{"id":"supreme-court-rules-1987","name":"SUPREME COURT RULES 1987","slug":"supreme-court-rules-1987","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177159,"registerId":"nt-supreme-court-rules-1987-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"General rules of procedure in civil","content":"Chapter 1 General rules of procedure in civil\nOrder 1 Preliminary matters\n1.01A Citation ............................................................................................ 1\n1.01 Definitions ........................................................................................ 1\n1.02 Application ....................................................................................... 1\n1.03 Jurisdiction not affected ................................................................... 3\n1.04 Proceedings in another Court .......................................................... 3\n1.05 Judgment in pending proceeding..................................................... 3\n1.06 Payment into Court .......................................................................... 4\n1.07 Amendment ..................................................................................... 4\n1.08 Costs ............................................................................................... 5\n1.09 Interpretation ................................................................................... 5\n1.09A Direction that Registrar may exercise Master's jurisdiction.............. 7\n1.10 Exercise of power ............................................................................ 8\n1.11 Procedure wanting or in doubt ......................................................... 8\n1.12 Act by corporation............................................................................ 8\n1.13 Corporation a party .......................................................................... 9\n1.14 Power to act by solicitor ................................................................... 9\n1.15 Signature of solicitor ........................................................................ 9\nOrder 1A Overarching purpose of Chapter and pre-\naction conduct\n1A.01 Overarching purpose of Chapter ..................................................... 9\n1A.02 Duty of parties ............................................................................... 10\n\nSupreme Court Rules 1987 ii\n1A.03 Application of Part ......................................................................... 10\n1A.04 Objectives of Part .......................................................................... 10\n1A.05 Parties to follow reasonable procedure to avoid litigation .............. 10\n1A.06 Letter of claim ................................................................................ 11\n1A.07 Acknowledgement of letter of claim ............................................... 12\n1A.08 Response to letter of claim ............................................................ 12\n1A.09 Provision of essential documents .................................................. 13\n1A.10 Consideration of alternative method of dispute resolution ............. 13\n1A.11 Consequences of non-compliance with Part.................................. 13\n1A.12 Use of documents disclosed .......................................................... 14\n2.01 Effect of non-compliance ............................................................... 14\n2.02 Originating process ........................................................................ 14\n2.03 Application to set aside for irregularity ........................................... 15\n2.04 Dispensing with compliance .......................................................... 15\nOrder 3 Time, vacations and Court office\n3.01 Calculating time ............................................................................. 15\n3.02 Extension and abridgement ........................................................... 15\n3.03 Fixing time ..................................................................................... 16\n3.04 Process in vacation ....................................................................... 16\n3.05 Proceedings after a year ............................................................... 16\n3.06 Vacations ....................................................................................... 16\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Court office","content":"Part 3 Court office\n3.07 Registry ......................................................................................... 17\n4.01 How proceeding commenced ........................................................ 17\n4.02 Interlocutory application ................................................................. 17\n4.03 Names of parties ........................................................................... 17\n4.04 When writ required ........................................................................ 17\n4.05 When originating motion required .................................................. 18\n4.06 Optional commencement by originating motion ............................. 18\n4.07 Continuance as writ of proceeding by originating motion .............. 18\n4.08 Urgent case ................................................................................... 18\n\nSupreme Court Rules 1987 iii\nOrder 5 Content, filing and duration of originating\nprocess\n5.01 Definitions ...................................................................................... 19\n5.02 Form of originating process ........................................................... 19\n5.03 Appearance ................................................................................... 19\n5.04 Endorsement of claim on writ ........................................................ 19\n5.05 Endorsement of claim on motion ................................................... 20\n5.06 Endorsement as to capacity .......................................................... 20\n5.07 Address of parties.......................................................................... 20\n5.08 Place of trial ................................................................................... 20\n5.09 Stay on payment of costs .............................................................. 21\n5.10 Petition .......................................................................................... 21\n5.11 Filing of originating process ........................................................... 21\n5.12 Duration and renewal of originating process.................................. 22\n6.001 Application to companies ............................................................... 22\n6.01 When personal service necessary ................................................. 22\n6.02 Personal service of originating process ......................................... 22\n6.03 How personal service effected....................................................... 23\n6.04 Service on particular defendants ................................................... 23\n6.05 Address for service ........................................................................ 24\n6.06 How ordinary service effected ....................................................... 24\n6.07 Identity of person served ............................................................... 26\n6.08 Acceptance of service by solicitor.................................................. 26\n6.09 Substituted service ........................................................................ 26\n6.10 Confirmation of informal service .................................................... 27\n6.11 Service by filing ............................................................................. 27\n6.12 Service on agent............................................................................ 27\n6.13 Service under agreement .............................................................. 27\n6.14 Recovery of vacant land ................................................................ 28\n6.15 Service of notice by the Court........................................................ 28\n6.16 Affidavit of service ......................................................................... 28\nOrder 7 Service outside Australia\n7.01 Originating process that may be served outside Australia ............. 29\n7.02 Application for leave to serve originating process outside\nAustralia......................................................................................... 31\n7.03 Service of other documents ........................................................... 32\n7.04 Application of other Orders ............................................................ 33\n7.05 Method of service .......................................................................... 33\n7.06 Substituted service ........................................................................ 33\n7.07 Proof of service.............................................................................. 34\n\nSupreme Court Rules 1987 iv\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Service through the diplomatic channel or","content":"Part 2 Service through the diplomatic channel or\nunder Convention\n7.08 Documents to be filed with Court ................................................... 34\n7.09 Order for payment of expenses ..................................................... 35\nOrder 7A Service under Hague Convention\n7A.01 Definitions ...................................................................................... 36\n7A.02 Provisions of this Order to prevail .................................................. 37\n7A.03 Application of Part ......................................................................... 38\n7A.04 Application for request for service abroad ..................................... 38\n7A.05 How application to be dealt with .................................................... 39\n7A.06 Procedure on receipt of certificate of service ................................. 40\n7A.07 Payment of costs ........................................................................... 41\n7A.08 Evidence of service ....................................................................... 41\nPart 3 Default judgment following service abroad\nof initiating process\n7A.09 Application of Part ......................................................................... 42\n7A.10 Restriction on power to enter default judgment if certificate of\nservice filed.................................................................................... 42\n7A.11 Restriction on power to enter default judgment if certificate of\nservice not filed.............................................................................. 43\n7A.12 Setting aside judgment in default of appearance ........................... 44\n7A.13 Application of Part ......................................................................... 44\n7A.14 Certain documents to be referred back to Attorney-General’s\nDepartment of Commonwealth ...................................................... 45\n7A.15 Service........................................................................................... 46\n7A.16 Affidavit as to service ..................................................................... 46\n8.01 Application ..................................................................................... 47\n8.02 Appearance before taking step ...................................................... 47\n8.03 Who to file appearance .................................................................. 48\n8.04 Time for appearance ..................................................................... 48\n8.05 Mode of filing appearance ............................................................. 48\n8.06 Content of notice of appearance.................................................... 49\n\nSupreme Court Rules 1987 v\n8.07 Late appearance............................................................................ 49\n8.08 Conditional appearance ................................................................. 49\n8.09 Setting aside writ or originating motion .......................................... 50\n9.01 Joinder of claims............................................................................ 50\n9.02 Permissive joinder of parties.......................................................... 50\n9.03 Joinder of necessary parties .......................................................... 51\n9.04 Joinder inconvenient ...................................................................... 51\n9.05 Effect of misjoinder or non-joinder of party .................................... 51\n9.06 Additional, removal, substitution of party ....................................... 52\n9.07 Procedure for addition of party ...................................................... 52\n9.08 Defendant deceased at commencement of proceeding ................ 52\n9.09 Change of party on death, bankruptcy........................................... 53\n9.10 Failure to proceed after death of party........................................... 54\n9.11 Amendment of proceedings after change of party ......................... 55\n9.12 Consolidation or trial together ........................................................ 56\n9.13 Conduct of proceeding .................................................................. 56\n10.01 Application of order........................................................................ 56\n10.02 When counterclaim allowed ........................................................... 56\n10.03 Counterclaim against plaintiff and another person......................... 56\n10.04 Procedure after counterclaim against another person ................... 57\n10.05 Trial of counterclaim ...................................................................... 57\n10.06 Counterclaim inconvenient ............................................................ 58\n10.07 Stay of claim .................................................................................. 58\n10.08 Counterclaim on stay, etc., of original proceeding ......................... 58\n10.09 Judgment for balance .................................................................... 58\n11.01 Claim by third party notice ............................................................. 58\n11.02 Statement of claim on third party notice ........................................ 59\n11.03 Time for appearance ..................................................................... 59\n11.04 Filing and service of third party notice ........................................... 59\n11.05 Time for third party notice .............................................................. 59\n11.06 Leave to file third party notice ........................................................ 60\n11.07 Period of service ............................................................................ 60\n11.08 Appearance by third party.............................................................. 61\n11.09 Defence of third party .................................................................... 61\n11.10 Counterclaim by third party ............................................................ 61\n11.11 Default by third party ..................................................................... 62\n11.12 Discovery and trial ......................................................................... 62\n11.13 Third party directions ..................................................................... 63\n11.14 Judgment between defendant and third party................................ 63\n11.15 Claim against another party ........................................................... 63\n\nSupreme Court Rules 1987 vi\n11.16 Fourth and subsequent parties ...................................................... 64\n11.17 Counterclaim ................................................................................. 64\n12.01 Definitions ...................................................................................... 64\n12.02 Stakeholder's interpleader ............................................................. 65\n12.03 Sheriff's interpleader ...................................................................... 65\n12.04 Sheriff's summons to state claim ................................................... 66\n12.05 Notice to execution creditor ........................................................... 66\n12.06 Admission of claim......................................................................... 66\n12.07 Interpleader summons ................................................................... 67\n12.08 Powers of Court ............................................................................. 67\n12.09 Default by claimant ........................................................................ 68\n12.10 Neutrality of applicant .................................................................... 68\n12.11 Order in several proceedings......................................................... 68\n12.12 Trial of interpleader question ......................................................... 69\n13.01AA General .......................................................................................... 69\n13.01 Formal requirements ..................................................................... 69\n13.02 Content of pleading ....................................................................... 70\n13.03 Document or conversation ............................................................. 70\n13.04 Fact presumed true ....................................................................... 70\n13.05 Condition precedent ...................................................................... 70\n13.06 Implied contract or relation ............................................................ 71\n13.07 Matter which must be pleaded ....................................................... 71\n13.08 Subsequent fact............................................................................. 71\n13.09 Inconsistent pleading ..................................................................... 71\n13.10 Particulars of pleading ................................................................... 72\n13.11 Order for particulars....................................................................... 73\n13.12 Admission and denials ................................................................... 73\n13.13 Denial by joinder of issue............................................................... 73\n13.14 Money claim as defence ................................................................ 74\n13.15 Counterclaim ................................................................................. 74\n14.01 Statement of claim endorsed on writ ............................................. 74\n14.02 Statement of claim not endorsed on writ ....................................... 74\n14.03 Alteration of claim as endorsed on writ .......................................... 74\n14.04 Service of defence ......................................................................... 75\n14.05 Reply ............................................................................................. 75\n14.06 Pleading after reply ........................................................................ 75\n14.07 Defence to counterclaim ................................................................ 75\n14.08 Close of pleadings ......................................................................... 75\n14.09 Order as to pleadings .................................................................... 75\n14.10 Filing of pleadings .......................................................................... 76\n\nSupreme Court Rules 1987 vii\n15.01 Interpretation ................................................................................. 76\n15.02 Litigation guardian of person under disability................................. 76\n15.03 Appointment of litigation guardian ................................................. 76\n15.04 No appearance by person under disability .................................... 77\n15.05 Application to discharge or vary certain orders .............................. 77\n15.06 Pleading admission by person under disability .............................. 77\n15.07 Discovery ....................................................................................... 78\n15.08 Compromise of claim by person under disability ........................... 78\n15.09 Execution against money in Court ................................................. 78\n15.10 Counterclaim and claim by third party notice ................................. 79\n16.01 Representation of unascertained persons ..................................... 79\n16.02 Beneficiaries .................................................................................. 80\n16.03 Deceased person .......................................................................... 81\n17.01 Partners ......................................................................................... 81\n17.02 Disclosure of partners .................................................................... 81\n17.03 Service of originating process........................................................ 82\n17.04 Appearance by partners ................................................................ 82\n17.05 No appearance except by partners................................................ 82\n17.06 Appearance under objection of person sued as partner ................ 83\n17.07 Enforcement of judgment............................................................... 83\n17.08 Enforcement between partners...................................................... 84\n17.09 Attachment of debts....................................................................... 84\n17.10 Person using the business name................................................... 84\n17.11 Charge on partner's interest .......................................................... 84\n18.01 Application ..................................................................................... 85\n18.02 Proceeding by or against representative ....................................... 85\n18.03 Order for representation by defendant........................................... 85\n18.04 Effect of judgment.......................................................................... 86\n19.01 Definitions ...................................................................................... 86\n19.02 Notice ............................................................................................ 86\n19.03 Filing and service ........................................................................... 87\n20.01 Notice of change............................................................................ 87\n\nSupreme Court Rules 1987 viii\n20.02 Party appointing solicitor ............................................................... 87\n20.03 Solicitor ceasing to act ................................................................... 87\n20.04 Removal of solicitor from record .................................................... 88\n20.05 Address for service ........................................................................ 88\nOrder 21 Judgment in default of appearance or\npleading\n21.01 Default of appearance ................................................................... 89\n21.02 Default of defence ......................................................................... 89\n21.03 Judgment for recovery of debt, damages or property .................... 90\n21.04 Judgment other than for recovery of debt, damages or\nproperty ......................................................................................... 90\n21.05 Proceeding continued against other defendants............................ 91\n21.06 Default of defence to counterclaim ................................................ 91\n21.07 Setting aside judgment .................................................................. 91\n22.01 Summary judgment ....................................................................... 91\n22.03 Affidavit in support ......................................................................... 92\n22.04 Respondent to show cause ........................................................... 92\n22.05 Affidavit in reply ............................................................................. 93\n22.06 Hearing of application .................................................................... 93\n22.07 Cross-examination on affidavit ...................................................... 93\n22.09 Assessment of damages ............................................................... 93\n22.10 Judgment where debt amount unascertained ................................ 94\n22.15 Setting aside judgment .................................................................. 94\nOrder 23 Summary stay or dismissal of claim and\nstriking out pleading\n23.01 Stay or judgment in proceeding ..................................................... 94\n23.02 Striking out pleading ...................................................................... 95\n23.04 Affidavit evidence .......................................................................... 95\n23.05 Declaratory judgment .................................................................... 95\nOrder 24 Judgment on failure to prosecute or obey\norder for particulars or discovery\n24.01 Want of prosecution ....................................................................... 95\n24.02 Failure to obey order ..................................................................... 96\n24.03 Stay on non-payment of costs ....................................................... 96\n24.04 Counterclaim and third party claim ................................................ 96\n24.05 Inherent jurisdiction ....................................................................... 96\n24.06 Setting aside judgment .................................................................. 97\n\nSupreme Court Rules 1987 ix\n25.01A Application of order........................................................................ 97\n25.01 Withdrawal of appearance ............................................................. 97\n25.02 Discontinuance or withdrawal of proceeding or claim .................... 97\n25.03 Proceeding not commenced by writ ............................................... 98\n25.04 Notice of discontinuance or withdrawal ......................................... 98\n25.05 Costs ............................................................................................. 98\n25.06 Discontinuance or withdrawal no defence ..................................... 98\n25.07 Stay on non-payment of costs ....................................................... 98\n26.01 Definitions ...................................................................................... 99\n26.02 Offers of compromise generally ..................................................... 99\n26.03 Timing of offer................................................................................ 99\n26.04 No communication to Court of offer ............................................. 100\n26.05 Failure to comply with offer .......................................................... 100\n26.06 Multiple respondents ................................................................... 100\n26.07 Costs where offer not accepted ................................................... 101\n26.08 Taxation of costs where offer accepted ....................................... 101\n26.09 Contributor parties ....................................................................... 101\n27.01 Conformity with Rules .................................................................. 102\n27.02 Content of document ................................................................... 102\n27.03 Form of document ....................................................................... 102\n27.04 Numbers ...................................................................................... 103\n27.05 Copies on request ....................................................................... 103\n27.06 Proper officer refusing to seal or accept document ..................... 104\n27.07 Scandalous matter....................................................................... 104\n28.01 How document is filed ................................................................. 104\n28.02 Place of filing ............................................................................... 104\n28.03 Date of filing................................................................................. 105\n28.04 Seal of Court................................................................................ 105\n28.05 Inspection of documents .............................................................. 105\n29.01 Application and definition ............................................................. 106\n29.02 Discovery ..................................................................................... 106\n29.03 List of documents ........................................................................ 106\n29.04 Form of list of documents ............................................................ 107\n29.05 Order limiting discovery ............................................................... 107\n29.06 Co-defendants and third party ..................................................... 108\n\nSupreme Court Rules 1987 x\n29.07 Order for discovery ...................................................................... 108\n29.08 Order for particular discovery ...................................................... 109\n29.09 Inspection of documents referred to in list of documents or\naffidavit ........................................................................................ 109\n29.10 Inspection of documents referred to in pleadings and affidavits .. 110\n29.11 Order for discovery ...................................................................... 111\n29.12 Direction as to documents ........................................................... 111\n29.13 Inspection of document by Court ................................................. 111\n29.14 Default on discovery .................................................................... 112\n29.15 Copy list or affidavit to be filed ..................................................... 112\n29.16 Discovery a continuing obligation ................................................ 112\n30.01 Definitions .................................................................................... 112\n30.02 Service of interrogatories ............................................................. 112\n30.03 Statement as to who to answer ................................................... 113\n30.04 Filing interrogatories and time for answers .................................. 113\n30.05 Source for answers to interrogatories .......................................... 113\n30.06 How interrogatories to be answered ............................................ 114\n30.07 Ground of objection to answer ..................................................... 114\n30.08 Who to answer interrogatories ..................................................... 115\n30.09 Failure to answer interrogatories ................................................. 115\n30.10 Non-compliance with order .......................................................... 116\n30.11 Answers as evidence ................................................................... 116\n31.01 Definitions .................................................................................... 116\n31.02 When is examination available .................................................... 117\n31.03 Application for and consent to examination ................................. 117\n31.04 Effect of consent or order ............................................................ 119\n31.05 Examination of corporations ........................................................ 119\n31.06 Examiner ..................................................................................... 120\n31.07 Attendance on examination ......................................................... 120\n31.08 Powers of examiner ..................................................................... 120\n31.09 Record of examination ................................................................. 120\n31.10 How party to be examined ........................................................... 121\n31.11 Order to answer question ............................................................ 121\n31.12 Costs of examination ................................................................... 122\nOrder 32 Preliminary discovery and discovery from\nnon-party\n32.01 Definitions .................................................................................... 122\n32.02 Privilege ....................................................................................... 122\n32.03 Discovery to identify a defendant................................................. 123\n32.04 Party an applicant ........................................................................ 123\n\nSupreme Court Rules 1987 xi\n32.05 Discovery from prospective defendant ........................................ 123\n32.06 Party an applicant ........................................................................ 124\n32.07 Discovery from non-party............................................................. 124\n32.08 Procedure .................................................................................... 124\n32.09 Inspection of documents .............................................................. 124\n32.10 Directions as to documents ......................................................... 125\n32.11 Costs ........................................................................................... 125\nOrder 33 Medical examination and service of\nhospital and medical reports\n33.01 Application ................................................................................... 125\n33.02 Counterclaim ............................................................................... 125\n33.03 Definitions .................................................................................... 125\n33.04 Notice for examination ................................................................. 126\n33.05 Expenses ..................................................................................... 126\n33.06 Report of examination ................................................................. 126\n33.07 Service of reports ........................................................................ 127\n33.08 Time for service ........................................................................... 127\n33.09 Proceeding against medical expert.............................................. 128\n33.10 Material for Court ......................................................................... 128\n33.11 Medical report admissible ............................................................ 128\n33.12 No evidence unless disclosed in report ....................................... 130\n33.13 Medical report generally not admissible unless this Order\ncomplied with ............................................................................... 130\n34.01 Powers of Court ........................................................................... 130\n34.03 Admissions and agreements ....................................................... 130\n34.04 Duty to obtain directions .............................................................. 131\n35.01 Definition...................................................................................... 131\n35.02 Voluntary admission of facts ........................................................ 131\n35.03 Notice for admission of facts........................................................ 131\n35.04 Judgment on admissions ............................................................. 132\n35.05 Notice for admission of documents.............................................. 132\n35.07 Restrictive effect of admission ..................................................... 132\n35.08 Notice to produce documents ...................................................... 132\n36.01 General ........................................................................................ 133\n36.02 Failure to amend within time limited ............................................ 134\n36.03 Amendment of pleading ............................................................... 134\n36.04 Disallowance of pleading amendment ......................................... 134\n36.05 How pleading amendment made ................................................. 134\n\nSupreme Court Rules 1987 xii\n36.06 Pleading to an amended pleading ............................................... 135\n36.07 Amendment of judgment or order ................................................ 135\nOrder 37 Inspection, detention and preservation of\n37.01 Inspection, detention, etc., of property......................................... 135\n37.02 Inspection from prospective defendant ........................................ 136\n37.03 Procedure .................................................................................... 136\n37.04 Disposal of perishable property ................................................... 137\n37.05 Payment into Court in discharge of lien ....................................... 137\n37.06 Interim distribution of property or income .................................... 137\n37.07 Jurisdiction of Court not affected ................................................. 138\n37A.01 Definitions .................................................................................... 138\n37A.02 Freezing order ............................................................................. 138\n37A.03 Ancillary order.............................................................................. 139\n37A.04 Respondent need not be party to proceeding .............................. 139\n37A.05 Order against judgment debtor, prospective judgment debtor\nor third party ................................................................................ 139\n37A.06 Jurisdiction................................................................................... 140\n37A.07 Service outside Australia of application for freezing order or\nancillary order .............................................................................. 141\n37A.08 Costs ........................................................................................... 141\n37B.01 Definitions .................................................................................... 141\n37B.02 Search order ................................................................................ 141\n37B.03 Requirements for grant of search order ....................................... 142\n37B.04 Jurisdiction................................................................................... 142\n37B.05 Terms of search order ................................................................. 142\n37B.06 Independent solicitors.................................................................. 143\n37B.07 Costs ........................................................................................... 143\nOrder 38 Injunctions\n38.01 When Court may grant ................................................................ 144\n38.02 Application before trial ................................................................. 144\n38.03 Costs and expenses of non-party ................................................ 144\n38.04 Ouster of office ............................................................................ 144\n39.01 Application and definitions ........................................................... 144\n39.02 Appointment of receiver ............................................................... 145\n39.03 Service of order ........................................................................... 145\n\nSupreme Court Rules 1987 xiii\n39.04 Consent of receiver ..................................................................... 145\n39.05 Security by receiver ..................................................................... 145\n39.06 Remuneration of receiver ............................................................ 145\n39.07 Receiver's accounts ..................................................................... 146\n39.08 Default by receiver ....................................................................... 146\n39.09 Directions to receivers ................................................................. 146\n40.01 Definition...................................................................................... 147\n40.02 Evidence of witness ..................................................................... 147\n40.03 Contrary direction as to evidence ................................................ 147\n40.04 Examination on affidavit .............................................................. 148\n40.05 Evidence of particular facts.......................................................... 148\n40.06 Revocation or variation of order................................................... 148\n40.07 Deposition as evidence ............................................................... 148\n40.08 Proof of Court documents ............................................................ 149\n40.09 Evidence of consent .................................................................... 149\n40.10 Defamation .................................................................................. 150\n40.11 Subsequent use of evidence at trial............................................. 150\n40.12 Attendance and production .......................................................... 150\n40.13 View ............................................................................................. 150\n40.14 Preservation of exhibits ............................................................... 150\n41.01 Order for witness examination ..................................................... 151\n41.02 Documents for examiner.............................................................. 151\n41.03 Appointment for examination ....................................................... 151\n41.04 Conduct of examination ............................................................... 152\n41.05 Examination of additional persons ............................................... 152\n41.06 Objection ..................................................................................... 152\n41.07 Taking of depositions ................................................................... 153\n41.08 Authentication and filing .............................................................. 153\n41.09 Report of examiner ...................................................................... 154\n41.10 Default of witness ........................................................................ 154\n41.11 Witness allowance ....................................................................... 154\n41.12 Perpetuation of testimony ............................................................ 154\n41.13 Letter of request .......................................................................... 155\n41.14 Translation ................................................................................... 155\n41.15 Undertaking ................................................................................. 156\n41.16 Order for payment of expenses ................................................... 156\n42.01 Interpretation ............................................................................... 156\n42.02 Issuing of subpoena .................................................................... 157\n42.03 Form of subpoena ....................................................................... 158\n42.03A Alteration of date or time for attendance or production ................ 158\n\nSupreme Court Rules 1987 xiv\n42.04 Setting aside or other relief .......................................................... 158\n42.05 Service......................................................................................... 159\n42.06 Compliance with subpoena.......................................................... 159\n42.07 Production otherwise than upon attendance................................ 160\n42.08 Removal, return, inspection, copying and disposal of\ndocuments and things ................................................................. 160\n42.09 Inspection of, and dealing with, documents and things\nproduced otherwise than on attendance ...................................... 160\n42.10 Disposal of documents and things produced ............................... 162\n42.11 Costs and expenses of compliance ............................................. 162\n42.12 Failure to comply with subpoena – contempt of court.................. 163\n42.13 Documents and things in the custody of a court .......................... 163\n43.01 Form of affidavit ........................................................................... 164\n43.02 Affidavit by illiterate or blind person ............................................. 164\n43.03 Content of affidavit ....................................................................... 165\n43.04 Affidavit by 2 or more deponents ................................................. 165\n43.05 Alterations.................................................................................... 165\n43.06 Annexures and exhibits ............................................................... 165\n43.07 Time for making affidavit.............................................................. 166\n43.08 Irregularity.................................................................................... 166\n43.09 Filing ............................................................................................ 166\n43.10 Affidavit witnessed by party ......................................................... 166\n44.01 Definition...................................................................................... 166\n44.02 Application ................................................................................... 167\n44.03 Service of statement of expert evidence ...................................... 167\n44.04 Making statement of other party evidence ................................... 168\n44.05 Expert witnesses giving evidence on same or similar question ... 168\n45.01 Definition...................................................................................... 170\n45.02 Evidence by affidavit .................................................................... 170\n45.03 Judgment where no appearance ................................................. 170\n45.04 Proceedings after appearance..................................................... 170\n45.05 Special procedure........................................................................ 171\n46.01 Application ................................................................................... 172\n46.02 Application by summons .............................................................. 172\n46.03 Notice of application .................................................................... 172\n46.04 Form and filing of summons ........................................................ 172\n46.05 Service......................................................................................... 173\n\nSupreme Court Rules 1987 xv\n46.05.1 Day for hearing ............................................................................ 173\n46.06 Adjournment ................................................................................ 174\n46.07 Absence of party to summons ..................................................... 174\n46.08 Setting aside ................................................................................ 174\n47.01 Place of trial ................................................................................. 175\n47.02 Mode of trial ................................................................................. 175\n47.03 Jury procedure............................................................................. 175\n47.04 Separate trial of question ............................................................. 175\n47.05 Judgment after determination of preliminary question ................. 175\nOrder 48 Case flow management and setting down\nfor trial\n48.01 Definitions .................................................................................... 176\n48.02 Application ................................................................................... 177\n48.03 Directions by Registrar ................................................................ 177\n48.04 Convening initial directions hearing ............................................. 178\n48.05 Notice of initial directions hearing ................................................ 178\n48.06 Categorising proceedings ............................................................ 179\n48.07 Category C and D proceedings ................................................... 180\n48.08 Category A, B and E proceedings ............................................... 181\n48.09 Notice of adjourned or further directions hearings ....................... 181\n48.10 Party to attend directions hearing ................................................ 182\n48.11 Non-attendance at directions hearing .......................................... 182\n48.11A Case management conference.................................................... 183\n48.12 Settlement conference ................................................................. 185\n48.13 Mediation ..................................................................................... 187\n48.14 Costs of directions hearings, case management conferences,\nsettlement conferences and mediations ...................................... 189\n48.15 Papers for trial Judge .................................................................. 189\n48.16 Listing hearing ............................................................................. 189\n48.17 Listing for trial .............................................................................. 190\n48.18 Matters to be considered before listing for trial ............................ 190\n48.19 Cost of listing hearing .................................................................. 192\n48.20 Trial lists ...................................................................................... 192\n48.21 Fixing hearing dates .................................................................... 192\n48.21A Trial dates vacated only in extraordinary circumstances ............. 193\n48.22 Pre-trial directions hearing before trial Judge .............................. 193\n\nSupreme Court Rules 1987 xvi\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Directions hearings and conferences by","content":"Part 4 Directions hearings and conferences by\nvideoconference or teleconference\n48.23 Proceedings commenced in Alice Springs................................... 193\n48.24 Other proceedings ....................................................................... 194\n48.25 Witness statements ..................................................................... 195\n48.26 Evidence at trial by videoconference ........................................... 196\n48.27 Self-executing orders ................................................................... 197\n48.28 Experimental rules ....................................................................... 198\n49.01 Order of evidence and addresses................................................ 199\n49.02 Absence of party.......................................................................... 200\n49.03 Adjournment of trial ..................................................................... 200\n49.04 Death before judgment ................................................................ 201\n49.05 Certificate of Associate ................................................................ 201\n50.01 Reference to referee .................................................................... 201\n50.02 Directions as to procedure ........................................................... 201\n50.03 Report on reference ..................................................................... 202\n50.05 Committal .................................................................................... 202\n50.06 Remuneration of referee .............................................................. 203\n51.01 Mode of assessment ................................................................... 203\n51.02 Notice to other party .................................................................... 203\n51.03 Procedure on assessment ........................................................... 203\n51.04 Order for damages ...................................................................... 203\n51.05 Default judgment against some defendants................................. 204\n51.06 Continuing cause of action .......................................................... 204\n51.07 Value of goods............................................................................. 204\n52.01 Account or inquiry at any stage ................................................... 204\n52.02 Directions for account .................................................................. 204\n52.03 Form and verification of account.................................................. 205\n52.04 Filing and service of account ....................................................... 205\n52.05 Notice of charge, error in account................................................ 205\n52.06 Allowances .................................................................................. 205\n52.07 Delay ........................................................................................... 205\n52.08 Fund distribution before all entitled ascertained .......................... 206\n\nSupreme Court Rules 1987 xvii\n53.01 Application ................................................................................... 206\n53.02 Originating process ...................................................................... 206\n53.03 Who to be defendant ................................................................... 206\n53.04 Affidavit in support ....................................................................... 207\n53.05 Service......................................................................................... 207\n53.06 Occupier made a party ................................................................ 207\n53.07 Judgment for possession ............................................................. 207\n53.08 Warrant of possession ................................................................. 208\nOrder 54 Administration of estates and execution of\ntrusts\n54.01 Definitions .................................................................................... 208\n54.02 Relief without general administration ........................................... 208\n54.03 Parties ......................................................................................... 209\n54.04 Notice of proceeding and judgment ............................................. 210\n54.05 Relief in proceeding by originating motion ................................... 210\n54.06 Judgment in administration proceeding ....................................... 210\n54.07 Conduct of sale............................................................................ 211\n55.01 Definition...................................................................................... 211\n55.02 Power to order sale ..................................................................... 211\n55.03 Notice of application .................................................................... 211\n55.04 Manner of sale ............................................................................. 211\n55.05 Certifying result of sale ................................................................ 212\n55.06 Mortgage, exchange or partition .................................................. 212\nOrder 55A Application for appointment as public\nnotary\n55A.01 Publication of notice of proposed application............................... 212\n55A.02 Application ................................................................................... 213\n56.01 Judgment or order instead of writ ................................................ 213\n56.02 Time for commencement of proceeding ...................................... 213\n57.01 Definition...................................................................................... 214\n57.02 Application for writ ....................................................................... 214\n57.03 Order on application .................................................................... 214\n57.04 Further application for writ ........................................................... 215\n\nSupreme Court Rules 1987 xviii\n57.05 Service......................................................................................... 215\n57.06 Disobedience ............................................................................... 215\n57.07 Return to the writ ......................................................................... 216\n57.08 Person detained before Court...................................................... 216\n57.09 Production of person in confinement, to testify ............................ 216\n59.01 General relief ............................................................................... 216\n59.02 Date of effect ............................................................................... 216\n59.03 Time for compliance .................................................................... 217\n59.04 Statement of reasons for judgment.............................................. 217\n59.05 Notice of judgment to non-party................................................... 218\n59.06 Consent orders ............................................................................ 219\nOrder 60 Authentication and filing of judgments and\norders\n60.01 When authentication required ...................................................... 219\n60.02 Mode of authentication ................................................................ 220\n60.03 Drawing up of judgment or order ................................................. 220\n60.04 Order signed by Judge or Associate Judge ................................. 220\n60.05 Recitals in judgments and orders ................................................ 220\n60.06 Drawing up and settling ............................................................... 221\n60.07 Copy of judgment or order ........................................................... 221\n60.08 Form of judgment or order ........................................................... 222\n62.01 Definitions .................................................................................... 222\n62.02 When to give security .................................................................. 222\n62.03 Manner of giving security ............................................................. 223\n62.04 Failure to give security ................................................................. 223\n62.05 Variation or setting aside ............................................................. 223\nOrder 63 Costs\n63.01 Interpretation ............................................................................... 223\n63.02 Application ................................................................................... 225\n63.03 General rule ................................................................................. 226\n63.04 Time for order for costs, taxation and payment ........................... 226\n63.05 Costs of question or part of proceeding ....................................... 226\n63.06 By whom costs to be taxed .......................................................... 227\n63.07 Other orders for payment of costs ............................................... 227\n63.08 Cost on writ and on default judgment .......................................... 227\n63.09 Costs in Local Court, &c. ............................................................. 227\n63.10 No order for taxation required in certain cases ............................ 227\n\nSupreme Court Rules 1987 xix\n63.11 No order for costs required in certain cases ................................ 228\n63.12 Enforcement of order of Taxing Master ....................................... 229\n63.13 Costs in account .......................................................................... 229\n63.14 Order for payment ....................................................................... 229\n63.15 Offer of compromise .................................................................... 229\n63.16 Non-admission of fact or document ............................................. 230\n63.17 Interlocutory injunction ................................................................. 230\n63.18 Interlocutory application ............................................................... 230\n63.19 Inquiry as to ownership of property.............................................. 230\n63.20 Costs reserved ............................................................................ 230\n63.21 Costs liability of legal practitioner ................................................ 231\n63.22 Money claim in wrong Court, &c. ................................................. 232\n63.23 Trustee or mortgagee .................................................................. 232\n63.24 Application ................................................................................... 232\n63.25 Bases of taxation ......................................................................... 232\n63.26 Standard basis............................................................................. 233\n63.27 Indemnity basis............................................................................ 233\n63.28 General basis .............................................................................. 233\n63.29 Where indemnity basis applicable ............................................... 233\n63.30 Party as trustee ........................................................................... 233\n63.31 Costs payable to solicitor where money claimed by or on\nbehalf of person under disability .................................................. 234\n63.32 Ascertaining costs on a taxation .................................................. 235\n63.33 Powers of Taxing Master ............................................................. 235\n63.34 Costs of taxation .......................................................................... 236\n63.35 Application ................................................................................... 236\n63.36 Summons for taxation .................................................................. 237\n63.37 Filing of bill................................................................................... 237\n63.38 Service of bill ............................................................................... 238\n63.39 Defendant not appearing ............................................................. 238\n63.40 Content of bill............................................................................... 238\n63.41 Disbursement or fee not paid....................................................... 239\n63.42 Charge of lawyer out of Territory ................................................. 239\n63.43 Amendment of bill ........................................................................ 239\n63.44 Agreement as to part of bill .......................................................... 239\n63.45 Objection to bill ............................................................................ 240\n63.46 Discretionary costs ...................................................................... 241\n\nSupreme Court Rules 1987 xx\n63.47 Taxation where no objection ........................................................ 241\n63.48 Attendance of parties ................................................................... 242\n63.49 Reference to Judge ..................................................................... 242\n63.50 Notice to person interested in fund .............................................. 242\n63.51 Application by person liable to pay .............................................. 242\n63.52 Solicitor at fault ............................................................................ 243\n63.53 Cross costs .................................................................................. 243\n63.54 Order on taxation ......................................................................... 244\n63.55 Objection, reconsideration and review......................................... 244\n63.56 Application ................................................................................... 246\n63.57 Basis of taxation of costs payable by client ................................. 246\n63.58 Basis of taxation of costs payable otherwise than by client ......... 247\n63.59 Costs payable to solicitor by his own client.................................. 247\n63.60 Contentious business .................................................................. 247\n63.60.1 Costs in grant of probate or administration .................................. 248\n63.61 Procedure on taxation ................................................................. 248\n63.62 Appointment to tax....................................................................... 248\n63.63 Reference for taxation ................................................................. 249\n63.63A Taxation under settlement agreement ......................................... 249\n63.64 Failure to serve bill or tax ............................................................ 249\n","sortOrder":3},{"sectionNumber":"Part 7","sectionType":"part","heading":"Allowances or disallowances on taxation","content":"Part 7 Allowances or disallowances on taxation\n63.65 Application ................................................................................... 250\n63.66 Increased allowance .................................................................... 250\n63.67 Service of several documents...................................................... 250\n63.68 Inclusion in bill of disbursement not made ................................... 250\n63.69 Defendants with same solicitor .................................................... 250\n63.70 Certain cost to be included in witnesses allowance ..................... 250\n63.71 Negotiations................................................................................. 251\n63.72 Counsel's fees ............................................................................. 251\n63.72A Cancellation fees for counsel....................................................... 252\n63.73 Barrister and solicitor ................................................................... 253\n63.73A Increase in costs allowed if offer of compromise not accepted .... 253\n63.74 Interest on costs .......................................................................... 253\n63.75 GST ............................................................................................. 254\n63.76 Further provision as to costs and interest on costs...................... 261\n64.01 Definitions .................................................................................... 261\n64.02 Application ................................................................................... 261\n64.03 Party having carriage of proceeding ............................................ 262\n64.04 Draft of the case .......................................................................... 262\n\nSupreme Court Rules 1987 xxi\n64.05 Form and contents....................................................................... 262\n64.06 Settling the case .......................................................................... 262\n64.07 Objections.................................................................................... 263\n64.08 Signing the case .......................................................................... 263\n64.09 Stating the case ........................................................................... 263\n64.10 Extension of time ......................................................................... 263\n64.11 Filing the case ............................................................................. 263\n64.12 Setting down for hearing .............................................................. 263\n64.13 Documents .................................................................................. 263\n64.14 Inferences .................................................................................... 264\n64.15 Insufficient case ........................................................................... 264\n64.16 Disputed facts .............................................................................. 264\n65.01 Application ................................................................................... 264\n65.02 Mode of application ..................................................................... 264\n65.03 Service of document .................................................................... 265\n65.04 Documents for application ........................................................... 265\n65.05 Procedure on application ............................................................. 266\n66.01 Definitions .................................................................................... 267\n66.02 Payment of money....................................................................... 267\n66.03 Possession of land ...................................................................... 268\n66.04 Delivery of goods ......................................................................... 268\n66.05 Doing or abstaining from doing an act ......................................... 269\n66.06 Attendance of natural person....................................................... 269\n66.07 Attendance of corporation............................................................ 270\n66.08 Attendance before another Court, etc. ......................................... 270\n66.09 Contempt ..................................................................................... 270\n66.10 Service before committal or sequestration .................................. 270\n66.11 Substituted performance ............................................................. 271\n66.12 Enforcement by or against non-party........................................... 272\n66.13 Non-performance of condition ..................................................... 272\n66.14 Matters occurring after judgment ................................................. 272\n66.15 Order in aid of enforcement ......................................................... 272\n66.16 Stay of execution ......................................................................... 273\n67.01 Definitions .................................................................................... 273\n67.02 Order for examination or production ............................................ 273\n67.03 Corporation .................................................................................. 274\n67.04 Procedure .................................................................................... 274\n67.05 Record of examination ................................................................. 274\n\nSupreme Court Rules 1987 xxii\n68.01 Definitions .................................................................................... 274\n68.02 Leave to issue warrant ................................................................ 274\n68.03 Separate execution for costs ....................................................... 275\n68.04 Issue of warrant of execution ....................................................... 276\n68.05 Duration ....................................................................................... 276\n68.06 Costs of prior execution ............................................................... 277\n68.07 Provision for enforcing payment of money .................................. 277\n68.08 Form of warrant of execution ....................................................... 277\n69.01 Definitions .................................................................................... 277\n69.02 Application ................................................................................... 278\n69.03 New enforcement process ........................................................... 278\n69.04 Two or more warrants .................................................................. 278\n69.05 Order of sale ................................................................................ 278\n69.06 Time and place of sale ................................................................ 278\n69.07 Advertisement of sale .................................................................. 279\n69.08 Notional possession of goods ...................................................... 280\nOrder 70 Warrant of possession\n70.01 Payment of money....................................................................... 280\n70.02 Removal of goods on warrant of possession ............................... 280\n71.01 Definitions and application ........................................................... 280\n71.02 What debts attachable ................................................................. 281\n71.03 Bank account ............................................................................... 281\n71.04 Filing and service of garnishee summons ................................... 282\n71.05 Evidence on application for garnishee summons ........................ 282\n71.06 Garnishee summons ................................................................... 283\n71.07 Service of summons .................................................................... 283\n71.08 What debts attached, when and to what extent ........................... 284\n71.09 Payment to judgment creditor ...................................................... 284\n71.10 Dispute of liability by garnishee ................................................... 285\n71.11 Claim by other person ................................................................. 285\n71.12 Discharge of garnishee ................................................................ 285\n71.13 Money in Court ............................................................................ 285\n71.14 Costs ........................................................................................... 285\n72.01 Definitions .................................................................................... 286\n72.02 Application for attachment of earnings order ............................... 287\n72.03 Making of order............................................................................ 288\n\nSupreme Court Rules 1987 xxiii\n72.04 Attendance of or information about judgment debtor ................... 288\n72.05 Contents of order ......................................................................... 289\n72.06 Service of orders ......................................................................... 291\n72.07 Employer to make payments ....................................................... 291\n72.08 Attachment of earnings in place of other orders .......................... 292\n72.09 Execution after attachment of earnings ....................................... 292\n72.10 Discharge or variation of order .................................................... 292\n72.11 Cessation of attachment of earnings order .................................. 292\n72.12 Two or more orders in force......................................................... 293\n72.13 When varied order taken to be made .......................................... 293\n72.14 Notice to judgment debtor of payments ....................................... 293\n72.15 Determination of earnings............................................................ 293\n72.16 Service......................................................................................... 294\nOrder 73 Charging orders and stop orders and\nnotices\n73.01 Definitions .................................................................................... 294\n73.02 Order charging securities ............................................................ 295\n73.03 Filing and service of charging summons ..................................... 295\n73.04 Evidence on application for charging summons .......................... 295\n73.05 Charging summons ..................................................................... 296\n73.06 Service of summons .................................................................... 296\n73.07 Effect of service of summons....................................................... 296\n73.08 Order on summons hearing ......................................................... 297\n73.09 Effect and enforcement of charge................................................ 297\n73.10 Variation or discharge of order .................................................... 297\n73.11 Order charging funds in Court ..................................................... 297\n73.12 Stop order for funds in Court ....................................................... 297\n73.13 Stop notice on corporation stock not in Court .............................. 298\n73.14 Effect of stop notice ..................................................................... 299\n73.15 Withdrawal or discharge of stop notice ........................................ 299\n73.16 Prohibition of transfer of or payment on stock ............................. 299\n74.01 Procedure .................................................................................... 299\n74.02 Appointment of receiver by way of equitable execution ............... 299\nOrder 75 Contempt\nPart 1 Interpretation\n75.01 Definition...................................................................................... 300\nPart 2 Summary proceeding for contempt\n75.02 Contempt in face of the Court ...................................................... 300\n75.03 Procedure on hearing of charge .................................................. 300\n\nSupreme Court Rules 1987 xxiv\n75.04 Custody pending disposal of charge ............................................ 300\n75.05 Application ................................................................................... 300\n75.06 Procedure .................................................................................... 301\n75.07 Application by Registrar ............................................................... 301\n75.08 Arrest of respondent .................................................................... 301\n75.09 Warrant for arrest ........................................................................ 302\n75.10 Application ................................................................................... 302\n75.11 Punishment for contempt ............................................................. 302\n75.12 Discharge .................................................................................... 302\n75.13 Warrant for committal .................................................................. 302\n75.14 Costs ........................................................................................... 302\n76.01 Definitions .................................................................................... 303\n76.02 Enforcement by sequestration ..................................................... 303\n76.03 Order for sequestration ................................................................ 303\n76.04 Application ................................................................................... 303\n77.01 Authority in civil proceedings ....................................................... 304\n77.02 Limitation on authority ................................................................. 306\n77.03 Associate Judge to hear application ............................................ 307\n77.04 Reference by Associate Judge to Judge ..................................... 307\n78.01 Directions in judgment ................................................................. 308\n78.02 Claims ......................................................................................... 309\n78.03 Interest on debts .......................................................................... 310\n78.04 Interest on legacies ..................................................................... 310\n78.05 Account or inquiry by Associate Judge ........................................ 310\n78.06 Associate Judges's order............................................................. 310\n79.01 Application ................................................................................... 311\n79.02 Litigants' Fund ............................................................................. 311\n79.03 Particulars of payment ................................................................. 311\n79.04 Other application of moneys ........................................................ 311\n79.05 Money in Court or to be paid into Court for person under\ndisability ....................................................................................... 312\n\nSupreme Court Rules 1987 xxv\n79.06 Delay ........................................................................................... 312\n79.07 Investment of moneys paid into Court ......................................... 313\n79.07.1 Unclaimed money ........................................................................ 313\n79.08 Payment under order ................................................................... 314\n80.01 Application ................................................................................... 314\n80.02 Documents required .................................................................... 314\n80.03 Service......................................................................................... 315\n80.04 Affidavit of service ....................................................................... 315\n80.05 Certificate .................................................................................... 315\n81.01 Procedure .................................................................................... 316\n81.02 Examiner ..................................................................................... 317\n81.03 Conduct of examination ............................................................... 317\n81.04 Attendance of non-party .............................................................. 317\n81.05 Deposition and exhibits ............................................................... 317\n81.06 Certificate .................................................................................... 318\n","sortOrder":4},{"sectionNumber":"Part 1A","sectionType":"part","heading":"General rules of procedure in criminal","content":"Chapter 1A General rules of procedure in criminal\nOrder 81A General\n81A.01 Interpretation ............................................................................... 318\n81A.02 Application ................................................................................... 320\n81A.02A Authority of Associate Judge in criminal proceedings.................. 320\n81A.03 Dispensing with compliance ........................................................ 320\n81A.04 Time ............................................................................................ 320\n81A.05 Private practitioner acting for accused to notify Court ................. 320\nPart 2 Filing, sealing and inspection of court\ndocuments\n81A.06 How document is filed ................................................................. 321\n81A.07 Place of filing ............................................................................... 321\n81A.08 Date of filing................................................................................. 321\n81A.09 Inspection of documents .............................................................. 321\n81A.10 Service......................................................................................... 322\n81A.11 Applications generally .................................................................. 322\n\nSupreme Court Rules 1987 xxvi\n81A.12 Proceeding for breach of bail ....................................................... 323\n81A.14 Arraignments ............................................................................... 324\n81A.15 Fixing time for pre-trial conference .............................................. 325\n81A.16 Pre-trial conference ..................................................................... 325\n81A.17 Powers of criminal registrar at pre-trial conference ..................... 326\n81A.18 Pre-trial hearing ........................................................................... 328\n81A.19 Tendering documents at pre-trial conference or pre-trial\nhearing ........................................................................................ 328\n81A.20 Definition...................................................................................... 329\n81A.21 Duty to disclose risk..................................................................... 329\n81A.22 Court may order disclosure to Sheriff and officer in charge of\nprison ........................................................................................... 329\n81A.23 Sheriff to be informed of and explain order .................................. 330\n81A.24 \"At risk\" to be written on warrants ................................................ 330\n81A.25 Subpoenas .................................................................................. 330\n81A.26 Evidence by videoconferencing ................................................... 331\n81A.27 Victim impact statements and victim reports................................ 332\n81A.27A Special hearing ............................................................................ 332\n81A.27B Accused to plead ......................................................................... 333\n81A.27C Objection to admissibility of evidence .......................................... 333\n81A.27D Special hearing may be re-opened .............................................. 333\n81A.27E Duplicate of recording to be made ............................................... 334\n81A.27F Editing of recording...................................................................... 334\n81A.27G Access to recording ..................................................................... 334\n81A.27H Transcript..................................................................................... 335\n81A.27J Other matters............................................................................... 335\n81A.28 Discovery, inspection and preservation of property ..................... 335\n81A.29 Inspection, detention and preservation of property ...................... 336\n81A.30 Rights of person affected by ex parte orders ............................... 337\n\nSupreme Court Rules 1987 xxvii\n","sortOrder":5},{"sectionNumber":"Part 8","sectionType":"part","heading":"Orders made at trial or other hearing","content":"Part 8 Orders made at trial or other hearing\nrelating to exhibits and other property\n81A.31 Return of preliminary exhibits ...................................................... 338\n81A.32 Preservation of exhibits ............................................................... 338\n81A.33 Court of trial may permit conditional release of documents etc. .. 339\n81A.34 Release of documents etc. tendered in pursuance of\nsection 189 of Evidence (National Uniform Legislation)\nAct 2011 ...................................................................................... 339\n81A.35 Destruction of uncollected documents etc. .................................. 339\n81A.36 Custody of property of person found guilty .................................. 339\n81A.37 Order for security to be given ...................................................... 340\n81A.38 Consequential orders .................................................................. 340\n81A.38A Submissions on sentencing or sentencing by videoconference\nby the Judge's own motion .......................................................... 341\n81A.38B Submissions on sentencing or sentencing by videoconference\nby application............................................................................... 342\n81A.39 Record of proceedings and recording of orders........................... 342\n81A.40 Certificate of conviction ............................................................... 344\n81A.41 Form of warrants, orders etc........................................................ 345\nOrder 82 Rules for appeals\n82.01 Definitions .................................................................................... 347\n82.02 Application to appeals ................................................................. 347\n82.03 Operation of Chapter 1 ................................................................ 348\n82.04 Filing and service of notice of appeal .......................................... 348\n82.05 Contents of notice of appeal ........................................................ 348\n82.06 Amendment by supplementary notice ......................................... 349\n82.07 Competency of appeal ................................................................. 349\n82.08 Cross-appeal ............................................................................... 350\n82.09 Notice of contention ..................................................................... 350\n82.10 Party's submissions and list of authorities ................................... 351\n\nSupreme Court Rules 1987 xxviii\n82.11 Preparation of draft index to appeal book .................................... 351\n82.12 Directions hearing........................................................................ 351\n82.13 Appeal book................................................................................. 352\n82.14 Application of Part ....................................................................... 353\n82.15 Filing and service of applications ................................................. 354\n82.16 Supporting documents ................................................................. 354\n82.17 Hearing at same time as appeal .................................................. 354\n82.18 Response to application .............................................................. 355\n82.19 Determination of application ........................................................ 355\n82.20 If leave granted ............................................................................ 355\nPart 4 Specific matters relating to criminal\nappeals\n82.21 Criminal Code certificate.............................................................. 356\n82.22 Consequential orders .................................................................. 356\n82.23 Reservation of points of law......................................................... 357\n82.24 Failure to appear ......................................................................... 357\n82.25 Notice under Criminal Code......................................................... 358\n82.26 Parties ......................................................................................... 358\n82.27 Serial numbers and seals ............................................................ 358\n82.28 No stay of proceedings or execution ........................................... 359\n82.29 Discontinuance of appeal ............................................................ 359\n82.30 Forms .......................................................................................... 359\nOrder 88 Probate and administration rules\n88.01 Application ................................................................................... 360\n88.01.1 Validation of will ........................................................................... 360\n88.02 Interpretation ............................................................................... 361\n88.03 Transition ..................................................................................... 361\n88.04 Heading and title.......................................................................... 361\n88.05 Powers of Registrar ..................................................................... 362\n\nSupreme Court Rules 1987 xxix\n88.05A Application by minor for authorisation to make etc. will ............... 363\n88.05B Application for leave to apply for order regarding will of person\nwithout testamentary capacity ..................................................... 364\n88.05C Application for order to rectify will ................................................ 364\n88.05D Application under section 18, 20 or 27 of Wills Act 2000 to be\nheard by Judge ............................................................................ 364\n88.06 Application of Part ....................................................................... 365\n88.07 Commencement of proceedings .................................................. 365\n88.08 Hearing ........................................................................................ 365\n88.09 Publication of notice of intended application ................................ 365\n88.10 Delay ........................................................................................... 366\n88.11 Domicile out of the Territory......................................................... 366\n88.12 Identity ......................................................................................... 366\n88.13 Renunciation................................................................................ 366\n88.14 Evidence of attestation ................................................................ 366\n88.15 Testator's knowledge and approval of contents........................... 367\n88.16 Further evidence as to execution................................................. 367\n88.17 Date of execution......................................................................... 368\n88.18 Interlineations, obliterations and alterations................................. 368\n88.19 Documents referred to or attached .............................................. 368\n88.20 Part of will paper torn off or cut off ............................................... 368\n88.21 Burning, tearing or other sign of revocation ................................. 