*) persons have been settled by me on the list of contributories of the Company in respect of the total number of shares.\n\n> 5. To satisfy the debts and liabilities of the Company and the costs, charges, and expenses of and incidental to its winding-up, I believe $ will be required in addition to the proceeds of the realization of the profit of the said Company and the amounts referred to in paragraph 3.\n\n> 6. To provide $ (*as in 5*), it is necessary to make a call upon the persons settled on the list of contributories, and, having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that a call of $ per share should be made.\n\n| Sworn at | } |\n|  |\n| before me |\n\n*\\[Where applicable, include the note required by Part 38 rule 6 (4) (a)\\]*\n\nForm 149\n\n(*Notice of application for leave to make a call.*)\n\nP 80, r 42.\n\n(*No heading or title.*)\n\nAn application will be made to the Supreme Court on (*date*) at a.m. (*or* *p.m.*) at (*address of Court*) for leave to make a call of $ per share on all of the contributories of the company (*or as the case may be*). All persons interested are entitled to attend the hearing. A copy of an affidavit showing the necessity for the call may be obtained from me.\n\n(*name and address of liquidator*)\n\n(*No date is required.*)\n\n(*Form 4 is not applicable.*)\n\nForm 150\n\n(*Minute of order giving leave to make a call.*)\n\nP 80, r 42.\n\nORDER\n\nTHE COURT ORDERS that—\n\n> 1. leave be given to the liquidator to make a call of $ per share on all of the contributories (*or as the case may be*);\n\n> 2. each contributory pay into (*name of Bank*) to the account of the liquidator the amount of the call made on him (*or as the case may be*).\n\n(*Complete as in general form of minute of order, Form 51.*)\n\nForm 151\n\n(*Notice of amount of call per share.*)\n\nP 80, r 43.\n\nPursuant to the order of the court made (*or* the resolution of the committee of inspection passed) on (*date*) I will make a call of $ per share on all of the contributories of the Company (*or as the case may be*).\n\nDated—\n\n(*signature*)  \nLiquidator\n\nForm 152\n\n(*Notice of call sanctioned by committee of inspection.*)\n\nP 80, r 44.\n\nOn (*date of resolution*) the committee of inspection sanctioned the making by me of a call of $ per share on all of the contributories of the Company (*or as the case may be*).\n\nI call on you accordingly to pay $ to me on or before (*date*).\n\nIf you do not pay that sum to me on or before that date, I will claim interest on that sum from that date until payment of that sum.\n\n|  | (signature) |\n|  | Liquidator |\n| Dated— |  |\n|  | (name and address) |\n\nForm 153\n\n(*Notice of call permitted by leave of the Court.*)\n\nP 80, r 44.\n\nOn (*date of making of order*) the Court granted leave to me to make a call of $ per share on all of the contributories of the Company (*or as the case may be*) and to pay the amount of the call into (*bank named in the order*) to my account. I call on you accordingly to pay $ into (*bank*) to my account on or before (*date*).\n\nIf you do not so pay the sum on or before that date, I will claim interest on that sum from that date until payment of that sum.\n\nDated—\n\n|  | (signature) |\n|  | Liquidator |\n|  | (name and address) |\n\nForm 154\n\n(*Minute of order under section 541 (3) of the Code for examination.*)\n\nP 80, r 63.\n\nORDER\n\nTHE COURT ORDERS that—\n\n> 1. (*name*) (*address*) attend before the Court at a time and place appointed by the registrar and from day to day until the conclusion of his examination, to be examined in public on oath or affirmation on any matters relating to the promotion, formation, management, administration or winding up of the Company and produce any books in his possession or under his control relevant to those matters;\n\n> 2. (*any directions under section 541 (5) of the Code*).\n\n> 3. the questions put to him and the answers given by him be recorded in writing;\n\n> 4. subject to any further order of the Court, the plaintiff be paid or retain out of the property of the Company his costs of this application and the examination.\n\n(*or as ordered*).\n\n(*Complete as in general form of minute of order, Form 51.*)\n\n(*There may be added to a minute of the above order*—\n\nAPPOINTMENT FOR HEARING\n\nI appoint (*date*) at 10 a.m. at (*address of Court*) for the examination (*or as appointed*).\n\n|  | (Signature) |\n|  | Registrar |\n\nForm 154A\n\n*(Summons under section 596A or 596B of the [Corporations Law](/view/html/inforce/current/sl-1999-0703))*\n\nSUMMONS TO ATTEND FOR EXAMINATION UNDER SECTION 596A (OR 596B) OF THE CORPORATIONS LAW\n\nP 80, r 1D (2).\n\n| To— | (Name)(Address) |\n| 1. | You are required to attend before the Court at the time and place appointed by the Registrar and specified below, to be examined on oath or affirmation about the examinable affairs (as defined in the Corporations Law) of (name of corporation) (“the Corporation”). |\n| 2. | Section 597 (6) of the Corporations Law provides that a person who is summoned under section 596A or section 596B to attend before the Court shall not, without reasonable excuse—(a) fail to attend as required by the summons; or(b) fail to attend from day to day until the conclusion of the examination. |\n| 3. | (If applicable) You are also required to produce at the examination the books (as defined in the Corporations Law) specified in the Schedule below that—(a) are in your possession or custody or under your control; and(b) relate to the Corporation or to any of its examinable affairs. |\n| 4. | (If applicable) Section 597 (7) of the Corporations Law provides that a person who attends before the Court for examination must not—(a) without reasonable excuse, refuse or fail to take an oath or make an affirmation; or(b) without reasonable excuse, refuse or fail to answer a question that the Court directs him or her to answer; or(c) make a statement that is false or misleading in a material particular; or(d) without reasonable excuse, refuse or fail to produce books that the summons requires him or her to produce. |\n\nSCHEDULE\n\n*(if applicable)*  \n*(description of books)*\n\nDated: 19\n\n|  | By the Court |\n|  | Registrar(or as the case may be) |\n\nAPPOINTMENT\n\nI appoint *(date)* at *(time)* at *(address of Court)* for the examination.\n\n|  | (Signature)Registrar |\n\nForm 154BA\n\nP 80A, r 4.\n\nSUMMONS UNDER SECTION 1092 (3) OF THE CORPORATIONS LAW\n\nTHE COURT ORDERS that—\n\n*(name)* of *(address)* shall appear before the Court at *(place)* on *(date)* at a.m. and show cause why the document mentioned in the Schedule below should not be delivered up and produced by bringing the said document into the office of *(name of company)* at *(office of the company)* within *(state the period as ordered)* to have the said document cancelled *(or as the notice required)* and the transfer of the said document registered *(or as ordered)*.\n\nSCHEDULE\n\n*(Description of document)*\n\n*(Complete as in general form of minute or order, Form 51.)*\n\nForm 154B\n\n*(Notice of Application under ss. 246D (5), 254E (1), 411 (4) (b) and (6), 413 (1), 459A, 461, 601FP or 601ND (1))*\n\nP 80A, r 10 (5).\n\n*(No heading or title.)*\n\nNOTICE OF APPLICATION RELATING TO\n\n*(Name of Company in capitals)*\n\nA.C.N. *(specify Australian Company Number of Company)*\n\n*(Name of applicant)* will apply to the Supreme Court of New South Wales at *(time)* on *(date)* at *(address of Court)* for an order *(describe order using appropriate description hereunder)*  \nvalidating an issue of shares *(or* confirming the terms of an issue of shares*)* in the capital of *(name of Company)* under section 254E;\n\n*or*\n\nsetting aside a modification of the constitution of *(name of Company)* under section 246D;\n\n*or*\n\nsetting aside a variation or cancellation of rights of members of *(name of Company)* under section 246D;\n\n*or*\n\napproving a compromise or arrangement by *(name of Company)* with its creditors or members, or a class of creditors or members, under section 411 (4) and (6);\n\n*or*\n\nthat *(name of Company)* be wound up in insolvency under section 459A;\n\n*or*\n\nthat *(name of Company)* be wound up on the ground of *(specify ground)* under section 461;\n\n*or*\n\nthat *(name of proposed temporary responsible entity)* be appointed as the temporary responsible entity of *(specify scheme)* under section 601FP;\n\n*or*\n\nthat *(name of responsible entity)* wind up *(specify registered scheme)* under section 601ND (1);\n\n*or*\n\n*(state other order sought)*.\n\nAny person intending to appear at the hearing must file a notice of appearance in the prescribed form and serve that notice on the applicant at its address for service shown below not later than *(specify the date by reference to Part 80A rule 9 (1))*.\n\n*(name of applicant’s solicitor)*  \n*(address for service)*\n\n*(no date is required)*  \n*(Form 4 does not apply)*\n\nForms 154C–154E\n\n(Repealed)\n\nForm 154FA\n\nP 80A, r 15.\n\n*(No heading or title)*\n\n*(name of creditor)*  \nCreditor  \n*(name of company)*  \nDebtor\n\nAFFIDAVIT UNDER SECTION 459E OF THE CORPORATIONS LAW\n\nOn *(date)*, I, *(name, address and occupation)* say on oath—\n\n> 1 *(Set out the matters referred to in paragraph (b) of Part 80A, rule 15 (1))*.