369\n88.22 Inoperative will ............................................................................. 369\n88.23 Evidence and documents in applications for probate .................. 369\n88.24 Evidence and documents in applications for administration ........ 371\n88.25 Evidence and documents in applications for administration\nwith will annexed ......................................................................... 374\n88.26 Evidence and documents in applications for resealing ................ 375\n88.27 Affidavit of assets and liabilities ................................................... 376\n88.28 Administration during minority ..................................................... 376\n88.29 Elected guardians ........................................................................ 377\n88.30 Assigned guardians ..................................................................... 377\n88.31 Leave to commence proceedings ................................................ 378\n88.32 Citations....................................................................................... 378\n88.33 Proceeding for leave .................................................................... 378\n\nSupreme Court Rules 1987 xxx\n88.34 Applications in small estates........................................................ 379\n88.35 Directions..................................................................................... 379\n88.36 Record of death ........................................................................... 380\nPart 7 Intestate Aboriginals\n88.37 Form of application ...................................................................... 380\n88.38 Application of Division ................................................................. 380\n88.39 Commencement of proceeding.................................................... 380\n88.40 Claims of interest ......................................................................... 380\n88.41 Deposit of grant ........................................................................... 381\n88.42 Commencement of non-contentious proceedings ....................... 381\n88.43 Commencement of contentious proceedings............................... 381\n","sortOrder":6},{"sectionNumber":"Part 10","sectionType":"part","heading":"Contentious proceedings generally","content":"Part 10 Contentious proceedings generally\n88.44 Cross-claim.................................................................................. 382\n88.45 Intervention .................................................................................. 382\n88.46 Request for issue......................................................................... 382\n88.47 Citation to be settled .................................................................... 382\n88.48 Seal ............................................................................................. 382\n88.49 Registrar to file copy .................................................................... 382\n88.50 Citation to bring in abolished ....................................................... 383\n88.51 Citation to pray for administration ................................................ 383\n88.52 Citation to take probate ............................................................... 383\n88.53 Citation to see proceeding ........................................................... 383\n88.54 Proceeding where executor neglects to prove will ....................... 383\n88.55 Time for answer to a citation........................................................ 384\n88.56 Service......................................................................................... 384\n88.57 Appearance by person cited to see ............................................. 385\n88.58 Election to be respondent ............................................................ 385\n88.59 Person under disability ................................................................ 386\n88.60 Person under disability elects to become defendant ................... 387\n88.61 Proof of service of citation to see................................................. 387\n88.62 Caveat in respect of grant............................................................ 387\n\nSupreme Court Rules 1987 xxxi\n88.63 Caveat for solemn form ............................................................... 388\n88.64 Duration ....................................................................................... 388\n88.65 Leave to withdraw caveat – no proceeding for grant ................... 388\n88.66 Leave to withdraw caveat – proceeding for grant ........................ 388\n88.67 Withdrawal ................................................................................... 389\n88.68 Recoupment of costs ................................................................... 389\n88.69 Citation of caveator to see ........................................................... 389\n88.70 Order that caveat cease to be in force......................................... 389\n88.71 Proceeding by a writ or originating motion ................................... 390\n88.74 Service of notice or summons under section 91 .......................... 390\n88.75 Extension of time ......................................................................... 391\n88.76 Order to file, &c., accounts .......................................................... 391\n88.77 Commencement of proceeding for passing or commission ......... 392\n88.78 Proceeding for passing accounts, &c. ......................................... 392\n88.79 Uncontested proceeding for passing accounts ............................ 394\n88.80 Affidavits in support of commission ............................................. 394\n88.81 Renunciation................................................................................ 394\n88.82 Notice .......................................................................................... 395\n88.83 Review ......................................................................................... 395\n88.84 Accounting party .......................................................................... 395\n88.85 Public Trustee.............................................................................. 396\n88.86 Applications under Probate Act and these Rules......................... 396\n88.87 Notice of appearance .................................................................. 396\n88.88 Notice of intended distribution ..................................................... 396\n88.89 Registrar not to deal with application for representation in\ncertain cases ............................................................................... 397\n88.90 Solemn form ................................................................................ 397\n89.01 Application ................................................................................... 397\n89.02 Definitions .................................................................................... 398\n89.03 Form of documents...................................................................... 398\n89.04 Application by Attorney-General .................................................. 398\n89.05 Removal of proceeding ................................................................ 398\n89.06 Notice .......................................................................................... 399\n89.07 Service out of Territory ................................................................ 399\n89.08 Procedure after transfer ............................................................... 399\n89.09 Conduct of proceeding ................................................................ 400\n89.10 Directions..................................................................................... 400\n89.11 Applications made to Judge......................................................... 400\n\nSupreme Court Rules 1987 xxxii\n90.01 Interpretation ............................................................................... 400\n90.02 Registrar and Marshall ................................................................ 401\n90.03 Operation of Chapters 1 and 2 .................................................... 401\n90.04 Marshall may charge fees............................................................ 401\nOrder 91 Commercial arbitration\n91.01 Definitions .................................................................................... 404\n91.02 Application of Chapter 1 .............................................................. 404\n91.03 Commencement of proceedings .................................................. 404\n91.04 Jurisdiction of Associate Judges.................................................. 404\n91.05 Court assistance in taking evidence ............................................ 404\n91.06 Subpoenas .................................................................................. 405\n91.07 Application to determine a question of law .................................. 405\n91.08 Application to set aside an arbitral award .................................... 406\n91.09 Appeal on a question of law......................................................... 406\n91.10 Enforcement of award ................................................................. 407\n91.11 Application of Part ....................................................................... 407\n91.12 Offer of compromise .................................................................... 408\n91.13 Time for making or accepting an offer ......................................... 408\n91.14 Offer without prejudice ................................................................. 409\n91.15 Time for payment......................................................................... 409\n91.16 Withdrawal of acceptance............................................................ 409\n91.17 Disclosure of offer to arbitrator .................................................... 409\n91.18 Failure to comply with accepted offer .......................................... 410\n91.19 Costs if the offer is not accepted ................................................. 410\nPart 3 Transitional matters for Supreme Court\nAmendment (Commercial Arbitration)\nRules 2013\n91.20 Transitional matters ..................................................................... 411\n\nSupreme Court Rules 1987 xxxiii\n92.01 Interpretation ............................................................................... 411\n92.02 Application ................................................................................... 411\n92.03 Application ex parte ..................................................................... 412\n92.04 Application on notice ................................................................... 412\n92.05 Application in relation to deceased person .................................. 412\n92.06 Evidence by affidavit .................................................................... 413\n92.07 Affidavit of service ....................................................................... 413\n92.08 Discovery ..................................................................................... 413\n92.09 Examination ................................................................................. 413\n92.10 Secrecy provisions in relation to examinations and matters\ngenerally ...................................................................................... 414\n92.11 Damages ..................................................................................... 414\n92.12 Registration of interstate orders................................................... 414\n92.13 Objection ..................................................................................... 414\n92.14 Restraining order ceasing to have effect ..................................... 415\n92.15 Forms .......................................................................................... 415\n93.01 Definitions .................................................................................... 415\n93.02 Applications for bail or review of bail ........................................... 415\n93.03 Application of provisions of Chapter 1A ....................................... 416\n94.01 Interpretation ............................................................................... 416\n94.02 Application ................................................................................... 417\n94.03 Application under section 6 by originating motion........................ 417\n94.04 Affidavit ........................................................................................ 417\n94.05 Security for costs may be ordered ............................................... 418\n94.06 Order on application .................................................................... 418\n94.07 Notice of registration .................................................................... 418\n94.08 Application to set aside ................................................................ 419\n94.09 Enforcement of judgment............................................................. 419\n94.10 Certified copy of judgment ........................................................... 420\n94.11 Certificates ................................................................................... 420\n94.12 Associate Judge .......................................................................... 421\nChapter 10 Proceedings relating to lawyers\n95.01 Full Court to exercise jurisdiction of Court in certain matters\nrelating to lawyers ........................................................................ 421\n\nSupreme Court Rules 1987 xxxiv\n96.01 Purposes ..................................................................................... 421\n96.02 Definitions .................................................................................... 422\n96.03 Application ................................................................................... 423\n96.04 Proceedings to be conducted in English ...................................... 423\n96.05 When interpreters may be required ............................................. 423\n96.06 Who may act as an interpreter..................................................... 424\n96.07 Functions of interpreters .............................................................. 426\n96.08 Code of conduct for interpreters .................................................. 427\n96.09 Evidence adduced through interpreters ....................................... 427\n96.10 Court may give directions concerning interpreters....................... 428\n96.11 Application of other laws .............................................................. 429\n97.01 Form of application for waiver or deferral of fee .......................... 429\n97.02 Certificate that fees paid or waived .............................................. 429\n","sortOrder":7},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Code of Conduct for Interpreters in Legal","content":"Schedule 3 Code of Conduct for Interpreters in Legal\nProceedings\n\n____________________\nAs in force at 23 June 2025\n____________________\nSUPREME COURT RULES 1987\nRules under the Supreme Court Act 1979\nOrder 1 Preliminary matters\n1.01A Citation\nThese Rules may be cited as the Supreme Court Rules 1987.\n1.01 Definitions\nIn this Part:\ncommencement date means the date on which these Rules come\ninto operation.\nformer Rules means the Rules of the Supreme Court as in force\nimmediately before the commencement date.\npending proceeding means a civil proceeding in the Court to\nwhich, immediately before the commencement date, the former\nRules applied.\n1.02 Application\n(1) Subject to subrule (3), this Chapter applies to every civil proceeding\ncommenced in the Court on or after the commencement date.\n(2) Subject to this Part, this Chapter, with the necessary changes,\napplies to a pending proceeding, and anything required or permitted\nto be done under this Chapter with respect to a proceeding\ncommenced on or after the commencement date shall or may be\ndone in a pending proceeding.\n\nSupreme Court Rules 1987 2\n(3) This Chapter does not apply to a civil proceeding commenced in\nthe Court on or after the commencement date to which any other\nRules of the Supreme Court apply except as those other Rules\nprovide.\n(3A) This Chapter applies to any matter respecting an appeal, whether\ncivil or criminal, only to the extent provided in rule 82.03.\n(4) The repeal of the former Rules does not affect anything done or\nomitted to be done in a pending proceeding before the\ncommencement date and, except as provided in this Part, anything\nso done or omitted to be done before the commencement date shall\nbe taken to have been done or omitted under this Chapter.\n(5) Where the time for entering an appearance in a pending proceeding\nis limited by the originating process in the proceeding and, before\nthe commencement date, a defendant had not entered an\nappearance in the proceeding, the time limited for the purpose of\nthe filing by the defendant of an appearance under this Chapter is\nthe time limited in the originating process.\n(6) If before the commencement date an originating process issued in\na pending proceeding for service on a defendant out of the Territory\nhad not been served on that defendant, the former Rules continue\nto apply with respect to the service of the originating process on the\ndefendant out of the Territory as if this Chapter had not been made\nand, in particular:\n(a) the Court may make an order authorizing service of the\noriginating process on the defendant out of the Territory;\n(b) nothing in this Chapter affects an order authorizing such\nservice made before the commencement date; and\n(c) if the defendant is served out of the Territory in accordance\nwith an order of the Court and does not file an appearance\nwithin the time limited, the plaintiff is entitled to enter or apply\nfor judgment, and Order 21, with the necessary changes,\napplies as if the proceeding had been commenced by writ\nafter the commencement date and the writ had been served\non the defendant within the Territory.\n(6.1) Where originating process issued in a pending proceeding has not\nbeen served on a defendant who is out of the Territory, the former\nRules continue to apply with respect to the service of the originating\nprocess on the defendant out of the Territory as if these Rules had\nnot been made.\n\nSupreme Court Rules 1987 3\n(7) If an endorsement of claim on a writ of summons in a pending\nproceeding did not stand in place of or otherwise constitute a\nstatement of claim under the former Rules, then, in respect of a\ndefendant to whom the plaintiff had not delivered a statement of\nclaim before the commencement date, the plaintiff shall serve a\nstatement of claim on that defendant:\n(a) if the defendant entered an appearance before the\ncommencement date – within 14 days after the\ncommencement date; or\n(b) if the defendant files an appearance after the commencement\ndate – within 14 days after appearance.\n(8) An endorsement of claim on a writ of summons in a pending\nproceeding which stood in place of or otherwise constituted a\nstatement of claim under the former Rules shall be taken to be a\nstatement of claim for the purposes of these Rules.\n1.03 Jurisdiction not affected\nNothing in this Chapter limits the jurisdiction, power or authority\nwhich the Court had immediately before the commencement date.\n1.04 Proceedings in another Court\n(1) Except as the Court otherwise orders, these Rules, with the\nnecessary changes, apply to proceedings commenced in another\ncourt and remitted or transferred to or removed into the Court on or\nafter the commencement date as if they were a proceeding\ncommenced in the Court on the day they were remitted, transferred\nor removed.\n(2) For the purpose of this Part, a proceeding commenced in another\ncourt and remitted or transferred to or removed into the Court\nbefore the commencement date shall be taken to be a pending\n1.05 Judgment in pending proceeding\n(1) In this rule a reference to a judgment entered or given includes a\nreference to an order made.\n(2) Except as provided in this rule, this Chapter applies to a judgment\nentered or given in a pending proceeding as if it had been entered\nor given in a proceeding commenced after the commencement\ndate.\n\nSupreme Court Rules 1987 4\n(3) A judgment entered or given in a pending proceeding before the\ncommencement date may be enforced in accordance with this\nChapter but otherwise has the same force and effect as if this\nChapter had not been made.\n(4) Without limiting subrule (3):\n(a) no appeal may be brought, application to set aside or vary\nmade or other proceeding taken in respect of a judgment\nentered or given before the commencement date which could\nnot have been brought, made or taken in respect of that\njudgment under the former Rules immediately before the\ncommencement date; and\n(b) process commenced under the former Rules to enforce a\njudgment entered or given before the commencement date\nmay be continued or carried out and aided in accordance with\nthe former Rules.\n1.06 Payment into Court\n(1) In this rule payment into court, in relation to a pending\nproceeding, means the payment into court of an amount of money\nin satisfaction of the claim in the manner provided by the former\nRules, and includes the lodging with an Associate Judge of a notice\noffering to consent to judgment.\n(2) Where a payment into court was made in a pending proceeding\nbefore the commencement date, the former Rules shall continue to\napply with respect to the payment as if this Chapter had not been\n(3) Without limiting subrule (2), a second or further payment into court\nmay be made in accordance with the former Rules or this Chapter.\n(4) In a pending proceeding a plaintiff may serve an offer of\ncompromise in accordance with this Chapter on a defendant\nwhether or not the defendant has made a payment into court.\n(5) In a pending proceeding a defendant, whether or not he has made\na payment into Court, may serve an offer of compromise on the\nplaintiff under Order 26.\n1.07 Amendment\nRule 36.01(6) and (8) does not apply to a pending proceeding.\n\nSupreme Court Rules 1987 5\n1.08 Costs\n(1) In this rule relevant date means the date declared under Rules\namending this Chapter to be the relevant date for the purposes of\nthis rule.\n(2) The amount of costs for work done in a pending proceeding before\nthe relevant date shall be determined in accordance with the former\nRules, with the necessary changes, and the amount of costs for\nwork done in the proceeding on or after that date shall be\ndetermined in accordance with this Chapter.\n(3) For the purpose of this rule, work done in a pending proceeding on\nor after the relevant date in accordance with the former Rules shall,\nso far as practicable, be taken to have been done in accordance\nwith this Chapter.\n1.09 Interpretation\n(1) In this Chapter, unless the contrary intention appears:\nAct includes an Act of the Commonwealth.\nbodily injury includes an impairment of mental condition and a\ndisease.\nConvention means a Convention (other than the Hague\nConvention) with a foreign country, made with or made and\nextended to the Commonwealth or the Territory, with respect to\nlegal proceedings in civil or criminal matters.\ncorporation means a body corporate, whether formed within or out\nof the Territory.\ndocument includes a video tape, audio tape, disc, film or other\nmeans of recording.\ndiscovery means discovery and inspection of documents or\ndiscovery by written interrogatories or oral examination.\nHague Convention means the Convention on the Service Abroad\nof Judicial and Extrajudicial Documents in Civil or Commercial\nMatters done at the Hague on 15 November 1965.\nHague Convention country means a country, other than Australia,\nthat is a party to the Hague Convention.\n\nSupreme Court Rules 1987 6\njudgment given means a judgment given by the Court at the trial\nof a proceeding or on the hearing of an application in a proceeding.\nlegal practitioner means:\n(a) an Australian legal practitioner as defined in section 6(a) of the\nLegal Profession Act 2006;\n(b) the Secretary within the meaning of section 8 of the Law\nOfficers Act 1978;\n(c) the Secretary to the Attorney-General's Department of the\nCommonwealth;\n(d) the Commonwealth Director of Public Prosecutions; or\n(e) an AGS lawyer within the meaning of section 55I of the\nJudiciary Act 1903 of the Commonwealth.\nmake discovery of documents means make an affidavit of\ndocuments complying with the requirements of this Chapter, file the\naffidavit and serve a copy on the party or person entitled to the\ndiscovery.\nofficer, in relation to a corporation, includes a director, secretary,\nreceiver, receiver and manager, official manager, liquidator and\ntrustee administering a compromise or arrangement made between\nthe corporation and another person.\norder made means an order made by the Court at the trial of a\nproceeding or on the hearing of an application in a proceeding.\noriginating process means process by which a proceeding is\ncommenced, and includes a third party notice and, where a\ncounterclaim is made against a person not previously a party to the\nproceeding in which the counterclaim is made, the counterclaim.\npleading includes an endorsement of claim on a writ which\nconstitutes a statement of claim, and includes particulars of a\nProper Officer means an officer of the Court in charge of the\nRegistry or an officer of the Court appointed by the Chief Justice in\nrelation to the exercise of a power or the performance of a duty\nunder this Chapter.\nquestion means a question, issue or matter for determination by\nthe Court, whether of fact or law or of fact and law, raised by the\npleadings or otherwise at any stage of a proceeding by the Court,\nby a party or by a person, not a party, who has a sufficient interest.\n\nSupreme Court Rules 1987 7\nRegistrar includes an Associate Judge.\nRegistry means the Office of the Court at Darwin or Alice Springs.\nsolicitor means an Australian legal practitioner as defined in\nsection 6(a) of the Legal Profession Act 2006, other than a barrister\nas defined in that Act.\nTaxing Master means the officer of the Court whose duty it is to tax\ncosts in the Court.\n(2) In this Chapter, unless the contrary intention appears, a reference\nto:\n(a) a Judge is a reference to the Court constituted by a Judge;\nand\n(b) a proceeding commenced by writ includes a proceeding in\nrespect of which an order has been made under rule 4.07.\n(3) A reference in this Chapter to a Form of a particular alphanumeric\ndesignation means the form with that designation as approved by\nthe Chief Justice and published on the Court's website.\n1.09A Direction that Registrar may exercise Master's jurisdiction\n(1) Where under these Rules:\n(a) the jurisdiction of the Court is exercisable by an Associate\nJudge; or\n(b) a power or function is conferred on an Associate Judge;\nthe Associate Judge may direct that the Registrar may exercise the\nwhole or a specified part of that jurisdiction, power or function.\n(2) An Associate Judge must not make a direction under subrule (1)\nwithout the prior approval of the Chief Justice.\n\nSupreme Court Rules 1987 8\n1.10 Exercise of power\n(1) In exercising a power under this Chapter the Court:\n(a) must endeavour to ensure that all questions in the proceeding\nare resolved justly, promptly, economically and in proportion to\nthe nature of the dispute; and\n(b) may give any direction or impose any term or condition it\n(2) The Court may exercise a power under this Chapter of its own\nmotion or on the application of a party or of a person who has a\nsufficient interest.\n1.11 Procedure wanting or in doubt\n(1) Where the manner or form of the procedure:\n(a) for commencing or for taking a step in a proceeding; or\n(b) by which the jurisdiction, power or authority of the Court is\nexercisable,\nis not prescribed by this Chapter, a direction under section 72 of the\nAct or by or under any other Act, or for any other reason there is\ndoubt as to the manner or form of that procedure, the Court shall\ndetermine what procedure is to be adopted and may give\ndirections.\n(2) An act done in accordance with a determination or direction under\nsubrule (1) is regular and sufficient.\n(3) An application for directions under this rule with respect to the\ncommencement of a proceeding shall be made by originating\nmotion in which no person is named as the defendant and an\napplication for directions with respect to a proceeding already\ncommenced shall be made by summons.\n1.12 Act by corporation\nWhere the Court makes an order that a corporation do an act, it\nmay order that the act be done by the corporation by its appropriate\nofficer.\n\nSupreme Court Rules 1987 9\n1.13 Corporation a party\nExcept where otherwise provided by or under an Act or this\nChapter, a corporation, whether or not a party, shall not take a step\nin a proceeding except by a solicitor.\n1.14 Power to act by solicitor\nUnless the contrary intention appears, an act, matter or thing which\nunder the Act or this Chapter or otherwise by law is required or\npermitted to be done by a party may be done by the party's solicitor.\n1.15 Signature of solicitor\n(1) Where a signature by a solicitor is required or permitted for the\npurpose of a proceeding, the signature of that solicitor:\n(a) by a partner of the solicitor; or\n(b) by a solicitor who is an agent of the solicitor; or\n(c) by a partner of that agent; or\n(d) by a legal practitioner in the employ of that solicitor or that\nagent,\nshall be as sufficient for that purpose as the signature of that\nsolicitor, except in the case of an oath.\n(2) A signature made in pursuance of subrule (1) shall be accompanied\nby an indication of the capacity in which the signature is made.\nOrder 1A Overarching purpose of Chapter and pre-action\nconduct\n1A.01 Overarching purpose of Chapter\nThe overarching purpose of this Chapter is to facilitate the\nresolution of the real issues of substance in dispute in proceedings\njustly, promptly, economically and in proportion to the nature of the\ndispute.\n\nSupreme Court Rules 1987 10\n1A.02 Duty of parties\n(1) A party to a proceeding, and that party's legal practitioner, each\nhave a duty to the Court to assist the Court to further the\noverarching purpose of this Chapter in relation to the proceeding.\n(2) Subrule (1) does not affect:\n(a) the duties or obligations of any person, including a legal\npractitioner, in relation to legal professional privilege; or\n(b) the other duties that a legal practitioner may owe to the Court.\n1A.03 Application of Part\nThis Part applies in relation to each proceeding that is to be, or has\nbeen, commenced in Court if there is, or is likely to be, a dispute\nbetween the parties as to the orders that the Court should make in\n1A.04 Objectives of Part\nThe objectives of this Part are as follows:\n(a) to encourage the early exchange of full information about a\nprospective legal claim;\n(b) to enable parties to avoid litigation by agreeing a settlement of\nthe claim before the commencement of proceedings;\n(c) to support the efficient management of proceedings if litigation\ncannot be avoided.\n1A.05 Parties to follow reasonable procedure to avoid litigation\n(1) The parties to a dispute should follow a reasonable procedure,\nsuited to the parties' particular circumstances, that is intended to\navoid litigation.\n(2) The procedure should involve the following:\n(a) the prospective plaintiff giving the prospective defendant a\nletter setting out the details of the claim in accordance with\nrule 1A.06;\n(b) the prospective defendant acknowledging the letter of claim\npromptly in accordance with rule 1A.07;\n\nSupreme Court Rules 1987 11\n(c) the prospective defendant giving the prospective plaintiff a\ndetailed response to the letter of claim within a reasonable\ntime and in accordance with rule 1A.08;\n(d) the prospective plaintiff complying with rule 1A.09;\n(e) the parties conducting, in good faith, genuine and reasonable\nnegotiations with a view to settling the claim economically and\nwithout court proceedings.\n(3) If there are circumstances that require a party to commence a\nproceeding before complying with subrule (1), the parties should\nendeavour to comply with the spirit of subrule (1) as soon as\nreasonably possible after the proceeding has commenced.\nAn urgent application to the Court for an injunction, or to avoid a proceeding\nbecoming statute barred, might excuse non-compliance with subrule (1).\n1A.06 Letter of claim\nThe prospective plaintiff's letter setting out the details of the claim\nshould:\n(a) give sufficient concise details to enable the recipient to\nunderstand and investigate the claim without extensive further\ninformation; and\n(b) enclose copies of:\n(i) the essential documents on which the prospective\nplaintiff relies; and\n(ii) any documents, other than privileged documents, that\nmight significantly impair the prospective plaintiff's case;\nand\n(c) request each of the following:\n(i) a prompt acknowledgement of the letter;\n(ii) a detailed response to the letter within a reasonable\nspecified period; and\n(d) state whether court proceedings will be issued if the full written\nresponse is not received within the specified period; and\n(e) identify and request copies of any essential documents, not in\nthe prospective plaintiff's possession, that the prospective\nplaintiff wishes to see; and\n\nSupreme Court Rules 1987 12\n(f) if applicable – state that the prospective plaintiff wishes to\nenter into mediation or another alternative method of dispute\nresolution; and\n(g) make reference to the Court's powers to impose sanctions for\nfailure to comply with this Order and, if the recipient is likely to\nbe unrepresented, enclose a copy of this Order.\n1A.07 Acknowledgement of letter of claim\n(1) The prospective defendant should acknowledge the prospective\nplaintiff's letter of claim in writing within 14 days of receiving it.\n(2) The acknowledgement should specify:\n(a) the day by which the prospective defendant will give a detailed\nresponse to the letter of claim; and\n(b) if the response will be given after the period specified in the\nletter – the reasons why the prospective defendant requires a\nlonger period than specified.\n1A.08 Response to letter of claim\n(1) The prospective defendant's detailed response to the letter of claim\nshould:\n(a) state that the claim is accepted, in whole or in part, and make\nproposals for settlement; or\n(b) state that the claim is not accepted.\n(2) If the claim is accepted in part only, the response should make it\nclear which part is accepted and which part is not accepted.\n(3) If the prospective defendant does not accept the claim or any part\nof it, the response should:\n(a) set out detailed reasons as to why the claim, or part of it, is not\naccepted, identifying which of the contentions are accepted\nand which are in dispute; and\n(b) enclose copies of:\n(i) the essential documents on which the prospective\ndefendant relies; and\n(ii) any documents, other than privileged documents, that\nmight significantly impair the prospective defendant's\ncase; and\n\nSupreme Court Rules 1987 13\n(c) enclose copies of the documents requested by the prospective\nplaintiff or explain why the documents are not enclosed; and\n(d) identify and request copies of any essential documents, not in\nthe prospective defendant's possession, that the prospective\ndefendant wishes to see; and\n(e) state whether the prospective defendant is willing to enter into\nmediation or another alternative method of dispute resolution.\n1A.09 Provision of essential documents\nIf a prospective defendant's response under rule 1A.08 requests\ncopies of any essential documents, the prospective plaintiff should,\nwithin a reasonable time, give the prospective defendant:\n(a) the documents; or\n(b) a written explanation of why the documents have not been\n1A.10 Consideration of alternative method of dispute resolution\n(1) If the claim cannot be settled after the parties have complied with\nrule 1A.05(1), the parties should:\n(a) consider whether an alternative method of dispute resolution\nwould be more suitable than litigation to resolve the parties'\ndispute; and\n(b) if so – endeavour to agree which method to adopt.\n(2) If a proceeding is commenced, both the plaintiff and defendant may\nbe required by the Court to give evidence that an alternative\nmethod of dispute resolution was considered.\n1A.11 Consequences of non-compliance with Part\nIf, in the opinion of the Court, non-compliance with this Part has led\nto the commencement of a proceeding that might otherwise not\nhave needed to be commenced, or has led to delay or costs being\nincurred in the proceeding that might otherwise not have been\nincurred, the orders the Court may make include the following:\n(a) an order that the party at fault pay the costs of the proceeding,\nor part of those costs, of the other party or parties;\n(b) an order that the party at fault pay those costs on an indemnity\nbasis;\n\nSupreme Court Rules 1987 14\n(c) if the party at fault is a plaintiff in whose favour an order for the\npayment of damages or some specified sum is subsequently\nmade, an order:\n(i) depriving that party of interest on the sum and in respect\nof a specified period; or\n(ii) awarding interest at a lower rate than that at which\ninterest would otherwise have been awarded;\n(d) if the party at fault is a defendant and an order for the payment\nof damages or some specified sum is subsequently made in\nfavour of the claimant – an order awarding interest on the sum\nand in respect of a specified period at a higher rate than the\nrate at which interest would otherwise have been awarded.\n1A.12 Use of documents disclosed\n(1) Documents disclosed by a party in accordance with this Part may\nnot be used for any purpose other than resolving the dispute in\nrelation to which the documents were disclosed, or any subsequent\nproceeding relating to the dispute.\n(2) Subrule (1) is subject to any order of the Court.\n2.01 Effect of non-compliance\n(1) A failure to comply with this Chapter is an irregularity and does not\nrender a proceeding or step taken, or a document, judgment or\norder, in the proceeding a nullity.\n(2) Subject to rules 2.02 and 2.03, where there has been a failure to\ncomply with this Chapter, the Court may:\n(a) set aside the proceeding, either wholly or in part;\n(b) set aside a step taken in the proceeding or a document,\njudgment or order in the proceeding; or\n(c) exercise its powers under this Chapter to allow amendments\nand to make orders dealing with the proceeding generally.\n2.02 Originating process\nThe Court shall not wholly set aside a proceeding or the originating\nprocess by which a proceeding was commenced on the ground that\nthe proceeding was commenced by the wrong process.\n\nSupreme Court Rules 1987 15\n2.03 Application to set aside for irregularity\nThe Court shall not set aside a proceeding or a step taken in a\nproceeding, or a document, judgment or order in a proceeding, on\nthe ground of a failure to which rule 2.01 applies on the application\nof a party unless the application is made within a reasonable time,\nand before the applicant has taken a fresh step, after becoming\naware of the irregularity.\n2.04 Dispensing with compliance\nThe Court may dispense with compliance with a requirement of this\nChapter, either before or after the occasion for compliance arises.\nOrder 3 Time, vacations and Court office\n3.01 Calculating time\n(1) A period of time fixed by this Chapter or by a judgment or order, or\nby a document, in a proceeding shall be calculated in accordance\nwith this rule.\n(2) Where a period of one day or longer is to begin on, or to be\ncalculated from, a day or event, the day or the day of the event\nshall be excluded.\n(3) Where a period of one day or longer is to end on, or to be\ncalculated to, a day or event, the day or the day of the event shall\nbe included.\n(4) Where a period of 5 days or less would include a day on which the\nRegistry is closed, that day shall be excluded.\n(5) Where the last day for doing an act at the Registry of the Court is a\nday on which the Registry is closed, the act may be done on the\nnext day the Registry is open.\n3.02 Extension and abridgement\n(1) The Court may extend or abridge a time fixed by this Chapter or by\nan order fixing, extending or abridging time.\n(2) The Court may extend time under subrule (1) before or after the\ntime expires, whether or not an application for the extension is\nmade before the time expires.\n\nSupreme Court Rules 1987 16\n(3) A time fixed by this Chapter or by an order fixing, extending or\nabridging time may be extended by consent without an order of the\n3.03 Fixing time\nWhere no time is fixed by this Chapter or by a judgment or order for\ndoing an act in a proceeding, the Court may fix a time.\n3.04 Process in vacation\n(1) In calculating the time fixed by these Rules or by a judgment or\norder fixing, extending or abridging time, the period from\n","sortOrder":8},{"sectionNumber":"24","sectionType":"section","heading":"December to 9 January next following shall be excluded, unless","content":"24 December to 9 January next following shall be excluded, unless\nthe Court otherwise orders.\n(2) Where the Court makes an order under subrule (1), the party on\nwhose application the order was made shall serve a copy of the\norder:\n(a) in the case of an order with respect to the time for appearance\nto originating process – with the originating process; and\n(b) in any other case – on every other party forthwith.\n3.05 Proceedings after a year\nWhere a year or longer has elapsed since a party has taken a step\nin a proceeding, a party desiring the proceeding to continue shall\ngive to every other party not less than one month's notice in writing\nof his desire.\n3.06 Vacations\n(1) In this rule vacation means a period declared by the Chief Justice\nto be a vacation of the Court.\n(2) A hearing or trial shall not be held in vacation unless the Chief\nJustice otherwise directs.\n(3) Nothing in this rule prevents:\n(a) the Court or a Judge from sitting during vacation to dispose of\nurgent business; or\n\nSupreme Court Rules 1987 17\n(b) the Chief Justice from appointing a Judge from time to time to\nbe available to deal with urgent business arising during\nvacation.\nPart 3 Court office\n3.07 Registry\n(1) The Registry is to be open on every day of the year except\nSaturdays, Sundays, and public holidays under the Public Holidays\nAct 1981.\n(2) The hours of the Registry are to be from 9.00 am until 4.00 pm\nunless the Chief Justice directs otherwise.\n(3) A Judge, an Associate Judge or the Registrar may open the\nRegistry at any time on the request of a person if it is necessary to\ndo so to avoid injustice.\n4.01 How proceeding commenced\nExcept where otherwise provided by or under an Act or this\nChapter, a proceeding shall be commenced by writ or by originating\nmotion.\n4.02 Interlocutory application\nAn interlocutory or other application in a proceeding made on notice\nto a person shall be by summons.\n4.03 Names of parties\n(1) Subject to this rule, a person who commences a proceeding shall\nbe called a plaintiff and a person against whom a proceeding is\ncommenced shall be called a defendant.\n(2) A person who commences a proceeding under rule 32.03, 32.05,\n37.02 or 75.06(3) shall be called an applicant and the person\nagainst whom the proceeding is commenced shall be called a\nrespondent.\n4.04 When writ required\nExcept as provided by rules 4.05 and 4.06, a proceeding shall be\n\nSupreme Court Rules 1987 18\n4.05 When originating motion required\nA proceeding shall be commenced by originating motion:\n(a) where there is no defendant to the proceeding;\n(b) where by or under an Act an application is authorized to be\nmade to the Court; or\n(c) where required by this Chapter.\n4.06 Optional commencement by originating motion\nA proceeding may be commenced by originating motion where:\n(a) it is unlikely that there will be a substantial dispute of fact; and\n(b) for that reason it is appropriate that there be no pleadings or\ndiscovery.\n4.07 Continuance as writ of proceeding by originating motion\nWhere a proceeding in which there is a defendant is commenced\nby originating motion but ought by or under an Act or this Chapter\nto have been commenced by writ, or might in the opinion of the\nCourt more conveniently continue as if commenced by writ:\n(a) the Court may order that the proceeding continue as if it had\nbeen commenced by writ and may, in particular, order that any\naffidavit already filed in the proceeding shall stand as\npleadings, with or without liberty to a party to add to those\npleadings or to apply for particulars of the pleadings or that\npleadings be served between the parties, and that the parties\nhave discovery of each other; and\n(b) by virtue of that order, the proceeding shall be taken to have\nbeen duly commenced for all purposes on the day the\noriginating motion was filed.\n4.08 Urgent case\nIn an urgent case the Court may, on the application of a person\nwho intends to commence a proceeding and on his undertaking to\ncommence the proceeding within such time as the Court directs,\nmake an order which it might make if the applicant had commenced\nthe proceeding and the application were made in the proceeding.\n\nSupreme Court Rules 1987 19\nOrder 5 Content, filing and duration of originating\nprocess\n5.01 Definitions\noriginating process means a writ, originating motion or other\nprocess by which a proceeding is commenced.\nwrit does not include a writ of habeas corpus.\n5.02 Form of originating process\n(1) A writ shall be in Form 5A.\n(2) An originating motion shall be in Form 5B, 5C, 5D, or 5E, whichever\nis appropriate.\n5.03 Appearance\n(1) A writ and, unless there is no defendant, an originating motion shall\nbe endorsed with a statement to the effect that, if the defendant\ndoes not file an appearance within the time stated in the originating\nprocess, the plaintiff may obtain judgment against the defendant\nwithout further notice.\n(2) Except as provided in subrule (3), the time for appearance to be\nstated in the originating process shall be as provided by rule 8.04.\n(3) An originating motion under Order 53 which names a defendant\nshall state that the defendant may file an appearance on or before\nthe day specified in the originating motion for application to an\n5.04 Endorsement of claim on writ\n(1) A writ shall contain an endorsement of claim.\n(2) The endorsement of claim shall be:\n(a) a statement of claim; or\n(b) a statement sufficient to give, with reasonable particularity,\nnotice of the nature of the claim and the cause of the claim\nand of the relief or remedy sought in the proceeding.\n(3) An endorsement of claim on a writ shall constitute a statement of\nclaim if, but only if, it is headed \"Statement of Claim\".\n\nSupreme Court Rules 1987 20\n5.05 Endorsement of claim on motion\nAn originating motion shall specify the relief or remedy sought and\nthe Act, if any, under which the claim is made and, where it includes\na question to be answered, the question shall be stated.\n5.06 Endorsement as to capacity\nWhere a party sues or is sued in a representative capacity, the\noriginating process shall be endorsed with a statement showing that\ncapacity.\n5.07 Address of parties\n(1) An originating process shall be endorsed with:\n(a) the address of the plaintiff and, where the plaintiff sues in\nperson and that address is outside the Territory, also an\naddress within the Territory, or an email address, for service in\naccordance with rule 6.05;\n(b) the address of all defendants; and\n(c) where the plaintiff sues by a solicitor, the name or firm and the\nbusiness address within the Territory of the solicitor and also,\nif the solicitor is the agent of another, the name or firm and the\nbusiness address of the principal.\n(2) Where a solicitor shown in an endorsement under subrule (1) is a\nfirm or body corporate, the endorsement shall also show the\nmember of the firm or body corporate having responsibility for the\nconduct of the matter.\n(3) Where an originating process is endorsed with the name of a\nsolicitor:\n(a) the solicitor shall, on request in writing by a defendant, declare\nin writing whether the originating process was filed by the\nsolicitor; and\n(b) if the solicitor declares in writing that the originating process\nwas not filed by him, the Court may stay the proceeding.\n5.08 Place of trial\n(1) A writ shall be endorsed with a statement of the place of trial\ndesired.\n(2) If the writ is not endorsed with a statement as to the place or trial,\nthe plaintiff shall be taken to desire trial in Darwin.\n\nSupreme Court Rules 1987 21\n(3) The plaintiff may endorse an originating motion with a statement of\nthe place of trial desired and, if the originating motion is not so\nendorsed, the plaintiff shall be taken to desire trial in Darwin.\n5.09 Stay on payment of costs\n(1) Where in a proceeding commenced by writ the plaintiff claims a\ndebt only, the writ shall be endorsed with a statement of the amount\nof the debt and the amount claimed for costs and a statement that\nthe proceeding will come to an end if, within the time limited for\nfiling an appearance, the defendant pays the amounts so claimed to\nthe plaintiff, if the plaintiff sues in person, or his solicitor if the\nplaintiff sues by a solicitor.\n(2) Where a writ is endorsed in accordance with subrule (1) and the\ndefendant pays the amounts claimed within the time limited for filing\nan appearance, then, except as provided by subrule (3), the\nproceeding shall come to an end.\n(3) The defendant may, notwithstanding the payment, have the costs\ntaxed and, if more than 20% is disallowed, the plaintiff's solicitor\nshall pay the costs of taxation.\n5.10 Petition\nA petition shall include at the end the name of the person intended\nto be served, if any, or, if no person is intended to be served, a\nstatement to that effect.\n5.11 Filing of originating process\n(1) A proceeding shall be commenced by filing the originating process\nin the Registry.\n(2) The originating process filed shall be signed by the solicitor for the\nplaintiff or by the plaintiff where the plaintiff sues in person.\n(3) On an originating process being filed or at a later time, the Proper\nOfficer, on the request of the plaintiff, shall seal a sufficient number\nof copies of the originating process for service and proof of service.\n(4) In a proceeding commenced by originating motion, where the relief\nor remedy sought includes the construction of an instrument other\nthan an Act, a copy of the instrument or, where it exceeds\n25 pages, of the relevant parts, shall be lodged with the Proper\nOfficer at the time the originating motion is filed.\n(5) If the Registry is closed and the plaintiff produces an originating\nprocess to the Court and undertakes that the originating process\nwill be lodged in the Registry on the day it is next open, the Court\n\nSupreme Court Rules 1987 22\nmay initial the originating process and such number of copies as\nare required for services or proof of service and, on being so\ninitialled, the originating process shall be taken to have been filed.\n5.12 Duration and renewal of originating process\n(1) A writ or an originating motion shall be valid for service for one year\nafter the day it is filed.\n(2) Where a writ or originating motion has not been served on a\ndefendant, the Court may from time to time, by order, extend the\nperiod of validity for such period, being not more than 12 months\nfrom the date of the order, as it thinks fit.\n(3) An order may be made under subrule (2) before or after expiry of\nthe writ or originating motion.\n(4) The plaintiff may apply under subrule (2) without notice to the\ndefendant but, if the Court considers that the defendant ought to be\nheard, the Court shall adjourn the further hearing and direct the\nplaintiff to give notice to the defendant by summons or otherwise.\n(5) Where an order is made under subrule (2), the Proper Officer shall\nstamp any sealed copy of the originating process for service with\nthe date of the order and the extended date of validity.\n6.001 Application to companies\nNotwithstanding anything in this Order, a document served on a\ncompany within the meaning of the Corporations Act 2001 shall be\neffectively served for the purposes of these Rules if it is served as\nprovided by section 109X of the Corporations Act 2001.\n6.01 When personal service necessary\nA document required or permitted to be served in a proceeding may\nbe served personally but, unless personal service is required by this\nChapter or by order, need not be served personally.\n6.02 Personal service of originating process\n(1) Except where otherwise provided by or under an Act or this\nChapter, originating process shall be served personally on each\n(2) Where a defendant to an originating process files an unconditional\nappearance, the originating process shall be taken to have been\n\nSupreme Court Rules 1987 23\nserved on the defendant personally on the day on which the\nappearance is filed or on such earlier day as is proved.\n6.03 How personal service effected\n(1) Personal service of a document is effected by leaving a copy of the\ndocument with the person to be served or, if he does not accept the\ncopy, by putting the copy down in his presence and telling him the\nnature of the document.\n(2) In the case of originating process, the copy for service shall be\nsealed in accordance with rule 5.11(3).\n(3) To effect personal service it shall not be necessary to show the\noriginal document.\n6.04 Service on particular defendants\nPersonal service of a document may be effected by serving the\ndocument in accordance with rule 6.03:\n(a) in the case of a corporation – on the mayor, chairman,\npresident or other officer of the corporation, or on the town\nclerk, clerk, treasurer, manager, secretary or other similar\nofficer of the corporation;\n(b) in the case of an infant – on a parent or guardian of the infant,\nand, if there is none, on the person with whom the infant\nresides or in whose care he is;\n(c) in the case of a person under a disability as defined in\nrule 15.01:\n(i) on the person who, in accordance with rule 15.03(2),\nwould be entitled to be litigation guardian in a\nproceeding to which the person under a disability was\n(ii) if there is no such person – on the person with whom the\nperson under a disability resides or in whose care he is;\n(d) in the case of the Commonwealth of Australia or the Crown in\nright of the Commonwealth – on the Attorney-General for the\nCommonwealth; or\n(e) in the case of the Territory or the Crown in right of the\nTerritory – on the Attorney-General or on the Solicitor for the\nNorthern Territory.\n\nSupreme Court Rules 1987 24\n6.05 Address for service\n(1) The address for service of a plaintiff is:\n(a) where the plaintiff sues by a solicitor:\n(i) the business address of the solicitor endorsed on the\noriginating process, being an address in the\nNorthern Territory; or\n(ii) the email address of the solicitor endorsed on the\noriginating process; or\n(b) where the plaintiff sues in person:\n(i) an address within 30 km of the Registry in which the\noriginating process is issued endorsed on the originating\nprocess; or\n(ii) the email address of the plaintiff endorsed on the\noriginating process.\n(2) The address for service of a defendant is:\n(a) where the defendant appears by a solicitor:\n(i) the business address of the solicitor stated in the notice\nof appearance, being an address in the\nNorthern Territory; or\n(ii) the email address of the solicitor stated in the notice of\nappearance; or\n(b) where the defendant appears in person:\n(i) an address within 30 km of the Registry in which the\noriginating process is issued stated in the notice of\nappearance; or\n(ii) the email address of the defendant stated in the notice of\n6.06 How ordinary service effected\n(1) Where personal service of a document is not required, the\ndocument may be served:\n(a) by leaving it at the proper address of the person to be served;\nor\n\nSupreme Court Rules 1987 25\n(b) by sending it by prepaid post to the person to be served at his\nproper address; or\n(c) where provision is made by or under an Act for service of a\ndocument on a corporation (other than a company within the\nmeaning of the Corporations Act 2001), by serving it in\naccordance with that provision; or\n(ca) if the person to be served sues by a solicitor or appears by a\nsolicitor and the solicitor has endorsed or stated an email\naddress under rule 6.05 – by sending the document to the\nsolicitor's email address; or\n(cb) if the person to be served sues in person or appears in person\nand has endorsed or stated an email address under\nrule 6.05 – by sending the document to the email address; or\n(d) where the solicitor for a party has facilities for the reception of\ndocuments in a document exchange – by delivering it into\nthose facilities.\n(2) For the purpose of subrule (1), the proper address of a person is\nthe address for service of that person in the proceeding but if, at the\ntime service is to be effected, the person has no address for\nservice, the proper address is:\n(a) in the case of an individual – the person's usual or last known\nplace of residence or of business;\n(b) in the case of individuals suing or being sued in the name of a\nfirm – the principal or last known place of business of the firm;\nand\n(c) in the case of a corporation:\n(i) where the corporation is a company within the meaning\nof the Corporations Act 2001 – the registered office of\nthe company situated as indicated in section 109X of the\nCorporations Act 2001; and\n(ii) where the corporation is not a company – the registered\nor principal office of the corporation.\n(3) Where no person can be found at the address for service of a\nplaintiff who sues or a defendant who has appeared in person, a\ndocument in the proceeding may be served on that plaintiff or\ndefendant by filing it.\n\nSupreme Court Rules 1987 26\n(3.1) A party who serves a document by filing in accordance with\nsubrule (3) shall endorse on a backsheet or on the back of the last\n(4) The day of service of a document, where it is delivered into the\nfacilities of a document exchange in accordance with subrule (1)(d),\nshall be taken to be:\n(a) the day following the day on which it was so delivered; or\n(b) where it was delivered on a Friday, the following Monday.\n(5) In this rule document exchange means a document exchange for\nthe time being approved by the Chief Justice on the\nrecommendation of the Law Society Northern Territory.\n6.07 Identity of person served\nFor the purposes of proof of service, evidence of a statement by a\nperson of his identity or that he holds some office is evidence of his\nidentity or that he holds that office.\n6.08 Acceptance of service by solicitor\nWhere in a proceeding a document is required or permitted to be\nserved on a person and a solicitor makes on a copy of the\ndocument a note that the solicitor accepts service of the document\non behalf of the person to be served, the document shall, unless\nthe solicitor is shown not to have had authority to accept service, be\ntaken to have been duly served on that person on the day on which\nthe solicitor made the note or on such other day as is proved.\n6.09 Substituted service\n(1) Where for any reason it is impracticable to serve a document in the\nmanner required by this Chapter, the Court may order that, instead\nof service, such steps be taken as it specifies for the purpose of\nbringing the document to the notice of the person to be served.\nthat the document be taken to have been served on the happening\nof a specified event or on the expiry of a specified time.\n(3) The Court may make an order under subrule (1) notwithstanding\nthat the person to be served is out of the Territory or was out of the\nTerritory when the proceeding commenced.\n\nSupreme Court Rules 1987 27\n6.10 Confirmation of informal service\nWhere for any reason a document has not been served in the\nmanner required by or under a law in force in the Territory or by\nthese Rules but steps have been taken for the purpose of bringing,\nor which may have a tendency to bring, the document to the notice\nof the person to be served, the Court may, by order, direct that the\ndocument be taken to have been served on the person on a date\nspecified in the order.\n6.11 Service by filing\n(1) Where the service of a document on a party to a proceeding is\nrequired or permitted but personal service is not required, and that\nparty is in default of appearance or has no address for service in\nthe proceeding, the filing of the document shall, unless the Court\notherwise orders, have effect as service of the document on that\n(2) A party who serves a document by filing in accordance with\nsubrule (1) shall endorse on a backsheet or on the back of the last\n6.12 Service on agent\n(1) Where a contract has been entered into in the Territory by or\nthrough an agent residing or carrying on business in the Territory\non behalf of a principal residing or carrying on business out of the\nTerritory, originating process in a proceeding relating to or arising\nout of the contract may, by leave of the Court given before the\ndetermination of the agent's authority or of his business relations\nwith the principal, be served on the agent.\n(2) Where an order giving leave is made under subrule (1):\n(a) the order shall limit a time within which the defendant shall file\nan appearance; and\n(b) a copy of the order and of the originating process shall without\ndelay be sent by pre-paid post to the defendant at his proper\naddress out of the Territory.\n6.13 Service under agreement\nWhere the parties to a proceeding have, before or after the\ncommencement of the proceeding, agreed that originating process\nor any other document in the proceeding may be served on a party\nor on a person on behalf of a party in a manner or at a place\n(whether in or out of the Territory) specified in the agreement,\nservice in accordance with the agreement is sufficient service.\n\nSupreme Court Rules 1987 28\n6.14 Recovery of vacant land\n(1) In a proceeding for the recovery of land, the Court may:\n(a) if it is satisfied that no person appears to be in possession of\nthe land and that service of originating process cannot be\notherwise effected on a defendant without undue delay or\nexpense, authorize service on the defendant to be effected by\naffixing a copy of the originating process to a conspicuous part\nof the land; or\n(b) if it is satisfied that no person appears to be in possession of\nthe land and that service could not otherwise have been\neffected on a defendant without undue delay or expense,\norder that service already effected by affixing a copy of the\noriginating process to a conspicuous part of the land shall be\ntaken to be good service on the defendant.\n(2) This rule has effect notwithstanding that the defendant is out of the\nTerritory at the time of affixing the copy of the originating process.\n6.15 Service of notice by the Court\nWhere under this Chapter or under an order of the Court a notice or\nother document is to be given to or served on a person by the\nCourt, the notice or document shall, unless this Chapter otherwise\nprovides or the Court otherwise orders, be sufficiently given or\nserved in a manner in which a document not requiring to be served\npersonally may be served under this Order.\n6.16 Affidavit of service\n(1) In the case of personal service of a document, an affidavit of its\nservice shall state by whom it was served, the hour of the day, day\nof the week and date on which it was served, the place of service\nand the manner of identification of the person served.\n(2) In any other case of service of a document, an affidavit of its\nservice shall state, with relevant dates, the facts constituting\n\nSupreme Court Rules 1987 29\nOrder 7 Service outside Australia\n7.01 Originating process that may be served outside Australia\n(1) Subject to rule 7.02, an originating process may be served on a\nperson in a foreign country in a proceeding if:\n(a) the whole subject matter of the proceeding is land (with or\nwithout rents or profits) situated in the Territory or the\nperpetuation of testimony relating to land situated in the\nTerritory; or\n(b) an act, deed, will, contract, obligation or liability affecting land\nsituated in the Territory is sought to be construed, rectified, set\naside or enforced in the proceeding; or\n(c) relief is sought against a person domiciled or ordinarily\nresident in the Territory; or\n(d) the proceeding is for the administration of the estate of a\nperson who died domiciled in the Territory or a relief or\nremedy which might be obtained in such a proceeding; or\n(e) the proceeding is for the execution, as to property situated in\nthe Territory, of the trusts of a written instrument of which the\nperson to be served is a trustee and which ought to be\nexecuted according to the law of the Territory; or\n(f) the proceeding is brought to enforce, rescind, dissolve, rectify,\nannul or otherwise affect a contract, or to recover damages or\nother relief in respect of the breach of a contract, and the\ncontract:\n(i) was made in the Territory; or\n(ii) was made by or through an agent carrying on business\nor residing in the Territory on behalf of a principal\ncarrying on business or residing out of the Territory; or\n(iii) is governed by the law of the Territory; or\n(g) the proceeding is brought in respect of a breach committed in\nthe Territory of a contract, wherever made, even though the\nbreach was preceded or accompanied by a breach out of the\nTerritory that rendered impossible the performance of that part\nof the contract which ought to have been performed in the\nTerritory; or\n\nSupreme Court Rules 1987 30\n(h) the proceeding is founded on a contract the parties to which\nhave agreed that the Court will have jurisdiction to entertain a\nproceeding in respect of the contract; or\n(i) the proceeding is founded on a tort committed in the Territory;\nor\n(j) the proceeding is brought in respect of damage suffered\nwholly or partly in the Territory and caused by a tortious act or\nomission, wherever occurring; or\n(k) an injunction is sought ordering the defendant to do or refrain\nfrom doing anything in the Territory, whether or not damages\nare also claimed in respect of a failure to do, or the doing of,\nthe thing; or\n(l) the proceeding is properly brought against a person duly\nserved in or out of the Territory and another person in a\nforeign country is a necessary or proper party to the\n(m) the proceeding:\n(i) is brought by a mortgagee of property (other than land)\nsituated in the Territory; and\n(ii) seeks the sale of the property, foreclosure of the\nmortgage or delivery by the mortgagor of possession of\nthe property; and\n(iii) unless permitted by another paragraph of this subrule,\ndoes not seek a personal judgment or order for the\npayment of moneys due under the mortgage; or\n(n) the proceeding:\n(i) is brought by a mortgagor of property (other than land)\nsituated in the Territory; and\n(ii) seeks redemption of the mortgage, reconveyance of the\nproperty or delivery by the mortgagee of possession of\nthe property; and\n(iii) unless permitted by another paragraph of this subrule,\ndoes not seek a personal judgment or order for the\npayment of moneys due under the mortgage; or\n(o) the proceeding is brought under the Civil Aviation (Carriers'\nLiability) Act 1959 (Cth).\n\nSupreme Court Rules 1987 31\n(2) In this rule:\nmortgage includes a charge or lien.\nmortgagee means a person entitled to, or with an interest in, a\nmortgage.\nmortgagor means a person entitled to, or with an interest in,\nproperty subject to a mortgage.\n7.02 Application for leave to serve originating process outside\nAustralia\n(1) Service of an originating process on a person in a foreign country is\neffective for the purpose of a proceeding only if:\n(a) the Court has given leave under subrule (2) before the\noriginating process is served; or\n(b) the Court confirms the service under subrule (5); or\n(c) the person served waives any objection to the service by filing\nan appearance in the proceeding.\n(2) The Court may give leave to a person to serve an originating\nprocess on a person in a foreign country under a Convention, the\nHague Convention, or the law of the foreign country, on the terms\nand conditions it considers appropriate, if the Court is satisfied:\n(a) the Court has jurisdiction in the proceeding; and\n(b) the proceeding is of a kind mentioned in rule 7.01; and\n(c) the person seeking leave has a prima facie case for the relief\nclaimed by the person in the proceeding.\nNotes for subrule (2)\n","sortOrder":9},{"sectionNumber":"1","sectionType":"section","heading":"The law of a foreign country may permit service through the diplomatic","content":"1 The law of a foreign country may permit service through the diplomatic\nchannel or service by a private agent.\n","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"Order 7A, Part 2, deals with service of local judicial documents in a Hague","content":"2 Order 7A, Part 2, deals with service of local judicial documents in a Hague\n(3) The evidence on an application for leave under subrule (2) must\ninclude the following:\n(a) the name of the foreign country where the person to be served\nis or is likely to be;\n(b) the proposed method of service;\n\nSupreme Court Rules 1987 32\n(c) a statement that the proposed method of service is permitted\nby:\n(iii) in any other case – the law of the foreign country.\n(4) Nothing in this rule prevents the Court from giving leave to a person\nto give notice, in a foreign country, of a proceeding in the Court on\nthe basis that giving the notice takes the place of serving the\noriginating process in the proceeding.\n(5) If an originating process was served on a person in a foreign\ncountry without the leave of the Court, the Court may, by order,\nconfirm the service if satisfied:\n(a) subrule (2)(a), (b) and (c) apply in relation to the proceeding;\nand\n(b) the service was permitted by:\n(iii) in any other case – the law of the foreign country; and\n(c) the failure to apply for leave is sufficiently explained.\n7.03 Service of other documents\n(1) The Court may give leave to a person to serve a document (other\nthan an originating process) issued by the Court on a person in a\nforeign country under a Convention, the Hague Convention, or the\nlaw of the foreign country, on the terms and conditions it considers\nNotes for subrule (1)\n1 The law of a foreign country may permit service through the diplomatic\nchannel or service by a private agent.\n2 Order 7A, Part 2, deals with service of local judicial documents in a Hague\n(2) The evidence on an application for leave under subrule (1) must\ninclude the information mentioned in rule 7.02(3)(a) to (c).\n\nSupreme Court Rules 1987 33\n(3) If a document (other than an originating process) was served on a\nperson in a foreign country without the leave of the Court, the Court\nmay, by order, confirm the service if satisfied:\n(a) the service was permitted by:\n(iii) in any other case – the law of the foreign country; and\n(b) the failure to apply for leave is sufficiently explained.\n7.04 Application of other Orders\nThe other Orders of these Rules apply to service of a document on\na person in a foreign country in the same way as they apply to\nservice on a person in Australia, so far as they are:\n(a) relevant and not inconsistent with this Order; and\n(b) not inconsistent with:\n(iii) in any other case – the law of the foreign country.\n7.05 Method of service\nA document that is to be served on a person in a foreign country\nneed not be served personally if it is served on the person under\nthe law of the foreign country.\n7.06 Substituted service\n(1) This rule applies if an official certificate or declaration (whether\nmade on oath or otherwise) is sent to the Court by the government\nor a court of a foreign country stating that attempts to serve a\ndocument on a person in the foreign country, under a Convention or\nthe Hague Convention, or through the diplomatic channel, have not\nbeen successful.\n(2) On application by the person seeking service, the Court may order\nthat specified steps be taken to bring the document to the notice of\nthe person to be served.\n\nPart 2 Service through the diplomatic channel or under Convention\nSupreme Court Rules 1987 34\n(3) If the Court makes an order under subrule (2), the Court may order\nthat a document is taken to have been served when a specified\nevent happens or on the expiry of a specified time.\n7.07 Proof of service\n(1) This rule does not apply in relation to a document served under the\nHague Convention.\nOrder 7A, Part 2, deals with service of local judicial documents in a Hague\n(2) An official certificate or declaration (whether made on oath or\notherwise) stating that a document has been personally served on a\nperson in a foreign country, or served on the person in another way\nunder the law of the foreign country, is sufficient proof of the service\nof the document.\n(3) If filed, the certificate or declaration:\n(a) is taken to be a record of the service of the document; and\n(b) has effect as if it were an affidavit of service.\nPart 2 Service through the diplomatic channel or\nunder Convention\n7.08 Documents to be filed with Court\n(1) This rule applies if a person has been given leave to serve a\ndocument on a person in a foreign country:\n(a) through the diplomatic channel; or\n(b) by transmission to a foreign government under a Convention\n(the relevant convention).\nThis rule does not apply if a person has been given leave to serve a document on\na person in a Hague Convention country. Service in a Hague Convention\ncountry is dealt with in Order 7A, Part 2.\n(2) The person given leave must file in the Registry:\n(a) a request for service in Form 7A; and\n(b) a request for transmission in Form 7B; and\n\nSupreme Court Rules 1987 35\n(c) a written undertaking by the person, or the person’s legal\npractitioner, to pay to a Registrar the amount of the expenses\nincurred by the Court in giving effect to the person’s request;\nand\n(d) 2 copies (or such other number of copies required by the\nrelevant convention) of each document to be served; and\n(e) if necessary, a translation into an official language of the\nforeign country (including a statement by the translator\nattesting to the accuracy of the translation) of the following:\n(i) the request for transmission mentioned in paragraph (b);\n(ii) each document to be served.\n7.09 Order for payment of expenses\n(a) a person files an undertaking under rule 7.08(2)(c) in relation\nto a request for service on a person in a foreign country\nthrough the diplomatic channel or under a Convention; and\n(b) the person does not, within 14 days after being sent an\naccount for expenses incurred in relation to the request, pay to\na Registrar the amount of the expenses.\n(2) On application by a Registrar, the Court may:\n(a) order the person to pay the amount of the expenses to a\n(b) stay the proceeding, so far as it concerns the whole or any\npart of a claim for relief by the person, until the amount of the\nexpenses is paid.\nOrder 7A Service under Hague Convention\nNotes for Part 1\n1 This Order forms part of a scheme to implement Australia's obligations under\nthe Hague Convention on the Service Abroad of Judicial and Extrajudicial\nDocuments in Civil or Commercial Matters. Under the Hague Convention,\nthe Attorney-General’s Department of the Commonwealth is designated as\nthe Central Authority (under Article 2 of the Convention) and certain courts\nand government departments are, for certain purposes, designated as\n\"other\" or \"additional\" authorities (under Article 18 of the Convention).\n\nSupreme Court Rules 1987 36\n2 This Order provides, in Part 2, for service in overseas Hague Convention\ncountries of local judicial documents (documents that relate to proceedings\nin the Court) and, in Part 3, for default judgment in proceedings in the Court\nafter service overseas of such a document. Part 4 deals with service by the\nCourt or arranged by the Court in its role as an other or additional authority,\nof judicial documents emanating from overseas Hague Convention countries.\n","sortOrder":11},{"sectionNumber":"3","sectionType":"section","heading":"The Attorney-General’s Department of the Commonwealth maintains a copy","content":"3 The Attorney-General’s Department of the Commonwealth maintains a copy\nof the Hague Convention, a list of all Hague Convention countries, details of\ndeclarations and objections made under the Hague Convention by each of\nthose countries and the names and addresses of the Central and other\nauthorities of each of those countries. A copy of the Hague Convention can\nbe found at http://www.hcch.net.\n7A.01 Definitions\nadditional authority, for a Hague Convention country, means an\nauthority that is:\n(a) for the time being designated by the country, under Article 18\nof the Hague Convention, to be an authority (other than the\nCentral Authority) for the country; and\n(b) competent to receive requests for service abroad emanating\nfrom Australia.\napplicant, for a request for service abroad or a request for service\nin this jurisdiction, means the person on whose behalf service is\nrequested.\nNote\nThe term applicant may have a different meaning in other provisions of these\nCentral Authority, for a Hague Convention country, means an\nauthority that is for the time being designated by that country, under\nArticle 2 of the Hague Convention, to be the Central Authority for\nthat country.\ncertificate of service means a certificate of service that has been\ncompleted for the purposes of Article 6 of the Hague Convention.\ncertifying authority, for a Hague Convention country, means the\nCentral Authority for the country or some other authority that is for\nthe time being designated by the country, under Article 6 of the\nHague Convention, to complete certificates of service in the form\nannexed to the Hague Convention.\ncivil proceedings means any judicial proceedings in relation to\ncivil or commercial matters.\n\nSupreme Court Rules 1987 37\ndefendant, for a request for service abroad of an initiating process,\nmeans the person on whom the initiating process is requested to be\nNote\nThe term defendant may have a different meaning in other provisions of these\nforeign judicial document means a judicial document that\noriginates in a Hague Convention country and relates to civil\nproceedings in a court of that country.\nforwarding authority means:\n(a) for a request for service of a foreign judicial document in this\njurisdiction – the authority or judicial officer of the Hague\nConvention country in which the document originates that\nforwards the request (being an authority or judicial officer that\nis competent under the law of that country to forward a\nrequest for service under Article 3 of the Hague Convention);\nor\n(b) for a request for service of a local judicial document in a\nHague Convention country – a Registrar.\ninitiating process means originating process.\nlocal judicial document means a judicial document that relates to\ncivil proceedings in the Court.\nrequest for service abroad means a request for service in a\nHague Convention country of a local judicial document mentioned\nin rule 7A.04(1).\nrequest for service in this jurisdiction means a request for\nservice in this jurisdiction of a foreign judicial document mentioned\nin rule 7A.13(1).\nthis jurisdiction means the Territory.\n7A.02 Provisions of this Order to prevail\nThe provisions of this Order prevail to the extent of any\ninconsistency between those provisions and any other provisions of\nthese Rules.\n\nSupreme Court Rules 1987 38\n7A.03 Application of Part\n(1) Subject to subrule (2), this Part applies to service in a Hague\nConvention country of a local judicial document.\n(2) This Part does not apply if service of the document is effected,\nwithout application of any compulsion, by an Australian diplomatic\nor consular agent mentioned in Article 8 of the Hague Convention.\n7A.04 Application for request for service abroad\n(1) A person may apply to a Registrar, in the Registrar's capacity as a\nforwarding authority, for a request for service in a Hague\nConvention country of a local judicial document.\n(2) The application must be accompanied by 3 copies of each of the\nfollowing documents:\n(a) a draft request for service abroad, which must be in\naccordance with Part 1 of Form 7A-A;\n(b) the document to be served;\n(c) a summary of the document to be served, which must be in\naccordance with Form 7A-B;\n(d) if, under Article 5 of the Hague Convention, the Central\nAuthority or any additional authority of the country to which the\nrequest is addressed requires the document to be served to\nbe written in, or translated into, the official language or one of\nthe official languages of that country, a translation into that\nlanguage of both the document to be served and the summary\nof the document to be served.\n(3) The application must contain a written undertaking to the Court,\nsigned by the legal practitioner on the record for the applicant in the\nproceedings to which the local judicial document relates or, if there\nis no legal practitioner on the record for the applicant in the\nproceedings, by the applicant:\n(a) to be personally liable for all costs that are incurred:\n(i) by the employment of a person to serve the documents\nto be served, being a person who is qualified to do so\nunder the law of the Hague Convention country in which\nthe documents are to be served; or\n\nSupreme Court Rules 1987 39\n(ii) by the use of any particular method of service that has\nbeen requested by the applicant for the service of the\ndocuments to be served; and\n(b) to pay the amount of those costs to a Registrar within 28 days\nafter receipt from a Registrar of a notice specifying the amount\nof those costs under rule 7A.06(3); and\n(c) to give such security for those costs as a Registrar may\nrequire.\n(4) The draft request for service abroad:\n(a) must be completed (except for signature) by the applicant; and\n(b) must state whether, if the time fixed for filing an appearance in\nthe proceedings to which the local judicial document relates\nexpires before service is effected, the applicant wants service\nto be attempted after the expiry of that time; and\n(c) must be addressed to the Central Authority, or to an additional\nauthority, for the Hague Convention country in which the\nperson is to be served; and\n(d) may state that the applicant requires a certificate of service\nthat is completed by an additional authority to be\ncountersigned by the Central Authority.\n(5) Any translation required under subrule (2)(d) must bear a certificate\n(in both English and the language used in the translation), signed\nby the translator, stating:\n(a) that the translation is an accurate translation of the documents\nto be served; and\n(b) the translator’s full name and address and his or her\nqualifications for making the translation.\n7A.05 How application to be dealt with\n(1) If satisfied that the application and its accompanying documents\ncomply with rule 7A.04, the Registrar:\n(a) must sign the request for service abroad; and\n(b) must forward 2 copies of the relevant documents:\n(i) if the applicant has asked for the request to be\nforwarded to a nominated additional authority for the\nHague Convention country in which service of the\n\nSupreme Court Rules 1987 40\ndocument is to be effected – to the nominated additional\nauthority; or\n(ii) in any other case – to the Central Authority for the\nHague Convention country in which service of the\ndocument is to be effected.\n(2) The relevant documents mentioned in subrule (1)(b) are the\n(a) the request for service abroad (duly signed);\n(b) the document to be served;\n(c) the summary of the document to be served;\n(d) if required under rule 7A.04(2)(d) – a translation into the\nrelevant language of each of the documents mentioned in\nparagraphs (b) and (c).\n(3) If not satisfied that the application or any of its accompanying\ndocuments complies with rule 7A.04, the Registrar must inform the\napplicant of the respects in which the application or document fails\nto comply.\n7A.06 Procedure on receipt of certificate of service\n(1) Subject to subrule (5), on receipt of a certificate of service in due\nform in relation to a local judicial document to which a request for\nservice abroad relates, a Registrar:\n(a) must arrange for the original certificate to be filed in the\nproceedings to which the document relates; and\n(b) must send a copy of the certificate to:\n(i) the legal practitioner on the record for the applicant in\nthe proceedings; or\n(ii) if there is no legal practitioner on the record for the\napplicant in the proceedings – the applicant.\n(2) For the purposes of subrule (1), a certificate of service is in due\nform if:\n(a) it is in accordance with Part 2 of Form 7A-A; and\n(b) it has been completed by a certifying authority for the Hague\nConvention country in which service was requested; and\n\nSupreme Court Rules 1987 41\n(c) if the applicant requires a certificate of service that is\ncompleted by an additional authority to be countersigned by\nthe Central Authority, it has been so countersigned.\n(3) On receipt of a statement of costs in due form in relation to the\nservice of a local judicial document mentioned in subrule (1), a\nRegistrar must send to the legal practitioner or applicant who gave\nthe undertaking mentioned in rule 7A.04(3) a notice specifying the\namount of those costs.\n(4) For the purposes of subrule (3), a statement of costs is in due form\nif:\n(a) it relates only to costs of a kind mentioned in rule 7A.04(3)(a);\nand\n(b) it has been completed by a certifying authority for the Hague\nConvention country in which service was requested.\n(5) Subrule (1) does not apply unless:\n(a) adequate security to cover the costs mentioned in subrule (3)\nhas been given under rule 7A.04(3)(c); or\n(b) to the extent to which the security so given is inadequate to\ncover those costs, an amount equal to the amount by which\nthose costs exceed the security so given has been paid to a\n7A.07 Payment of costs\n(1) On receipt of a notice under rule 7A.06(3) in relation to the costs of\nservice, the legal practitioner or applicant, as the case may be,\nmust pay to a Registrar the amount specified in the notice as the\namount of the costs.\n(2) If the legal practitioner or applicant fails to pay that amount within\n28 days after receiving the notice:\n(a) except by leave of the Court, the applicant may not take any\nfurther step in the proceedings to which the local judicial\ndocument relates until the costs are paid to a Registrar; and\n(b) a Registrar may take such steps as are appropriate to enforce\nthe undertaking for payment of the costs.\n7A.08 Evidence of service\nA certificate of service in relation to a local judicial document (being\na certificate in due form within the meaning of rule 7A.06(2)) that\n\nPart 3 Default judgment following service abroad of initiating process\nSupreme Court Rules 1987 42\ncertifies that service of the document was effected on a specified\ndate is, in the absence of any evidence to the contrary, sufficient\nproof that:\n(a) service of the document was effected by the method specified\nin the certificate on that date; and\n(b) if that method of service was requested by the applicant, that\nmethod is compatible with the law in force in the Hague\nConvention country in which service was effected.\nPart 3 Default judgment following service abroad of\ninitiating process\n7A.09 Application of Part\nThis Part applies to civil proceedings for which an initiating process\nhas been forwarded, following a request for service abroad, to the\nCentral Authority (or to an additional authority) for a Hague\n7A.10 Restriction on power to enter default judgment if certificate of\nservice filed\n(a) a certificate of service of initiating process has been filed in\nthe proceedings, being a certificate in due form (within the\nmeaning of rule 7A.06(2)) that states that service has been\nduly effected; and\n(b) the defendant has not appeared or filed a notice of address for\n(2) In circumstances to which this rule applies, default judgment may\nnot be given against the defendant unless the Court is satisfied\n(a) the initiating process was served on the defendant:\n(i) by a method of service prescribed by the internal law of\nthe Hague Convention country for the service of\ndocuments in domestic proceedings on persons who are\nwithin its territory; or\n(ii) if the applicant requested a particular method of service\n(being a method under which the document was actually\ndelivered to the defendant or to his or her residence) and\nthat method is compatible with the law in force in the\n\nPart 3 Default judgment following service abroad of initiating process\nSupreme Court Rules 1987 43\ncountry – by that method; or\n(iii) if the applicant did not request a particular method of\nservice – in circumstances where the defendant\naccepted the document voluntarily; and\n(b) the initiating process was served in sufficient time to enable\nthe defendant to file an appearance in the proceedings.\n(3) In subrule (2)(b):\nsufficient time means:\n(a) 42 days from the date specified in the certificate of service in\nrelation to the initiating process as the date on which service\nof the process was effected; or\n(b) such lesser time as the Court considers, in the circumstances,\nto be a sufficient time to enable the defendant to file an\nappearance in the proceedings.\n7A.11 Restriction on power to enter default judgment if certificate of\nservice not filed\n(a) a certificate of service of initiating process has not been filed\nin the proceedings; or\n(b) a certificate of service of initiating process has been filed in\nthe proceedings (being a certificate in due form within the\nmeaning of rule 7A.06(2)) that states that service has not been\neffected;\nand the defendant has not appeared or filed a notice of address for\n(2) If this rule applies, default judgment may not be given against the\ndefendant unless the Court is satisfied that:\n(a) the initiating process was forwarded to the Central Authority,\nor to an additional authority, for the Hague Convention country\nin which service of the initiating process was requested; and\n(b) a period that is adequate in the circumstances (being a period\nof not less than 6 months) has elapsed since the date on\nwhich the initiating process was so forwarded; and\n\nSupreme Court Rules 1987 44\n(c) every reasonable effort has been made:\n(i) to obtain a certificate of service from the relevant\ncertifying authority; or\n(ii) to effect service of the initiating process;\n7A.12 Setting aside judgment in default of appearance\n(1) This rule applies if default judgment has been entered against the\ndefendant in proceedings to which this Part applies.\n(2) If this rule applies, the Court may set aside the judgment on the\napplication of the defendant if it is satisfied that the defendant:\n(a) without any fault on the defendant’s part, did not have\nknowledge of the initiating process in sufficient time to defend\nthe proceedings; and\n(b) has a prima facie defence to the proceedings on the merits.\n(3) An application to have a judgment set aside under this rule may be\nfiled:\n(a) at any time within 12 months after the date on which the\njudgment was given; or\n(b) after the expiry of that 12 month period, within such time after\nthe defendant acquires knowledge of the judgment as the\nCourt considers reasonable in the circumstances.\n(4) Nothing in this rule affects any other power of the Court to set aside\nor vary a judgment.\n7A.13 Application of Part\n(1) This Part applies to service in this jurisdiction of a foreign judicial\ndocument in relation to which a due form of request for service has\nbeen forwarded to the Court:\n(a) by the Attorney-General’s Department of the Commonwealth,\nwhether in the first instance or following a referral under\nrule 7A.14; or\n(b) by a forwarding authority.\n\nSupreme Court Rules 1987 45\n(2) Subject to subrule (3), a request for service in this jurisdiction is in\ndue form if it is in accordance with Part 1 of Form 7A-A and is\naccompanied by the following documents:\n(a) the document to be served;\n(b) a summary of the document to be served, which must be in\naccordance with Form 7A-B;\n(c) a copy of the request and of each of the documents\nmentioned in paragraphs (a) and (b);\n(d) if either of the documents mentioned in paragraphs (a) and (b)\nis not in the English language, an English translation of the\n(3) Any translation required under subrule (2)(d) must bear a certificate\n(in English) signed by the translator stating:\n(a) that the translation is an accurate translation of the document;\nand\n(b) the translator’s full name and address and his or her\nqualifications for making the translation.\n7A.14 Certain documents to be referred back to Attorney-General’s\nDepartment of Commonwealth\nIf, after receiving a request for service in this jurisdiction, a\nRegistrar is of the opinion:\n(a) that the request does not comply with rule 7A.13; or\n(b) that the document to which the request relates is not a foreign\njudicial document; or\n(c) that compliance with the request may infringe Australia’s\nsovereignty or security;\nthe Registrar must refer the request to the Attorney-General’s\nDepartment of the Commonwealth together with a statement of his\nor her opinion.\nNote for rule 7A.14\nThe Attorney-General’s Department of the Commonwealth will deal with\nmisdirected and non-compliant requests, make arrangements for the service of\nextrajudicial documents and assess and decide questions concerning Australia’s\nsovereignty and security.\n\nSupreme Court Rules 1987 46\n7A.15 Service\n(1) Subject to rule 7A.14, on receipt of a request for service in this\njurisdiction, the Court must arrange for the service of the relevant\ndocuments in accordance with the request.\n(2) The relevant documents mentioned in subrule (1) are the following:\n(a) the document to be served;\n(b) a summary of the document to be served;\n(c) a copy of the request for service in this jurisdiction;\n(d) if either of the documents mentioned in paragraphs (a) and (b)\nis not in the English language, an English translation of the\n(3) Service of the relevant documents may be effected by any of the\nfollowing methods of service:\n(a) by a method of service prescribed by the law in force in this\njurisdiction:\n(i) for the service of a document of a kind corresponding to\nthe document to be served; or\n(ii) if there is no such corresponding kind of document – for\nthe service of initiating process in proceedings in the\n(b) if the applicant has requested a particular method of service\nand that method is compatible with the law in force in this\njurisdiction – by that method;\n(c) if the applicant has not requested a particular method of\nservice and the person requested to be served accepts the\ndocument voluntarily – by delivery of the document to the\nperson requested to be served.