\n\n> 2 I believe that the amount of $ , being the debt *(or* the total of the amounts of the debts*)* specified in the accompanying demand, is due and payable by the debtor to the creditor.\n\n> 3 *(Set out the matters referred to in paragraph (c) of Part 80A, rule 15 (1))*.\n\n> 4 I believe that there is no genuine dispute about the existence or amount of the debt *(or* debts*)* referred to in paragraph 2.\n\n| Sworn at | } |\n| before me |\n\n\\[IMPORTANT NOTE—\n\n> (1) This affidavit accompanies a statutory demand under section 459E of the [Corporations Law](/view/html/inforce/current/sl-1999-0703).\n\n> (2) No proceedings *(or, if applicable,* no winding up proceedings*)* have been commenced in respect of any debt to which this affidavit relates.\n\n> (3) Any questions relating to this affidavit or any debt to which it relates should be directed either to the person named as creditor or the creditor’s solicitors.\\]\n\nForm 154FB\n\nP 80A, r 16.\n\nAFFIDAVIT VERIFYING DEBT UNDER SECTION 459Q OF THE CORPORATIONS LAW\n\nOn *(date)*, I, *(name, address and occupation)* say on oath—\n\n> 1 *(Set out the matters referred to in paragraph (c) of Part 80A, rule 16 (1))*\n\n> 2 I believe that the amount of $ , being the debt (or the total of the amounts of the debts) specified in the statutory demand served on the defendant, is due and payable by the defendant to the plaintiff.\n\n> 3 *(Set out the matters referred to in paragraph (d) of Part 80A, rule 16 (1))*\n\n> 4 I believe that there is no genuine dispute about the existence or amount of the debt (or debts) referred to in paragraph 2.\n\n> 5 The defendant has failed to pay the said amount to the plaintiff or to secure or compound for that amount to the reasonable satisfaction of the plaintiff.\n\n| Sworn at | } |\n| before me |\n\nForm 154F\n\nP 80A, r 20 (1) (a) (i).\n\nNOTICE TO LIQUIDATOR *(or* PROVISIONAL LIQUIDATOR*)* OF APPOINTMENT\n\nTo: *(name and address of liquidator or provisional liquidator)*  \n*(if liquidator was appointed, add:*\n\n*(Name and registered office of Company)* was wound up by order of the Supreme Court of New South Wales on *(date)* and you were appointed to be the liquidator. The application for the winding up was filed on *(date on which the summons was filed).)*  \n*(if provisional liquidator was appointed, add:*\n\nBy order of the Court on *(date)* you were appointed to be provisional liquidator of *(name and registered office of Company).)*\n\nForm 154G\n\nP 80A, r 20 (1) (b).\n\n*(No heading or title)*\n\nNOTICE OF WINDING UP ORDER AND APPOINTMENT OF LIQUIDATOR\n\n*(Name of Company in capitals)*\n\nA.C.N. *(specify Australian Company Number of Company)*\n\nOn *(date)* the Supreme Court of New South Wales made an order that the Company be wound up by the Court and appointed me to be liquidator.\n\n|  | (name of liquidator)(address) |\n\n*(No date required)*  \n*(Form 4 does not apply)*\n\nForm 154H\n\nP 80A, r 20 (1) (b).\n\n*(No heading or title)*\n\nNOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR\n\n*(Name of Company in capitals)*\n\nA.C.N. *(specify Australian Company Number of Company)*\n\nOn *(date)* the Supreme Court of New South Wales appointed me to be provisional liquidator of the Company.\n\n|  | (name of provisional liquidator)(address) |\n\n*(No date required)*  \n*(Form 4 does not apply)*\n\nForm 154I\n\nP 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b).\n\n*(No heading or title)*\n\nNOTICE OF INTENTION OF LIQUIDATOR *(or* PROVISIONAL LIQUIDATOR *or* RECEIVER *or* ADMINISTRATOR *or* SPECIAL MANAGER*)* TO APPLY FOR DETERMINATION OF REMUNERATION\n\n*(Name of Company in capitals)*\n\nA.C.N. *(specify Australian Company Number of Company)*\n\nTo: *(name and address of person to whom notice is given)*\n\nI, *(name and address)*, the liquidator *(or* provisional liquidator *or* receiver *or* administrator *or* special manager*)* of the abovenamed Company, will, not earlier than 21 days after service on you of this notice and the accompanying affidavit, seek a determination by the Court of my remuneration.\n\nIf you object to my application, you should, within 21 days after service of this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed. You will then be entitled to receive notice of the time and place of hearing of the application.\n\nDated *(date)*\n\n|  | (signature)liquidator (or provisional liquidator orreceiver or administrator or special manager) |\n\n*(Form 4 does not apply)*\n\nForm 154J\n\n*(Report)*\n\nP 80A, rr 25, 31.\n\nREPORT BY LIQUIDATOR *(or as the case may be)*\n\nDated—\n\n|  | (signature)Chairman |\n\nForm 154K\n\n*(Affidavit by special manager verifying his accounts.)*\n\nP 80A, r 27.\n\nAFFIDAVIT\n\nOn 19 I *(name, address and occupation) say on oath:*\n\n> 1. I am the special manager of the property and business *(or as the case may be)* of the Company.\n\n> 2. The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from *(date)* to *(date)*.\n\n> 3. I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.\n\n| SWORN at | } |\n|  |\n| before me |\n\n*\\[Where applicable, include the note required by Part 38 rule 6 (4) (a)\\]*\n\nForm 154L\n\nP 80A, r 33 (3) (a) (i).\n\nNOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE\n\nTo: *(name and address of creditor or contributory)*\n\nI, *(name and address of liquidator)*, the liquidator of the above Company, intend to apply to the Supreme Court of New South Wales for a release as liquidator of the Company *(if applicable, add* and that the company be dissolved*)*.\n\nIf you object to the grant of my release, you must, within 21 days of publication in the Commonwealth of Australia Gazette of my notice of intention to apply for a grant of release, deliver to me a notice of objection stating the grounds of objection.\n\n(NOTE—\n\nSection 481 (3) of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) provides that an order of the Court releasing the liquidator discharges him or her from all liability in respect of any act done or default made by him or her in the administration of the affairs of the Company or otherwise in relation to his or her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.)\n\nDated: *(date)*\n\n*(Form 4 does not apply)*\n\nForm 154M\n\nP 80A, r 33 (3) (b).\n\n*(No heading or title)*\n\nNOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE\n\n*(Name of Company in capitals)*\n\nA.C.N. *(specify Australian Company Number of Company)*\n\nI, *(name and address of liquidator)*, the liquidator of the above company, intend to apply to the Supreme Court of New South Wales for a release as liquidator of the Company *(if applicable, add* and that the company be dissolved*)*.\n\nAny creditor or contributory who wishes to object to the grant of my release may, within 21 days of publication of this notice, deliver to me a notice of objection stating the grounds of objection.\n\n(NOTE—\n\nSection 481 (3) of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) provides that an order of the Court releasing the liquidator discharges him or her from all liability in respect of any act done or default made by him or her in the administration of the affairs of the Company or otherwise in relation to his or her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.)\n\n*(No date is required)*  \n*(Form 4 does not apply)*\n\nForm 154N\n\nP 80A, r 36 (6).\n\nSUMMONS TO ATTEND FOR EXAMINATION\n\nUNDER SECTION 596A *(or* 596B*)* OF THE CORPORATIONS LAW\n\n| To— | (Name)(Address) |\n\nSCHEDULE\n\n*(if applicable)*  \n*(description of books)*\n\nDated: 19\n\n|  | By the CourtRegistrar(or as the case may be) |\n\nForms 155, 156\n\n(Repealed)\n\nForm 157\n\nP 82, rr 9, 7 (4).\n\nOATH OF OFFICE\n\nI, *(name)* of *(address and occupation)* do swear that if I am appointed as a public notary by the Supreme Court of New South Wales I will truly and honestly conduct myself in the practice of a public notary in New South Wales according to the best of my knowledge, skill and ability.\n\n*(Signature of person taking oath)*\n\nCERTIFICATE\n\nI, *(name)* of *(address)*, certify that I duly administered the above oath on *(date)* at *(place)*.\n\n*(date)*\n\n  \n........................................*(Signature of a person administering oath)*\n\n  \n........................................*(Office of person administering oath)*\n\nForm 158\n\nP 1, r 9A (1A)\n\nCERTIFICATION UNDER SECTION 198L OF THE LEGAL PROFESSION ACT 1987\n\nI, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.\n\n  \n(Signature) Date (Date certification signed)\n\nSolicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)\n\nForms 159, 160\n\n(Repealed)\n\nForm 161\n\nP 84, r 1\n\nAPPLICATION FOR DIRECTION TO PAROLE AUTHORITY\n\nTo the Registrar—\n\nDate—\n\nI, (*full name*), apply to the Court for a direction to be given to the Parole Authority that the information on which the Authority on (*date*) based its decision—\n\n> \\*(a) under section 141/149/150\\* of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) that I should not be released on parole was false/misleading/irrelevant\\*.\n\n> \\*(b) under section 130/163/167/170 (1)\\* of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) to revoke the parole order/periodic detention order/home detention order\\* relating to me was false/misleading/irrelevant\\*.\n\nThe information that I believe was false/misleading/irrelevant\\* is set out on page 2 of this application.\n\n\\* *Strike out any words that are not applicable.*\n\n(*signed*)†  \nApplicant\n\n†*This application must be signed by the applicant and, if the applicant cannot write, the applicant’s mark must be attested by a witness whose name and address must be given.*\n\nThe applicant must answer the following question—  \nDo you desire to appear in person at the hearing or determination of your application?\n\nIf the answer is “yes”, the applicant must state the grounds on which the applicant believes he or she should be allowed to do so.\n\n(*Page 2 of application*)\n\nThe following information was false:\\*\n\nThe following information was misleading:\\*\n\nThe following information was irrelevant:\\*\n\n\\* *Strike out any words that are not applicable.*\n\nForm 162\n\nP 84, r 2\n\nAPPLICATION BY STATE FOR DIRECTION TO PAROLE AUTHORITY\n\nTo the Registrar—\n\nDate—\n\nThe Attorney General/The Director of Public Prosecutions\\* applies to the Court for a direction to be given to the Parole Authority that the information on which the Authority on (*date*) based its decision under section (*number of appropriate section*) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)—\n\n> \\*(a) that (*name of offender*) should be released on parole was false/misleading/irrelevant\\*.\n\n> \\*(b) not to revoke the parole order relating to (*name of offender*) was false/misleading/irrelevant.\\*\n\nThe information that I believe was false/misleading/irrelevant\\* is set out on page 2 of this application.\n\n\\* *Strike out any words that are not applicable.*\n\n  \n(*signed*)Applicant\n\n(*Page 2 of application*)\n\nThe following information was false:\\*\n\nThe following information was misleading:\\*\n\nThe following information was irrelevant:\\*\n\n\\* *Strike out any words that are not applicable.*\n\nIndex of Forms\n\n| 1. | First page of a document (See P 65, r 1). |\n| 2. | } | Heading and title (See P 65, r 1). |\n| 3. | } |  |\n| 4. | Conclusion of documents for use by a party. |\n| 5. | Statement of Claim (P 4, r 1). |\n| 6. | Summons (P 5, r 4A). |\n| 7. | (Repealed) |\n| 8. | Appointment for hearing (P 5, r 5). |\n| 9. | Defence and cross-claim (P 6, r 13). |\n| 10. | Cross-claim (pleaded) (P 6, r 13). |\n| 11. | (Repealed) |\n| 11A. | Cross-claim against plaintiff in summons (P 6, r 16 (1)). |\n| 11B. | (Repealed) |\n| 12. | Notice of payment (P 7, r 4). |\n| 13. | Notice of claim for possession (P 7, r 8). |\n| 13A. | Notice to defendant served outside Australia (P 10, r 2A). |\n| 14. | Request for special service (P 10, r 8 (a) (v)). |\n| 15. | Request for service (P 10, r 10). |\n| 16. | Notice of Appearance (P 11, r 4). |\n| 17. | Defence (P 15, r 3). |\n| 18. | Reply (P 15, r 4). |\n| 19. | Reply and defence to cross-claim (P 15, r 4 (2)). |\n| 20. | Notice to plead facts (P 15, r 12 (3)). |\n| 20A. | Affidavit verifying statements of claim (P 15, r 23). |\n| 20B. | Affidavit verifying defence (P 15, r 23). |\n| 20C. | Affidavit of debt (P 17, r 4 (2)) |\n| 21. | Notice to admit facts and authenticity of documents (P 18, rr 2, 5). |\n| 22. | Notice disputing facts and authenticity of documents (P 18, rr 2, 5). |\n| 23. | Notice of Motion (P 19, r 2). |\n| 24. | Notice of amendments (P 20, r 7). |\n| 25–30A. | (Repealed) |\n| 31. | Notice for discovery (P 23, r 1). |\n| 32. | List of documents (P 23, r 6). |\n| 33. | Notice to answer interrogatories (P 24, r 6). |\n| 34. | Statement in answer to interrogatories (P 24, r 6). |\n| 35. | Verified statement in answer to interrogatories (P 24, r 6). |\n| 36. | (Repealed) |\n| 37. | Notice of motion for directions (P 26, r 2). |\n| 38. | Minutes of Order for examination (P 27, r 1D). |\n| 39. | Minutes of Order appointing examiner (P 27, r 1D). |\n| 40. | Minutes of Order to send letter of request (P 27, r 1). |\n| 41. | Receiver’s deed of security (P 29, r 2). |\n| 41A, 41B. | (Repealed) |\n| 42. | Notice to set down for trial (P 33, r 5). |\n| 43. | Requisition for trial with a jury (P 34, r 3). |\n| 43A. | Order for Production (P 36, r 12). |\n| 44. | Minutes of order (inmate a witness) (P 36, r 14). |\n| 45. | Notice to produce (P 36, r 16). |\n| 45A. | Subpoena for production for service in New Zealand (P 36A r 3 (5)) |\n| 45B. | Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc of documents for service in New Zealand (P 36A r 3 (5)). |\n| 45C. | Subpoena for production of original or photocopies of medical records for service in New Zealand (P 36A r 3 (5)). |\n| 45D. | Subpoena to give evidence for service in New Zealand (P 36A r 3 (5)). |\n| 45E. | Subpoena for production and to give evidence for service in New Zealand (P 36A r 3 (5)). |\n| 45F. | Certificate of non-compliance with subpoena (P 36A, r 5 (1)). |\n| 45G. | Objection to determination without hearing (P 36A r 6 (7)). |\n| 45H. | Request for hearing by video link or telephone (P 36A r 6 (8)). |\n| 46. | Subpoena (P 37, r 3). |\n| 46A–48. | (Repealed) |\n| 49. | Affidavit (P 38, r 2). |\n| 50. | Minute of judgment (P 41, r 10) and particular judgments. |\n| 51. | Minute of order (P 41, r 11). |\n| 51A. | Certificate under section 13 of the Foreign Judgments (Reciprocal Enforcement) Act 1973 (P 41, r 15A (2)). |\n| 52. | Writ of possession (and for levy of property) (P 42, r 4). |\n| 53. | Writ of specific delivery (P 42, r 5). |\n| 54. | Writ of delivery (P 42, r 5). |\n| 55. | Notice to corporation and officer before sequestration or committal (P 4, r 8 (3)). |\n| 56. | Minute of order (examination as to debts) (P 43, r 1). |\n| 57. | Writ for levy of property (P 45, r 2). |\n| 57A. | Notice to judgment debtor of intention to sell land (P 45, r 9 (2)). |\n| 57B. | Memorandum to be endorsed on notice of sale for service on judgment debtor. (P45, r 12). |\n| 58. | Garnishment notice (P 46, r, 3). |\n| 59–62AA1. | (Repealed) |\n| 62AAA. | Items, etc in a bill of costs (P 52, r 49 (1)). |\n| 62AB. | Undertaking to pay disbursement (P 52, r 49 (3A)). |\n| 62AC. | Notice to file objections to bill of costs (P 52, r 50A (3)). |\n| 62AD. | Notice of objection to a bill (P 52, r 50A (5)). |\n| 62AE. | Certificate of taxation (P 52, r 50A (7)). |\n| 62B. | Request for appointment for hearing before taxing officer (P 52, r 50 (4) (ii)). |\n| 63. | Certificate of taxation (P 52, r 59). |\n| 64. | Statement of objection (to item of costs disallowed) (P 52, r 60). |\n| 64A. | Request for taxation or moderation (P 52, r 68 (8)). |\n| 64B. | Security for costs (P 53, r 3). |\n| 65. | Warrant for arrest (P 55, r 10). |\n| 66. | Warrant for committal (P 55, r 13). |\n| 67. | Notice of claim to Sheriff (interpleader) (P 56, r 5). |\n| 68. | Minute of order (registration of judgment) (P 59, r 4). |\n| 69. | Notice of registration of judgment (P 59, r 6). |\n| 69A, 69B. | (Repealed) |\n| 70. | Notice of Appeal from associate Judge (P 60, r 11 (1)). |\n|  | (The form prescribed under Pt 65 r 1 is Form 1). |\n| 70AA. | Oath of office (P 65C, rr 3 (4), 4 (4)). |\n| 70A. | Notice of intention to cease acting as solicitor (P 66, r 7 (2)). |\n| 71. | Writ of Habeas Corpus (s 69 (2)). |\n| 71A, 71B. | } | (Repealed) |\n| 71C. | Arbitrator’s award and Registrar’s notice to parties (P 72B, r 3 (1)). |\n| 71D. | Arbitrator’s reasons for award (P 72B, r 3 (2)). |\n| 71E. | Application for rehearing (P 72B, r 5 (1)). |\n| 72–74. | (Repealed) |\n| 74AA. | Subpoena to a natural person: criminal proceedings (P 75, r 2 (q)). |\n| 74AB. | Subpoena to a corporation for production and for its proper officer to answer questions concerning possession etc of documents: criminal proceedings (P 75, r 2 (q)). |\n| 74AC. | Subpoena to give evidence: criminal proceedings (P 75, r 2 (q)). |\n| 74AD. | Subpoena for production and to give evidence: criminal proceedings (P 75, r 2 (q)). |\n| 74AE. | Form of indictment (P 75, r 3D (1)). |\n| 74AF. | Application to the Supreme Court or the Court of Criminal Appeal for variation of bail (P 75, r 3E (c)). |\n| 74AG. | Application to the Supreme Court or the Court of Criminal Appeal for bail (P 75, r 3E (d)). |\n| 74AH. | Acceptable person—Information form (P 75, r 3F). |\n| 74AHA. | Objection to confirmation of forfeiture order by the Supreme Court or the Court of Criminal Appeal (p 75, r 3FA). |\n| 74AHB. | Application to set aside forfeiture order by the Supreme Court or the Court of Criminal Appeal (P 75, r 3FB). |\n| 74AI. | Application to the Supreme Court for an order that the hearing of an application in relation to bail be not conducted by video link (P 75, r 3G). |\n| 74AJ. | Election under s 132 (1) of the Criminal Procedure Act 1986 (P 75, r 3H (1)). |\n| 74AK. | Election under s 132 (5) of the Criminal Procedure Act 1986 (P 75, r 3H (1)). |\n| 74A. | Summons: Part 5 of Chapter 4 of theCriminal Procedure Act 1986 (P 75, r 7). |\n| 