\n7A.16 Affidavit as to service\n(1) If service of a document has been effected pursuant to a request for\nservice in this jurisdiction, the person by whom service has been\neffected must file with the Court an affidavit specifying:\n(a) the time, day of the week and date on which the document\nwas served; and\n(b) the place where the document was served; and\n\nSupreme Court Rules 1987 47\n(c) the method of service; and\n(d) the person on whom the document was served; and\n(e) the way in which that person was identified.\n(2) If attempts to serve a document pursuant to a request for service in\nthis jurisdiction have failed, the person by whom service has been\nattempted must file with the Court an affidavit specifying:\n(a) details of the attempts made to serve the document; and\n(b) the reasons that have prevented service.\n(3) When an affidavit as to service of a document has been filed in\naccordance with this rule, a Registrar:\n(a) must complete a certificate of service, sealed with the seal of\nthe Court, on the reverse side of, or attached to, the request\nfor service in this jurisdiction; and\n(b) must forward the certificate of service, together with a\nstatement as to the costs incurred in relation to the service or\nattempted service of the document, directly to the forwarding\nauthority from which the request was received.\n(4) A certificate of service must be:\n(a) in accordance with Part 2 of Form 7A-A; or\n(b) if a form or certificate that substantially corresponds to Part 2\nof Form 7A-A accompanies the request for service – in that\naccompanying form.\n8.01 Application\nThis Order applies to a proceeding commenced by writ or\n8.02 Appearance before taking step\nExcept as provided by rule 8.08 or 8.09 or by leave of the Court, a\ndefendant shall not take a step in a proceeding unless he has first\nfiled an appearance.\n\nSupreme Court Rules 1987 48\n8.03 Who to file appearance\n(1) Except as provided in rule 15.02, a defendant may file an\nappearance by a solicitor or in person.\n(2) A corporation may file an appearance by a person duly authorized\nby it to so act.\n8.04 Time for appearance\nUnless the Court otherwise orders, the time stated in the writ or\noriginating motion for the defendant to file an appearance shall be:\n(a) where the originating process to be served in the Territory:\n(i) is filed in the Darwin Registry and the place of service is\nwithin 200 Kilometres from Darwin – not less than 7 days\nafter service;\n(ii) is filed in the Alice Springs Registry and the place of\nservice is within 200 Kilometres from Alice Springs – not\nless than 7 days after service; or\n(iii) is filed in the Darwin or Alice Springs Registry and place\nof service is not within 200 Kilometres from the filing\nRegistry – not less than 14 days after service;\n(b) where the originating process is to be served elsewhere within\nthe Commonwealth – not less than 21 days after service;\n(c) where the originating process is to be served in New Zealand\nor in Papua New Guinea – not less than 28 days after service;\nand\n(d) in any other case – not less than 42 days after service.\n8.05 Mode of filing appearance\n(1) An appearance shall be filed by filing a notice of appearance in the\nRegistry in which the originating process is filed and, on the same\nor the next working day, serving on the plaintiff a copy of the notice\nsealed in accordance with subrule (3).\n(2) A notice of appearance shall be in Form 8A.\n(3) On the filing of a notice of appearance the Proper officer shall seal\nwith the seal of the Court a sufficient number of copies for service.\n(4) A sealed copy of the notice of appearance shall be taken to have\nbeen duly served on the plaintiff if on the day the notice is filed, or\n\nSupreme Court Rules 1987 49\non the next working day, the defendant takes an appropriate step in\naccordance with rule 6.06(1) to serve the copy on the plaintiff.\n8.06 Content of notice of appearance\n(1) A notice of appearance shall state:\n(a) where the defendant appears in person – the address of the\ndefendant and, if that address is out of the Territory, an\naddress of the defendant in the Territory for service; or\n(b) where the defendant appears by a solicitor – the address of\nthe defendant and the name or firm and the business address\nin the Territory of the solicitor and also, if the solicitor is an\nagent of another, the name or firm and the business address\nof the principal.\n(2) Where a solicitor shown in a notice of appearance is a firm or body\ncorporate, the notice shall also show the member of the firm or\nbody corporate having responsibility for the conduct of the matter.\n(3) Where the address of a defendant shown in a notice of appearance\nis not genuine, the Court may set aside the appearance and allow\nthe plaintiff to continue the proceeding as if the appearance had not\nbeen filed.\n8.07 Late appearance\n(1) A defendant may file an appearance at any time, but after judgment\nan appearance shall not be filed without the leave of the Court.\n(2) Where a defendant files an appearance after the time for\nappearance stated in the writ or originating motion, the time he has\nwithin which to serve a defence or for any other purpose, unless the\nCourt otherwise orders, shall be calculated from the last day for\nappearance according to the writ or originating motion.\n8.08 Conditional appearance\n(1) A defendant may file a conditional appearance.\n(2) A notice of conditional appearance shall be in Form 8B.\n(3) A conditional appearance shall have effect for all purposes as an\nunconditional appearance unless, on application by the defendant,\nthe Court otherwise orders.\n(4) An application under subrule (3) shall be made by summons within\n14 days after the day the conditional appearance is filed.\n\nSupreme Court Rules 1987 50\n8.09 Setting aside writ or originating motion\nNotwithstanding rule 8.08, the Court may exercise its jurisdiction to:\n(a) set aside a writ or originating motion or its service;\n(b) make an order under rule 46.08; or\n(c) stay a proceeding,\non application made by the defendant before filing an appearance,\nwhether conditional or not.\n9.01 Joinder of claims\nA plaintiff may join any number of claims against a defendant\nwhether the plaintiff makes the claims in the same or in different\ncapacities and whether the claims are made against the defendant\nin the same or in different capacities.\n9.02 Permissive joinder of parties\n(1) Two or more persons may be joined as plaintiffs or defendants in a\nproceeding:\n(a) where:\n(i) if separate proceedings were brought by or against each\nof them, a common question of law or fact would arise in\nall the proceedings; and\n(ii) all rights to relief claimed in the proceeding (whether\nthey are joint, several or alternative) are in respect of or\narise out of the same transaction or series of\ntransactions; or\n(b) subject to subrule (2), where the Court, before or after the\njoinder, gives leave to do so.\n(2) The Court shall not give leave under subrule (1)(b) unless it is\nsatisfied that the joinder:\n(a) will not embarrass or delay the trial of the proceeding;\n(b) will not prejudice a party; or\n(c) is not otherwise inconvenient.\n\nSupreme Court Rules 1987 51\n9.03 Joinder of necessary parties\n(1) Except by order of the Court or as provided by or under an Act,\nwhere the plaintiff claims relief to which any other person is entitled\njointly with him, all persons so entitled shall be parties to the\nproceeding, and a person who does not consent to being joined as\na plaintiff shall be made a defendant.\n(2) Where the plaintiff claims relief against a defendant who is liable\njointly with another person and also liable severally, that other\nperson need not be made a defendant to the proceeding.\n(3) Where persons are liable jointly, but not severally, under a contract\nand the plaintiff in respect of that contract claims against some but\nnot all of those persons, the Court may stay the proceeding until the\nother persons so liable are added as defendants.\n(4) The Court may make an order under subrule (1) before or after the\nnon-joinder.\n9.04 Joinder inconvenient\nNotwithstanding rules 9.01 and 9.02, where a joinder of claims or\nparties may embarrass or delay the trial of the proceeding or cause\nprejudice to a party or is otherwise inconvenient, the Court may\norder that:\n(a) there be separate trials;\n(b) a claim be excluded;\n(c) a party be compensated by an award of costs or otherwise for\nbeing required to attend, or be relieved from attending, any\npart of a trial in which he has no interest; or\n(d) a person made a party cease to be a party on condition that\nthe person be bound by the determination of the questions in\nthe proceeding or without any such condition.\n9.05 Effect of misjoinder or non-joinder of party\nA proceeding shall not be defeated by reason of the misjoinder or\nnon-joinder of a party or person and the Court may determine all\nquestions in the proceedings so far as they affect the rights and\ninterests of the parties.\n\nSupreme Court Rules 1987 52\n9.06 Additional, removal, substitution of party\nAt any stage of a proceeding the Court may order that:\n(a) a person who is not a proper or necessary party, whether or\nnot he was one originally, cease to be a party;\n(b) any of the following persons be added as a party:\n(i) a person who ought to have been joined as a party or\nwhose presence before the Court is necessary to ensure\nthat all questions in the proceeding are effectually and\ncompletely determined and adjudicated on; or\n(ii) a person between whom and a party to the proceeding\nthere may exist a question arising out of, or relating to or\nconnected with, a claim in the proceeding which it is just\nand convenient to determine as between that person\nand that party as well as between the parties to the\n(c) a person to whom paragraph (b) applies be substituted for one\nto whom paragraph (a) applies.\n9.07 Procedure for addition of party\n(1) A person shall not be added as a plaintiff without his consent\nsignified in writing or in such other manner as the Court orders.\n(2) An application by a person for an order adding him as a party shall,\nunless the Court otherwise orders, be supported by an affidavit\nshowing his interest in the questions in the proceeding or the\nquestion to be determined as between him and a party to the\n(3) Without limiting rule 9.06(b), where a person not a party to a\nproceeding for the recovery of land is in possession by himself or\nby a tenant of the whole or a part of the land, the Court may order\nthat he be added as a defendant.\n9.08 Defendant deceased at commencement of proceeding\n(1) Where a cause of action survives against the estate of a deceased\nperson, a person wishing to obtain a judgment in respect of that\ncause of action may, if no grant of representation has been made,\nbring a proceeding against the estate of the deceased.\n(2) Without limiting subrule (1), a proceeding brought against \"the\nestate of A.B. deceased\" shall be taken to have been brought\nagainst \"A.B's\" estate in accordance with that subrule.\n\nSupreme Court Rules 1987 53\n(3) A proceeding commenced naming as defendant a person who was\ndead when the proceeding commenced shall, if the cause of action\nsurvives and no grant of representation had been made at the time\nthe proceeding commenced, be taken to have been commenced\nagainst the estate of the deceased in accordance with subrule (1).\n(4) A proceeding naming as defendant a person who was dead when\nthe proceeding commenced shall, if the cause of action survives\nand a grant of representation had been made at the time the\nproceeding commenced, be taken to have been commenced\nagainst the personal representative of the deceased as\nrepresenting the estate of the deceased.\n(5) In a proceeding within subrule (1) or (3), the Court may appoint a\nperson to represent the estate of the deceased for the purpose of\nthe proceeding or, if a grant of representation has been made since\nthe commencement of the proceeding, order that the personal\nrepresentative of the deceased be made a party to the proceeding,\nand order that the proceeding be carried on against the person so\nappointed or against the personal representative, as if he had been\nsubstituted for the estate.\n(6) In a proceeding within subrule (4), the Court may order that the\npersonal representative of the deceased be made a party and that\nthe proceeding be carried on against the personal representative as\nrepresenting the estate of the deceased.\n(7) An application for an order under subrule (5) or (6) shall be made\nduring the period of validity for service of the writ or other\noriginating process, unless the Court otherwise orders.\n(8) Before making an order under subrule (5), the Court may require\nnotice to be given to an insurer of the deceased who has an interest\nin the proceeding and to a person having an interest in the estate.\n(9) Where no grant of representation has been made, a judgment or\norder given or made in the proceeding shall bind the estate of the\ndeceased to the same extent as it would have been bound if a grant\nhad been made and a personal representative of the deceased had\nbeen a party to the proceeding.\n(10) In this rule grant of representation means a grant of probate or\nadministration in the Territory or the resealing of a foreign grant in\nthe Territory.\n9.09 Change of party on death, bankruptcy\n(1) Where a party to a proceeding dies but the cause of action\nsurvives, or where a party becomes bankrupt, the proceeding shall\nnot abate by reason of the death or bankruptcy but may be carried\n\nSupreme Court Rules 1987 54\non in accordance with subrule (2).\n(2) Where at any stage of a proceeding the interest or liability of a party\nis assigned or transmitted to or devolves on another person, the\nCourt may order that the other person be added as a party to the\nproceeding or made a party in substitution for the original party and\nthat the proceeding be carried on as so constituted.\n(3) Unless the Court otherwise directs, the person on whose\napplication an order is made under subrule (2) shall serve the order\non every party to the proceeding and on every person who ceases\nto be a party or becomes a party as plaintiff by virtue of the order\nand, in the case of a person who becomes a defendant, shall serve\nthat person personally with the order and with the writ or other\noriginating process sealed in accordance with rule 5.11.\n(4) A person on whom originating process is served in accordance with\nsubrule (3) shall file an appearance in the proceeding within such\ntime as the Court directs.\n(5) Where an order is made without notice to a person on whom it is\nserved, an application by the person to set aside or vary the order\nshall be made within 14 days after service.\n9.10 Failure to proceed after death of party\n(1) Where a party dies and a cause of action in the proceeding\nsurvives but no order is made under rule 9.09(2) substituting a\npersonal representative of the deceased party as party, the Court\nmay, on application by a party or by a person to whom liability on\nthe cause of action survives on the death, order that, unless an\norder for substitution is made within a specified time, the\nproceeding be dismissed so far as concerns relief on the cause of\naction for or against the person to whom the cause of action or the\nliability or the cause of action survives on the death.\n(2) On making an order under subrule (1), the Court may, whether or\nnot a grant of representation within the meaning of rule 9.08(10)\nhas been made, direct that, if the proceeding is dismissed by virtue\nof the order, costs of the proceeding be awarded:\n(a) where the plaintiff dies – to the defendant against the personal\nrepresentative of the deceased out of the estate of the\n(b) where the defendant dies – to the personal representative of\nthe deceased against the plaintiff.\n(3) Where the plaintiff dies, the Court shall not make an order under\nsubrule (1) unless due notice of the application for it has been given\n\nSupreme Court Rules 1987 55\nto the personal representative, if any, of the deceased and to all\nother persons having an interest in the estate of the deceased who,\nin the opinion of the Court, should be notified.\n(4) Where a defendant serves a counterclaim, this rule, with the\nnecessary changes, applies as if the plaintiff were the defendant\nand the defendant were the plaintiff.\n9.11 Amendment of proceedings after change of party\n(1) Where an order is made under rule 9.06 or 9.08, the writ or other\noriginating process filed in the Court shall be amended accordingly\nwithin the time specified in the order or, where no time is specified,\nwithin 14 days after the making of the order, and a reference to the\norder, the date of the order and the date on which the amendment\nis made shall be endorsed on the originating process.\n(2) The filing of a copy of the originating process amended and\nendorsed as required by subrule (1) is a sufficient compliance with\nthat subrule.\n(3) Where an order is made under rule 9.06 or 9.08 adding or\nsubstituting a person as defendant:\n(a) the proceeding against the new defendant commences on the\namendment of the filed originating process in accordance with\nsubrule (1) or (2);\n(b) the plaintiff shall serve the amended originating process on\nthat defendant within such time as the Court directs and,\nunless the Court otherwise orders, it shall be served\npersonally; and\n(c) unless the Court otherwise orders:\n(i) where the new defendant is an added defendant – the\nproceeding shall be continued as if the new defendant\nwere an original defendant; and\n(ii) where the new defendant is a substituted defendant – all\nthings done in the course of the proceeding before it was\ncommenced against the new defendant shall have effect\nin relation to the new defendant as they had in relation to\nthe old defendant, except that the filing of an\nappearance by the old defendant shall not dispense with\nthe filing of an appearance by the new.\n\nSupreme Court Rules 1987 56\n9.12 Consolidation or trial together\n(1) Where 2 or more proceedings are pending in the Court and:\n(a) a common question of law or fact arises in both or all of them;\n(b) the rights to relief claimed in the proceedings are in respect of\nor arise out of the same transaction or series of transactions;\nor\n(c) for any other reason it is desirable to make an order under this\nrule,\nthe Court may order the proceedings to be consolidated, or to be\ntried at the same time or one immediately after the other, or may\norder any of them to be stayed until after the determination of any\nother of them.\n(2) An order for the trial together of 2 or more proceedings or for the\ntrial of one immediately after the other, shall be subject to the\ndiscretion of the trial Judge.\n9.13 Conduct of proceeding\nThe Court may give the conduct of the whole or a part of a\nproceeding to such person as it thinks fit.\n10.01 Application of order\nThis Order applies only to a proceeding commenced by writ and to\na proceeding in respect of which an order has been made under\nrule 4.07(a).\n10.02 When counterclaim allowed\n(1) A defendant who has a claim against the plaintiff may counterclaim\n(2) Rule 9.01 applies to a counterclaim as if the plaintiff were the\ndefendant and the defendant were the plaintiff.\n(3) A defendant who counterclaims shall plead his defence and the\ncounterclaim in one document called a defence and counterclaim.\n10.03 Counterclaim against plaintiff and another person\nA defendant may join with the plaintiff as defendant to the\ncounterclaim another, whether a party to the proceeding or not,\n\nSupreme Court Rules 1987 57\nwho, if the defendant were to bring a separate proceeding, could be\nproperly joined with the plaintiff as a party in accordance with\nrule 9.02.\n10.04 Procedure after counterclaim against another person\n(1) Where a defendant joins a person as a defendant to the\ncounterclaim under rule 10.03, the defence and counterclaim shall\ncontain a second title of the proceeding showing who is the plaintiff\nto the counterclaim and who are the defendants to it.\n(2) The defendant shall serve on the person joined as a defendant to\nthe counterclaim a copy of the defence and counterclaim and:\n(a) where the person so joined is already a party to the\nproceeding – the copy shall be served within the time fixed by\nrule 14.04 for serving a defence; and\n(b) where the person joined is not already a party – the copy shall\nbe served personally and, unless the Court otherwise orders,\nshall be served within 14 days after the expiration of the time\nfixed by rule 14.04 for serving a defence.\n(3) The person joined as a defendant to the counterclaim shall, on\nservice of a copy of the defence and counterclaim, if not already a\nparty, become a party and be in the same position as if he had\nbeen sued as defendant in the ordinary way by the defendant\nmaking the counterclaim.\n(4) Without limiting subrule (3), where the person joined as defendant\nto the counterclaim is not already a party to the proceeding,\nOrders 8, 11, 14 and 21 apply as if the counterclaim were a writ the\nendorsement of claim on which constituted a statement of claim in\naccordance with rule 5.04, the defendant making the counterclaim\nwere a plaintiff and the person joined were a defendant in the\n(5) A counterclaim served on a defendant to the counterclaim who is\nnot already a party shall commence with a notice in Form 10A.\n(6) A notice of appearance by a defendant to a counterclaim who is not\nalready a party shall be in Form 10B.\n10.05 Trial of counterclaim\nA counterclaim shall be tried at the trial of the claim of the plaintiff\n\nSupreme Court Rules 1987 58\n10.06 Counterclaim inconvenient\nNotwithstanding rules 10.02, 10.03 and 10.05, where a\ncounterclaim may embarrass or delay the trial of the claim of the\nplaintiff or cause prejudice to a party or otherwise cannot\nconveniently be tried with that claim, the Court may:\n(a) order separate trials of the counterclaim and the claim of the\nplaintiff;\n(b) order that a claim included in the counterclaim be excluded;\n(c) strike out the counterclaim without prejudice to the right of the\ndefendant to assert the claim in a separate proceeding; or\n(d) order that a person joined as a defendant to the counterclaim\ncease to be a party to it.\n10.07 Stay of claim\nWhere the defendant by his defence admits the claim of the plaintiff\nand counterclaims, the Court may stay the original proceeding until\nthe counterclaim is disposed of.\n10.08 Counterclaim on stay, etc., of original proceeding\nA counterclaim may be prosecuted notwithstanding that judgment is\ngiven for the plaintiff in the original proceeding or that the original\nproceeding is stayed, discontinued or dismissed.\n10.09 Judgment for balance\nWhere the plaintiff succeeds on the claim and the defendant\nsucceeds on the counterclaim and a balance in favour of one of\nthem results, the Court may give judgment for the balance.\n11.01 Claim by third party notice\nWhere a defendant claims as against a person not already a party\nto the proceeding (in this Order called the third party):\n(a) a contribution or indemnity;\n(b) relief or a remedy relating to or connected with the original\nsubject-matter of the proceeding and substantially the same\nas some relief or remedy claimed by the plaintiff; or\n\nSupreme Court Rules 1987 59\n(c) that a question relating to or connected with the original\nsubject-matter of the proceeding should be determined not\nonly as between the plaintiff and the defendant but also as\nbetween either or both of them and the third party,\nthe defendant may join the third party as a party to the proceeding,\nand make the claim against the third party, by filing and serving a\nthird party notice.\n11.02 Statement of claim on third party notice\nA third party notice shall be in Form 11A, and shall be endorsed\nwith a statement of claim.\n11.03 Time for appearance\n(1) A third party notice shall state a time within which the third party\nmay file an appearance in the proceeding.\n(2) The time under subrule (1) shall be:\n(a) where the notice is to be served in the Territory – within the\ntime limited by rule 8.04(a); and\n(b) where the notice is to be served out of the Territory –\n(i) within the time limited by rule 8.04(b), (c), or (d) in the\ncase of appearance by a defendant to a writ, whichever\nis appropriate; or\n(ii) within the time limited by an order of the Court\nauthorizing service of the notice.\n11.04 Filing and service of third party notice\n(1) A claim by third party notice shall be commenced by filing the notice\nin the Court, whereupon the third party becomes a party to the\n(2) A third party notice shall be filed and served on the third party in the\nsame manner as originating process is filed and served on a\n11.05 Time for third party notice\n(1) In a proceeding commenced by writ or in respect of which an order\nhas been made under rule 4.07(a), a defendant may not file a third\nparty notice until he has first served a defence.\n\nSupreme Court Rules 1987 60\n(2) A defendant may file a third party notice:\n(a) within 28 days after the time limited for the service of a\ndefence; or\n(b) at any time with the leave of the Court or the consent in writing\nof the plaintiff and all other parties who have appeared.\n11.06 Leave to file third party notice\nAn application for leave to file a third party notice shall be made on\nnotice to the plaintiff but the Court may direct notice to be given to\nany other party who has appeared.\n11.07 Period of service\n(1) A third party notice shall be served on the third party within 60 days\nafter it is filed.\n(2) Notwithstanding subrule (1), the Court may fix another period for\nthe service of a third party notice either before the notice is filed or\nat the time it grants leave under rule 11.05(2) to file the notice.\n(3) Where a third party notice has not been served on the third party,\nthe Court, from time to time by order, may extend the period for\nservice of the notice for such further period as it thinks fit.\n(4) An order may be made under subrule (3) before or after expiry of\nthe period for service.\n(5) At the time of service of a third party notice on a third party there\nshall also be served a copy of:\n(a) an order or consent under rule 11.05(2)(b);\n(b) an order under subrule (2) made before the third party notice\nwas filed fixing a period for service of the notice;\n(c) an order under subrule (3);\n(d) the writ or other originating process; and\n(e) any pleadings or affidavits filed and served in the proceeding.\n(6) Within the period for service of the third party notice on the third\nparty, a copy of the notice shall be served on the plaintiff and on all\nother parties who have appeared.\n\nSupreme Court Rules 1987 61\n(7) If a copy of the third party notice is not served in accordance with\nsubrule (6), the Court may, on application by the plaintiff or the third\nparty, order that the questions between the plaintiff and the\ndefendant be tried before and separately from the questions\nbetween the defendant and the third party.\n11.08 Appearance by third party\n(1) A third party may file an appearance within the time limited for\nappearance or within such further time as the Court allows.\n(2) A third party who files an appearance shall, on the same day, serve\na sealed copy of the notice of appearance on the plaintiff.\n(3) Rule 8.05, with the necessary changes, applies to an appearance\nby a third party under this rule.\n11.09 Defence of third party\n(1) A third party who files an appearance shall serve a defence to the\nstatement of claim endorsed on the third party notice, within\n14 days after filing the appearance.\n(2) The third party may, on a ground not raised by the defendant in his\ndefence, serve a defence to the statement of claim of the plaintiff by\nwhich he disputes the liability to the plaintiff of the defendant by\nwhom the third party was joined.\n(3) Rule 14.09 applies to a claim by a third party notice as if the claim\nwere a proceeding commenced by writ.\n(4) Where a third party files an appearance, the defendant by whom he\nwas joined shall serve on the third party a copy of all pleadings that\nmay from time to time be served between the plaintiff and that\n11.10 Counterclaim by third party\n(1) A third party who has a claim against the defendant may assert the\nclaim in the proceeding by way of counterclaim and rule 10.02\napplies as if the claim by the third party notice were a proceeding\n(2) A third party who counterclaims may join the plaintiff as defendant\nto the counterclaim along with the defendant if the plaintiff and\ndefendant could be joined properly as defendants in accordance\nwith rule 9.02 in a separate proceeding brought against them by the\nthird party.\n\nSupreme Court Rules 1987 62\n11.11 Default by third party\n(1) Where at the time a judgment is entered or given for the plaintiff\nagainst the defendant by whom the third party was joined the third\nparty has not filed an appearance or after appearance has not\nserved a defence and the time limited for filing an appearance or\nserving a defence has expired:\n(a) the third party shall be taken to admit the claims stated in the\nthird party notice and shall be bound by the judgment between\nthe plaintiff and the defendant insofar as it is relevant to the\nclaim or question stated in the notice; and\n(b) the defendant may at any time after satisfaction of the\njudgment or, with the leave of the Court, before satisfaction,\nenter judgment against the third party for a contribution or\nindemnity claimed in the notice and, with the leave of the\nCourt, for any other relief or remedy claimed.\n(2) If a third party or the defendant by whom he was joined fails to\nserve a pleading within the time limited, the Court may give such\njudgment for the party not in default or make such orders as it\n(3) The Court may set aside or vary a judgment or order made or given\nunder subrule (1)(b) or (2).\n11.12 Discovery and trial\nWhere the third party files an appearance:\n(a) the third party and the defendant by whom he was joined may\nhave discovery of one another; and\n(b) unless the Court otherwise orders:\n(i) the third party may attend and take part at the trial of the\nproceeding;\n(ii) at the trial the questions between the defendant and the\nthird party shall be tried concurrently with the questions\nbetween the plaintiff and the defendant; and\n(iii) the third party shall be bound by the result of the trial.\n\nSupreme Court Rules 1987 63\n11.13 Third party directions\n(1) Where the third party files an appearance, the Court may:\n(a) where the liability of the third party to the defendant by whom\nhe was joined as third party is established – give judgment for\nthat defendant against the third party;\n(b) order that a claim or question stated in the third party notice\nbe tried in such manner as it directs;\n(c) give the third party leave to defend the proceeding, either\nalone or jointly with a defendant, or to attend and take part at\nthe trial; and\n(d) generally make such orders and give such directions as are\nnecessary to ensure that all questions in the proceeding are\neffectually and completely determined and adjudicated on and\nas to the extent to which the third party is to be bound by a\njudgment or decision in the proceeding.\n(2) The Court may make an order or give a direction under subrule (1)\neither before or after a judgment in the proceeding has been\nentered or given for the plaintiff against the defendant and may, at\nany time, vary or rescind such an order or direction.\n11.14 Judgment between defendant and third party\n(1) Where a third party has been joined under this Order, the Court\nmay, at or after the trial of the proceeding or on its determination\notherwise than by trial, give judgment for the defendant by whom\nthe third party was joined against the third party or for the third party\nagainst that defendant.\n(2) Where judgment is given for the plaintiff against the defendant and\njudgment is given for that defendant against a third party, unless\nthe Court otherwise orders, the judgment against the third party\nshall not be enforced until the judgment against the defendant has\nbeen satisfied.\n11.15 Claim against another party\n(1) Where a party claims as against another party a relief of the kind\ndescribed in rule 11.01, the party may make the claim against the\nother party by filing and serving a notice in accordance with this\n(2) Subrule (1) does not apply where the claim could be made by\ncounterclaim in the proceeding.\n\nSupreme Court Rules 1987 64\n(3) No appearance to a notice under subrule (1) is necessary if the\nparty on whom it is served has filed an appearance in the\nproceeding or is a plaintiff, but otherwise this Order, with the\nnecessary changes, applies as if the defendant had filed and\nserved a third party notice under rule 11.01 and the party on whom\nthe notice was served were a third party joined under that rule.\n(4) Except as provided by subrule (5), a notice under subrule (1) shall,\nwith the necessary changes, be in accordance with Form 11A and\nbe endorsed with a statement of claim.\n(5) Where a party claims against another party contribution pursuant to\nsection 12 of the Law Reform (Miscellaneous Provisions) Act 1956,\na notice under subrule (1) shall be in accordance with Form 11B.\n11.16 Fourth and subsequent parties\n(1) Where a third party has filed an appearance this Order, with the\nnecessary changes, applies as if the third party were a defendant.\n(2) Where a person joined under this Order as a party by a third party\nhas filed an appearance, this Order as applied by this rule has\neffect as regards such further person and any other person or\npersons so joined and so on successively.\n(3) A third or subsequent party may not make a claim against another\nperson (whether that person is a party to the proceeding or not) by\nnotice under this Order without the leave of the Court.\n11.17 Counterclaim\nWhere a defendant has served a counterclaim, this Order, with the\nnecessary changes, applies as if the defendant were the plaintiff\nand the plaintiff were the defendant.\n12.01 Definitions\nclaimant means a person making a claim to or in respect of\nproperty in dispute.\nexecution creditor means a person for whom a warrant is issued.\nproperty in dispute means a debt or other property which is the\nsubject of proceedings under this Order.\n\nSupreme Court Rules 1987 65\nsheriff includes a person to whom a warrant of execution is\nstakeholder means an applicant under rule 12.02.\nwarrant means a warrant of execution under this Chapter.\n12.02 Stakeholder's interpleader\n(a) a person is under a liability (otherwise than as a sheriff) in\nrespect of a debt or other personal property; and\n(b) he is sued or expects to be sued in a court for or in respect of\nthe debt or property by 2 or more persons making adverse\nclaims to or in respect of the debt or property,\nthe Court may, on application by him, grant relief by way of\ninterpleader.\n(2) Where a stakeholder is sued in a proceeding in the Court for or in\nrespect of the property in dispute, an application under subrule (1)\nshall be made by summons in the proceeding.\n(3) A summons under subrule (2) shall be served on each party to the\nproceeding who is a claimant and shall be served personally on\neach claimant who is not a party.\n(4) Where subrule (2) does not apply, an application under subrule (1)\nshall be commenced by originating motion in which all claimants\nare joined as defendants.\n12.03 Sheriff's interpleader\n(1) Where a sheriff takes or intends to take personal property under a\nwarrant, a person making a claim to or in respect of the property or\nthe proceeds or value of the property may give notice in writing of\nhis claim to the sheriff.\n(2) A notice of claim under subrule (1) shall:\n(a) state the name and address of the claimant, which address\nshall be the address for service;\n(b) identify each item of personal property the subject of the\nclaim; and\n(c) state the grounds of the claim.\n\nSupreme Court Rules 1987 66\n12.04 Sheriff's summons to state claim\n(1) Where a person who is entitled to give notice under rule 12.03 does\nnot, within a reasonable time after having knowledge of the facts,\ngive notice under that rule, the Court may, on application by the\nsheriff, restrain the commencement or stay or restrain the\ncontinuance by the person of a proceeding in a court against the\nsheriff for or in respect of anything done by the sheriff in execution\nof the warrant after the time when the person might reasonably\nhave given notice under that rule.\n(2) A sheriff may apply for an order under subrule (1) by summons in\nthe proceeding in which the warrant is issued and, if he so applies,\nhe shall serve the summons personally on the person against\nwhom the order is sought.\n12.05 Notice to execution creditor\n(1) A sheriff shall on being given a notice of claim under rule 12.03,\nwithout delay, serve a copy of the notice, and also a notice in\naccordance with Form 12A, on the execution creditor.\n(2) The execution creditor may serve on the sheriff notice in writing that\nhe admits or disputes the claim.\n12.06 Admission of claim\nWhere an execution creditor admits a claim by notice under\nrule 12.05(2):\n(a) he shall not be liable for any fees or expenses incurred by the\nsheriff under the warrant after the notice is given;\n(b) the sheriff shall withdraw from possession of the property\nclaimed; and\n(c) the Court may, on application by the sheriff, restrain the\ncommencement or stay or restrain the continuance by the\nperson whose claim is admitted of proceedings in a court\nagainst the sheriff or in respect of anything done by the sheriff\nin execution of the warrant.\n\nSupreme Court Rules 1987 67\n12.07 Interpleader summons\n(1) Where under rule 12.05 a sheriff has served a notice of claim and a\nnotice in accordance with Form 12A on the execution creditor, the\nsheriff may, by summons in the proceeding in which the warrant is\nissued, apply to the Court for relief by way of interpleader if the\nexecution creditor:\n(a) does not within 7 days after the service of the notices under\nrule 12.05 serve on the sheriff notice in writing that he admits\nthe claim; or\n(b) within that period of 7 days serves on the sheriff notice in\nwriting that he disputes the claim,\nand the Court may, if the claim has not been withdrawn, grant that\nrelief.\n(2) A summons under subrule (1) shall be served on each party to the\nproceeding who claims an interest in the property in dispute and\nshall be served personally on each claimant who is not a party.\n12.08 Powers of Court\nOn application for relief by way of interpleader, the Court may:\n(a) where a proceeding in the Court is pending in which the\napplicant is sued for or in respect of any of the property in\ndispute – order that a claimant be added as a defendant in the\nproceeding in addition to or in substitution for the applicant, or\norder that the proceeding be stayed or dismissed;\n(b) order that a question between the claimants be stated and\ntried and direct which of the claimants is to be plaintiff and\nwhich defendant;\n(c) where proceedings in another court are pending in which the\napplicant is sued for or in respect of any of the property in\ndispute restrain the further continuance of those proceedings;\n(d) order the applicant to pay or transfer any of the property in\ndispute into court or otherwise to dispose of it;\n(e) where a claimant claims to be entitled by way of security for\ndebt to any of the property in dispute – make orders for the\nsale of any of the property and for the application of the\nproceeds of sale;\n(f) summarily determine a question of fact or law arising on the\napplication; and\n\nSupreme Court Rules 1987 68\n(g) make such order or give such judgment as it thinks fit.\n12.09 Default by claimant\n(1) Where a claimant:\n(a) has been given due notice of the hearing of an application for\nrelief by way of interpleader and does not attend on the\n(b) does not comply with an order made on such an application,\nthe Court may order that the claim and all persons claiming under\nthe claimant be barred from prosecuting the claimant's claim\nagainst the applicant and all persons claiming under the applicant.\n(2) An order under subrule (1) does not affect the rights of the\nclaimants as between themselves.\n12.10 Neutrality of applicant\n(1) Where a stakeholder applies for relief by way of interpleader, the\nCourt may dismiss the application or give judgment against the\napplicant, unless it is satisfied that the applicant:\n(a) claims no interest in the property in dispute except for charges\nor costs; and\n(b) does not collude with a claimant.\n(2) Where a sheriff applies for relief by way of interpleader, the Court\nmay require him to satisfy it on the matters mentioned in subrule (1)\nand it may, if not satisfied on those matters, dismiss the application.\n(3) Nothing in this rule affects the power of the Court in other cases to\ndismiss the application or give judgment against the applicant.\n12.11 Order in several proceedings\n(1) Where an application for relief by way of interpleader is made and\nseveral proceedings are pending in the Court for or in respect of\nany of the property in dispute, the Court may make an order in any\n2 or more of those proceedings.\n(2) An order made under subrule (1) shall be entitled in all the\nproceedings in which it is made and is binding on all the parties to\nthem.\n\nSupreme Court Rules 1987 69\n12.12 Trial of interpleader question\n(1) Order 49, with the necessary changes, applies to the trial of an\ninterpleader question.\n(2) On the trial of an interpleader question the Court may finally\ndetermine all question arising on the application for relief by way of\ninterpleader.\n(3) An interpleader question, including any other question arising on\nthe application for relief, may, with the consent of all parties, be\ntried by an Associate Judger.\n13.01AA General\n(1) A party or the party's legal practitioner must ensure that each of the\nfollowing properly identifies only the real issues of substance that\nare in dispute between the parties:\n(a) a pleading;\n(b) a response to a pleading;\n(c) a request for particulars of a pleading;\n(d) a response to a request for particulars of a pleading.\n(2) Subrule (1) applies in relation to a pleading, response or request\nmentioned in subrule (1), despite any other rule.\n13.01 Formal requirements\n(1) A pleading shall:\n(a) specify the name of the legal practitioner, if any, who has the\nconduct of the proceeding on behalf of the party filing the\npleading; and\n(b) be signed in accordance with subrule (3) and dated; and\n(c) contain a description of the pleading; and\n(d) be divided into paragraphs numbered consecutively and each\nallegation, so far as practicable, shall be contained in a\nseparate paragraph.\n\nSupreme Court Rules 1987 70\n(2) Where a pleading has been settled by counsel or a legal\npractitioner other than the legal practitioner referred to in\nsubrule (1)(a), the name of counsel or that other legal practitioner\nand the fact that it was so settled shall be noted on the pleading.\n(3) A pleading shall be signed by the legal practitioner who settled it or,\nwhere the pleading was not settled by a legal practitioner, by the\n13.02 Content of pleading\n(1) A pleading shall:\n(a) contain in a summary form a statement of all the material facts\non which the party relies but not the evidence by which those\nfacts are to be proved;\n(b) where a claim, defence or answer of the party arises by or\nunder an Act identify the specific provision relied on; and\n(c) state specifically the relief or remedy, if any, claimed.\n(2) A party may, by his pleading:\n(a) raise a point of law; and\n(b) plead a conclusion of law if the material facts supporting the\nconclusion are pleaded.\n13.03 Document or conversation\nThe effect of a document or the purport of a conversation, if\nmaterial, shall be pleaded as briefly as possible and the precise\nwords of the document or conversation shall not be pleaded unless\nthose words are themselves material.\n13.04 Fact presumed true\nA party need not plead a fact if it is presumed by law to be true or\nthe burden of disproving it lies on the opposite party, unless the\nother party has specifically denied it in his pleading.\n13.05 Condition precedent\nAn allegation of the performance or occurrence of a condition\nprecedent necessary for the claim or defence of a party shall be\nimplied in the party's pleading.\n\nSupreme Court Rules 1987 71\n13.06 Implied contract or relation\nWhere it is alleged that a contract or relation between persons is to\nbe implied from a series of letters or conversations or other\ncircumstances, it shall be sufficient to allege the contract or relation\nas a fact and to refer generally to the letters, conversations or\ncircumstances without setting them out in detail.\n13.07 Matter which must be pleaded\n(1) A party shall, in a pleading subsequent to a statement of claim,\nplead specifically a fact or matter which:\n(a) the party alleges makes a claim or defence of the opposite\nparty not maintainable;\n(b) if not pleaded specifically, might take the opposite party by\nsurprise; or\n(c) raises a question of fact not arising out of the preceeding\n(2) In a proceeding for the recovery of land:\n(a) the endorsement of a claim on the writ or, if that endorsement\ndoes not constitute a statement of claim, the statement of\nclaim, shall describe the land so that it is physically\nidentifiable; and\n(b) the defendant shall plead specifically every ground of defence\non which he relies and a plea that he is in possession of the\nland by himself or his tenant is not sufficient.\n(3) A claim for exemplary damages shall be specifically pleaded\ntogether with the facts on which the party pleading relies.\n13.08 Subsequent fact\nA party may plead a fact or matter which has arisen at any time,\nwhether before or since the commencement of the proceeding.\n13.09 Inconsistent pleading\n(1) A party may in a pleading make inconsistent allegations of fact if\nthe pleading makes it clear that the allegations are pleaded in the\nalternative.\n(2) A party shall not in a pleading make an allegation of fact, or raise a\nnew claim, inconsistent with an allegation made or claim raised in a\nprevious pleading by him.\n\nSupreme Court Rules 1987 72\n(3) Subrule (2) does not affect the right of a party to amend, or apply\nfor leave to amend, his previous pleading so as to plead the\nallegations or claims in the alternative.\n13.10 Particulars of pleading\n(1) A pleading shall contain the necessary particulars of a fact or\nmatter pleaded.\n(2) Without limiting subrule (1), particulars shall be given if they are\nnecessary to enable the opposite party to plead or to define the\nquestions for trial or to avoid surprise at the trial.\n(3) Without limiting subrule (1), a pleading shall contain particulars of\nany:\n(a) misrepresentation, fraud, breach of trust, wilful default or\nundue influence; or\n(b) disorder or disability of the mind, malice, fraudulent intention\nor other condition of the mind, including knowledge or notice,\nwhich is alleged.\n(4) The pleading of a party who claims damages for bodily injury shall\nstate:\n(a) particulars, with dates and amounts, of all earnings lost in\nconsequence of the injury complained of;\n(b) particulars of loss of earning capacity, if any, resulting from the\ninjury;\n(c) the date of the party's birth; and\n(d) the name and address of each of the party's employers\ncommencing from the day being 12 months before he\nsustained the injury, the time of commencement and the\nduration of each employment and the total net amount, after\ndeduction of tax, that was earned in each employment.\n(5) In a proceeding for libel the endorsement of a claim on the writ or, if\nthat endorsement does not constitute a statement of claim, the\nstatement of claim, shall state sufficient particulars to identify the\npublication in respect of which the proceeding is commenced.\n(6) Particulars of a debt, damages or expenses which exceed a page\nshall be set out in a separate document referred to in the pleading\nand the pleading shall state whether the document has already\nbeen served (and, if so, when) or is to be served with the pleading.\n\nSupreme Court Rules 1987 73\n13.11 Order for particulars\n(1) The Court may order a party to serve on another party particulars or\nfurther and better particulars of a fact or matter stated in the party's\npleading or in an affidavit filed on his behalf ordered to stand as a\n(2) The Court shall not make an order under subrule (1) before service\nof the defence, unless the order is necessary or desirable to enable\nthe defendant to plead or for some other special reason.\n(3) The Court may refuse to make an order under subrule (1) if the\nparty applying for the order did not first apply by letter for the\nparticulars he requires.\n13.12 Admission and denials\n(1) Except as provided in subrule (4), every allegation of fact in a\npleading shall be taken to be admitted unless it is denied\nspecifically or by necessary implication or is stated to be not\nadmitted in the pleading of the opposite party, or unless a joinder of\nissue under rule 13.13 operates as a denial of it, and a general\ndenial of the allegations, or a general statement that they are not\nadmitted, shall not be sufficient.\n(3) Where the party pleading intends to prove facts which are different\nfrom those pleaded by the opposite party, it is not sufficient for the\nparty merely to deny or not to admit the facts so pleaded but the\nparty shall plead the facts he intends to prove.\n(4) An allegation that a party has suffered damage, and an allegation\nas to the amount of damages, shall be taken to be denied unless\nspecifically admitted.\n13.13 Denial by joinder of issue\n(1) No reply or subsequent pleading merely joining issue shall be\n(2) At the close of pleadings a joinder of issue on the pleading last\nserved shall be implied.\n(3) No joinder of issue, express or implied, shall be made on a\nstatement of claim or counterclaim.\n(4) A joinder of issue operates as a denial of every material allegation\nof fact made in the pleading on which issue is joined unless, in the\ncase of an express joinder of issue, such an allegation is excepted\nfrom the joinder and is stated to be admitted, in which case the\njoinder of issue operates as a denial of every other allegation.\n\nSupreme Court Rules 1987 74\n13.14 Money claim as defence\nWhere a defendant has a claim against a plaintiff for the recovery of\na debt or damages, the claim may be relied on as a defence to the\nwhole or part of a claim made by the plaintiff for the recovery of a\ndebt or damages and may be included in the defence and set off\nagainst the plaintiff's claim, whether or not the defendant also\ncounterclaims for that debt or those damages.\n13.15 Counterclaim\nas if it were a statement of claim, and to a defence to counterclaim\nas if it were a defence.\n14.01 Statement of claim endorsed on writ\nWhere the endorsement of a claim on a writ constitutes a statement\nof claim in accordance with rule 5.04, no statement of claim shall be\n14.02 Statement of claim not endorsed on writ\nWhere the endorsement of a claim on a writ does not constitute a\nstatement of claim in accordance with rule 5.04 and a defendant\nfiles an appearance, the plaintiff shall serve a statement of claim on\nthat defendant within 14 days after his appearance, unless the\n14.03 Alteration of claim as endorsed on writ\n(1) Where a statement of claim is served in a proceeding commenced\nby writ, the plaintiff may in the statement alter, modify or extend the\nclaim as endorsed on the writ without amendment of the\nendorsement.\n(2) The Court may, by order, allow the plaintiff to serve a statement of\nclaim the effect of which will be to add a new cause of action to, or\nsubstitute a new cause of action for, a cause of action disclosed in\nthe writ.\n(3) Where the Court makes an order under subrule (2), it may further\norder that the plaintiff amend the endorsement of claim on the writ\nto make it conform to the statement of claim.\n\nSupreme Court Rules 1987 75\n14.04 Service of defence\nIn a proceeding commenced by writ, a defendant who files an\nappearance shall serve a defence:\n(a) where the endorsement of claim on the writ constitutes a\nstatement of claim in accordance with rule 5.04 – within\n14 days after filing the appearance;\n(b) where the plaintiff serves a statement of claim – within\n14 days after service of the statement of claim; or\n(c) within such time as the Court directs.\n14.05 Reply\nWhere the plaintiff is required to serve a reply, it shall be served\nwithin 14 days after service of the defence, unless the Court\n14.06 Pleading after reply\nNo pleading subsequent to a reply shall be served without an order\n14.07 Defence to counterclaim\nWhere the defendant sets up a counterclaim in the defence, the\nplaintiff or a person joined as a defendant to the counterclaim who\nis already a party to the proceeding shall serve a reply and defence\nto the counterclaim or a defence to the counterclaim within 14 days\nafter service of the defence and counterclaim, unless the Court\n14.08 Close of pleadings\nUnless the Court otherwise orders, pleadings shall be closed:\n(a) where no pleading beyond a defence is ordered or served – at\nthe expiration of 14 days after service of the defence; and\n(b) where pleadings beyond a defence are ordered or served – at\nthe expiration of 14 days after service of the last of those\npleadings.\n14.09 Order as to pleadings\nNotwithstanding anything contained in this Order, in a proceeding\ncommenced by writ the Court may order that:\n(a) a party serve a pleading;\n\nSupreme Court Rules 1987 76\n(b) the service of a pleading be dispensed with; or\n(c) the proceeding be tried without pleadings.\n14.10 Filing of pleadings\nA party who serves a pleading on another party shall, without delay\nafter service, file a copy of the pleading.\n15.01 Interpretation\nIn this Order person under a disability means an infant or a\nperson who is incapable (by reason of age, injury, disease, senility,\nillness or physical or mental infirmity) of managing his affairs in\nrelation to the proceeding.\n15.02 Litigation guardian of person under disability\n(1) Except where otherwise provided by or under an Act, a person\nunder a disability shall commence or defend a proceeding by his\n(2) Except where otherwise provided by this Chapter, anything in a\nproceeding that is required or permitted by this Chapter to be done\nby a party shall or may, if the party is a person under a disability, be\ndone by his litigation guardian.\n(3) A litigation guardian of a person under a disability shall act by a\nsolicitor.\n15.03 Appointment of litigation guardian\n(1) A person may be a litigation guardian of a person under a disability\nif he is not himself a person under a disability and he has no\ninterest in the proceeding adverse to that of the person under a\n(2) Where a person is authorized by or under an Act to conduct legal\nproceedings in the name of or on behalf of a person under a\ndisability, he shall, unless the Court otherwise orders, be entitled to\nbe the litigation guardian of the person under a disability in a\nproceeding to which his authority extends.\n(3) Where after a proceeding is commenced a party to the proceeding\nbecomes a person under a disability, the Court shall appoint a\nlitigation guardian of that party.\n\nSupreme Court Rules 1987 77\n(4) Where the interests of a party who is a person under a disability so\nrequire, the Court may appoint or remove a litigation guardian or\nsubstitute another person as the litigation guardian.\n(5) Where a party has a litigation guardian in a proceeding, no other\nperson shall act as the litigation guardian, unless the Court\n(6) Except where a litigation guardian has been appointed by the\nCourt, the name of a person shall not be used in a proceeding as\nthe litigation guardian of a person under a disability unless there is\nfirst filed in the Registry the written consent of the person to be the\n(7) A consent under subrule (6) shall include a statement detailing the\ncircumstances that constitute the proposed litigant to be a person\nunder a disability and a certificate by the proposed litigation\nguardian that he has no interest in the proceeding adverse to that of\nthe person under a disability.\n15.04 No appearance by person under disability\nWhere a defendant who is a person under a disability does not file\nan appearance within the time limited, the plaintiff shall not continue\nthe proceeding unless a person is made the litigation guardian of\nthe defendant in accordance with rule 15.03 or is appointed the\nlitigation guardian by order of the Court.\n15.05 Application to discharge or vary certain orders\nAn application to the Court on behalf of a person under a disability\nserved with an order made without notice under rule 9.09 for the\ndischarge or variation of the order shall be made:\n(a) if a litigation guardian is acting for that person in the\nproceeding in which the order is made – within 14 days after\nthe service of the order on that person; or\n(b) if no litigation guardian is acting for that person in that\nproceeding – within 14 days after the appointment of a\nlitigation guardian to act for him.\n15.06 Pleading admission by person under disability\nNotwithstanding anything in rule 13.12(1), a person under a\ndisability shall not be taken to admit the truth of an allegation of fact\nmade in the pleading of the opposite party unless in his pleading\nthe person states that the allegation is admitted.\n\nSupreme Court Rules 1987 78\n15.07 Discovery\n(1) Subject to subrule (2), a party shall be entitled to have discovery of\na person under a disability as if that person were not under a\n(2) The discovery shall be given by the person under a disability or his\nlitigation guardian, whichever is appropriate.\n15.08 Compromise of claim by person under disability\n(1) Where in a proceeding a claim is made by or on behalf of or against\na person under a disability, no compromise, payment of money into\nCourt, acceptance of money paid into Court or acceptance of an\noffer of compromise under Order 26, whenever entered into or\nmade, so far as it relates to that claim, is valid without the approval\n(2) Application for approval shall be by summons filed not later than\n14 days after the compromise, payment or acceptance.\n(2.1) A copy of an affidavit in support of the application shall not be\n(3) The Court may dispense with the requirement of a summons where\nan application for approval is made at the trial of the proceeding.\n(4) On the application evidence shall be given of the date of the\ncompromise, payment or acceptance and the date of birth of the\nperson under a disability and the dates shall be stated in an order\napproving the compromise, payment or acceptance.\n(5) Where the acceptance of an offer of compromise is approved, the\nperson under a disability shall be taken to have made or accepted\nthe offer at the time of approval.\n(6) Where an order is made approving a compromise by which money\nis to be paid to a person under a disability, the forms of order in\nForm 15A and 15B shall, where appropriate, be used.\n15.09 Execution against money in Court\n(a) a person under a disability is required by a judgment to pay\nmoney;\n(b) money stands in court to the credit of that person or he has a\nbeneficial interest in money or funds in court; and\n\nSupreme Court Rules 1987 79\n(c) under this Chapter the Court, on the application of the person\nentitled to enforce the judgment:\n(i) may, order that the money in court, or so much of the\nmoney as is sufficient to satisfy the judgment, be paid to\nthat person or, as the case may be; or\n(ii) make an order imposing a charge on the beneficial\ninterest of the person under a disability in the money or\nfunds in court to secure the payment of the sum due\nunder the judgment.\n(2) In determining whether to make an order for payment or an order\nimposing a charge, as the case may be, the Court shall have regard\nto the fact that the person liable under the judgment is a person\nunder a disability, the purpose for which payment of the money or\nfunds into court was made and the purpose for which the money or\nfunds are held.\n15.10 Counterclaim and claim by third party notice\nagainst a person under a disability who is joined as a defendant to\nthe counterclaim under rule 10.03 and to a claim by a third party\nnotice by or on behalf of or against a person under a disability.\n16.01 Representation of unascertained persons\n(1) This rule applies to a proceeding relating to:\n(a) the administration of the estate of a deceased person;\n(b) property subject to a trust; or\n(c) the construction of an Act or an instrument.\n(2) The Court may appoint one or more persons to represent a person\n(including an unborn person) who or class which is or may be\ninterested (whether presently or for a future, contingent or\nunascertained interest) in, or affected by, the proceeding where:\n(a) the person, the class or a member of the class cannot be\nascertained or cannot readily be ascertained;\n(b) the person, class or a member of the class, although\nascertained, cannot be found; or\n\nSupreme Court Rules 1987 80\n(c) although the person or the class and its members can be\nascertained and found, it appears to the Court having regard\nto all the circumstances, including the amount at stake and the\ndegree of difficulty of the point to be determined, it is\nexpedient to make the order for the purpose of saving\nexpense.\n(3) Where the Court makes an order under subrule (2), a judgment or\norder in the proceeding shall bind the person or members of the\nclass represented as if he or they were parties.\n(4) Where a compromise of a proceeding is proposed and some of the\npersons who are interested in, or who may be affected by, the\ncompromise are not parties (including unborn or unascertained\npersons) but:\n(a) there is a party in the same interest who assents to the\ncompromise or on whose behalf the Court sanctions the\ncompromise; or\n(b) the absent persons are represented by a person appointed\nunder subrule (2) and he so assents,\nthe Court, if satisfied that the compromise is for the benefit of the\nabsent persons, may approve the compromise and order that it\nshall be binding on the absent persons, and they shall be bound\naccordingly except where the order is obtained by fraud or\nnon-disclosure of a material fact.\n16.02 Beneficiaries\n(1) Where a party sues or is sued as executor, administrator or trustee:\n(a) it shall not be necessary to join as a party a person having a\nbeneficial interest in the estate or under the trust; and\n(b) a judgment or order in the proceeding shall bind all such\npersons as it does the executor, administrator or trustee.\n(2) Subrule (1) does not limit the power of the Court to order the\naddition of a party under rule 9.06 or to make an order under\nrule 16.01(2).\n\nSupreme Court Rules 1987 81\n16.03 Deceased person\n(1) Where a deceased person was interested, or the estate of a\ndeceased person is interested, in a question in a proceeding and\nthe deceased person has no personal representative, the Court\nmay:\n(a) proceed in the absence of a person to represent the estate of\nthe deceased; or\n(b) by order (with the consent of the person appointed) appoint a\nperson to represent the estate for the purpose of the\n(2) An order under subrule (1), and a judgment or order subsequently\ngiven or made in the proceeding, binds the estate of the deceased\nperson as it would had a personal representative of the deceased\nbeen a party.\n(3) Before making an order under this rule, the Court may require\nnotice of the application for the order to be given to a person having\nan interest in the estate.\n17.01 Partners\n(1) Where 2 or more persons carry on business as partners in the\nTerritory, a proceeding may be commenced by or against them in\nthe name of the firm (if any) of which they were partners when the\ncause of action accrued.\n(2) Subrule (1) applies where partners sue or are sued by:\n(a) a partner of the same firm; or\n(b) partners of another firm, and a partner of the one firm is a\npartner of the other.\n17.02 Disclosure of partners\n(1) Where a proceeding is commenced by or against partners in the\nfirm name under rule 17.01, another party may, by notice served at\nthe address for service of the partners in the proceeding, require\nthe partners to disclose in writing, within 14 days after service, the\nname and address of the usual or last known place of residence or\nof business of each person constituting the firm at the time when\nthe cause of action accrued and whether since that time there has\nbeen any and if so what change in the membership of the firm.\n\nSupreme Court Rules 1987 82\n(2) Where partners fail to comply with a notice under subrule (1), the\nCourt may:\n(a) where the partners are plaintiffs – order that the proceeding be\ndismissed;\n(b) where the partners are defendants order that their defence be\nstruck out; or\n(c) in either case, make such other orders as it thinks fit.\n17.03 Service of originating process\n(1) Originating process in a proceeding commenced against partners in\nthe firm name under rule 17.01 may be served on:\n(a) any one or more of the partners; or\n(b) a person at the principal place of business of the partnership\nwithin the Territory who appears to have control or\nmanagement of the partnership business there.\n(2) Originating process served under subrule (1) shall be taken to have\nbeen duly served on the partners whether or not a partner is out of\nthe Territory.\n(3) Where a partnership has to the knowledge of the plaintiff been\ndissolved before the proceeding against the partners has\ncommenced, the originating process shall be served on every\nperson sought to be made liable in the proceeding.\n(4) Every person on whom originating process is served under\nsubrule (1) shall be informed by notice in writing given at the time of\nservice whether he is served as a partner or as a person having the\ncontrol or management of the partnership business or in both\ncharacters and, in default of such notice, the person served shall be\ntaken to be served as a partner.\n17.04 Appearance by partners\nPartners sued in the name of their firm shall appear individually in\ntheir own names but the proceeding shall, nevertheless, continue in\nthe name of the firm.\n17.05 No appearance except by partners\nA person served with originating process as a person having the\ncontrol or management of the partnership business shall not file an\nappearance unless he is a partner.\n\nSupreme Court Rules 1987 83\n17.06 Appearance under objection of person sued as partner\n(1) A person served with originating process as a partner may file an\nappearance stating that he does so as a person served as a partner\nand that he denies that he was a partner at a material time or is\nliable as such.\n(2) An appearance filed under subrule (1) shall not preclude the plaintiff\nfrom otherwise serving the partners and, if no party has filed an\nappearance in the ordinary form, from obtaining judgment against\nthe partners in the name of the firm in default of appearance.\n(3) Where an appearance is filed under subrule (1):\n(a) the plaintiff may either apply to set it aside on the ground that\nthe person filing it was a partner or is liable as a partner or\nleave that question to be determined at a later stage of the\nproceeding;\n(b) the person filing the appearance may either apply to set aside\nthe service on him on the ground that he was not a partner at\na material time or liable as such or at the proper time serve a\ndefence on the plaintiff denying in respect of the plaintiff's\nclaim either his liability as a partner or the liability of the\npartners or both; and\n(c) the Court may give directions as to the mode and time of trial\nof the question of the liability of the person who filed the\nappearance or of the liability of the partners.\n(4) Rule 8.08 does not apply to an appearance filed under this rule.\n17.07 Enforcement of judgment\n(1) A judgment given or order made against partners suing or sued in\nthe name of their firm may, subject to subrule (2) and rule 17.08, be\nenforced against:\n(a) property of the partnership; and\n(b) a person who:\n(i) filed an appearance as a partner;\n(ii) having been served as a partner with originating\nprocess, failed to file an appearance;\n(iii) admitted in his pleading that he is a partner; or\n\nSupreme Court Rules 1987 84\n(iv) was served with originating process as a partner and\nwas adjudged to be a partner.\n(2) Where a party who has obtained a judgment or order against\npartners suing or sued in the name of their firm claims that a person\nis liable to satisfy the judgment or order as a partner and subrule (1)\ndoes not apply in relation to that person, the Court:\n(a) where liability is not disputed – may order that the judgment or\norder be enforced against that person; or\n(b) where the liability is disputed – may give directions for the trial\nof the question of liability.\n(3) An application under subrule (2) shall be made by summons served\npersonally on the person against whom enforcement of the\njudgment or order is sought.\n17.08 Enforcement between partners\nA judgment given or order made against partners suing or being\nsued in the name of their firm in a proceeding of the kind referred to\nin rule 17.01(2)(a) or (b) shall not be enforced without the leave of\nthe Court and, on application for leave, the Court may make an\norder that necessary accounts and inquiries be taken and made.\n17.09 Attachment of debts\n(1) A debt due or accruing due from partners may be attached under\nthis Chapter notwithstanding that a partner is resident out of the\nTerritory if a partner or a person apparently having the control or\nmanagement of the partnership business in the Territory is served\nwith the garnishee summons.\n(2) The attendance of a partner before the Court on the hearing of a\ngarnishee summons is a sufficient attendance by the partners.\n17.10 Person using the business name\nA person carrying on business in the Territory in a name or style\nother than his own may be sued in that name or style as if it were\nthe name of a firm and rules 17.02 to 17.09, with the necessary\nchanges, apply as if he were a partner and the name in which he\ncarries on business were the name of his firm.\n17.11 Charge on partner's interest\n(1) An application to the Court by a judgment creditor of a partner for\nan order charging his interest in the partnership property and profits\nunder section 27 of the Partnership Act 1997 and for such other\n\nSupreme Court Rules 1987 85\norders as are by that Act authorized to be made, and every\napplication to the Court by a partner of a judgment debtor made in\nconsequence of the first mentioned application, shall be made by\n(2) A summons filed by the judgment creditor under this rule and an\norder made on the summons, shall be served on the judgment\ndebtor and on such of his partners as are in the Territory.\n(3) A summons filed by a partner of a judgment debtor under this rule,\nand an order made on the summons, shall be served on:\n(a) the judgment creditor;\n(b) the judgment debtor; and\n(c) such of the other partners of the judgment debtor as do not\njoin in the application and are in the Territory.\n(4) A summons or order served under this rule on some only of the\npartners of the judgment debtor shall be taken to have been served\non all of the partners.\n18.01 Application\nThis Order applies where numerous persons have the same\ninterest in a proceeding, but does not apply to a proceeding\nconcerning:\n(a) the administration of the estate of a deceased person; or\n(b) property subject to a trust.\n18.02 Proceeding by or against representative\nA proceeding may be commenced and, unless the Court otherwise\norders, continued by or against one or more persons having the\nsame interest as representing some or all of them.\n18.03 Order for representation by defendant\n(1) At any stage of a proceeding under rule 18.02 against one or more\npersons having the same interest, the Court may appoint one or\nmore of:\n(a) the defendants; or\n\nSupreme Court Rules 1987 86\n(b) the persons as representing whom the defendants are sued,\nto represent some or all of those persons in the proceeding.\n(2) Where the Court appoints a person who is not a defendant, it shall\nmake an order under rule 9.06 adding the person as a defendant.\n18.04 Effect of judgment\n(1) A judgment given or order made in a proceeding to which this Order\napplies binds the parties and all persons as representing whom the\nparties sue or are sued, as the case may be.\n(2) The judgment or order shall not be enforced against a person who\nis not a party, except by leave of the Court.\n(3) An application for leave shall be made by summons served\npersonally on the person against whom enforcement of the\njudgment or order is sought.\n19.01 Definitions\nthe Act means the Judiciary Act 1903 of the Commonwealth.\nState has the meaning ascribed in section 78AA of the Act.\n19.02 Notice\n(1) Where a proceeding involves a matter arising under the\nConstitution or involving its interpretation within the meaning of\nsection 78B of the Act, the party whose case raises the matter\nshall, unless the Court directs another party to do so, without delay\nfile a notice of a constitutional matter.\n(2) A notice under subrule (1) shall state:\n(a) specifically the nature of the matter; and\n(b) the facts showing that the matter is one to which subrule (1)\napplies.\n(3) The notice shall be in Form 19A.\n\nSupreme Court Rules 1987 87\n19.03 Filing and service\n(1) Subject to subrule (3), the party required or directed under\nrule 19.02 to file the notice shall serve a copy on:\n(a) every other party; and\n(b) (i) the Attorney-General for the Commonwealth, if he or the\nCommonwealth is not a party; and\n(ii) the Attorney-General of each State, if he or that State is\nnot a party.\n(2) Unless the Court otherwise orders, the copy shall be served without\ndelay after the notice is filed.\n(3) Service of a copy of the notice need not be effected on an Attorney-\nGeneral if steps have been taken that could reasonably be\nexpected to cause the matters to be notified to be brought to the\nattention of that Attorney-General.\n(4) The party serving a copy of the notice shall, without delay, file an\naffidavit of service.\n20.01 Notice of change\nWhere a solicitor acts for a party in a proceeding and the party\nchanges his solicitor, the party shall, without delay, file notice of the\nchange and serve a copy of the notice on the other parties and,\nwhere practicable, his former solicitor.\n20.02 Party appointing solicitor\nWhere a party who has no solicitor in a proceeding appoints a\nsolicitor to act for him in the proceeding, the solicitor shall, without\ndelay, file notice of the appointment and serve a copy of the notice\non the other parties.\n20.03 Solicitor ceasing to act\n(1) Where a solicitor ceases to act for a party in a proceeding, unless a\nnotice of change is filed and served under rule 20.01, the solicitor\nshall, without delay, file notice that he has ceased to act and serve\na copy on all the parties.\n(2) A notice under subrule (1) shall state the party's address last known\nto the solicitor.\n\nSupreme Court Rules 1987 88\n(3) Except by leave of the Court, a solicitor shall not file a notice under\nsubrule (1):\n(a) where the address of the party in the notice is not within\n30 kilometres of the Registry in which the originating process\nwas filed; or\n(b) after a proceeding has been set down for trial.\n20.04 Removal of solicitor from record\n(1) Where a solicitor who has acted for a party in a proceeding has\ndied, become bankrupt, cannot be found, has ceased to have the\nright of practising in the Court or for any reason has ceased to\npractise, and the party has not given notice under rule 20.01 or the\nsolicitor has not given notice under rule 20.03, the Court may, on\napplication made by another party to the proceeding, by order,\ndeclare that the solicitor has ceased to be the solicitor acting for the\nfirst-mentioned party in the proceeding.\n(2) An application under subrule (1) shall be made by summons\nsupported by an affidavit stating the facts on which the application\nis made and, unless the Court otherwise orders, the summons and\na copy of the affidavit shall be served on the party to whose solicitor\nthe application relates.\n(3) Where an order is made under subrule (1), the party on whose\napplication it was made shall, without delay, serve a copy of the\norder on every other party to the proceeding and file an affidavit of\n20.05 Address for service\n(1) The address for service of a party:\n(a) who changes his solicitor and files and serves notice under\nrule 20.01, shall be the business address of the new solicitor;\n(b) who appoints a solicitor in the circumstances referred to in\nrule 20.02, shall be the business address of the solicitor; or\n(c) for whom a solicitor has ceased to act, where notice is filed\nand served by the solicitor under rule 20.03 without leave,\nshall be the address stated in the notice.\n(2) Where the Court under:\n(a) rule 20.03(3)(a) gives a solicitor leave to file notice that he has\nceased to act; or\n\nSupreme Court Rules 1987 89\n(b) rule 20.04(1), by order, declares that a solicitor has ceased to\nact,\nthe Court may, by order, direct what address shall be the address\nfor service of the party for whom the solicitor has ceased to act.\n(3) Where the Court makes no order under subrule (2), a document in\nthe proceeding which is not required to be served personally may\nbe served on the party for whom the solicitor has ceased to act by\nfiling it.\n(3.1) A party who serves a document by filing in accordance with\nsubrule (3) shall endorse on a backsheet or on the back of the last\n21.01 Default of appearance\n(1) This rule applies only to a proceeding commenced by writ.\n(2) Where a defendant does not file an appearance within the time\nlimited, the plaintiff may enter or apply for judgment against that\ndefendant in accordance with this Order.\n(3) Judgment shall not be entered or given for the plaintiff unless there\nis filed:\n(a) an affidavit proving service of the writ on the defendant; and\n(b) where the plaintiff applies for judgment in accordance with\nrule 21.04 and the endorsement of claim on the writ does not\nconstitute a statement of claim in accordance with rule 5.04, a\nstatement of claim.\n21.02 Default of defence\n(1) Where a defendant, being required to serve a defence, does not do\nso within the time limited, the plaintiff may enter or apply for\njudgment against the defendant in accordance with this Order.\n(2) Judgment shall not be entered or given for the plaintiff unless an\naffidavit proving the default is filed.\n(3) Subrules (1) and (2), with the necessary changes, apply where the\ndefendant has served a defence and by or under an order of the\nCourt the defence is struck out.\n\nSupreme Court Rules 1987 90\n21.03 Judgment for recovery of debt, damages or property\n(1) Where a claim is made for the recovery of a debt, damages or\nproperty, whether or not another claim is also made in the\nproceeding, and the plaintiff is entitled to judgment on that claim\nagainst a defendant in accordance with rule 21.01 or rule 21.02, the\nplaintiff may:\n(a) for the recovery of a debt – enter final judgment against the\ndefendant for an amount not exceeding the amount claimed in\nthe writ or, if the plaintiff has served a statement of claim, the\namount claimed in the statement of claim, together with\ninterest from the commencement of the proceeding to the date\nof the judgment:\n(i) on any debt which carries interest – at the rate it carries;\nand\n(ii) on any other debt – at the rates payable on judgment\ndebts during that time;\n(b) for the recovery of damages – enter interlocutory judgment\nagainst the defendant for the damages to be assessed;\n(c) for the recovery of land – enter judgment for possession of the\nland against the defendant;\n(d) for the detention of goods – enter interlocutory judgment\nagainst that defendant:\n(i) either for the delivery of goods or their value to be\nassessed or for the value of the goods to be assessed;\nand\n(ii) if a claim is made for the recovery of damages for the\ndetention of the goods, for the damages to be assessed.\n(2) On entering judgment under subrule (1) the plaintiff may also enter\njudgment for costs.\n(3) Where under subrule (1) damages or the value of goods are to be\nassessed, the assessment shall unless the Court otherwise orders,\nbe made by an Associate Judge in accordance with Order 51.\n21.04 Judgment other than for recovery of debt, damages or\n(1) Where a claim is made other than for the recovery of a debt,\ndamages or property, whether or not a claim for such recovery is\nalso made in the proceeding, and the plaintiff is entitled to judgment\n\nSupreme Court Rules 1987 91\non the claim against a defendant in accordance with rule 21.01\nor 21.02, the Court may give judgment for the plaintiff on the\nstatement of claim.\n(2) An application for judgment under subrule (1) may be made without\nnotice to the defendant.\n21.05 Proceeding continued against other defendants\nA plaintiff who enters or obtains judgment against a defendant in\naccordance with this Order may enforce the judgment and continue\nthe proceeding against another defendant but, in a proceeding for\nthe recovery of land against more than one defendant, a judgment\nfor possession of the land shall not be enforced against a defendant\nunless judgment for possession has been entered or given against\nall the defendants.\n21.06 Default of defence to counterclaim\nWhere a defendant serves a counterclaim, rule 21.02 applies as if\nthe defendant were the plaintiff, the defence were the defence to\nthe counterclaim and the plaintiff were the defendant.\n21.07 Setting aside judgment\nThe Court may set aside or vary a judgment entered or given in\naccordance with this Order.\n22.01 Summary judgment\n(1) The Court may give judgment for one party against another in\nrelation to the whole or any part of a proceeding if:\n(a) the first party is prosecuting the proceeding or that part of the\n(b) the Court is satisfied that the other party has no reasonable\nprospect of successfully defending the proceeding or that part\nof the proceeding.\n(2) The Court may give judgment for one party against another in\nrelation to the whole or any part of a proceeding if:\n(a) the first party is defending the proceeding or that part of the\n\nSupreme Court Rules 1987 92\n(b) the Court is satisfied that the other party has no reasonable\nprospect of successfully prosecuting the proceeding or that\npart of the proceeding.\n(3) For this rule, a defence of a proceeding or part of a proceeding\nneed not be hopeless or bound to fail for it to have no reasonable\nprospect of success.\n(4) The powers under this rule may be exercised at any stage in a\n(5) This rule does not limit any powers that the Court has apart from\nthis rule.\n22.03 Affidavit in support\n(1) An application for judgment shall be made by summons supported\nby an affidavit verifying the facts on which the claim or the part of\nthe claim to which the application relates is based and stating that,\nin the belief of the deponent, there is no defence to that claim or\npart or no defence except as to the amount claimed.\n(2) Where a statement in a document tends to establish a fact within\nsubrule (1) and at the trial of the proceeding the document would be\nadmissible by or under the Evidence (National Uniform Legislation)\nAct 2011, the Evidence Act 1939 or any other Act to verify the fact,\nthe affidavit under subrule (1) may set forth the statement.\n(3) An affidavit under subrule (1) may contain a statement of fact based\non information and belief if the grounds are set out and, having\nregard to all the circumstances, the Court considers that the\nstatement ought to be permitted.\n(4) The applicant must serve the summons and a copy of the affidavit\nor affidavits in support and of any exhibit referred to in it on the\nrespondent not later than 7 days before the day for hearing named\nin the summons.\n22.04 Respondent to show cause\n(1) The respondent may, by affidavit or otherwise to the satisfaction of\nthe Court, show cause against the application.\n(2) An affidavit under subrule (1) may contain a statement of fact based\non information and belief if the grounds are set out.\n(3) Unless the Court otherwise orders, the respondent must serve a\ncopy of an affidavit and of an exhibit referred to in the affidavit on\nthe applicant not later than 3 days before the day for the hearing\nnamed in the summons.\n\nSupreme Court Rules 1987 93\n22.05 Affidavit in reply\nIf the respondent serves an affidavit under rule 22.04, the Court\nmay, by order, allow the applicant to rely on an affidavit in reply.\n22.06 Hearing of application\n(1) On the hearing of the application the Court may:\n(a) dismiss the application;\n(b) give such judgment for the applicant against the respondent\non the claim or the part of the claim to which the application\nrelates as is appropriate having regard to the nature of the\nrelief or remedy claimed, unless the respondent satisfies the\nCourt that in respect of that claim or part a question ought to\nbe tried or that there ought for some other reason be a trial of\nthat claim or part;\n(c) give the respondent leave to defend with respect to the claim\nor the part of the claim to which the application relates either\nunconditionally or on terms as to giving security, paying\nmoney into court, time, the mode of trial or otherwise; or\n(d) with the consent of all parties, and notwithstanding\nrule 77.03(1), dispose of the proceeding finally in a summary\nmanner.\n(2) The Court may stay the execution of a judgment given under\nsubrule (1)(b) until after the trial of a counterclaim made by the\nrespondent in the proceeding.\n22.07 Cross-examination on affidavit\n(1) The Court may order a party or the maker of an affidavit to attend\nand be examined and cross-examined or to produce any papers,\nbooks or documents, or copies of or extracts from them.\n(2) Where a party is a corporation, the Court may make an order under\nsubrule (1) in respect of a director, manager, secretary or other\nsimilar officer of the corporation or a person purporting to act in\nsuch capacity.\n22.09 Assessment of damages\nWhere judgment is given under this Order for damages or the value\nof goods to be assessed, the assessment shall be made in\naccordance with Order 51.\n\nOrder 23 Summary stay or dismissal of claim and striking out pleading\nSupreme Court Rules 1987 94\n22.10 Judgment where debt amount unascertained\nWhere on an application under this Order for judgment on a claim\nfor a debt the amount is not established to the satisfaction of the\nCourt, and where if the amount were established the Court would\ngive judgment on the claim, the Court may make a declaration as to\nliability for the debt and order that its amount be ascertained in such\nmanner as it directs, and give leave to enter judgment for the debt\nonce the amount is ascertained.\n22.15 Setting aside judgment\nThe Court may set aside or vary a judgment given against a party\nwho does not attend on the hearing of an application under\nrule 22.01.\nOrder 23 Summary stay or dismissal of claim and\nstriking out pleading\n23.01 Stay or judgment in proceeding\n(1) Where a proceeding generally or a claim in a proceeding:\n(b) is scandalous, frivolous or vexatious; or\n(c) is an abuse of the process of the Court;\nthe Court may stay the proceeding generally or in relation to a claim\nor give judgment in the proceeding generally or in relation to a\nclaim.\n(2) Where the defence to a claim in a proceeding:\n(b) is scandalous, frivolous or vexatious; or\n(c) is an abuse of the process of the Court;\nthe Court may give judgment in the proceeding generally or in\nrelation to the claim.\n(3) In this Rule a claim in a proceeding includes a claim by\ncounterclaim and a claim by third party notice and a defence\nincludes a defence to a counterclaim and a defence to a claim by\nthird party notice.\n\nOrder 24 Judgment on failure to prosecute or obey order for particulars or discovery\nSupreme Court Rules 1987 95\n23.02 Striking out pleading\nWhere an endorsement of claim on a writ or originating motion or a\npleading or a part of an endorsement of claim or pleading:\n(a) does not disclose a cause of action or defence;\n(b) is scandalous, frivolous or vexatious;\n(c) may prejudice, embarrass or delay the fair trial of the\n(d) is otherwise an abuse of the process of the Court,\nthe Court may order that the whole or part of the endorsement or\npleading be struck out or amended.\n23.04 Affidavit evidence\n(1) On an application under rule 23.01 evidence shall be admissible for\na party by affidavit or, if the Court thinks fit, orally.\n(2) On an application under rule 23.02 no evidence shall be admissible\non the question whether an endorsement of claim or pleading\noffends against that rule.\n(3) Rule 22.07 applies to an affidavit under subrule (1).\n23.05 Declaratory judgment\nNo proceeding is open to objection on the ground that only a\ndeclaratory judgment or order is sought in the proceeding, and the\nCourt may make binding declarations of right whether or not a\nconsequential relief is or could be claimed.\nOrder 24 Judgment on failure to prosecute or obey order\nfor particulars or discovery\n24.01 Want of prosecution\nWhere the plaintiff, being required to serve a statement of claim,\nfails to do so within the time limited, the Court may order that the\nproceeding be dismissed for want of prosecution.\n\nOrder 24 Judgment on failure to prosecute or obey order for particulars or discovery\nSupreme Court Rules 1987 96\n24.02 Failure to obey order\n(1) Where a party fails to comply with an order to give particulars of a\npleading or with an order for the discovery or inspection of\ndocuments or for answers to interrogatories, the Court may order:\n(a) where the party is the plaintiff – that the proceeding be\ndismissed; or\n(b) where the party is a defendant – that his defence, if any, be\nstruck out.\n(2) A defendant whose defence is struck out in accordance with\nsubrule (1)(b) shall, for the purpose of rule 21.02(1), be taken to be\na defendant who, being required to serve a defence, does not do so\nwithin the time limited for that purpose.\n24.03 Stay on non-payment of costs\nWhere a proceeding is dismissed for want of prosecution and the\nplaintiff is liable to pay the costs of the defendant of the proceeding\nand the plaintiff, before paying those costs, commences another\nproceeding for the same or substantially the same cause of action,\nthe Court may by order stay the proceeding until those costs are\npaid.\n24.04 Counterclaim and third party claim\nand to a claim by a third party notice as if the counterclaim or the\nthird party claim were a proceeding.\n24.05 Inherent jurisdiction\nNothing in this Order affects the inherent power of the Court:\n(a) to dismiss a proceeding for want of prosecution; or\n(b) to order that, on the failure of a party:\n(i) to do an act or take a step which, under these Rules, he\nis required to do or take; or\n(ii) to comply with an order that he do such an act or take\nsuch a step,\nthe proceeding be dismissed or the defence struck out and\nthat judgment be entered or there be judgment accordingly.\n\nSupreme Court Rules 1987 97\n24.06 Setting aside judgment\nThe Court may set aside or vary:\n(a) an order that a proceeding be dismissed for want of\nprosecution; or\n(b) a judgment entered or given on the failure of a party to do an\nact or take a step which under this Chapter the party is\nrequired to do or take or to comply with an order that he do\nsuch an act or take such a step.\n25.01A Application of order\nThis Order applies subject to rule 97.02.\n25.01 Withdrawal of appearance\nA party who has filed an appearance in a proceeding may withdraw\nthe appearance at any time with the leave of the Court.\n25.02 Discontinuance or withdrawal of proceeding or claim\n(1) This Rule applies only to a proceeding commenced by writ.\n(2) A plaintiff may discontinue a proceeding or withdraw a part of it:\n(a) before the close of pleadings; or\n(3) A defendant may discontinue a counterclaim or withdraw a part of\nit:\n(a) before the close of pleadings; or\nother parties to the counterclaim.\n(4) At any time the plaintiff may withdraw a defence to a counterclaim\nor a part of it and a defendant may withdraw his defence or a part of\nit.\n(5) Subrule (5) does not enable a party to withdraw an admission, or\nany other matter operating for the benefit of another party, without\nthe consent of that party or the leave of the Court.\n\nSupreme Court Rules 1987 98\n(6) A defendant who has joined a third party may discontinue the claim\nmade against the third party by the third party notice, or withdraw a\npart of the claim, at any time by leave of the Court or with the\nconsent of the third party.\n25.03 Proceeding not commenced by writ\nA proceeding not commenced by writ may be discontinued, and a\npart of a proceeding not commenced by writ may be withdrawn, at\nany time by leave of the Court or with the consent of all other\nparties.\n25.04 Notice of discontinuance or withdrawal\n(1) A discontinuance or withdrawal under rule 25.02 without the leave\nof the Court shall be made by filing a notice stating the extent of the\ndiscontinuance or withdrawal.\n(2) When the discontinuance or withdrawal is with the consent of other\nparties, the notice under subrule (1) shall be endorsed with the\nconsent of each party who consents.\n(3) On the day the notice is filed or the next working day a copy shall\nbe served on each other party.\n25.05 Costs\nWhere a proceeding, counterclaim or claim by a third party notice is\ndiscontinued, or where part of a proceeding, counterclaim or a third\nparty notice is withdrawn, liability for costs shall be determined in\naccordance with the relevant rules relating to costs.\n25.06 Discontinuance or withdrawal no defence\nThe discontinuance of a proceeding, counterclaim or claim by a\nthird party notice, or the withdrawal of a part of a proceeding,\ncounterclaim or claim by a third party notice, shall not be a defence\nto a subsequent proceeding for the same, or substantially the\nsame, cause of action, unless the Court otherwise provides by an\norder granting leave to discontinue or withdraw.\n25.07 Stay on non-payment of costs\nWhere by reason of a discontinuance or a withdrawal under this\nOrder a party is liable to pay the costs of another party and the\nparty, before paying those costs, commences another proceeding\nfor the same, or substantially the same, cause of action, the Court\nmay, by order, stay the proceeding until those costs are paid.