74B. | Minute of order: s 246 (1) (a), Criminal Procedure Act 1986 (P 75, r 8). |\n| 74C. | Minute of order: s 246 (1) (b), Criminal Procedure Act 1986 (P 75, r 8). |\n| 74D–89. | (Repealed) |\n| 89A. | Minute of order under section 21 (2) of the Status of Children Act 1996 (P 77, r 38). |\n| 89B. | Notice of claim for provision under the Family Provision Act 1982 (P 77, r 63). |\n| 89C. | (Repealed) |\n| 89D. | Defendant’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A). |\n| 89E. | Prosecution’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A). |\n| 89F. | Notice under 44 (2) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87B). |\n| 89G. | Certificate under section 85 (1) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87G). |\n| 89E. | Notice under s 24 of the Crimes (Confiscation of Profits) Act 1985 (P 77, r 86). |\n| 89H. | Order under s 3 (1) of the Restricted Premises Act 1943 (P 77, r 91). |\n| 89I. | Order under s 4 (1) or 14 (3) of the Restricted Premises Act 1943 (P 77, r 91). |\n| 89J. | Notice of declaration under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91). |\n| 89K. | Notice of rescission under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91). |\n| 89L. | Certificate under s 77F of the Victims Compensation Act 1996 (P 77, r 137A). |\n| 90. | Summons for probate, administration or resealing (P 77, r 8). |\n| 91. | Notice of intended application for probate (P 78, r 10). |\n| 92. | Notice of intended application for administration (P 78, r 10). |\n| 92A. | Notice of intended application for administration under s 41A of the Probate Act (P 78, r 10). |\n| 93. | Notice of intended application for resealing (P 77, r 10). |\n| 94. | Renunciation of probate (P 78, r 14). |\n| 95. | Affidavit of attesting witness (P 78, r 15). |\n| 96. | Inventory of Property (Forms 97, 98, 104, 106). |\n| 97. | Affidavit of executor (P 78, r 24). |\n| 98. | Affidavit of applicant for administration (P 78, rr 24A (1) (a), 25 (1) (a), 25A (2) (a)). |\n| 98A. | Affidavit showing deceased had no de facto spouse (P 78, r 24A (2) (c)). |\n| 99. | Affidavit showing deceased had no de facto spouse (P 78, r 25 (2) (f)). |\n| 99A– 100B. | (Repealed) |\n| 101. | Consent to administration (P 78, rr 24A, 25, 25A). |\n| 102. | Administration bond (P 78, rr 24A, 25, 26). |\n| 103. | Affidavit of surety (P 78, rr 24A, 25, 25A, 26, 34). |\n| 103A. | Affidavit relating to de facto relationship (P 78, r 25A (2) (e)). |\n| 103AA. | Affidavit relating to de facto relationships (P 78, r 25A (2) (d)). |\n| 103B. | Notice where the deceased leaves a de facto wife or de facto husband (P 78, r 25A (3) (b) (iv)). |\n| 104. | Affidavit of applicant for administration with the will annexed (P 78, r 26). |\n| 105. | Renunciation in favour of Public Trustee (P 78, r 26). |\n| 105A. | Affidavit of applicant for administration for the purposes of the Family Provision Act 1982 (P 78, r 26A). |\n| 106. | Affidavit of applicant for resealing (P 78, r 28). |\n| 106A. | Affidavit of additional assets (P 78, r 28A). |\n| 106B. | Consent to distribution of gift (P 78, r 34A). |\n| 106CA. | Consent to order (P 78, r 34A (1A)). |\n| 106C. | Notice of intention to distribute estate (P 78, r 34D). |\n| 106D. | Consent by affected person (P 78, r 34E (1)). |\n| 106E. | Notice to affected person (P 78, r 34E (1)). |\n| 106F. | Notice to affected person (P 78, r 34E (3)). |\n| 107. | (Repealed) |\n| 108. | Request for issue of citation (P 78, rr 46, 54). |\n| 109. | Citation to pray for administration (P 78, r 51). |\n| 110. | Answer to citation to pray for administration (P 78, r 51). |\n| 111. | Citation to take probate (P 78, r 52). |\n| 112. | Answer to citation to take probate (P 78, r 52). |\n| 113. | Citation to see proceedings (P 78, r 53). |\n| 114. | Caveat in respect of grant of probate or proof of will (P 78, rr 61, 62, 62A). |\n| Form 115 | Notice of withdrawal of caveat (P 78, r 64). |\n| 115A. | (Repealed) |\n| 116. | Notice of filing of accounts (P 78, r 76). |\n| 116A. | Notice of Intended Objection to Accounts or Commission or Accounts and Commission (P 78, r 77A). |\n| 117. | Acknowledgment under s 83 of the Probate Act (P 78, r 80). |\n| 118. | Notice of appointment of executor or administrator (P 78, r 90). |\n| 119. | Deed of appointment of executor or administrator (P 78, r 90). |\n| 120. | Notice of objection to appointment of executor or administrator (P 78, r 90). |\n| 121. | Notice of intended distribution of an estate under s 92 of the Probate Act, s 11 of the Testator’s Family Maintenance etc Act, and s 35 of the Family Provision Act (P 78, r 91, and P 77, rr 31, 69). |\n| 121A. | (Repealed) |\n| 122. | Petition: Parliamentary Electorates etc Act 1912 (P 79, r 8). |\n| 123. | Notice of filing petition: Parliamentary Electorates etc Act 1912 (P 79, r 9). |\n| 124. | Notice of reference: Parliamentary Electorates etc Act 1912 (P 79, r 31). |\n| 125. | Notice of application for reduction of capital and of list of creditors (P 80, r 9). |\n| 126. | Notice of application under ss 123 (5), 320 and 363 (1) of the Code (P 80, rr 9, 10, 18). |\n| 127. | Affidavit verifying list of creditors (P 80, r 10). |\n| 128. | Notice to creditors (P 80, r 10). |\n| 129. | Affidavit as to claims (P 80, r 10). |\n| 130. | Notice to creditors to prove debts (P 80, r 10). |\n| 131. | Summons under s 184 (3) of the Code (P 80, r 12). |\n| 132. | Summons claiming winding up order under the Code (P 80, r 18). |\n| 133. | Note of intention to appear on hearing (P 80, r 20). |\n| 134. | Notice relating to persons intending to appear on hearing (P 80, r 20). |\n| 135. | Minute of order substituting plaintiff in a winding up application (P 80, r 21). |\n| 135A. | Notice to liquidator of appointment (P 80, r 22A). |\n| 136. | Minute of winding up order (P 80, r 23). |\n| 136A. | Notice to provisional liquidator of appointment (P 80, r 26). |\n| 137. | Notice of appointment of provisional liquidator (P 80, r 26). |\n| 138. | Notice of winding up order (P 80, r 28). |\n| 139. | Certificate of liquidator of resolution of meeting (P 80, r 33). |\n| 140. | Report (P 80, rr 36, 52). |\n| 141. | Affidavit by special manager (P 80, r 38). |\n| 142. | Requirement by liquidator under s 384 (1) of the Code (P 80, r 40). |\n| 143. | Notice of meeting of committee of inspection: calls (P 80, r 41). |\n| 144. | Statement with notice of meeting of committee of inspection: calls (P 80, r 41). |\n| 145. | Notice of meeting of committee of inspection: calls (P 80, r 41). |\n| 146. | Resolution of committee of inspection: calls (P 80, r 41). |\n| 147. | Summons for leave to make a call (P 80, r 42). |\n| 148. | Affidavit: leave to make a call (P 80, r 42). |\n| 149. | Notice of application for leave to make a call (P 80, r 42). |\n| 150. | Minute of order: leave to make a call (P 80, r 42). |\n| 151. | Notice of amount of call per share (P 80, r 43). |\n| 152. | Notice of call sanctioned by committee of inspection (P 80, r 44). |\n| 153. | Notice of call permitted by leave of the Court (P 80, r 44). |\n| 154. | Minute of order under s 541 (3) of the Code for examination (P 80, r 63). |\n| 154A. | Summons under section 596A or 596B of the Corporations Law (P 80, r 1D (2)). |\n| 154BA. | Summons under section 1092 (3) of the Corporations Law (P 80A, r 4). |\n| 154B. | Notice of application under ss 167 (7), 168 (4), 172 (10), 190 (3), 194 (1), 195 (5), 197 (6), 198 (6), 411 (4) (b) and (6), 413 (1), 459A, or 461 of the Corporations Law (P 80A, r 10 (5)). |\n| 154C. | Notice of application for reduction of capital and of list of creditors (P 80A, r 13 (5) (a)). |\n| 154D. | Notice to creditors (P 80A, r 13 (5) (b)). |\n| 154E. | Affidavit verifying list of creditors (P 80A, r 13 (7)). |\n| 154FA. | Affidavit under s 459E of the Corporations Law (P 80A, r 15). |\n| 154FB. | Affidavit under s 459Q of the Corporations Law (P 80A, r 16). |\n| 154F. | Notice to liquidator (or provisional liquidator) of appointment (P 80A, r 20 (1) (a) (i)). |\n| 154G. | Notice of winding up order and appointment of liquidator (P 80A, r 20 (1) (b)). |\n| 154H. | Notice of appointment of provisional liquidator (P 80A, r 20 (1) (b)). |\n| 154I. | Notice of intention of liquidator (or provisional liquidator or receiver or administrator or special manager) to apply for determination of remuneration (P 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b)). |\n| 154J. | Report by liquidator (or as the case may be) (P 80A, rr 25, 31). |\n| 154K. | Affidavit by special manager verifying his accounts (P 80A, r 27). |\n| 154L. | Notice of intention of liquidator to seek release (P 80A, r 33 (3) (a) (i)). |\n| 154M. | Notice of intention of liquidator to seek release (P 80A, r 33 (3) (b)). |\n| 154N. | Summons to attend for examination under section 596A (or 596B) of the Corporations Law (P 80A, r 36 (6)). |\n| 155, 156. | (Repealed) |\n| 157. | Oath of office (P 82, rr 9, 7 (4)). |\n| 158. | Certification under section 198L of the Legal Profession Act 1987. |\n| 159–160. | (Repealed) |","sortOrder":508},{"sectionNumber":"Schedule G","sectionType":"schedule","heading":"Costs","content":"# Schedule G Costs\n\nSchedule G Costs\n\nP 52, rr 67, 68.