\n\nSupreme Court Rules 1987 99\n26.01 Definitions\napplicant means a party claiming relief, other than a party claiming\nrelief in a cross-claim.\nclaim includes a counterclaim and a claim made in accordance with\nOrder 11.\nrespondent means a party against whom relief is claimed, other\nthan a party against whom relief is claimed in a cross-claim.\n26.02 Offers of compromise generally\n(1) A party (the offeror) may make an offer to compromise by serving\na notice on another party (the offeree) to settle some or all issues\n(2) The notice must:\n(a) be in writing and prepared in accordance with rules 27.02,\n27.03 and 27.04; and\n(b) state whether:\n(i) the offer is inclusive of costs; or\n(ii) costs are in addition to the offer.\n(3) If the offer is of a sum of money, the notice may separately specify\nthe amount that represents:\n(a) the offer in respect to the claim; and\n(b) interest (if any).\n(4) Unless the notice specifies otherwise, an offer is taken to have\nbeen made without prejudice save as to costs.\n(5) An offer to pay a sum of money is, unless the notice provides\notherwise, taken to be an offer that the sum will be paid within\n28 days after acceptance.\n26.03 Timing of offer\n(1) An offer may be made at any time before judgment is given\n(including before proceedings have commenced).\n\nSupreme Court Rules 1987 100\n(2) A party may make more than one offer.\n(3) An offer may be limited in time for which it is open to be accepted,\nhowever the time for acceptance must be:\n(a) reasonable in the circumstances; and\n(b) in any case not less than 14 days after the offer is made.\n(4) An offer of compromise must not be withdrawn during the time it is\nopen to be accepted, unless the Court orders otherwise.\n26.04 No communication to Court of offer\n(1) A pleading or affidavit must not contain a statement that an offer\nhas been made.\n(2) No communication about the existence or terms of an offer made\nwithout prejudice is to be made to the Court until:\n(a) the offer is accepted; or\n(b) judgment is given; or\n(c) an application is made under rule 26.05.\n26.05 Failure to comply with offer\nIf, after acceptance of an offer by an offeree, an offeror fails to\ncomply with the offer's terms, the offeree may apply to the Court for\nan order:\n(a) giving effect to the accepted offer; or\n(b) staying or dismissing the proceeding if the applicant is in\ndefault; or\n(c) striking out the respondent's defence if the respondent is in\ndefault; or\n(d) that a cross-claim, not the subject of the offer, proceed.\n26.06 Multiple respondents\n(1) Rule 26.05 does not apply if:\n(a) 2 or more respondents are alleged to be jointly, or jointly and\nseverally, liable to the applicant for a debt or damages; and\n(b) rights of contribution or indemnity appear to exist between the\nrespondents.\n\nSupreme Court Rules 1987 101\n(2) However, rule 26.05 applies if:\n(a) for an offer made by the applicant – the offer:\n(i) is made to all respondents; and\n(ii) is an offer to compromise the claim against all of them;\nor\n(b) for an offer made to the applicant:\n(i) the offer is to compromise the claim against all\nrespondents; and\n(ii) if the offer is made by 2 or more respondents – those\nrespondents offer to be jointly, or jointly and severally,\nliable to the applicant for the whole amount of the offer.\n26.07 Costs where offer not accepted\nIf an offer is made by an offeror but not accepted within a\nreasonable time by an offeree and the offeror obtains judgment\nagainst the offeree more favourable to the offeror than the terms of\nthe offer, the Court shall take this into account when considering:\n26.08 Taxation of costs where offer accepted\nIf an offer does not include the offeree's costs of the proceeding\nand the offeree accepts the offer, the offeree may tax costs on a\nstandard basis against the offeror up to and including 14 days after\nthe offer was made.\n26.09 Contributor parties\n(1) If 2 or more parties (the contributor parties) may be held liable to\ncontribute towards an amount of debt or damages that may be\nrecovered from the contributor parties, any of those contributor\nparties, without prejudice to that contributor party's defence, may\nmake an offer to another contributor party to contribute, to a\nspecified extent, to the amount of the debt or damages.\n(2) If an offer is made by a contributor party (the first contributor\nparty) and not accepted by another contributor party, and the first\ncontributor party obtains a judgment against the other contributor\nparty more favourable than the terms of the offer, the Court shall\n\nSupreme Court Rules 1987 102\ntake this into account when considering:\n27.01 Conformity with Rules\nExcept to the extent that the nature of the document renders\ncompliance impracticable, a document prepared by a party for use\nin the Court shall be prepared in accordance with this Chapter.\n27.02 Content of document\n(1) A document shall be headed \"In the Supreme Court of the Northern\nTerritory of Australia at\", stating in which Registry of the Court the\nproceeding commenced, and shall show an identifying number\nassigned by the Court to the proceeding.\n(2) Where a proceeding is commenced by originating motion and the\nclaim of the plaintiff arises under an Act, the heading of a document\nshall also state \"In the matter of\", identifying the specific provision\nrelied on.\n(3) A document in a proceeding between parties shall be entitled\nbetween the parties, naming them.\n(4) Except where otherwise provided by this Chapter, a document in a\nproceeding in which there is no defendant shall be entitled \"The\napplication of\", naming the plaintiff.\n(5) Notwithstanding subrules (3) and (4), except in the case of\noriginating process, a judgment authenticated in accordance with\norder 60 or process of execution, it shall be sufficient where there is\nmore than one plaintiff to state the full name of the first plaintiff\nfollowed by the words \"and another\" or \"and others\", and similarly\nwith respect to defendants.\n27.03 Form of document\n(1) A document shall be of durable white paper 297 millimetres by\n210 millimetres, the size known as International Paper Size A4, and\nbe capable of receiving writing in ink.\n\nSupreme Court Rules 1987 103\n(2) Except in the case of a form published by the authority of the Law\nSociety Northern Territory, one side only of the paper shall be used,\nwith double spacing between the lines and a left-hand margin of not\nless than 40 millimetres.\n(3) The text of a document shall be printed or typewritten and shall be\nclear, sharp, legible and permanent.\n(4) A document shall not bear an erasure or alteration that causes\nmaterial disfigurement.\n(5) A document shall be endorsed on a backsheet or on the back of the\nlast sheet with the title of the proceeding and an identifying number,\na short description of the document and the name and address and\ntelephone number of the solicitor preparing it or, where the party\nacts without a solicitor, the name and address and telephone\nnumber of the party.\n(6) The Court may require a document in a proceeding to be prepared\nin any manner it thinks fit.\n(7) A document which is required to be signed before filing shall be\nsigned by the party or by the party's solicitor in his own name and\nnot in the name of his firm, or by counsel.\n27.04 Numbers\nDates, amounts and other numbers shall be expressed in figures\nand not in words, except for months which may be expressed by\nwords.\n27.05 Copies on request\n(1) A party who prepares a document for use in the Court shall, at the\nrequest of another party entitled to a copy of the document, supply\nthat other party with a copy of the document.\n(2) A person against whom an order is made without notice shall be\nentitled to a copy of a document used in support of the application\nfor the order.\n(3) Unless the Court otherwise directs, whenever a party files a\ndocument other than a document relating to an ex parte application,\nthat party shall on that or the next working day serve a copy of the\ndocument on every other party to the proceeding who then has an\naddress for service.\n\nSupreme Court Rules 1987 104\n27.06 Proper officer refusing to seal or accept document\n(1) The Proper Officer may refuse to seal an originating process\nwithout the direction of the Court where he considers that the form\nor contents of the document show that were the document to be\nsealed the proceeding so commenced would be irregular or an\nabuse of the process of the Court.\n(2) Where a document for use in the Court is not prepared in\naccordance with this Chapter or an order of the Court:\n(a) the Proper Officer may refuse to accept it for filing without the\ndirection of the Court; or\n(b) the Court may order that the party responsible shall not be\nentitled to rely on it in any manner in the proceeding until a\ndocument which is duly prepared is made available.\n(3) The Court may direct the Proper Officer to seal an originating\nprocess or accept a document for filing.\n27.07 Scandalous matter\nWhere a document for use in the Court contains scandalous,\nirrelevant or otherwise oppressive matter, the Court may order:\n(a) that the matter be struck out; or\n(b) if the document has been filed, that it be taken off the file.\n28.01 How document is filed\nA document in a proceeding is filed by filing it:\n(a) in the Registry where the proceeding commenced; or\n(b) with the Proper Officer in Court.\n28.02 Place of filing\n(1) In respect of a proceeding for trial in Darwin, documents shall be\npresented in the Registry at Darwin for filing.\n(2) In respect of a proceeding for trial in Alice Springs, documents shall\nbe presented in the Registry at Alice Springs for filing.\n(3) A document received in a registry for filing is not filed until it is\naccepted by a Proper Officer.\n\nSupreme Court Rules 1987 105\n(4) Notwithstanding subrules (1) and (2), where an urgent application is\nmade in a proceeding, a document may be filed in connection with\nthat application at the Registry at the place where the application is\n28.03 Date of filing\nThe Registrar or Proper Officer, as the case requires, shall endorse\nthe date and time of filing on every document filed.\n28.04 Seal of Court\n(1) An Associate Judge, a Registrar, the Sheriff and a Proper Officer\nshall each have in his custody a stamp of a design approved by the\nChief Justice.\n(2) A Registrar, a Deputy Sheriff and a Proper Officer at Alice Springs\nRegistry shall have in their custody a stamp of a design approved\nby the Chief Justice with or without the additional words \"Alice\nSprings Registry\".\n(3) Marking of a document or a copy of a document with the Seal of the\nSupreme Court of the Northern Territory of Australia or with a\nStamp of a design approved by the Chief Justice is sufficient\ncompliance with a requirement of this Chapter or an order of the\nCourt that the document or a copy be sealed with the Seal of the\n28.05 Inspection of documents\n(1) When the Registry of the Court is open, a person may, on payment\nof the proper fee, inspect and obtain a copy of a document filed in a\n(2) Notwithstanding subrule (1):\n(a) no person may inspect or obtain a copy of a document which\nthe Court has ordered remain confidential; and\n(b) a person not a party may not without leave of the Court\ninspect or obtain a copy of a document which in the opinion of\na Registrar ought to remain confidential to the parties.\n\nSupreme Court Rules 1987 106\n29.01 Application and definition\n(1) Except where it otherwise provides, this Order applies only to a\nproceeding commenced by writ and to a proceeding in respect of\nwhich an order has been made under rule 4.07.\n(2) In this Order possession means possession, custody or power.\n29.02 Discovery\n(1) When the pleadings between the parties to a proceeding have\nclosed, there is to be discovery by the parties of all documents that\nare or have been in their possession relating to a question raised by\nthe pleadings.\n(2) Nothing in this Order is to be taken to prevent the parties from\nagreeing to dispense with or limit the discovery of documents that,\nbut for the agreement, they would be required to make to each\nother.\n(3) Except where a pleading contains allegations of a kind referred to in\nrule 13.10(3), unless the Court orders otherwise, a party is not\nrequired to discover a document that is relevant only because it\nmay lead to a train of enquiry.\n29.03 List of documents\n(1) Subject to this rule, the parties to a proceeding between whom\npleadings are closed shall make discovery by exchanging lists of\n(2) In compliance with subrule (1), each party shall, within 21 days after\nthe pleadings are closed as between him and any other party or\nwithin such other time as the Court allows, make and deliver to that\nother party a list of the documents which are or have been in his\npossession relating to a matter in question between them in the\n(3) Without prejudice to any directions given by the Court under\nrule 11.13, this subrule does not apply in a third party proceeding,\nincluding a proceeding under Order 11 involving fourth or\nsubsequent parties.\n(4) Subrule (2) also applies to and in relation to a counterclaim.\n(5) A party to whom discovery of documents is required to be made\nunder this rule may serve on the party required to make discovery a\nnotice requiring him to make an affidavit verifying the list he is\n\nSupreme Court Rules 1987 107\nrequired to make under subrule (1).\n(6) A party on whom a notice under subrule (5) is served shall, within\n14 days after service of the notice, make and file an affidavit in\ncompliance with the notice and deliver a copy of the affidavit to the\nparty by whom the notice was served.\n(7) A copy of every list of documents or affidavit of documents\nexchanged or served pursuant to this rule shall be filed within\n7 days after the day on which it was exchanged or served, as the\ncase may be.\n29.04 Form of list of documents\nA list of documents for the purpose of rule 29.03(1) shall be in\nForm 29A and shall:\n(a) identify the documents which are or have been in the\npossession of the party making the list;\n(b) enumerate the documents in convenient order and describe\neach document or, in the case of a group of documents of the\nsame nature, describe the group, sufficiently to enable the\ndocument or group to be identified;\n(c) distinguish those documents which are in the possession of\nthe party making the list from those that have been but are no\nlonger in his possession and shall, as to a document which\nhas been but is no longer in the possession of the party, state\nwhen he parted with the document and his belief as to what\nhas become of it; and\n(d) where the party making the list claims that a document in his\npossession is privileged from production, state sufficiently the\ngrounds of the privilege.\n29.05 Order limiting discovery\nIn order to prevent unnecessary discovery the Court may, before or\nafter a party is required to make discovery by virtue of rule 29.02,\norder that discovery by a party shall not be required or shall be\nlimited to such documents or classes of document, or to such of the\nquestions in the proceeding, as are specified in the order.\n\nSupreme Court Rules 1987 108\n29.06 Co-defendants and third party\n(1) A defendant who has pleaded is entitled to obtain from the party\nmaking discovery a copy of a list or, where an affidavit verifying a\nlist has been served, an affidavit served:\n(a) on the plaintiff by another defendant to the proceeding; or\n(b) on the plaintiff by that defendant.\n(2) Where the defendant has served a counterclaim joining another\nperson with the plaintiff as defendant to the counterclaim in\naccordance with rule 10.03, subrule (1), with the necessary\nchanges, applies as if the defendant were the plaintiff and the\nplaintiff and the other person were the defendants.\n(3) A third party who has pleaded is entitled to obtain from the party\nmaking discovery a copy of a list exchanged or, where an affidavit\nverifying a list has been served, an affidavit served, in accordance\nwith this Order:\n(a) by the plaintiff on the defendant by whom he was joined; or\n(b) on the plaintiff by that defendant.\n(4) A party required by this rule to supply a copy of a list of documents\nor an affidavit verifying such a list shall supply it free of charge on a\nwritten request of the party entitled to it.\n29.07 Order for discovery\n(1) Notwithstanding that the pleadings between parties are not closed,\nthe Court may order that any of those parties make discovery of\ndocuments to any other of those parties.\n(2) In a proceeding:\n(a) commenced by writ; or\n(b) in respect of which an order under rule 4.07 has been made,\nthe Court may at any stage order a party to make discovery of\n(3) An order under subrules (1) or (2) may be limited to such\ndocuments or classes of document, or to such questions in the\nproceeding, as the Court thinks fit.\n\nSupreme Court Rules 1987 109\n29.08 Order for particular discovery\n(1A) This rule applies to all proceedings in the Court.\n(1) Where at any stage of a proceeding, it appears to the Court from\nevidence or from the nature or circumstances of the case, or from a\ndocument filed in the proceeding, that there are grounds for a belief\nthat a document or class of documents relating to a question in the\nproceeding may be or may have been in the possession of a party,\nthe Court may order that party to make and serve on any other\nparty an affidavit stating whether the document or any and if so\nwhat document or documents of that class is or has been in his\npossession and, if it has been but is no longer in his possession,\nwhen he parted with it and his belief as to what has become of it.\n(2) An order may be made against a party under subrule (1)\nnotwithstanding that he has already made or been required to make\na list of documents or an affidavit verifying such a list.\n29.09 Inspection of documents referred to in list of documents or\naffidavit\n(1) A party:\n(a) on whom, under rule 29.03 or 29.07, a list or affidavit of\ndocuments is served;\n(b) on whom, under rule 29.08 an affidavit of documents is\nserved; or\n(c) to whom, under rule 29.06, a list or affidavit of documents is\nsupplied,\nmay, by notice to produce in Form 29B served on the party making\nthe list or affidavit, require the party to produce the documents in\nhis possession referred to in the list or affidavit (other than a\ndocument which he objects to produce) for inspection.\n(2) A party on whom a notice to produce is served in accordance with\nsubrule (1) shall, within 7 days after that service, serve on the party\nrequiring production a notice appointing a time within 7 days after\nservice of the notice under this subrule when, and a place where,\nthe documents may be inspected.\n(3) The place for inspection under subrule (2) must be within\n30 kilometres of the Registry in which the originating process is\nfiled, unless it is otherwise agreed by the parties or the Court\n\nSupreme Court Rules 1987 110\n(4) A party to whom documents are produced for inspection under this\nrule may take copies of the documents.\n(5) For the purpose of subrule (4), taking a copy of a document\nincludes photocopying the document and, if the party to whom a\ndocument is produced states that he wishes to have it photocopied,\nthe party producing the document shall at his option either allow the\nother party to photocopy the document at such place as the parties\nagree or supply the other party with a photocopy of the document.\n(6) Unless the Court otherwise orders, the cost of a photocopy of a\ndocument supplied to a party in accordance with subrule (5) shall:\n(a) be borne by that party in the first instance and be ultimately a\ncost in the proceeding; and\n(b) be in the amount allowed in the Scale of Costs for copy\n29.10 Inspection of documents referred to in pleadings and affidavits\n(1) This Rule applies to all proceedings.\n(2) Where in the originating process filed by a party, or in a pleading, in\ninterrogatories or answers, in an affidavit or in a notice filed by a\nparty, reference is made to a document, another party may, by\nnotice to produce served on that party, require him to produce the\ndocument for inspection.\n(3) Except as provided by subrule (4), rule 29.09, with the necessary\nchanges, applies to the production and inspection of a document\n(4) A party on whom a notice to produce is served under subrule (2) is\nnot required to produce a document for inspection where:\n(a) he claims that the document is privileged from production and\nhe makes and serves on the other party an affidavit in which\nhe makes that claim and states sufficiently the grounds of the\nprivilege; or\n(b) the document is not in his possession and he makes and\nserves on the other party an affidavit in which he states that\nfact and states to the best of his knowledge, information and\nbelief where the document is and in whose possession it is\nand, where the document has been but is no longer in his\npossession, when he parted with it and his belief as to what\nhas become of it.\n(5) A notice to produce under subrule (2) shall be in Form 29B.\n\nSupreme Court Rules 1987 111\n29.11 Order for discovery\nWhere a party:\n(a) fails to make discovery of documents in accordance with\nrules 29.03 and 29.04;\n(b) fails to serve a notice appointing a time for inspection of\ndocuments as required by rule 29.09 or 29.10;\n(c) objects to produce a document for inspection;\n(d) offers inspection unreasonable as to time or place; or\n(e) objects to allow a document to be photocopied or to supply a\nphotocopy of the document,\nthe Court may order the party to do such act as the case requires.\n29.12 Direction as to documents\n(1) Where a party is entitled under this Order to inspect a document\nwhich consists of:\n(a) a device such as video tape, audio tape, disc, film or other\nmeans of recording, the Court may give directions for the\nscreening or playing of that device and for the making by or\nsupply to the party of a transcript of the recording (in so far as\nit can be transcribed) or a copy of the recording; or\n(b) information which has been processed by or is stored in a\ncomputer, the Court may give directions for making the\ninformation available.\n(2) On an application under subrule (1) the Court may make an order\nfor the costs and expenses of the party against whom an order\ngiving directions is sought.\n(3) The Court may make an order giving directions on condition that\nthe party applying give security for the costs and expenses of the\nparty against whom the order is made.\n29.13 Inspection of document by Court\nWhere an application is made for an order under rule 29.11 and a\nclaim is made that the document is privileged from production or\nobjection to production is made on any other ground, the Court may\ninspect the document for the purpose of deciding the validity of the\nclaim or objection.\n\nSupreme Court Rules 1987 112\n29.14 Default on discovery\n(1) Without limiting Rule 24.02, a party who within the time limited does\nnot comply with an order under rule 29.08(2) or 29.11, or an order\nunder rule 29.12(1) giving directions, is liable to committal.\n(2) Service on the solicitor for a party of an order for discovery or\nproduction of documents made against that party is sufficient\nservice to found an application for committal of the party disobeying\nthe order, but the party may show in answer to the application that\nhe had no notice or knowledge of the order.\n(3) A solicitor on whom such an order made against his client is served\nand who fails without reasonable excuse to give notice of the order\nto his client is liable to committal.\n29.15 Copy list or affidavit to be filed\nA copy of a list of documents or affidavit of documents served or\nexchanged pursuant to this Order shall be filed within 7 days after\nthe day on which it is served or exchanged, as the case may be.\n29.16 Discovery a continuing obligation\nA party who has made discovery is under a continuing obligation to\nmake discovery of documents with respect to documents which the\nparty obtains after discovery has been made.\n30.01 Definitions\ninterrogating party means a party who serves interrogatories.\nparty interrogated means a party on whom interrogatories are\nservant or agent, in relation to a corporation, includes officer and\nmember.\n30.02 Service of interrogatories\nA party may serve interrogatories on another party relating to a\nquestion between them in the proceeding only with leave of the\n\nSupreme Court Rules 1987 113\n30.03 Statement as to who to answer\nWhere interrogatories are to be answered by 2 or more parties, the\ninterrogating party shall state in the document containing the\ninterrogatories which of them each party is required to answer.\n30.04 Filing interrogatories and time for answers\nWhere interrogatories are served:\n(a) the interrogating party shall without delay file a copy; and\n(b) the party interrogated shall, within 28 days after service,\nanswer by affidavit, file it and serve a copy on the interrogating\n30.05 Source for answers to interrogatories\n(1) A party interrogated shall answer each interrogatory, insofar as it is\nnot objectionable, in accordance with the following:\n(a) the party shall answer from his own knowledge of the fact or\nmatter which is enquired after by the interrogatory and, if he\nhas no such knowledge, from a belief he has as to the fact or\nmatter;\n(b) a party who has no knowledge of the fact or matter inquired\nafter shall be taken not to have a belief as to the fact or matter\nwhere he has no information relating to it on which to form a\nbelief or where, if he has such information, for reasonable\ncause he has no belief that the information is true;\n(c) except as provided by paragraph (d), the party shall answer\nfrom a belief he has as to the fact or matter inquired after\nirrespective of the source of the information on which the\nbelief is formed;\n(d) the party shall not be required to answer from his belief as to a\nfact or matter where the belief is formed on information that\nwas given to him in a communication the contents of which he\ncould not, on the ground of privilege, be compelled to disclose;\n(e) where the party has no knowledge himself of the fact or matter\ninquired after, he shall, for the purpose of enabling himself to\nform a belief as to the fact or matter (so far as he can), make\nall reasonable enquiries to determine:\n(i) whether a person has knowledge of the fact or matter\nwhich was acquired by that person in the capacity of his\nservant or agent; and\n\nSupreme Court Rules 1987 114\n(ii) if that is the case, what that knowledge is;\n(f) the party shall make the inquiries referred to in paragraph (e)\nnotwithstanding that at the time he is required to answer the\ninterrogatory a person having the relevant knowledge has\nceased to be his servant or agent; and\n(g) where the party is a corporation, this rule with the necessary\nchanges, applies as if the person who answers the\ninterrogatories on behalf of the corporation were the party and,\nin particular, as if the reference in paragraph (e) to a servant\nor agent of the party were a reference to a servant or agent of\nthe corporation.\n(2) Where an interrogatory relates to a fact or matter alleged in the\npleading of the party interrogated, nothing in subrule (1)(d) affects\nthe right of the interrogating party to obtain information as to that\nfact or matter pursuant to an application of the kind referred to in\nrule 13.11.\n30.06 How interrogatories to be answered\n(1) A party interrogated shall answer each interrogatory specifically by\nanswering the substance of the interrogatory without evasion,\nexcept in so far as it is objectionable on any of the grounds referred\nto in rule 30.07.\n(2) Where the party objects to answer an interrogatory, he shall state\nbriefly the ground of objection and the facts, if any, on which it is\nbased.\n30.07 Ground of objection to answer\n(1) A party interrogated shall answer each interrogatory except to the\nextent that it may be objected to:\n(a) because it does not relate to a question between him and the\ninterrogating party;\n(b) because it is unclear or vague or is too wide;\n(c) because it is oppressive;\n(d) because it requires him to express an opinion which he is not\nqualified to give;\n(e) on the grounds of privilege; or\n(f) on any other ground on which objection may be taken.\n\nSupreme Court Rules 1987 115\n(2) Without limiting subrule (1)(a), an interrogatory that does not relate\nto a question includes an interrogatory the sole purpose of which is\nto:\n(a) impeach the credit of the party interrogated;\n(b) enable the interrogating party to ascertain whether he has a\nclaim or defence other than that which he has raised in the\n(c) enable the interrogating party to ascertain the evidence by\nwhich the party interrogated intends to prove his case,\nincluding the identity of witnesses.\n(3) A party may not object to answer an interrogatory on the ground\nthat he cannot answer without going to a place which is not his\nusual place of residence or business if the interrogating party\nundertakes to pay the reasonable cost of his going there, unless the\n30.08 Who to answer interrogatories\n(1) Interrogatories shall be answered:\n(a) where the party interrogated is:\n(i) a natural person – by the party;\n(ii) a person under a disability – by that person or his\nlitigation guardian, whichever is appropriate; or\n(iii) a corporation – by an officer of the corporation or by a\nperson duly authorized by it to answer; or\n(b) by such person as the Court directs.\n(2) The answers of a person made in accordance with a direction given\nunder subrule (1)(b) shall be as effective and binding in all respects\nas if made by the party interrogated.\n30.09 Failure to answer interrogatories\nWhere a party interrogated fails to answer the interrogatories within\nthe time limited or does not answer the interrogatories sufficiently,\nthe Court may order that he answer or answer further, as the case\nmay be, within such time as it directs.\n\nSupreme Court Rules 1987 116\n30.10 Non-compliance with order\n(1) Without limiting rule 24.02, a party who does not within the time\nlimited comply with an order made under rule 30.09 is liable to\ncommittal.\n(2) Service on the solicitor for a party of an order made against that\nparty under rule 30.09 is sufficient service to found an application\nfor committal of the party disobeying the order, but the party may\nshow in answer to the application that he had no notice or\nknowledge of the order.\n(3) A solicitor on whom such an order made against his client is served\nwho fails without reasonable excuse to give notice of the order to\nhis client is liable to committal.\n30.11 Answers as evidence\n(1) On an application in or at the trial of a proceeding, a party may\ntender as evidence:\n(a) one or more answers to interrogatories given by another party\nwithout tendering the other; or\n(b) part of an answer to an interrogatory without tendering the\nwhole of the answer.\n(2) On the tender of the whole or part of an answer to an interrogatory,\nthe Court may look at the whole of the answers and if any other\nanswer or any part of an answer is so connected with the matter\ntendered that the matter tendered ought not to be used without the\nother answer or part, the Court may reject the tender unless that\nother answer or part is also tendered.\n(3) Where the answer of a party interrogated is stated to be given on\nthe basis of belief and the answer is received into evidence, the\nJudge or the jury, as the case may be, shall give the answer such\nweight as the circumstances require.\n31.01 Definitions\nexaminer, in relation to an oral examination, means the examiner\nwho under this Order is presiding, or is to preside, over the\n\nSupreme Court Rules 1987 117\nexamining party means a party who orally examines, or is to orally\nexamine, another party under this Order.\nparty examined means a party orally examined, or to be orally\nexamined, by another party under this Order and, where the party\nexamined is a corporation, includes an officer of the corporation or\nother person examined or to be examined under rule 31.05(2).\n31.02 When is examination available\n(1) Where a party might, with the leave of the Court under rule 30.02,\nserve interrogatories on another party relating to a question\nbetween them in a proceeding, subject to this rule, the party may\ninstead orally examine the other party on oath in relation to the\nquestion.\n(2) A party must not orally examine another party unless:\n(a) the other party has consented in accordance with rule 31.03 to\nbeing examined; or\n(b) the Court has made an order under rule 31.03(9) requiring the\nother party to be examined.\n31.03 Application for and consent to examination\n(1) A party seeking to orally examine another party in accordance with\nthis Order must serve on that other party a request in writing that\nthe party served consent to be orally examined.\n(2) A notice under subrule (1) may nominate an examiner for the\npurpose of the examination.\n(3) A party served with a notice under subrule (1) may, by notice in\nwriting served on the party seeking the examination:\n(a) consent to be examined before the examiner nominated;\n(b) consent to be examined but not before the examiner\nnominated; or\n(c) refuse to be examined.\n(4) Where subrule (3)(b) applies, the party consenting to be examined\nmay state in the notice the name of an examiner before whom the\nparty consents to be examined.\n(5) Where subrule (4) applies, the party seeking the examination may,\nby notice in writing given to the party consenting to be examined,\nagree to the appointment of the examiner named in the notice\n\nSupreme Court Rules 1987 118\nunder subrule (4).\n(6) Where the parties do not agree on an examiner, the party sought to\nbe examined is to be taken to have refused to be examined.\n(7) Where:\n(a) the party sought to be examined has consented under\nsubrule (3)(a) or (b); and\n(b) in the case of consent under subrule (3)(b) – the party seeking\nthe examination has agreed to the appointment of an\nexaminer under subrule (5),\nthe party seeking the examination must file a Memorandum of\nAgreement that is to be one document consisting of a copy of each\nof the notices that together constitute the consent and (if applicable)\nthe agreement.\n(8) If a party:\n(a) refuses under subrule (3)(c) to be examined; or\n(b) is to be taken under subrule (6) to have refused to be\nexamined,\nthe party seeking the examination may apply to the Court for an\norder requiring the party to be orally examined in accordance with\nthis Order.\n(9) The Court may make an order requiring a party to be orally\nexamined if satisfied that:\n(a) the Court would have granted the party seeking the\nexamination leave to serve written interrogatories on the party;\nand\n(b) one or more of the following apply:\n(i) it is likely that an oral examination will be less costly to\nthe parties than preparing and answering written\ninterrogatories in relation to the question in respect of\nwhich the examination is sought;\n(ii) there is some other advantage to the parties that\nwarrants the making of the order;\n(iii) the party sought to be examined was taken to have\nrefused to be examined only by virtue of subrule (6).\n\nSupreme Court Rules 1987 119\n(10) If the parties cannot agree on an examiner, the Court may appoint a\nsuitably experienced legal practitioner to be the examiner.\n31.04 Effect of consent or order\n(1) Where, under rule 31.03, a party consents to being orally examined\nor the Court makes an order requiring a party to be orally\nexamined, the following apply:\n(a) the party is required to be orally examined in accordance with\nthis Order;\n(b) if the party fails to comply with an order of the Court to attend\nthe examination or fails to answer a question asked at the\nexamination, rule 24.02 applies (with the necessary changes)\nas if the failure were a failure of a kind referred to in that rule;\n(c) at the trial of the proceeding or on the hearing of an\napplication in the proceeding, the examining party may tender\nas evidence any of the answers given at the examination by\nthe party examined and rule 30.11 applies (with the necessary\nchanges) as if those answers were answers to written\ninterrogatories served by the examining party.\n31.05 Examination of corporations\n(1) A corporation may be orally examined under this Order.\n(2) Where the party examined is a corporation:\n(a) one of the following persons may be examined:\n(i) an officer of the corporation;\n(ii) if the party examined and the examining party agree – a\nperson who is not an officer of the corporation; and\n(b) an answer given by the officer or other person is to be taken to\nbe the answer of the corporation.\n(3) Unless the party examined and the examining party agree\notherwise or the Court orders otherwise, nothing in subrule (2)\nauthorises the examination of more than one person.\n\nSupreme Court Rules 1987 120\n31.06 Examiner\n(1) An examination is to be held before an examiner:\n(a) in respect of whom there has been consent under\nrule 31.03(3)(a) or agreement under rule 31.03(5) or who has\nbeen appointed by the Court under rule 31.03(10); and\n(b) who consents to being appointed.\n(2) The consent of the examiner is to be in writing and filed.\n31.07 Attendance on examination\n(1) The time and place of the examination is to be determined by the\nexaminer.\n(2) The party examined must attend to be examined by the examining\n(3) Counsel and the solicitor for each party may attend the\n(4) If the party examined fails to attend the examination, the Court may\norder that the party attend to be examined in accordance with this\nOrder at the time and place the Court directs.\n31.08 Powers of examiner\nThe examiner:\n(a) may, for the purpose of the examination, administer an oath;\nand\n(b) may adjourn the examination from time to time and from place\nto place.\n31.09 Record of examination\n(1) A deposition of the examination of the party examined is to be\n(2) Where objection is taken to a question, proceedings before the\nexaminer with respect to the objection are to be recorded in the\ndeposition.\n(3) The deposition is to be authenticated by the signature of the\nexaminer and, without delay after signing the deposition, the\nexaminer must give notice in writing of the authentication to the\nparty examined and the examining party.\n\nSupreme Court Rules 1987 121\n31.10 How party to be examined\n(1) At the examination, the party examined may be questioned by or on\nbehalf of the examining party but no questions may be asked of the\nparty examined by that party's own counsel or solicitor.\n(2) The examination is to be in the nature of an examination in chief of\nthe party examined by the examining party.\n(3) Subject to subrule (4), the party examined must answer each\nquestion asked of the party.\n(4) The party examined may object to a question as if it were a written\ninterrogatory and rule 30.07 applies (with the necessary changes)\naccordingly.\n(5) The party examined is not required to answer a question to which\nthe party objects unless the Court orders otherwise.\n(6) Where the party examined answers a question, rules 30.05\nand 30.06(1) apply (with the necessary changes) as if the answer to\nthe question were the answer to a written interrogatory.\n(7) A question may be answered by counsel or the solicitor for the\nparty examined and the answer is to be taken to be the answer of\nthe party.\n(8) Where rule 30.05(1)(e) applies, the examiner may adjourn the\nexamination to enable the party examined to conduct the enquiries\nreferred to in that rule.\n31.11 Order to answer question\n(1) Where the party examined objects to a question under\nrule 31.10(4), the examining party may apply by summons to an\nAssociate Judge for an order that the party examined is required to\nanswer the question.\n(2) The application is to identify each question to which it relates.\n(3) The Associate Judge may order that the party examined is required\nto answer a question to which the application relates.\n(4) If an order is made under subrule (3), unless the Associate Judge\norders otherwise, the party examined must answer the question\nbefore the examiner and the Associate Judge may direct that the\nexamining party be at liberty to ask further questions of the party\nexamined as the case requires.\n\nSupreme Court Rules 1987 122\n(5) The Associate Judge may order that the party examined answer the\nquestion in writing and may direct whether that written answer is to\nbe given on oath.\n31.12 Costs of examination\n(1) Subject to this Order, as between the parties, the costs of and\nincidental to attending an oral examination are to be costs in the\nproceeding unless the Court orders otherwise.\n(2) The party seeking the examination must pay the costs of the\nexaminer in the first instance.\n(3) The Court may fix the examiner's costs and, on the application of a\nparty or the examiner, may order that those costs be paid in\naccordance with subrule (2).\nOrder 32 Preliminary discovery and discovery from\nnon-party\n32.01 Definitions\napplicant means applicant for an order under this Order.\ndescription includes the name, place of residence, place of\nbusiness, occupation and sex of the person against whom the\napplicant desires to bring a proceeding and whether that person is\nan individual or a corporation.\npossession means possession, custody or power.\n32.02 Privilege\nAn order made under this Order does not operate to require the\nperson against whom the order is made to produce a document\nwhich, on the ground of privilege, he could not be required to\nproduce:\n(a) in the case of an order under rule 32.03 or 32.05 – if the\napplicant had commenced a proceeding against him;\n(b) in the case of an order under rule 32.04 or 32.06 – if the\napplicant had made him a party to the proceeding; or\n(c) in the case of an order under rule 32.07 – if he had been\nserved with a subpoena for production of the document at the\ntrial of the proceeding.\n\nSupreme Court Rules 1987 123\n32.03 Discovery to identify a defendant\n(1) Where an applicant, having made reasonable inquiries, is unable to\nascertain the description of a person sufficiently for the purpose of\ncommencing a proceeding in the Court against that person (in this\nrule called the person concerned) and it appears that a person\nhas or is likely to have knowledge of facts, or has or is likely to have\nor has had or is likely to have had in his possession a document or\nthing, tending to assist in the ascertainment of the description, the\nCourt may order that the person, and in the case of a corporation,\nthe corporation by an appropriate officer, shall:\n(a) attend before the Court to be orally examined in relation to the\ndescription of the person concerned; or\n(b) make discovery to the applicant of all documents which are or\nhave been in his or its possession relating to the description of\nthe person concerned.\n(2) Where the Court makes an order under subrule (1)(a), it may:\n(a) order that the person or corporation against whom or which\nthe order is made produce to the Court on the examination\nany document or thing in his or its possession relating to the\ndescription of the person concerned; or\n(b) direct that the examination be held before an Associate Judge.\n32.04 Party an applicant\nRule 32.03, with the necessary changes, applies where the\napplicant is a party to a proceeding and wishes to make in the\nproceeding against a person who is not a party a claim which he\ncould properly have made in the proceeding had the person been a\n32.05 Discovery from prospective defendant\n(a) there is reasonable cause to believe that the applicant has or\nmay have the right to obtain relief in the Court from a person\nwhose description he has ascertained;\n(b) after making all reasonable inquiries, the applicant has not\nsufficient information to enable him to decide whether to\ncommence a proceeding in the Court to obtain that relief; and\n(c) there is reasonable cause to believe that the person has or is\nlikely to have or has had or is likely to have had in his\n\nSupreme Court Rules 1987 124\npossession a document relating to the question whether the\napplicant has the right to obtain the relief and that inspection\nof the document by the applicant would assist him to make the\ndecision,\nthe Court may order that the person shall make discovery to the\napplicant of a document of the kind described in paragraph (c).\n32.06 Party an applicant\nRule 32.05, with the necessary changes, applies where the\napplicant is a party to a proceeding and there is reasonable cause\nto believe that he has or may have the right to obtain against a\nperson who is not a party relief which he could properly have\nclaimed in the proceeding had the person been a party.\n32.07 Discovery from non-party\nOn the application of a party to a proceeding the Court may order\nthat a person who is not a party and in respect of whom it appears\nthat he has or is likely to have or has had or is likely to have had in\nhis possession a document which relates to a question in the\nproceeding shall make discovery to the applicant of any such\n32.08 Procedure\n(1) An application under rule 32.03 or 32.05 shall be made by\noriginating motion to which the person against whom the order is\nsought shall be made respondent.\n(2) An application under rule 32.04, 32.06 or 32.07 shall be made by\nsummons served on every party to the proceeding and served\npersonally on the person against whom the order is sought.\n(4) An originating motion under subrule (1) or a summons under\nsubrule (2) shall be supported by an affidavit:\n(a) stating the facts on which the application is made; and\n(b) specifying or describing the document or class of documents\nin respect of which the order is sought.\n(5) A copy of the supporting affidavit shall be served on every person\non whom the originating motion or the summons is served.\n32.09 Inspection of documents\nRule 29.09, with the necessary changes, applies to the inspection\nof the documents referred to in an affidavit of documents made and\n\nSupreme Court Rules 1987 125\nserved in accordance with this Order as if the affidavit were an\naffidavit of documents as mentioned in rule 29.09(1).\n32.10 Directions as to documents\nRule 29.12, with the necessary changes, applies to the inspection\nof a document under this Order.\n32.11 Costs\n(1) On an application under this Order the Court may make an order for\nthe costs and expenses of the applicant, of the person against\nwhom the order is made or sought and of a party to the proceeding,\nincluding the costs of making and serving an affidavit of documents,\nof producing a document for inspection in accordance with\nrule 32.09 or of complying with a direction given under rule 32.10.\n(2) The Court may make an order under this Order on condition that\nthe applicant give security for the costs and expenses of the person\nagainst whom the order is made.\nOrder 33 Medical examination and service of hospital\nand medical reports\n33.01 Application\nThis Order applies to a proceeding in which the plaintiff claims\ndamages for bodily injury.\n33.02 Counterclaim\nby which the defendant makes a claim of the kind referred to in\nrule 33.10.\n33.03 Definitions\nexamination means an examination by a medical expert for the\npurpose of producing a medical report.\nhospital report means a statement in writing concerning the\nplaintiff made by or on behalf of a hospital, rehabilitation centre or\nother like institution.\nmedical expert means a person who is, under the law of a State or\nTerritory of the Commonwealth, entitled by reason of the\nprofessional qualifications or special skills or knowledge of the\n\nSupreme Court Rules 1987 126\nperson to practice in the field of expertise of medicine, dentistry,\noccupational therapy, pharmacology, physiotherapy, psychology,\nrehabilitation, ergonomics or any other related field.\nmedical matters means matters that are about or relevant to or\nrelate to the fields of medicine, dentistry, occupational therapy,\npharmacology, physiotherapy, psychology, rehabilitation,\nergonomics or any other related field.\nmedical report:\n(a) means a written statement of a medical expert in which the\nmedical expert records information or facts, or expresses\nopinions, that are within the medical expert's field of expertise\nand relevant to the plaintiff;\n(b) includes a document which the medical expert intends should\nbe read with the statement whether the document was in\nexistence at the time the statement was made or was a\ndocument which he obtained or caused to be brought into\nexistence subsequently.\n33.04 Notice for examination\n(1) The defendant may, in writing, request the plaintiff to submit to an\nappropriate examination by a medical expert at a specified time and\n(2) Where a plaintiff refuses or neglects without reasonable cause to\ncomply with a request under subrule (1), the Court may, if the\nrequest was on reasonable terms, stay the proceeding.\n33.05 Expenses\n(1) The costs of and incidental to the examination shall be costs in the\n(2) Without limiting subrule (1), the defendant shall, on request by the\nplaintiff whether before or after the plaintiff is examined, pay to the\nplaintiff a reasonable sum to meet his travelling and other expenses\nof and incidental to the examination.\n33.06 Report of examination\nA defendant for whom a plaintiff is examined under rule 33.04 must,\nas soon as practicable after the examination:\n(a) obtain a medical report from the medical expert; and\n\nSupreme Court Rules 1987 127\n(b) on obtaining the medical report – serve a copy of the medical\nreport on the plaintiff.\n33.07 Service of reports\n(1) For the purpose of rule 33.08:\n(a) a plaintiff shall serve a copy of a medical report in his or her\npossession, custody or power which he or she intends to\ntender or the substance of which he or she intends to adduce\nin evidence at the trial; and\n(b) subject to rule 33.06, a defendant shall serve a copy of a\nmedical report in his or her possession, custody or power\n(other than a medical report served on or supplied to him or\nher by the plaintiff) which the defendant intends to tender or\nthe substance of which the defendant intends to adduce in\nevidence at the trial.\n(2) Where a plaintiff obtains possession, custody or power of a hospital\nreport which he or she intends to tender or the maker of which he or\nshe intends to call at the trial, this rule with the necessary changes,\napplies as if the report were a medical report.\n33.08 Time for service\n(1) A party must serve copies of all medical reports that the party is\nrequired to serve in accordance with these Rules at the time or\ntimes as directed by a Judge, an Associate Judge or the Registrar.\n(3) Unless the Court otherwise orders, a party who, after the day on\nwhich he served medical reports under subrule (1) or (2), obtains\npossession, custody or power of a medical report a copy of which\nhe is required to serve in accordance with rule 33.07 shall serve a\ncopy of the report on each other party who has an address for\nservice within 14 days after obtaining the report and not later than\n42 days before the day fixed for trial or, where the place of trial is a\nplace other than Darwin, not later than 42 days before the\ncommencement of the sittings at that place during which the\nproceeding has been set down for trial.\n(4) Where a defendant who has served on the plaintiff a copy of a\nmedical report of an examination of the plaintiff made under\nrule 33.04 obtains from the medical expert who made the\nexamination a further report of the examination, the defendant shall\nwithout delay:\n(a) if the further report was in writing – serve a copy on the\nplaintiff; and\n\nSupreme Court Rules 1987 128\n(b) if the further report was oral – give the plaintiff notice in writing\nof its substance.\n(5) Except with the leave of the Court or by consent of the parties, a\nparty shall not except in cross-examination adduce evidence from a\nmedical expert on medical matters unless the evidence is disclosed\nby a copy of a medical report served in accordance with this Order.\n33.09 Proceeding against medical expert\n(1) This rule applies to a proceeding in which the plaintiff claims\ndamages for bodily injury sustained as a result of medical or the like\ntreatment or advice given in respect of a physical or mental\ncondition of the plaintiff.\n(2) Unless the Court otherwise orders, a party who is required to serve\na copy of a hospital report or medical report under rule 33.08 may\nexclude from the copy served an expression of opinion in the\noriginal report on the question of liability.\n33.10 Material for Court\n(1) This rule applies only to a proceeding which is to be tried by a\nJudge without a jury.\n(2) If for the purpose of evidence at the trial a party intends to:\n(a) use; or\n(b) call the maker of,\na medical report or a hospital report a copy of which was served\nunder rule 33.08, the party shall deliver a copy of the report for the\nuse of the Court.\n(3) Copies of reports shall be delivered by delivering them in a sealed\nenvelope bearing the title of the proceeding and stating \"Reports\ndelivered by [identify party] pursuant to rule 33.10\":\n(a) where Darwin is the place of trial – to an Associate Judge; and\n(b) where the place of trial is other than Darwin – to a Proper\nOfficer,\nnot later than 14 days before the date set down for the trial.\n33.11 Medical report admissible\n(1) This rule does not apply in the case of the trial of a proceeding\nbefore a Judge with a jury.\n\nSupreme Court Rules 1987 129\n(2) A medical report a copy of which was served under this Order is\nadmissible as evidence of the opinion of the medical expert who\ngave the report and, where the medical expert's oral evidence of a\nfact upon which the opinion was based would be admissible, as\nevidence of that fact.\n(3) Subject to subrules (4), (5) and (6), a medical report may be used in\nevidence by the party who served a copy of the report or by a party\non whom the copy was served.\n(4) If a medical report is tendered by the party who served a copy of\nthe report pursuant to rule 33.08(1) or (2), that party shall cause the\nmedical expert who gave the report to attend at the trial of the\nproceeding to be cross-examined if notice that such attendance is\nrequired is served on the party by any other party not later than\n42 days before the commencement of the trial, and if the medical\nexpert does not attend for cross-examination the Court may order\nthat the medical report be not received in evidence.\n(5) Where a medical report is served later than 42 days before:\n(a) where the place of trial is Darwin – the commencement of the\ntrial; or\n(b) where the place of trial is a place other than Darwin – the\ncommencement of the sittings at that place during which the\nproceeding has been set down for trial,\nthe medical expert who gave the report shall, unless the Court\notherwise orders, attend for cross-examination at the trial, and if the\nmedical expert does not attend for cross-examination the Court\nmay order that the medical report be not received in evidence.\n(6) If a medical report is tendered by a party on whom a copy of the\nreport was served:\n(a) that party shall cause the medical expert who gave the report\nto attend at the trial of the proceeding to be cross-examined,\nand if the medical expert does not attend the Court may order\nthat the medical report be not received in evidence;\n(b) if the report is received in evidence and the medical expert is\ncross-examined by a party against whom the report is\nreceived, at the conclusion of the cross-examination the party\nwho tendered the report may examine the expert as if by\nre-examination.\n\nSupreme Court Rules 1987 130\n33.12 No evidence unless disclosed in report\nExcept with the leave of the Court or by consent of the parties, a\nparty shall not, except in cross-examination, adduce evidence from\na medical expert on medical matters concerning the plaintiff unless\nthat evidence is disclosed by a medical report served in accordance\nwith this Order.\n33.13 Medical report generally not admissible unless this Order\ncomplied with\n(1) Subject to subrule (2), a medical report is not admissible as\nevidence unless it has been served in accordance with this Order.\n(2) Subrule (1) does not apply if:\n(a) the parties agree to dispense with or limit service of copies of\na medical report as required by this Order; or\n(b) the Court makes an order that a medical report that has not\nbeen served in accordance with this Order is admissible as\nevidence.\n(3) This rule applies in addition to the Evidence (Business Records)\nInterim Arrangements Act 1984 and any other law in force in the\nTerritory relating to the admissibility of evidence.\n34.01 Powers of Court\n(1) At any stage of a proceeding, the Court may give directions for the\nconduct of the proceeding which it thinks conducive to its effective,\ncomplete, prompt and economical determination.\n(2) A party may apply for directions on the hearing either of a summons\nfiled for the purpose or of a summons for other relief.\n34.03 Admissions and agreements\n(1) On an application for directions the Court may take steps with a\nview to securing that the parties make all admissions and all\nagreements as to the conduct of the proceeding which ought\nreasonably to be made by them and may, by order, record an\nadmission or agreement so made.\n(2) The Court may, by order, record a refusal to make an admission or\nan agreement as to the conduct of the proceeding so that the\nrefusal may later, if the Court thinks fit, be taken into account on a\n\nSupreme Court Rules 1987 131\nquestion of costs.\n34.04 Duty to obtain directions\nWhere a party applies for directions, any other party who attends on\nthe application may apply at the same time for directions which he\nrequires and which may be given before trial.\n35.01 Definition\nIn this Order authenticity of a document means that a document:\n(a) is what it purports to be;\n(b) if an original or described as such, is an original document and\nwas printed, written, signed or executed as it purports to have\nbeen; or\n(c) if a copy or described as such, is a true copy.\n35.02 Voluntary admission of facts\n(1) A party may, by notice served on another party, admit, in favour of\nthe other party, for the purpose of the proceeding only, the facts\nspecified in the notice.\n(2) A party may, by leave of the Court, withdraw an admission made in\naccordance with subrule (1).\n35.03 Notice for admission of facts\n(1) A party may serve on another party a notice stating that unless that\nparty, within a time to be expressed in the notice (which shall not be\nearlier than 14 days after service), disputes a fact specified in the\nnotice, he shall, for the purpose of the proceeding only, be taken to\nadmit the fact.\n(2) If the party served with the notice does not dispute a fact specified\nby serving notice that he disputes the fact within the time allowed\nfor that purpose, he shall, for the purpose of the proceeding only,\nbe taken to admit the fact.\n(3) A party may, by leave of the Court, withdraw an admission which is\ntaken to have been made under subrule (2).\n(4) A notice under subrule (1) shall be in Form 35A, and a notice under\nsubrule (2) shall be in Form 35B.\n\nSupreme Court Rules 1987 132\n35.04 Judgment on admissions\n(1) Where a party makes admissions of fact in a proceeding, whether\nby his pleading or otherwise, the Court may, on the application of\nanother party, give the judgment or make the order to which the\napplicant is entitled on those admissions.\n(2) The Court may exercise its powers under subrule (1) without\nwaiting for the determination of any other question in the\n35.05 Notice for admission of documents\n(1) A party may serve on another party a notice stating that unless that\nparty, within a time to be expressed in the notice (which shall not be\nearlier than 14 days after service), disputes the authenticity of a\ndocument mentioned in the notice, he shall, for the purpose of the\nproceeding only, be taken to admit the authenticity of the document.\n(2) If the party served with the notice does not dispute the authenticity\nof a document mentioned by serving notice that he disputes its\nauthenticity within the time allowed for that purpose, he shall, for\nthe purpose of the proceeding only, be taken to admit its\nauthenticity.\n(3) A party may, by leave of the Court, withdraw an admission which is\ntaken to have been made under subrule (2).\n(4) A notice under subrule (1) shall be in Form 35A, and a notice under\nsubrule (2) shall be in Form 35B.\n35.07 Restrictive effect of admission\nAn admission made by a party under this Order is for the purpose\nof the pending proceeding only and shall not be used against him\nas an admission in another proceeding.\n35.08 Notice to produce documents\n(1) A party to a proceeding may serve on another party a notice\nrequiring him to produce the documents mentioned in the notice on\nan application in or at the trial of the proceeding.\n(2) Unless the Court otherwise orders, the party on whom the notice is\nserved shall produce on the application or at the trial such of the\ndocuments mentioned in the notice as are in his possession,\ncustody or power and which he does not object to produce on the\nground of privilege.\n\nSupreme Court Rules 1987 133\n(3) Where the party on whom the notice is served fails to comply with\nthe notice, the Court may order that the party produce the\ndocument or give such directions for the proof of a matter in relation\nto the document, including the contents of the document and its\nmaking, delivery or receipt, as it thinks fit.\n36.01 General\n(1) For the purpose of determining the real question in controversy\nbetween the parties to a proceeding or of correcting a defect or\nerror in a proceeding or of avoiding multiplicity of proceedings, the\nCourt may at any stage order that a document in the proceeding be\namended or that a party have leave to amend a document in the\n(2) In this Order document includes originating process, an\nendorsement of claim on originating process and a pleading.\n(3) An endorsement of claim or pleading may be amended under\nsubrule (1) notwithstanding that the effect is to add or substitute a\ncause of action arising after the commencement of the proceeding.\n(4) A mistake in the name of a party may be corrected under\nsubrule (1) whether or not the effect is to substitute another person\nas a party.\n(5) Where an order to correct a mistake in the name of a party has the\neffect of substituting another person as a party, the proceeding\nshall be taken to have commenced with respect to that person on\nthe day the proceeding commenced.\n(6) The Court may, notwithstanding the expiration of a relevant\nlimitation period after the day a proceeding is commenced, make an\norder under subrule (1) where it is satisfied that any other party to\nthe proceeding would not by reason of the order be prejudiced in\nthe conduct of his claim or defence in a way that could not be fairly\nmet by an adjournment, an award of costs or otherwise.\n(7) For the purpose of subrule (6) any other party to the proceeding\nincludes a person who is substituted as a party by virtue of an order\nmade to correct a mistake in the name of a party.\n(8) Subrule (6), with the necessary changes, also applies to an\napplication under rule 14.03(2).\n(9) Subrule (1) does not apply to the amendment of a judgment or\n\nSupreme Court Rules 1987 134\n36.02 Failure to amend within time limited\nAn order giving a party leave to amend a document ceases to have\neffect if the party has not amended the document in accordance\nwith the order at the expiration of the time limited by the order\nmaking the amendment or, if no time was limited, of 14 days after\nthe date of the order.\n36.03 Amendment of pleading\nA party may amend a pleading served by him:\n(a) once before the close of pleadings; or\n36.04 Disallowance of pleading amendment\nWhere a party amends a pleading in accordance with rule 36.03(a),\nthe Court may, on application by another party made within 14 days\nafter service of the amended pleading on that party, disallow the\namendment or allow it either wholly or in part.\n36.05 How pleading amendment made\n(1) Unless the Court otherwise orders, an amendment to a pleading\nshall be made by:\n(a) amending the copy of the pleading filed in the Court or filing a\ncopy of the pleading as amended; and\n(b) serving a copy of the amended pleading on all parties.\n(2) A party who files an amended copy of a pleading in accordance\nwith subrule (1) shall endorse the copy pleading previously filed\nwith a statement to the effect that the amended copy has been\nsubstituted.\n(3) Where either of the requirements of subrule (1)(a) is complied with,\na Registrar shall, as the case requires, endorse the copy of the\npleading filed in the Court with the date it is amended or the copy of\nthe pleading as amended with the date it is filed.\n(4) Each amendment to a pleading shall be made in such a way as to\ndistinguish the amendment from the original pleading and from a\nprevious amendment to the original.\n\nSupreme Court Rules 1987 135\n36.06 Pleading to an amended pleading\n(1) A party shall plead to an amended pleading within 14 days after it is\nserved on him.\n(2) Where a party has pleaded to a pleading which is subsequently\namended, he shall be taken to rely on his original pleading in\nanswer to the amended pleading, unless he pleads to it within the\ntime limited for so doing.\n36.07 Amendment of judgment or order\nThe Court may at any time correct a clerical mistake in a judgment\nor order or an error arising in a judgment or order from an\naccidental slip or omission.\nOrder 37 Inspection, detention and preservation of\n37.01 Inspection, detention, etc., of property\n(1) In a proceeding the Court may make an order for the inspection,\ndetention, custody or preservation of a property, whether or not in\nthe possession, custody or power of a party.\n(2) An order under subrule (1) may authorize a person to:\n(a) enter land or do any other thing for the purpose of obtaining\naccess to the property;\n(b) take samples of the property;\n(c) make observations (including the photographing) of the\nproperty;\n(d) conduct an experiment on or with the property; or\n(e) observe a process.\n(3) On an application under subrule (1) the Court may make an order\nfor the costs and expenses of a person not being a party where:\n(a) the person attends on the hearing of the application pursuant\nto a summons served under rule 37.03(1); or\n(b) it makes an order under subrule (1) which will affect the\nperson.\n\nSupreme Court Rules 1987 136\n(4) The Court may make an order under this rule on condition that the\nparty applying for the order give security for the costs and expenses\nof a person, whether or not a party, who will be affected by the\n37.02 Inspection from prospective defendant\n(1) This rule applies to property not being a document.\n(2) In this rule applicant means an applicant for an order under the\n(3) Where:\n(a) there is reasonable cause to believe that the applicant has or\nmay have the right to obtain relief in the Court from an\nidentified person;\n(b) after making all reasonable enquiries, the applicant has not\nsufficient information to enable him to decide whether to\ncommence a proceeding in the Court to obtain that relief; and\n(c) there is reasonable cause to believe that the person has or is\nlikely to have in his possession, custody or power property\nrelating to the question whether the applicant has the right to\nobtain the relief and that inspection of the property by the\napplicant would assist him to make the decision,\nthe Court may make an order for the inspection, detention, custody\nor preservation of the property.\n(4) An order under subrule (3) may authorize a person to do any of the\nthings referred to in rule 37.01(2).\n(5) On an application under this rule the Court may make an order for\nthe costs and expenses of the applicant and the person against\nwhom the order is sought.\n(6) The Court may make an order under this rule on condition that the\napplicant give security for the costs and expenses of the person\nagainst whom the order is made.\n37.03 Procedure\n(1) An application for an order under rule 37.01 shall be made by\nsummons served on all parties to the proceeding and served\npersonally on each person who would be affected by the order if\n\nSupreme Court Rules 1987 137\n(2) The Court may make an order under rule 37.01 notwithstanding\nthat a person, not being a party, who will be affected by the order\nhas not been served with the summons personally or at all.\n(3) An application under rule 37.02 shall be made by originating motion\nto which the person against whom the order is sought shall be\nmade respondent.\n(4) An order shall not be made under rule 37.02 except by a Judge.\n(5) A summons under subrule (1) or an originating motion under\nsubrule (3) shall be supported by an affidavit:\n(a) stating the facts on which the application is made; and\n(b) specifying or describing the property in respect of which the\norder is sought.\n(6) A copy of the supporting affidavit shall be served on every person\non whom the summons or originating motion is served.\n37.04 Disposal of perishable property\nWhere in a proceeding concerning property (other than land) or in a\nproceeding in which a question may arise as to property (other than\nland) the property is of a perishable nature or is likely to deteriorate\nor diminish in value if kept, the Court may make an order for the\nsale or other disposal of the whole or a part of the property.\n37.05 Payment into Court in discharge of lien\n(1) Where in a proceeding the plaintiff claims the recovery of specific\nproperty (other than land) and it appears from the pleadings or\notherwise that the defendant does not dispute the title of the plaintiff\nbut claims to be entitled to retain the property by virtue of a lien or\notherwise as security for an amount of money, the Court may order\nthat the plaintiff be at liberty to pay into court, to abide the event of\nthe proceeding, the amount of money in respect of which the\nsecurity is claimed and such further amount, if any, for interest and\ncosts as the Court directs and that, on the making of those\npayments, the property claimed be given up to the plaintiff.\n(2) This rule, with the necessary changes, also applies to a\ncounterclaim.\n37.06 Interim distribution of property or income\nWhere in a proceeding concerning property the property will be\nmore than sufficient to answer the claims on the property for which\nprovision ought to be made in the proceeding, the Court may, by\n\nSupreme Court Rules 1987 138\norder, allow the whole or part of the annual income of the property\nor of a part of the property to be paid, during such period as it\ndetermines, to all or any of the persons having an interest in the\nincome, or may direct that a part of the property be conveyed,\ntransferred or delivered to a person having an interest in the\nproperty.\n37.07 Jurisdiction of Court not affected\nThis Order does not affect the exercise by the Court of a power to\nmake orders with respect to the inspection, detention, custody or\npreservation of property which is exercisable apart from those\nprovisions.\n37A.01 Definitions\nancillary order, see rule 37A.03.\nanother court means a court outside Australia or a court in\nAustralia other than the Court.\napplicant means a person who applies for a freezing order or an\nancillary order.\nfreezing order, see rule 37A.02.\njudgment includes an order.\nrespondent means a person against whom a freezing order or an\nancillary order is sought or made.\n37A.02 Freezing order\n(1) The Court may make an order (a freezing order), upon or without\nnotice to a respondent, for the purpose of preventing the frustration\nor inhibition of the Court's process by seeking to meet a danger that\na judgment or prospective judgment of the Court will be wholly or\npartly unsatisfied.\n(2) A freezing order may be an order restraining a respondent from\nremoving any assets located in or outside Australia or from\ndisposing of, dealing with, or diminishing the value of, the assets.\n\nSupreme Court Rules 1987 139\n37A.03 Ancillary order\n(1) The Court may make an order (an ancillary order) ancillary to a\nfreezing order or prospective freezing order as the Court considers\n(2) Without limiting the generality of subrule (1), an ancillary order may\nbe made for either or both of the following purposes:\n(a) eliciting information relating to assets relevant to the freezing\norder or prospective freezing order;\n(b) determining whether the freezing order should be made.\n37A.04 Respondent need not be party to proceeding\nThe Court may make a freezing order or an ancillary order against\na respondent even if the respondent is not a party to a proceeding\nin which substantive relief is sought against the respondent.\n37A.05 Order against judgment debtor, prospective judgment debtor\nor third party\n(a) judgment has been given in favour of an applicant by:\n(i) the Court; or\n(ii) in the case of a judgment to which subrule (2) applies –\nanother court; or\n(b) an applicant has a good arguable case on an accrued or\nprospective cause of action that is justiciable in:\n(i) the Court; or\n(ii) in the case of a cause of action to which subrule (3)\napplies – another court.\n(2) This subrule applies to a judgment if there is a sufficient prospect\nthat the judgment will be registered in or enforced by the Court.\n(3) This subrule applies to a cause of action if:\n(a) there is a sufficient prospect that the other court will give\njudgment in favour of the applicant; and\n(b) there is a sufficient prospect that the judgment will be\nregistered in or enforced by the Court.\n\nSupreme Court Rules 1987 140\n(4) The Court may make a freezing order, an ancillary order or both\nagainst a judgment debtor or prospective judgment debtor if the\nCourt is satisfied, having regard to all the circumstances, there is a\ndanger a judgment or prospective judgment will be wholly or partly\nunsatisfied because any of the following might occur:\n(a) the judgment debtor, prospective judgment debtor or another\nperson absconds; or\n(b) the assets of the judgment debtor, prospective judgment\ndebtor or another person are:\n(i) removed from Australia or from a place inside or outside\nAustralia; or\n(ii) disposed of, dealt with or diminished in value.\n(5) The Court may make a freezing order or an ancillary order or both\nagainst a person other than a judgment debtor or prospective\njudgment debtor (a third party) if the Court is satisfied, having\nregard to all the circumstances:\n(a) there is a danger a judgment or prospective judgment will be\nwholly or partly unsatisfied because:\n(i) the third party holds, is using, has exercised or is\nexercising, a power of disposition over assets (including\nclaims and expectancies) of the judgment debtor or\nprospective judgment debtor; or\n(ii) the third party is in possession of, or in a position of\ncontrol or influence concerning, assets (including claims\nand expectancies) of the judgment debtor or prospective\njudgment debtor; or\n(b) a process in the Court is, or may ultimately be, available to the\napplicant as a result of a judgment or prospective judgment,\nunder which process the third party may be obliged to\ndisgorge assets or contribute toward satisfying the judgment\nor prospective judgment.\n(6) Nothing in this rule affects the power of the Court to make a\nfreezing order or ancillary order if the Court considers it is in the\ninterests of justice to do so.\n37A.06 Jurisdiction\nNothing in this Order diminishes the inherent, implied or statutory\njurisdiction of the Court to make a freezing order or ancillary order.\n\nSupreme Court Rules 1987 141\n37A.07 Service outside Australia of application for freezing order or\nancillary order\nAn application for a freezing order or an ancillary order may be\nserved on a person who is outside Australia (whether or not the\nperson is domiciled or resident in Australia) if any assets to which\nthe order relates are within the jurisdiction of the Court.\n37A.08 Costs\n(1) The Court may make any order as to costs it considers appropriate\nin relation to an order made under this Order.\n(2) Without limiting the generality of subrule (1), an order as to costs\nincludes an order as to the costs of any person affected by a\nfreezing order or ancillary order.\n37B.01 Definitions\napplicant means an applicant for a search order.\ndescribed includes described generally whether by reference to a\nclass or otherwise.\npremises includes a vehicle or vessel of any kind.\nrespondent means a person against whom a search order is\nsought or made.\nsearch order, see rule 37B.02.\n37B.02 Search order\nThe Court may make an order (a search order) in any proceeding\nor in anticipation of any proceeding in the Court, with or without\nnotice to the respondent, for the purpose of securing or preserving\nevidence and requiring a respondent to permit persons to enter\npremises for the purpose of securing the preservation of evidence\nwhich is or may be relevant to an issue in the proceeding or\nanticipated proceeding.\n\nSupreme Court Rules 1987 142\n37B.03 Requirements for grant of search order\nThe Court may make a search order if satisfied:\n(a) an applicant seeking the order has a strong prima facie case\non an accrued cause of action; and\n(b) the potential or actual loss or damage to the applicant will be\nserious if the search order is not made; and\n(c) there is sufficient evidence in relation to a respondent that:\n(i) the respondent possesses important evidentiary\nmaterial; and\n(ii) there is a real possibility the respondent might destroy\nthe material or cause it to be unavailable for use in\nevidence in a proceeding or anticipated proceeding\nbefore the Court.\n37B.04 Jurisdiction\nNothing in this Order diminishes the inherent, implied or statutory\njurisdiction of the Court to make a search order.\n37B.05 Terms of search order\n(1) A search order may direct each person who is named or described\nin the order:\n(a) to permit, or arrange to permit, other persons named or\ndescribed in the order:\n(i) to enter premises specified in the order; and\n(ii) to take any steps in accordance with the terms of the\norder; and\n(b) to provide, or arrange to provide, other persons named or\ndescribed in the order with any information, thing or service\ndescribed in the order; and\n(c) to allow other persons named or described in the order to take\nand retain in their custody any thing described in the order;\nand\n(d) not to disclose any information about the order, for up to\n3 days after the date on which the order was served, except\nfor the purposes of obtaining legal advice or legal\nrepresentation; and\n\nSupreme Court Rules 1987 143\n(e) to do or refrain from doing any act as the Court considers\n(2) Without limiting the generality of subparagraph (1)(a)(ii), the steps\nthat may be taken in relation to a thing specified in a search order\ninclude:\n(a) searching for, inspecting or removing the thing; and\n(b) making or obtaining a record of the thing or any information it\ncontains.\n(3) A search order may contain other provisions the Court considers\n(4) In this rule:\nrecord includes a copy, photograph, film or sample.\n37B.06 Independent solicitors\n(1) If the Court makes a search order, the Court must appoint one or\nmore solicitors, each of whom is independent of the applicant's\nsolicitors, (the independent solicitors) to supervise the execution\nof the order and to do anything else in relation to the order the\nCourt considers appropriate.\n(2) The Court may appoint an independent solicitor to supervise\nexecution of the order at any one or more premises, and a different\nindependent solicitor or solicitors to supervise execution of the\norder at other premises, with each independent solicitor having\npower to do anything else in relation to the order the Court\nconsiders appropriate.\n37B.07 Costs\n(1) The Court may make any order as to costs it considers appropriate\nin relation to an order made under this Order.\n(2) Without limiting the generality of subrule (1), an order as to costs\nincludes an order as to the costs of any person affected by a search\n\nSupreme Court Rules 1987 144\nOrder 38 Injunctions\n38.01 When Court may grant\nThe Court may grant an injunction at any stage of a proceeding or,\nin the circumstances referred to in rule 4.08, before the\ncommencement of a proceeding.\n38.02 Application before trial\n(1) In an urgent case, the Court may grant an injunction on application\nmade without notice.\n(2) Where a plaintiff applies for an injunction against a defendant,\nservice of notice of the application on that defendant may be made\nat the time of service of the originating process in the proceeding.\n38.03 Costs and expenses of non-party\n(1) This rule applies where an application for an injunction is made\nbefore the trial of a proceeding.\n(2) The Court may grant an injunction on condition that the party\napplying for the injunction give security for the costs and expenses\nof a person who might be affected.\n(3) The Court may make such order as it thinks fit for the payment,\neither in the first instance or finally, of the costs and expenses of a\nperson, not being a party, who might be affected by the grant of an\ninjunction.\n38.04 Ouster of office\n(1) Informations in the nature of quo warranto are abolished.\n(2) Where a person acts in an office in which he is not entitled to act\nand an information in the nature of quo warranto would, but for\nsubrule (1), lie against him, the Court may grant an injunction\nrestraining him from so acting and may, if the case so requires,\ndeclare the office to be vacant.\n39.01 Application and definitions\n(1) This Order applies to and in relation to the appointment of a\nreceiver by the Court.\n\nSupreme Court Rules 1987 145\n(2) In this Order:\ninsurer means a body corporate authorized under the Insurance\nAct 1973 of the Commonwealth to carry on insurance business or\nan underwriting member of Lloyd's so authorized.\nLloyd's means the society of that name incorporated by the\nImperial Act known as Lloyd's Act 1871.\nreceiver means a receiver or receiver and manager.\n39.02 Appointment of receiver\n(1) The Court may appoint a receiver at any stage of a proceeding or,\nin the circumstances referred to in rule 4.08, before the\ncommencement of a proceeding.\n(2) In an urgent case, the Court may appoint a receiver on application\nmade without notice.\n39.03 Service of order\nThe party obtaining the appointment of a receiver, or such other\nparty as the Court directs, shall serve a copy of the order on the\nreceiver.\n39.04 Consent of receiver\nBefore a person is appointed a receiver his written consent to the\nappointment shall, unless the Court otherwise orders, be filed.\n39.05 Security by receiver\nUnless the Court otherwise orders:\n(a) a receiver shall give security approved by the Court that he\nwill account for what he receives as receiver and deal with it\nas the Court directs;\n(b) the security shall be given by guarantee in Form 39A and filed;\nand\n(c) the guarantee shall be given by an ADI or an insurer.\n39.06 Remuneration of receiver\nThe Court may provide for the remuneration of a receiver.\n\nSupreme Court Rules 1987 146\n39.07 Receiver's accounts\n(1) Unless the Court otherwise orders, a receiver shall submit accounts\nin accordance with this rule.\n(2) A receiver shall submit accounts to such parties and at such\nintervals or on such dates as the Court directs.\n(3) A party to whom a receiver is required to submit accounts may, on\ngiving reasonable notice to the receiver, inspect, either personally\nor by an agent, the documents or things on which the accounts are\nbased.\n(4) A party who objects to the accounts may serve notice in writing on\nthe receiver specifying the items to which objection is taken and\nrequiring the receiver within not less than 14 days to lodge his\naccounts with the Court and on such service the party shall file a\ncopy of the notice.\n(5) The Court may examine the items to which objection is taken.\n(6) The Court shall by order declare what is the result of an\nexamination under subrule (5) and may make an order for the costs\nand expenses of a party or the receiver.\n39.08 Default by receiver\n(1) Where a receiver fails to submit an account, provide access to any\nbooks or papers or do any other thing which as receiver he ought to\ndo, or fails to attend for the examination of an account of his, he\nand a party to the proceeding in which he was appointed may be\nrequired to attend before the Court to show cause for the failure\nand the Court may give such directions as it thinks fit, including, if\nnecessary, directions for the discharge of the receiver and the\nappointment of another and the payment of costs.\n(2) Without limiting subrule (1), where a receiver fails to submit an\naccount or fails to attend for the examination of an account of his,\nor fails to pay into court on the date fixed by the Court an amount\nrequired to be so paid, the Court may disallow any remuneration\nclaimed by the receiver and may, where he has failed to pay that\namount into court, charge him with interest at the rate currently\npayable in respect of judgment debts in the Court on that amount\nwhile in his possession as receiver.\n39.09 Directions to receivers\n(1) A receiver may apply to the Court for directions by summons stating\nthe matters on which directions are required.\n\nSupreme Court Rules 1987 147\n(2) Unless the Court otherwise orders, the receiver shall serve a copy\nof the summons and of any affidavit in support on all persons who\nmay be affected.\n40.01 Definition\nIn this Order, unless the contrary intention appears a proceeding\ncommenced by writ includes:\n(a) a proceeding in respect to which an order has been made\nunder rule 4.07(1);\n(b) a trial or inquiry under Order 50; and\n(c) an assessment of damages or value under Order 51.\n40.02 Evidence of witness\nExcept where otherwise provided by an Act or this Chapter, and\nsubject to an agreement between the parties, evidence shall be\ngiven:\n(a) on an interlocutory or other application in a proceeding, by\naffidavit;\n(b) at the trial of a proceeding commenced by writ, orally; or\n(c) at the trial of a proceeding commenced by originating motion,\nby affidavit.\n40.03 Contrary direction as to evidence\n(1) Notwithstanding rule 40.02, the Court may order that evidence be\ngiven:\n(a) orally on the hearing of an interlocutory or other application in\na proceeding or at the trial of a proceeding commenced by\noriginating motion;\n(b) by affidavit at the trial of a proceeding commenced by writ.\n(2) Where the Court makes an order under subrule (1)(a), it may direct\nthat the party on whose application the order is made give such\nnotice as it thinks fit to the other parties of the oral evidence the\nparty proposes to adduce.\n\nSupreme Court Rules 1987 148\n40.04 Examination on affidavit\n(1) Where an affidavit is filed in a proceeding, the Court may order that\nthe deponent be examined before the Court and may order that he\nattend for that purpose at such time and place as it directs.\n(2) Unless the Court otherwise orders, a party to a proceeding\ncommenced by originating motion on whose behalf an affidavit is\nfiled in the proceeding shall have the deponent attend at the trial of\nthe proceeding to be examined, if notice that the attendance is\nrequired is served on the party by another party a reasonable time\nbefore the commencement of the trial.\n(3) Where a deponent in respect of whom an order is made under\nsubrule (1) or a notice is served under subrule (2) does not attend\nfor examination, the Court may order that the affidavit be not\nreceived in evidence.\n40.05 Evidence of particular facts\n(1) The Court may order that evidence of a particular fact be given at\nthe trial or at any stage of a proceeding, in such manner as it\ndirects.\n(2) Without limiting subrule (1), the Court may order that evidence of a\nparticular fact be given:\n(a) by statement on oath of information and belief;\n(b) by the production of documents or entries in books; or\n(c) by the production of copies of documents or entries in books.\n40.06 Revocation or variation of order\nThe Court may, at or before the trial of a proceeding, revoke or vary\nan order made under rules 40.03 to 40.05 inclusive.\n40.07 Deposition as evidence\n(1) No deposition taken in a proceeding is admissible as evidence at\nthe trial of the proceeding unless:\n(a) the deposition was taken pursuant to an order under\nrule 41.01(1)(a) or (b);\n\nSupreme Court Rules 1987 149\n(b) either the person against whom the evidence is offered\nconsents or the deponent:\n(i) is dead or is unfit by reason of his bodily or mental\ncondition to attend the trial and testify as a witness;\n(ii) is out of the Territory and it is not reasonably practicable\nto secure his attendance; or\n(iii) cannot with reasonable diligence be found; and\n(c) the party who applies to have the deposition received in\nevidence has given reasonable notice of the application to the\nother party.\n(2) A deposition purporting to be signed by the person before whom it\nwas taken is receivable in evidence without proof of the signature of\nthe person.\n(3) Unless the Court otherwise orders:\n(a) evidence of facts within subrule (1)(b) may be given by\naffidavit; and\n(b) the affidavit may be made from belief as to those facts, if the\ngrounds for the belief are given.\n40.08 Proof of Court documents\n(1) A document purporting to be sealed with the seal of the Court is\nadmissible in evidence without further proof.\n(2) An office copy of a document filed in or issued out of the Court is\nadmissible in evidence in a proceeding between all parties to the\nsame extent as the original would be admissible.\n(3) A document purporting to be sealed with the seal of the Court and\nto be a copy of a document filed in or issued out of the Court is\nadmissible as an office copy of the latter document without further\nproof.\n40.09 Evidence of consent\nThe consent of a person to act in a particular capacity, whether as\ntrustee, receiver or otherwise, or to be added as a plaintiff is\nsufficiently evidenced by a written consent signed by him, dated\nand verified by the endorsed certificate of a solicitor.\n\nSupreme Court Rules 1987 150\n40.10 Defamation\nA defendant in a proceeding for defamation who has not by his\ndefence alleged the truth of the statement complained of shall not,\nexcept by leave of the Court at the trial, give evidence in chief at the\ntrial with respect to mitigation of damages, the circumstances of\npublication or the character of the plaintiff unless he gives\nparticulars of the evidence to the plaintiff by notice served not later\nthan 7 days before the trial.\n40.11 Subsequent use of evidence at trial\nThe Court may order that evidence that has been taken at the trial\nof a proceeding may be used at a subsequent stage of the\n40.12 Attendance and production\n(1) The Court may in a proceeding make an order for:\n(a) the attendance of a person for the purpose of being examined;\n(b) the attendance of a person and production by him of a\ndocument or thing specified or described in the order; or\n(c) the production by a corporation of a document or thing\nspecified or described in the order.\n(2) An order under subrule (1) may be made for attendance before or\nproduction to the Court or an officer of the Court, examiner, special\nreferee, arbitrator or other person authorized to take evidence.\n(3) An order under subrule (1) shall not operate to require the person\nagainst whom the order is made to produce a document which he\ncould properly object to produce on the ground of privilege.\n40.13 View\nThe Court may inspect or, on a trial with a jury, may authorize the\njury to inspect, a place, process or thing.\n40.14 Preservation of exhibits\n(1) The Court may make orders or give directions for the production,\ncustody or disposal of an exhibit or other item tendered in evidence.\n(2) The Court must keep a record of an order made or direction given\nunder subrule (1).\n\nSupreme Court Rules 1987 151\n(3) Subject to an order or direction under subrule (1), an exhibit or\nother item must be retained by the Registrar until:\n(a) if an appeal is lodged – 6 months after the conclusion of the\nappeal; or\n(b) if no appeal is lodged – 6 months after the appeal period\nexpires.\n(4) Subrule (3) does not apply to a document or thing to which\nrule 42.10 applies.\n41.01 Order for witness examination\n(1) The Court may, for the purposes of a proceeding, make an order\nfor:\n(a) the examination of a person before a Judge or an Associate\nJudge, or such other person as the Court appoints as\nexaminer, at any place whether within or out of the Territory;\nor\n(b) the sending of a letter of request to the judicial authorities of\nanother country to take, or have the evidence of a person\ntaken.\n(2) An order under subrule (1)(a) shall be in Form 41A or 41B, as the\ncase requires.\n(3) An order under subrule (1)(b) shall be in Form 41C.\n41.02 Documents for examiner\nThe party obtaining an order for examination under rule 41.01(1)(a)\nshall furnish the examiner with copies of such of the documents in\nthe proceeding as are necessary to inform the examiner of the\nquestion in the proceeding to which the examination is to relate.\n41.03 Appointment for examination\n(1) The examiner shall appoint a place and time for the examination.\n(2) The time appointed shall be as soon as practicable after the making\nof the order.\n(3) The examiner shall give notice of an appointment under this rule to\nthe party obtaining the order not later than 7 days before the time of\n\nSupreme Court Rules 1987 152\nthe appointment and that party shall without delay serve notice of\nthe appointment on each other party.\n41.04 Conduct of examination\n(1) The examiner shall permit each party and his legal practitioner to\nattend the examination.\n(2) Unless the Court otherwise orders, the person examined shall be\nexamined, cross-examined and re-examined in like manner as at\ntrial.\n(3) The examiner may put a question to the person examined as to the\nmeaning of an answer given by that person or as to a matter arising\nin the course of the examination.\n(4) The examiner may adjourn the examination from time to time and\nfrom place to place.\n41.05 Examination of additional persons\n(1) Where the examiner is a Judge or an Associate Judge, the\nexaminer may, on the application of a party to the proceeding, take\nthe examination of a person not named or described in the order for\n(2) Where the examiner is not a Judge or an Associate Judge, the\nexaminer may, with the consent in writing of each party to the\nproceeding, take the examination of a person not named or\ndescribed in the order for examination and, if the Associate Judge\ndoes so, the Associate Judge shall annex to the deposition of that\nperson the consent of each of the parties.\n41.06 Objection\nWhere a person being examined before an examiner, not being a\nJudge or an Associate Judge, objects to answer a question put to\nthe person or to produce a document or thing, or objection is taken\nto any such question or production, the following provisions apply:\n(a) where the objection is taken to a question:\n(i) unless the question is objected to on the ground of\nprivilege, the person being examined shall answer the\nquestion; and\n(ii) the question, the ground for the objection and the\nanswer, if any, shall be set out in the deposition;\n\nSupreme Court Rules 1987 153\n(b) where the objection is taken to the production of a document\nor thing, the ground for the objection shall be set out in the\ndeposition and, where the objection is to the production of a\ndocument, unless production is objected to on the ground of\nprivilege, the document or a copy shall be attached to the\ndeposition;\n(c) the validity of the objection shall be decided by the Court; and\n(d) if the Court disallows the objection, it may order that the costs\noccasioned by the objection be paid by the person being\nexamined or the party taking the objection, or by both of them,\n41.07 Taking of depositions\n(1) The deposition of a person examined before an examiner shall be:\n(a) taken down by the examiner;\n(b) taken down by a shorthand writer or some other person in the\npresence of the examiner; or\n(c) recorded by mechanical means in the presence of the\nexaminer, if the place for the examination is equipped with\nsound recording apparatus that is operative at the\ncommencement of the examination, and the examiner ensures\nthat a transcript of the record of depositions is prepared.\n(2) Subject to subrule (3) and rule 41.06(a), the deposition need not set\nout every question and answer if it contains as nearly as may be\nthe statement of the person examined.\n(3) The examiner may direct that the words of a question and the\nanswer to the question be set out in the deposition.\n41.08 Authentication and filing\n(1) Except where the deposition is taken down by a shorthand writer or\nis recorded by mechanical means, the examiner shall, if a party so\nrequests, ask the person examined to sign the person's deposition.\n(2) The examiner shall authenticate and sign the deposition.\n(3) The examiner shall endorse on the deposition a statement signed\nby the examiner of the time occupied in taking the examination and\nthe fees received by the examiner in respect of the examination.\n(4) The examiner shall send the deposition to a Registrar and the\nRegistrar shall file it in the proceeding.\n\nSupreme Court Rules 1987 154\n(5) The examiner shall, unless the Court otherwise orders, send all\nexhibits to the Registrar and the Registrar shall deal with them as\nthe Court directs.\n(6) Subrules (3), (4) and (5) do not apply where the examiner is a\nJudge or an Associate Judge.\n41.09 Report of examiner\n(1) The examiner may make to the Court a report on the examination\nbefore him or with regard to the absence of a person from the\n(2) The Court may direct such proceedings to be taken, or make such\norder, on the report as it thinks fit.\n41.10 Default of witness\n(1) Where a person has been required by subpoena to attend before\nan examiner not being a Judge or an Associate Judge and the\nperson fails or refuses to attend or the person refuses to take an\noath for the purposes of the examination or to answer a lawful\nquestion or to produce a document or thing or to sign the person's\ndeposition if requested under rule 48.08(1), the examiner shall, at\nthe request of a party, give to the party a certificate, signed by the\nexaminer, of the failure or refusal.\n(2) On the filing of the certificate the Court may order the person:\n(a) to attend before the examiner or to take an oath or to answer\nthe question or to produce the document or thing, as the case\nmay be; and\n(b) to pay the costs occasioned by the person's failure or refusal.\n(3) An application for an order under subrule (2) shall be made with\nnotice to the person against whom the order is sought, unless the\n41.11 Witness allowance\nA person required to attend before an examiner shall be entitled to\npayment for expenses and loss of time as on attendance at trial.\n41.12 Perpetuation of testimony\n(1) A witness shall not be examined to perpetuate testimony unless a\nproceeding has been commenced for that purpose.\n\nSupreme Court Rules 1987 155\n(2) A person who would, in the circumstances alleged by him to exist,\nbecome entitled, on the happening of a future event, to a property\nthe right or claim to which cannot be brought to trial by him before\nthe happening of the future event, may commence a proceeding to\nperpetuate a testimony which may be material for establishing the\nright or claim.\n(3) A proceeding to perpetuate the testimony of a witness shall not be\nset down for trial.\n41.13 Letter of request\n(1) Where an order is made under rule 41.01(1)(b) for the sending of a\nletter of request, the party obtaining the order (in this Order called\nthe applicant) shall, when the letter of request has been signed:\n(a) lodge with a Registrar:\n(i) the letter of request;\n(ii) all interrogatories and cross-interrogatories to\naccompany the letter of request; and\n(iii) a translation of each of the documents mentioned in this\nparagraph in accordance with rule 41.14, unless an\nAssociate Judge has given a general direction in relation\nto the place to whose judicial authorities the letter of\nrequest is to be sent that no translation need be\nprovided or the official language or one of the official\nlanguages of that place is English;\n(b) file:\n(i) a copy of each of the documents mentioned in\nparagraph (a); and\n(ii) an undertaking in accordance with rule 41.15; and\n(c) unless the Court otherwise orders, serve a copy of each of the\ndocuments mentioned in paragraph (a) on all other parties.\n(2) A letter of request shall be in Form 41D.\n41.14 Translation\nA translation of a document lodged under rule 41.13 shall:\n(a) be a translation into an official language of the country to\nwhose judicial authorities the letter of request is to be sent;\nand\n\nSupreme Court Rules 1987 156\n(b) bear a certificate of the translator, in that language, stating\nthat it is an accurate translation of the document.\n41.15 Undertaking\n(1) An undertaking filed under rule 41.13 shall consist of an\nundertaking by the solicitor for the applicant or, where there is no\nsolicitor, by the applicant, to pay to a Registrar an amount equal to\nthe expenses incurred in consequence of the letter of request.\n(2) A Registrar may require the applicant or his solicitor to give security\nto the Registrar's satisfaction for the expenses referred to in\n41.16 Order for payment of expenses\nWhere a person has given an undertaking in accordance with\nrule 41.13 and 41.15 and does not, within 14 days after service on\nhim of an account of expenses incurred in consequence of the letter\nof request, pay to the Registrar the amount of the expenses, the\nCourt may, on application by the Registrar:\n(a) order the applicant or his solicitor (where the undertaking was\ngiven by the solicitor), or both of them, to pay the amount of\nthe expenses to the Registrar; and\n(b) where:\n(i) the applicant is a plaintiff, stay the proceeding until\npayment so far as concerns the whole or a part of a\nclaim for relief by the applicant; and\n(ii) the applicant is defendant, make such order as it thinks\nfit, including an order that, until payment, the defendant\nbe taken not to have filed an appearance or be not\npermitted to use in evidence a deposition of a witness\nobtained pursuant to the letter of request.\n42.01 Interpretation\naddressee means the person who is the subject of the order\nexpressed in a subpoena.\nissuing officer means an officer empowered to issue a subpoena\non behalf of the Court.\n\nSupreme Court Rules 1987 157\nissuing party means the party at whose request a subpoena is\nissued.\nsubpoena means an order in writing requiring the addressee.\n(a) to attend to give evidence; or\n(b) to produce the subpoena or a copy of it and a document or\nthing; or\n(c) to do both of those things.\n(2) To the extent that a subpoena requires the addressee to attend to\ngive evidence, it is called a subpoena to attend to give evidence.\n(3) To the extent that a subpoena requires the addressee to produce\nthe subpoena or a copy of it and a document or thing, it is called a\nsubpoena to produce.\n42.02 Issuing of subpoena\n(1) The Court may, in any proceeding, by subpoena order the\naddressee:\n(a) to attend to give evidence as directed by the subpoena; or\n(b) to produce the subpoena or a copy of it and any document or\nthing as directed by the subpoena; or\n(c) to do both of those things.\n(2) An issuing officer must not issue a subpoena:\n(a) if the Court has made an order, or there is a rule of the Court,\nhaving the effect of requiring that the proposed subpoena:\n(i) not be issued; or\n(ii) not be issued without the leave of the Court and that\nleave has not been given; or\n(b) requiring the production of a document or thing in the custody\nof the Court or another court.\n(3) The issuing officer must seal with the seal of the Court, or otherwise\nauthenticate, a sufficient number of copies of the subpoena for\nservice and proof of service.\n(4) A subpoena is taken to have been issued on its being sealed or\notherwise authenticated in accordance with subrule (3).\n\nSupreme Court Rules 1987 158\n42.03 Form of subpoena\n(1) A subpoena must be in accordance with Form 42A.\n(2) A subpoena must not be addressed to more than one person.\n(3) Unless the Court otherwise orders, a subpoena must identify the\naddressee by name or by description of office or position.\n(4) A subpoena to produce must:\n(a) identify the document or thing to be produced; and\n(b) specify the date, time and place for production.\n(5) A subpoena to attend to give evidence must specify the date, time\nand place for attendance.\n(6) The date specified in a subpoena must be the date of trial or any\nother date as permitted by the Court.\n(7) The place specified for production may be the Court or the address\nof any person authorised to take evidence in the proceeding as\npermitted by the Court.\n(8) The last date for service of a subpoena:\n(a) is the date falling 5 days before the earliest date on which an\naddressee is required to comply with the subpoena or an\nearlier or later date fixed by the Court; and\n(b) must be specified in the subpoena.\n(9) If the addressee is a corporation, the corporation must comply with\nthe subpoena by its appropriate or proper officer.\n42.03A Alteration of date or time for attendance or production\n(1) The issuing party for a subpoena may give notice to the addressee\nof a date or time later than the date or time specified in the\nsubpoena as the date or time for attendance, production or both.\n(2) If notice of a later date or time is given to the addressee, the\nsubpoena has effect as if the later date or time were specified in the\nsubpoena.\n42.04 Setting aside or other relief\n(1) The Court may, on the application of a party or any person having a\nsufficient interest, set aside a subpoena in whole or in part or grant\nother relief in respect of it.\n\nSupreme Court Rules 1987 159\n(2) An application under subrule (1) must be made on notice to the\nissuing party.\n(3) The Court may order that the applicant give notice of the application\nto any other party or to any other person having a sufficient interest.\n42.05 Service\n(1) A subpoena must be served personally on the addressee.\n(1A) The issuing party must attach to the front of a subpoena to produce\nto be served on the addressee a notice and declaration in\naccordance with Form 42B.\n(2) The issuing party must serve a copy of a subpoena to produce on\neach other party as soon as practicable after the subpoena has\nbeen served on the addressee.\n42.06 Compliance with subpoena\n(1) An addressee need not comply with the requirements of a\nsubpoena to attend to give evidence unless the person has been\nprovided with a reasonable sum of money for his or her costs, as\nmentioned in section 194(1)(c) of the Evidence (National Uniform\nLegislation) Act 2011.\n(2) An addressee need not comply with the requirements of a\nsubpoena unless it is served on or before the date specified in the\nsubpoena as the last date for service of the subpoena.\n(3) Despite rule 42.05(1), an addressee must comply with the\nrequirements of a subpoena even if it has not been served\npersonally on that addressee if the addressee has, by the last date\nfor service of the subpoena, actual knowledge of the subpoena and\nof its requirements.\n(4) The addressee of a subpoena to produce must comply with the\nsubpoena:\n(a) by attending at the date, time and place specified for\nproduction or, if the addressee has received notice of a later\ndate or time from the issuing party, at the later date or time,\nand producing the subpoena or a copy of it and the document\nor thing to the Court or to the person authorised to take\nevidence in the proceeding as permitted by the Court; or\n(b) by delivering or sending the subpoena or a copy of it and the\ndocument or thing to the Registrar at the address specified for\nthe purpose in the subpoena, so they are received not less\nthan 2 clear days before the date specified in the subpoena for\n\nSupreme Court Rules 1987 160\nattendance and production or, if the addressee has received\nnotice of a later date from the issuing party, before the later\ndate.\n(4A) The addressee must also complete the notice and declaration\nmentioned in rule 42.05(1A) and attach it to the subpoena or copy\nof the subpoena that accompanies the document or thing produced\nto the Court under the subpoena.\n(4B) Unless a subpoena to produce specifically requires production of\nthe original, the addressee may produce a copy of any document\nrequired to be produced by the subpoena.\n(4C) A copy of a document may be:\n(a) a photocopy; or\n(b) a PDF file on a CD-ROM.\n(5) If a subpoena is both a subpoena to attend to give evidence and a\nsubpoena to produce, production of the subpoena or a copy of it\nand of the document or thing in any of the ways permitted by\nsubrule (4) does not discharge the addressee from the obligation to\nattend to give evidence.\n42.07 Production otherwise than upon attendance\n(1) This rule applies if an addressee produces a document or thing in\naccordance with rule 42.06(4)(b).\n(2) The Registrar must, if requested by the addressee, give a receipt\nfor the document or thing to the addressee.\n(3) If the addressee produces more than one document or thing, the\naddressee must, if requested by the Registrar, provide a list of the\ndocuments or things produced.\n42.08 Removal, return, inspection, copying and disposal of\ndocuments and things\nThe Court may give directions in relation to the removal from and\nreturn to the Court, and the inspection, copying and disposal, of any\ndocument or thing that has been produced to the Court in response\nto a subpoena.\n42.09 Inspection of, and dealing with, documents and things\nproduced otherwise than on attendance\n(1) This rule applies if an addressee produces a document or thing in\naccordance with rule 42.06(4)(b).\n\nSupreme Court Rules 1987 161\n(2) On the request in writing of a party, the Registrar must inform the\nparty whether production in response to a subpoena has occurred,\nand, if so, include a description, in general terms, of the documents\nand things produced.\n(3) Subject to this rule, no person may inspect a document or thing\nproduced unless the Court has granted leave and the inspection is\nin accordance with that leave.\n(4) Unless the Court otherwise orders, the Registrar may permit the\nparties to inspect at the Registry any document or thing produced\nunless the addressee, a party or any person having sufficient\ninterest objects to the inspection under this rule.\n(5) If the addressee objects to a document or thing being inspected by\nany party to the proceeding, the addressee must, at the time of\nproduction, notify the Registrar in writing of the objection and of the\ngrounds of the objection.\n(6) If a party or person having a sufficient interest objects to a\ndocument or thing being inspected by a party to the proceeding, the\nobjector may notify the Registrar in writing of the objection and of\nthe grounds of the objection.\n(7) On receiving notice of an objection under this rule, the Registrar:\n(a) must not permit any, or any further, inspection of the\ndocument or thing the subject of the objection; and\n(b) must refer the objection to the Court for hearing and\ndetermination.\n(8) The Registrar must notify the issuing party of the objection and of\nthe date, time and place at which the objection will be heard, and\nthe issuing party must notify the addressee, the objector and each\nother party accordingly.\n(9) The Registrar must not permit any document or thing produced to\nbe removed from the Registry except on application in writing\nsigned by the solicitor for a party.\n(10) A solicitor who signs an application under subrule (9), and removes\na document or thing from the Registry, undertakes to the Court by\nforce of this rule that:\n(a) the document or thing will be kept in the personal custody of\nthe solicitor or a barrister briefed by the solicitor in the\n\nSupreme Court Rules 1987 162\n(b) the document or thing will be returned to the Registry in the\nsame condition, order and packaging in which it was removed,\nas and when directed by the Registrar.\n(11) The Registrar may, in the Registrar's discretion, grant an\napplication under subrule (9) subject to conditions or refuse to grant\nthe application.\n42.10 Disposal of documents and things produced\n(1) Unless the Court otherwise orders, the Registrar may, in the\nRegistrar's discretion, return to the addressee any document or\nthing produced in response to the subpoena.\n(2) Unless the Court otherwise orders, the Registrar must not return\nany document or thing under subrule (1) unless the Registrar has\ngiven to the issuing party at least 14 days notice of the intention to\ndo so and that period has expired.\n(3) Subject to subrule (4), the Registrar may, 4 months after the\nconclusion of the proceeding, destroy all documents that were:\n(a) produced in the proceeding in compliance with a subpoena;\nand\n(b) declared by the addressee under rule 42.06(4A) to be copies.\n(4) The Registrar may, when they are no longer required in connection\nwith the proceeding, including on any appeal, destroy those\ndocuments that:\n(a) have become exhibits in the proceeding; and\n(b) were declared by the addressee under rule 42.06(4A) to be\ncopies.\n42.11 Costs and expenses of compliance\n(1) The Court may order the issuing party to pay the amount of any\nreasonable loss or expense incurred in complying with the\nsubpoena.\n(2) If an order is made under subrule (1), the Court must fix the amount\nor direct that it be fixed in accordance with the Court's usual\nprocedure in relation to costs.\n(3) An amount fixed under this rule is in addition to:\n(a) an amount payable for costs as mentioned in section 194(1)(c)\nof the Evidence (National Uniform Legislation) Act 2011; and\n\nSupreme Court Rules 1987 163\n(b) any witness expenses payable to the addressee.\n42.12 Failure to comply with subpoena – contempt of court\n(1) Failure to comply with a subpoena without lawful excuse is a\ncontempt of court and the addressee may be dealt with accordingly.\n(2) Despite rule 42.05(1), if a subpoena has not been served\npersonally on the addressee, the addressee may be dealt with for\ncontempt of court as if the addressee had been so served if it is\nproved that the addressee had, by the last date for service of the\nsubpoena, actual knowledge of the subpoena and of its\nrequirements.\n(3) Subrules (1) and (2) are without prejudice to any power of the Court\nunder any rules of the Court (including any rules of the Court\nproviding for the arrest of an addressee who defaults in attendance\nin accordance with a subpoena) or otherwise, to enforce\ncompliance with a subpoena.\n42.13 Documents and things in the custody of a court\n(1) A party who seeks production of a document or thing in the custody\nof the Court or of another court may inform the Registrar in writing\naccordingly, identifying the document or thing.\n(2) If the document or thing is in the custody of the Court, the Registrar\nmust produce the document or thing:\n(a) in Court or to any person authorised to take evidence in the\nproceeding, as required by the party; or\n(b) as the Court directs.\n(3) If the document or thing is in the custody of another court, the\nRegistrar must, unless the Court has otherwise ordered:\n(a) request the other court to send the document or thing to the\n(b) after receiving it, produce the document or thing:\n(i) in Court or to any person authorised to take evidence in\nthe proceeding as required by the party; or\n(ii) as the Court directs.\n\nSupreme Court Rules 1987 164\n43.01 Form of affidavit\n(1) An affidavit shall be made in the first person.\n(2) Unless the Court otherwise orders, an affidavit shall state the place\nof residence of the deponent and his occupation or, if he has none,\nhis description, and that he is a party to the proceeding or\nemployed by a party, if that be the case.\n(3) Notwithstanding subrule (2), where a deponent makes an affidavit\nin a professional or other occupational capacity, the affidavit may,\ninstead of stating the deponent's place of residence, state the\naddress of his place of business, the position he holds and the\nname of his firm or employer, if any.\n(4) An affidavit shall be divided into paragraphs numbered\nconsecutively, each paragraph being as far as possible confined to\na distinct portion of the subject.\n(7) The first page of an affidavit shall be headed immediately beneath\nthe title of the proceeding with the name of the deponent and the\ndate on which the affidavit is made.\n(8) An affidavit shall on the outside identify the party on whose behalf it\nis filed and state the name of the deponent and the date on which\nthe affidavit is made.\nNote for rule 43.01\nAn affidavit must also comply with the requirements of the Part 3 of the Oaths,\nAffidavits and Declarations Act 2010.\n43.02 Affidavit by illiterate or blind person\n(1) Where it appears to the person witnessing an affidavit that the\ndeponent is illiterate or blind, he shall certify in or below the jurat\n(a) the affidavit was read in his presence to the deponent; and\n(b) the deponent seemed to him perfectly to understand it; and\n(c) the deponent made his signature or mark in the person's\npresence.\n(2) Where an affidavit is made by an illiterate or blind deponent and a\ncertificate in accordance with subrule (1) does not appear on the\naffidavit, it may not be used in evidence unless the Court is satisfied\nthat the affidavit was read to the deponent and that he seemed\n\nSupreme Court Rules 1987 165\nperfectly to understand it.\n43.03 Content of affidavit\n(1) Except where otherwise provided by or under this Chapter, an\naffidavit shall be confined to facts which the deponent is able to\nstate of his own knowledge.\n(2) On an interlocutory application an affidavit may contain a statement\nof fact based on information and belief if the grounds are set out.\n43.04 Affidavit by 2 or more deponents\nWhere an affidavit is made by 2 or more deponents, the names of\nthe persons making the affidavit shall be inserted in the jurat,\nexcept that, if the affidavit is made by both or all the deponents at\none time and is witnessed by the same person, it shall be sufficient\nto state that it was made by \"each of the abovenamed\" deponents.\n43.05 Alterations\n(1) Notwithstanding an interlineation, erasure or other alteration in the\njurat or body, an affidavit:\n(a) may be filed, unless the Court otherwise orders; but\n(b) may not be used without the leave of the Court unless the\nperson who witnessed the affidavit has initialled the alteration.\n(2) Subrule (1) also applies to an account verified by affidavit as if the\naccount were part of the affidavit.\n43.06 Annexures and exhibits\n(1) A document to be used in conjunction with an affidavit shall, where\nconvenient, be annexed to the affidavit.\n(2) Where annexure is inconvenient, the document may be made an\nexhibit to the affidavit.\n(3) Instead of making a document an annexure or an exhibit to an\naffidavit, the relevant portion of the document may be included in\nthe body of the affidavit and the party filing the affidavit shall in that\ncase produce the document whenever the affidavit is used.\n(4) An annexure or exhibit to an affidavit shall be identified by a\nseparate certificate annexed to it bearing the same title as the\naffidavit and signed by the person witnessing the affidavit.\n\nSupreme Court Rules 1987 166\n43.07 Time for making affidavit\nBy leave of the Court an affidavit may be used in a proceeding\nnotwithstanding that it was made before the commencement of the\n43.08 Irregularity\nNotwithstanding an irregularity in form, an affidavit may be used in\nevidence.\n43.09 Filing\n(1) Unless the Court otherwise orders, an affidavit which has not been:\n(a) filed; or\n(b) served or filed in compliance with an order in respect of its\nservice or filing,\nshall not be used by the party by or on whose behalf it was made.\n(2) An affidavit may be filed with the Registry or with the proper officer\nin court.\n43.10 Affidavit witnessed by party\n(1) An affidavit witnessed by the party on whose behalf it is to be used\nor before an employee of that party shall not be used in evidence\nwithout the leave of the Court.\n(2) Subrule (1) does not apply where the Crown is the party on whose\nbehalf the affidavit is to be used and the affidavit is witnessed by an\nemployee of the Crown.\n44.01 Definition\n(1) In this Order, unless the contrary intention appears, a proceeding\ncommenced by writ includes:\n(a) a proceeding in respect of which an order has been made\nunder rule 4.07;\n(b) a trial or inquiry under Order 50; and\n(c) an assessment of damages or value under Order 51.\n\nSupreme Court Rules 1987 167\n(2) In this Order evidence means the substance of all of the material\nevidence to be given by the expert witness in evidence in chief if\ncalled as a witness for a party, including, where applicable, the\nfacts, assumptions and reasoning on which the evidence to be\ngiven is based and any reports, works, learned writings or other\ninformation on which the expert witness has relied or intends to rely\nfor the expression of his opinion.\n44.02 Application\n(1) Subject to subrule (2), this Order applies to a proceeding\n(2) In a proceeding in which the plaintiff claims damages for bodily\ninjury, the evidence of a person as an expert witness, if not subject\nto Order 33, is subject to this Order.\n(3) However, rule 44.05 applies in relation to the evidence of expert\nwitnesses given in a proceeding mentioned in subrule (2)\nregardless of whether the evidence is also subject to Order 33.\n44.03 Service of statement of expert evidence\n(1) A party who intends at a trial to adduce the evidence of a person as\nan expert witness shall:\n(a) not later than the time fixed by a Judge, an Associate Judge or\na Registrar at a listing hearing or directions hearing held under\nOrder 48; or\n(b) where no such time is fixed:\n(i) 6 weeks before the day fixed for the trial; or\n(ii) before a directions hearing under rule 48.34 to ensure\nthat a proceeding is ready to proceed to trial,\nwhichever is the earlier,\nserve on every other party a statement in accordance with\nsubrule (2).\n(2) The statement shall:\n(a) give the name and address of the witness;\n(b) describe the witness' qualifications to give evidence as an\nexpert; and\n\nSupreme Court Rules 1987 168\n(c) be a statement of such of the evidence as it is proposed to\nadduce from the witness as an expert.\n(2A) In a proceeding in which the plaintiff claims damages in respect of\ndeath resulting from medical or the like treatment or advice given in\nrespect of a physical or mental condition of the deceased, then,\nunless the Court otherwise orders, a party who is required to serve\na statement under subrule (1) may exclude from the statement:\n(a) any expression of opinion on the question of liability; and\n(b) any statement in respect of a fact on which the opinion is\nbased and which relates only to the question of liability.\n(3) Except with the leave of the Court or by consent of the parties, a\nparty shall not, except in cross-examination, adduce at the trial of a\nproceeding evidence from a witness as an expert unless the\nevidence of the witness is contained in a statement served under\nthis Order by the party.\n44.04 Making statement of other party evidence\nA party may put in evidence a statement served on him by another\nparty in accordance with rule 44.03.\n44.05 Expert witnesses giving evidence on same or similar question\n(1) This rule applies if 2 or more parties to a proceeding call, or intend\nto call, expert witnesses to give evidence about the same, or a\nsimilar, question.\n(2) The Court may direct:\n(a) that the expert witnesses confer; or\n(b) that the expert witnesses produce for use by the Court a\ndocument identifying:\n(i) the matters and issues about which their opinions are in\nagreement; and\n(ii) the matters and issues about which their opinions differ;\nor\n(c) that:\n(i) the expert witnesses give evidence at trial after all or\ncertain factual evidence relevant to the question has\nbeen led; and\n\nSupreme Court Rules 1987 169\n(ii) each party intending to call 1 or more expert witnesses\nclose that party’s case in relation to the question, subject\nonly to adducing the evidence of the expert witnesses\nlater in the trial; or\n(d) that, after all or certain factual evidence has been led, each\nexpert witness file and serve an affidavit or statement\nindicating:\n(i) whether the expert witness adheres to any opinion\nearlier given; or\n(ii) whether, in the light of factual evidence led at trial, the\nexpert witness wishes to modify any opinion earlier\ngiven; or\n(e) that:\n(i) each expert witness take the oath as a witness one\nimmediately after another; and\n(ii) when giving evidence, an expert witness occupy a\nposition in the courtroom (not necessarily in the witness\nbox) that is appropriate to the giving of evidence; or\n(f) that each expert witness give an oral exposition of his or her\nopinion, or opinions, on the question; or\n(g) that each expert witness give his or her opinion about the\nopinion, or opinions, given by another expert witness; or\n(h) that the expert witnesses be cross-examined in a certain\nmanner or sequence; or\n(i) that cross-examination or re-examination of the expert\nwitnesses be conducted:\n(i) by completing the cross-examination or re-examination\nof an expert witness before starting the cross-\nexamination or re-examination of another; or\n(ii) by putting to each expert witness, in turn, each question\nrelevant to 1 subject or issue at a time, until the cross-\nexamination or re-examination of all the witnesses is\ncompleted.\n\nSupreme Court Rules 1987 170\n45.01 Definition\nIn this Order proceeding means proceeding commenced by\n45.02 Evidence by affidavit\n(1) Except where otherwise provided by an Act or this Chapter, and\nsubject to subrule (2), evidence at the trial of a proceeding shall be\ngiven by affidavit.\n(2) By agreement of the parties or by order of the Court, evidence at\nthe trial of the proceeding may be given orally.\n45.03 Judgment where no appearance\n(1) Where a defendant fails to file an appearance within the time\nlimited, the Court may, on application made by the plaintiff without\nnotice to the defendant, and on proof of service of the originating\nmotion and of the failure, give judgment against the defendant for\nthe relief or remedy sought in the originating motion.\n(2) For the purpose of this Chapter, the hearing of the application is the\ntrial of the proceeding.\n(3) Except for the purpose of proof of service of the originating motion\nand where the defendant has failed to appear, the plaintiff shall not,\nunless the Court otherwise orders, use in evidence on the\napplication an affidavit made by him or on his behalf and not served\non the defendant with the originating motion.\n45.04 Proceedings after appearance\n(1) Where a defendant has filed an appearance, no judgment shall be\ngiven for the relief or remedy sought except on application by the\nplaintiff in accordance with this rule.\n(2) Except as provided in subrule (3), an application shall be made to\nthe Court by summons in Form 45A served on the defendant.\n(3) In a proceeding commenced by originating motion under Order 53\nthe plaintiff may apply for judgment on the day specified in the\noriginating motion for application to the Court.\n\nSupreme Court Rules 1987 171\n(4) On an application under subrule (2) or (3) an Associate Judge may,\nas appropriate:\n(a) hear and determine the application if it lies within his authority\nunder Order 77;\n(b) by consent of the defendant, give the judgment;\n(c) refer the application to a Judge for hearing and determination;\nor\n(d) place the proceeding in the list of cases for trial and give\ndirections for the filing and service of affidavits or otherwise.\n45.05 Special procedure\n(1) In this rule plaintiff includes a person who proposes to commence\na proceeding by originating motion.\n(2) The Court may, by order:\n(a) dispense with the requirements of rules 5.03(1) and 8.02; and\n(b) authorise the plaintiff to commence a proceeding by\noriginating motion in Form 5C.\n(3) Without limiting subrule (2), an order may be made:\n(a) in an urgent case; or\n(b) to save time and expense for the parties; or\n(c) where the defendant consents.\n(4) An order may be made on application by the plaintiff before or after\nthe proceeding is commenced and, except where the originating\nmotion has been served on the defendant, application may be\nmade without notice to the defendant.\n(5) An application made before the proceeding is commenced shall not\nconstitute a proceeding for the purpose of this Chapter with respect\nto originating process.\n(6) Where an order has been made under subrule (2), judgment shall\nnot be given for the plaintiff for the relief or remedy sought in the\noriginating motion or otherwise, except on application made to the\nCourt in accordance with Form 45A.\n\nSupreme Court Rules 1987 172\n(7) On application to the Court under subrule (6), if the application is\nheard before an Associate Judge, the Associate Judge may, as\nappropriate:\n(a) where the Associate Judge has authority to give the judgment\nsought by the plaintiff, hear and determine the application; or\n(b) by consent of the defendant, give the judgment; or\n(c) refer the application to a Judge for hearing and determination;\nor\n(d) place the proceeding in the list of cases for trial and give\ndirections for the filing and service of affidavits or otherwise.\n46.01 Application\nThis Order applies to an interlocutory or other application in a\n46.02 Application by summons\n(1) An application made on notice to a person shall be by summons,\n(2) An application made before the proceeding is commenced does not\nconstitute a proceeding for the purpose of a requirement of this\nChapter with respect to an originating process.\n(3) An application not by summons is made when it comes on for\n46.03 Notice of application\nOn the hearing of an application the Court may order that the\nperson making it give notice of it to a person having a sufficient\ninterest.\n46.04 Form and filing of summons\n(1) A summons shall be in Form 46A.\n(2) A summons shall state:\n(a) the Order and rule; or\n(b) such other legislative enactment,\n\nSupreme Court Rules 1987 173\nby virtue of which the application is made.\n(3) A summons shall be filed in the Registry in which the originating\nprocess was filed whether the application is made to a Judge, an\nAssociate Judge or a Taxing Master for costs to be taxed.\n(4) On the filing of a summons, or at a later time on the request of the\napplicant, a sufficient number of copies of the summons for service\nand proof of service shall be sealed with the seal of the Court.\n(5) The copies shall be sealed by a Registrar or other proper officer in\nthe Registry.\n46.05 Service\n(1) The applicant shall serve a sealed copy of a summons and, except\nwhere these Rules otherwise provide, a copy of an affidavit in\nsupport on every person to whom notice of the application is to be\n(2) Service under subrule (1) shall be made within a reasonable time\nbefore the day for hearing named in the summons and in no case\nlater than 2.00 p.m. on the previous day or, where the Registry was\nclosed on the day before the day for hearing, not later than\n2.00 p.m. on the day the office was last open.\n(3) A plaintiff may serve a summons on a defendant personally before\n(4) The Court may dispense with compliance with this rule.\n46.05.1 Day for hearing\n(1) A summons which has not been served may, at the request of the\nparty who filed it, be amended on or before the day for hearing\nnamed in the summons to name another day.\n(2) The summons may be amended:\n(a) if the summons is to be heard by the Court constituted by a\nJudge:\n(i) by an Associate Judge; or\n(ii) by a Judge's Associate; or\n(b) if the summons is to be heard by the Court constituted by an\nAssociate Judge:\n(i) by a Registrar; or\n\nSupreme Court Rules 1987 174\n(ii) by the Associate Judge's Secretary.\n(3) A summons shall not be amended under this rule more than once.\n(4) This rule does not limit the power of the Court under rule 36.01.\n46.06 Adjournment\n(1) The Court may adjourn the hearing of an application on such terms\nas it thinks fit.\n(2) The Associate of the Judge or, where an application is to be heard\nby an Associate Judge, a Registrar or the Associate Judge's\nsecretary, may by consent adjourn the hearing of an application to\na particular date or for a particular time or generally, and shall\nrecord the adjournment by endorsement on the court file.\n(3) An adjournment in pursuance of subrule (2) shall be granted no\nlater than 3pm on the day before the day for hearing named in the\nsummons or, where the Registry was closed on the day before the\nday for hearing, no later than 3 pm on the day on which the office\nwas last open.\n(4) On a hearing adjourned under subrule (2) the Court may make\nsuch order for the costs of or occasioned by the adjournment as it\n46.07 Absence of party to summons\n(1) Where a person to whom a summons is addressed fails to attend,\nthe Court may hear the application if satisfied that the summons\nwas duly served.\n(2) Where on an application by summons the applicant fails to attend,\nthe Court may dismiss the application or make such other order as\nit thinks fit.\n46.08 Setting aside\nThe Court may set aside or vary an order which affects a person\nwhere the application for the order:\n(a) was made on notice to the person, but he did not attend the\nhearing of the application; or\n(b) was not made on notice to the person.\n\nSupreme Court Rules 1987 175\n47.01 Place of trial\nUnless the Court otherwise orders, the place of trial of a proceeding\nshall be determined in accordance with rule 5.08.\n47.02 Mode of trial\n(1) All proceedings shall be tried without a jury, unless the Court orders\notherwise in accordance with section 7 of the Juries Act 1962.\n(2) Trial with a jury shall be with a jury of 4.\n47.03 Jury procedure\nThe Court may, if it thinks fit, order that a proceeding or a question\nof fact in a proceeding be tried by the Court with a jury pursuant to\nthe Juries Act 1962.\n47.04 Separate trial of question\nThe Court may order that:\n(a) a question in a proceeding be tried before, at or after the trial\nof the proceeding and may state the question or give\ndirections as to the manner in which it shall be stated; and\n(b) different questions be tried at different times or places or by\ndifferent modes of trial.\n47.05 Judgment after determination of preliminary question\nIf the determination of a question in a proceeding and tried\nseparately from the proceeding substantially disposes of the\nproceeding or renders the trial of the proceeding unnecessary, the\nCourt may dismiss the proceeding or make such other order, or\ngive such judgment, as it thinks fit.\n\nSupreme Court Rules 1987 176\nOrder 48 Case flow management and setting down for\ntrial\n48.01 Definitions\nAssociate Judge includes the Registrar.\ncase management conference means a case management\nconference under rule 48.11A and, in relation to a proceeding,\nincludes:\n(a) each case management conference (if any) in the proceeding;\nand\n(b) if a conference mentioned in paragraph (a) is adjourned – the\nadjourned conference.\ndirections hearing means a directions hearing under Part 2 and, in\nrelation to a proceeding, includes:\n(a) the initial directions hearing and each further directions\nhearing (if any) in the proceeding; and\n(b) if a directions hearing referred to in paragraph (a) is\nadjourned – the adjourned directions hearing.\nhearing time, in relation to a proceeding, means the time taken for\nthe trial of the proceeding.\nlisting hearing means a directions hearing at which a proceeding\nis ordered to be listed for trial under rule 48.17.\nmediation means a mediation under rule 48.13 and, in relation to a\nproceeding, includes:\n(a) each mediation (if any) in the proceeding; and\n(b) if a mediation referred to in paragraph (a) is adjourned – the\nadjourned mediation.\nmediator, in relation to a mediation, means the mediator or\nmediators before whom the mediation is or is to be held under\nrule 48.13.\n\nSupreme Court Rules 1987 177\nsettlement means:\n(a) a final disposition by agreement between the parties to a\nproceeding of all the issues in the proceeding; or\n(b) a resolution by agreement between the parties to a\nproceeding of those issues in the proceeding that will or are\nlikely to reduce the hearing time of the proceeding,\nwhether or not the agreement is subject to a contingency.\nsettlement conference means a settlement conference under\nrule 48.12 and, in relation to a proceeding, includes:\n(a) each settlement conference (if any) in the proceeding; and\n(b) if a settlement conference is adjourned – the adjourned\nsettlement conference.\ntrial Judge, in relation to a proceeding, means the Judge allocated\nthe trial of the proceeding.\ntrial list means a list kept under rule 48.20 of proceedings that\nhave been ordered under rule 48.17 to be listed for trial.\n48.02 Application\n(1) This Order applies to:\n(a) all proceedings in the Court commenced by writ; and\n(b) all proceedings in respect of which an order has been made\nunder rule 4.07.\n(2) Where in a proceeding commenced by originating motion:\n(a) it is proposed to call oral evidence under rule 45.02(2); or\n(b) for any other reason that appears desirable,\na Judge or an Associate Judge may order that this Order applies to\n48.03 Directions by Registrar\n(a) a directions hearing is convened by or held before the\n\nSupreme Court Rules 1987 178\n(b) the Registrar gives a direction for the conduct of the\nproceeding in accordance with this Order,\nOrder 34 applies (with the necessary changes) to that direction.\n48.04 Convening initial directions hearing\n(1) Where no appearance has been entered to an originating\nproceeding, within 2 months after the originating process was filed,\nan Associate Judge must:\n(a) fix a time, date and place for the holding of an initial directions\n(b) hold an initial directions hearing.\n(2) Where an appearance has been entered to an originating\nproceeding, within 21 days after the appearance was filed, an\nAssociate Judge must:\n(a) fix a time, date and place for the holding of an initial directions\n(b) hold an initial directions hearing.\n(3) An Associate Judge may hold an initial directions hearing under\nsubrule (1) or (2) by telephone without notice of the hearing to a\n48.05 Notice of initial directions hearing\n(1) Subject to rule 48.04(3), an Associate Judge must give each party\nat least 2 days notice of the initial directions hearing in a\n(2) A notice under subrule (1) may be given to a party:\n(a) by sending it by pre-paid post to the party's address for\n(b) where the party appears by a solicitor – in accordance with\nrule 6.06(1)(d).\n(3) The Associate Judge must file a copy of the notice given under\n\nSupreme Court Rules 1987 179\n(4) The copy of the notice filed in accordance with subrule (3) is to be\nendorsed with the date the notice was given and is to be signed by\nthe Associate Judge.\n(5) A copy of a notice duly filed, endorsed and signed in accordance\nwith this rule is, for the purposes of this Part, evidence that the\nnotice was given.\n48.06 Categorising proceedings\n(1) The purposes of the initial directions hearing include the following:\n(a) to determine whether the proceeding is still current or has\nbeen settled or is to be discontinued;\n(b) if the originating process has not been served – to make\nappropriate orders (if necessary) to enable or require (whether\nor not the plaintiff consents) prompt service of the originating\nprocess to take place;\n(c) if the originating process has been served but no appearance\nhas been entered – to facilitate (where appropriate) the entry\nof an interlocutory or final judgment in the proceeding in\naccordance with these Rules;\n(d) if the originating process has been served and an appearance\nhas been entered:\n(i) to determine which of the categories specified in\nsubrule (2) it is appropriate to designate the\nproceedings; and\n(ii) to consider and, as necessary, make orders in\naccordance with subrules (4) and (5).\n(2) At the initial directions hearing, an Associate Judge must designate\nthe proceeding to be in one of the following categories:\n(a) if the hearing time is likely to be 1 to 2 days – Category A;\n(b) if the proceeding is an ordinary matter requiring the\nsupervision of an Associate Judge – Category B;\n(c) if the proceeding is a complex matter requiring the supervision\nof a Judge – Category C;\n(d) if the proceeding is an urgent matter requiring the supervision\nof a Judge – Category D;\n\nSupreme Court Rules 1987 180\n(e) if the proceeding involves local witnesses only or no witnesses\nand, when ready for trial, is likely to be capable of being\nbrought on for trial on less than 2 days' notice – Category E.\n(3) The category to which a proceeding belongs may be altered by a\nJudge or an Associate Judge if there is a good reason for doing so.\n(4) At the initial directions hearing, the Associate Judge must:\n(a) consider whether it is appropriate to refer the matter to\nmediation in accordance with this Order and, if so, make the\nappropriate orders; and\n(b) consider whether it is appropriate to refer the matter to a\nsettlement conference in accordance with this Order and, if so,\nmake the appropriate orders; and\n(c) if it is appropriate, fix a target date by which the matter is to be\nready for trial and fix a timetable for the completion of all\ninterlocutory steps so that the matter will be ready for trial by\nthat date.\n(5) At the initial directions hearing, the Associate Judge may:\nAssociate Judge thinks fit; or\n(b) refer the making of an order or the giving of a direction to a\nJudge; or\n(c) adjourn the initial directions hearing and fix a time, date and\nplace for the adjourned hearing; or\n(d) convene a further directions hearing and fix a time, date and\nplace for the further hearing; or\n(e) direct that the proceeding be set down for a case\nmanagement conference.\n48.07 Category C and D proceedings\n(1) If at a directions hearing a proceeding is designated as a\nCategory C or D proceeding, the Associate Judge must refer the\nproceeding to the Chief Justice who must then allocate it to a\n(2) A Judge to whom a proceeding is allocated by the Chief Justice\nunder subrule (1) has charge of the proceeding and must make the\norders and give the directions the Judge thinks fit for the\nproceeding to be resolved justly, promptly, economically and in\n\nSupreme Court Rules 1987 181\nproportion to the nature of the dispute.\n(3) For the purpose of achieving the objectives specified in subrule (2),\na Judge may do one or more of the following:\nJudge thinks fit;\n(b) convene the directions hearings the Judge thinks fit;\n(c) adjourn a directions hearing convened under paragraph (b)\nand fix a time, date and place for the adjourned hearing.\n48.08 Category A, B and E proceedings\n(1) The Associate Judge has charge of all proceedings designated as\nCategory A, B or E proceedings and must make the orders and give\nthe directions the Associate Judge thinks fit for the proceeding to be\nresolved justly, promptly, economically and in proportion to the\nnature of the dispute.\n(2) For the purpose of achieving the objectives specified in subrule (1),\nthe Associate Judge may do one or more of the following:\nAssociate Judge thinks fit;\n(b) refer the proceeding to a Judge for the making of the orders or\nthe giving of the directions the Judge thinks fit;\n(c) convene the further directions hearings the Associate Judge\nthinks fit;\n(d) adjourn a directions hearing convened under paragraph (c)\nand fix a time, date and place for the adjourned hearing.\n(3) A Judge may exercise the powers of the Associate Judge conferred\nby this rule as the Judge thinks fit.\n48.09 Notice of adjourned or further directions hearings\n(1) A Judge must give each party notice of the first directions hearing\nconvened by the Judge in a proceeding under rule 48.07(3)(b) and\nrule 48.05 applies (with the necessary changes) accordingly.\n(2) Where a party attended a directions hearing at which a Judge or an\nAssociate Judge:\n(a) adjourned the directions hearing or convened a further\ndirections hearing; and\n\nSupreme Court Rules 1987 182\n(b) fixed a time, date and place for the adjourned or further\nthe party is taken to have been given notice of that time, date and\n(3) Where a party did not attend a directions hearing at which a Judge\nor an Associate Judge:\n(a) adjourned the directions hearing or convened a further\ndirections hearing; and\n(b) fixed a time, date and place for the adjourned or further\nthe Judge or Associate Judge must give the party notice of the\nadjourned or further hearing and rule 48.05 applies (with the\nnecessary changes) accordingly.\n48.10 Party to attend directions hearing\nA party must attend a directions hearing of which the party has had\nnotice in accordance with rule 48.05 or 48.09 in person or by\ncounsel or the party's solicitor.\n48.11 Non-attendance at directions hearing\n(1) If a party fails to attend a directions hearing of which notice has\nbeen duly given, a Judge or an Associate Judge may do one or\nboth of the following:\n(a) make the orders the Judge or Associate Judge considers\nappropriate for the expeditious hearing of the matter;\n(b) give the party who failed to attend notice of a time, date and\nplace when the party is to attend before the Judge or\nAssociate Judge and show cause why:\n(i) if the party is a plaintiff – the party's claim should not be\ndismissed for want of prosecution; or\n(ii) if the party is a defendant – the party's appearance,\ndefence or counterclaim should not be struck out.\n(2) At the time, date and place specified in the notice under\nsubrule (1)(b) or at an adjourned time, date and place, the Judge or\nAssociate Judge may:\n(a) if the party required to show cause is a plaintiff – dismiss the\nparty's claim for want of prosecution;\n\nSupreme Court Rules 1987 183\n(b) if the party required to show cause is a defendant – strike out\nthe party's appearance, defence or counterclaim;\n(c) in the case of an initial directions hearing – proceed in\naccordance with rule 48.06; or\n(d) adjourn the hearing.\n(3) In acting under subrule (2), the Judge or Associate Judge may\naward costs against the party required to show cause or that party's\nsolicitor.\n(4) Rule 48.27(5), (6) and (7) applies (with the necessary changes) to a\nclaim, appearance or pleading dismissed or struck out under this\n48.11A Case management conference\n(1) The purpose of a case management conference is to ensure that a\nproceeding is the subject of active and effective judicial case\nmanagement with the aim that the real issues of substance that are\nin dispute between the parties, and only those issues, are resolved\nby the Court justly, promptly, economically and in proportion to the\nnature of the dispute.\n(2) If a Judge or an Associate Judge is of the opinion that a case\nmanagement conference should be held for a proceeding, the\nJudge or Associate Judge may direct that the proceeding be set\ndown for a case management conference before a Judge or an\n(3) The Judge or Associate Judge must give the parties notice of the\ncase management conference and rule 48.05 applies (with the\nnecessary changes) accordingly.\n(4) If a proceeding is set down for a case management conference, the\nparties must:\n(a) assist the Court in managing the proceeding to achieve the\npurpose mentioned in subrule (1); and\n(b) cooperate to avoid, as far as possible, multiple case\nmanagement conferences being held.\n(5) In addition to the obligations under subrule (4), the parties should\nattend the case management conference:\n(a) with an understanding of the nature of the real issues of\nsubstance that are in dispute and of their case in relation to\nthose issues; and\n\nSupreme Court Rules 1987 184\n(b) having considered, discussed and if possible agreed with the\nother party the directions they propose that the Court should\nmake at the conference; and\n(c) with sufficient information concerning the availability of all\nrelevant persons to enable a trial date or dates or target trial\nwindow to be fixed if not already fixed; and\n(d) ready to deal with all outstanding procedural issues.\n(6) A case management conference may be held by telephone,\nvideoconference or other audiovisual means.\n(7) At a case management conference, the Court may do the following:\n(a) if it has not already been done:\n(i) fix a trial date or dates; or\n(ii) refer the matter to a civil sittings callover or directions\n(iii) identify a target trial window;\n(b) make directions to ensure that the matter is ready for trial on\nthat date or those dates or during that sittings period or target\ntrial window;\n(c) scrutinise carefully the parties’ respective pleadings to ensure\nthat they properly identify only the real issues of substance\nthat are in dispute;\n(d) consider whether any claim or plea is appropriate for summary\ndetermination, strike out or determination as a preliminary\nissue;\n(e) resolve any other outstanding procedural issues between the\nparties or, if that is not possible, make directions for the\nresolution of those issues;\n(f) consider whether any further case management conferences\nare likely to be required and, if so, fix the date or dates for\nthose conferences;\n(g) consider whether to make directions for a settlement\nconference under rule 48.12 or a mediation under rule 48.13;\n(h) make such other orders as it considers appropriate to ensure\nthat the matter is resolved justly, promptly, economically and\nin proportion to the nature of the dispute.\n\nSupreme Court Rules 1987 185\n(8) Rules 48.16 to 48.19 do not apply to a proceeding in which one or\nmore case management conferences are held.\n48.12 Settlement conference\n(1) If a Judge or an Associate Judge is of the opinion that a proceeding\nis capable of settlement or ought to be settled, the Judge or\nAssociate Judge may direct that the matter be set down for a\nsettlement conference for the purpose of exploring the possibility of\nsettlement.\n(2) A settlement conference is to be held before an Associate Judge.\n(3) The Judge or Associate Judge must give the parties notice of the\nsettlement conference and rule 48.05 applies (with the necessary\nchanges) accordingly.\n(4) The Judge or Associate Judge:\n(a) may direct that the parties attend the settlement conference in\nperson; and\n(b) if a party is a corporation – may order that the settlement\nconference be attended by an agent of the corporation who is\nfamiliar with the substance of the issues in the proceeding and\nhas unqualified authority either to settle the proceeding or to\nmake recommendations to the corporation that are likely to\nresult in the settlement of the proceeding.\n(5) The Judge or Associate Judge may direct that a party attend the\nsettlement conference by a videoconference or teleconference\nfacility.\n(6) A direction under subrule (4):\n(a) may be given to a party:\n(i) orally either in person or by the party's solicitor;\n(ii) in writing sent by pre-paid post to the party's address for\n(iii) where the party appears by a solicitor – in accordance\nwith rule 6.06(1)(d); and\n(b) may be given either by the Judge or Associate Judgeor an\nofficer of the Court authorised by the Judge or Associate\n\nSupreme Court Rules 1987 186\n(7) The attendance of a party in person at a settlement conference\n(whether in response to a direction under subrule (4) or otherwise)\ndoes not prevent the party being represented at the conference by\ncounsel or the party's solicitor or both.\n(8) Except to prove that a settlement was reached between the parties\nand the terms of the settlement, evidence of things said or\nadmissions made at a settlement conference is not admissible in\neither the proceeding or a court without the consent of those\nparties.\n(9) If a party (the party at fault):\n(a) fails to attend a settlement conference after having been\nnotified of the conference under subrule (3); or\n(b) having attended a settlement conference:\n(i) refuses to participate in the settlement conference; or\n(ii) applies (other than with the consent of the other parties)\nto adjourn or further adjourn the settlement conference\nand the adjournment is granted by an Associate Judge;\nthe party at fault must pay the costs of the other parties thrown\naway as a result, which costs may (despite rule 63.04(3)) be taxed\nimmediately by the Taxing Master.\n(10) A settlement conference may be adjourned by an Associate Judge\nif the parties consider that further negotiations may lead to a\nsettlement.\n(11) A Judge or an Associate Judge may order each party to prepare a\nprecis of the party's case to be given to an Associate Judge at the\nsettlement conference.\n(12) Despite subrule (8), if an offer of settlement is made before an\nAssociate Judge at a settlement conference:\n(a) the Associate Judge must record the offer and place that\nrecord in a sealed envelope on the Court file; and\n(b) the offer may be taken into consideration by the Court in\nexercising its discretion to award costs once final judgment in\nthe proceeding is given.\n\nSupreme Court Rules 1987 187\n48.13 Mediation\n(1) If a Judge or an Associate Judge is of the opinion that a proceeding\nis capable of settlement or ought to be settled, the Judge or\nAssociate Judge may direct that the matter be set down for\nmediation for the purpose of exploring the possibility of settlement.\n(2) The mediator may be a Judge or an Associate Judge or a person\nfrom the list kept under subrule (9), and may be appointed by:\n(a) if the parties agree on a person from the list kept under\nsubrule (9) – the parties; or\n(b) a Judge or an Associate Judge.\n(3) Under subrule (2), 2 mediators may be appointed to mediate jointly.\n(4) The Judge or Associate Judge must give the parties notice of the\nmediation and rule 48.05 applies (with the necessary changes)\naccordingly.\n(5) The Judge or Associate Judge:\n(a) may direct that the parties attend the mediation in person; and\n(b) if a party is a corporation – may order that the mediation be\nattended by an agent of the corporation who is familiar with\nthe substance of the issues in the proceeding and has\nunqualified authority either to settle the proceeding or to make\nrecommendations to the corporation that are likely to result in\nthe settlement of the proceeding.\n(6) A direction under subrule (5):\n(a) may be given to a party:\n(i) orally either in person or by the party's solicitor;\n(ii) in writing sent by pre-paid post to the party's address for\n(iii) where the party appears by a solicitor – in accordance\nwith rule 6.06(1)(d); and\n(b) may be given either by the Judge or Associate Judge or an\nofficer of the Court authorised by the Judge or Associate\n\nSupreme Court Rules 1987 188\n(7) The attendance of a party in person at a mediation (whether in\nresponse to a direction under subrule (5) or otherwise) does not\nprevent the party being represented at the mediation by counsel or\nthe party's solicitor or both.\n(8) Except to prove that a settlement was reached between the parties\nand the terms of the settlement, evidence of things said or\nadmissions made at a mediation is not admissible in either the\nproceeding or a court without the consent of those parties.\n(9) The Associate Judges must keep a list of persons who, in the\nopinion of a Judge or an Associate Judge, are suitably qualified and\nwilling to act as mediators.\n(10) The list kept under subrule (9) is to include details of the following:\n(a) the qualifications and experience of each mediator listed;\n(b) the kinds of matters each mediator listed is willing to mediate.\n(11) The costs and expenses of a mediator:\n(a) may be fixed by a Judge or an Associate Judge; and\n(b) are to be met equally by all parties to the mediation.\n(12) A Judge or an Associate Judge may make the orders necessary to\nsecure or enforce payment of a mediator's costs and expenses\n(13) If a party (the party at fault):\n(a) fails to attend a mediation after having been notified of the\nmediation under subrule (4); or\n(b) having attended a mediation:\n(i) refuses to participate in the mediation; or\n(ii) applies (other than with the consent of the other parties)\nto adjourn or further adjourn the mediation and the\nadjournment is granted by the mediator,\nthe party at fault must pay the costs of the mediator and the other\nparties thrown away as a result, which costs may (despite\nrule 63.04(3)) be taxed immediately by the Taxing Master.\n\nSupreme Court Rules 1987 189\n(14) Subject to subrules (8) and (16) but despite any other law of the\nTerritory, a mediator must not disclose and is not to be required to\ndisclose information of which the mediator becomes aware in the\ncourse of or for the purposes of the mediation.\n(15) A mediation may be adjourned by the mediator if the parties\nconsider that further negotiations may lead to a settlement.\n(16) Within 7 days of the conclusion of a mediation, the mediator:\n(a) must file a report signed by the mediator indicating one of the\n(i) that the proceeding has been finally resolved;\n(ii) that certain issues, that are identified in the report, have\nnot been resolved but that all other issues between the\nparties have been resolved;\n(iii) that no issues between the parties have been resolved;\nand\n(b) must give each party a copy of the report.\n48.14 Costs of directions hearings, case management conferences,\nsettlement conferences and mediations\nSubject to this Order, as between the parties, the costs of and\nincidental to attending a directions hearing, case management\nconference, settlement conference or mediation are to be costs in\nthe proceeding unless the Court orders otherwise.\n48.15 Papers for trial Judge\nThe plaintiff or applicant in a proceeding must, within 14 days after\nthe pleadings in the proceeding have closed in accordance with\nrule 14.08, file a copy of all of the pleadings, including any request\nfor particulars of those pleadings and all particulars given in\nresponse to that request but not including the writ or notice of\n48.16 Listing hearing\nSubject to these Rules, unless a Judge or an Associate Judge\norders otherwise, a proceeding is not to be listed for trial unless a\nlisting hearing has been held.\n\nSupreme Court Rules 1987 190\n48.17 Listing for trial\nAt a directions hearing, if a Judge or an Associate Judge is satisfied\nthat a proceeding:\n(a) is ready for trial; or\n(b) should, in the interests of justice, proceed to trial;\nthe Judge or Associate Judge may order that the proceeding be\nplaced on a list of proceedings ready for trial.\n48.18 Matters to be considered before listing for trial\n(1) Before making an order under rule 48.17, the Judge or Associate\nJudge must give consideration to the following matters:\n(a) the possibility of the claim being settled by compromise and\nthe desirability of a settlement conference or mediation;\n(b) further simplification of the issues;\n(c) the necessity or desirability of amendments to the pleadings;\n(d) obtaining further admissions of facts and of documents that\nwill avoid unnecessary proof, including questions of medical\nexaminations and reports under Order 33;\n(e) limiting the number of witnesses or the issues to be covered\nby evidence from witnesses;\n(f) submissions by the parties to the trial Judge of written\narguments on issues of law or issues that are a mixture of law\nand fact;\n(g) the necessity to refer the proceeding to a Judge to secure\nappropriate directions or orders to ensure the proceeding is\nready for and will proceed to trial;\n(h) the estimated duration of the trial;\n(j) whether a witness's evidence will be heard by means of a\nvideoconference in accordance with these Rules;\n(k) whether advice on evidence has been obtained;\n(m) other matters that might facilitate the disposal of the\n\nSupreme Court Rules 1987 191\n(2) Except in special circumstances, the Judge or Associate Judge\nmust not make an order under rule 48.17 unless:\n(a) each party is represented at the listing hearing by the personal\nattendance (including by videoconference or teleconference\nunder Part 4) at the hearing of:\n(i) counsel who is briefed in the proceeding;\n(ii) a solicitor who is a partner in the firm representing the\n(iii) if the party is represented by a solicitor who is not in\nprivate practice – a legal practitioner who holds an\nunrestricted practising certificate; and\n(b) in the case of paragraph (a)(ii) or (iii) – the party has filed a\ncertificate by counsel in accordance with subrule (3).\n(3) The certificate by counsel is to state the following:\n(a) that the proceeding is ready for trial;\n(b) that no amendment to the pleadings is required;\n(c) the anticipated length of the case of the party counsel is\nrepresenting, including opening and closing addresses;\n(d) the dates (if any) during the proposed sittings when counsel or\na witness will not be available;\n(e) whether or not counsel has discussed the proceeding with\ncounsel representing the other parties;\n(f) whether or not there are outstanding pre-trial matters yet to be\nresolved or finalised and, if so, full details of those matters;\n(g) the prospects of the proceeding being settled before the trial.\n(4) For the purposes of subrule (2)(a), an unrepresented party who\nappears at a listing hearing is to be treated as if the party were a\nlegal practitioner holding an unrestricted practising certificate.\n\nSupreme Court Rules 1987 192\n(5) In considering whether or not the special circumstances referred to\nin subrule (2) exist, the Judge or Associate Judge may have regard\nto:\n(a) the extent to which, in the opinion of the Judge or Associate\nJudge, a party or a party's counsel or solicitor has failed to\nexpeditiously prosecute or defend the proceeding or otherwise\nprepare for trial; and\n(b) the interests of the other parties to have the proceeding\nbrought to trial.\n48.19 Cost of listing hearing\nSubject to this Order, as between the parties, the costs of and\nincidental to attending a listing hearing are to be costs in the\nproceeding unless a Judge or an Associate Judge orders\notherwise.\n48.20 Trial lists\nThere are to be kept in the Darwin Registry and Alice Springs\nRegistry lists of proceedings that, under rule 48.17, have been\nordered to be placed on a list of proceedings ready for trial.\n48.21 Fixing hearing dates\n(1) Once a proceeding has been ordered under rule 48.17 to be listed\nfor trial, the Registrar must allocate to it the earliest available\nhearing dates.\n(2) In determining the earliest available hearing dates, the Registrar\nmust have regard to the following:\n(a) the trial list the proceeding has been placed on;\n(b) the urgency of the proceeding;\n(c) the order in which the proceeding was placed on the trial list;\n(d) representations by the parties as to dates that are or are not\nsuitable and the reasons for that;\n(e) the length of time the trial of the proceeding is expected to\ntake;\n(f) relevant practice directions made by the Chief Justice;\n(g) other relevant considerations.\n\nPart 4 Directions hearings and conferences by videoconference or teleconference\nSupreme Court Rules 1987 193\n48.21A Trial dates vacated only in extraordinary circumstances\n(1) Once a trial date is fixed, the Court will not vacate the date except:\n(a) in extraordinary circumstances that render a fair trial\nimpossible; and\n(b) as a last resort after all other options have been exhausted.\n(2) Any party who considers that circumstances have arisen that may\nmean that a trial will not be able to proceed on the date or dates\nfixed for trial should immediately notify the Court and the other\nparty, and take out an application for directions.\n48.22 Pre-trial directions hearing before trial Judge\n(1) The trial Judge in a proceeding that has been given hearing dates\nmay, at the time, date and place determined by the Judge, hold a\ndirections hearing to ensure that the proceeding is ready to proceed\nto trial.\n(2) Where the trial of a proceeding is listed to be held in Alice Springs,\nthe directions hearing referred to in subrule (1) may be held by\nmeans of a videoconference or teleconference.\n(3) At a directions hearing referred to in subrule (1), the Judge may\nmake the orders he or she thinks necessary, including an order that\nno further amendments to the pleadings will be permitted.\nPart 4 Directions hearings and conferences by\nvideoconference or teleconference\n48.23 Proceedings commenced in Alice Springs\n(1) Subject to this Order, where a proceeding has been filed in the\nAlice Springs Registry, a Judge or an Associate Judge may conduct\na hearing or conference in respect of the proceeding by means of a\nvideoconference or teleconference.\n(2) If a hearing or conference is held under subrule (1):\n(a) the Court must provide and meet the expenses of the facilities\nnecessary to enable the hearing or conference to be held by\nvideoconference or teleconference; and\n(b) the Court must notify the parties or their solicitors of the place\nwhere they may attend the hearing or conference by use of\nthose facilities; and\n\nPart 4 Directions hearings and conferences by videoconference or teleconference\nSupreme Court Rules 1987 194\n(c) if the Court file is not held by the Court electronically the Court\nfile must be sent by the Alice Springs Registry to the Darwin\nRegistry in time for the hearing or conference; and\n(d) a party seeking to rely at the hearing or conference on an\naffidavit or other document that was not filed before the Court\nfile was sent to the Darwin Registry may:\n(i) email the document to the Darwin Registry; and\n(ii) request that a copy of the document be filed in\naccordance with this subrule; and\n(e) if a request is made under paragraph (d)(ii) the Darwin\nRegistry must file the document as soon as possible; and\n(f) a copy of a document filed under paragraph (e) is to be\ntreated as if it were the original document duly filed; and\n(g) a Judge or an Associate Judge may:\n(i) take evidence from witnesses who have taken the oath\nas witnesses at the hearing or conference; and\n(ii) exercise the same powers in relation to the parties and\nthe witnesses as if the parties and the witnesses were\nphysically in the presence of the Judge or Associate\n(3) In this rule:\nhearing or conference means a directions hearing, a listing\nhearing, a case management conference or a settlement\n48.24 Other proceedings\n(1) Subject to this Order, with the permission of a Judge or an\nAssociate Judge, a party may attend a hearing or conference by\nvideoconference or teleconference wherever the hearing is to take\n(2) A Judge or an Associate Judge may take evidence from witnesses\nwho take the oath as witnesses at a hearing or conference attended\nby a party under subrule (1) and may exercise the same powers in\nrelation to the parties and the witnesses as if the parties and the\nwitnesses were physically in the presence of the Judge or\n\nSupreme Court Rules 1987 195\n(3) A party intending to attend a hearing or conference under subrule\n(1) must, at least 24 hours before the time set for the hearing, seek\nthe permission of the Judge or Associate Judge required by that\nsubrule.\n(4) Permission to attend a hearing or conference under subrule (1) may\nbe granted without formality by telephone and without notice to the\n(5) A party who has been granted permission to attend a hearing or\nconference under subrule (1):\n(a) must give notice to the other parties of the party's intention to\nattend the hearing or conference under subrule (1) as a Judge\nor an Associate Judge directs; and\n(b) unless a Judge or an Associate Judge directs otherwise, must\nprovide and meet the expenses of the facilities necessary to\nenable the hearing or conference to be held by\nvideoconference or teleconference.\n(6) A Judge or an Associate Judge may:\n(a) on the Judge or Associate Judge's own motion, conduct a\nhearing or conference by videoconference or teleconference;\nand\n(b) for that purpose, give the directions the Judge or Associate\nJudge thinks fit.\n(7) In this rule:\nhearing or conference means a directions hearing, a listing\nhearing, a case management conference or a settlement\n48.25 Witness statements\n(1) At a directions hearing or listing hearing, the Judge or Associate\nJudge may:\n(a) order that the parties exchange, or that a party deliver to\nanother party, witness statements; and\n(b) give the directions the Judge or Associate Judge thinks\nnecessary to give effect to the order or give directions about\nthe use to which the statements may be put.\n\nSupreme Court Rules 1987 196\n(2) A witness statement:\n(a) is to be signed by the witness before it is exchanged or\ndelivered in pursuance of an order under subrule (1); and\n(b) is to be filed.\n(3) Where a witness statement is exchanged or delivered in pursuance\nof an order under subrule (1), the witness must confine the witness'\nevidence in chief at the trial to the matters dealt with in the\nstatement.\n(4) At a directions hearing or listing hearing at which it is proposed to\nmake an order under subrule (1), a party must be represented by\ncounsel or the solicitor who has actual charge of the proceeding for\nthe party.\n(5) In this rule, witness statement means a written statement of the\nevidence in chief of a witness proposed to be adduced from the\nwitness at the trial.\n48.26 Evidence at trial by videoconference\n(1) If a party intends to adduce evidence at the trial of a proceeding by\nmeans of a videoconference, not later than 4 weeks before the date\nfixed for the trial, the party must:\n(a) give to the other parties notice of that intention;\n(b) file a copy of the notice; and\n(c) deliver a copy of the notice to the trial Judge's associate.\n(2) A notice under subrule (1) is to:\n(a) state the name of the witness;\n(b) state the proposed time of the videoconference; and\n(c) be accompanied by a copy of a statement of the witness's\nevidence in chief signed by the witness.\n(3) Within 7 days after receiving a notice under subrule (1), a party may\nobject to the proposal contained in the notice.\n(4) An objection under subrule (3) is to be dealt with by the trial Judge.\n(5) If, within the period referred to in subrule (3), no objection to the\nproposal has been made, all parties to the proceeding are to be\ntaken to have consented to the proposal.\n\nSupreme Court Rules 1987 197\n(6) If an objection made in accordance with subrule (3) is upheld, the\ntrial Judge may order that, regardless of the outcome of the\nproceeding, the party objecting pay as costs to the party who\nproposed the videoconference the difference between the costs of\nadducing the evidence by means of a videoconference and the\ncosts of bringing the witness into the physical presence of the Court\nto adduce the evidence.\n(7) At a videoconference under this rule, the evidence in chief of the\nwitness is to be confined to the evidence in chief in the witness's\nstatement referred to in subrule (2)(c).\n(8) The party proposing to adduce evidence by a videoconference\nunder this rule must arrange and meet the expenses of the facilities\nnecessary for the witness to give the evidence and for the trial\nJudge and the other parties to see and hear that evidence as it is\n48.27 Self-executing orders\n(1) A Judge or an Associate Judge may make a self-executing order:\n(a) dismissing a proceeding; or\n(b) striking out a pleading in a proceeding;\nfor a party's failure to comply with these Rules or an order of the\n(2) An order under subrule (1) may be made:\n(a) despite that the default was that of the party's solicitor; and\n(b) despite that the default by the party or the party's solicitor was\nnot contumelious.\n(3) An order under subrule (1) is of no effect unless:\n(a) it is made in the presence of the parties; or\n(b) it is served personally on the party at fault within the time fixed\nby the Judge or Associate Judge for service of the order; or\n(c) it is served on the party at fault in accordance with an order for\nsubstituted service made by the Court.\n(4) For the purpose of enabling an order under subrule (1) to be served\nin accordance with subrule (3), the solicitor for the party at fault\nmust provide to the solicitor for the party in whose favour the order\nis made with the address of the party at fault that is last known to\n\nSupreme Court Rules 1987 198\nthe solicitor.\n(5) On an application by interlocutory summons in the matter made\nwithin one month after the making of an order under subrule (1), a\nJudge may reinstate the proceeding dismissed or the pleading\nstruck out despite that judgment may have been entered in the\nmatter.\n(6) Despite subrule (5), on a motion filed at any time with the special\nleave of a Judge, a Judge may reinstate a proceeding dismissed, or\na pleading struck out, under subrule (1).\n(7) A Judge who reinstates a proceeding or pleading under subrule (5)\nor (6):\n(a) may reinstate the proceeding or pleading on the terms as to\ncosts the Judge thinks fit, including a term that the costs\nthrown away be paid before the proceeding or pleading is\nreinstated; and\n(b) may require the party at fault to lodge with the Court security\nfor future costs in the proceeding.\n48.28 Experimental rules\n(1) For the purpose of considering the practicality of changing this\nOrder, the Chief Justice may by practice direction substitute the\nwhole or any part of this Order (other than this rule) with a new\nprocedure.\n(2) A practice direction made under subrule (1) is to:\n(a) state whether the new procedure is to apply to matters\ngenerally or only to a specified class of matters; and\n(b) specify the period (not exceeding 12 months) during which the\npractice direction is to apply.\n(3) The Chief Justice may by practice direction renew (with or without\nalteration) a practice direction made under subrule (1) for the\nspecified period (not exceeding 12 months) commencing when the\npractice direction being renewed expires.\n(4) A practice direction made or renewed under this rule has effect as if\nit were a rule under this Order and, to the extent of an inconsistency\nbetween it and another rule under this Order, is to prevail.\n\nSupreme Court Rules 1987 199\n49.01 Order of evidence and addresses\n(1) The Court may give directions as to the order of evidence and\naddresses and generally as to the conduct of the trial.\n(2) Subject to a direction given under subrule (1), where the burden of\nproof:\n(a) on a question lies on the plaintiff, the plaintiff shall begin;\n(b) on all the questions lies on the defendant, the defendant shall\nbegin.\n(3) Subject to a direction given under subrule (1):\n(a) where the only parties are one plaintiff and one defendant and\nthere is no counterclaim, the order of evidence and addresses\nshall be as provided by the following subrules; and\n(b) in any other case, the order of evidence and addresses shall\nbe as provided by those subrules with such changes as the\nnature of the case requires.\n(4) The party who begins may make an address opening his case and\nmay then adduce his evidence.\n(5) Where in the course of the case for the party who begins no\ndocument or thing is admitted in evidence on tender by the opposite\nparty and at the conclusion of that case:\n(a) the opposite party adduces evidence, he may first make an\nopening address and after adducing his evidence he may\nmake a closing address and thereafter the party who began\nmay make a closing address; or\n(b) the opposite party does not adduce evidence, the party who\nbegan may make a closing address and then the opposite\nparty may make an address.\n(6) Where in the course of the case for the party who begins a\ndocument or thing is admitted in evidence on tender by the opposite\nparty and at the conclusion of the case:\n(a) the opposite party adduces evidence, the order of proceedings\nshall be as provided by subrule (5)(a); or\n\nSupreme Court Rules 1987 200\n(b) the opposite party does not adduce evidence, he may make\nan address and then the party who began may make a closing\naddress.\n49.02 Absence of party\n(1) If when the trial of a proceeding is called on a party is absent, the\nCourt may:\n(a) order that the trial be not had unless the proceeding is again\nset down for trial or unless such other steps are taken as the\nCourt directs;\n(b) proceed with the trial generally or so far as concerns a claim\nfor relief in the proceeding;\n(c) adjourn the trial; or\n(d) where the party absent:\n(i) is the plaintiff – dismiss the plaintiff's claim; or\n(ii) is the defendant:\n(A) and the claim is one for which default judgment\nmay be entered under these Rules – strike out the\ndefendant's defence and enter judgment\naccordingly; or\n(B) give summary relief where, in the Court's opinion,\nsuch relief may be or ought to be given.\n(1A) In exercising a power under subrule (1)(b) or (1)(d), the Court may\ndirect that the proceeding continue before an Associate Judge and\nmay make such orders as shall be necessary to give effect to that\ndirection.\n(2) The Court may set aside or vary a judgment, order or verdict\nobtained where a party is absent at the trial.\n(3) An application under subrule (2) shall be made within 14 days after\nthe trial.\n49.03 Adjournment of trial\nThe Court may adjourn a trial on such terms as it thinks fit.\n\nSupreme Court Rules 1987 201\n49.04 Death before judgment\n(1) Where a party to a proceeding dies after the verdict or finding on\nthe questions of fact, the Court may give judgment notwithstanding\nthe death.\n(2) Subrule (1) does not affect the power of the Court under rules 9.08\nand 9.09.\n49.05 Certificate of Associate\nAt the conclusion of the trial of a proceeding the Associate at the\ntrial shall by certificate certify:\n(a) the times at which the trial commenced and concluded on\neach day;\n(b) every finding of fact by the jury, where the trial was with a jury;\n(c) the judgment of the Court; and\n(d) the order, if any, as to costs.\n50.01 Reference to referee\nWhere an order referring a question is made under section 26(1) of\nthe Act, the Court:\n(a) shall state the question referred; and\n(b) shall direct that the Associate Judge or referee make a report\nin writing to the Court on the question referred to the\nAssociate Judge or referee stating, with reasons, the\nAssociate Judge's or referee's decision or opinion; and\n(c) may direct that the Associate Judge or referee give such\nfurther information in the Associate Judge's or referee's report\nas it thinks fit.\n50.02 Directions as to procedure\n(1) Where an order referring a question is made under section 26(1) of\nthe Act, an Associate Judge or the Court may order that the referee\nhold a trial or make an inquiry that may be necessary to enable the\nreferee to decide the question referred or give the referee's opinion,\nas the case may be, and may give directions for the conduct of the\ntrial or inquiry.\n\nSupreme Court Rules 1987 202\n(2) Where an order is made under subrule (1) that the referee hold a\ntrial, without limiting the power of the Court to give directions for the\nconduct of the trial, the Court may direct that:\n(a) the referee have the same authority with respect to discovery\nof documents and interrogatories as the Court; or\n(b) the referee may adjourn the trial on such terms as the referee\nthinks fit; or\n(c) evidence be taken at the trial, and the attendance of witnesses\nand the production of documents compelled by subpoena, and\nthe trial conducted in the same manner as nearly as\ncircumstances will permit, as a trial is conducted before the\n50.03 Report on reference\n(1) The referee may in his report submit a question arising on the\nreference for the decision of the Court or make a statement of facts\nfound by him from which the Court may draw such inferences as it\n(2) On the receipt of the referee's report the Court:\n(a) shall give notice thereof to the parties; and\n(b) may by order:\n(i) require the referee to provide a further report explaining\na matter mentioned or not mentioned in the report;\n(ii) remit the whole or a part of the question originally\nreferred to the referee for further consideration by him or\nanother referee; or\n(iii) vary the report.\n(3) An application by a party for an order under subrule (2)(b) shall be\nmade on not less than 3 days' notice to the other party or parties.\n50.05 Committal\nNothing in this Order authorises a referee or an Associate Judge to\nmake an order of committal.\n\nSupreme Court Rules 1987 203\n50.06 Remuneration of referee\n(1) The Court may determine the remuneration of a referee and by\nwhat party or parties and in what proportion the remuneration is to\nbe paid either in the first instance or finally.\n(2) The Court may order a party to give security for the remuneration of\na referee.\n(3) The Court may order that the proceeding be stayed until an order\nmade under subrule (2) is complied with.\n(4) This rule, with the necessary changes, also applies to a reference\nunder an Act.\n51.01 Mode of assessment\nSubject to rule 51.05, damages under a judgment or order for\ndamages to be assessed shall, unless the Court otherwise orders,\nbe assessed by an Associate Judge.\n51.02 Notice to other party\n(1) The party against whom the damages are to be assessed may take\npart in the assessment.\n(2) The party for whom the damages are to be assessed shall, not later\nthan 14 days before the assessment is due, serve notice of the day,\ntime and place of the assessment on the other party to the\nassessment.\n(3) Notice under subrule (2) may be served at the address for service\nbut, if there is no address for service, it shall be served personally,\n51.03 Procedure on assessment\nThe attendance of witnesses and production of documents may be\ncompelled by subpoena in accordance with Order 42, and\nOrder 49, with the necessary changes, applies as if the assessment\nwere a trial of the proceeding.\n51.04 Order for damages\nWhere damages are assessed by an Associate Judge, the\nAssociate Judge shall, by order, state the amount at which they are\nassessed.\n\nSupreme Court Rules 1987 204\n51.05 Default judgment against some defendants\nWhere judgment for damages to be assessed is entered or given in\ndefault of appearance or pleading and the proceeding is continued\nagainst other defendants, the damages shall be assessed at the\ntrial, unless the Court otherwise orders.\n51.06 Continuing cause of action\nWhere damages are assessed, whether under this Order or\notherwise, in respect of a continuing cause of action, they shall be\nassessed down to the time of assessment.\n51.07 Value of goods\nThis Order, with the necessary changes, also applies to a judgment\nor order for the value of goods to be assessed, with or without\ndamages to be assessed.\n52.01 Account or inquiry at any stage\n(1) Except as provided in subrule (3), the Court may at any stage of a\nproceeding make an order for the taking of an account or the\nmaking of an inquiry.\n(2) Where the Court makes an order for the taking of an account, it\nmay order payment of an amount found to be due on taking the\naccount.\n(3) The Court shall not order that an account be taken:\n(a) as against a defendant who has not filed an appearance,\nunless he is in default of appearance; or\n(b) if it appears that there is a preliminary question to be tried.\n52.02 Directions for account\nWhere the Court makes an order for the taking of an account, it\nmay, by the same or later order:\n(a) give directions concerning the manner of taking or verifying\nthe account; and\n\nSupreme Court Rules 1987 205\n(b) without limiting paragraph (a), direct that in taking the account\nthe relevant books of account are evidence of the matters\ncontained in them with liberty to the parties interested to take\nobjections to those matters.\n52.03 Form and verification of account\n(1) The items on each side of an account shall be numbered\nconsecutively.\n(2) Unless the Court otherwise orders, an accounting party shall verify\nhis account by affidavit and the account shall be made an exhibit to\nthe affidavit.\n52.04 Filing and service of account\nAn accounting party shall, unless the Court otherwise orders:\n(a) file his account and verifying affidavit; and\n(b) without delay, serve a copy of the account and affidavit on\neach other party.\n52.05 Notice of charge, error in account\n(1) A party who seeks to charge an accounting party with an amount\nbeyond what the accounting party by his account admits receiving\nshall give to the accounting party notice of the charge, with brief\nparticulars, stating, so far as he is able, the amount which he seeks\nto charge.\n(2) A party who alleges that an item in the account of an accounting\nparty is erroneous in amount or otherwise shall give to the\naccounting party notice of the allegation, stating the grounds.\n52.06 Allowances\nIn taking an account under a judgment or order, all just allowances\nshall be made.\n52.07 Delay\nWhere there is delay in the prosecution of an account, inquiry or\nother matter under a judgment or order, the Court may make orders\nfor staying or expediting the proceeding, or for the conduct of the\nproceeding, as it thinks fit.\n\nSupreme Court Rules 1987 206\n52.08 Fund distribution before all entitled ascertained\nWhere some of the persons entitled to share in a fund are\nascertained and the ascertainment of the other persons so entitled\nmay be delayed, the Court may, by order, allow immediate payment\nof their shares to the persons ascertained without reserving any\npart of those shares to meet the subsequent costs of ascertaining\nthose other persons.\n53.01 Application\n(1) Subject to subrule (2), this Order applies where the plaintiff claims\nthe recovery of land which is occupied solely by a person who\nentered into occupation or, having been a licensee, remained in\noccupation without the plaintiff's licence or consent or that of a\npredecessor in title of the plaintiff.\n(2) This Order does not apply where the land is occupied by a\nmortgagor or successor in title and the claim is made by the\nmortgagee or successor in title or in respect of premises to which\n","sortOrder":12},{"sectionNumber":"Part 13","sectionType":"part","heading":"of the Business Tenancies (Fair Dealings) Act 2003 applies.","content":"Part 13 of the Business Tenancies (Fair Dealings) Act 2003 applies.\n53.02 Originating process\n(1) The plaintiff may make the claim in a proceeding in accordance with\nthis Order.\n(2) The proceeding shall be commenced by originating motion.\n(3) The originating motion shall be in Form 5E.\n53.03 Who to be defendant\n(1) Each person in occupation of the land whose name the plaintiff\nknows shall be a defendant.\n(2) If the plaintiff does not know the name of a person in occupation,\nthe proceeding may be commenced without naming a person as\n\nSupreme Court Rules 1987 207\n53.04 Affidavit in support\nAt the time the proceeding is commenced an affidavit shall be filed\nstating:\n(a) the interest of the plaintiff in the land and that the land does\nnot include premises to which Part 13 of the Business\nTenancies (Fair Dealings) Act 2003 applies;\n(b) the circumstances in which the land has been occupied\nwithout licence or consent and in which the claim for recovery\nof the land arises; and\n(c) that the plaintiff does not know the name of any person\noccupying the land who is not a defendant.\n53.05 Service\n(1) The originating motion and a copy of the affidavit and of an exhibit\nreferred to in the affidavit shall be served on each defendant, if any,\nand on any person occupying the land who is not a defendant.\n(2) Service on a defendant shall be personal.\n(3) Service on a person occupying the land who is not a defendant\nshall be effected:\n(a) by:\n(i) affixing a copy of the originating motion and a copy of\nthe affidavit to some conspicuous part of the land; and\n(ii) if practicable, leaving in the letter-box or other receptacle\nfor mail on the land a copy of the originating motion and\na copy of the affidavit enclosed in a sealed envelope\naddressed to \"The Occupiers\"; or\n(b) in such other manner as the Court directs.\n53.06 Occupier made a party\nThe Court may order that a person occupying the land who is not a\ndefendant be made defendant or added as a defendant, as the\ncase requires, and that he file an appearance.\n53.07 Judgment for possession\nIn a proceeding under this Order, a judgment for possession must\nbe in Form 53A.\n\nSupreme Court Rules 1987 208\n53.08 Warrant of possession\n(1) In relation to a proceeding under this Order, a person may issue a\nwarrant of possession to enforce a judgment for possession only if:\n(a) 3 months have elapsed since the judgment for possession\ntook effect; and\n(b) the leave of the Court has been obtained.\n(2) An application for leave under subrule (1) may be made without\nnotice to any person, unless the Court otherwise orders.\n(3) A warrant of possession to enforce a judgment for possession in a\nproceeding under this Order shall be in Form 53B.\nOrder 54 Administration of estates and execution of\ntrusts\n54.01 Definitions\nadministration proceeding means a proceeding for the\nadministration of an estate or the execution of a trust under the\ndirection of the Court.\nestate means the estate of a deceased person.\n54.02 Relief without general administration\n(1) A proceeding may be brought for any relief which could be granted\nin an administration proceeding and a claim need not be made for\nthe administration or execution under the direction of the Court of\nthe estate or trust in respect of which the relief is sought.