\n\nTable 1\n\nGeneral\n\nAppendix A\n\nStatement of claim etc—\n\n|  |  | $ |\n| 1. | Drawing statement of claim | 9.50 |\n|  | or per folio | 1.60 |\n| 2. | Drawing summons | 9.50 |\n|  | or per folio | 1.60 |\n| 3. | Drawing and attending to obtain— |  |\n|  | (a) a subpoena to give evidence, including copy for service | 6.50 |\n|  | and for each additional witness | 1.00 |\n|  | (b) a subpoena for production or for production and to give evidence, including copy for service | 6.50 |\n|  | and per folio, for each folio excluding printed matter beyond three | 1.60 |\n| 4. | Writs of execution or other writs, including drawing and engrossing and all endorsements and copies for service and attending to issue | 9.25 |\n| Service |\n| 5. | Service or attempted service by a solicitor or his employee or filing in lieu of service, where service by post is not authorised | 3.75 |\n| 6. | If at a distance beyond 3 kilometres from the nearest place of business of the solicitor serving a document, at the Scale under section 9 of the Sheriff Act 1900, except in special circumstances. |  |\n| 7. | Where a service by post or by leaving a copy of a document in an exchange box or at a document exchange under Part 9 rule 4 (1) (d) or by transmitting information in a document to a facsimile transmission number under Part 9 rule 4 (1) (e) is authorised | 2.25 |\n| 8. | Service by persons other than those specified in items 5, 6 and 7, discretionary, but not exceeding the amount payable under those items. |  |\n| Appearances |\n| 9. | Preparing and filing notice of appearance (including copy for service) | 5.75 |\n| 10. | If entered at the one time for more than one person, for every defendant beyond the first | 0.50 |\n| Preparing for hearing |\n| 11. | (Repealed) |  |\n| Drawing |\n| 12. | Any document where no other provision is made, per folio or part | 1.60 |\n| Copies |\n| 13. | Of any document, where no other provision is made— |  |\n|  | (a) typed or written, per folio | 0.50 |\n|  | (b) printed or carbon, per folio | 0.25 |\n|  | (c) photographed, per page, discretionary. |  |\n| Perusal |\n| 14. | Of any document where no other provision is made, per folio | 0.50 |\n|  | or per hour | 15.00 |\n| Attendance |\n| 15. | To file any document where not elsewhere included, to lodge any document for, or to pick up after signature, or any other attendance involving analogous work or any formal attendance | 1.75 |\n| 16. | To file or lodge any document which requires an appointment to be signed by a clerk in the registry or to get any consent order signed | 2.25 |\n| 17. | To settle any minute of order or judgment or obtain signature of a judge, associate Judge or officer of the Court to an order which is not consented to | 3.75 |\n|  | or per hour | 15.00 |\n| 18. | To search the list or for appearance or other document | 1.75 |\n| 19. | To pay money into Court (including filing any necessary document), or to bespeak payment out (including receiving cheque) | 3.75 |\n| 20. | To obtain consent of tutor | 3.75 |\n| 21. | To obtain or give any consent or undertaking | 3.75 |\n|  | or if by telephone | 1.75 |\n| 22. | To produce documents for inspection | 3.75 |\n|  | or if personal supervision necessary, per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n| 23. | To inspect documents | 7.50 |\n|  | or per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n|  | Any necessary clerical assistance, per hour | 3.75 |\n| 24. | To examine and sign admissions | 5.50 |\n|  | or per folio | 1.25 |\n| 25. | For collating necessary material for appeal papers; attendances on the printer, examining and general oversight of their proper preparation | 11.00 |\n|  | or per hour | 15.00 |\n| 26. | On deponent to swear an affidavit or for a solicitor or his clerk to swear an affidavit or such additional amount as the taxing officer thinks fit | 3.75 |\n| 27. | To mark annexure | 0.25 |\n| 28. | On counsel to deliver brief | 1.75 |\n| 29. | On counsel to appoint conference or consultation | 1.75 |\n| 30. | On conference or consultation with counsel, per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n| 31. | In Court instructing counsel on any hearing, per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n| 32. | For any short attendance in Court without counsel | 7.50 |\n| 33. | For any other attendance in Court on any hearing without counsel or for any attendance by a solicitor which involves a high degree of skill and responsibility, per hour | 22.00 |\n|  | or such additional amount as the taxing officer thinks fit. |  |\n| 34. | Clerk’s attendance, if in the opinion of the taxing officer, his attendance was reasonably necessary in view of the number of witnesses expected to be called on any day, per day | 15.00 |\n| 35. | To hear reserved judgment | 7.50 |\n|  | or per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n| 36. | To tax a bill of costs | 5.50 |\n|  | or per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n| 37. | To bespeak and obtain a transcript copy of evidence, judgment, copy of the jury panel or any other necessary document | 3.75 |\n| 38. | Any telephone attendance | 1.75 |\n|  | or such additional amount as the taxing officer thinks fit. |  |\n| 39. | Attendance where no other provision is made | 3.75 |\n|  | or per hour | 15.00 |\n|  | or if unqualified clerk attends, discretionary. |  |\n| Travelling and Waiting |\n| 40. | For each day of not less than six hours employed in travelling or in waiting (plus reasonable travelling expenses and sustenance) | 90.00 |\n|  | Where less time than six hours is so employed, per hour | 15.00 |\n|  | or for an unqualified clerk, discretionary. |  |\n| Letters |\n| 40A. | Where no other provision is made— |  |\n|  | (a) ordinary | 2.75 |\n|  | (b) short formal | 1.75 |\n|  | (c) circular after the first | 0.75 |\n|  | (d) others discretionary. |  |\n| 41. | Skill, care and responsibility, discretionary. |  |\n| Companies Act 1961 and Companies (New South Wales) Code— |\n| Winding up proceedings |\n| 41A. | For work done for the applicant in proceedings in a winding up by the Court under the Companies Act 1961 or Companies (New South Wales) Code— |  |\n|  | (a) in respect of an application for an order appointing a provisional liquidator, up to and including lodgment and delivery of a copy of the order under Rule 50 (3) of the Companies Rules 1968 or delivery of an office copy of the order under Part 80 rule 26, |  |\n|  | (i) where counsel does not appear on the hearing | 130.00 |\n|  | (ii) where counsel appears on the hearing | 115.00 |\n|  | (b) in respect of an application for an order appointing a liquidator, but not in respect of an application for an order appointing a provisional liquidator, up to and including lodgment, service and delivery of a copy of the order under Rule 54 of the Companies Rules 1968 or lodgment, service and delivery of an office copy of the order under section 370 (2) of the Companies (New South Wales) Code, |  |\n|  | (i) where counsel does not appear on the hearing | 240.00 |\n|  | (ii) where counsel appears on the hearing | 215.00 |\n\nAppendix B\n\nBusiness Done After 8 February 1974\n\nIn respect of business done after 8 February 1974, and on or before 1 August 1975, the costs in Appendix A shall be increased by 36 per cent.\n\nAppendix C\n\nBusiness Done After 1 August 1975\n\nIn respect of business done after 1 August 1975 and on or before 23 September 1977 the costs in Appendix A shall be increased by 80 per cent.\n\nAppendix D\n\nBusiness Done After 23 September 1977\n\nIn respect of business done after 23 September 1977 and on or before 31 October 1980 the costs in Appendix A shall be increased by 110 per cent.\n\nAppendix E\n\nBusiness done after 31 October 1980\n\nIn respect of business done after 31 October 1980 and on or before 16 April 1982 the costs in Appendix A shall be increased by 160 per cent.\n\nAppendix F\n\nBusiness done after 16 April 1982\n\nIn respect of business done after 16 April 1982 and on or before 31 December 1983 the costs in Appendix A shall be increased by 225 per cent.\n\nAppendix G\n\nBusiness done after 31 December 1983\n\nIn respect of business done after 31 December 1983 the costs in Appendix A shall be increased by 294 per cent.