\n(2) Without limiting subrule (1), a proceeding may be brought for:\n(a) the determination of a question which could be determined in\nan administration proceeding, including a question:\n(i) arising in the administration of an estate or in the\nexecution of a trust;\n(ii) as to the composition of a class of persons having a\nclaim against an estate or a beneficial interest in an\nestate or in property subject to a trust; or\n\nSupreme Court Rules 1987 209\n(iii) as to the rights or interests of a person claiming to be a\ncreditor of an estate or to be entitled under the will or on\nthe intestacy of a deceased person or to be beneficially\nentitled under a trust;\n(b) an order directing an executor, administrator or trustee to:\n(i) furnish and, if necessary, verify accounts;\n(ii) pay funds of the estate or trust into court; or\n(iii) do or abstain from doing an act; or\n(c) an order:\n(i) approving a sale, purchase, compromise or other\ntransaction by an executor, administrator or trustee; or\n(ii) directing an act to be done in the administration of an\nestate or in the execution of a trust which the Court\ncould order to be done if the estate or trust were being\nadministered or executed under the direction of the\n54.03 Parties\nIn an administration proceeding or a proceeding within rule 54.02:\n(a) all the executors of the will of the deceased or administrators\nof the estate or trustees of the trust, as the case may be, are\nparties;\n(b) where the proceeding is brought by executors, administrators\nor trustees, any of them who does not consent to being joined\nas a plaintiff shall be made a defendant;\n(c) notwithstanding anything in rule 9.03(1), and without limiting\nthe powers of the Court under Order 9, all persons having a\nbeneficial interest in or claim against the estate or having a\nbeneficial interest under the trust, as the case may be, need\nnot be parties and the plaintiff may make such of those\npersons parties as he thinks fit; and\n(d) where in the taking of an account of debts or liabilities under a\njudgment or order in the proceeding a person not a party\nmakes a claim:\n(i) a party other than the executors or administrators or\ntrustees shall not be entitled to attend before the Court in\nrelation to that claim, except by leave of the Court; and\n\nSupreme Court Rules 1987 210\n(ii) the Court may direct or allow a party to attend before the\nCourt either in addition to or in substitution for the\nexecutors, administrators or trustees.\n54.04 Notice of proceeding and judgment\n(1) In an administration proceeding or a proceeding within rule 54.02,\nnotwithstanding anything in rule 54.03, the Court may order that a\nperson not a party be given notice of the proceeding and of a\njudgment in the proceeding.\n(2) On the application of a person given notice under subrule (1), the\nCourt may, in accordance with rule 9.06(b), order that the person\nbe added as a party.\n54.05 Relief in proceeding by originating motion\n(1) In an administration proceeding or a proceeding within rule 54.02,\nthe Court may make an order and grant a relief to which the plaintiff\nis entitled by reason of breach of trust, wilful default or other\nmisconduct of the defendant, notwithstanding that the proceeding\nwas commenced by originating motion.\n(2) Subrule (1) does not limit the powers of the Court under rule 4.07.\n54.06 Judgment in administration proceeding\n(1) The Court need not give judgment or make an order for the\nadministration of an estate or the execution of a trust under the\ndirection of the Court unless the judgment or order is necessary for\nthe determination of the questions arising between the parties.\n(2) Where an administration proceeding is brought by a creditor of the\nestate or by a person claiming to be entitled under the will or on the\nintestacy of the deceased or to be beneficially entitled under the\ntrust, the Court may:\n(a) if it is alleged that no or no sufficient accounts have been\nfurnished by the executors, administrators or trustees, order\nthat the proceeding be stayed for a period specified in the\norder and that the executors, administrators or trustees shall,\nwithin that period, furnish the plaintiff with proper accounts;\nand\n(b) if necessary to prevent proceedings by other creditors or by\nother persons claiming to be entitled, give judgment or make\nan order for the administration of the estate or the execution of\nthe trust under the direction of the Court and order that no\nsteps be taken under the judgment or order, or under an\naccount or inquiry directed, without the leave of the Court.\n\nSupreme Court Rules 1987 211\n54.07 Conduct of sale\nWhere the Court makes an order for the sale of property comprised\nin an estate, or trust property, the executors or administrators, or\nthe trustees, as the case requires, shall, unless the Court otherwise\norders, have the conduct of the sale.\n55.01 Definition\nIn this Order land includes an interest in or right over land.\n55.02 Power to order sale\nIn a proceeding relating to land, where it is necessary or expedient\nfor the purposes of the proceeding, the Court at any stage of the\nproceeding may order that the whole or a part of the land be sold\nand may further order that a party in receipt of the rents or profits of\nthe land or otherwise in possession of the land deliver possession\nto such person as the Court directs.\n55.03 Notice of application\n(1) Except for special reason, an order under rule 55.02 for the sale of\nland shall not be made unless notice in writing has been given to\nevery person interested in the land, whether or not a party.\n(2) An order for sale shall state whether notice has been given to every\nperson interested in the land and, if it has not, shall state what\nspecial reason exists for making the order notwithstanding.\n55.04 Manner of sale\n(1) This rule applies where the Court makes an order under rule 55.02\nthat land be sold.\n(2) The Court may appoint a party or other person to have the conduct\nof the sale.\n(3) The Court may permit the person having the conduct of the sale to\nsell the land in such manner as he thinks fit.\n(4) The Court may direct a party to join in the sale and conveyance or\ntransfer or in any other matter relating to the sale.\n\nOrder 55A Application for appointment as public notary\nSupreme Court Rules 1987 212\n(5) The Court may give further directions for the purpose of the sale,\nincluding directions:\n(a) fixing the manner of sale, whether by contract conditional on\napproval of the Court, private treaty, public auction or tender\nor otherwise;\n(b) fixing a reserve or minimum price;\n(c) requiring payment of the purchase money into court or to a\ntrustee or other person;\n(d) for settling the particulars and conditions of sale;\n(e) for obtaining evidence of value; or\n(f) fixing the remuneration to be allowed to an auctioneer, estate\nagent or other person.\n55.05 Certifying result of sale\n(1) Where the Court has directed payment of the purchase money into\ncourt or the Court so orders, the result of a sale by order of the\nCourt shall be certified:\n(a) in the case of a sale by public auction – by the auctioneer who\nconducted the sale; and\n(b) in any other case – by the person having the conduct of the\nsale or his solicitor,\nand the Court may require that the certificate be verified by affidavit.\n(2) The person having the conduct of the sale shall file the certificate\nand affidavit.\n(3) Unless the Court otherwise orders, the certificate and affidavit shall\nbe filed within 21 days after the sale.\n55.06 Mortgage, exchange or partition\nThis Order, with the necessary changes, also applies to the\nmortgage, exchange or partition of land under an order of the Court.\nOrder 55A Application for appointment as public notary\n55A.01 Publication of notice of proposed application\n(1) Notice of a proposed application under section 4(1) of the Public\nNotaries Act 1992 for appointment as a public notary must be\n\nSupreme Court Rules 1987 213\npublished in a newspaper circulating generally throughout the\nTerritory at least 14 days before the application is filed.\n(2) The notice must be in Form 55A-A.\n55A.02 Application\n(1) An application under section 4(1) of the Public Notaries Act 1992\nfor appointment as a public notary must be made by originating\nmotion in Form 5D.\n(2) The application must be supported by an affidavit by the applicant\nthat sets out:\n(a) evidence of the matters of which the Court must be satisfied\nunder section 4(2) of the Public Notaries Act 1992; and\n(b) evidence that rule 55A.01 has been complied with.\n(3) Without limiting subrule (2)(a), a criminal history report for the\napplicant that was issued not more than 30 days before the date of\nthe application must be annexed to the affidavit.\n(4) The application and affidavit must be served on the Law Society\nNorthern Territory within 14 days after the date on which the\napplication is filed.\n56.01 Judgment or order instead of writ\n(1) Subject to any Act, the jurisdiction of the Court to grant relief or a\nremedy in the nature of certiorari, mandamus, prohibition or quo\nwarranto shall be exercised only by way of judgment or order\n(including interlocutory order) and in a proceeding commenced in\naccordance with this Chapter.\n(2) The proceeding shall be commenced by originating motion.\n56.02 Time for commencement of proceeding\n(1) A proceeding under this Order shall be commenced within 60 days\nafter the date when grounds for the grant of the relief or remedy\nclaimed first arose.\n(2) Where the relief or remedy claimed is in respect of a judgment,\norder, conviction, determination or proceeding, the date when the\ngrounds for the grant of the relief or remedy first arose shall be\ntaken to be the date of the judgment, order, conviction,\n\nSupreme Court Rules 1987 214\ndetermination or proceeding.\n(3) The Court shall not extend the time fixed by subrule (1) except in\nspecial circumstances.\n57.01 Definition\nIn this Order writ means a writ of habeas corpus.\n57.02 Application for writ\n(1) A writ shall not issue except by order of the Court.\n(2) An application for a writ shall be made to a Judge.\n(3) The person making the application, whether or not he is the person\nrestrained, shall be the plaintiff and the person against whom the\nissue of the writ is sought shall be the defendant in the proceeding.\n(4) The application shall be made on notice to the defendant.\n(5) Notice shall be by summons and, subject to rule 57.05, service of\nthe summons shall be personal.\n(6) The application shall be supported by an affidavit by the person\nrestrained showing that it is made at his instance and stating the\nnature of the restraint.\n(7) Where the person restrained is unable for any reason to make the\naffidavit referred to in subrule (6), the affidavit may be made by\nanother person and it shall show that the person restrained is\nunable to make the affidavit.\n(8) In an urgent case, the Court may dispense with compliance with a\nrequirement of subrules (4) to (7) inclusive.\n(9) Order 46, with the necessary changes, applies to an application\n57.03 Order on application\n(1) On an application under rule 57.02 the Court may:\n(a) order that a writ shall issue; or\n(b) order that the person restrained be released.\n\nSupreme Court Rules 1987 215\n(2) Where an order is made under subrule (1)(a), the Court shall give\ndirections as to the Judge before whom, and the date on which, the\nwrit is returnable.\n(3) A writ shall be in Form 57A.\n(4) Subject to rule 57.05, a writ shall be served personally on each\n(5) An order that the person restrained be released shall be a sufficient\nwarrant to the Director of Correctional Services, a Prison Officer in\ncharge of a prison, a member of the Police Force or other person\nfor the release of the person from restraint.\n(6) The Court may make an order under subrule (1) notwithstanding\nthat the application is not made on notice to the defendant.\n57.04 Further application for writ\nWhere an order for a writ is refused, an application for a writ shall\nnot be made again in respect of the same person on the same\ngrounds, whether to the same Judge or to another Judge, unless\nfresh evidence is adduced.\n57.05 Service\nWhere the Director of Correctional Services, a member of the\nPolice Force or other public official is a defendant, in an urgent\ncase, the summons or writ may be served on that defendant by\nleaving it for him at his office or other place of employment with a\nperson apparently employed there and who apparently has attained\nthe age of 18 years.\n57.06 Disobedience\n(1) A writ may be enforced by:\n(a) committal of the defendant;\n(b) sequestration of the property of the defendant;\n(c) where the defendant is a corporation, without limiting\nparagraph (b):\n(i) committal of an officer of the corporation;\n(ii) sequestration of the property of an officer of the\ncorporation,\nor by any combination of those means.\n\nSupreme Court Rules 1987 216\n(2) Nothing in subrule (1) affects the power of the Court to punish for\ncontempt.\n57.07 Return to the writ\n(1) The defendant shall make a return to the writ by filing a notice\nstating the grounds of detention of the person restrained and\nserving a copy on the plaintiff at or before the time the writ is\nreturnable.\n(2) By leave of the Court the defendant may amend the notice or file\nand serve another notice in substitution for the notice.\n57.08 Person detained before Court\nWhere a person detained is brought before the Court pursuant to a\nwrit, the Court shall make such order concerning his custody as it\n57.09 Production of person in confinement, to testify\n(1) An application for the issue of a writ of habeas corpus for an order\nfor the production of a person in confinement to give evidence in a\nproceeding, civil or criminal, before a court or tribunal shall be made\nto a Judge by summons.\n(2) Order 46, with the necessary changes, applies to an application\n(3) Nothing in subrule (1) limits the power of the Court under any Act to\nmake an order otherwise than on application by summons that an\naccused person committed to prison be brought before the Court.\n59.01 General relief\nThe Court may, at any stage of a proceeding, on the application of\na party, give such judgment or make such order as the case\nrequires, notwithstanding that the judgment or order had not been\nsought in the originating process or other document of the party in\n59.02 Date of effect\n(1) A judgment given or order made by the Court shall bear the date of\nand take effect on and from the day it is given or made, unless the\n\nSupreme Court Rules 1987 217\n(2) Any other judgment shall bear the date of and shall take effect on\nand from the day it is authenticated in accordance with Order 60.\n(3) Subject to subrule (4), a judgment debt carries interest from the\ndate of judgment at the rate per annum fixed for section 52(2)(a) of\nthe Federal Court of Australia Act 1976 (Cth) from time to time.\n(4) Where immediately before 1 September 1987 a judgment debt\ncarried interest, the rate of interest per annum payable on that\njudgment debt on and from that date until 1 July 1988 is the rate of\ninterest applying to Ten Year Commonwealth Bonds on\n(5) For the purposes of this rule, the rate of interest applying to Ten\nYear Commonwealth Bonds on a particular date is the rate advised\nby the Northern Territory Treasury as applying on that date.\n59.03 Time for compliance\n(1) Subject to subrule (3), a judgment or order which requires a person\nto do an act shall provide, unless the Court otherwise orders, that\nthe act be done within 7 days after service of a copy of the\njudgment or order on him.\n(2) Where a judgment or order requires a person to do an act within a\nfixed time, the Court may, by order, fix another time.\n(3) Subrule (1) does not apply to:\n(a) so much of a judgment as requires a person to pay money\notherwise than into court;\n(b) a judgment for possession of land; or\n(c) a judgment for the delivery of goods.\n(4) Where a judgment or order requires a person to do an act but does\nnot fix a time within which it is required to be done, the Court may,\nby order, fix a time.\n(5) Where the Court fixes a time under subrule (4), it may, by\nsubsequent order, fix another time.\n59.04 Statement of reasons for judgment\nWhere the Court gives a judgment or makes an order the reasons\nfor which have been reduced to writing, it shall be sufficient to state\nthe result orally without reasons, but the written reasons shall then\nbe published by delivery to the Associate or, where an Associate\nJudge gives the judgment or makes the order, to the Associate\n\nSupreme Court Rules 1987 218\nJudge's secretary.\n59.05 Notice of judgment to non-party\n(1) This rule applies where the Court gives judgment or makes an\norder for:\n(a) the administration of the estate of a deceased person;\n(b) the execution of a trust; or\n(c) the sale of property.\n(2) Where the judgment or order:\n(a) affects the rights of a person not a party; or\n(b) directs the taking of an account or the making of an inquiry,\nthe Court may by the judgment or order, or by subsequent order,\ndirect that notice of the judgment be served on a person interested.\n(3) The Court may direct that notice under subrule (2) be served\npersonally or in some other manner and, where it appears that\nservice is impracticable, may dispense with service.\n(4) A notice of judgment served under subrule (2) shall be endorsed in\naccordance with Form 59A.\n(5) Where under this Rule notice of a judgment is served on a person,\nor the Court dispenses with service of notice of judgment on a\nperson:\n(a) subject to subrule (6), the person shall be bound by the\njudgment to the same extent as if he were a party at the time\nthe judgment or order was given or made, except where the\njudgment or order has been obtained by fraud or\nnon-disclosure of material facts; and\n(b) he may, after filing an appearance, attend on the taking of the\naccount or the making of the inquiry under the judgment or\n(6) The Court may set aside or vary the judgment or order on the\napplication of a person referred to in subrule (2).\n(7) An application under subrule (6) shall be made by summons, which\nshall be filed:\n(a) if notice of the judgment or order has been served on the\napplicant – within 14 days after service; or\n\nSupreme Court Rules 1987 219\n(b) if the Court has dispensed with service of notice – within\n14 days after the day the order dispensing with service was\n59.06 Consent orders\n(1) This rule does not apply if one or more of the parties to a\nproceeding is a person who is under a disability.\n(2) Subject to subrule (3), if the parties to a proceeding consent to the\nmaking of a judgment or order in the proceeding, each of the\nparties (or their solicitors) may sign and file a written consent to the\nmaking of the judgment or order.\n(3) When written consent to a judgment or order is filed under\nsubrule (2), the Registrar may bring the matter before a Judge who\nmay, without any further application made to or further hearing by,\nthe Judge, direct the Registrar to draw up the judgment or order in\naccordance with the terms of the consent and sign and seal the\njudgment or order.\n(4) A judgment or order referred to in subrule (3) is to state that it is\nmade by consent.\n(5) A judgment or order referred to in subrule (3) has the same force\nand validity as if it were made after a hearing by the Judge.\n(6) This rule does not limit or otherwise affect the powers of an\nAssociate Judge under rule 77.01(2).\nOrder 60 Authentication and filing of judgments and\norders\n60.01 When authentication required\n(1) Unless the Court otherwise orders, a judgment or an order shall not\nbe enforced under this Chapter and an appeal which has been\ninstituted from a judgment or an order shall not be heard until the\njudgment or order has been authenticated in accordance with this\nOrder and filed.\n(2) Except where the Court otherwise orders, no judgment:\n(a) shall be entered or step taken; or\n(b) shall be given,\npursuant to an order or in consequence of the failure of a party to\ncomply with an order unless, before being so entered, taken or\n\nSupreme Court Rules 1987 220\ngiven, the order is authenticated in accordance with this Order and\nfiled.\n60.02 Mode of authentication\n(1) A judgment is authenticated when a form of the judgment, drawn up\nand settled in accordance with this Order, is sealed by a Registrar\nwith the seal of the Court.\n(2) An order is authenticated when a form of the order, drawn up and\nsettled in accordance with this Order is sealed by a Registrar with\nthe seal of the Court or, in the case of an order to which rule 60.04\napplies, is signed by a Judge or an Associate Judge.\n60.03 Drawing up of judgment or order\n(1) The form of a judgment or order shall be drawn up by the party\nrequiring it to be authenticated and lodged by the party with a\nRegistrar to be settled.\n(2) Notwithstanding subrule (1), a party may lodge with the Court a\nminute of a judgment or order in a particular form and when the\nminute is initialled by a Judge or the an Associate Judge, as the\ncase may be, it has the effect of a settled draft and it is not\nnecessary for the party to lodge a form of a draft of judgment or\norder for settlement by a Registrar.\n(3) A Registrar may, on the request of a party, draw up and settle the\nform of a judgment or order.\n60.04 Order signed by Judge or Associate Judge\n(1) Notwithstanding anything in this Order, where the Judge or\nAssociate Judge by whom the order was made so directs, an order\nmay be drawn up by a party and signed by the Judge or Associate\nJudger.\n(2) Where that Judge or Associate Judge is unable for sufficient cause\nto sign the order, it may be signed by another Judge or Associate\n60.05 Recitals in judgments and orders\n(1) A judgment or order shall not include by way of recital a matter not\nprovided for in subrule (2).\n(2) A judgment or order shall, by way of recital, specify:\n(a) the originating or other process on which it was obtained;\n\nSupreme Court Rules 1987 221\n(b) whether a party who was entitled to appear on the hearing of\nthe application to which the judgment or order relates did or\ndid not appear and, if he did, whether in person or by legal\npractitioner;\n(c) a finding by the Court of fact essential to ground jurisdiction;\n(d) the terms of an undertaking given by a party; and\n(e) such other matters as the Court directs.\n(3) Where the Court so orders or a party so requires, a judgment or\norder shall, by way of annexure, identify the evidence before the\n60.06 Drawing up and settling\n(1) Where a Registrar is requested to draw up or settle the form of a\njudgment or order, he may appoint a time and place for the\nattendance of a party to settle the draft.\n(2) Where a draft form of a judgment or order is lodged by a party with\na Registrar to be settled, the Registrar may:\n(a) settle the draft without an appointment for the attendance of a\n(b) appoint a time and place for the attendance of a party to settle\nthe draft.\n(3) Where a Registrar makes an appointment to settle the draft of a\njudgment or order, he shall give notice of the appointment to the\nparty requesting that the form of the judgment or order be drawn up\nor settled or to the party lodging a draft form of the judgment or\norder to be settled, as the case may be.\n(4) That party shall serve notice of the appointment on the other party,\nunless the Registrar otherwise directs.\n(5) The notice shall be served not later than 2 days before the\nappointed day.\n(6) On the appointment to settle, the Registrar may proceed in the\nabsence of a party.\n(7) The Registrar shall, on or after the appointment, settle the draft.\n60.07 Copy of judgment or order\nA Registrar shall, on the request of a party, seal a reasonable\n\nSupreme Court Rules 1987 222\nnumber of copies of a judgment or order.\n60.08 Form of judgment or order\nThe forms of judgments and orders in Forms 60A to 60L shall,\nwhere appropriate, be used.\n62.01 Definitions\ndefendant includes a person against whom a claim is made in a\ndefence includes a defence to a counterclaim and defence to a\nstatement of a third party claim.\nplaintiff includes a person who makes a claim in a proceeding.\n62.02 When to give security\n(a) the plaintiff is ordinarily resident out of the Territory;\n(b) the plaintiff is a corporation or (not being a plaintiff who sues in\na representative capacity) sues not for his own benefit but for\nthe benefit of another person and there is reason to believe\nthat the plaintiff has insufficient assets in the Territory to pay\nthe costs of the defendant if ordered to do so;\n(c) a proceeding by the plaintiff in another court for the same\nclaim is pending;\n(d) subject to subrule (2), the address of the plaintiff is not stated\nor is not stated correctly in his originating process;\n(e) the plaintiff has changed his address after the commencement\nof the proceeding in order to avoid the consequences of the\n(f) under an Act or the Corporations Act 2001 the Court may\nrequire security for costs,\nthe Court may, on the application of a defendant, order that the\nplaintiff give security for the costs of the defendant of the\nproceeding and that the proceeding as against the defendant be\nstayed until the security is given.\n\nSupreme Court Rules 1987 223\n(2) The Court shall not require a plaintiff to give security by reason only\nof subrule (1)(d) if in failing to state his address or to state his\ncorrect address the plaintiff acted innocently and without intention\nto deceive.\n62.03 Manner of giving security\nWhere an order is made requiring the plaintiff to give security for\ncosts, security shall be given in the manner and at the time the\nCourt directs.\n62.04 Failure to give security\nWhere a plaintiff fails to give the security required by an order, the\nCourt may dismiss his claim.\n62.05 Variation or setting aside\nThe Court may set aside or vary an order requiring a plaintiff to give\nsecurity for costs.\nOrder 63 Costs\n63.01 Interpretation\nadministrative assistant means a person other than a solicitor,\nlaw clerk, graduate clerk or legal secretary.\nAppendix means the appendix to this Order.\nbill means a bill of costs, an account, or a statement of charges.\nclerk means an administrative assistant, graduate clerk, law clerk\nor legal secretary.\ncosts includes disbursements.\ngraduate clerk means a person who holds a law degree but is not\nadmitted to the legal profession.\nindemnity basis, in relation to the taxing of costs, is the basis on\nwhich costs are taxed in accordance with rule 63.27.\nlaw clerk means a person who does not hold a law degree but has\nsufficient experience to be able to conduct legal matters with\n\nSupreme Court Rules 1987 224\nminimal supervision by a solicitor.\nlegal secretary means a person who has particular experience and\nskills in legal secretarial work and is capable of preparing and\nformatting legal documents on the instructions of a solicitor.\nparty includes:\n(a) a person, not a party to the proceeding, by or to whom costs in\nrespect of a proceeding are payable by or under an Act, these\nRules or an order of the Court; or\n(b) in the case of a proceeding in another court or before a\ntribunal or an arbitration, a person, whether or not a party to\nthe proceeding or arbitration, by or to whom costs in respect of\nthe proceeding or arbitration are payable where by or under\nan Act, these Rules or an order of the Court the costs are to\nbe taxed in the Court.\nstandard basis, in relation to the taxing of costs, is the basis on\nwhich costs are taxed in accordance with rule 63.26.\ntaxed costs means costs taxed in accordance with this Order.\nTaxing Master means the Associate Judge or the Registrar, or\nanother officer of the Court so directed under subrule (3) by the\nTaxing Master, conducting a taxation of costs under this Order.\ntrustee includes an executor of a will and an administrator of the\nestate of a deceased person.\n(2) In this Order, unless the contrary intention appears:\n(a) a reference to a fund, being a fund out of which costs are to\nbe paid, or being a fund held by a trustee, includes a\nreference to property held for the benefit of a person or class\nof persons (including the assets of a company in liquidation) or\nheld on trust for any purpose; and\n(b) a reference to a fund held by a trustee includes a reference to\nother property to which the trustee is entitled as trustee,\nwhether alone or together with another person and whether or\nnot the property is for the time being in the possession of the\ntrustee.\n(3) The Associate Judge may direct an officer of the Court to conduct a\ntaxation of costs under this Order but an officer so directed shall not\nconduct such a taxation if a party to the taxation, or a party's\nsolicitor, objects to the officer conducting the taxation.\n\nSupreme Court Rules 1987 225\n63.02 Application\n(1) This Order applies to costs payable or to be taxed under these\nRules or an order of the Court and to costs to be taxed by the\nTaxing Master under any Act.\n(2) When used in an order for costs, but subject to rule 63.03, the\nfollowing words have the following effect indicated opposite to\nthem:\nCosts Where this order is made in an application in a\nproceeding, the party in whose favour it is made:\n(a) is entitled to his costs in respect of that application\nwhatever the outcome of the proceeding; and\n(b) is entitled to have his costs taxed.\nCosts here and\nbelow\nThe party in whose favour this order is made is entitled not\nonly to his costs in respect of the proceeding in which it is\nmade, but also to his costs of the same proceeding in a\nlower court or tribunal.\nCosts in any\nevent\nThis order has the same effect as an order for costs made\nin an application in a proceeding.\nCosts in the\nproceeding\nThe party who is successful in the proceeding is entitled to\nthe party's costs of the application, or part of the\nproceeding, in respect of which this order is made.\nCosts reserved Subject to Rule 63.20, the party in whose favour an order\nfor costs is made at the conclusion of a proceeding is\nentitled to the costs of any application in that proceeding\nin respect of which the order is made.\nCosts of the day Includes all costs thrown away, including an allowance for\nwork actually done by counsel on the day but not the fee\npayable to counsel on brief.\nCosts thrown\naway\nWhere an application or a proceeding, or part of it, has\nbeen ineffective or has been subsequently set aside, the\nparty in whose favour this order is made is entitled to his\ncosts of that proceeding or part (as the case may be) in\nrespect of which it is made.\nNo order as to\ncosts\nThis order means that each party pays his own costs.\nPlaintiff's costs\nin the\nThe plaintiff or defendant (as the case may be) is entitled\nto his costs of the application in a proceeding in respect of\n\nSupreme Court Rules 1987 226\nproceeding or\nDefendant's\ncosts in the\nproceeding\nwhich such an order is made, if judgment is given in his\nfavour in the proceeding, but he is not liable to pay the\ncosts of a party in respect of that application if judgment is\ngiven in favour of another party in the proceeding.\n63.03 General rule\n(1) Subject to these Rules and any other law in force in the Territory,\nthe costs of a proceeding are in the discretion of the Court.\n(2) Where in the opinion of the Taxing Master or the Court the strict\napplication of this Order (other than this subrule) would result in an\nanomaly, the Taxing Master or the Court may tax costs, or make\nsuch order in relation to costs, as he or it thinks equitable in the\ncircumstances and the costs so taxed or ordered are payable and\nmay be enforced under this Order accordingly.\n63.04 Time for order for costs, taxation and payment\n(1) The Court may exercise its power and discretion as to costs at any\nstage of a proceeding or after the conclusion of the proceeding.\n(2) Subject to this rule, the costs a party is required to pay under these\nRules or an order of the Court shall be paid immediately.\n(3) Subject to subrule (4), where:\n(a) the Court makes an interlocutory order for costs; or\n(b) costs are payable by virtue of these Rules without an order for\ncosts,\nthose costs shall not be taxed until the conclusion of the proceeding\nto which they relate.\n(4) If it appears to the Court when making an interlocutory order for\ncosts or at a later time that all or a part of the costs ought to be\ntaxed at an earlier stage, it may order accordingly.\n(5) In the case of an appeal, the costs of the proceeding giving rise to\nthe appeal, as well as the costs of the appeal, may be dealt with by\nthe Court hearing the appeal.\n63.05 Costs of question or part of proceeding\nThe Court may make an order for costs in relation to a particular\nquestion in, or a particular part of, a proceeding.\n\nSupreme Court Rules 1987 227\n63.06 By whom costs to be taxed\nUnless the Court otherwise orders, costs taxed in accordance with\nthis Order shall be taxed by the Taxing Master.\n63.07 Other orders for payment of costs\nWhere the Court orders that costs be paid to a party, it may then or\nat a later time order that, as to the whole or a part of the costs\nspecified in the order, that party is entitled to:\n(a) a portion (specified in the order) of taxed costs;\n(b) taxed costs from or up to a stage of the proceeding specified\nin the order; or\n(c) a gross amount specified in the order instead of taxed costs.\n63.08 Cost on writ and on default judgment\n(1) For the purpose of rule 5.09, a plaintiff may claim for costs in a writ\nan amount in accordance with item 1 in the scale in Part 4 of the\nAppendix and, if the plaintiff so claims, rule 5.09(3) does not apply.\n(2) Where judgment is entered for costs under rule 21.03(2), unless the\nCourt otherwise orders, the costs shall not be taxed but shall be in\naccordance with the appropriate item in the scale in Part 4 of the\n63.09 Costs in Local Court, &c.\nWhere proceedings in the Local Court or before a tribunal are\nremitted or transferred to or removed into the Court, or an appeal to\nthe Court is brought from another court or a tribunal, and the Court\nmakes an order as to the costs of proceedings in that court or\nbefore that tribunal, the Court may:\n(a) specify the amount of the costs to be allowed;\n(b) order that the costs be taxed in the Court in accordance with\nthis Order; or\n(c) order that the amount of the costs be determined in the court\nor tribunal in such manner as that court or tribunal directs.\n63.10 No order for taxation required in certain cases\n(a) the Court makes an order for the payment of costs;\n\nSupreme Court Rules 1987 228\n(b) a proceeding is dismissed with costs;\n(c) an application in a proceeding is refused with costs;\n(d) a party is otherwise liable under these Rules to pay the costs\nof another party;\n(e) a party may tax costs under these Rules; or\n(f) the parties have agreed in writing that costs payable by\none party to another may be taxed and the agreement is filed,\nthe costs may be taxed without an order for taxation.\n63.11 No order for costs required in certain cases\n(1) Where an application is made to set aside a pleading on the ground\nof irregularity and that application is dismissed, the party who made\nthe application shall pay the costs of every other party to the\n(2) Where a plaintiff, by notice in writing in accordance with these\nRules, accepts money paid into court in satisfaction of his claim or\naccepts money paid in satisfaction of one or more of his claims and\ngives notice that he abandons the others, he is entitled to his costs\nof the action incurred up to the time of giving notice of acceptance\nand the costs of obtaining payment out of court of the money.\n(3) Where, in a proceeding for defamation against several defendants\nsued jointly, a plaintiff, by notice in writing, accepts money paid into\ncourt by one of the defendants, the plaintiff is entitled to his costs of\nthe proceeding against that defendant incurred up to the time of\ngiving notice of acceptance and the costs of obtaining payment out\nof court of the money.\n(4) A defendant who has counterclaimed is entitled to the costs of the\ncounterclaim if:\n(a) he pays money into Court and his notice of payment in states\nthat he has taken into account and satisfied the claims in\nrespect of which he counterclaims; and\n(b) the plaintiff accepts the money paid in,\nbut the costs of that counterclaim are limited to those incurred up to\nthe time when the defendant received notice of acceptance by the\nplaintiff of the money paid into court.\n(5) Where a party applies for an extension or abridgement of a time\nfixed by these Rules or by an order fixing, extending or abridging\n\nSupreme Court Rules 1987 229\ntime, he shall pay the costs of and occasioned by the application.\n(6) A party who discontinues a proceeding or with-draws part of a\nproceeding, counterclaim or claim by third party notice shall pay the\ncosts of the party to whom the discontinuance or withdrawal relates\nto the time of the discontinuance or withdrawal.\n(7) A party who amends:\n(a) a pleading without leave of the Court; or\n(b) a pleading or other document by leave,\nshall pay the costs of and occasioned by the amendment and the\ncosts thrown away because of the amendment.\n(8) The costs of and occasioned by an adjournment made necessary\nby the default of a party shall be borne by that party.\n(9) This rule is subject to such other order as the Court makes.\n63.12 Enforcement of order of Taxing Master\n(1) Where costs are taxed otherwise than under a judgment or order\nfor costs, an order of the Taxing Master for payment of an amount\nfound to be due may be enforced in the same manner as a\njudgment for the payment of money.\n(2) Subrule (1) extends to an interim order for payment of an item in a\nbill of costs made under rule 63.54(3).\n63.13 Costs in account\nWhere the Court orders that an account be taken and the account\nconsists in part of costs, the Court may, then or at a later date,\ndirect that those costs be fixed or be taxed in accordance with this\nOrder.\n63.14 Order for payment\nSubject to these Rules, a party to a proceeding is not entitled to\nrecover any costs of the proceeding from another party except by\norder of the Court.\n63.15 Offer of compromise\nWhere an offer of compromise is served and the offer has not been\naccepted at the time of verdict or judgment, liability for costs shall\n\nSupreme Court Rules 1987 230\nbe determined in accordance with rule 26.08.\n63.16 Non-admission of fact or document\nWhere a party serves a notice:\n(a) under rule 35.03(2) disputing a fact and afterwards the fact is\nproved in the proceeding; or\n(b) under rule 35.05(2) disputing the authenticity of a document\nand afterwards the authenticity of the document is proved in\nthe proceeding,\nthat party shall pay the costs of proof, unless the Court otherwise\norders.\n63.17 Interlocutory injunction\nWhere the Court grants an interlocutory injunction and afterwards\ngrants a further interlocutory injunction continuing the first injunction\nwith or without modification, an order as to the costs of the further\ninjunction shall, unless the Court otherwise orders, include the\ncosts of the first injunction.\n63.18 Interlocutory application\nThe costs of an interlocutory or other application in a proceeding,\nwhether made on or without notice, are to be costs in the\nproceeding unless the Court otherwise orders.\n63.19 Inquiry as to ownership of property\nThe costs of an inquiry to ascertain the person entitled to a legacy,\nmoney, share or other property shall be paid out of the property,\n63.20 Costs reserved\n(1) Where, by order of the Court, the costs of an interlocutory or other\napplication or of a step in a proceeding are reserved, the Court may\ndirect by and to whom those costs are to be paid.\n(2) Where the Court makes no direction under subrule (1), a party may,\nwithin 21 days after the conclusion of the proceeding, apply to the\nCourt for a direction as to the payment of costs reserved.\n\nSupreme Court Rules 1987 231\n63.21 Costs liability of legal practitioner\n(1) Where a solicitor for a party, whether personally or through a\nservant or agent, has caused costs to be incurred improperly or\nwithout reasonable cause or to be wasted by undue delay or\nnegligence or by other misconduct or default, the Court may order\n(a) all or any of the costs between the solicitor and the client be\ndisallowed; or\n(b) the solicitor repay to the client the whole or part of money paid\non account of costs; or\n(c) the solicitor pay to the client all or any of the costs which the\nclient has been ordered to pay to a party; or\n(d) the solicitor pay all or any of the costs payable by a party other\nthan his client.\n(2) Without limiting subrule (1), a solicitor is in default for the purpose\nof this rule where an application in or trial of a proceeding cannot\nconveniently be heard or proceed, or fails or is adjourned without\nuseful progress being made, by reason of the failure of the solicitor\nto:\n(a) attend in person or by a proper representative; or\n(b) file a document which ought to have been filed; or\n(c) lodge or deliver a document for the use of the Court which\nought to have been lodged or delivered; or\n(d) be prepared with proper evidence or account; or\n(e) otherwise proceed.\n(3) The Court shall not make an order under subrule (1) without giving\nthe solicitor a reasonable opportunity to be heard.\n(4) The Court may, before making an order under subrule (1), refer the\nmatter to an Associate Judge for inquiry and report.\n(5) Order 50, with the necessary changes, applies to a reference to an\nAssociate Judge for inquiry and report made under subrule (4).\n(6) The Court may order that notice of a proceeding or order against a\nsolicitor under this rule be given to the solicitor's client in such\nmanner as it directs.\n\nSupreme Court Rules 1987 232\n(7) This rule, with the necessary changes, applies to a barrister as it\napplies to a solicitor.\n63.22 Money claim in wrong Court, &c.\n(1) Subject to subrule (2), where in a proceeding:\n(a) a plaintiff recovers (or but for a set off under rule 13.14 against\nhis claim would be entitled to recover) an amount which is an\namount within the jurisdiction of the Local Court; and\n(b) the Court makes an order that the defendant pay the plaintiff's\ncosts of the proceeding,\nthe plaintiff is not entitled to recover from the defendant an amount\nfor costs which exceeds that which he would have recovered in the\nLocal Court, unless the Court is satisfied that he had good reason\nto commence the proceeding in the Court.\n(2) Where in a proceeding a plaintiff recovers (or but for a set off under\nrule 13.14 against his claim would be entitled to recover) no more\nthan $2,000, he is not entitled to costs.\n63.23 Trustee or mortgagee\nA party who sues as trustee or mortgagee, unless the Court\notherwise orders, is entitled to the costs of the proceeding out of the\nfund held by the trustee, or out of the mortgaged property, to the\nextent that the costs are not paid by any other person.\n63.24 Application\nThis Part applies to costs in a proceeding which by or under an Act,\nthese Rules or an order of the Court are to be paid to a party to the\nproceeding either by another party or out of a fund.\n63.25 Bases of taxation\nSubject to this Part, costs in a proceeding which are to be taxed\nshall be taxed on:\n(a) the standard basis; or\n(b) the indemnity basis.\n\nSupreme Court Rules 1987 233\n63.26 Standard basis\nOn a taxation of costs on the standard basis, there shall be allowed\na reasonable amount in respect of all costs reasonably incurred,\nand any doubts which the Taxing Master has as to whether the\ncosts were reasonably incurred or were reasonable in amount shall\nbe resolved in favour of the paying party.\n63.27 Indemnity basis\nOn a taxation of costs on the indemnity basis, all costs shall be\nallowed except to the extent that they are of an unreasonable\namount or have been unreasonably incurred, and any doubts which\nthe Taxing Master has as to whether the costs were reasonably\nincurred or were reasonable in amount shall be resolved in favour\nof the receiving party.\n63.28 General basis\n(1) Except as provided by these Rules or an order of the Court, costs\nshall be taxed on the standard basis.\n(2) Where the Court makes an order for costs:\n(a) without indicating the basis of taxation; or\n(b) to be taxed on a basis other than the standard basis or the\nindemnity basis;\nthe costs shall be taxed on the standard basis.\n63.29 Where indemnity basis applicable\n(1) Subject to this Order, the Court may order that costs be taxed on\nthe indemnity basis.\n(2) Where the Court makes an order for:\n(a) the payment to a party of costs out of a fund; or\n(b) the payment of costs to a party who sues or is sued as\ntrustee,\nsubject to rule 63.30, the costs shall be taxed on the indemnity\nbasis.\n63.30 Party as trustee\nWhere a party who sues or is sued as trustee is entitled to be paid\ncosts out of a fund which he holds in that capacity, the costs shall,\nunless the Court otherwise orders, be taxed on the indemnity basis.\n\nSupreme Court Rules 1987 234\n63.31 Costs payable to solicitor where money claimed by or on\nbehalf of person under disability\n(1) This rule applies to a proceeding (including a proceeding in the\nCourt of Appeal) in which:\n(a) money is claimed or recovered by or on behalf of, or\nadjudged, ordered, or agreed to be paid to or for the benefit of,\na person under a disability; or\n(b) money paid into court is accepted on behalf of a person under\na disability.\n(2) The costs of a proceeding to which this rule applies which are\npayable by a plaintiff to his solicitor shall, unless the Court\notherwise orders, be taxed on the indemnity basis.\n(3) On a taxation under subrule (2), the Taxing Master shall also tax\nthe costs payable to that plaintiff in those proceedings and shall\ncertify:\n(a) the amount allowed on the taxation of the solicitor's bill to his\nown client;\n(b) the amount allowed on the taxation of costs payable to that\nplaintiff in that proceeding;\n(c) the amount (if any) by which the amount referred to in\nparagraph (a) exceeds the amount referred to in\nparagraph (b); and\n(d) where necessary, the proportion of the amount of that excess\npayable by, or out of money belonging to, respectively, any\nclaimant who is a person under a disability and any other\n(4) Subrules (2) and (3) apply to and in relation to a proceeding in the\nCourt of Appeal as if for a reference to the plaintiff there were\nsubstituted a reference to the party, whether appellant or\nrespondent, who was the plaintiff in the proceeding which gave rise\nto the appeal proceeding.\n(5) Nothing in this rule prejudices a solicitor's lien for costs.\n(6) This rule also applies to and in relation to a counterclaim by or on\nbehalf of a person under a disability as if for a reference to a\nplaintiff there were substituted a reference to a defendant.\n\nSupreme Court Rules 1987 235\n63.32 Ascertaining costs on a taxation\n(1) Subject to these Rules, the scales of costs contained in Parts 2\nand 3 of the Appendix, together with the notes and provisions\ncontained in Parts 1 and 3 of the Appendix, apply in relation to the\ntaxation of all costs for work done after the commencement of this\nOrder.\n(2) On the taxation of costs payable to a solicitor by his own client or of\ncosts payable by a person who is or has been a party to a\nproceeding in the capacity of trustee who is entitled to be paid out\nof the fund which he holds in that capacity, and in other cases\nwhich, in the opinion of the Taxing Master, warrant his so allowing,\ncosts may, in the discretion of the Taxing Master, be allowed:\n(a) in relation to items not mentioned in the scales in the\nAppendix; or\n(b) of an amount higher than that prescribed in the scales in the\n(3) There shall be allowed to a witness attending at Court to give\nevidence such fees as are reasonable having regard to the\noccupation of the witness and those fees shall include:\n(a) the actual expenses reasonably incurred by the witness for\ntravel to and from the place of trial or hearing;\n(b) the actual expense reasonably incurred by the witness for\naccommodation and sustenance;\n(c) loss of salary, wages or other remuneration of any kind\nreasonably caused by the attendance; and\n(d) any other necessary expense reasonably incurred by the\nwitness because of the attendance.\n(4) Subrule (3) applies to a person required to attend at Court to act as\nan interpreter as if that person were a witness.\n63.33 Powers of Taxing Master\nOn a taxation of costs under this Order, the Taxing Master, in\naddition to powers conferred by the Act, has all the power which\nunder the Act or these Rules an Associate Judge has on a hearing\nof an application in a proceeding.\n\nSupreme Court Rules 1987 236\n63.34 Costs of taxation\n(1) Costs to be taxed under these Rules include the costs of the\ntaxation.\n(2) Costs to be taxed under a judgment, unless the judgment otherwise\nprovides, include the costs of the taxation.\n(3) After service of a summons under rule 63.36 for the taxation of\ncosts, the party entitled to costs and the party liable for them may\nserve on each other an offer of compromise in respect of the\namount of the costs to be taxed.\n(4) Subject to this rule and to an order of the Court, the Taxing Master\nmay make orders for the costs of a taxation.\n(5) On the taxation of a bill of costs the Taxing Master may refuse to\nallow to the solicitor who filed the bill the amount, or any part of the\namount, claimed in the bill in respect of the taxation if:\n(a) the amount of professional charges contained in the bill is\nreduced by 20% or more on the taxation; or\n(b) a reasonable offer of compromise was made under this rule\nbut not accepted; or\n(c) the Master otherwise thinks it equitable in the circumstances.\n(6) In addition, if on the taxation of a bill of costs the amount of\nprofessional charges contained in the bill is reduced by 20% or\nmore, the Taxing Master may direct the solicitor who filed the bill to\npersonally pay the costs of attending the taxation incurred by a\nparty who:\n(a) appeared on the taxation; and\n(b) in the opinion of the Taxing Master, had a right to appear.\n63.35 Application\n(1) This Part applies to:\n(a) the costs of a proceeding in the Court, including:\n(i) the costs of an application to or proceeding before the\nFull Court under Division 3 of Part II of the Act; and\n\nSupreme Court Rules 1987 237\n(ii) the costs of a proceeding in pursuance of Division 4 of\nPart II of the Act; and\n(iii) the costs of an appeal or an application for leave to\nappeal, under Part III of the Act, or an application for an\nextension of time to appeal or to apply for leave to\nappeal; and\n(iv) in the case of an appeal to the Court from another court\nor tribunal – the costs of proceedings in that court or\nbefore that tribunal; and\n(v) in the case of proceedings in another court or tribunal\nthat are remitted or transferred to or removed into the\nCourt – the costs of the whole of the proceeding, both\nbefore and after the remission, transfer or removal which\nby or under these Rules or an order of the Court are to\nbe paid to a party by another party or out of a fund; and\n(b) the costs of an arbitration or other proceedings which by or\nunder an Act are to be taxed in the Court.\n(2) Subject to Part 6, this Part extends to the taxation of costs payable\nto a solicitor by his client.\n63.36 Summons for taxation\n(1) An application to the Taxing Master for costs to be taxed shall be\nmade by summons filed in the office of the Taxing Master.\n(2) Where the taxation is pursuant to a judgment, the judgment shall be\nauthenticated before the summons is filed.\n(3) A summons under this rule shall be in accordance with Form 63A.\n(4) Unless the Taxing Master otherwise directs, the summons shall be\nserved not later than 21 days before the day for hearing named in\nthe summons.\n(5) Except as provided in subrules (1) to (4) inclusive, Order 46, with\nthe necessary changes, applies to an application under this rule.\n63.37 Filing of bill\n(1) A party who applies for costs to be taxed shall file a bill in respect of\nthe costs with the Taxing Master at the time the summons under\nrule 63.36 is filed.\n(2) The bill of costs shall be prepared in accordance with rule 63.40.\n\nSupreme Court Rules 1987 238\n(3) The Taxing Master may direct the party entitled to costs to lodge,\nbefore the day for hearing named in the summons, any documents\nin his possession, custody or power that will be required for the\npurpose of evidence on the taxation.\n63.38 Service of bill\nSubject to rule 63.39, the Taxing Master shall not tax costs unless\nthe party entitled to costs serves a copy of the bill of costs on the\nparty liable for the costs before or at the time of service of the\nsummons under rule 63.36.\n63.39 Defendant not appearing\nService of a summons and copy bill of costs on a defendant who\nhas not filed an appearance in the proceeding the subject of the\napplication for costs is not necessary.\n63.40 Content of bill\n(2) A bill shall commence with a short narrative succinctly indicating the\nissues involved in the proceeding.\n(6) A bill shall be divided into 7 columns:\n(a) the first column of which shall be for numbering consecutively\neach item in the bill;\n(b) the second column of which shall be for setting out\nchronologically the relevant dates on which the work was done\nin respect of each item in the bill;\n(c) the third column of which shall contain succinct details of each\nitem and any claim in respect of that item for professional\ncosts and, where claimable, for waiting time;\n(d) the fourth column of which shall contain the amount of such\ndisbursements as are claimed in connection with an item in\nthe bill;\n(e) the fifth column of which shall contain the total amount\nclaimed for professional costs and waiting time for all the\nitems that make up each relevant part of the bill; and\n(f) the last 2 columns of which shall be respectively for amounts\ndisallowed as disbursements and professional costs claimed\nin the bill and shall be respectively headed \"Disbursements\ntaxed off\" and \"Costs taxed off\".\n\nSupreme Court Rules 1987 239\n(7) A bill filed under rule 63.37 shall comply with the requirements of\nrule 13.01(1) as though it were a pleading.\n(8) An item in which travelling time is claimed must state the actual\ntime for which the claim is made.\n(9) The Taxing Master may disallow multiple items claimed as one item\nin a bill.\n63.41 Disbursement or fee not paid\n(1) A disbursement may be included in a bill, notwithstanding that it has\nnot been paid, if the bill states that fact.\n(2) On the taxation the disbursement may be allowed if it is paid before\nthe taxation of that disbursement takes place.\n63.42 Charge of lawyer out of Territory\n(1) Where a bill includes a charge for work done by a lawyer practising\nin a place out of the Territory:\n(a) the charge shall be shown as a disbursement; and\n(b) so far as practicable, the charge shall, if allowed, be allowed in\nan amount appropriate to the place where the lawyer\npractices.\n(2) Where subrule (1) applies, a bill in taxable form of that lawyer's fees\nshall be attached to the bill of the party claiming the disbursement.\n63.43 Amendment of bill\nThe Court or the Taxing Master may, at any stage:\n(a) give leave to a party to amend or withdraw a bill; or\n(b) order that a party file another bill.\n63.44 Agreement as to part of bill\nWhere the parties agree in writing that part of the costs to be taxed\nmay be allowed at a specified amount and the agreement is\nsubscribed to the bill or filed with it:\n(a) rule 63.40 does not apply to what is agreed, unless the Taxing\nMaster otherwise directs; and\n(b) rules 63.42 and 63.43 apply to the agreement as they apply to\na bill.\n\nSupreme Court Rules 1987 240\n63.45 Objection to bill\n(1) A party on whom a summons under rule 63.36 and a bill is served\nmay, by notice, object to an item in the bill.\n(2) A notice to which subrule (1) refers shall:\n(a) be filed within 14 days after the service of the summons and\nbill;\n(b) identify by a list each item in the bill to which the party objects;\nand\n(c) state specifically and concisely the grounds of objection to\neach item.\n(3) The notice under subrule (1), shall, on the same day as it is filed, be\nserved on the party filing the bill and on all other parties to whom\nthe summons for the taxation is addressed.\n(4) A party entitled to object to an item in accordance with this rule who\nfails to do so within the time limited in subrule (2)(a) or such other\ntime as the Taxing Master allows, shall be taken to have admitted\nthat item.\n(5) Notwithstanding subrule (4), the Taxing Master may, on taxation,\nfor good and proper reasons, deal with an item to which no\nobjection was raised in accordance with this rule and may exercise\nall his powers under this Order in relation to that item.\n(6) An application for an extension of time may be made informally\nbefore or after the expiration of the time referred to in subrule (2)(a).\n(7) A taxation shall not proceed unless the party filing the bill proves by\naffidavit service of a copy of the bill on all relevant parties.\n(8) Where, in the opinion of the Taxing Master, a solicitor\nindiscriminately objects to an item in a bill and by so doing\nincreases the costs of the taxation of the bill, the Taxing Master\nmay order the solicitor to pay the increased costs which, in the\nopinion of the Taxing Master, are attributable to the solicitor's\naction.\n(9) For the purposes of subrule (8), and without limiting the discretion\nof the Taxing Master under that subrule, an objection is\nindiscriminate if it constitutes no more than a blanket objection to\nitems in the bill or if it forms part of such an objection.\n\nSupreme Court Rules 1987 241\n63.46 Discretionary costs\n(1) Except where these Rules or an order of the Court otherwise\nprovides:\n(a) the fees; and\n(b) the allowances,\nwhich are referred to in the Appendix, and are there expressed to\nbe discretionary, shall be allowed at the discretion of the Taxing\nMaster.\n(2) In exercising a discretion under subrule (1), the Taxing Master shall\nhave regard to:\n(a) the complexity of the item or of the proceeding in which it\narose and the difficulty or novelty of the questions involved;\n(b) the nature and importance of the proceeding;\n(c) the skill, specialized knowledge and responsibility involved;\n(d) the number and importance of the documents prepared or\nperused, without regard to length;\n(e) the place where and the circumstances in which the business\ninvolved was transacted;\n(f) the labour involved and the time spent by the solicitor or\ncounsel;\n(g) the amount or value of money or property involved;\n(h) other fees and allowances payable to the solicitor or counsel\nin respect of other items in the bill; and\n(j) any other relevant circumstances.\n63.47 Taxation where no objection\nWhere no objection to a bill is made in accordance with rule 63.45,\nthe Taxing Master may tax the bill and allow or disallow the amount\nof the costs in it in whole or in part.\n\nSupreme Court Rules 1987 242\n63.48 Attendance of parties\n(1) The Taxing Master may give directions relating to the parties:\n(a) to whom a summons under rule 63.36 shall be addressed; and\n(b) who should attend or be represented on a taxation.\n(2) The Taxing Master may disallow the costs of attendance on a\ntaxation of a party whose attendance is unnecessary.\n(3) Notwithstanding subrules (1) and (2), a party interested may attend\na taxation before the Taxing Master.\n63.49 Reference to Judge\nThe Taxing Master may refer to a Judge for directions a question\narising on a taxation.\n63.50 Notice to person interested in fund\n(1) Where costs are payable out of a fund, the Taxing Master may:\n(a) adjourn the taxation to a specified day; and\n(b) order that the party to whom the costs are payable serve on a\nperson interested in the fund, without charge to that person, a\ncopy of the whole or a part of the bill and a notice in\naccordance with subrule (2).\n(2) A notice under subrule (1)(b) shall state:\n(a) that the costs are payable out of the fund, identifying it, and\nthat the bill is being taxed;\n(b) the day to which the taxation is adjourned; and\n(c) such other information as the Taxing Master directs.\n(3) Unless the Taxing Master otherwise orders, service referred to in\nsubrule (1)(b) shall be personal.\n63.51 Application by person liable to pay\n(1) Where a party who is entitled to costs and to have the costs taxed\nunder this Part does not apply to have them taxed within 30 days\nafter service on him of a request in writing to do so by a party liable\nfor the costs, the Taxing Master may order that the party entitled file\nand serve a summons under rule 63.36 and the Taxing Master may\nfix a time for compliance.\n\nSupreme Court Rules 1987 243\n(2) Where a party in respect of whom an order is made under\nsubrule (1) fails to comply with the order, the Taxing Master may:\n(a) disallow the costs of the party or allow a nominal or other\namount for costs; or\n(b) order him to pay the costs of any other party occasioned by\nthe failure to comply with the order.\n63.52 Solicitor at fault\n(a) a party fails to apply to have costs taxed within a time fixed\nunder rule 63.51(1) and the failure is occasioned by the\nneglect or delay of his solicitor; or\n(b) in a proceeding before the Taxing Master the solicitor for a\nparty:\n(i) is guilty of neglect or delay; or\n(ii) causes any other party unnecessary expense.\n(2) In a case to which this rule applies the Taxing Master may:\n(a) order the solicitor to pay costs to a party in respect of the\nproceeding before the Taxing Master; or\n(b) refuse to allow the fees to which the solicitor would otherwise\nbe entitled for or incidental to taxing the bill.\n63.53 Cross costs\n(1) Where a party entitled to be paid costs is also liable to pay costs,\nthe Taxing Master may:\n(a) tax the costs which the party is liable to pay and set off the\namount allowed against the amount the party is entitled to be\npaid and, by order, state the amount of the balance and the\nparties by whom and to whom the balance is payable; or\n(b) decline to make an order as to the costs which the party is\nentitled to be paid until the party has paid or tendered the\namount he is liable to pay.\n(2) Costs may be set off under paragraph (1)(a) notwithstanding that a\nsolicitor for a party has a lien for costs in the proceeding.\n\nSupreme Court Rules 1987 244\n63.54 Order on taxation\n(1) Where the Taxing Master taxes a bill, otherwise fixes or assesses\nan amount for costs, or makes an order under or in pursuance of\nrules 63.51(2) or 63.52(2), he shall state the result in the form of an\n(2) The Taxing Master may, after the conclusion of the taxation of a bill,\nmake a final order in respect of the amount at which he allows the\ncosts or of his disallowance of the costs.\n(3) In the course of the taxation, the Taxing Master may make separate\nand interim orders in respect of any item in a bill.\n(4) Where, after an application has been made under rule 63.36 and a\nbill filed, the parties agree to the amount of costs payable under the\nbill, the Taxing Master may make an order for payment of those\ncosts by consent.\n(5) An order under this rule shall be authenticated and filed in\naccordance with Order 60.\n(6) The Taxing Master may at any time correct a clerical mistake in an\norder made under this rule.\n(7) In subrules (5) and (6) order means a final or interim order.\n63.55 Objection, reconsideration and review\n(1) Where a Taxing Master decides to allow or disallow, wholly or in\npart, an item in a bill or to allow some amount in respect of an item,\na party to the taxation proceeding who objects to the decision may\napply to have the Taxing Master reconsider the decision.\n(2) An application under subrule (1) shall be made by written notice to\nthe Taxing Master.\n(3) The notice must be filed within 14 days after the date of the order\non taxation that contains the decision.\n(4) The applicant shall file with or subscribe to a notice under\nsubrule (2) a statement of his objections.\n(5) A statement of objections referred to in subrule (4) shall specify, by\na list, the items as to which the applicant objects to the decision of\nthe Taxing Master and shall state briefly but specifically the nature\nand grounds of each objection.\n\nSupreme Court Rules 1987 245\n(6) An applicant under subrule (1) shall, on the date of filing the notice\nand statement of objections, serve a copy of the notice and\nstatement on each party interested.\n(7) A party on whom a copy of the notice and statement is served\nunder subrule (6) may, within 14 days after the service of the copy\non him or such longer period as is fixed by the Taxing Master,\ndeliver to the Taxing Master answers in writing to the objections\nstating concisely the grounds on which the party will oppose the\nobjections and shall, at the same time serve a copy of the answers\non the party applying for reconsideration and on each other\ninterested party.\n(8) On a notice and statement of objections being filed under this rule,\nthe Taxing Master shall reconsider the decision to which objection\nis made and, subject to subrule (14), give to the parties his written\nreasons for his decision on reconsideration.\n(9) On a reconsideration under subrule (8), a party shall not, unless the\nTaxing Master otherwise directs, raise a ground of objection not\nstated in a statement of objections.\n(10) On the Taxing Master giving written reasons in accordance with\nsubrule (8), he shall be deemed to have made an order under\nrule 63.54.\n(11) Where a party interested objects to an order of the Taxing Master\nmade following a reconsideration allowing or disallowing, wholly or\nin part, an item in a bill or allowing an amount in respect of an item,\nthe Court may, on the application of that party, review the order of\nthe Taxing Master.\n(12) An application under subrule (11) shall be made by Notice to\nReview.\n(13) An application under subrule (11), shall be made to a Judge.\n(14) A Judge may at any time, by order, dispense with the need for a\nTaxing Master to give reasons under subrule (8) and may give\ndirections as to the conduct of the review.\n(15) A Notice to Review referred to in subrule (12) shall state, by a list,\neach item in the bill in respect of which the party objects to the\norder of the Taxing Master and shall also state specifically and\nconcisely the grounds of objection to that order and the order\nsought in its place.\n\nSupreme Court Rules 1987 246\n(16) A Notice to Review referred to in subrule (12) shall be filed, a copy\nlodged with the Taxing Master and a copy served on each party\ninterested, within 14 days after the order of the Taxing Master is\nmade following the relevant reconsideration.\n(17) On a review under subrule (11), the Court may:\n(a) exercise all the powers and discretions of the Taxing Master in\nrespect of the subject-matter of the review;\n(b) set aside or vary the order of the Taxing Master;\n(c) remit an item in the bill to the Taxing Master; or\n(d) make such other order as it thinks fit.\n(18) Except so far as a Judge or the Taxing Master otherwise orders, a\nreview under this rule does not operate as a stay of execution or of\nproceedings under the order of the Taxing Master to which the\nreview relates.\n63.56 Application\nThis Part applies where:\n(a) costs are payable to a solicitor by his client, whether or not in\nrespect of a proceeding in the Court, and by or under an Act,\nthese Rules or an order of the Court or an agreement between\nthe solicitor and the client the costs are required or permitted\nto be taxed in the Court; or\n(b) a person not the client of a solicitor is liable to pay or, having\nbeen so liable, has paid costs which are or were chargeable\nby the solicitor to the client, whether or not in respect of a\nproceeding in the Court, and by or under an Act, these Rules\nor an order of the Court or an agreement between the person\nand the client the costs are required or permitted to be taxed\nin the Court,\nbut applies to the extent only that it does not conflict with Part 3.3 of\nthe Legal Profession Act 2006 or any other law in force in the\nTerritory.\n63.57 Basis of taxation of costs payable by client\n(1) Costs to which this Part applies payable to a solicitor by his client\nshall, subject to any Act, an order of the Court or an agreement\n\nSupreme Court Rules 1987 247\nbetween the solicitor and the client, be taxed on a solicitor and\nclient basis.\n(2) The solicitor and client basis of taxation is as provided by\nrule 63.59.\n63.58 Basis of taxation of costs payable otherwise than by client\nCosts to which this Part applies payable to a solicitor by a person\nother than the client shall, subject to any Act, an order of the Court\nor an agreement between that person and the client, be taxed on\nthe standard basis.\n63.59 Costs payable to solicitor by his own client\n(1) This rule applies to a taxation of a solicitor's bill to his client.\n(2) On a taxation to which this rule applies costs shall be taxed on the\nindemnity basis but shall be presumed:\n(a) to have been reasonably incurred if they were incurred with\nthe express or implied approval of the client;\n(b) to have been reasonable in amount if the amount was\nexpressly or impliedly approved by the client; and\n(c) to have been unreasonably incurred if in the circumstances of\nthe case they are of an unusual nature, unless the solicitor\nsatisfies the Taxing Master that before the costs were\nincurred, the solicitor informed his client that they might not be\nallowed on a taxation on the standard basis.\n(3) A taxation to which this rule applies shall be carried out only by the\n63.60 Contentious business\n(1) This rule applies to the taxation of the costs payable to a solicitor by\nhis client for work done in a contentious matter where at the time\nthe work was completed no proceeding had been commenced by or\nagainst the client in respect of the matter in a court or before a\ntribunal.\n(2) Costs for work in a matter to which this rule applies shall be allowed\nin accordance with the scale of costs of the court or tribunal in or\nbefore which, in the opinion of the Taxing Master, it would be\nappropriate to commence a proceeding in respect of the matter or,\nif that court or tribunal has no scale of costs, in accordance with the\n\nSupreme Court Rules 1987 248\n63.60.1 Costs in grant of probate or administration\n(1) Costs allowable to a solicitor for professional services rendered in\nconnection with obtaining a grant of probate or administration of an\nestate of a deceased person shall be calculated in accordance with\nthe relevant scale in these Rules.\n(2) In addition to the costs a solicitor is entitled to receive under\nsubrule (1), the solicitor may recover such reasonable\ndisbursements as are incurred by him in obtaining the grant.\n(3) Where an executor or administrator seeks the payment of\ncommission to him in respect of the administration of the estate,\nsuch costs and disbursements as have been paid or are payable by\nhim to his solicitor in relation to obtaining the grant, or to any matter\nin connection with the estate, shall be taxed by the Taxing Master in\naccordance with rule 63.59 or 63.60, as the case requires.\n(4) All costs and fees allowable in accordance with these Rules shall\nbe paid out of the estate.\n(5) Where a bill of costs is taxed under these Rules and the amount of\nthe bill (exclusive of the costs of submitting it to taxation) and all\namounts referred to in subrule (2) do not, after taxation, equal or\nexceed the amount which would otherwise have been allowed\nunder subrule (1), the costs of submitting the bill for taxation shall\nbe paid by the solicitor.\n63.61 Procedure on taxation\n(1) Subject to rules 63.62 to 63.72 inclusive and to any Act or an order\nof the Court, costs under this Part shall be taxed as provided by\n","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"and that Part, with the necessary changes, applies to the","content":"Part 5 and that Part, with the necessary changes, applies to the\ntaxation accordingly.\n(2) A reference in subrule (1) to the application of Part 5 to the taxation\nof costs under this Part includes a reference to a review of an order\nof the Taxing Master on the taxation under rule 63.55.\n63.62 Appointment to tax\n(1) This rule applies where by an Act a bill in respect of costs to which\nthis Part applies may be taxed by the Taxing Master on an\nappointment obtained as of course and without an order of the\nCourt on application by the client or other person liable to pay the\ncosts.\n(2) An application to the Taxing Master to tax a bill to which this rule\napplies shall be made by summons in accordance with rule 63.36.\n\nSupreme Court Rules 1987 249\n63.63 Reference for taxation\n(1) This rule applies where the Court, by order, whether or not made by\nor under an Act, refers a bill of costs to the Taxing Master for\ntaxation or directs that a bill of costs be taxed.\n(2) A taxation to which this rule applies shall be brought before the\nTaxing Master on application by summons in accordance with\nrule 63.36.\n(3) Unless the Court otherwise orders, the summons referred to in\nsubrule (2) shall be filed within 14 days after the day the order is\n63.63A Taxation under settlement agreement\n(1) This rule applies if, under an agreement:\n(a) costs are payable by one party to the other; and\n(b) the costs are to be taxed.\n(2) The party whose costs are to be paid may apply to the Court by\noriginating motion in Form 5B for the costs to be taxed.\n63.64 Failure to serve bill or tax\n(1) Where a solicitor who is entitled to be paid costs fails or refuses to\nserve on his client a bill for the costs, the Taxing Master may:\n(a) disallow the costs of the solicitor or allow a nominal or other\namount for costs; or\n(b) order him to pay any costs of the client occasioned by the\nfailure or refusal.\n(2) Where a person who is entitled to have a bill of costs taxed fails or\nrefuses to do so and a person interested in the taxation is\nprejudiced by the failure or refusal, the Taxing Master may:\n(a) disallow any costs which might otherwise be payable to the\nperson entitled to have the bill taxed or allow a nominal or\nother amount for costs; or\n(b) order him to pay any costs of the person interested\noccasioned by the failure or refusal.\n(3) For the purpose of this rule:\n(a) a solicitor shall be taken to have failed or refused to serve a\nbill of costs if, within 60 days after service on him of a request\n\nSupreme Court Rules 1987 250\nin writing by the client that he serve a bill, the solicitor does not\ndo so; or\n(b) a person shall be taken to have failed or refused to have a bill\nof costs taxed if, within 60 days after service on him of a\nrequest in writing by a person interested that the bill be taxed,\nhe does not apply in accordance with rule 63.36 for the\ntaxation of the bill.\nPart 7 Allowances or disallowances on taxation\n63.65 Application\nThis Part applies to all taxation of costs in the Court.\n63.66 Increased allowance\nThe Taxing Master may, in relation to a particular taxation of costs,\nincrease or decrease the amount or value of an allowance or\nexpense in the Appendix as the Master thinks fit.\n63.67 Service of several documents\nTwo or more documents in the same proceeding, which can be\nserved together, shall be so served and a fee for the service of one\nonly shall be allowed.\n63.68 Inclusion in bill of disbursement not made\nWhere a solicitor acts as agent for a lawyer practising in a place out\nof the Territory, the professional fees of that lawyer shall not\nconstitute a disbursement of the solicitor for the purpose of\nrule 63.41 so as to require payment of those fees before the\ncommencement of the taxation.\n63.69 Defendants with same solicitor\nWhere 2 or more defendants are represented by the same solicitor\nand the solicitor does work for one or some of them separately\nwhich could have been done for some or all of them together, on\ntaxation of the solicitor's bill, whether between party and party or\nbetween solicitor and client, the Taxing Master may disallow costs\nfor the unnecessary work.\n63.70 Certain cost to be included in witnesses allowance\nIn a taxation of costs the attendance of a witness includes an\nattendance at a conference with counsel before trial and, in the\n\nSupreme Court Rules 1987 251\ncase of an expert witness, includes qualifying to give evidence as\nan expert.\n63.71 Negotiations\nCosts reasonably incurred in respect of negotiations for\ncompromise shall be allowed, whether or not the negotiations were\nsuccessful.\n63.72 Counsel's fees\n(1) A retaining fee to counsel shall not be allowed on taxation on the\nstandard basis.\n(2) Subject to rule 63.72A, the allowance of counsel's fees is in the\ndiscretion of the Taxing Master.\n(3) In assessing fees on brief and other fees for counsel the Taxing\nMaster shall have regard to:\n(a) the complexity of the question of law or of fact involved;\n(b) the amount involved;\n(c) any interlocutory application or other work which has reduced\nthe work otherwise necessary in relation to the brief;\n(d) the possibility that counsel might be called on to argue on\nbehalf of a party not represented at the hearing;\n(e) the fees reasonably charged by counsel in matters of a similar\nkind; and\n(f) the standing of counsel.\n(4) Costs reasonably incurred in respect of:\n(a) the advice of counsel on the pleadings, evidence or other\nmatter in a proceeding; or\n(b) counsel drawing or settling a pleading or other document in a\nproceeding which is reasonable to be drawn or settled by\ncounsel,\nshall be allowed.\n(5) Where affidavits or interrogatories which are reasonable to be\ndrawn or settled by counsel are or could have been drawn or\nsettled at the same time, only one fee shall be allowed.\n(8) Costs in respect of the preparation and delivery of a brief to counsel\n\nSupreme Court Rules 1987 252\nfor a hearing or trial which did not take place shall not be allowed if\nthe costs were incurred prematurely.\n(9) No fee shall be allowed:\n(a) for counsel attending on an interlocutory application, unless\nthe Court otherwise certifies; and\n(b) for more than one counsel, unless the Court certifies that the\nretainer of more than one counsel was warranted.\n(10) A solicitor may charge and be allowed a fee for an attendance on\ncounsel to obtain or give some information in respect of which\ncounsel does not charge a fee.\n63.72A Cancellation fees for counsel\n(a) a proceeding was listed for trial and allocated hearing dates;\nbut\n(b) the trial did not take place because the proceeding was\nsettled.\n(2) A cancellation fee for counsel of an amount equal to 60% of\ncounsel's daily fee for each day allocated for the trial will be allowed\nfor:\n(a) an ordinary proceeding that was settled 2 weeks or less\nbefore the trial was due to start; or\n(b) a large proceeding that was settled 4 weeks or less before the\ntrial was due to start.\n(3) For any other proceeding, no cancellation fee for counsel will be\nallowed.\n(4) However, if the Taxing Master considers it appropriate for a\nparticular proceeding, the Master may allow a cancellation fee or a\ndifferent cancellation fee.\n(5) In this rule:\nlarge proceeding means a proceeding that, in the opinion of the\nTaxing Master, can be characterised as a large proceeding by\nreason of length, complexity or otherwise.\nordinary proceeding means a proceeding that is not a large\n\nSupreme Court Rules 1987 253\n63.73 Barrister and solicitor\n(1) This rule applies where a legal practitioner acts in both capacities\nas a barrister and solicitor, or appears as a barrister instructed by a\npartner, employee, fellow employee or employer.\n(2) An allowance in accordance with rule 63.40(5)(e) shall be allowed\nto a legal practitioner to whom subrule (1) of this rule refers and\nwho appears as counsel.\n(3) The allowance for counsel's fees in a case to which subrule (2)\nrefers shall, subject to subrule (4):\n(a) in the case of a legal practitioner who briefs himself as\ncounsel – be three-quarters; and\n(b) in the case where a partner, employee, fellow employee or\nemployer is briefed – be five-sixths,\nof what would otherwise be allowed to counsel.\n(4) An Associate Judge may allow a legal practitioner who appears as\ncounsel and to whom subrule (3) applies a larger fee for so\nappearing and, in doing so, shall have regard to the matters\nreferred to in rule 63.72(3) as far as they are applicable.\n(5) A legal practitioner to whom subrule (3) refers is entitled, for each\nrefresher in a trial, to a fee equal to what would have been allowed\nto an independent counsel in the same circumstances.\n63.73A Increase in costs allowed if offer of compromise not accepted\n(a) a party entitled to costs makes an offer to compromise under\nrule 63.34; and\n(b) the offer is not accepted; and\n(c) on the taxation of the costs, the party is allowed an amount\ngreater than the amount the party offered.\n(2) The Taxing Master may increase the costs allowed, including costs\ntaxed on an indemnity basis, by up to 20%.\n63.74 Interest on costs\nDespite rule 59.02(3), at the conclusion of the taxing of a bill, the\nTaxing Master may, in the Master's discretion, fix a rate of interest\npayable in respect of the taxed costs and the date, not earlier than\n\nSupreme Court Rules 1987 254\nthe date of commencement of this Order, from which that interest\nshall run.\n63.75 GST\n(1) In taxing a bill, the Taxing Master may allow a reasonable amount\nfor GST paid or payable on other taxed costs in the bill.\n(2) For subrule (1), GST has the same meaning as in A New Tax\nSystem (Goods and Services Tax) Act 1999 (Cth).\nAPPENDIX\nPART 1\n1. Subject to this Part, solicitors are entitled to charge and be allowed\nthe fees set out in Parts 2 and 3 of this Appendix.\n2. For the purposes of Parts 2 and 3 of this Appendix, a unit is\none-tenth of an hour.\n3. The rate per unit, until varied in accordance with paragraph 4 of this\nPart is as follows:\n(a) for a solicitor who has held an Australian practising certificate\n(as defined in section 4 of the Legal Profession Act 2006) for:\n(i) at least 10 years – $35.64; or\n(ii) at least 5 years but less than 10 years – $32.08; or\n(iii) at least 2 years but less than 5 years – $27.54; or\n(iv) less than 2 years – $24.00;\n(b) for a law clerk – $18.00;\n(c) for a legal secretary – $14.40;\n(d) for a graduate clerk – $12.00;\n(e) for an administrative assistant – $7.20.\n4. The rate per unit shall be that from time to time declared by the\nChief Justice by practice directions after considering the\nrecommendation of an Associate Judge who shall, not later than 1\nJanuary in each year, calculate and recommend any adjustment to\nthe rate for that year on the following basis:\n(a) as to 37% of the rate – calculated by multiplying the existing\nrate by the Consumer Price Index for Darwin; and\n\nSupreme Court Rules 1987 255\n(b) as to 50% of the rate – calculated by multiplying the existing\nrate by the Average Weekly Earnings (ordinary time) for\nDarwin,\nwhere the Consumer Price Index and Average Weekly Earnings are\nthe latest available yearly percentage variations published by the\nAustralian Bureau of Statistics with the resulting rates (rounded off\nto 2 decimal places for the purposes of recalculating the rate for the\nfollowing year) rounded off to the nearest dollar.\n5. Except for disbursements, all claims made or allowed in a bill shall\nbe made and if allowed calculated to the nearest dollar.\n6. Letters include making necessary copies and also perusing and\nconsidering incoming letters, and no separate charge shall be\nallowed for the perusal of incoming letters.\n7. The cost of postage, outgoing telephone calls, facsimile messages\nand other similar outgoings must not be allowed by the Taxing\nMaster except where incurred in unusual circumstances or where\nthe cost is unusually heavy.\n8. The preparation of a document includes all necessary copies.\n9. The fees recoverable under Parts 3 and 4 of this Appendix, when\nthe rate per unit is adjusted in accordance with paragraph 4, shall\nbe increased by the same proportion as the difference between the\nadjusted rate per unit under this Part and the previous rate per unit\nbears to the previous rate per unit, rounded off to the nearest dollar.\nPART 2 – BASIC SCALE\n1. Time spent by a solicitor on work\nrequiring the application of legal skill,\nother than where otherwise provided. Minimum 1 unit\n2. Time spent by a solicitor or clerk on\nwork not requiring the application of\nlegal skill, other than where otherwise\nprovided. Minimum 1 unit\n3. Travelling and waiting time to apply to\ncharges under item 1 where waiting or\ntravelling time is reasonably incurred. Minimum 1 unit\nPART 3 – NOTES\n1. In this Part:\nclerk's time, in relation to work, means the time a clerk reasonably\n\nSupreme Court Rules 1987 256\nspent, or would reasonably be expected to spend, in carrying out\nthat work.\ncircular letter means a letter other than an ordinary letter or a\nspecial letter that, in the opinion of the Taxing Master, is capable of\nbeing composed and prepared by a clerk, and includes clerk's time.\ncomposition includes signing and the perusal of relevant incoming\nletters.\ndrawing and engrossing means drawing and engrossing a\ndocument of 1 or 2 pages in length and includes:\n(a) if item 2(a)(i) applies:\n(i) the time (up to 4 units) spent by a solicitor in drawing the\n(ii) clerk's time (up to 2 units) in engrossing it; and\n(b) if item 2(a)(ii) applies:\n(i) the time (up to 2 units) spent by a solicitor in drawing the\n(ii) clerk's time (up to 2 units) in engrossing it; and\n(c) if item 2(b)(i) applies:\n(i) the time (up to 1 unit) spent by a solicitor in drawing the\n(ii) clerk's time (up to 1 unit) in engrossing it; and\n(d) if item 2(b)(ii) applies – clerk's time (up to 2 units) in drawing\nand engrossing the document.\nitem means an item in the Composite Scale in this Part.\nletter includes a facsimile, email and any other form of written\ncommunication.\nordinary letter means a letter that does not exceed one page in\nthe composition of which, in the opinion of the Taxing Master, little\nor no exercise of the skill of a solicitor is required and includes:\n(a) the time (up to 2 units) spent by a solicitor or clerk in the\ncomposition of the letter; and\n(b) clerk's time (up to 3 units) in preparing it.\n\nSupreme Court Rules 1987 257\npage means a page of not less than international paper size A4,\nwith wording reasonably spaced.\npreparation includes typing, making copies and dispatching.\nspecial letter means a letter that is between 1 and 2 pages in\nlength and, in the opinion of the Taxing Master, the composition of\nwhich requires the exercise of the skill of a solicitor, and includes:\n(a) the time (up to 3 units) spent by the solicitor in composition of\nthe letter; and\n(c) clerk's time (up to 3 units) in preparing it.\n2. For work actually done by a solicitor that is of a kind covered in the\naggregate by a composite fee mentioned in the composite scale,\nthe solicitor may charge and be allowed for the work:\n(a) a fee equal to the composite fee; or\n(b) a fee calculated in accordance with Part 2 of this Appendix.\n3. However, if the Taxing Master considers it equitable to do so, the\nMaster may decide to allow for the work:\n(a) only a fee calculated in accordance with Part 2 of this\nAppendix; or\n(b) only a fee equal to the appropriate composite fee.\n5. A composite fee to which items 7 to 15 relates means a lump sum\nfee in respect of all allowances for time spent in carrying out work\nthat, in the Taxing Master's opinion, is or should be included in that\ncomposite fee.\n6. Without limiting the meaning of paragraph 5:\n(1) items 7 and 8 include all time taken in carrying out work in\nrespect of all aspects of a proceeding from and including the\ndispatch or receipt of a letter of demand and the filing of\noriginating process to and including the setting down of a\nproceeding for trial in accordance with rule 48.02 and time\ntaken in carrying out work with respect to a request for\nparticulars of a pleading, but does not include work in\nrespect of an application to the Court in the proceeding;\n(2) item 9 includes all time taken in carrying out work in and\nincidental to an application to the Court in a proceeding and\nin particular an application under Order 46.\n\nSupreme Court Rules 1987 258\n(3) items 10 and 11 include all time taken in carrying out work in\nrespect of the giving or obtaining of discovery and the\ninspection of documents in accordance with Order 29, but do\nnot include work done in or incidental to an application to the\nCourt in which discovery or inspection is sought; and\n(4) items 12 and 13 include all time taken in carrying out work in\nrespect of the seeking of answers to interrogatories and the\nproviding of answers to interrogatories under Order 30, but\ndoes not include work done in or incidental to an application\nto the Court in respect of interrogatories.\n7. A composite fee to which this Part refers does not include a\nreasonable disbursement which a solicitor is obliged to pay in the\ncourse of carrying out a part of the work included, or which ought to\nbe included, in that fee and such a disbursement, including\ncounsel's fees, where reasonable and reasonably incurred, may be\nclaimed in the bill and shall be allowed by the Taxing Master.\n8. Items 5 and 6, where appropriate, shall be allowed as a part of a\nunit but, if so allowed, the charge shall be rounded off to the\nnearest dollar.\nComposite Scale\n1 Letters:\n(a) special 138\n(b) ordinary 99\n(c) circular 15\n2 Drawing and engrossing:\n(a) court document\n(i) requiring skill 154\n(ii) using form or standard document or in\ncase of a standard form of judgment, order\nor the like 84\n(b) other\n(i) requiring skill 43\n(ii) not requiring skill 28\n3 Engrossing a document drawn by someone other\n\nSupreme Court Rules 1987 259\nthan solicitor making the charge – per unit 15\n","sortOrder":14},{"sectionNumber":"4","sectionType":"section","heading":"Telephone calls:","content":"4 Telephone calls:\n(a) requiring skill – per unit 27\n(b) not requiring skill – per unit 15\n5 Marking annexures, exhibits, enclosing notices of\nappointment and the like – per unit 15\n6 Copying – per unit 15\n7 Instructions to sue to notice of trial 1 908\n8 Instructions to defend to notice of trial 1 381\n9 Application in a proceeding:\n(a) contested 1 222\n(b) uncontested 977\n10 Requiring discovery and inspection 733\n11 Providing discovery and inspection 549\n12 Seeking answers to interrogatories 843\n13 Furnishing answers to interrogatories 893\n14 Attendance at listing hearing or other directions\nhearing\n15 Attendance at case management conference or\nsettlement conference\nPART 4 – FIXED COSTS\nBasic Costs\n1 Costs to be claimed on writ\nIn addition, stamp duty paid on filing the writ and on\nrelevant copies or fees payable under the Supreme\nCourt Regulations 1985, Schedule, Part 2, item 1.\n2 Costs on judgment in default of appearance:\n(a) where writ served by post 977\n\nSupreme Court Rules 1987 260\n(b) where writ served by solicitor's clerk 1 092\n(c) where writ served by person other than\nsolicitor's clerk 977\nIn addition:\n(d) where more than one defendant – for each 27\n(e) the cost of stamp duty paid on filing the writ and\non relevant copies or fees payable under the\nSupreme Court Regulations 1985, Schedule,\nPart 2, item 1\n(f) where paragraph (c) applies, a reasonable\namount paid for service.\nAdditional Costs\n3 In addition to costs payable under item 2:\n(a) costs in default of defence 124\n(b) where service out of the jurisdiction is ordered\nand effected:\n(i) in the case of service in the\nCommonwealth 369\n(ii) in the case of service overseas 489\n(c) where substituted service is ordered and\neffected:\n(i) on only defendant 977\n(ii) where more than one defendant so\nserved – in respect of each defendant\nserved 124\nand in addition:\n(iii) the reasonable fees incurred for any\nadvertising required under an order for\nsubstituted service; and\n(d) where a judgment is registered under the\nService and Execution of Process Act 1992\n(Cth) – for costs of registration 244\n(e) where leave to proceed is given under the\nService and Execution of Process Act 1992\n(Cth) – on entry of judgment 733\n\nSupreme Court Rules 1987 261\n63.76 Further provision as to costs and interest on costs\n(1) The Court will take into account whether a party has complied with\nthe party's duties under these Rules when considering:\n(2) Despite rule 63.74, if the Court decides that a party has failed to\ncomply with the party's duties under these Rules, the Court may\naward interest on costs at a rate not exceeding the rate fixed from\ntime to time in accordance with rule 59.02, plus an additional 8%.\n(3) The Court may order costs in addition to interest under subrule (2)\nagainst a practitioner, if it is established that the practitioner has\nfailed to take reasonable steps to ensure that the client has\ncomplied with the client's duties under these Rules.\n(4) For the avoidance of doubt and for the purposes of this Order, the\ncosts of a proceeding include the costs of complying with these\n64.01 Definitions\nauthority means a Local Court Judge, justice of the peace, court,\ntribunal or other person or body empowered under an Act to\nreserve a question of law for the consideration, opinion or decision\nstated case means the case or special case stated by an authority\nin which the question of law is reserved.\n64.02 Application\n(1) This Order applies where, under an Act, an authority reserves a\nquestion of law for the consideration, opinion or decision of the\nCourt, but does not apply to a reference to the Full Court.\n(2) A Judge may give directions as to the procedure to apply under this\nPart.\n\nSupreme Court Rules 1987 262\n64.03 Party having carriage of proceeding\n(1) For the purposes of this Part, the party having the carriage of the\nproceeding shall be:\n(a) where the question of law is reserved by the authority at the\nrequest of a party – that party; or\n(b) where the question of law is reserved by the authority of its\nown motion – such party as the authority appoints for that\npurpose.\n(2) The party having the carriage of the proceeding shall be called the\napplicant and the other party concerned shall be called the\nrespondent.\n64.04 Draft of the case\n(1) Within 28 days after an authority reserves a question of law, the\napplicant, after consultation with the respondent shall serve a draft\nof the stated case on the authority and on the other party.\n(2) A copy of a record of evidence need not be annexed to the draft\ncase.\n64.05 Form and contents\nA stated case shall:\n(a) be divided into paragraphs numbered consecutively;\n(b) state concisely the facts and documents necessary to enable\nthe Court to hear and determine the proceeding on the stated\ncase;\n(c) state the questions and matters to be decided or determined;\n(d) contain an address for service of each of the parties\nconcerned; and\n(e) be in accordance with Form 64A.\n64.06 Settling the case\nThe authority shall, in writing, appoint a time and place at which it\nwill settle the draft case.\n\nSupreme Court Rules 1987 263\n64.07 Objections\nA respondent who wishes to object to the draft case shall, no later\nthan 7 days before the date appointed to settle it, give notice of his\nobjection to the applicant, the authority and all other respondents, if\nany.\n64.08 Signing the case\nWithin 14 days after being notified in writing by the authority that the\ndraft case has been settled, the applicant shall obtain it from the\nauthority, engross it and shall serve the settled case as engrossed,\ntogether with sufficient copies for each of the parties, on the\nauthority for signing by the authority.\n64.09 Stating the case\nWithin 7 days after signing the settled case, the authority shall\ntransmit the case to the Registry and copies to each of the parties.\n64.10 Extension of time\nAt any time before the stated case is transmitted to the Registry,\nthe authority may, on such terms and conditions (if any) as it thinks\nfit, extend or abridge the time fixed by or under rules 64.04, 64.06,\n64.07, 64.08 or 64.09, whether before or after the time expires and\nwhether or not an application for the extension is made before the\n64.11 Filing the case\nWhen a stated case is received in the Registry, it shall be filed and\nshall constitute an originating process.\n64.12 Setting down for hearing\nWithin 7 days after the filing of a stated case, a Registrar shall:\n(a) set the stated case down for hearing; and\n(b) notify the parties in writing of the date and place of the\n64.13 Documents\nThe Court and the parties may refer to the whole contents of a\ndocument stated in a stated case.\n\nSupreme Court Rules 1987 264\n64.14 Inferences\nThe Court may draw inferences from the facts and documents\nstated in a stated case.\n64.15 Insufficient case\n(1) Where it appears to the Court that a stated case does not state the\nfacts and documents sufficiently to enable it to hear and determine\nthe proceeding on the stated case, it may:\n(a) with the consent of all interested parties, add to or otherwise\nalter the stated case;\n(b) send the stated case back to the authority by which it was\nstated for the purpose of addition or other alterations; or\n(c) receive evidence, make findings of fact and add to or\notherwise alter the stated case in accordance with the findings\nof fact of the Court.\n(2) The Court shall not exercise its powers under subrule (1)(c) in\nrespect of a stated case in a criminal proceeding.\n64.16 Disputed facts\nWhere, in a proceeding on a stated case, a party is entitled to\ndispute a fact or document stated in the case, the Court may\nreceive evidence, make findings of fact and add to or alter the\nstated case in accordance with the findings of fact of the Court.\n65.01 Application\nThis Order applies to an application to the Full Court relating to:\n(a) a reference under section 21 of the Act; or\n(b) a matter mentioned in Chapter 10, other than an appeal from\nthe Legal Practitioners Disciplinary Tribunal.\n65.02 Mode of application\n(1) An application to the Full Court must be made:\n(a) if the application relates to a reference under section 21 of the\nAct – in the manner the Judge who is referring the matter\ndirects; or\n\nSupreme Court Rules 1987 265\n(b) if the application relates to a matter mentioned in Chapter 10\nto which this Order applies – by originating motion.\n(2) The party who makes an application under subrule (1)(b) shall be\ncalled the applicant and the other parties interested shall be called\nthe respondents.\n(3) An originating motion under subrule (2) shall be served on all\nparties interested.\n(4) Where it is satisfied that a delay would be caused by proceeding in\naccordance with subrule (1)(b) and would or might entail irreparable\nor serious injustice, the Full Court may make an order without\nnotice to a party on such terms as to costs or otherwise and subject\nto such undertaking, if any, as it thinks fit.\n(5) The Full Court may set aside an order made under subrule (4) on\nthe application of a party affected by the order.\n65.03 Service of document\nService of a document under rule 65.02 shall be made not later\nthan 3 days before the day for hearing named in the document,\n(a) in an application to which rule 65.02(1)(a) refers – the Judge\nreferring the matter otherwise directs; or\n(b) in any other case – the Full Court otherwise orders.\n65.04 Documents for application\n(1) Before the hearing of an application to the Full Court relating to a\nmatter mentioned in Chapter 10 to which this Order applies:\n(a) the applicant shall deliver to a Registrar for the use of the\nmembers of the Full Court 4 copies and to each respondent to\nthe application 1 copy of the originating motion of all affidavits\nand, unless the Registrar otherwise directs, all exhibits in\nsupport of the application; and\n(b) each respondent shall deliver to a Registrar for the use of the\nmembers of the Full Court 4 copies and to the applicant\n1 copy of all affidavits and, unless the Registrar otherwise\ndirects, all exhibits to be used by him on the hearing of the\n(2) The applicant shall deliver the documents referred to in\nsubrule (1)(a) to a Registrar not later than 3 days before the day\nnamed in the originating motion for the hearing of the application.\n\nSupreme Court Rules 1987 266\n(3) In the preparation of a copy of documents for the purpose of\nsubrule (1), regard shall be had, so far as practicable, to any\nPractice Notes published by the Associate Judges from time to\ntime.\n65.05 Procedure on application\nOrder 45, with the necessary changes, applies to an application to\nthe Full Court under this Order.\n\nSupreme Court Rules 1987 267\n66.01 Definitions\njudgment for the payment of money into court includes a\njudgment for the payment of money to an Associate Judge or to a\n66.02 Payment of money\n(1) A judgment for the payment of money not within subrule (2) may be\nenforced by:\n(a) warrant of seizure and sale;\n(b) attachment of debts under Order 71;\n(c) attachment of earnings under Order 72;\n(d) charging order under Order 73;\n(e) appointment of a receiver under Order 74; or\n(f) where rule 66.05 applies, and subject to rule 66.10:\nor any combination of those means.\n(2) A judgment for the payment of money into court may be enforced\nby:\n(a) appointment of a receiver; or\n\nSupreme Court Rules 1987 268\n(3) Subrules (1) and (2) do not affect any other means of enforcement\nof a judgment for the payment of money.\n(4) The Court may authorise or direct an Associate Judge or a\nRegistrar, or a party, to enforce a judgment for the payment of\nmoney into court by one or more of the means referred to in\n66.03 Possession of land\nA judgment for possession of land may be enforced by:\n(a) warrant of possession; or\n66.04 Delivery of goods\n(1) A judgment for the delivery of goods and a judgment for the delivery\nof goods or the payment of their assessed value may be enforced\nby:\n(a) warrant of delivery; or\n(2) The warrant of delivery shall, as the judgment requires, be for:\n(a) the delivery of the goods; or\n(b) the delivery of the goods or recovery of their assessed value.\n(3) A warrant of delivery may include provision for enforcing the\npayment of money required to be paid by the judgment.\n(4) A judgment for the payment of the assessed value of goods may be\nenforced by the same means as any other judgment for the\npayment of money except a judgment for the payment of money\ninto court.\n\nSupreme Court Rules 1987 269\n66.05 Doing or abstaining from doing an act\n(a) a judgment requires a person to do an act and the act is to be\ndone within a time fixed in the judgment or by subsequent\norder and he refuses or neglects to do the act within that time;\nor\n(b) a judgment requires a person to abstain from doing an act and\nhe disobeys the judgment.\n(2) Where this rule applies, a judgment may, subject to rule 66.10, be\nenforced by:\n(a) the committal of the person bound;\n(b) sequestration of the property of the person bound; or\n(c) where the person bound is a corporation, without limiting\nsubrule (2)(b):\n(i) the committal of an officer of the corporation; or\n(ii) sequestration of the property of an officer of the\ncorporation,\nor any combination of those means.\n66.06 Attendance of natural person\n(1) This rule applies where the Court by subpoena or otherwise makes\nan order in a proceeding for the attendance of a natural person:\n(a) for the purpose of giving evidence;\n(b) for the production of a document or thing;\n(c) to answer a charge of contempt; or\n(d) for any other purpose,\nand after service of the order the person defaults in attendance in\naccordance with the order.\n(2) In the circumstances referred to in subrule (1), the Court may:\n(a) make an order for the issue of a warrant to the Sheriff or such\nother person as the Court appoints for the arrest of the person\nin default and for his production before the Court or before an\nexaminer or other person for the purpose of the proceeding\n\nSupreme Court Rules 1987 270\nand for his detention in custody in the meantime; and\n(b) order the person in default to pay the costs and expenses\n66.07 Attendance of corporation\n(1) This rule applies where the Court, by subpoena or otherwise,\nmakes an order in a proceeding for the production by a corporation\nof a document or thing and after service of the order the corporation\ndefaults in producing the document or thing in accordance with the\n(2) In the circumstances referred to in subrule (1), the Court may:\n(a) make an order for the issue of a warrant to the Sheriff or such\nother person as the Court appoints for the arrest of an officer\nof the corporation and for his production before the Court or\nbefore an examiner or other person for the purpose of the\nproceeding and for his detention in custody in the meantime;\nand\n(b) order the corporation to pay the costs and expenses\n66.08 Attendance before another Court, etc.\nRules 66.06 and 66.07, with the necessary changes, apply where\nby or under an Act the Court has authority to compel by subpoena\nthe attendance of a person for the purpose of giving evidence or\nproducing a document or thing for evidence in a court or before a\nperson having by law or by consent of parties authority to hear,\nreceive and examine evidence.\n66.09 Contempt\nNothing in rules 66.06 or 66.07 affects the power of the Court to\npunish for contempt.\n66.10 Service before committal or sequestration\n(1) A judgment shall not be enforced by committal or sequestration\n(a) a copy of it is served personally on the person bound; and\n(b) if the judgment requires the person bound to do an act within a\nfixed time, the copy is so served a reasonable time before that\n\nSupreme Court Rules 1987 271\n(2) Where the person bound is a corporation, the judgment shall not be\nenforced by committal of an officer of the corporation or by\nsequestration of the property of an officer of the corporation unless,\nin addition to service under subrule (1) on the corporation:\n(a) a copy of the judgment is served personally on the officer; and\n(b) if the judgment requires the corporation to do an act within a\nfixed time, the copy is so served a reasonable time before that\n(3) A copy of a judgment served under this rule shall be endorsed with\na notice, naming the person served, that the person served is liable\nto imprisonment or to sequestration of property if:\n(a) where the judgment requires the person bound to do an act\nwithin a fixed time, the person bound refuses or neglects to do\nthe act within that time; or\n(b) where the judgment requires the person bound to abstain from\ndoing an act, the person disobeys the judgment.\n(4) Where a judgment requires the person bound to do an act and an\norder is made under rule 59.03 fixing a time within which the act is\nto be done, a copy of the judgment, endorsed as required by\nsubrule (3)(a), and a copy of the order, shall be served on that\nperson a reasonable time before the expiration of that time.\n(5) A judgment requiring a person to do an act within a fixed time or a\njudgment requiring a person to abstain from doing an act, may be\nenforced under rule 66.05 notwithstanding that service has not\nbeen effected under this rule if the person against whom the\njudgment is to be enforced has notice of the judgment:\n(a) by being present when the judgment was given; or\n(b) by being notified of the terms of the judgment whether by\ntelephone, telegram or otherwise.\n(6) The Court may dispense with service under this rule.\n66.11 Substituted performance\n(1) Where a judgment requires the person bound to do an act and the\nperson bound does not do the act, the Court may:\n(a) direct that the act be done by a person appointed by the\nCourt; and\n\nSupreme Court Rules 1987 272\n(b) order the person bound to pay the costs and expenses\n(2) Subrule (1) does not affect:\n(a) the power of the Court under section 36 of the Trustee\nAct 1893 or any other Act; or\n(b) the power of the Court to punish for contempt.\n66.12 Enforcement by or against non-party\n(1) A person, not being a party, who obtains a judgment or in whose\nfavour a judgment is made may enforce the judgment by the same\nmeans as if he were a party.\n(2) Where obedience to a judgment may be enforced against a person\nnot a party, the judgment may be enforced against him by the same\nmeans as if he were a party.\n(3) Where obedience to a judgment may be enforced against a\ncorporation not a party, an officer of the corporation shall be liable\nto the same processes of enforcement as if the corporation were a\n66.13 Non-performance of condition\nA person entitled to a judgment subject to the fulfilment of a\ncondition who fails to fulfil the condition shall be taken to have\nabandoned the benefit of the judgment and, unless the Court\notherwise orders, another person interested may take the steps\nwhich are warranted by the judgment or which might have been\ntaken if the judgment or order had not been given or made.\n66.14 Matters occurring after judgment\nThe Court may stay execution of a judgment, or make such order\nas the nature of the case requires, on the ground of matters\noccurring after judgment.\n66.15 Order in aid of enforcement\n(1) The Court may make such order as it thinks fit in aid of the\nenforcement of a warrant of execution and for that purpose may\nmake an order that a person, whether or not a party:\n(a) attend before the Court to be examined; or\n(b) do or abstain from doing an act.\n\nSupreme Court Rules 1987 273\n(2) An application for an order under subrule (1) may be made by the\nSheriff or other person to whom a warrant of execution is directed.\n66.16 Stay of execution\nThe Court may stay execution of a judgment.\n67.01 Definitions\nmaterial questions are:\n(a) whether any and, if so, what debts are owing to the person\nbound;\n(b) whether the person bound has any and, if so, what other\nproperty or means of satisfying the judgment; and\n(c) questions concerning or in aid of the enforcement or\nsatisfaction of the judgment specified in the order for\nexamination or production.\n67.02 Order for examination or production\n(1) The Court may, on application by a person entitled to enforce a\njudgment, order a person bound by the judgment to:\n(a) attend before the Court and be orally examined on; and\n(b) produce a document or thing in the possession, custody or\npower of the person bound relating to,\nthe material questions.\nthat the person attend to be examined before or produce the\ndocument or thing to an Associate Judge.\n\nSupreme Court Rules 1987 274\n67.03 Corporation\n(1) Where the person bound is a corporation, the Court may make an\norder that:\n(a) an officer or former officer of the corporation attend before the\nCourt and be orally examined on the material questions; and\n(b) an officer of the corporation produce a document or thing in\nthe possession, custody or power of the corporation relating to\nthe material questions.\nthat the officer or former officer attend to be examined before or\nproduce the document or thing to an Associate Judge.\n67.04 Procedure\n(1) An application for an order under rule 67.02 or 67.03 may be made\nwithout notice to the person bound by the judgment.\n(2) An order under rule 67.02 or 67.03 shall be served personally on\nthe person bound and on all other persons ordered to attend or to\nproduce a document or thing.\n67.05 Record of examination\nThe Judge or Associate Judge before whom an examination is\nconducted under rule 67.02 or 67.03 shall take down, or cause to\nbe taken down, in writing the statement made by the person\nexamined at the examination.\n68.01 Definitions\nSheriff includes a person to whom a warrant of execution is\nwarrant of execution means a warrant of seizure and sale, a\nwarrant of possession or a warrant of delivery.\n68.02 Leave to issue warrant\n(1) Notwithstanding Order 66, a warrant of execution to enforce a\njudgment shall not be issued without the leave of the Court where:\n(a) 6 years have elapsed since the judgment took effect;\n\nSupreme Court Rules 1987 275\n(b) a change has taken place, whether by assignment or death or\notherwise, in the identity of the person entitled or liable to\nexecution under the judgment;\n(c) the judgment is against the assets of a deceased person\ncoming to the hands of his executor or administrator after the\ndate of the judgment and it is sought to issue execution\nagainst assets of that description;\n(d) under the judgment a person is entitled to enforce it subject to\nthe fulfilment of a condition; or\n(e) the warrant is against property in the hands of a receiver\nappointed by the Court or of a sequestrator.\n(2) Subrule (1) does not affect a provision of or under an Act requiring\nthe leave of the Court before a judgment may be enforced.\n(3) An application for leave under subrule (1) may be made without\nnotice to any person, unless the Court otherwise orders.\n(4) The application shall be supported by evidence on affidavit\nshowing:\n(a) where the judgment is for the payment of money – the\namount, including interest, due on the date of the application;\n(b) where subrule (1)(a) applies – the reasons for the delay;\n(c) where subrule (1)(b) applies – the change which has taken\nplace;\n(d) where subrule (1)(b), (c) or (d) applies – that a demand to\nsatisfy the judgment has been made on the person liable to\nsatisfy it and that he has not satisfied it;\n(e) that the applicant is entitled to proceed to execution on the\njudgment; and\n(f) that the person against whom execution is sought is liable to\nexecution on the judgment.\n68.03 Separate execution for costs\nA person entitled to enforce a judgment entered or given with costs\nmay have execution to enforce the judgment and, when the costs\nbecome payable, have execution separately to enforce payment of\nthe costs.\n\nSupreme Court Rules 1987 276\n68.04 Issue of warrant of execution\n(1) A warrant of execution is issued when the warrant is sealed with the\nseal of the Court.\n(2) A warrant of execution shall bear the date of its issue.\n(3) A warrant of execution shall not be issued unless the person\nrequesting it to be issued:\n(a) produces to a Registrar a form of the warrant; and\n(b) files a copy; and\n(c) where the warrant is to enforce a judgment for the payment of\nmoney, files an affidavit, made within 14 days before the\nrequest, stating:\n(i) the date of the judgment; and\n(ii) the amount for which judgment was entered or given;\nand\n(iii) the amount, including interest accrued and costs, due\nand payable in respect of the judgment at the date the\naffidavit is made with particulars showing how that\namount is calculated or made up; and\n(iv) the daily amount of interest, if any, which, subject to any\nfuture payment under the judgment, will accrue after the\ndate the affidavit is made in respect of the judgment\namount and costs.\n(4) In the case of a warrant of execution to enforce a judgment for the\npayment of money, the person to whom the warrant is directed\nshall, when executing the warrant, serve a copy of the affidavit\nrequired to be filed under subrule (3)(c) on the person against\nwhom the warrant is executed or leave it at the place where the\nwarrant is executed.\n68.05 Duration\n(1) A warrant of execution is valid for the purpose of execution for\none year after the day it is issued.\n(2) Notwithstanding subrule (1), the Court may from time to time, by\norder, extend the period of the validity of the warrant for the\npurpose of execution for not more than one year at any one time\nfrom the day on which it would otherwise expire.\n\nSupreme Court Rules 1987 277\n(3) An order under subrule (2) shall not be made after the day of expiry\nof the warrant.\n(4) An application for an order under subrule (2) may be made without\n(5) A copy of an order under subrule (2) shall be delivered to the\nSheriff by the party obtaining the order.\n(6) The priority of a warrant of execution in respect of which an order\nunder subrule (2) has been made shall be determined by reference\nto the date on which the warrant was originally delivered to the\nSheriff.\n68.06 Costs of prior execution\nThe amount for which a warrant of execution may be issued shall,\nunless the Court otherwise orders, include the costs, fees and\nexpenses incurred in respect of a prior warrant of execution on the\nsame judgment, whether the prior warrant was or was not satisfied\nin full.\n68.07 Provision for enforcing payment of money\nOrder 69, with the necessary changes, applies to a warrant of\nexecution which includes a provision for enforcing the payment of\nmoney required to be paid by the judgment which is to be enforced\nby the warrant.\n68.08 Form of warrant of execution\nA warrant of execution shall be in Form 53B, 68A, 68B or 68C,\nwhichever is appropriate.\n69.01 Definitions\ncreditor means a person for whom a warrant is issued.\ndebtor means a person against whose property a warrant is to be\nexecuted.\njudgment includes an order.\nSheriff includes a person to whom a warrant is directed.\nwarrant means a warrant of seizure and sale.\n\nSupreme Court Rules 1987 278\n69.02 Application\nThis Order applies subject to the Sheriff Act 1962 and the\nRegulations made under that Act.\n69.03 New enforcement process\nThe process of enforcement under this Order shall be used instead\nof the process of enforcement by writ of fieri facias.\n69.04 Two or more warrants\nUnless the Court otherwise orders, a warrant shall not be issued\nwhile another warrant issued in respect of the same judgment is in\nforce, except for the purposes of rule 68.03.\n69.05 Order of sale\n(1) Subject to subrules (2) and (3), where it appears to the Sheriff that\nproperty subject to levy under a warrant is more than sufficient to\nsatisfy the amount to be levied, he shall take or sell so much of the\nproperty as appears to him to be sufficient.\n(2) Subject to subrule (3), the Sheriff shall take or sell property:\n(a) in such order as seems to him best for the prompt execution of\nthe warrant without undue expense;\n(b) subject to paragraph (a), in such order as the debtor directs;\nand\n(c) subject to paragraphs (a) and (b), in such order as seems to\nthe Sheriff best for minimizing hardship to the debtor and other\npersons.\n(3) Unless the debtor so requests, land shall not be put for sale under\nthe warrant until all other property liable to sale under the warrant\nhas been sold.\n(4) The Court may order that property subject to levy under the warrant\nbe taken or sold otherwise than in accordance with this rule.\n69.06 Time and place of sale\nThe Sheriff shall put up for sale all property liable to sale under a\nwarrant:\n(a) as early as may be having regard to the interests of the\nparties; and\n\nSupreme Court Rules 1987 279\n(b) at the place which seems to him best for a beneficial sale of\nthe property.\n69.07 Advertisement of sale\n(1) Before putting property up for sale under a warrant, the Sheriff shall\nadvertise the sale by giving notice of the time and place of sale, and\nof particulars of the property, in the manner which seems to him\nbest to give publicity to the sale.\n(2) The Sheriff shall not advertise the sale of land until the creditor has\nsatisfied him, by such means as he may reasonably require, that a\ncopy of the warrant has been served on the Registrar-General and\nthat a memorial of the warrant has been entered on the original\nCertificate of Title under the Land Title Act 2000.\n(3) An advertisement relating to the intended sale of land by the Sheriff\nshall be in Form 69A and include:\n(a) a concise description of the land, including its location, stated\nin terms calculated to enable interested persons to identify it;\n(b) a statement in general terms of the improvements, if any,\nbelieved by the Sheriff to be on the land;\n(c) a statement of the last known address of the debtor; and\n(d) a statement of the interest, if any, of the debtor according to\nthe Register Book under the Land Title Act 2000 and of the\nentries in the Register Book which affect or may affect the\nland as at the date of service on the Registrar-General of the\nwarrant.\n(4) The creditor shall serve personally on the debtor a copy of the\nadvertisement not later than 14 days before the date of the\nintended sale.\n(5) The Court may dispense with service under subrule (4).\n(6) Not later than 3 days, or such lesser period as the Sheriff allows,\nbefore the date advertised for the sale, the creditor shall:\n(a) file an affidavit of service of a copy of the advertisement or,\nwhere the Court makes an order for substituted service of the\nadvertisement, an affidavit showing due compliance with the\norder; and\n\nSupreme Court Rules 1987 280\n(b) deliver to the Sheriff:\n(i) where a copy of the advertisement is served on the\ndebtor – a copy of the affidavit of service;\n(ii) where the Court makes an order dispensing with service\nof a copy of the advertisement – a copy of the order; and\n(iii) where the Court makes an order for substituted service\nof the advertisement – a copy of the order and of the\naffidavit showing due compliance.\n69.08 Notional possession of goods\nNotwithstanding that the Sheriff leaves land on which goods have\nbeen seized under a warrant, he shall be taken to remain in\npossession of the goods if he leaves in a prominent position on or\nabout the land on which the goods were seized or on the goods\nseized a notice of the seizure listing the items seized.\nOrder 70 Warrant of possession\n70.01 Payment of money\nA warrant of possession to enforce a judgment for the possession\nof land may include provision for enforcing the payment of money\nrequired to be paid by the judgment.\n70.02 Removal of goods on warrant of possession\nOn the execution of a warrant of possession the Sheriff need not\nremove any of the goods found on the land.\n71.01 Definitions and application\ngarnishee means a person from whom a judgment creditor claims\nthat a debt:\n(a) is due or accruing to the judgment debtor on the day an order\nfor the filing and service of a garnishee summons is made; or\n\nSupreme Court Rules 1987 281\n(b) will or is likely to become due or accrue to the judgment debtor\nbetween the day an order for the filing and service of a\ngarnishee summons is made and the day for hearing named\nin the summons.\njudgment creditor means a person entitled to enforce a judgment\nfor the payment of money, other than a judgment for the payment of\nmoney into court.\njudgment debtor means a person required by a judgment to pay\nmoney otherwise than into court.\n(2) This Order does not apply to debts, being earnings within the\nmeaning of Order 72, due or accruing to the judgment debtor.\n71.02 What debts attachable\nA debt may be attached under this Order if the debt:\n(a) is due or accruing to the judgment debtor from the garnishee\non the day an order for the filing and service of a garnishee\nsummons is made; or\n(b) becomes due or accrues to the judgment debtor from the\ngarnishee between the day an order for the filing and service\nof a garnishee summons is made and the day for hearing\nnamed in the summons.\n71.03 Bank account\n(1) An amount standing to the credit of a judgment debtor in an\naccount in an ADI shall, for the purpose of this Order, be a debt due\nor accruing to the judgment debtor, notwithstanding that any of the\nfollowing conditions applicable to the account has not been\nsatisfied:\n(a) that a demand or notice is required before money is\nwithdrawn;\n(b) that a personal application must be made before money is\nwithdrawn;\n(c) that a deposit book must be produced before money is\nwithdrawn; or\n(d) that a receipt for money deposited in the account must be\nproduced before money is withdrawn.\n\nSupreme Court Rules 1987 282\n(2) Subrule (1), with the necessary changes, applies to an amount\nwhich is placed to the credit of a judgment debtor in an account in\nan ADI between the day an order for the filing and service of a\ngarnishee summons is made and the day for hearing named in the\n71.04 Filing and service of garnishee summons\n(1) Subject to an Act, the Court may, on the application of a judgment\ncreditor, order that a garnishee summons be filed and served on\nthe garnishee.\n(2) A judgment creditor may apply for an order under subrule (1)\nwithout notice to any person.\n(3) The Court shall, in making an order under subrule (1), fix an\namount to be specified in the garnishee summons for the purpose\nof rule 71.06 having regard to:\n(a) the amount due under the judgment on the date of the order;\n(b) the amount of interest accrued and accruing on the judgment\ndebt; and\n(c) the costs of the garnishee proceedings.\n(4) Where an order is made under subrule (1) in respect of a debt not\nyet due or accruing to the judgment debtor from the garnishee, the\nday for hearing named in the summons shall be not later than\n30 days after the date of the order.\n71.05 Evidence on application for garnishee summons\n(1) An order shall not be made under rule 71.04 unless it is shown by\naffidavit:\n(a) that the judgment is unsatisfied, either wholly or to a stated\nextent; and\n(b) that:\n(i) a debt is due or accruing to the judgment debtor from the\ngarnishee; or\n(ii) a debt will or is likely to become due or accrue to the\njudgment debtor from the garnishee,\n\nSupreme Court Rules 1987 283\n(2) Where an application is made for an order under rule 71.04 in\nrespect of a debt within subrule (1)(b)(ii), the affidavit shall give\nparticulars identifying the transaction between the judgment debtor\nand the garnishee under which the debt will or is likely to become\ndue or accrue and state the date or likely date it will become due or\naccrue.\n(3) An affidavit under this rule may contain statements of fact based on\ninformation and belief if the grounds are set out.\n71.06 Garnishee summons\n(1) A garnishee summons shall identify each debt in respect of which it\nis filed and state:\n(a) where the debt is due or accruing to the judgment debtor from\nthe garnishee:\n(i) that on service of the summons the debt shall be\nattached and bound in the hands of the garnishee to the\nextent of the amount specified in the summons; and\n(ii) that in the event that the debt becomes due or accrued\nbefore the day for hearing named in the summons the\ndebt shall be attached and bound in the hands of the\ngarnishee to the extent of the amount specified in the\nsummons when it becomes due or accrues,\nas the case requires; and\n(b) that on the day for hearing named in the summons the\njudgment creditor will apply for an order that the garnishee pay\nto the judgment creditor the debt attached to the extent of the\namount specified in the summons.\n(2) A garnishee summons shall be in Form 71A.\n71.07 Service of summons\n(1) Subject to subrule (2), the judgment creditor shall, not later than\n7 days before the day for hearing named in the garnishee\nsummons, serve the summons and a copy of each affidavit used on\nthe application for an order under rule 71.04 on the garnishee\npersonally and on the judgment debtor.\n(2) A garnishee summons shall not be served on a garnishee out of the\nTerritory.\n(3) The Court may dispense with service on the judgment debtor under\n\nSupreme Court Rules 1987 284\n71.08 What debts attached, when and to what extent\n(1) A debt due or accruing to the judgment debtor from the garnishee in\nrespect of which an order for the filing and service of a garnishee\nsummons is made is, on service of the summons on the garnishee,\nattached and bound in the hands of the garnishee to the extent of\nthe amount specified in the summons.\n(2) A debt not yet due or accruing to the judgment debtor from the\ngarnishee in respect of which an order for the filing and service of a\ngarnishee summons is made is in the event that the debt becomes\ndue or accrues before the day for hearing named in the summons,\nattached and bound in the hands of the garnishee to the extent of\nthe amount specified in the summons when it becomes due or\naccrues.\n(3) Notwithstanding subrules (1) and (2), where, after service of a\ngarnishee summons on the garnishee, the garnishee acts with\nreasonable diligence for the purpose of giving effect to the\nattachment but nevertheless pays to the judgment debtor the whole\nor a part of the debt attached or otherwise deals with the debt\nattached so as to satisfy, as between the garnishee and the\njudgment debtor, the whole or a part of the debt attached, the Court\nmay order that for the purpose of the garnishee application the debt\nattached be reduced to the extent of the payment or satisfaction.\n71.09 Payment to judgment creditor\n(1) Subject to rules 71.10 and 71.11, the Court may, on the hearing of\na garnishee summons, order the garnishee to pay to the judgment\ncreditor:\n(a) the debt attached to the extent specified in the garnishee\nsummons; or\n(b) so much of the debt attached to the extent so specified as is\nrequired to satisfy the judgment in respect of which the\nsummons is filed and served together with interest and such\ncosts of the application as are specified in the order.\n(2) Where on the hearing of a garnishee summons the garnishee does\nnot dispute the debt, or where he does not attend on the hearing,\nthe Court may make an order under subrule (1) on the evidence in\nsupport of the application under rule 71.04 for an order that the\ngarnishee summons be filed and served on the garnishee.\n(3) An order under subrule (1) may be enforced in the same manner as\nany other order for the payment of money.\n\nSupreme Court Rules 1987 285\n(4) An order under subrule (1) shall be in Form 71B or 71C, as the\ncase requires.\n71.10 Dispute of liability by garnishee\nIf on the hearing of the garnishee summons the garnishee disputes\nliability to pay the debt attached, the Court may determine the\nquestion of liability or give directions for the trial of the question.\n71.11 Claim by other person\nWhere it appears to the Court that a person other than the\njudgment debtor may be entitled to the debt attached or to a charge\nor lien on it, it may order that notice of the application be given to\nthat person and then determine the entitlement or give directions for\nits determination.\n71.12 Discharge of garnishee\nA payment made by a garnishee in compliance with, and any\nexecution levied against him under, an order made under rule 71.09\nis a valid discharge of his liability to the judgment debtor to the\nextent of the amount paid or levied notwithstanding that\nsubsequently the garnishee proceedings are set aside or the\njudgment from which they arose is reversed or varied.\n71.13 Money in Court\n(1) Subject to rule 15.09, where money is standing to the credit of the\njudgment debtor in court, the Court may, on the application of the\njudgment creditor made by summons, order that the money or so\nmuch of it as is sufficient to satisfy the judgment sought to be\nenforced, together with interest accrued on the judgment debt and\nthe costs of the application, be paid to the judgment creditor.\n(2) The summons and a copy of any affidavit in support shall be served\non the judgment debtor not later than 7 days before the day for\nhearing named in the summons.\n71.14 Costs\nThe costs of the judgment creditor of a garnishee application under\nthis Order shall, unless the Court otherwise orders, be retained by\nthe judgment creditor out of the money recovered by him from the\ngarnishee in priority to the debt under the judgment in respect of\nwhich the application arose and interest accrued on the debt.\n\nSupreme Court Rules 1987 286\n72.01 Definitions\nattachment of earnings order means an order under rule 72.03 or\nsuch an order as varied from time to time.\nearnings, in relation to a judgment debtor, means an amounts\npayable to the judgment debtor:\n(a) by way of wages or salary, including fees, bonuses,\ncommissions, overtime payments or other emoluments\npayable in addition to wages or salary; or\n(b) by way of pension, including:\n(i) an annuity in respect of past services, whether or not the\nservices were rendered to the person paying the annuity;\nand\n(ii) periodical payments in respect of or by way of\ncompensation for the loss, abolition or relinquishment, or\na diminution in the emoluments, of an office or\nemployment,\nbut does not include a pension payable to the judgment debtor\nunder the Social Security Act 1947, the Repatriation Act 1920 or the\nSeamen's War Pensions and Allowances Act 1940 of the\nCommonwealth.\nemployer, in relation to a judgment debtor, means a person\n(including the Crown in right of the Territory, a Minister of the Crown\nin right of the Territory and a statutory authority representing the\nCrown in right of the Territory) by whom, as a principal and not as a\nservant or agent, earnings are payable or are likely to become\npayable to the judgment debtor.\njudgment creditor means a person entitled to enforce a judgment\nfor the payment of money, other than a judgment for the payment of\nmoney into court.\njudgment debtor means a person required by a judgment to pay\nmoney otherwise than into court.\n\nSupreme Court Rules 1987 287\nnet earnings, in relation to a pay-day, means the amount of the\nearnings becoming payable by a particular employer on that\npay-day after the deduction from those earnings of:\n(a) an amount deducted under Division 2 of Part VI of the Income\nTax Assessment Act 1936 of the Commonwealth; and\n(b) an amount deducted that would be an allowable deduction:\n(i) under section 82H of that Act other than life insurance\npremiums, not being life insurance premiums payable in\nrespect of superannuation; or\n(ii) under section 82A of that Act.\nnormal deduction, in relation to an attachment of earnings order\nand in relation to a pay-day, means an amount representing a\npayment at the normal deduction rate specified in the order in\nrespect of the period between that pay-day and either the last\npreceding pay-day or, where there is no last preceding pay-day, the\ndate on which the employer became, or last became, the judgment\ndebtor's employer.\npay-day means an occasion on which earnings to which the\nattachment of earnings order relates become payable.\nprotected earnings, in relation to an attachment of earnings order\nand in relation to a pay-day, means the amount representing a\npayment at the protected earnings rate specified in the order in\nrespect of the period between that pay-day and either the last\npreceding pay-day or, where there is no last preceding pay-day, the\ndate on which the employer became, or last became, the judgment\ndebtor's employer.\n72.02 Application for attachment of earnings order\n(1) A judgment creditor may apply by summons to the Court for an\nattachment of earnings order.\n(2) The summons shall be supported by an affidavit, which may contain\nstatements of fact based on information and belief if the grounds\nare set out.\n(3) The summons shall be in Form 72A and the affidavit shall be in\nForm 72B.\n(4) The summons, a copy of the affidavit and a notice in Form 72C as\nto the property and assets of the judgment debtor and the debts,\nliabilities and other financial obligations of the judgment debtor shall\nbe served on the judgment debtor not later than 14 days before the\n\nSupreme Court Rules 1987 288\nday for hearing named in the summons.\n72.03 Making of order\n(1) Where the Court is satisfied that the judgment debtor is a person to\nwhom earnings are payable or are likely to become payable and\n(a) at the time when the application was made there was due and\nunpaid in respect of the judgment which the judgment creditor\nis entitled to enforce an amount of not less than $20; or\n(b) the judgment debtor has persistently failed to comply with an\norder with respect to the judgment,\nthe Court may order a person who appears to it to be the judgment\ndebtor's employer in respect of those earnings or part of those\nearnings to make out of those earnings or that part of those\nearnings payments in accordance with rule 72.07.\n72.04 Attendance of or information about judgment debtor\n(1) In relation to an attachment of earnings order or an application for\nsuch an order, the Court may order that:\n(a) the judgment debtor attend before it at a time specified in the\norder to be examined concerning his means and ability to\ncomply with the judgment;\n(b) the judgment debtor state to it or furnish to it, within the time\nfixed by it, a statement signed by him setting forth:\n(i) the name and address of his employer or, if he has more\nemployers than one, of each of his employers; and\n(ii) particulars as to the judgment debtor's earnings; and\n(iii) such other particulars as the Court thinks necessary to\nenable the enforcement of the order; or\n(c) a person who appears to it to be indebted to the judgment\ndebtor or to be the employer of the judgment debtor give to it a\nstatement signed by him or on his behalf containing such\nparticulars as are specified in the direction of his indebtedness\nto the judgment debtor that became payable by that person\nduring a specified period.\n(2) A document purporting to be a statement referred to in subrule (1)\nshall be received in evidence in a proceeding for the enforcement of\nthe order.\n\nSupreme Court Rules 1987 289\n(3) Where on an application for an attachment of earnings order the\nCourt is satisfied:\n(a) that the judgment debtor has been served with a copy of the\nsummons;\n(b) that the judgment debtor has had a reasonable opportunity of\nattending the hearing;\n(c) that the judgment debtor is employed by an ascertained\nemployer; and\n(d) as to the earnings of the judgment debtor,\nit may make an attachment of earnings order in the absence of the\njudgment debtor.\n(4) For the purpose of this rule, the Court may act on evidence by or on\nbehalf of the judgment debtor's employer or by a spouse or de facto\npartner of the judgment debtor, or a statement or information\nfurnished under subrule (1).\n(5) Where the Court considers an application in the absence of the\njudgment debtor or any spouse or de facto partner of the judgment\ndebtor and it has before it sufficient evidence in its opinion on which\nto specify a protected earnings rate and a normal deduction rate, it\nshall so specify those rates but, where it does not have sufficient\nevidence, it may, without specifying those rates, make an order\nrequiring the payment by the judgment debtor's employer to the\njudgment creditor of such amount as the Court thinks reasonable\nhaving regard to the circumstances of the judgment debtor so far as\nthey are known to the Court.\n(6) Nothing in subrule (1)(a) affects any other mode of enforcing the\nattendance of the judgment debtor before the Court.\n(7) An application for an order under subrule (1) (a) shall be made by\nsummons in Form 72D and shall be supported by an affidavit in\nForm 72E.\n(8) An order under subrule (1) shall be in Form 72F or 72G, whichever\nis appropriate.\n72.05 Contents of order\n(1) In this rule:\nnormal deduction rate means the rate at which the Court\nconsiders it to be reasonable that the earnings of a judgment debtor\nshould be applied in satisfying the judgment to which the order\n\nSupreme Court Rules 1987 290\nrelates, not exceeding a rate that appears to the Court to be\nnecessary for the purpose of:\n(a) securing payment of the amount due and unpaid under the\njudgment; and\n(b) securing payment within a reasonable time of any costs\nordered by the Court to be paid by the judgment debtor.\nprotected earnings rate means the rate below which, having\nregard to the resources and needs of a judgment debtor and of any\nother person for whom he must or reasonably may provide, the\nCourt considers it to be reasonable that the earnings to which the\norder relates should not be reduced by a payment under an\nattachment of earnings order.\n(2) An attachment of earnings order shall specify, either generally or in\nrelation to a particular pay-day or particular pay-days, the normal\ndeduction rate.\n(3) An attachment of earnings order may specify a higher normal\ndeduction rate to apply for a specified number of pay-days after the\norder comes into force and a lower normal deduction rate to apply\nto subsequent pay-days.\n(4) An attachment of earnings order shall also specify the protected\nearnings rate.\n(5) Unless the Court:\n(a) has received from the judgment debtor a completed form\npursuant to the notice in Form 72C given under rule 72.02(4)\nas to the property and assets of the judgment debtor and has\ndebts, liabilities and other financial obligations; or\n(b) has examined the judgment debtor as to those matters,\nit shall not under subrule (3) specify as the protected earnings rate\na rate that is less than 80% of the net earnings of the judgment\ndebtor.\n(6) An attachment of earnings order shall:\n(a) provide that the payments under the order are to be made to\nthe person specified in the order; and\n(b) contain such particulars as the Court thinks necessary for\nenabling the person to whom the order is directed to identify\nthe judgment debtor.\n\nSupreme Court Rules 1987 291\n(7) An attachment of earnings order shall be in Form 72H.\n72.06 Service of orders\n(1) An attachment of earnings order shall be served on the judgment\ndebtor and on the person to whom the order is directed.\n(2) There shall also be served on the person to whom an attachment of\nearnings order is directed:\n(a) a notice informing him of the effect of the order and of his\nobligations under the Order; and\n(b) 2 forms of notice that the judgment debtor is not in his employ.\n(3) A notice under subrule (2)(a) shall be in Form 72J and a notice\nunder subrule (2)(b) shall be in Form 72K.\n(4) The order shall not come into force until the expiration of 7 days\nafter the day on which it is served on the person to whom it is\n72.07 Employer to make payments\n(1) An employer to whom an attachment of earnings order is directed\nshall, in respect of each pay-day whilst the order is in force, if the\nnet earnings of the judgment debtor exceed the sum of:\n(a) the protected earnings of the judgment debtor; and\n(b) so much of an amount by which the net earnings that became\npayable on a previous pay-day were less than the protected\nearnings in relation to that pay-day as has not been made\ngood on any other previous pay-day,\npay, so far as that excess permits, to the person specified in the\norder the normal deduction in relation to that pay-day and so much\nof the normal deduction in relation to a previous pay-day as was not\npaid on that pay-day and has not been paid on a previous pay-day.\n(2) A payment made by an employer under subrule (1) is a valid\ndischarge to him as against the judgment debtor to the extent of the\namount paid.\n(3) An employer making payments in accordance with an attachment of\nearnings order may deduct from the earnings of the judgment\ndebtor, in addition to any other amount, an allowance of $3 in\nrespect of each payment towards the clerical and administrative\ncosts of making payments under the order and shall give to the\njudgment debtor notice of the amount deducted.\n\nSupreme Court Rules 1987 292\n72.08 Attachment of earnings in place of other orders\nWhere an application is made to the Court to enforce a judgment\nfor the payment of money otherwise than into court, the Court may,\ninstead of making another order, make an attachment of earnings\n72.09 Execution after attachment of earnings\nUnless the Court otherwise orders, where an attachment of\nearnings order is in force, no warrant of execution shall issue and\nno order shall be made for the enforcement of the judgment to\nwhich the attachment of earnings order relates.\n72.10 Discharge or variation of order\n(1) Where an attachment of earnings order is in force, the Court may,\non the application of the judgment creditor or the judgment debtor,\ndischarge, suspend or vary the order.\n(2) An order suspending or varying an attachment of earnings order\nshall be served on the respondent to the application and the person\nto whom the attachment of earnings order is directed.\n(3) An order suspending or varying an attachment of earnings order\ndoes not come into force until the expiration of 7 days after the day\non which the order is served on the person to whom it is directed.\n72.11 Cessation of attachment of earnings order\n(1) An attachment of earnings order ceases to have effect:\n(a) on being discharged under rule 72.10; or\n(b) unless the Court otherwise orders, on the making of another\norder for the recovery of the moneys owing under the\njudgment in relation to which the attachment of earnings order\nwas made.\n(2) Where an attachment of earnings order ceases to have effect, a\nRegistrar shall, without delay, give notice accordingly to the person\nto whom the order was directed.\n(3) A notice under subrule (2) shall be in Form 72L.\n(4) Where an attachment of earnings order ceases to have effect, the\nperson to whom the order is directed shall not incur a liability in\nconsequence of his treating the order as still in force at any time\nbefore the expiration of 7 days after the day on which the notice\nrequired by subrule (2) or a copy of the order discharging the\n\nSupreme Court Rules 1987 293\nattachment of earnings order, as the case may be, is served on\nhim.\n72.12 Two or more orders in force\nWhere earnings become payable to a judgment debtor and there\nare in force 2 or more attachment of earnings orders, whether made\nunder this Chapter or otherwise, in relation to those earnings, the\nperson to whom the orders are directed shall comply with:\n(a) those orders according to the respective dates on which they\ntook effect and shall disregard an order until the earlier order\nhas been complied with; and\n(b) an order as if the earnings to which the order relates were the\nresidue of the earnings of the judgment debtor after the\nmaking of a payment under an earlier order.\n72.13 When varied order taken to be made\nFor the purpose of rule 72.12, an attachment of earnings order\nwhich has been varied under rule 72.10 shall be taken to have been\nmade as so varied on the day on which the attachment of earnings\norder was made.\n72.14 Notice to judgment debtor of payments\n(1) A person who makes a payment in compliance with an attachment\nof earnings order shall give to the judgment debtor a notice\nspecifying the particulars of the payment.\n(2) Where a person served with an attachment of earnings order\ndirected to him is not the employer of the judgment debtor at the\ntime of service of the order, he shall, without delay after service of\nthe order, give notice in writing accordingly to a Registrar.\n(3) Where a person served with an attachment of earnings order\ndirected to him is the employer of the judgment debtor at the time of\nservice of the order but ceases to be his employer at any time\nthereafter, that person shall, as soon as he ceases to be the\njudgment debtor's employer, give notice in writing accordingly to the\n72.15 Determination of earnings\n(1) The Court shall, on the application of the person to whom an\nattachment of earnings order is directed, determine whether\npayments to the judgment debtor of earnings of a particular class or\ndescription specified in the application are earnings for the purpose\nof that order.\n\nSupreme Court Rules 1987 294\n(2) A person to whom an attachment of earnings order is directed who\nmakes an application under subrule (1) shall not incur a liability for\nfailing to comply with the order with respect to a payment of the\nclass or description specified in the application that is made by him\nto the judgment debtor while the application, or an appeal from an\norder made on the application, is pending.\n(3) Subrule (2) does not apply in respect of a payment made after an\napplication is withdrawn or an appeal from an order made on the\napplication is abandoned.\n72.16 Service\nAn order or document required or permitted to be served on a\nperson under this Order may be served on him:\n(a) personally;\n(b) by delivering a copy at his usual or last known place of\nresidence or business to a person who apparently resides or\nis employed there and has apparently attained the age of\n16 years; or\n(c) by sending a copy to him at his usual or last known place of\nresidence or business by registered post.\n73.01 Definitions\ncorporation means a corporation formed under an Act of the\nCommonwealth or under an Act or Companies Code of a State or\nTerritory, and includes a building society and a credit union.\nfunds or funds in court means money, stock issued by or funds\nof, or an annuity granted by, a government, or stock of a\ncorporation standing or to be placed to the credit of an account in\nthe books of the Court.\njudgment means a judgment for the payment of an ascertained\namount otherwise than into court.\njudgment creditor means a person entitled to enforce a judgment.\njudgment debt means the amount due under a judgment and\nincludes interest on that amount.\n\nSupreme Court Rules 1987 295\njudgment debtor means a person against whom a judgment may\nbe enforced.\nsecurities means any of the following:\n(a) stock issued by or funds of, or an annuity granted by, the\nCommonwealth or a State or Territory;\n(b) stock of a corporation;\n(c) a dividend or interest payable on stock mentioned in\nparagraph (a) or (b).\nstock includes shares and a debenture, debenture stock, bond,\nnote or other security.\n73.02 Order charging securities\nFor the purpose of securing the payment of a judgment debt, the\nCourt may by order (in this Order called a charging order), impose\na charge on the beneficial interest of the judgment debtor in a\nsecurity.\n73.03 Filing and service of charging summons\n(1) The Court may, on the application of a judgment creditor, order that\na charging summons be filed and served.\n(2) A judgment creditor may apply for an order under subrule (1)\nwithout notice to any person.\n73.04 Evidence on application for charging summons\n(1) An application for an order under rule 73.03(1) shall be supported\nby an affidavit:\n(a) stating that the judgment is unsatisfied, either wholly or to a\nstated extent;\n(b) identifying the securities in respect of which the order is\nsought and stating in whose name they stand; and\n(c) stating that the judgment debtor has a beneficial interest in the\nsecurities and describing that interest.\n(2) An affidavit under this rule may contain statements of fact based on\ninformation and belief if the grounds are set out.\n\nSupreme Court Rules 1987 296\n73.05 Charging summons\n(1) A charging summons shall identify the securities in respect of which\nit is filed and state that on service of the summons on:\n(a) the government or corporation to which it is addressed, the\ngovernment or corporation, as the case may be, shall not,\nexcept by order of the Court, cause or permit a transfer of any\nof the securities to be made or pay to a person a dividend or\ninterest on any of them;\n(b) the judgment debtor, unless the Court otherwise orders, no\ndisposition by him of his interest in any of the securities made\nbefore the application for the charging order is heard by the\nCourt is valid as against the judgment creditor.\n(2) A charging summons shall be in Form 73A.\n73.06 Service of summons\n(1) The judgment creditor shall, not later than 7 days before the day for\nthe hearing named in the charging summons, serve on the\njudgment debtor and personally on the government or corporation\nthe summons and a copy of each affidavit used on the application\nfor an order under rule 73.03(1).\n(2) The Court may dispense with service on the judgment debtor under\n73.07 Effect of service of summons\n(1) Where, without the authority of the Court, a government or\ncorporation on which a charging summons has been served causes\nor permits any of the securities to which the summons relates to be\ntransferred or pays to a person a dividend or interest on any of\nthem, the government or corporation, as the case may be, is liable\nto pay to the judgment creditor an amount equal to the value to the\njudgment debtor of the securities transferred or of the dividend or\ninterest paid, as the case may be, or so much of that value as is\nsufficient to satisfy the judgment.\n(2) No disposition by the judgment debtor of his interest in any of the\nsecurities to which a charging summons relates made after the\nservice of it on him and before the application for the charging order\nis heard is valid as against the judgment creditor, unless the Court\n\nSupreme Court Rules 1987 297\n73.08 Order on summons hearing\n(1) On the hearing of a charging summons the Court may make a\ncharging order with respect to securities to which the summons\nrelates.\n(2) If the judgment debtor does not attend on the hearing of the\ncharging summons or, if attending, does not dispute the evidence in\nsupport of the application under rule 73.03(1), the Court may make\na charging order on that evidence.\n73.09 Effect and enforcement of charge\nA charge imposed by a charging order shall have the same effect,\nand give the judgment creditor the same remedies for enforcing it,\nas if it were a valid charge effectively made by the judgment debtor.\n73.10 Variation or discharge of order\nThe Court may by order, at any time:\n(a) vary the effect under rule 73.07 of the service of a charging\nsummons; or\n(b) vary or discharge a charging order.\n73.11 Order charging funds in Court\n(1) Subject to rule 15.09, for the purpose of securing the payment of a\njudgment debt, the Court may, by order, impose a charge on the\nbeneficial interest of the judgment debtor in any funds in court.\n(2) Rules 73.03 to 73.08 inclusive and rule 73.10, with the necessary\nchanges, apply to an application for an order under subrule (1).\n(3) The judgment creditor shall, without delay, on the making of an\norder that a summons for an order under subrule (1) be filed and\nserved, lodge a copy of the summons and of each affidavit used on\nthe application for the order with an Associate Judge, a Registrar or\nother proper officer of the Court by whom the funds in court are\nheld.\n73.12 Stop order for funds in Court\n(1) The Court may make an order that funds in court, or a part of them,\nor the income from them, shall not be transferred, sold, delivered\nout, paid or otherwise dealt with unless notice is first given to the\nperson applying for the order.\n\nSupreme Court Rules 1987 298\n(2) An order may be made under subrule (1) on the application of a\nperson:\n(a) who has a mortgage or charge on the interest of a person in\nthe funds in court;\n(b) to whom the interest has been assigned; or\n(c) who is a judgment creditor of the person entitled to the\ninterest.\n(3) The application shall be made by summons in the proceeding in\nwhich the funds are in court or, if there is no proceeding, by\n(4) The summons or originating motion, and a copy of any affidavit in\nsupport, shall be served on every person who has an interest in the\nfunds in court which may be affected by the order sought.\n(5) On an application under this rule the Court may make such order as\nit thinks fit for the costs and expenses of the applicant and of a\nparty to the application or other person against whom an order is\nsought.\n73.13 Stop notice on corporation stock not in Court\n(1) A person (in this and rules 73.14 and 73.15 called the claimant)\nclaiming a beneficial interest in stock of a corporation, other than\nstock in court, who desires to be notified of a proposed transfer of\nthe stock or payment of any dividend or interest on the stock may\ngive notice of that desire to the corporation by filing:\n(a) an affidavit in Form 73B identifying the stock in question and\ndescribing his interest in it and identifying any document under\nwhich it arises; and\n(b) serving a sealed copy of the affidavit and of the notice on the\ncorporation.\n(2) The affidavit shall be endorsed with a note stating the address to\nwhich a notice under rule 73.14 is to be sent and, subject to\nsubrule (3), that address shall for the purpose of that rule be the\naddress for service of the claimant.\n(3) The claimant may change his address for service for the purpose of\nrule 73.14 by filing and serving on the corporation notice of the\nchange.\n\nSupreme Court Rules 1987 299\n73.14 Effect of stop notice\nWhere an affidavit and a notice are served on a corporation under\nrule 73.13 and, during the time the notice is in force, the corporation\nis requested to register a transfer of the stock to which the notice\nrelates or the payment of a dividend or interest on the stock falls\ndue, it:\n(a) shall serve on the claimant, at his address for service, a notice\ninforming him of the request; and\n(b) except with the authority of the Court, shall not register the\ntransfer or, as the case requires, pay the dividend or interest\nbefore the expiration of 10 days after the day the notice is\n73.15 Withdrawal or discharge of stop notice\n(1) A claimant may by notice served on the corporation withdraw a\nnotice served on it under rule 73.13.\n(2) The Court may by order discharge a notice under subrule (1).\n73.16 Prohibition of transfer of or payment on stock\n(1) The Court may on the application of a person claiming a beneficial\ninterest in stock of a corporation, other than stock in court, by order,\nprohibit or restrict the corporation from registering a transfer of the\nwhole or a part of the stock or from paying a dividend or interest on\nit.\n(2) The Court may vary or discharge an order made under subrule (1).\n74.01 Procedure\nAn application for the appointment of a receiver by way of equitable\nexecution may be made in accordance with Order 39 and that\nOrder applies to such a receiver as it applies to a receiver\nappointed for any other purpose.\n74.02 Appointment of receiver by way of equitable execution\nBefore determining an application for the appointment of a receiver\nby way of equitable execution, the Court shall have regard to the\namount claimed by the judgment creditor, the amount likely to be\nobtained by the receiver and the probable costs of his appointment\nand may direct an inquiry on these or any other matters.\n\nSupreme Court Rules 1987 300\nOrder 75 Contempt\nPart 1 Interpretation\n75.01 Definition\nIn this Order, unless the contrary intention appears, respondent\nmeans a person guilty or alleged to be guilty of contempt of court.\nPart 2 Summary proceeding for contempt\n75.02 Contempt in face of the Court\nWhere it is alleged or appears to the Court that a person is guilty of\ncontempt of court committed in the face of the Court, it may:\n(a) by oral order, direct that the respondent be arrested and\nbrought before it; or\n(b) issue a warrant for his arrest in Form 75A.\n75.03 Procedure on hearing of charge\nWhere the respondent is brought before the Court, whether under\noral order or warrant for arrest, the Court shall cause him to be\ninformed of the contempt with which he is charged and after so\ndoing shall adopt such procedures as in the circumstances it thinks\nfit.\n75.04 Custody pending disposal of charge\nThe Court may order that, until the charge is disposed of, the\nrespondent be kept in custody or be released on terms, including a\ncondition that he give security for appearance in person to answer\nthe charge.\n75.05 Application\n(1) This Part applies to:\n(a) contempt of court committed in the face of the Court;\n(b) any other contempt of the Court; and\n(c) contempt of an inferior court.\n\nSupreme Court Rules 1987 301\n(2) In the case of contempt of court committed in the face of the Court,\nthe procedure under this Part is alternative to that under Part 2.\n75.06 Procedure\n(1) Application for punishment for the contempt shall be by summons\nor originating motion in accordance with this rule.\n(2) Where the contempt is committed by a party in relation to a\nproceeding in the Court, the application shall be made by summons\n(3) Where subrule (2) does not apply, the application shall be made by\noriginating motion which:\n(a) shall be entitled \"The Queen v.\" the respondent, \"on the\napplication of\" the applicant; and\n(b) shall require the respondent to attend before a Judge.\n(4) The summons or originating motion shall specify the contempt with\nwhich the respondent is charged.\n(5) The summons or originating motion and a copy of every affidavit\nshall be served personally on the respondent, unless the Court\n75.07 Application by Registrar\n(1) The Court may, by order, direct the Registrar to apply by summons\nor originating motion for punishment of a contempt.\n(2) Where the Registrar applies as so directed, the Court may order\nthat costs be paid by the Registrar to the respondent or by the\nrespondent to the Registrar, as it thinks fit.\n75.08 Arrest of respondent\nWhere a summons or originating motion for punishment of a\ncontempt has been filed and it appears to the Court that the\nrespondent has absconded or is likely to abscond or has left or is\nlikely to leave the Territory, the Court may issue a warrant for his\narrest and detention in custody until he is brought before it to\nanswer the charge, unless he gives security, as the Court directs,\nfor his appearance in person to answer the charge and to submit to\nits judgment.\n\nSupreme Court Rules 1987 302\n75.09 Warrant for arrest\n(1) A warrant for the arrest of a respondent shall be addressed to the\nSheriff and may be issued:\n(a) where the arrest is ordered by a Judge – under his hand;\n(b) where the arrest is ordered by the Full Court – under the hand\nof the presiding Judge.\n(2) The warrant shall be in Form 75B.\n75.10 Application\nThis Part applies where the Court finds that a respondent is guilty of\ncontempt of court.\n75.11 Punishment for contempt\n(1) Where the respondent is a natural person, the Court may punish for\ncontempt by committal to prison or fine, or both.\n(2) Where the respondent is a corporation, the Court may punish for\ncontempt by sequestration or fine, or both.\n(3) When the Court imposes a fine, it may commit, or further commit,\nthe respondent to prison until the fine is paid.\n(4) The Court may make an order for punishment on terms, including a\nsuspension of punishment.\n75.12 Discharge\nWhere a respondent is committed to prison for a term, the Court\nmay order his discharge before the expiry of the term.\n75.13 Warrant for committal\nA warrant for the committal of a person found guilty of contempt of\ncourt shall be in Form 75C.\n75.14 Costs\nThe costs of an application for punishment for contempt shall be in\nthe discretion of the Court, whether an order for committal is made\nor not.\n\nSupreme Court Rules 1987 303\n76.01 Definitions\njudgment includes order.\n76.02 Enforcement by sequestration\nThe process of enforcement under this Order shall be used instead\nof the process of enforcement by writ of sequestration.\n76.03 Order for sequestration\n(1) An order for sequestration shall appoint one or more persons as\nsequestrators and provide that the sequestrator be authorized and\ndirected to enter on and take possession of the real and personal\nestate of the person bound and to collect, receive and get into their\nhands the rents and profits of his real and personal estate and keep\nthem under sequestration in their hands until the person bound\ncomplies with the judgment to be enforced by sequestration, or until\nfurther order.\n(2) Where the person bound is a corporation and an order is made for\nthe sequestration of the property of an officer of the corporation\n(whether or not an order for sequestration is also made against the\ncorporation), the order shall give the same authority and direction to\nthe sequestrators with respect to the real and personal estate of the\nofficer as in the case of an order against a corporation and shall\nprovide that the sequestrators shall keep the estate under\nsequestration in their hands until the corporation complies with the\njudgment to be enforced by sequestration or until further order.\n(3) The Court may discharge an order for sequestration.\n76.04 Application\n(1) An application for an order for sequestration shall be by summons\nand the summons and a copy of each affidavit in support shall be\nserved personally on the person bound.\n(2) Where the person bound is a corporation and sequestration of the\nproperty of an officer of the corporation is sought, a copy of the\nsummons and of each affidavit in support shall also be served\npersonally on him.\n\nSupreme Court Rules 1987 304\n(3) The Court may dispense with service under subrules (1) and (2).\n77.01 Authority in civil proceedings\n(1) Subject to this Order, an Associate Judge, in addition to exercising\nthe powers and authority imposed or conferred by any other\nprovision of this Chapter or an Act, may do any of the following:\n(a) in a proceeding to which this Chapter applies, give a judgment\nor make an order, including a judgment or order, in the\nexercise of the inherent jurisdiction of the Court;\n(b) hear and determine an application and exercise powers and\nauthorities under the following statutory provisions:\n(i) the Family Provision Act 1970, where an order is sought\nby consent;\n(iii) the Land Title Act 2000, for the removal of a caveat or\nfor leave to lodge another caveat on the same, or\nsubstantially the same, grounds as those contained in a\ncaveat that has lapsed or has been withdrawn, cancelled\nor removed from a lot;\n(iv) the Unit Titles Act 1975, section 95 (order for\ncancellation of Units plan), section 98 (approval of\nscheme for alteration of Units plan) and section 99\n(order for alteration of Units plan);\n(v) the Births, Deaths and Marriages Registration Act 1996,\nsection 21 (orders with regard to the surname of the\nchild);\n(vi) the Service and Execution of Process Act 1992 of the\nCommonwealth, Part 2, 3 and 6;\n(via) the Supreme Court Act 1979, section 16 (transfer of\nproceedings to Local Court);\n(vii) the Trustee Act 1893, Part III (Appointment of new\ntrustees and vesting orders);\n(viii) the Administration and Probate Act 1969, sections 24\nand 25 (order for assignment of Administration Bond),\nsection 32 (appointment of Administrator pendente lite\nand receiver), section 33 (power to appoint\nAdministrator), section 34(1) (order where executor\n\nSupreme Court Rules 1987 305\nneglects to prove will), section 35 (issue of special letters\nof administration) and section 45 (order nisi where\ncaveat lodged);\n(ix) the Partnership Act 1997;\n(x) the De Facto Relationships Act 1991;\n(xi) the Legal Profession Act 2006 – section 261 (appeal\nagainst decision of Funds Management Committee),\nsection 277 (appeal against decision of Law Society as\nto costs), section 332 (application for costs assessment\nto be dealt with out of time), section 362 (appeal against\ndecision of costs assessor as to a matter of law), section\n400 (application for further time), section 414 (appeal\nagainst decision of Law Society as to Fidelity Fund\nclaim), section 415 (appeal against failure to determine\nclaim), section 595 (application for examination);\n(c) hear and determine:\n(i) an application under an Act for payment or transfer to a\nperson of any money or securities in Court, including\ninterest; or\n(ii) an application for or relating to the sale of property by\nauction or private contract, and for payment into court\nand investment of the purchase money;\n(d) conduct the trial of a proceeding if all the parties to the\nproceeding consent to an Associate Judge conducting the\ntrial;\n(e) conduct the trial of a proceeding if the only matters in issue\nare the amount of damages, or the value of goods, and costs;\n(f) conduct the trial of an action for personal injuries, which may\ninclude hearing and determining issues of liability and\ndamages;\n(g) hear and determine an application for the extension of a\nlimitation period;\n(h) hear and determine an application for the possession of land,\nwhich may include hearing and determining an application for\nrecovery of money outstanding under a mortgage over the\nland;\n(k) exercise the jurisdiction of the Court under the Family Law\nAct 1975 (Cth).\n\nSupreme Court Rules 1987 306\n(j) hear and determine a matter referred to an Associate Judge\nby the Court of Appeal or a Judge.\n(2) Subject to this Order, an Associate Judge may exercise power\nconferred on the Court or a Judge:\n(a) in respect of the approval of a compromise on behalf of\nperson under a disability; or\n(b) to give judgment or make an order in a proceeding if all parties\naffected appear and consent or on written application by a\nparty and written consent of all other parties affected, provided\nthat the judgment or order states that it is given or made by\nconsent of the parties.\n(3) Subject to these Rules, an Associate Judge may hear and\ndetermine all interlocutory matters including an application for an\ninterim or interlocutory injunction.\n77.02 Limitation on authority\n(1) Subject to these Rules, the trial of a proceeding shall not be held\nbefore an Associate Judge and an Associate Judge shall not give a\njudgment or make an order at the trial of a proceeding.\n(2) Except where the trial was conducted by an Associate Judge, an\norder under rule 49.02 shall only be made by a Judge.\n(3) An Associate Judge does not have authority to extend or abridge a\ntime fixed by an order of a Judge, unless the Judge directs.\n(4) Subject to these Rules, an Associate Judge does not have authority\nto hear or determine any of the following:\n(d) an application for the review of taxation of costs;\n(e) a proceeding for a declaration of the rights of a person, other\nthan a declaration under Part 2, Division 2 of the De Facto\nRelationships Act 1991;\n(f) a question of construction arising under an instrument where\nthe sole purpose of the proceeding is to determine that\nquestion;\n(h) an application in a matter pending in the Federal Court or the\nHigh Court;\n(j) a proceeding in respect of which a Judge orders that\nrule 77.01 shall not apply, as long as the order is in force (a\nJudge at any time may make such an order and may rescind\n\nSupreme Court Rules 1987 307\nit);\n(k) a proceeding or class of proceeding which the Chief Justice\ndirects to be excepted from rule 77.01;\n(m) an application which by this Chapter or an Act is required to\nbe heard only by a Judge;\n(n) an application under any of the following Acts:\n(i) the Criminal Property Forfeiture Act 2002;\n(ii) the Serious Crime Control Act 2009;\n(iii) the Vexatious Proceedings Act 2006.\n77.03 Associate Judge to hear application\n(1) Subject to subrule (2), an application in a proceeding for a judgment\nor order which may, in accordance with this Order, be given or\nmade by an Associate Judge shall be made to an Associate Judge,\nnot a Judge.\n(2) A judgment or order to which subrule (1) applies may be given or\nmade by a Judge:\n(a) on a reference by an Associate Judge to a Judge under\nrule 77.04;\n(b) with special leave of a Judge;\n(c) on an appeal from an Associate Judge;\n(d) during the trial of the proceeding; or\n(e) when an Associate Judger is absent or not available.\n77.04 Reference by Associate Judge to Judge\n(1) Subject to subrules (5) and (6), if on an application to an Associate\nJudge in accordance with rule 77.01 it appears to the Associate\nJudge that the application is proper for the determination of a\nJudge, the Associate Judge may refer the application to a Judge.\n(3) The Judge to whom the application is referred may hear and\ndetermine the application or refer it back to an Associate Judge with\ndirections.\n(4) An Associate Judge may refer to a Judge for direction a question\narising on an application to the Associate Judge.\n\nSupreme Court Rules 1987 308\n(5) If it is reasonably practicable to do so, an Associate Judge must\nconsult a Judge before hearing an interlocutory matter in a\nproceeding that:\n(a) is being case flow managed by a Judge; or\n(b) in the opinion of the Associate Judge, is proper for the\ndetermination of a Judge as mentioned in subrule (1).\n(6) An Associate Judge must refer an application for a Mareva Order or\nAnton Piller Order to a Judge under subrule (1) unless there are\nexceptional circumstances why the Associate Judge should hear\nand determine the application.\n78.01 Directions in judgment\n(1) Where by a judgment of the Court further proceedings are\nnecessary, the Court may, when giving the judgment or at a later\ntime, give directions for the conduct of those proceedings.\n(2) Without limiting subrule (1), the Court may give directions with\nrespect to:\n(a) the taking of an account or the making of an inquiry;\n(b) the evidence to be adduced on the account or inquiry;\n(c) the preparation of a draft instrument directed by the judgment\nto be settled and the making of objections to the draft;\n(d) the parties required to attend the proceedings;\n(e) the representation by the same solicitors of parties who\nconstitute a class and by different solicitors of parties who\nought to be separately represented;\n(f) the time for taking each step in the proceedings, and the day\nor days for the further attendance of the parties; or\n(g) the publication of advertisements for creditors or other\nclaimants and the time for creditors and claimants to respond.\n(3) The Court may revoke or vary a direction given under this rule.\n\nSupreme Court Rules 1987 309\n78.02 Claims\n(1) In this rule administration proceeding means a proceeding for the\nadministration of the estate of a deceased person or the execution\nof a trust under the direction of the Court.\n(2) Where the judgment in an administration proceeding directs the\ntaking of an account of debts or other liabilities of a deceased\nperson, the Court may direct a party to:\n(a) examine the claims of persons claiming to be creditors of the\nestate and determine, so far as he is able, to which of the\nclaims the estate is liable;\n(b) determine, so far as he is able, what are the other debts or\nliabilities of the deceased; and\n(c) file an affidavit stating his conclusions and reasons.\n(3) Where the judgment in an administration proceeding directs an\ninquiry for unascertained persons entitled, the Court may direct a\nparty to:\n(a) examine the claims of persons claiming to be entitled and\ndetermine, so far as he is able, which of them are valid;\n(b) determine, so far as he is able, what other persons are\nentitled; and\n(c) file an affidavit stating his conclusions and reasons.\n(4) Where the party directed by the Court under subrule (2) or (3) to\nexamine claims is not the personal representative or trustee\nconcerned, then, unless the Court otherwise orders, the personal\nrepresentative or trustee shall join with the party so directed in\nmaking the affidavit.\n(5) A copy of the affidavit under subrule (2)(c) or (3)(c) shall be served\non every other party not later than 7 days before the time appointed\nby the Court for adjudicating on claims.\n(6) For the purpose of adjudicating on claims, the Court may:\n(a) direct a claim to be investigated in such manner it thinks fit;\n(b) require a claimant to attend and prove his claim or to furnish\nfurther particulars or evidence of it; or\n(c) allow a claim with or without proof.\n\nSupreme Court Rules 1987 310\n(7) The Court may give directions for service on persons claiming to be\ncreditors of notice of the result of the adjudication.\n(8) This rule, with the necessary changes, applies where the judgment\nin a proceeding other than an administration proceeding directs that\nan account of debts or other liabilities be taken or that an inquiry be\n78.03 Interest on debts\n(1) Where a judgment directs an account of the debts of a deceased\nperson, unless the estate of the deceased is insolvent or the Court\notherwise orders, interest shall be allowed:\n(a) on a debt which carries interest, at the rate it carries;\n(b) on any other debt, from the date of the judgment at the rates\npayable on judgment debts from that date.\n(2) A creditor whose debt does not carry interest and who establishes\nthe debt in proceedings under the judgment is, unless the Court\notherwise orders, entitled to interest on the debt in accordance with\nsubrule (1)(b) out of an asset which remain after satisfying the costs\nof the proceeding, the debts established and the interest on debts\nwhich by law carry interest.\n(3) For the purpose of this rule, the debts of a deceased person include\nfuneral, testamentary and administration expenses and, in relation\nto expenses incurred after the judgment, for the reference in\nsubrule (1)(b) to the date of the judgment substitute a reference to\nthe date on which the expenses became payable.\n78.04 Interest on legacies\nWhere a judgment directs an account of legacies, subject to a\ndirection in the will or codicil or an order of the Court, interest shall\nbe allowed on each legacy at the rate of 12% per annum from the\nend of one year after the testator's death.\n78.05 Account or inquiry by Associate Judge\nUnless the Court otherwise orders, an Associate Judge shall take\nan account or make an inquiry with respect to further proceedings\nunder a judgment.\n78.06 Associate Judges's order\n(1) The result of proceedings before an Associate Judge under a\njudgment shall be stated in the form of an order.\n\nSupreme Court Rules 1987 311\n(2) An order under this rule shall have immediate binding effect on the\nparties to the proceeding and a copy shall be served on such\nparties as the Associate Judge directs.\n(3) Subject to a direction of the Associate Judge under subrule (4) or\notherwise, an order under this rule has effect as a final order\ndisposing of the proceeding in which it is made.\n(4) The Associate Judge may give directions as to the further\nconsideration of the proceeding.\n79.01 Application\nMoneys or funds paid into Court are governed by this Order.\n79.02 Litigants' Fund\n(1) Subject to rule 79.04(1), moneys paid into Court shall, unless\notherwise ordered, be paid into an ADI account to the credit of an\naccount entitled \"Northern Territory Supreme Court Litigants' Fund\"\n(in this order called the Fund).\n(2) An account referred to in subrule (1) shall be established with such\nADI as the Treasurer directs.\n(4) The signing officer and countersigning officer for the account shall\nbe such persons as an Associate Judge designates from time to\ntime.\n79.03 Particulars of payment\nAn order which directs that moneys in Court be paid out or\notherwise dealt with shall state the particulars of the payment out or\nother action to be taken by an Associate Judge.\n79.04 Other application of moneys\n(1) The Court may, at any time, order that moneys paid into Court, or to\nbe paid into Court, be credited or applied in a manner other than by\npayment into an account referred to in rule 79.02.\n(2) Where interest is earned on the moneys referred to in subrule (1),\nthe Court may direct the disbursement of that interest.\n\nSupreme Court Rules 1987 312\n79.05 Money in Court or to be paid into Court for person under\ndisability\n(1) Where an order is made that money in court or to be paid into Court\nbe held for the benefit of a person under a disability and that order\ndoes not direct by whom the money is to be held, an Associate\nJudge shall pay the money to the Public Trustee who shall hold it\non trust for the benefit of the person under a disability.\n(2) A party to a proceeding in which an order is made for the payment\nof moneys for the benefit of a person under a disability shall, as\nsoon as practicable, procure the authentication of that order.\n(3) As soon as practicable after authentication, the party obtaining the\norder shall serve a copy of it on the Public Trustee or on such other\nperson as is under the order required to hold the money for the\nperson under a disability.\n(4) The party ordered to pay moneys into court under an order to which\nthis rule refers shall, unless the Court otherwise orders, within\n14 days after the service on him of a copy of the authenticated\norder, pay those moneys into court.\n(5) Where moneys are received by an Associate Judge under an order\nof the Court, the Associate Judge shall give:\n(a) to the party paying the moneys, a receipt for the moneys; and\n(b) to the party obtaining the order, notice that the moneys have\nbeen received.\n79.06 Delay\n(1) Where an order is made that a party pay moneys into court for the\nbenefit of a person under a disability and it appears to an Associate\nJudge after due inquiry that loss has been occasioned to the person\nunder a disability:\n(a) through undue delay by a party or his solicitor in making the\npayment; or\n(b) where the order was made on the approval of a compromise\nof a claim by the person under a disability, through undue\ndelay by the solicitor for or the litigation guardian of the person\nunder a disability in:\n(i) obtaining the approval of the compromise;\n(ii) procuring the authentication of the order; or\n\nSupreme Court Rules 1987 313\n(iii) serving a copy of the order on the other party or as\nrequired by this Order,\nthe Associate Judgemay order that the person responsible for the\nloss pay into court for the benefit of the person under a disability an\namount by way of interest on the moneys received or to be received\nunder the order.\n(2) The amount ordered to be paid under subrule (1) shall not exceed\nthat derived by applying to the moneys for the period of the loss the\nrate fixed from time to time by the Chief Justice and the Chief\nJustice may fix a rate for the purposes of this rule accordingly.\n(3) An Associate Judge shall not make an order under subrule (1)\nwithout giving the person who appears to be responsible for the\nloss an opportunity to be heard.\n(4) A person affected by an order under subrule (1) may appeal to a\n(5) Where moneys are paid into court in accordance with an order\nunder subrule (1), the Associate Judge shall deal with the amount\nas if it were paid into court under the original order.\n79.07 Investment of moneys paid into Court\nSubject to this Order, an Associate Judge may, after consultation\nwith the parties in a proceeding in which moneys are paid into court\nand pending the outcome of that proceeding, invest the money in\nsuch forms of investment as a trustee may invest trust funds under\nthe Trustee Act 1893.\n79.07.1 Unclaimed money\n(1) All moneys which, before or after the commencement of this rule,\nhave been paid into Court may, if unclaimed for 3 years, be paid\ninto the Central Holding Authority.\n(2) A person entitled to claim money paid under subrule (1) into the\nCentral Holding Authority may apply to an Associate Judge for a\ncertificate certifying the claimant's right to claim the money and an\nAssociate Judge may issue such a certificate.\n(3) On receiving a certificate referred to in subsection (2), the\nTreasurer, if satisfied that the claimant is not precluded by the\nLimitation Act 1981 from claiming the amount, shall authorize\npayment of the money to the claimant or the claimant's agent.\n\nSupreme Court Rules 1987 314\n79.08 Payment under order\nSubject to rules 26.21(9) and 79.07, no moneys shall be paid out of\nthe Fund otherwise than under an order of the Court.\n80.01 Application\n(1) This Order applies to service in the Territory of a document in\nconnection with civil or commercial proceedings pending before a\nforeign court if:\n(a) a letter from the court requesting service on a person in the\nTerritory is received by the Registry; and\n(b) either:\n(i) the request is for service in accordance with a\n(ii) the Attorney-General certifies that effect ought to be\ngiven to the request.\n(2) In this rule:\nforeign court means a court or other tribunal in a country outside\nAustralia, other than a Hague Convention country.\n80.02 Documents required\n(1) In order that service may be effected in accordance with this Order\nthere shall be delivered to a Registrar, unless he otherwise directs:\n(a) the document to be served and 2 copies of it;\n(b) a copy of the letter of request; and\n(c) if either the document to be served or the letter of request is\nnot in English, a translation into English of the document or\nthe letter and a copy of the translation.\n(2) Where subrule (1)(c) applies, the translation shall, unless a\nRegistrar otherwise directs, bear a certificate of the translator, in\nEnglish, stating that it is an accurate translation of the document or\nletter of request.\n\nSupreme Court Rules 1987 315\n80.03 Service\n(1) A Registrar shall request the Sheriff to serve the document and a\ncopy of the letter of request.\n(2) If either the document or the letter of request is not in English, a\ntranslation of the document or letter shall also be served.\n(3) The document, copy letter of request and a translation may be\nserved in any manner in which originating process in the Court may\nbe served, including substituted service in accordance with\nrule 6.09.\n(4) A proceeding for an order for substituted service shall be\ncommenced by the Attorney-General by originating motion, which\nshall not name a defendant.\n80.04 Affidavit of service\n(1) After the document, copy letter of request and any translation have\nbeen served or attempts to serve them have failed, the Sheriff shall\nfile an affidavit made by the person who effected or attempted to\neffect service.\n(2) The affidavit shall:\n(a) where the document, copy letter of request and any translation\nhave been served – state the hour of the day, day of the week\nand date on which they were served, the place and mode of\nservice and manner of identification of the person served; or\n(b) where the document, copy letter of request and any translation\nhave not been served – describe the attempts made to serve\nthem.\n80.05 Certificate\n(1) Where the request for service is made in accordance with a\nConvention, a Registrar shall give either:\n(a) a certificate, sealed with the seal of the Court:\n(i) certifying that the document, copy letter of request and\nany translation, were served on the person to be served,\non the date and in the manner specified in the certificate\nor, if attempts to effect service failed, certifying the\nfailure and the reasons for the failure; and\n(ii) certifying the amount of the costs incurred; or\n\nSupreme Court Rules 1987 316\n(b) such other certificate as is appropriate to the terms of the\nrelevant Convention.\n(2) Where the request for service is not made in accordance with a\nConvention, a Registrar shall give either:\n(a) a certificate, sealed with the seal of the Court:\n(i) annexing the letter of request, a copy of the document to\nbe served and of any translation and a copy of the\naffidavit under rule 80.04;\n(ii) identifying the annexures;\n(iii) certifying that the manner of service of the documents\nand the proof of service are such as are required by the\nRules of the Court regulating the service of originating\nprocess of the Court in the Territory or, if attempts to\neffect service failed, certifying the failure and the\nreasons for the failure; and\n(iv) certifying the amount of the costs incurred; or\n(b) such other certificate as is appropriate to the terms of the\nletter of request.\n(3) A Registrar shall send the certificate to the Attorney-General or, if\nthe letter of request or a relevant Convention so requires, to the\nappropriate consul or other authority.\n81.01 Procedure\n(1) An application for an order for the examination of a witness in the\nTerritory in relation to a matter pending before a court or tribunal in\na place out of the Territory may be made by a person nominated for\nthat purpose by the court or tribunal concerned or, if no person is so\nnominated, by the Solicitor for the Northern Territory with the\nconsent of the Attorney-General.\n(2) The application shall be made by originating motion not joining a\nperson as a defendant and shall be supported by affidavit to which\nshall be exhibited the letter of request, certificate or other document\npursuant to which the application is made and, if that document is\nnot in the English language, a translation in that language.\n\nSupreme Court Rules 1987 317\n81.02 Examiner\nThe Court may make an order for the examination of the witness\nbefore a fit and proper person nominated by the person making the\napplication or such other qualified person as it appoints (in this\nOrder called the examiner).\n81.03 Conduct of examination\n(1) An examination under this Order shall be conducted in accordance\nwith this rule, unless the Court otherwise orders.\n(2) Subject to rules 81.04, 81.05 and 81.06, rules 41.02 to 41.10\ninclusive apply to the examination as if:\n(a) the matter pending before the court or tribunal concerned\nwere a proceeding in the Court;\n(b) the order for the examination were made under\nrule 41.01(1)(a) in that proceeding; and\n(c) where the examiner is a Judge or an Associate Judge, an\norder were made under rule 41.01(1)(a) for the examination of\na person before a Judge or an Associate Judge.\n81.04 Attendance of non-party\nWhere the person on whose application an order is made under this\nOrder is not a party to the matter pending before the court or\ntribunal concerned, the examiner may permit that person and his\nlegal advisers to attend the examination.\n81.05 Deposition and exhibits\n(1) Subrules (4) and (5) of rule 41.08 do not apply to an examination\nunder this Order.\n(2) The examiner shall send the deposition to a Registrar.\n(3) Where the examiner receives an exhibit on the examination, he\nshall, on the conclusion of the examination, return the exhibit to the\nperson producing it, unless the person consents to its retention by\nhim.\n(4) Where the examiner retains an exhibit under subrule (3), he shall\nsend it to a Registrar together with the deposition.\n\nSupreme Court Rules 1987 318\n81.06 Certificate\nOn receipt of a deposition taken under this Order a Registrar shall:\n(a) give a certificate sealed with the seal of the Court annexing\nand identifying the letter of request, certificate or other\ndocument from the court or tribunal requesting the\nexamination, the order of the Court for examination, the\ndeposition and the exhibits (if any) received from the\nexaminer; and\n(b) send the certificate and the annexures to the Attorney-General\nor, where the letter of request, certificate or other document\nwas sent to the Registry or Registrar by some other person\npursuant to a Convention, to that other person.