\n\nTable 2\n\nFixed costs\n\n|  |  | Higherscale$ | Lowerscale$ |\n| 42. | Under Part 7 rule 4 (money claim) | 182 | 91 |\n| 43. | Under Part 52 rule 10 where judgment is entered under Part 17 (except where item 44 applies) in default of appearance or of defence or of verification of defence | 253 | 127 |\n| 44. | Under Part 52 rule 10 where judgment for possession of land is entered under Part 17 in default of appearance or of defence | 326 | - |\n| 45. | Amount to be allowed where a solicitor is the plaintiff and acts for himself or where a member of his firm acts for him, instead of the amounts fixed by item 42 | 127 | 64 |\n|  | and instead of the amounts fixed by item 43 | 199 | 100 |\n|  | and instead of the amounts fixed by item 44 | 271 | - |\n| 46. | Amount to be added where an order under Part 10 rule 2, for leave to proceed has been obtained | 40 | 21 |\n| 47. | Amount to be allowed on a writ of execution | 91 | 46 |\n| 47A. | Amount to be allowed on a writ of possession after the first | 122 | - |\n\nNOTE—\n\nTable 3\n\nAllowances to Witnesses\n\n|  |  | $ |\n| 48. | Barristers, solicitors, medical practitioners, surveyors, architects, accountants, pharmacists and other professional persons | 76 |\n|  | or per hour | 56 |\n| 49. | Whenever the persons mentioned in Item 48 are called to give expert evidence and not evidence of fact— |  |\n|  | (a) to give expert evidence, including travelling to Court, where period from departure from home, hospital, place of practice, office, place of employment or other place to return thereto from attendance at Court does not exceed one and a half hours | 116 |\n|  | (b) for every full hour after the first half hour, or a proportion thereof if not for a full hour | 56 |\n|  | (c) the amounts payable under (a) and (b) above shall not exceed a total of $462 per day. |  |\n| 50. | Travelling and other allowances—(a) payment to be made at the rate of 70 cents per kilometre one way after the first kilometre up to and including 80 kilometres,(b) exceeding 80 kilometres—the reasonable cost thereof plus the cost of reasonable accommodation and meals. |  |\n| 51. | Other witnesses— |  |\n|  | Such allowance as is commensurate with the witness’s remuneration or circumstances but not exceeding the allowances provided by the preceding three items. |  |\n| 52. | Such additional sum as is reasonable for travelling expenses and sustenance and in cases where accommodation is required such further sum as having regard to all the circumstances is reasonable and has been paid in respect thereof. |  |\n| 53. | The taxing officer may also allow such amount as he thinks has been reasonably and properly incurred and paid to witnesses for qualifying to give skilled evidence. |  |\n\nTable 4\n\nMedical examinations and reports\n\n|  |  | $ |\n| 54. | (a) report made by an attending general practitioner— |  |\n|  | (i) where a re-examination of a patient is not required | 32 |\n|  | (ii) where a re-examination of a patient is required | 58 |\n|  | (b) report made by an attending specialist— |  |\n|  | (i) where a re-examination of a patient is not required | 48 |\n|  | (ii) where a re-examination of a patient is required | 80 |\n|  | (c) report made by a specialist who has not previously treated the patient— |  |\n|  | (i) where an examination is not required | 58 |\n|  | (ii) where an examination is required | 97 |\n|  | (d) attending a joint examination (including travelling time where the distance does not exceed 8 kilometres)— |  |\n|  | (i) as examining practitioner (including provision of report) | 116 |\n|  | (ii) as non-examining practitioner when the examination is conducted by another practitioner | 48 |\n|  | (iii) provision of report by non-examining practitioner (see (ii) above) | 48 |\n|  | or, in respect of this Table, such higher amount as the taxing officer thinks fit. |  |\n\nTable 5\n\nProbate\n\n| 55. | In respect of proceedings commenced after 23 December 1977, in respect of the estates of persons who died before 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration (including satisfying any requisition made by the Commissioner of Stamp Duties after the date of grant, the perusal and checking of the assessment of duty and the payment of duty under the Stamp Duties Act 1920 and all work and attendances incidental to these matters including the uplifting of the grant) shall be allowed in accordance with the scale below. |\n|  |  | Costsallowed$ |\n| Gross value of the estate as accepted by the Commissioner of Stamp Duties |\n|  | not exceeding $1,000 | 80 |\n|  | exceeding $1,000 but not exceeding $2,000 | 100 |\n|  | exceeding $2,000 but not exceeding $4,000 | 120 |\n|  | exceeding $4,000 but not exceeding $6,000 | 155 |\n|  | exceeding $6,000 but not exceeding $8,000 | 170 |\n|  | exceeding $8,000 but not exceeding $10,000 | 190 |\n|  | exceeding $10,000 but not exceeding $12,000 | 215 |\n|  | exceeding $12,000 but not exceeding $14,000 | 250 |\n|  | exceeding $14,000 but not exceeding $16,000 | 290 |\n|  | exceeding $16,000 but not exceeding $18,000 | 330 |\n|  | exceeding $18,000 but not exceeding $20,000 | 390 |\n|  | and thereafter at the rate of $15.60 for each $2,000 in excess of $20,000 and a maximum of $4,134 costs. |  |\n| 55A. | In respect of the estates of persons who die on or after 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration and costs of and incident to the disclosure of assets and liabilities under section 81A (1) and (2) of the Wills, Probate and Administration Act 1898 and the uplifting of documents issued under section 91 (2) of that Act shall be allowed in accordance with the scale below— |\n|  | Disclosed value of assets$ | Costsallowed$ |\n|  | not exceeding 7,500 | 250 |\n|  | exceeding 7,500 but not exceeding 15,000 | 375 |\n|  | exceeding 15,000 but not exceeding 25,000 | 435 |\n|  | exceeding 25,000 but not exceeding 40,000 | 500 |\n|  | exceeding 40,000 but not exceeding 55,000 | 565 |\n|  | exceeding 55,000 but not exceeding 70,000 | 630 |\n|  | exceeding 70,000 but not exceeding 85,000 | 695 |\n|  | exceeding 85,000 but not exceeding 100,000 | 760 |\n|  | exceeding 100,000 but not exceeding 125,000 | 855 |\n|  | exceeding 125,000 but not exceeding 150,000 | 950 |\n|  | exceeding 150,000 but not exceeding 175,000 | 1,045 |\n|  | exceeding 175,000 but not exceeding 200,000 | 1,140 |\n|  | exceeding 200,000 but not exceeding 250,000 | 1,300 |\n|  | exceeding 250,000 but not exceeding 300,000 | 1,460 |\n|  | exceeding 300,000 but not exceeding 400,000 | 1,680 |\n|  | exceeding 400,000 but not exceeding 500,000 | 1,900 |\n|  | exceeding 500,000 | 2,100 |\n| 56. | In respect of proceedings commenced after 23 December 1977, costs of and incident to the obtaining of any grant or resealing after the first up to and including the uplifting of the probate or letters of administration so granted or resealed shall be allowed in accordance with the scale below. |\n|  | Value of the assets remaining to be administered at the timeof application for the grant | Costsallowed$ |\n|  | not exceeding $1,000 | 80 |\n|  | exceeding $1,000 but not exceeding $2,000 | 100 |\n|  | exceeding $2,000 but not exceeding $4,000 | 120 |\n|  | exceeding $4,000 but not exceeding $6,000 | 155 |\n|  | exceeding $6,000 but not exceeding $8,000 | 170 |\n|  | exceeding $8,000 but not exceeding $10,000 | 190 |\n|  | exceeding $10,000 but not exceeding $12,000 | 215 |\n|  | exceeding $12,000 but not exceeding $14,000 | 235 |\n|  | exceeding $14,000 but not exceeding $16,000 | 250 |\n|  | exceeding $16,000 but not exceeding $18,000 | 270 |\n|  | exceeding $18,000 but not exceeding $20,000 | 295 |\n|  | and thereafter at the rate of $4 for each $2,000 in excess of $20,000 and a maximum of $1,255 costs. |  |\n\nTable 6\n\nMiscellaneous\n\n| 57–58A. | (Repealed) |\n| 58. | The prescribed amount under Part 52 rule 69 (1) (adoption application) shall be $460 plus disbursements (including counsel’s fees and registration fees, if any). |\n| 59. | The prescribed amount under Part 52 rule 70 (obtaining certificate of judgment) shall be $264. |\n| 60, 61. | (Repealed) |","sortOrder":527},{"sectionNumber":"Schedule G1","sectionType":"schedule","heading":null,"content":"# Schedule G1\n\nSchedule G1\n\n(P 37, rr 3A (1) (b), 7A (4)\n\nP 46, r 6 (2) (a)\n\nP 77, r 102)\n\n|  |  | $ |\n| 2 | Amount prescribed under Part 36 rule 13BC (2) (medical expert producing photocopies) | 36.00 |\n| 3 | Amount prescribed under Part 46 rule 6 (2) (a) (costs of garnishee) | 25.00 |\n| 5 | Fees prescribed under Part 77 rule 102 (fees chargeable by a person authorised under section 27 (2) of the Oaths Act 1900)— |  |\n|  | (a) for each oath | 4.00 |\n|  | (b) or, if not at the office of the person so authorised | 4.90 |\n|  | (c) or, if more than 5 kilometres from the office of the person so authorised, in addition to travelling expenses | 18.90 |\n|  | (d) for marking any annexure or exhibit | 1.60 |\n|  | (e) for attesting any document | 4.00 |\n| 6 | Amount prescribed under Part 36 rule 13BA (1) | 214.00 |\n\nThe above items include a GST component and section 6 of the [Intergovernmental Agreement Implementation (GST) Act 2000](/view/html/inforce/current/act-2000-044) does not apply to them.","sortOrder":531},{"sectionNumber":"Schedule H","sectionType":"schedule","heading":null,"content":"# Schedule H\n\nSchedules H, I (Repealed)","sortOrder":532},{"sectionNumber":"Schedule J","sectionType":"schedule","heading":"Procedure under various Acts","content":"# Schedule J Procedure under various Acts\n\nSchedule J Procedure under various Acts\n\n(Part 12, rule 1A)","sortOrder":533},{"sectionNumber":"sch.J-pt.1-div","sectionType":"division","heading":"Family Provision Act 1982","content":"## sch.J-pt.1-div Family Provision Act 1982\n\n[Family Provision Act 1982](/view/html/repealed/current/act-1982-160)","sortOrder":535},{"sectionNumber":"sch.J-pt.1-div-oc.2","sectionType":"division","heading":"Succession Act 2006","content":"## sch.J-pt.1-div-oc.2 Succession Act 2006\n\n[Succession Act 2006](/view/html/inforce/current/act-2006-080)","sortOrder":551},{"sectionNumber":"sch.J-pt.1-div-oc.3","sectionType":"division","heading":"Testator’s Family Maintenance and Guardianship of Infants Act 1916","content":"## sch.J-pt.1-div-oc.3 Testator’s Family Maintenance and Guardianship of Infants Act 1916\n\n[Testator’s Family Maintenance and Guardianship of Infants Act 1916](/view/html/inforce/current/act-1916-041)","sortOrder":557},{"sectionNumber":"Schedule K","sectionType":"schedule","heading":null,"content":"# Schedule K\n\nSchedule K (Repealed)","sortOrder":568}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally enacted to provide procedural rules supporting the Supreme Court Act 1970, the Rules have expanded well beyond that core purpose. They now incorporate detailed regimes for probate and administration (Part 78, referencing Succession Act 2006 and Probate and Administration Act 1898), contempt (Part 55, drawing on High Court Rules), legal practitioner admission and discipline (Parts 65A–65C, referencing Legal Profession Act 1987 and Mutual Recognition Act 1992), criminal appeals (Part 51B under Crimes (Appeal and Review) Act 2001), recording of judgments (Part 13 under Supreme Court Act Part 9A), and corporations matters (Part 80 under Companies Code and Corporations Law). Multiple Parts have been repealed and cross-reference the Uniform Civil Procedure Rules 2005, reflecting a broadening to cover new statutory jurisdictions and harmonisation efforts."},"complexity_factors":["Extensive length across dozens of Parts with frequent repeals (e.g. Parts 1B–11, 14–51A, 52–54, 56–59A, 62–65, 66–68, 70, 71, 76, 77 fully or partly repealed)","47+ defined terms in Part 1 rule 8(1), many cross-referencing repealed or external Acts like Legal Profession Act 1987, Protected Estates Act 1983, Succession Act 2006, and Uniform Civil Procedure Rules 2005","Nested conditional logic and exceptions (e.g. Part 55 Divisions for contempt procedures, Part 78 Divisions for non-contentious vs contentious probate with multiple notice and affidavit requirements)","Heavy cross-referencing to other legislation (e.g. Part 75 rule 2 applying specific UCPR parts to criminal matters, Part 80 incorporating Companies Code and Corporations Law procedures)","Specific procedural carve-outs and forms (e.g. Part 13 for recording judgments, Part 51B for appeals under Crimes (Appeal and Review) Act 2001 with strict 28-day timelines and leave requirements)"],"plain_english_summary":"**What the Supreme Court Rules 1970 do**\n\nThese rules set out step-by-step procedures for handling cases in New South Wales' highest court. They cover everything from starting a case (by filing a summons or statement of claim), serving papers on the other side, running trials and hearings, making appeals, dealing with emergencies like contempt of court, managing wills and estates (probate), admitting lawyers to practise, and handling special matters like company liquidations or criminal appeals. \n\nThey affect everyday people in disputes, businesses, lawyers, judges, court staff, and even media outlets wanting to record judgments. The rules matter because they make sure cases follow clear, fair steps so decisions are consistent and efficient. For example, if you're unsure how to file something, rule 13 in Part 1 lets you ask the court for directions. Without these rules, court processes could be confusing or unfair."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1970 rules were designed for a pre-digital, paper-based court system with a narrower range of case types. Over more than 50 years of amendments, the scope has expanded significantly to accommodate electronic filing, new classes of litigation, case management reforms, and integration with broader civil procedure legislation. The rules have also been progressively adapted to reduce delays and improve efficiency, reflecting a shift from purely procedural formality toward active judicial case management."},"complexity_factors":["Extremely high amendment frequency — over 70 distinct versions recorded since 2001, requiring constant version tracking","Covers a vast range of procedural topics across many different types of Supreme Court proceedings","Interacts with and is modified by numerous other pieces of legislation and court practice notes","Applies differently depending on the type of case (e.g. equity, common law, probate, corporations)","Technical procedural language with precise legal meanings that differ from ordinary usage","Changes in court rules can have retrospective effects on ongoing cases, creating transitional complexity","Practitioners must cross-reference the rules with Supreme Court practice notes, directions, and the Civil Procedure Act 2005","The document provided only shows metadata and version history — the actual substantive content is voluminous and not displayed here"],"plain_english_summary":"## NSW Supreme Court Rules 1970\n\n**What is this?**\nThis is the procedural rulebook for NSW's highest court — the Supreme Court of New South Wales. Think of it as the instruction manual that governs *how* cases are run in that court, rather than deciding *who wins*.\n\n**What does it cover?**\nThese rules set out the nuts and bolts of Supreme Court proceedings, including:\n- How to start a legal case (what forms to use, how to file documents)\n- How documents must be served (formally delivered) on the other side\n- Deadlines for taking steps in a case\n- How evidence is gathered and presented\n- Court fees and costs\n- How judgments (court decisions) are enforced\n- Special procedures for specific types of cases (e.g. probate/wills, family property disputes, corporations matters)\n\n**Who does this affect?**\n- **Anyone involved in Supreme Court litigation** — whether as a plaintiff (person suing), defendant (person being sued), or witness\n- **Lawyers** practising in the NSW Supreme Court\n- **Businesses and individuals** with major civil disputes, property matters, or appeals before the court\n- **Executors and administrators** of deceased estates\n\n**Why does it matter?**\nFail to follow these rules and your case can be thrown out, delayed, or you could be ordered to pay the other side's legal costs. These rules are the difference between a case proceeding smoothly and one that falls apart on a technicality.\n\n**Key thing to know:** This rulebook has been amended *extremely frequently* — over 70 times since 2001 alone — meaning what applied yesterday may not apply today. Always check you're reading the current version."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Rules as recorded show clear evolution from the original 1970 text: multiple clauses and whole Parts are expressly repealed (e.g. rr 3–7, 9A–9B, Part 2, Schedule K), and the Rules now cross‑reference later statutes and instruments (Legal Profession Act 1987, Civil Procedure Act 2005, Corporations Law, Criminal Procedure Act 1986). Practical updates are visible in modernised filing options (bail by email, r 9C) and the rule that approved Civil Procedure Act forms take precedence over the old Schedule F forms (r 11(3)). Those repeals and cross‑references mean the operational scope of the Rules has shifted from a standalone 1970 form book toward a form‑based procedural framework that must be read alongside successor Acts and contemporary court directions."},"complexity_factors":["Large number of detailed, prescriptive forms across criminal, corporate, probate and civil practice (Forms 74AA–AD; 125–156; 154A; family provision forms).","Extensive cross‑references to other statutes and rules (Legal Profession Act 1987; Civil Procedure Act 2005; Corporations Law; Criminal Procedure Act 1986; Evidence Act), requiring external legal knowledge to apply the Rules.","Significant portions repealed and updated over time (multiple repealed clauses and Parts noted), increasing the need to track amendments and interaction with successor instruments.","Multiple enforcement mechanisms with criminal and quasi‑criminal consequences (arrest, sequestration, imprisonment) embedded in procedural forms (Forms 74AA–AD; Form 74AB; Form 55).","Detailed affidavit and verification requirements (family provision affidavits, creditor lists, statutory demand verifications) that impose substantive evidentiary burdens on parties.","Discretionary Court power to issue directions where procedure is silent (r 13), creating case‑by‑case variation and reliance on judicial practice.","Administrative complexity across several registries and officers (Prothonotary, Registrar of Court of Appeal, Division registrars) with custody and certification duties (r 9(1)–(4); Part 5 cl 8(5)).","Interplay between traditional paper processes and limited electronic filing (e.g. bail by email r 9C), producing hybrid procedural pathways."],"plain_english_summary":"What these Rules do (mechanics first)\n\n- The Supreme Court Rules 1970 set out the procedural nuts and bolts for bringing and running matters in the Supreme Court of New South Wales. They define key words (so the same word means the same thing across the Rules) (r 8(1)), prescribe the seals of the Court and who keeps them (r 9(1)–(4)), and require use of prescribed court forms (r 11(1); Schedule F).\n- The Rules specify how and where certain documents are filed. A modern example is that a bail application is treated as filed in the Sydney registry if a copy is delivered by email, post, in person, or (in limited cases) fax (r 9C). They also say that if a procedural step is not otherwise covered, a party can apply for directions and the Court can regularise the step (r 13(1)–(4)).\n- The Rules contain hundreds of prescribed forms for different kinds of business—criminal process (subpoenas, indictments, elections for trial by judge alone) (Forms 74AA–74AD, 74AE, 74AJ/AK), companies and corporate insolvency steps (Forms 125–156, 154A, 154BA, 154FA/FB etc.), family provision and estate proceedings (Part 5 forms and affidavit requirements), and many others. They set specific content, service and timing requirements for those forms (see the Representative samples: Forms 74AA–AD; Forms 125–153; Form 154A; family provision affidavit rules in Part 5).\n- Some form provisions carry enforcement mechanisms: subpoenas can authorise arrest for non‑compliance (Forms 74AA–74AD); failure by a corporation to obey certain orders can expose the corporation and named officers to sequestration or imprisonment (Form 55); liquidators can require persons to pay or hand over assets or books under prescribed notices (Forms 142, 147–153).\n- The Rules also supply routine administrative details: who certifies copies of orders and when an executor/administrator must lodge a minute of order on probate or letters of administration (Part 5, cll 8(2)–(5)); interest directions on judgments (Part 4 interest provision referencing Part 40 r 7(2)); and prescribed oath wording for certain legal practitioners (Form 70AA).\n\nWho is affected\n\n- Litigants and prospective litigants in the NSW Supreme Court, their solicitors and barristers (definitions and form requirements: r 8(1), r 11(1)).\n- Court officers and registry staff (custody and use of seals: r 9(1)–(4); registrar certification duties: Part 5 cl 8(5)).\n- Corporations, banks and their officers (compliance with corporate subpoenas and winding‑up procedures: Forms 74AB; Forms 125–156; Form 154A). Liquidators and provisional liquidators (notice and reporting duties: Forms 139–141, 154F–154H, 154I).\n- State agencies and criminal justice actors (criminal forms, indictments, and subpoena regimes: Forms 74AE, 74AA–AD; Forms 74A, 74B, 74C).\n- Executors/administrators and persons claiming family provision from an estate (Part 5 affidavit content rules and service timings).\n\nWhy it matters (official purpose and an evidence‑based test of effects)\n\n- The stated or apparent purpose is to standardise how matters are commenced, evidenced and served, to fix the text of frequently used forms, and to provide predictable enforcement routes (see r 11(1) on prescribed forms; r 13 on Court directions; and the many specific prescribed forms and their content requirements). That standardisation reduces uncertainty about what words and documents the Court will accept.\n\n- Costs and who pays: parties (or their lawyers) bear the direct compliance costs of preparing and serving the many prescribed forms and affidavits (for example, the detailed affidavit content required in family provision proceedings in Part 5, and verification affidavits for company creditor lists, Forms 127–130). Corporations and officers face administrative costs and exposure to enforcement (sequestration or arrest) if non‑compliant with production or attendance orders (Forms 74AB; Form 55). The Rules also create fixed registry costs—e.g. fees tied to certificates and copies (Part 4 certificate cost referencing Part 52A r 47).\n\n- Incentives and behaviour changes: the Rules push users to adopt the prescribed formats and, where an approved Civil Procedure Act form exists, to use that approved form instead (r 11(3)). The email filing option for bail in the Sydney registry (r 9C) will shift some filings from in‑person to electronic channels where available. Detailed prescribed affidavits and verification forms (e.g. Forms 154FA/154FB for statutory demands) increase the incentive to obtain lawyer verification before filing.\n\n- Trade‑offs and opportunity costs: standardised forms reduce drafting time for routine matters but limit flexibility for atypical cases; parties who want bespoke argument or novel pleadings may need to seek court directions (r 13), creating delay and judicial discretion. Corporations subject to compulsory examinations and production (Forms 154A, 154BA) may incur costs that affect cashflow and managerial attention.\n\n- Implementation risk and bureaucratic discretion: the Court’s power to give directions where procedure is silent (r 13) is useful for edge cases but makes outcomes contingent on judicial response and increases reliance on case‑by‑case rulings. Registrar and prothonotary duties (r 9(1)–(4); Part 5 cl 8(5)) centralise administrative decision‑making about seals and certified copies.\n\n- Compliance burden and enforcement intensity: many forms specify hard deadlines for service, particulars to be included, and the consequences of missing them (Forms 125–131; Part 5 time limits for lodge/certify orders). Subpoena and corporate production regimes carry criminal or coercive penalties (Forms 74AA–74AD; Form 154A; Form 74AB) that raise the stakes for non‑compliance.\n\n- Effects on private enterprise and contract freedom: corporate and insolvency forms impose information and attendance obligations that limit confidentiality and may constrain managerial discretion during investigations or winding up (Forms 142, 154A, Forms 143–153). The Rules themselves do not set commercial prices or market entry rules, but procedural obligations and possible expedited enforcement (sequestration, arrest, court‑ordered calls on shareholders) can affect corporate liquidity and the costs of dispute resolution.\n\nConcentrated benefits, diffuse costs and capture risks (source‑grounded observations)\n\n- Concentrated benefits accrue to court administration and to parties who use standard forms frequently (less drafting time, predictable registry handling: r 11(1)–(3)).\n- Costs are dispersed across individual litigants, companies, liquidators and trustees who must satisfy the prescribed content and service requirements (Forms 127–130; Part 5 affidavit rules). Where enforcement is strong (arrest/sequestration for non‑compliance), affected officers or corporations bear concentrated risk.\n- The Rules cross‑refer extensively to other statutes and later procedural frameworks (Legal Profession Act 1987, Civil Procedure Act 2005, Corporations Law provisions cited in corporate forms). That cross‑referencing means practitioners must track changes outside the Rules to understand current scope, which increases implementation complexity and the potential for regulatory mismatch.\n\nWho decides, and what behaviour changes in practice\n\n- The Court (judges and associate judges) and registrars exercise primary decision‑making power on directions, certification and registry practice (r 13; r 9(1)–(4); Part 5 cl 8(5)).\n- Parties and their lawyers decide whether to use prescribed/approved forms (r 11(3)), whether to seek Court directions when the form book does not fit (r 13), and whether to comply or contest compulsory production/examination (Forms 154A, 154BA). Corporations must decide whether to produce documents or face court enforcement (Form 74AB).\n\nKey implementation signals in the Rules\n\n- Electronic filing acceptance for certain bail applications (r 9C) signals limited modernisation of filing channels.\n- Priority given to approved Civil Procedure Act forms over Schedule F forms (r 11(3)) means the Uniform Civil Procedure Rules interact with and can override parts of the older Rules.\n- Widespread repeal and later‑Act cross‑references (many repealed clauses; references to the Legal Profession Act, Civil Procedure Act, Corporations Law) indicate the Rules operate in a legal ecosystem that changes over time and require users to check related legislation (see repeated repeal notes and numerous cross‑references in the forms sections).\n\nBottom line (practical takeaway)\n\n- These Rules are a detailed, form‑driven code of court procedure for the NSW Supreme Court. They impose specific content, service and timing requirements on litigants, create administrative duties for registrars and officers, and provide coercive enforcement tools for non‑compliance. They economise on drafting for routine matters but impose compliance costs and legal risks for parties, corporations and officers who must meet the prescribed formats and respond to compulsory production or attendance orders (see Forms 74AA–AD, 74AB, 125–156, 154A and Part 5)."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-rules-1970","history":"/api/acts/supreme-court-rules-1970/history","analysis":"/api/acts/supreme-court-rules-1970/analysis","conflicts":"/api/acts/supreme-court-rules-1970/conflicts","importantCases":"/api/acts/supreme-court-rules-1970/important-cases","documents":"/api/acts/supreme-court-rules-1970/documents"}}