\nChapter 1A General rules of procedure in criminal\nOrder 81A General\n81A.01 Interpretation\n(1) In this Chapter, unless the contrary intention appears:\naccused means a person:\n(a) who has been committed or remanded to the Court for trial or\nsentence or directed to be tried at the Court; or\n(b) in respect of whom an indictment has been presented.\nappeal period means the time for giving notice of appeal or notice\nof application for leave to appeal under section 417 of the Criminal\nCode and, if the time has been extended by the Court, includes that\nextension.\ncourt of trial has the same meaning as in section 406(1) of the\nCriminal Code.\ncriminal registrar means the Sheriff and includes:\n(aa) an Associate Judge; and\n(a) the Registrar; and\n\nSupreme Court Rules 1987 319\n(b) any other officer of the Court who has been assigned the\nduties of a criminal registrar by the Chief Justice.\nDirector means:\n(a) the Director of Public Prosecutions for the Northern Territory\nAct 1990; or\n(b) the Director of Public Prosecutions for the Commonwealth\nAct 1983 of the Commonwealth,\nlegal aid agency means an organisation, whether established by\nor under an Act or otherwise, the primary function of which is to\nprovide legal assistance to persons free of charge, whether or not\nthose persons actually make a payment in respect of that\nassistance.\nprison has the same meaning as in section 5 of the Prisons\n(Correctional Services) Act 1980.\nproper officer means:\n(a) in relation to a provision of an Act specified in subrule (2) – a\nperson specified as the proper officer for the purposes of that\nprovision; or\n(b) in any other case – an officer of the Court who is authorised\nto:\n(i) receive documents on behalf of the Court; or\n(ii) do an act or thing for or on behalf of the Court, the doing\nof which is required for the purposes of or is referred to\nin this Chapter.\ntrial includes a plea hearing.\n(2) The proper officer of the Court for the purposes of:\n(a) sections 11(4)(b), 13(4)(b), 21, 25 and 96 of the Sentencing\nAct 1995 – is the Associate Judge, the Registrar or the Sheriff;\n(b) section 43(8) of the Sentencing Act 1995 – is the associate to\nthe Judge who made the order or the Sheriff;\n\nSupreme Court Rules 1987 320\n(c) section 99(4) of the Sentencing Act 1995 – is the associate to\nthe Judge who made the order;\n(d) section 99(6)(a) and (b) and (7) of the Sentencing Act 1995 –\nis the Registrar or the Sheriff; and\n(e) section 139 of the Local Court (Criminal Procedure)\nAct 1928 – is the Registrar and any person employed in the\nRegistry of the Court.\n(3) A reference in this Chapter to a Form of a particular alphanumeric\ndesignation means the form with that designation as approved by\nthe Chief Justice and published on the Court's website.\n81A.02 Application\n(1) This Chapter applies to a proceeding in the Court relating to its\ncriminal jurisdiction.\n(2) This Chapter does not apply to any matter respecting an appeal.\n81A.02A Authority of Associate Judge in criminal proceedings\n(1) Subject to these Rules, an Associate Judge may exercise the\npowers and authority of the Court:\n(a) in relation to a matter on an arraignment day as mentioned in\nrule 81A.14; and\n(b) under the Bail Act 1982.\n81A.03 Dispensing with compliance\nThe Court may dispense with compliance with a requirement of this\nChapter, either before or after the occasion for compliance arises.\n81A.04 Time\nRules 3.01, 3.02 and 3.03, with the necessary changes, apply for\nthe purposes of this Chapter.\n81A.05 Private practitioner acting for accused to notify Court\n(1) Subject to subrule (2), a legal practitioner who is engaged to act for\nan accused in a proceeding must notify the Court as soon as\nreasonably practicable after beginning to act for the accused.\n(2) Subrule (1) does not apply:\n(a) to a person who practises solely as a barrister; or\n\nPart 2 Filing, sealing and inspection of court documents\nSupreme Court Rules 1987 321\n(b) to a legal practitioner who is an employee of a legal aid\nagency and who is acting on behalf of the accused.\nPart 2 Filing, sealing and inspection of court\ndocuments\n81A.06 How document is filed\nA document in a proceeding is to be filed:\n(a) in the Registry where the proceeding commenced; or\n(b) with the proper officer of the Court.\n81A.07 Place of filing\n(1) Documents in respect of a proceeding in Darwin are to be\npresented in the Registry at Darwin for filing.\n(2) Documents in respect of a proceeding in Alice Springs are to be\npresented in the Registry at Alice Springs for filing.\n(3) A document received in a registry for filing is not filed until it is\naccepted by the proper officer.\n(4) Despite subrules (1) and (2), if an urgent application is made in a\nproceeding, a document may be filed in connection with that\napplication at the Registry at the place where the application is\n81A.08 Date of filing\nThe Registrar or proper officer must endorse the date and time of\nfiling on every document filed.\n81A.09 Inspection of documents\n(1) When the Registry of the Court is open, a person may inspect and\nobtain a copy of a document filed in a proceeding that is part of the\nrecord of proceedings of a trial within the meaning of rule 81A.39.\n(2) Despite subrule (1):\n(a) a person may not inspect or obtain a copy of a document that\nthe Court has ordered remain confidential; and\n(b) a person who is not a party may not without leave of the Court\ninspect or obtain a copy of a document that in the opinion of a\nRegistrar ought to remain confidential to the parties.\n\nSupreme Court Rules 1987 322\n81A.10 Service\nSubject to this Chapter, if a document referred to in this Chapter is\nrequired to be served, service of the document is to be effected by:\n(a) subject to paragraph (c), if the provision requiring service of\nthe document specifies a person on whom the document is to\nbe served – serving personally in accordance with rule 6.03(1)\non the person a signed and sealed copy of the document;\n(b) subject to paragraph (c), if the provision requiring service of\nthe document does not specify a person on whom the\ndocument is to be served – by serving personally in\naccordance with rule 6.03(1) on each person who is affected\nby the application to which the document relates and is\nentitled to be heard a signed and sealed copy of the\ndocument;\n(c) if the person being served is in prison – by serving personally\non the person's legal representative or on a prison officer at\nthe prison a signed and sealed copy of the document; or\n(d) if the Court orders otherwise – in the manner specified by the\n81A.11 Applications generally\n(1) Unless otherwise provided for in this Chapter, an application to the\nCourt may be made orally.\n(2) If a written application is required by this rule or this Chapter to be\nserved:\n(a) the form of the application is to be in accordance with\nForm 81A-A unless otherwise provided for in these Rules; and\n(b) the application is to be served, sealed and filed, together with\nany supporting affidavit, not later than 2 days before the\nhearing of the application.\n(3) If a written application is required by this rule or this Chapter but is\nnot required to be served, the application is to be in accordance\nwith Form 81A-B unless otherwise provided for in these Rules.\n\nSupreme Court Rules 1987 323\n(4) A written application to the Court is required:\n(a) for a review of a community work order under section 38 of the\n(b) to vary or cancel an order conditionally suspending a sentence\nunder section 42 of the Sentencing Act 1995;\n(c) for an order relating to a breach of an order suspending a\nsentence under section 43 of the Sentencing Act 1995;\n(d) for a review of a home detention order under section 47 of the\n(e) for a review of an indefinite sentence under section 72 or 73 of\nthe Sentencing Act 1995;\n(f) to vary or cancel a hospital order under section 85 of the\nSentencing Act 1995 or to discharge a hospital order and\nimpose another sentence under section 20BU of the Crimes\nAct 1914 of the Commonwealth;\n(g) for an order relating to a breach of a hospital order under\nsection 86 of the Sentencing Act 1995;\n(h) to discharge or vary the terms of a recognisance under\nsection 20AA of the Crimes Act 1914 of the Commonwealth or\nto release a person from custody under section 20BC(7) of\nthat Act;\n(j) to reopen proceedings under section 112(3)(b) of the\n(k) for an order under an Act where the application is to be in\nwriting but the form is not prescribed;\n(m) in any case where the Chief Justice directs by practice\ndirection; or\n(n) in any other case where the Court directs.\n81A.12 Proceeding for breach of bail\n(1) Subject to subrule (3), a proceeding against a person for a bail\noffence, other than a bail offence mentioned in section 39 of the\nBail Act 1982, must be commenced by filing a complaint in\naccordance with Form 81A-C issued by a justice of the peace.\n\nSupreme Court Rules 1987 324\n(2) In addition:\n(a) a summons in accordance with Form 81A-D issued by a\njustice of the peace must be served on the person in\naccordance with rule 81A.10; and\n(b) an affidavit of service of the summons in accordance with\nForm 81A-D must be filed before the hearing of the bail\noffence.\n(3) If a person is arrested and brought before the Court under\nsection 38 of the Bail Act 1982, a complaint in accordance with\nForm 81A-C issued by a justice of the peace must be filed before\nthe hearing of the bail offence is completed.\n(4) In this rule:\nbail offence, see section 37B(1) of the Bail Act 1982.\n81A.14 Arraignments\n(1) Except in special circumstances, the Director must present an\nindictment to the Court in respect of an accused on the first\noccasion on which the accused is required to appear in court.\n(2) If suitable arrangements for a videoconferencing link between the\nCourt and a prison can be made, an accused who is on remand at\nthe prison may be present by means of that link at an arraignment\nday after he or she is committed for sentence or trial.\n(3) Despite subrule (2), if an accused is on remand, the accused, his or\nher legal representative or the Director may request that the\naccused attend arraignment day in person and the Court may order\nthat the accused so attend.\n(4) An accused who is present at arraignment day by means of a\nvideoconferencing link is not to be required to plead.\n(5) If a matter before the Court on an arraignment day has been\nallocated a date for trial or hearing of submissions on a point of law\nor evidence, the Court may confirm, change or vacate that date.\n(6) In addition to any other powers that the Court has in relation to a\nmatter on an arraignment day, the Court has the powers and\nfunctions of a Judge at a pre-trial hearing.\n\nSupreme Court Rules 1987 325\n81A.15 Fixing time for pre-trial conference\nAs soon as practicable after becoming aware that an accused has\nbeen committed for trial or sentence or an ex officio indictment has\nbeen laid, a criminal registrar must:\n(a) file the notice of committal for trial or sentence or notice of the\nex officio indictment, as the case may be;\n(b) fix a time and date for a pre-trial conference; and\n(c) not less than 14 days before the date fixed for the conference,\nnotify:\nunrepresented, the accused,\nof the time and date of the conference.\n81A.16 Pre-trial conference\n(1) A pre-trial conference:\n(a) is to be conducted by a criminal registrar;\n(b) is to be attended by:\nunrepresented, the accused; and\n(c) may be conducted by teleconference or videoconference.\n(2) At a pre-trial conference:\n(a) for the expeditious conduct of the proceedings, the criminal\nregistrar may enquire into a matter specified in Schedule 2;\n(b) the Director and the accused person or his or her legal\nrepresentative are to be prepared to answer questions and\nprovide information to the criminal registrar on the matters\nspecified in Schedule 2; and\n\nSupreme Court Rules 1987 326\n(c) the Director must, subject to subrule (3):\n(i) give notice of the name of each person who may be\ncalled as a witness for the prosecution at the trial and\nwhose statement has not been provided to the accused\nor who was not called to give evidence at the committal\n(ii) give notice of the substance of the evidence proposed to\nbe adduced from each person referred to in\nsubparagraph (i), either by providing a copy of a\nstatement made by the witness or otherwise;\n(iii) if the Director has not already done so – comply with\nsections 116(2) and 139 of the Local Court (Criminal\nProcedure) Act 1928;\n(iv) provide to the criminal registrar the information the\ncriminal registrar reasonably requires in relation to the\navailability of each witness for the prosecution; and\n(v) notify the criminal registrar and the accused person's\nlegal representative or, if the accused is unrepresented,\nthe accused, of the name of a potential witness for the\nprosecution whose deposition the prosecution proposes\nto apply to tender in evidence and the grounds of the\nproposed application.\n(3) The Director does not have to comply with subrule (2)(c)(i)\nor (2)(c)(v) in respect of a witness if he or she is satisfied that it is\nnot in the interests of the witness's personal safety to comply with\nthat subrule.\n(4) Anything said at a pre-trial conference by or on behalf of the\nprosecution or an accused, or a failure by the prosecution or an\naccused or his or her legal representative to answer a question at a\npre-trial conference, is not to be used in the trial or made the\nsubject of comment at the trial.\n(5) Subrule (4) does not preclude an accused from relying at the trial\non an indication of an intention to plead guilty given at a pre-trial\n81A.17 Powers of criminal registrar at pre-trial conference\n(1) At a pre-trial conference the criminal registrar may:\n(a) subject to subrule (2), allocate a trial date to a matter, either\nas a head trial or as a back-up trial, which date may be\nconfirmed by a Judge at the next arraignment day or at some\n\nSupreme Court Rules 1987 327\nother date;\n(b) fix a time and date for the hearing of a plea or for a mention\nbefore a Judge;\n(c) adjourn the pre-trial conference for further hearing by the\ncriminal registrar;\n(d) allocate a hearing date to a matter for a hearing before the\njury is empanelled on a point of law or admissibility of\nevidence, which date is to be confirmed by a Judge at the next\narraignment day or at some other date; or\n(e) adjourn the pre-trial conference for a pre-trial hearing by a\n(2) A criminal registrar may allocate a date under subrule (1)(a), (b)\nor (d) even if the accused or his or her legal representative does not\ncertify that the accused will be ready to proceed on the matter on\nthat date.\n(3) If, at a pre-trial conference, the criminal registrar is of the opinion\n(a) the trial of the matter is likely to exceed the length of a criminal\nsitting;\n(b) additional time, other than that presently allocated for the trial\nof criminal matters, will be needed for the trial of the matter;\n(c) the trial of the matter is urgent;\n(d) the accused is not legally represented and intends to conduct\nhis or her own defence at the trial; or\n(e) there is any other reason for doing so,\nthe criminal registrar must adjourn the pre-trial conference for a\npre-trial hearing.\n(4) If the criminal registrar determines that a pre-trial hearing is to be\nheld, he or she must allocate a date for the hearing, which date is to\nbe confirmed by a Judge.\n(5) At a pre-trial conference, the criminal registrar may, with the\nconsent of the Director and the accused, make an order for the\ninspection or copying of documents in the custody of the\nprosecution or in the custody of the Court.\n\nSupreme Court Rules 1987 328\n81A.18 Pre-trial hearing\n(1) A pre-trial hearing:\n(a) is to be conducted by a Judge in open court;\n(b) is to be attended by:\nunrepresented or if the Court determines, the accused;\nand\n(c) may be conducted by teleconference or videoconference.\n(2) At a pre-trial hearing, the Court may:\n(a) ask any questions it considers necessary;\n(b) give directions it thinks fit with respect to the preparation for\ntrial, readiness for trial or conduct of the trial; and\n(c) make any order, whether by consent or otherwise, for the\nexpeditious conduct of the trial.\n(3) Anything at a pre-trial hearing said by or on behalf of the\nprosecution or an accused, or a failure by the prosecution or an\naccused or his or her legal representative to answer a question at a\npre-trial hearing, is not to be used in the subsequent trial or made\nthe subject of comment at the trial.\n(4) Subrule (3) does not preclude an accused from relying at the trial\non an indication of an intention to plead guilty given at a pre-trial\n81A.19 Tendering documents at pre-trial conference or pre-trial\nhearing\n(1) If:\n(a) a party intends to tender a document at a trial; and\n(b) the criminal registrar conducting the pre-trial conference or the\nJudge conducting the pre-trial hearing, as the case may be, is\nsatisfied that it is appropriate in the circumstances,\nthe party may produce the document at the pre-trial conference or\npre-trial hearing to be marked as a preliminary exhibit.\n\nSupreme Court Rules 1987 329\n(2) A party producing a preliminary exhibit must ensure that a copy of\nthe exhibit is served upon each party before or at the time it is\ntendered at the pre-trial conference or pre-trial hearing.\n(3) A preliminary exhibit:\n(a) is to be placed in the custody of the Court with a number of\ncopies of the exhibit sufficient for the use of the trial Judge and\nthe jury;\n(b) is to be marked as a preliminary exhibit by the criminal\nregistrar or Judge's associate, as the case may be; and\n(c) is not to be taken to be evidence until admitted into evidence\nat the trial.\n81A.20 Definition\nIn this Part, at risk includes at risk of suicide or any other significant\nrisk to physical or mental health.\n81A.21 Duty to disclose risk\nIf:\n(a) there is information available to a prosecutor that the accused\nmay be at risk if remanded into custody or committed to a\nprison; or\n(b) the accused's legal representative forms the opinion that the\naccused may be at risk if remanded into custody or committed\nto a prison,\nthe prosecutor or legal representative must disclose the information\nor opinion to the Court as soon as possible.\n81A.22 Court may order disclosure to Sheriff and officer in charge of\nprison\nIf:\n(a) information or an opinion has been disclosed to the Court\nunder rule 81A.21; or\n(b) there is material before the Court upon which the Court may\nconclude that the accused may be at risk if remanded into\ncustody or committed to a prison,\n\nSupreme Court Rules 1987 330\nand the accused is to be remanded or committed, the Court may\norder that the information, opinion or material disclosed be brought\nto the attention of the Sheriff and the officer in charge of the prison\nto which the accused is to be remanded or committed.\n81A.23 Sheriff to be informed of and explain order\n(1) If an order has been made under rule 81A.22, the Court must as\nsoon as possible inform the Sheriff of the making of the order.\n(2) After receiving notice of the making of an order under subrule (1),\nthe Sheriff must:\n(a) write out the order and deliver it to the Judge for signature;\n(b) attach to a sealed copy of the order the relevant transcript of\nthe proceedings and any other document the Court ordered to\nbe attached to the order;\n(c) forward a sealed copy of the order, whether by facsimile or\notherwise, to the officer in charge of the prison, together with\nthe attachments referred to in paragraph (b);\n(d) ensure that the terms of the order are explained to each\nDeputy Sheriff, and to each prison officer, into whose custody\nthe prisoner is to be delivered;\n(e) forward a sealed copy of the order, together with the\nattachments referred to in paragraph (b), to each prison officer\ninto whose custody the prisoner is to be delivered; and\n(f) ensure that the prisoner is not left unsupervised while in the\ncustody of the Court.\n81A.24 \"At risk\" to be written on warrants\nIf an order is made in accordance with rule 81A.22, a warrant\nrelating to the custody of the person who is or is to become a\nprisoner is to be stamped with the words \"AT RISK\" in large letters.\n81A.25 Subpoenas\nOrder 42 applies to a proceeding to which this Chapter applies.\n\nSupreme Court Rules 1987 331\n81A.26 Evidence by videoconferencing\n(1) Evidence may be given by way of a videoconferencing link:\n(a) on the hearing of a guilty plea;\n(b) on the hearing of an application in pursuance of section\nsection 189 of the Evidence (National Uniform Legislation)\nAct 2011; or\n(c) at the trial of an accused.\n(2) A submission in relation to evidence given by way of a\nvideoconferencing link:\n(a) on the hearing of a guilty plea; or\n(b) on the hearing of an application in pursuance of section 189 of\nthe Evidence (National Uniform Legislation) Act 2011,\nmay be heard by way of a videoconferencing link.\n(3) If the Director or the accused intends to adduce evidence by means\nof a videoconferencing link, he or she must, not later than 4 weeks\nbefore the date fixed for the hearing or trial of the accused:\n(a) give notice to the other party or the other party's legal\nrepresentative of his or her intention;\n(b) file a copy of the notice; and\n(c) deliver a copy of the notice to the trial Judge's associate or to\nthe criminal registrar.\n(4) A notice under subrule (3) is to specify:\n(a) the name of each witness who is to be called;\n(b) the proposed time of the videoconference; and\n(c) the anticipated duration of the witness's evidence-in-chief.\n(5) A party to whom a notice under subrule (3) has been given may,\nnot later than 7 days after receiving the notice, object to the\nproposal contained in the notice, by filing in the Registry an\nobjection in writing.\n(6) The objection is to be served on the other party not later than\n14 days before the trial or hearing at which the evidence is\nproposed to be adduced.\n\nSupreme Court Rules 1987 332\n(7) An objection is to be dealt with by the trial Judge.\n(8) The party proposing to adduce evidence by means of a\nvideoconferencing link must arrange and pay for the booking of all\nnecessary facilities and other associated costs and expenses.\n(9) If an objection has not been filed within the period referred to in\nsubrule (5), the proposal to adduce evidence by means of a\nvideoconferencing link is to be taken to have been consented to by\nboth parties.\n(10) If it is proposed to show to the witness whose evidence is being\ngiven by way of a videoconferencing link a document in the course\nof the examination-in-chief or cross-examination, the party\nproposing to show the document must provide a copy of the\ndocument to the trial Judge's associate in sufficient time to enable\nthe document to be transmitted or sent to the place where the\nwitness will be giving his or her evidence.\n(11) A document transmitted or sent in accordance with subrule (10) is\nto be kept in a sealed envelope and not shown to the witness or\nany other person until counsel for the party proposing to show the\ndocument requires the witness to be shown the document while the\nwitness is giving evidence.\n81A.27 Victim impact statements and victim reports\nFor the purposes of section 106B(8) of the Sentencing Act 1995:\n(a) in the case of a written victim impact statement or report – the\ncopy of the statement or report; or\n(b) in the case of an oral victim impact statement or report – the\nwritten or oral summary of its contents,\nis to be provided to the offender not later than 7 days before the\ndate of the hearing of the plea for sentence.\n81A.27A Special hearing\nIf the prosecution intends to elect under section 21B(2)(b) of the\nEvidence Act 1939 to present the whole of the evidence of a\nwitness by video tape or other audio-visual means:\n(a) the prosecution must give notice of its intention to the accused\nand the Court as soon as reasonably practicable after the\naccused has been committed for trial; and\n\nSupreme Court Rules 1987 333\n(b) the criminal registrar must allocate a date for the special\nhearing; and\n(c) to the extent possible, the Judge allocated to conduct the\nspecial hearing must be the Judge allocated to conduct the\ntrial; and\n(d) the Registrar must ensure the recording equipment necessary\nfor the special hearing is available and reserved for the\n81A.27B Accused to plead\nAt the commencement of the special hearing, the accused must be\narraigned and he or she must plead guilty or not guilty.\n81A.27C Objection to admissibility of evidence\n(1) The Judge conducting the special hearing must hear and decide all\nobjections to the admissibility of evidence at the time of the special\n(2) An objection can be reactivated at the time of trial (or re-trial) with\nleave of the Judge conducting the proceedings.\n(3) If an objection is upheld in relation to the admissibility of evidence\nthat has been recorded, the recording must be edited before being\npresented at the trial.\n81A.27D Special hearing may be re-opened\n(1) A special hearing stands adjourned at the completion of the\nrecording of evidence.\n(2) If the Court considers it necessary in the interests of justice, the\nCourt may re-open the special hearing of its own volition or on\napplication by the prosecution or defence.\n(3) The special hearing may be re-opened at any time before the jury\nretires to consider its verdict (including in a re-trial).\n(4) Unless the Judge otherwise orders, the prosecution and defence\ncan question the witness at a re-opened special hearing only in\nrespect of any issue that gave rise to the re-opening.\n(5) If the Judge who presided over a special hearing was not the trial\nJudge, the re-opened hearing may be conducted by another Judge\nwhether or not that Judge is the trial Judge.\n\nSupreme Court Rules 1987 334\n81A.27E Duplicate of recording to be made\n(1) At the completion of the special hearing, the Sheriff must make a\nduplicate copy of the recording.\n(2) The original recording must be marked as such and given to the\nRegistrar for safe-keeping.\n(3) The duplicate recording must, unless required for editing in\naccordance with this Part, also be given to the Registrar for safe-\nkeeping.\n81A.27F Editing of recording\n(1) If the recording of the evidence requires editing, the Judge may\nmake the orders that he or she thinks fit.\n(2) An order under subrule (1) may include an order that the duplicate\ntape is to be given to the prosecution to effect the editing.\n(3) The order may also include directions for the means by which the\nedited recording is to be validated as correctly edited for use at the\ntrial.\n(4) The edited version of the recording must be marked as such and,\nonce validated, must be given to the Sheriff.\n(5) The Sheriff must make a duplicate copy of the edited tape and mark\nthe duplicate as \"trial copy\".\n(6) The edited recording and the trial copy, along with the duplicate\nunedited recording (if such a version still exists) must be given to\nthe Registrar for safe-keeping.\n81A.27G Access to recording\n(1) Each version of the recording of a special hearing is the property of\nthe Court and, subject to the necessity to edit in accordance with\nthis Part, must remain in the custody of the Court at all times.\n(2) No copies of the pre-recorded evidence are to be given to the\nparties (except for editing in accordance with rule 81A.27F), but the\nprosecution and defence may, on request, view the trial copy under\nthe supervision of the Sheriff or Registrar.\n(3) The Sheriff must produce the trial copy of the recording of the\nspecial hearing at the trial.\n(4) The trial copy of the pre-recorded evidence must be played to the\njury at the trial but not tendered as an exhibit.\n\nSupreme Court Rules 1987 335\n81A.27H Transcript\n(1) A transcript must be made of the trial copy of the recording of the\nspecial hearing.\n(2) The transcript must be made available to all parties.\n81A.27J Other matters\n(1) The Judge who conducts a special hearing may make any\ndirections that he or she considers necessary for the efficient\nconduct of the trial.\n(2) Without limiting subrule (1), directions may include making an order\nunder section 21A(2A) of the Evidence Act 1939.\n81A.28 Discovery, inspection and preservation of property\n(1) If it appears that a person (other than the accused) has or is likely\nto have, or had or is likely to have had, in his or her possession or\npower a document that relates to a question likely to be raised at\nthe trial of the accused, the Director or the accused may apply to\nthe Court for an order that the person make discovery to the\napplicant of the document.\n(2) Documents ordered to be discovered may be discovered:\n(a) if the Court does not specify a method of discovery:\n(i) by delivering to the applicant a list of the documents\nprepared in accordance with rule 29.04; or\n(ii) by producing to the applicant the original documents for\ninspection; or\n(b) if the Court specifies a method of discovery – by that method.\n(3) If a document is produced to an applicant, the applicant may:\n(a) copy the document, including by taking a photocopy or\nphotograph of it; or\n(b) request a photocopy of the document.\n\nSupreme Court Rules 1987 336\n(4) If an applicant requests a photocopy of a document, the person\nproducing the document must, at his or her option, either:\n(a) allow the applicant to photocopy the document at a place\nagreed by the parties; or\n(b) supply the applicant with a photocopy of the document.\n(5) The cost of photocopying a document is payable by the applicant.\n(6) If a person provides a list of documents in accordance with\nsubrule (2)(a)(i), the person to whom the list is provided may apply\nto the Court for an order that:\n(a) the documents or some of them be produced to the applicant\nfor inspection; and\n(b) the applicant pay the costs of preparing and serving the list of\ndocuments and the costs of opposing the order incurred by\nthe person who was required to produce the document.\n(7) Unless otherwise ordered by the Court, an application under\nsubrule (1) or (6) is to be supported by affidavit and the application\nand supporting affidavit are to be served on the person against\nwhom discovery is sought.\n(8) An order under subrule (1) or (6) may be made ex parte if the\napplicant establishes that it is necessary to do so in the interests of\njustice.\n81A.29 Inspection, detention and preservation of property\n(1) The Director or the accused may apply to the Court for an order for\nthe inspection, detention, custody or preservation of property,\nincluding the property of the accused, that is in the possession,\ncustody or power of another person or body.\n(2) An order under subrule (1) is not to be made unless it is established\nby the applicant that the order is necessary in the interests of\njustice.\n(3) An order under subrule (1) may authorise a person to:\n(a) enter land or do any other thing for the purpose of obtaining\naccess to the property;\n(b) take samples of the property;\n(c) make observations of the property, including photographing\nthe property;\n\nSupreme Court Rules 1987 337\n(d) conduct an experiment on or with the property; or\n(e) observe a process in relation to the property.\n(4) The Court may not make an order under subrule (1) unless:\n(a) subject to subrule (5), the application and a supporting\naffidavit are served upon the person or body who or which has\npossession or custody of or power over the property to which\nthe order relates; and\n(b) the applicant gives security for the costs and expenses of any\nloss or damage that may be caused to that person or body if\nthe order is made.\n(5) The application and supporting affidavit are not required to be\nserved on the person or body who or which has possession or\ncustody of or power over the property to which the order relates if\nthe Court is satisfied that it is necessary, in the interests of justice,\nto make the order ex parte.\n(6) If the application is for an order for the preservation of property that\nis:\n(a) a living thing;\n(b) of a perishable nature; or\n(c) likely to deteriorate or diminish in value if kept,\nthe Court may order instead that the property be photographed or\nthat a video recording be made of it.\n(7) A photograph taken or recording made of property in pursuance of\nan order under subrule (6) is admissible in evidence at the trial\nwithout production of the original property.\n(8) The Court must not make an order under subrule (6) unless a copy\nof the application has been served on:\n(a) if the application was made by the Director – the accused or\nhis or her legal representative; or\n(b) if the application was made by the accused or his or her legal\nrepresentative – the Director.\n81A.30 Rights of person affected by ex parte orders\n(1) A person against whom an ex parte order under this Chapter is\nmade may apply to the Court to set aside that order.\n\nSupreme Court Rules 1987 338\n(2) An application under subrule (1) and a supporting affidavit are to be\nserved on the person who obtained the order or his or her legal\nrepresentative.\n(3) On the hearing of an application under subrule (1), the Court may\nmake:\n(a) the orders it considers to be in the interests of justice; and\n(b) the orders for the costs of the application it considers\nPart 8 Orders made at trial or other hearing relating to\nexhibits and other property\n81A.31 Return of preliminary exhibits\nA preliminary exhibit that is not to be tendered at a trial is:\n(a) if it was produced on behalf of the prosecution – to be\nreturned to the custody of the prosecution; and\n(b) if it was produced otherwise than by the prosecution – to be\nreturned to the custody of the person who produced it.\n81A.32 Preservation of exhibits\n(1) The Court may make orders or give directions for the production,\ncustody or disposal of an exhibit or other item tendered in evidence.\n(2) The Court must keep a record of an order made or direction given\nunder subrule (1).\n(3) Subject to an order or direction under subrule (1), an exhibit or\nother item must be retained by the criminal registrar until:\n(a) if an appeal is lodged – 6 months after the conclusion of the\nappeal; or\n(b) if no appeal is lodged – 6 months after the appeal period\nexpires.\n(4) Subrule (3) does not apply to:\n(a) a document of a kind kept by the criminal registrar; or\n(b) an exhibit to which section 415 of the Criminal Code applies.\n\nSupreme Court Rules 1987 339\n(5) After the conclusion of an appeal, the Registrar must return to the\ncriminal registrar the original depositions, exhibits, indictments, plea\nand other documents forming part of the record of the trial that were\ngiven to the Registrar for the purposes of the appeal.\n81A.33 Court of trial may permit conditional release of documents etc.\nThe court of trial may permit the conditional release of a document,\nexhibit or other item tendered at the trial to a party on receipt of an\nundertaking by the party to return the document, exhibit or item:\n(a) on a date fixed by the court of trial; or\n(b) 7 days after lodgement of a notice of appeal,\nwhichever is the earlier.\n81A.34 Release of documents etc. tendered in pursuance of\nsection 189 of Evidence (National Uniform Legislation)\nAct 2011\nOn the determination of a question under section 189 of the\nEvidence (National Uniform Legislation) Act 2011, the trial Judge\nmay immediately release to a party a document, exhibit or other\nitem tendered for the purposes of that section without requiring an\nundertaking by the party to return the document.\n81A.35 Destruction of uncollected documents etc.\nThe court of trial may order the destruction of documents, exhibits\nand other items tendered at the trial that are uncollected or unable\nto be returned as at the end of 6 months after:\n(a) the appeal period expires; or\n(b) if an appeal is lodged – the date on which the Court of\nCriminal Appeal delivers judgment or the appeal is withdrawn.\n81A.36 Custody of property of person found guilty\nIf the trial Judge makes an order for the restitution of property or the\npayment of compensation by a person found guilty at the trial, the\nJudge must give directions for the custody, during the appeal\nperiod, of money or other valuable property belonging to the person\n(a) was taken from that person when arrested; or\n(b) is in the possession of the prosecution at the date the person\nwas found guilty or the date of application for leave to appeal.\n\nSupreme Court Rules 1987 340\n81A.37 Order for security to be given\nIf the trial Judge makes an order for the payment of money and\nsuspends the order, the Judge may direct that security is to be\ngiven to the satisfaction of the person in whose favour the order is\n81A.38 Consequential orders\n(1) If:\n(a) a person has been found guilty of an offence and the trial\nJudge has made orders consequential on that finding; and\n(b) an appeal is instituted:\n(i) under Chapter 2 by the person found guilty; or\n(ii) under section 414 of the Criminal Code by a Crown Law\nOfficer within the meaning of the Code,\nthe court of trial may, on written application:\n(c) make orders suspending or refusing to suspend the\n(d) make orders or give directions in relation to the effect of the\nor\n(e) make orders or give directions in relation to the vesting,\npreservation or disposal of the property to which the\nconsequential orders relate,\non the terms the court thinks fit.\n(2) An application under subrule (1) is to be in accordance with\nForm 81A-E.\n(3) If, on a finding of guilt, the trial Judge orders under a law in force in\nthe Territory that any property, matter or thing be destroyed or\nforfeited, subject to subrule (1)(e), the order is suspended until:\n(a) the appeal period expires; or\n(b) if an appeal is lodged – the period of 28 days after the\ndetermination of the appeal expires.\n(4) If:\n(a) a person has been found guilty of an offence; and\n\nSupreme Court Rules 1987 341\n(b) a claim may be made or proceedings taken against that\nperson or another person as a result of that finding,\nthat claim may not be made or those proceedings taken until:\n(c) the appeal period expires;\n(d) if an appeal is lodged – the period of 28 days after the date of\nthe determination of the appeal expires; or\n(e) after a later date ordered by the trial Judge.\n(5) A person affected by an order to which this rule applies, may, with\nthe leave of the Court of Criminal Appeal, be heard on the final\ndetermination of an appeal before the order is varied or annulled by\nthat Court.\n81A.38A Submissions on sentencing or sentencing by videoconference\nby the Judge's own motion\n(1) After a person has entered a guilty plea or has been found guilty\nfollowing a trial, the Judge, on his or her own motion, may do either\nor both of the following by means of a videoconference:\n(a) hear submissions on sentencing;\n(b) sentence the person.\n(2) If a videoconference is held under subrule (1):\n(a) the Court must provide and meet the expenses of the facilities\nnecessary to enable the videoconference; and\n(b) the Court must notify the parties or their solicitors of the place\nwhere they may attend by use of those facilities.\n(3) A party seeking to tender an item as an exhibit during a hearing\nheld under subrule (1) must arrange for the item to be provided to\nthe Court in time for the hearing.\nFor example, a party may fax or email a document to the Court prior to the\nhearing date.\n\nSupreme Court Rules 1987 342\n81A.38B Submissions on sentencing or sentencing by videoconference\nby application\n(1) With the permission of the Judge, a party may do either or both of\nthe following by means of a videoconference:\n(a) attend a hearing to make submissions on sentencing;\n(b) attend the sentencing.\n(2) A party who has been granted permission under subrule (1) must\nprovide and meet the expenses of the facilities necessary to enable\nthem to attend by videoconference, unless the Judge directs\notherwise.\n(3) A party who attends the hearing by videoconference and seeks to\ntender an item as an exhibit must arrange for the item to be\nprovided to the Court in time for the hearing.\nFor example, a party may fax or email a document to the Court prior to the\nhearing date.\n81A.39 Record of proceedings and recording of orders\n(1) For the purposes of section 428 of the Criminal Code, the record of\nthe proceedings of a trial consists of:\n(a) the indictment;\n(b) subject to subrules (4) and (5), the official tape recordings of\nthe proceedings of the trial made by persons approved by the\nChief Justice; and\n(c) the official transcript, made by persons approved by the Chief\nJustice, of the official tape recordings.\n(2) An official transcript is to be made of the evidence of each witness\ncalled to give evidence at a trial.\n(3) The Court or a Judge may order that an official transcript of any\nother part of the proceedings be made.\n(4) The trial Judge may at any time correct an official transcript of an\nofficial tape recording if he or she is satisfied that it does not\ncorrespond with the official tape recording.\n\nSupreme Court Rules 1987 343\n(5) Once an official transcript has been made, the official tape\nrecording of the part of the proceedings transcribed ceases to be\npart of the record of the proceedings of the trial.\n(6) All official tape recordings of a trial cease to be part of the record of\nthe proceedings of the trial and may be erased or destroyed:\n(a) if an appeal has not been lodged – after 6 months after the\nappeal period has expired; or\n(b) if an appeal has been lodged – after 28 days after the\ndetermination of the appeal.\n(7) A person approved by the Chief Justice may correct the official\ntranscript of the proceedings of a trial by reference to the official\ntape recording of the proceedings, whether or not the tape\nrecordings have ceased to be official tape recordings under\nsubrule (5) or (6).\n(8) A Judge or his or her associate must note on the back of the\nindictment or on a piece of paper attached to the back of the\nindictment:\n(a) the accused's plea or pleas;\n(b) the verdict of the jury, if any;\n(c) the recording of a conviction, if any;\n(d) the sentence of the Court, if any;\n(e) the order finally disposing of the indictment;\n(f) any other order made by the Court after a plea of guilty has\nbeen entered or the verdict of the jury has been taken; and\n(g) the amount of the levy payable by the accused under Part 6 of\nthe Victims of Crime Assistance Act 2006.\n(9) The Judge or associate must, in respect of each notation made\nunder subrule (8):\n(a) include the date of the plea, verdict, conviction, sentence,\norder or levy; and\n(b) sign and date the notation.\n\nSupreme Court Rules 1987 344\n(10) In the case of an order in relation to a criminal trial to which\nsubrule (8) does not apply:\n(a) the order is to be recorded on the back of the application and\nthen filed; or\n(b) if there is no application – a written note of the order is to be\nmade by the Judge or his or her associate and then filed.\n(11) A notation made in accordance with subrule (8), (9) or (10) forms\npart of the record referred to in section 428 of the Criminal Code.\n81A.40 Certificate of conviction\n(1) A proper officer must not issue:\n(a) a certificate of conviction of a person convicted in the Court;\n(b) a certificate of conviction of a person convicted in the Local\nCourt under Part V, Division 2 of the Local Court (Criminal\nProcedure) Act 1928; or\n(c) a certificate under section 21B of the Crimes Act 1914 of the\nCommonwealth,\nuntil:\n(d) the appeal period expires; or\n(e) if an appeal is lodged – after the determination of the appeal.\n(2) A person may apply, not earlier than 28 days after a conviction is\nrecorded, to a proper officer for a certificate of conviction in relation\nto that conviction.\n(3) The proper officer must issue a certificate of conviction if the\napplication is accompanied by a certificate, in the form approved by\nthe Registrar and signed by the Registrar and certifying that no\nappeal has been lodged against the conviction.\n(4) A certificate of conviction is to be in accordance with Form 81A-F.\n(5) In this rule, appeal includes an application for leave to appeal.\n\nSupreme Court Rules 1987 345\n81A.41 Form of warrants, orders etc.\n(1) A warrant of commitment:\n(a) to a prison is to be in accordance with Form 81A-G; and\n(b) to a detention centre within the meaning of the Youth Justice\nAct 2005 is to be in accordance with Form 81A-H.\n(2) A copy of a warrant of commitment to a prison or a detention centre\nis to be given by the Sheriff to the Director and to the offender or\nthe offender's legal representative.\n(3) If the Court imposes a sentence of imprisonment but directs that it\nbe wholly or partly suspended without requiring any security, the\nSheriff must prepare a notice in accordance with Form 81A-I and\ngive it to the Director and the offender or the offender's legal\nrepresentative.\n(4) A recognisance release order under the Crimes Act 1914 of the\nCommonwealth or an order to release a person on his or her giving\nsecurity is to be in accordance with Form 81A-J or 81A-K,\nrespectively, and a copy of the order is to be given by the Sheriff to\nthe Director and the offender.\n(5) A community work order is to be in accordance with Form 81A-L\nand a copy of the order is to be given by the Sheriff to the Director\nand the offender.\n(6) A home detention order is to be in accordance with Form 81A-M\nand a copy of the order is to be given by the Sheriff to the Director\nand the offender.\n(7) A warrant of remand is to be in accordance with Form 81A-N.\n(8) A warrant of arrest for non-payment of restitution in accordance\nwith an order is to be in accordance with Form 81A-O.\n(9) A warrant under section 39 of the Bail Act 1982 is to be in\naccordance with Form 81A-P.\n(10) A warrant for failure to comply with a recognisance release order\nunder the Crimes Act 1914 of the Commonwealth is to be in\naccordance with Form 81A-Q.\n(11) A warrant of commitment for non-payment of a fine is to be in\naccordance with Form 81A-R.\n(12) A summons under section 39(2) or 48(2)(a) of the Sentencing\nAct 1995 is to be in accordance with Form 81A-S.\n\nSupreme Court Rules 1987 346\n(13) An information under section 48(2) of the Sentencing Act 1995 is to\nbe in accordance with Form 81A-T.\n(14) An order requiring a prisoner to be removed from a prison or police\nprison to another prison or police prison or to be produced to the\nCourt or such other place as is required is to be in accordance with\nForm 81A-U.\n(15) A hospital order under section 80 of the Sentencing Act 1995, a\ntreatment order under section 83 of that Act or a hospital order\nunder section 20BS of the Crimes Act 1914 of the Commonwealth\nis to be in accordance with Form 81A-V.\n(16) A residential or passport order under section 99 of the Sentencing\nAct 1995 or section 22 of the Crimes Act 1914 of the\nCommonwealth is to be in accordance with Form 81A-W.\n(17) An order under section 19B of the Crimes Act 1914 of the\nCommonwealth is to be in accordance with Form 81A-X.\n(18) An order releasing a person from custody, whether subject to\nconditions or not, is to be in accordance with Form 81A-Y.\n(19) An order under section 20BC(2) of the Crimes Act 1914 of the\nCommonwealth is to be in accordance with Form 81A-Z.\n(20) An order under section 20BJ(1) or (4) of the Crimes Act 1914 of the\nCommonwealth is to be in accordance with Form 81A-ZA.\n(21) A psychiatric probation order made under section 20BV of the\nCrimes Act 1914 of the Commonwealth is to be in accordance with\nForm 81A-ZB.\n(22) A program probation order made under section 20BY of the Crimes\nAct 1914 of the Commonwealth is to be in accordance with\nForm 81A-ZC.\n(23) A notice to show cause under section 93(3) of the Sentencing\nAct 1995 is to be in accordance with Form 81A-ZD.\n(24) A warrant for failure to comply with an order for payment of\ncompensation is to be in accordance with Form 81A-ZE.\n\nSupreme Court Rules 1987 347\nOrder 82 Rules for appeals\n82.01 Definitions\nIn this Chapter:\ncivil appeal means an appeal in the civil jurisdiction.\ncourt of trial, see section 406(1) of the Criminal Code.\ncourt or tribunal below means the court, tribunal, person or body\nwhose decision is being appealed from.\ncriminal appeal means an appeal in the criminal jurisdiction.\ncross-appellant means a respondent who appeals from the\ndecision being appealed from by the appellant.\ndecision includes a judgment.\nfile means to file in the Registry.\nNotes for rule 82.01\n1 Other terms are also defined in the Act.\n2 The definitions in rule 1.09 also apply to this Chapter, see rule 82.03.\n82.02 Application to appeals\n(1) This Chapter applies to all appeals made under a law of the\nTerritory to the following:\n(a) the Supreme Court constituted as a single judge or the Full\n(b) the Supreme Court constituted as the Court of Appeal under\nPart III of the Act;\n(c) the Supreme Court constituted as the Court of Criminal\nAppeal under section 407 of the Criminal Code.\n(2) To avoid doubt, an appeal includes a civil appeal or criminal appeal.\n\nSupreme Court Rules 1987 348\n82.03 Operation of Chapter 1\nThe definitions and rules in Chapter 1 apply to any matter\nrespecting an appeal not otherwise provided for in this Chapter,\nwith the necessary changes and to the extent that they are\nconsistent with this Chapter.\n82.04 Filing and service of notice of appeal\n(1) To commence an appeal, the appellant must file a notice of appeal.\n(2) A notice of appeal must be filed and served:\n(a) within any period required for the commencement of the\nappeal under an Act; or\n(b) if no period is required under an Act – within 28 days after the\nday the decision being appealed from is made.\n(3) A notice of appeal must be served on:\n(a) all respondents; and\n(b) any other person known by the appellant to be directly\naffected by the relief sought by the appellant.\nNote for rule 82.04\nThe necessary respondents to an appeal are identified in rule 82.26(1). The\nCourt may join other persons as respondents under rule 82.26(2) and (3).\n82.05 Contents of notice of appeal\n(1) In a civil appeal, the notice of appeal must include or attach the\n(a) a brief but specific statement of the decision appealed against;\n(b) any formal order or other document comprising or setting out\nthe decision being appealed against, and any written reasons\nfor the decision;\n(c) a statement whether the appeal is from the whole or part only\nof the decision and, if part only, a description of what part;\n(d) the grounds of the appeal;\n(e) the judgment, relief or decision sought by the appellant.\n\nSupreme Court Rules 1987 349\n(2) In a criminal appeal, the notice of appeal must include or attach the\n(a) a brief but specific statement of the decision appealed against;\n(b) any formal order or other document comprising or setting out\nthe decision being appealed against, and any written reasons\nfor the decision;\n(c) a statement whether the appeal is against a finding of guilt or\na special finding referred to in section 410(a) of the Criminal\nCode;\n(d) for an appeal under section 410(b) of the Criminal Code on a\ncertificate of the Judge of the court of trial – a copy of the\ncertificate;\n(e) for an appeal under section 414(1) of the Criminal Code – a\nstatement whether the appeal is from the whole or part only of\nthe decision and, if part only, a description of what part;\n(f) the grounds of the appeal;\n(g) the judgment, relief or decision sought by the appellant.\n82.06 Amendment by supplementary notice\n(1) An appellant may amend the notice of appeal by filing and serving a\nsupplementary notice of appeal.\n(2) A notice of appeal must not be amended after the directions\nhearing under rule 82.12, without leave of the Court.\n82.07 Competency of appeal\n(1) A respondent may, on summons, apply at any time for an order\ndismissing an appeal as incompetent.\n(2) On the hearing of a summons under subrule (1), the burden of\nestablishing the competency of the appeal is on the appellant.\n(3) If an appeal is dismissed by the Court as incompetent, without an\napplication by the respondent under subrule (1):\n(a) the respondent must not receive any costs of the appeal,\nunless the Court otherwise orders; and\n(b) the Court may order that the respondent pay the appellant's\ncosts of the appeal proving useless or unnecessary.\n\nSupreme Court Rules 1987 350\n82.08 Cross-appeal\n(1) A respondent who wishes to appeal from the decision being\nappealed from must file a notice of cross-appeal.\n(2) A notice of cross-appeal must be filed and served within 14 days\nafter the day the notice of appeal is served on the respondent.\n(3) A notice of cross-appeal must be served on:\n(a) the other parties to the appeal; and\n(b) any other person known by the cross-appellant to be directly\naffected by the relief sought by the cross-appellant.\n(4) The notice of cross-appeal must include the following information:\n(a) a statement whether the cross-appeal is from the whole or\npart only of the decision and, if part only, a description of what\npart;\n(b) for a cross-appeal in a criminal appeal:\n(i) if the cross-appeal is by a person found guilty – a\nstatement whether the cross-appeal is against a finding\nof guilt or a special finding referred to in section 410(a)\nof the Criminal Code; or\n(ii) if the cross-appeal is by a Crown Law Officer under\nsection 414(1) of the Criminal Code – a description of\nwhat part of the sentence, determination, declaration or\norder is the subject of the cross-appeal;\n(c) the grounds of the cross-appeal;\n(d) the judgment, relief or decision sought by the cross-appellant.\n(5) The rules applicable to a notice of appeal apply to a notice of\ncross-appeal, with the necessary changes.\nNote for rule 82.08\nThe necessary respondents to a cross-appeal are identified in rule 82.26(1). The\nCourt may join other persons as respondents under rule 82.26(2) and (3).\n82.09 Notice of contention\n(1) A respondent must file and serve a notice of contention, not a\nnotice of cross-appeal, if the respondent contends that a matter of\nfact or law was erroneously decided against the respondent, but\ndoes not seek a discharge or variation of the decision being\nappealed from.\n\nSupreme Court Rules 1987 351\n(2) A notice of contention must be filed and served within 14 days after\nthe day the notice of appeal is served on the respondent.\n(3) The respondent must give written notice to the appellant of the\nrecord of evidence or documents before the court or tribunal below,\nrelevant to the respondent's notice of contention, for inclusion in the\nappellant's draft index of appeal book.\n82.10 Party's submissions and list of authorities\n(1) Each party must prepare the following:\n(a) the party's written submissions;\n(b) the party's list of authorities.\n(2) The appellant must file the appellant's written submissions and list\nof authorities and serve them on the respondent within 28 days\nafter the day the notice of appeal is filed.\n(3) The respondent must file the respondent's written submissions and\nlist of authorities and serve them on the appellant within 14 days\nafter the day the appellant serves the respondent under subrule (2).\n(4) This rule also applies to a cross-appeal, with the necessary\nchanges.\nNote for rule 82.10\nThe form, content and length of written submissions and lists of authorities will be\ngoverned by Practice Directions.\n82.11 Preparation of draft index to appeal book\n(1) The appellant must prepare a draft index for an appeal book that\nlists the documents required in an appeal book under rule 82.13(3).\n(2) The index must state the name and date of each document and its\npage number in the sequence in which it will appear in the appeal\nbook.\n(3) The appellant must serve the draft index on the respondent within\n28 days after the day the notice of appeal is filed.\n82.12 Directions hearing\n(1) The Registrar must set a date for a directions hearing and inform\nthe parties.\n\nSupreme Court Rules 1987 352\n(2) At the directions hearing, the Registrar must:\n(a) in the case of an appeal to the Supreme Court – determine\nwhether an appeal book is necessary; and\n(b) settle the index to the appeal book; and\n(c) settle any other matters related to the appeal book; and\n(d) set the hearing date; and\n(e) make any other necessary programming orders.\n(3) To settle the appeal book, the Registrar must determine the\n(a) the documents that should be included in the appeal book;\n(b) the sequence of the documents;\n(c) the number of copies of the appeal book required;\n(d) the time within which those copies are to be filed and served;\n(e) any other matters the Registrar considers are required for the\npreparation of copies of the appeal book.\n82.13 Appeal book\n(1) The appellant must prepare an appeal book for the following\nappeals:\n(a) an appeal to the Supreme Court, whether constituted as a\nsingle judge or the Full Court, if the Registrar considers it\nnecessary;\n(b) an appeal to the Court of Appeal;\n(c) an appeal to the Court of Criminal Appeal.\nNote for subrule (1)(a)\nThe draft index under rule 82.11 is still required for an appeal to the Supreme\nCourt even if an appeal book is not necessary.\n(2) An appeal book must be legible, paginated and securely fastened.\n(3) An appeal book consists of the following documents to the extent\nthey are relevant to the appeal:\n(a) the indictment or originating process and pleadings;\n\nSupreme Court Rules 1987 353\n(b) a transcript of oral evidence;\n(c) any affidavits before the court or tribunal below;\n(d) the exhibits, arranged in the order in which they were lettered\nor numbered as exhibits in the court or tribunal below;\n(e) in a civil appeal – any prior decision relevant to the decision\nbeing appealed from and the reasons for that decision;\n(f) in a criminal appeal:\n(i) a transcript of the trial Judge's directions and summing\nup to the jury; and\n(ii) a transcript of any remarks on sentence by the trial\nJudge;\n(g) the notice of appeal and any supplementary notice of appeal,\ncross-appeal or contention;\n(h) any relevant certificate required by subrule (4).\n(4) If a transcript is to be included in the appeal book, a certificate of\nthe appellant and respondent must also be included in the appeal\nbook certifying that:\n(a) the transcript was examined by them; and\n(b) any dispute regarding the transcript was resolved after\nconsultation with the trial judge; and\n(c) the transcript is correct.\n(5) The appellant must file and serve the appeal book, as settled by the\n82.14 Application of Part\nThis Part applies in relation to the following applications:\n(a) an application for leave to appeal;\n(b) an application for an extension of time to:\n(i) file a notice of appeal; or\n(ii) apply for leave to appeal;\n\nSupreme Court Rules 1987 354\n(c) an application under section 429 of the Criminal Code.\n82.15 Filing and service of applications\n(1) An application for leave to appeal must be filed and served in the\nsame manner and within the same time as a notice of appeal under\nrule 82.04.\n(2) An application for an extension of time must be filed and served in\nthe same manner as a notice of appeal under rule 82.04.\n82.16 Supporting documents\n(1) The application must be accompanied by the following:\n(a) the proposed notice of appeal;\n(b) written submissions in support of the application;\n(c) an affidavit deposing any fact relied on in support of the\n(2) The written submissions must concisely set out the following:\n(a) the nature of the case;\n(b) the questions involved;\n(c) in the case of an extension of time – the reasons for the delay\nin giving notice of appeal or applying for leave to appeal;\n(d) the reasons why the leave or extension should be given.\nNote for rule 82.16\nThe form, content and length of written submissions and lists of authorities will be\ngoverned by Practice Directions.\n82.17 Hearing at same time as appeal\n(1) If an applicant wishes the hearing of the application to be deferred\nuntil the hearing of the appeal, the applicant may include a request\nfor that purpose in the application.\n(2) The Court may, on request or on its own initiative:\n(a) order that an application be heard at the same time as the\nappeal; and\n(b) make any consequential orders that may be necessary.\n\nSupreme Court Rules 1987 355\n82.18 Response to application\n(1) If served with an application for leave to appeal or for an extension\nof time, the respondent must file and serve on the applicant the\nrespondent's written submissions.\n(2) Any fact relied on in opposition to the application must be set out in\na supporting affidavit.\n(3) The submissions and any affidavit must be filed and served within\n14 days after the day the application is served on the respondent.\n82.19 Determination of application\n(1) The application may be determined on the papers by a single\n(2) A single Judge may refer the application to 3 Judges to determine\non the papers.\n(3) The Judge or Judges may call for further submissions on the\napplication from the parties.\n(4) Instead of determining the matter on the papers, the Judge or\nJudges may:\n(a) call for and hear oral submissions on the application; or\n(b) make an order under rule 82.17(2) and hear the application at\nthe same time as the appeal.\n(5) Leave may be granted on any or all proposed grounds of appeal.\n(6) If all or part of the application is refused by a single Judge, the\napplicant may request that the application be determined by\n3 Judges in accordance with subrules (3) to (5).\n(7) The request must be filed and served within 14 days after the day\nthe applicant receives notice of the refusal by a single Judge.\n(8) If the Court grants the request, the application is to be determined\nby 3 Judges in accordance with subrules (3) to (5).\n(9) A single Judge who refused an application may sit as one of the\n3 Judges determining the same application.\n82.20 If leave granted\n(1) The Registrar must notify the parties if leave to appeal or an\nextension of time is granted.\n\nSupreme Court Rules 1987 356\n(2) Subject to the order granting leave or an extension of time, the\nparties may proceed with the appeal in accordance with this\nChapter.\n(3) The date the appellant is notified by the Registrar under subrule (1)\nis to be used for the purpose of calculating when to file and serve\ndocuments in the appeal, instead of the date the notice of appeal is\nfiled.\n(4) The proposed notice of appeal filed in the application for leave to\nappeal or an extension of time is taken to be filed as the notice of\nappeal in the appeal, subject to any order of the Court.\n82.21 Criminal Code certificate\nA certificate issued under section 410(b) of the Criminal Code may\nbe given at the trial or within 10 days after the finding of guilt.\n82.22 Consequential orders\n(1) The Court of Criminal Appeal may, on application, make orders or\ngive directions under subrule (2) if:\n(a) a person is found guilty of an offence; and\n(b) the court of trial made orders consequential on that finding of\nguilt; and\n(c) an appeal is instituted by:\n(i) the person found guilty; or\n(ii) a Crown Law Officer under section 414(1) of the\nCriminal Code.\n(2) In the circumstances referred to in subrule (1), the Court of Criminal\nAppeal may make the following orders and directions:\n(a) orders suspending or refusing to suspend the consequential\norders pending the determination of the appeal;\n(b) orders or directions in relation to the effect of the\n(c) orders or directions in relation to the vesting, preservation or\ndisposition of property that is subject to the consequential\norders.\n\nSupreme Court Rules 1987 357\n82.23 Reservation of points of law\n(1) This rule applies in relation to a case stating a question of law\nreserved under section 408, 409 or 414(2) of the Criminal Code on\nthe trial of a person charged with an indictable offence.\n(2) If the case states a question of law reserved under section 408 of\nthe Criminal Code, the case must state:\n(a) whether judgment on the finding of guilt was pronounced and\nrespited or was postponed; and\n(b) whether the person found guilty was committed to prison or\nadmitted to bail or to receive judgment.\n(3) On receiving the case, the Registrar must:\n(a) set the case down for hearing on the first day on which the\nCourt of Criminal Appeal is next appointed to sit; and\n(b) give a copy of the case, without delay, to:\n(i) the Solicitor for the Northern Territory; and\n(ii) the parties; and\n(iii) for an application under section 414(2) of the Criminal\nCode – the accused.\n(4) The Judge who signed the case may amend it at any time before\nargument.\n(5) The accused person has the carriage of the proceeding, except for\nan application under section 414(2) of the Criminal Code.\n82.24 Failure to appear\n(1) If the appellant is required by a bail undertaking or bail condition to\nappear at the hearing of the appeal or an application but fails to\nappear without reasonable cause, the Court may:\n(a) summarily dismiss or decline to hear the appeal or application;\nor\n(b) consider the appeal or application in the appellant's absence.\n(2) The evidentiary burden of proving reasonable cause under\nsubrule (1) lies on the appellant.\n\nSupreme Court Rules 1987 358\n82.25 Notice under Criminal Code\nA notice given by the Registrar under section 426(4) and (5) of the\nCriminal Code may be given to a solicitor representing the appellant\nor respondent.\n82.26 Parties\n(1) Each party to the proceeding in the court or tribunal below and\ndirectly affected by the relief sought in the notice of appeal or\ninterested in maintaining the decision being appealed must be\nmade a respondent to the appeal.\n(2) A person who was not a party to the proceeding in the court or\ntribunal below may be joined as a respondent if the person is\ndirectly affected by the relief sought in an appeal or interested in\nmaintaining the decision being appealed from.\n(3) The Court may order the addition or removal of a person as a party\nto an appeal.\n(4) Despite subrule (3), a person must not be made an appellant\nwithout that person's consent.\n(5) A Local Court Judge whose decision is being appealed from must\nnot be joined as a party to an appeal.\n82.27 Serial numbers and seals\n(1) When the following documents are filed, the Registrar must allocate\na serial number to them and seal them:\n(a) a notice of appeal;\n(b) an application for leave to appeal;\n(c) an application for an extension of time to file a notice of\nappeal;\n(d) an application for an extension of time to file an application for\nleave to appeal.\n(2) A sufficient number of copies of the documents for service and\nproof of service provided by the party must also be numbered and\nsealed.\n\nSupreme Court Rules 1987 359\n(3) The serial number of the notice or application must be endorsed on\neach subsequent document filed in relation to that notice or\n82.28 No stay of proceedings or execution\n(1) An appeal does not:\n(a) operate as a stay of proceedings or execution under the\ndecision appealed against; or\n(b) invalidate an intermediate act or proceeding.\n(2) Subrule (1) is subject to the following:\n(a) any Act that provides otherwise;\n(b) any decision made by the court or tribunal below;\n(c) any direction of the Court.\n82.29 Discontinuance of appeal\n(1) Subject to rule 97.02, an appellant may discontinue the appeal.\n(2) To discontinue an appeal, the appellant must file and serve a notice\nof discontinuance.\n(3) The appeal is taken to be discontinued once the notice of\ndiscontinuance is filed.\n(4) The filing of a notice of discontinuance by an appellant does not\naffect any other appellant in the appeal.\n(5) An appellant who discontinues an appeal under this rule, other than\nin a criminal matter, is liable to pay the costs of the other parties\ncaused by that appeal.\n82.30 Forms\n(1) Parties must use the forms published on the Court's website for any\nnotice, application or document required or authorised to be given\nor filed for the purposes of this Chapter.\n(2) The notice, application or document must be signed in accordance\nwith any requirements in the form.\n\nSupreme Court Rules 1987 360\nOrder 88 Probate and administration rules\n88.01 Application\n(1) The Rules in this Chapter apply to all proceedings in the probate\njurisdiction of the Court commenced on or after the commencement\nof this Chapter whether the matter is governed by the\nAdministration and Probate Act 1969 or by the following Acts of the\nState of South Australia:\nThe Administration and Probate Act, 1891,\nThe Administration and Probate Amendment Act, 1903,\nThe Administration and Probate Amendment Act, 1904.\n(2) The rules in Chapter 1 of the Supreme Court Rules 1987 apply to\nthe practice and mode of procedure in the Court in its probate\njurisdiction to the extent to which:\n(a) they are applicable to;\n(b) they are not expressly excluded by; or\n(c) they do not conflict with,\nthe rules in this Chapter.\n88.01.1 Validation of will\n(1) Subject to subrule (2), an application for the admission to probate of\na document referred to in section 12(2) of the repealed Wills\nAct 1938 shall be supported by an affidavit setting out the grounds\nof the application, together with the consents in writing to the\napplication given by all persons who may be prejudiced by the\nadmission of the document to proof.\n(2) Where a person who may be prejudiced by an application referred\nto in subrule (1) is not sui juris or cannot be ascertained or found, or\nthe Court is satisfied that in the circumstances it is just and\nexpedient to do so, it may nevertheless dispense with the consent.\n\nSupreme Court Rules 1987 361\n(3) An application for the admission to probate of a document referred\nto in section 10(2) of the Wills Act 2000 is:\n(a) to be made by originating motion in accordance with Form 5B\nor Form 5C; and\n(b) to be supported by an affidavit setting out the grounds of the\n(4) An application referred to in subrule (3) is, together with the affidavit\nin support of it, to be served on all persons who may be prejudiced\nby the admission of the document to proof.\n88.02 Interpretation\nIn this Chapter, unless the contrary intention appears:\nestate includes real estate and personal estate.\nGeneral Rules means the rules in Chapter 1.\nProbate Act means the Administration and Probate Act 1969.\nrepealed Wills Act means the Wills Act 1938 in force before\nre-sealing means sealing, under section 111 of the Probate Act, of\na probate or letters of administration,\nand expressions used have the same meaning as in the Probate\nAct and the General Rules.\n88.03 Transition\n(1) A proceeding for a grant or for resealing to which Part 3 applies\ncommenced before the commencement of this Chapter, may be\ncontinued in accordance with the practice, procedure, requirements\nand forms in force immediately before that commencement.\n(2) Where a proceeding is commenced as referred to in subrule (1), the\nnotice of address filed in the proceeding shall have effect as if it\nwere the applicant's address for service stated in a proceeding\ncommenced in accordance with Part 3.\n88.04 Heading and title\n(1) This rule applies to a document in a proceeding in which the\npowers of the Court may be exercised by the Registrar.\n\nSupreme Court Rules 1987 362\n(2) A document shall:\n(a) be headed \"In the Supreme Court of the Northern Territory of\nAustralia\" with a reference to the Probate jurisdiction of the\n(b) show the Registry and the serial number of the proceeding;\n(c) be entitled \"The estate of\" with a reference to the name of the\ndeceased, his place of residence and his occupation at the\ntime of his death; and\n(d) where a grant or reseal has been made in the estate, show\nthe number given in the Registry to that grant or reseal.\n(3) Rule 27.02 does not apply to a proceeding under this Chapter.\n88.05 Powers of Registrar\n(1) In addition to the powers vested in him by the Probate Act, the\nRegistrar may exercise the powers of the Court in and about:\n(a) a proceeding to which Part 3 applies;\n(b) settling and issuing citations;\n(c) appointing a litigation guardian of a person under a disability;\n(d) assigning a guardian to an infant under Part 4;\n(e) granting leave under Part 5;\n(f) granting an extension of a caveat or giving leave to withdraw a\ncaveat under Part 12;\n(g) making orders in pursuance of Rule 88.27;\n(h) the withdrawal of caveats under section 49 of the Probate Act\nwhere the withdrawal is not contested;\n(j) a proceeding under sections 88 and 91(2) and (3) of the\nProbate Act and under rules 88.75 and 88.79;\n(k) ordering the production of an instrument under section 147 of\nthe Probate Act;\n\nSupreme Court Rules 1987 363\n(m) the revocation or rescission of grants of probate or\nadministration where the revocation or rescission is not\ncontested;\n(n) the authorization of the sale, lease or mortgage of any of the\nreal estate as to which a person dies intestate where the gross\nvalue of the real estate does not exceed $50,000 and no\nobjection is raised to the sale, lease or mortgage;\n(p) passing the accounts of executors, administrators and\ntrustees, including allowing commission and costs in relation\nto accounts;\n(pa) an application referred to in section 12(2) of the repealed Wills\nAct 1938 or section 10(1) of the Wills Act 2000 where the\ngross value of the estate, wherever situated, does not exceed\n$20 000;\n(q) a matter which the Court refers to the Registrar; and\n(r) such other powers as the Chief Justice directs that he have.\n(2) Where the Court refers a matter to the Registrar for the exercise in\nrespect of that matter of a power of the Court, the Registrar may\nexercise that power in respect of that matter.\n(3) In respect of a matter referred to in subrule (1) or (2), the Registrar\nmay exercise the power of the Court under rules 2.04 and 3.02.\n88.05A Application by minor for authorisation to make etc. will\n(1) An application under section 18 of the Wills Act 2000 for an order\nauthorising a minor to make or alter a will, or to revoke the whole or\na part of the minor's will, is to be made by originating motion in\naccordance with Form 5D.\n(2) An application referred to in subrule (1):\n(a) may be made by the person who is the legal guardian or the\npersons who are the legal guardians of the minor; and\n(b) is to be supported by affidavits by the minor, and by the other\npersons (if any) on whom the applicant relies or applicants\nrely, that between them specify (which includes specified in\ndocuments annexed to one or more of the affidavits) the\nmatters referred to in section 20(2)(a), (b) and (d) to (m)\n(inclusive) of the Wills Act 2000 that are relevant to the\n\nSupreme Court Rules 1987 364\n(3) An initial draft of the proposed will, alteration or revocation to be\nauthorised by the order is to be annexed to the minor's affidavit.\n88.05B Application for leave to apply for order regarding will of person\nwithout testamentary capacity\n(1) An application under section 20 of the Wills Act 2000 for leave to\napply for an order authorising the making or altering of a will, or the\nrevoking of the whole or a part of a will, for and on behalf of a\nperson who lacks testamentary capacity is to be made by\noriginating motion in accordance with Form 5D.\n(2) An application referred to in subrule (1) is to be supported by an\naffidavit by the applicant that specifies the information, and has\nannexed to it the documents, required by the Court under\nsection 20(2) of the Wills Act 2000.\n(3) When the application for leave first comes before the Court, the\nCourt must:\n(a) consider who are the persons who have reason to expect a\ngift or benefit from the estate of the proposed testator or who\notherwise have a legitimate interest in the making of the\napplication; and\n(b) give the directions the Court considers appropriate to ensure\nthat adequate steps are taken to allow those persons\nrepresentation at the hearing of application.\n(4) If the Court grants the application for leave, the application is to be\ntaken to be, and is to proceed as if it were, an application for the\norder for which the Court granted the leave.\n88.05C Application for order to rectify will\n(1) An application under section 27 of the Wills Act 2000 for an order to\nrectify a will is to be made by originating motion in accordance with\nForm 5B or Form 5C.\n(2) An application referred to in subrule (1) is to be served on each\nbeneficiary under the will who is likely to be affected by the relief\nsought.\n88.05D Application under section 18, 20 or 27 of Wills Act 2000 to be\nheard by Judge\nAn application under section 18, 20 or 27 of the Wills Act 2000 is to\nbe heard by the Court constituted by a Judge.\n\nSupreme Court Rules 1987 365\n88.06 Application of Part\nThis Part applies to a proceeding for a grant or for resealing where:\n(a) there is no respondent; and\n(b) no person is cited to see the proceeding.\n88.07 Commencement of proceedings\n(1) A proceeding for a grant or resealing shall be commenced by\napplication in accordance with Form 88A supported by affidavit.\n88.08 Hearing\n(1) A proceeding under this Part:\n(a) may be heard:\n(i) in the absence of the public; and\n(ii) without the appearance before the Court of a person;\nand\n(b) shall be heard without an appointment being obtained for the\n(2) Order 46 does not apply to a proceeding under this Part.\n88.09 Publication of notice of intended application\n(1) Notice, in accordance with Form 88B, 88C or 88D, of an intended\napplication for a grant or for resealing shall be published in one\nDarwin daily newspaper and, if the deceased was resident at the\ndate of his death in the Territory at a place more than\n200 kilometres from the General Post Office, Darwin, also in a\nnewspaper published and circulating in the district where the\ndeceased resided.\n(2) A notice under subrule (1) shall state the date or dates of a will and\neach codicil (if any) sought to be proved or, where the document\nbears no date, a statement of that fact and of the approximate date,\nif known.\n(3) Where it is intended to apply to dispense with an administration\nbond, or with one or both of the sureties, or for reduction of the\npenalty of the bond, the notice under subrule (1) shall require\ncreditors to send in their claims.\n\nSupreme Court Rules 1987 366\n(4) The Court may require further advertisement.\n88.10 Delay\nWhere a proceeding for a grant:\n(a) is not commenced until 6 months or more after the death of\nthe deceased; and\n(b) is the first proceeding for a grant,\nthe applicant shall file an affidavit explaining the delay.\n88.11 Domicile out of the Territory\nWhere it appears, in a proceeding for a grant or for resealing, that\nthe deceased was domiciled out of the Territory, the Court may\nrequire evidence of:\n(a) the domicile of the deceased;\n(b) the requirements of the law of the domicile as to the validity of\na will made by the deceased; and\n(c) the law of the domicile as to the persons entitled on\ndistribution of the estate.\n88.12 Identity\nThe Court may, in a proceeding for a grant, require proof of the\nidentity of the deceased or of the applicant.\n88.13 Renunciation\n(1) Where a person has renounced probate or administration, he shall\nnot be granted representation of the deceased in another capacity.\n(2) A renunciation by an executor of probate may be made in\naccordance with Form 88E.\n88.14 Evidence of attestation\n(a) a will does not contain an attestation clause; or\n(b) the attestation clause in a will indicates that the will has not\nbeen executed in the manner required by the Wills Act 2000,\n\nSupreme Court Rules 1987 367\nan applicant for a grant of probate or letters of administration with\nthe will annexed shall, with the application for a grant of probate, file\nan affidavit in accordance with Form 88F of one or more of the\nattesting witnesses as to due execution of the will.\n(2) Where an applicant is unable to comply with subrule (1), he shall\nfile an affidavit explaining the reason for the inability and an affidavit\nby some person, other than an attesting witness, who was present\nwhen the will was executed.\n(3) Where an applicant is unable to comply with subrule (1) or (2), he\nshall furnish evidence, on affidavit, of the reason for the inability\nand of the identity of the signature of the testator and of the\nattesting witness respectively or of such other facts on which he\nrelies as establishing that the will was duly executed.\n88.15 Testator's knowledge and approval of contents\n(1) This rule applies where, in a proceeding for a grant, an applicant\nseeks to prove a will and:\n(a) the will appears to have been signed by a blind testator;\n(b) the will appears to have been signed by an illiterate testator;\n(c) the will appears to have been signed by another person by\ndirection of the testator; or\n(d) there are circumstances which raise doubt whether the\ntestator, at the time of execution of the will, knew and\napproved of the contents of it.\n(2) An applicant shall furnish evidence on affidavit to establish that the\ntestator, at the time of execution of the will, knew and approved of\nits contents.\n(3) Where the evidence adduced pursuant to subrule (2) is that of an\nattesting witness or other person present at the time of execution,\nhis affidavit shall state the manner in which the will was executed.\n88.16 Further evidence as to execution\nWhere, in a proceeding for a grant, the applicant seeks to prove a\nwill and, notwithstanding that the applicant has complied with\nrules 88.14 and 88.15, the Court considers that there is some doubt\nabout the execution of the will or that a circumstance in connection\nwith the execution requires explanation, the Court may require\nfurther evidence.\n\nSupreme Court Rules 1987 368\n88.17 Date of execution\nWhere, in a proceeding for a grant, the applicant seeks to prove a\nwill and the will is undated or there appears to be doubt as to the\ndate on which it was executed, the Court may require evidence\nestablishing the date of execution.\n88.18 Interlineations, obliterations and alterations\n(a) an interlineation, obliteration or alteration appears in the will;\nand\n(b) the interlineation, obliteration or alteration has not been duly\nauthenticated or otherwise validated,\nthe Court may require evidence establishing whether the\ninterlineation, obliteration or alteration was made before the\nexecution of the will.\n88.19 Documents referred to or attached\n(a) the will contains a reference to a document that suggests that\nthe document may be incorporated in the will; or\n(b) there are marks on the will from which it appears that a\ndocument has been attached to it,\nthe Court may require:\n(c) production of the document; and\n(d) evidence in regard to it.\n88.20 Part of will paper torn off or cut off\nwill and it appears that part of the paper on which the will was\nwritten has been torn off or cut off, the Court may require:\n(a) production of the part torn off or cut off; and\n(b) evidence in regard to it.\n\nSupreme Court Rules 1987 369\n88.21 Burning, tearing or other sign of revocation\n(a) the appearance of the will suggests that there may have been\nan attempted destruction of it by burning, tearing or otherwise;\nor\n(b) there are other circumstances which suggest that the testator\nmay have revoked the will,\nthe circumstances shall be fully explained on affidavit.\n88.22 Inoperative will\nwill and it appears that the will is or may be inoperative or partly\ninoperative by reason of the executors and beneficiaries all\npredeceasing the testator or for another reason, the Court may\nrequire evidence:\n(a) as to matters relevant to whether the will is inoperative or\npartly inoperative; and\n(b) showing what persons would be entitled in distribution of the\nestate upon intestacy.\n88.23 Evidence and documents in applications for probate\n(1) An application for probate shall be supported by affidavit:\n(a) in accordance with Form 88G, of the death of the testator; and\n(b) in accordance with Form 88H:\nand\n(ii) stating that the testator has left a will, the date of the will,\nand whether it has been revoked; and\n(iii) stating the date of death of the testator and his age at\nthat date; and\n(iv) setting out the names and addresses of the subscribing\nwitnesses to the will and of each executor named in the\nwill; and\n(v) stating that the deceased did not marry (if that is the\ncase) after making the will; and\n\nSupreme Court Rules 1987 370\n(vi) stating that the deceased left an estate within the\nTerritory and setting out the value of that estate,\ndistinguishing real and personal estate, and giving a\nshort statement of what the estate consists; and\n(vii) stating that the applicant is a corporation or has attained\n(viii) where an executor has died or has renounced probate,\nfurnishing details of the date of his death or renunciation;\nand\n(c) in accordance with Form 88I:\n(i) of publication of the notice of intention to apply for\nprobate; and\n(ii) of the result of search for a will of the testator deposited\nunder Part 6 of the Wills Act 2000; and\n(iii) whether a caveat relating to the application has been\nresealing has been made in connection with the estate;\nand\n(v) stating that, before the making of the application, no\nelection has been filed under Part VII of the Public\nTrustee Act 1979, or, if an election has been filed,\nsetting out the full particulars of that election.\n(2) Subject to subrule (3), where an executor has renounced probate,\nthe application shall be supported by an affidavit furnishing\nevidence of the renunciation.\n(3) Where a renunciation has been signed by the executor, the\nrenunciation shall be filed with the application for a grant and the\nfiling of that document shall be taken as compliance with subrule (2)\nwithout the need for an affidavit.\n(4) Where an executor does not join in an application for a grant and\nleave is sought to be reserved to him to come in and apply for\nprobate, evidence shall be furnished that he has been served, not\nlater than 14 days before the proceeding for grant is commenced,\nwith notice of the intended proceeding or that he is not in the\nTerritory or that he is an infant.\n\nSupreme Court Rules 1987 371\n(5) The notice referred to in subrule (4) may be served personally or by\nsending the notice by registered post to the executor and obtaining\nfrom the postal authorities a written acknowledgement, purporting\nto be signed by the addressee, of receipt of the registered article.\n(6) An affidavit of an applicant stating his means of identifying the will\nas that of the testator shall be filed and the will shall be marked by\nhim and by the person who witnesses the affidavit and filed with the\n(7) An oath in writing of the applicant, in accordance with Form 88J,\nadministered by a person who might witness an affidavit of the\napplicant, shall be filed.\n(8) The Court may require further evidence (including evidence\nthe testator) to be furnished, and that further documents be filed,\n(9) Except where section 40 of the Public Trustee Act 1979 applies, an\nofficial record of the death of the testator shall be annexed to the\naffidavit referred to in subrule (1)(a).\n(10) If there is no official record of the death of the testator, an additional\naffidavit shall accompany the application setting out the facts relied\non to establish his death or a presumption of his death.\n88.24 Evidence and documents in applications for administration\n(1) An application for administration shall be supported by affidavits:\n(a) in accordance with Form 88G, of the death of the deceased;\nand\n(b) in accordance with Form 88K:\nand\n(ii) stating that the deceased died intestate; and\n(iii) furnishing details of the searches and enquiries which\nhave been made to locate a will; and\n(iv) establishing the status of the deceased, that is, whether\nthe deceased died leaving a spouse, de facto partner or\nissue, whether at the date of death the deceased was\nnot married or in a de facto relationship, whether a\nspouse or de facto partner of the deceased had died\nbefore the deceased or whether the deceased died\n\nSupreme Court Rules 1987 372\nleaving a former spouse or de facto partner; and\n(v) stating that the deceased left an estate in the Territory,\nand the value of that estate, distinguishing real and\npersonal estate and giving a short statement of what the\nestate consists; and\n(vi) setting out the relationship (if any) of the applicant to the\n(vii) furnishing the names and ages of the persons entitled in\ndistribution of the estate and their relationship to the\n(viii) stating that the applicant is a corporation or has attained\n(ix) affirming that the applicant is not an undischarged\nbankrupt and has not assigned or encumbered his\ninterest (if any) in the estate; and\n(x) furnishing details of the applicant's knowledge of claims\nagainst the estate; and\n(xi) stating the character in which the person making the\napplication claims to be entitled to a grant and the truth\nof that statement; and\n(xii) if the applicant is a creditor, stating that fact and to what\namount, the particulars of his debt and the evidence in\nsupport of the claim; and\n(c) in accordance with Form 88I:\n(i) of publication of the notice of intention to apply for\nadministration; and\n(ii) of the result of search for a will of the deceased\ndeposited under Part 6 of the Wills Act 2000; and\n(iii) whether a caveat relating to the application has been\nresealing has been made in connection with the estate;\nand\n\nSupreme Court Rules 1987 373\n(v) showing that Division 4A of Part III of the Probate Act\ndoes not apply to or in relation to the estate of the\n(vi) stating that, before the making of the application, no\nelection has been filed under Part VII of the Public\nTrustee Act 1979, or, if an election has been filed,\nsetting out the full particulars of that election.\n(2) Where the grant is applied for by fewer than all the persons who are\nin the Territory and are entitled to a grant of administration, the\napplication shall be supported by:\n(a) the consent, in accordance with Form 88L, of each person\nentitled to a grant but not applying for the grant, to the grant\nbeing made to the applicant, with an affidavit in accordance\nwith Form 88M verifying the consent endorsed on the\ndocument containing the consent; or\n(b) an affidavit as to service, not later than 14 days before the\nproceeding is commenced, on each of those persons whose\nconsent to the grant is not filed, of notice of intention to make\nthe application.\n(3) The notice referred to in subrule (2)(b) may be served personally or\nby sending the notice by registered post to the person to be served\nand obtaining from the postal authorities a written\nacknowledgement, purporting to be signed by the addressee, of\nreceipt of the registered article.\n(4) Where the Registrar orders a person to enter into a bond under\nsection 23 of the Administration and Probate Act 1969, the bond is\nto be in accordance with Form 88N.\n(5) The Court may:\n(a) dispense with a bond; or\n(b) dispense with one or both of the sureties; or\n(c) reduce the penalty of the bond.\n(6) Where it is sought to dispense with the bond or with one or both of\nthe sureties, or to reduce the penalty of the bond, an affidavit shall\nbe filed in support of the application.\n(7) Where there is a surety to a bond, an affidavit of justification by the\nsurety, in accordance with Form 88P, shall be filed.\n\nSupreme Court Rules 1987 374\n(8) An oath in writing of the applicant, in accordance with Form 88J,\nadministered by a person who might witness an affidavit of the\napplicant, shall be filed.\n(9) The Court may require further evidence (including evidence\n(10) An official record of the death of the deceased shall be annexed to\nthe affidavit referred to in subrule (1)(a).\n(11) If there is no official record of the death of the deceased, an\nadditional affidavit shall accompany the application setting out the\nfacts relied on to establish his death or a presumption of his death.\n(12) Where a person entitled to apply for Letters of Administration in the\nestate of an intestate deceased person renounces Letters of\nAdministration in favour of the Public Trustee, in accordance with\nForm 88R, Letters of Administration in that estate may be granted\nto the Public Trustee without the consent or citation of a person.\n88.25 Evidence and documents in applications for administration\nwith will annexed\n(1) An application for administration with the will annexed shall be\nsupported by:\n(a) the affidavits and documents, so far as appropriate, referred to\nin rule 88.24; and\n(b) the affidavits and documents which, if the application were an\napplication for probate of the will, would be required by:\n(i) rule 88.23(1)(b)(ii), (iii), (iv) and (v); and\n(ii) rule 88.23(2), (3) and (9).\n(2) An affidavit of the applicant under subrule (1) shall be in\naccordance with Form 88Q.\n(3) Where a renunciation has been signed by the executor, the\nrenunciation shall be filed with the application for grant.\n(4) Where the executor named in the will renounces probate in favour\nof the Public Trustee, in accordance with Form 88R, administration\nwith the will annexed may be granted to the Public Trustee without\nthe consent or citation of a person.\n\nSupreme Court Rules 1987 375\n(5) The Court may require further evidence (including evidence\n88.26 Evidence and documents in applications for resealing\n(1) An application for resealing shall be supported by affidavit:\n(a) in accordance with Form 88S:\n(ii) stating that the deceased left an estate in the Territory;\n(iii) furnishing particulars of the grant sought to be sealed;\n(iv) furnishing particulars of the persons beneficially entitled\nunder the grant sought to be sealed;\n(v) annexing certified copies of any relevant power of\nattorney and other relevant documents;\n(vi) where the application is for resealing of letters of\nadministration, affirming that the applicant is not a\nbankrupt and has not assigned or encumbered his\ninterest (if any) in the estate;\n(vii) stating that the applicant is a corporation or has attained\n(viii) where the application is for resealing letters of\nadministration, furnishing details of the applicant's\nknowledge of claims against the estate;\n(b) in accordance with Form 88I:\n(i) of publication of the notice of intention to apply for the\nresealing;\n(ii) of the result of search for a will of the deceased\ndeposited under Part 6 of the Wills Act 2000;\n(iii) whether a caveat relating to the resealing has been\nresealing has been made in connection with the estate.\n\nSupreme Court Rules 1987 376\n(2) Rule 88.24(4), (5), (6) and (7) apply as if the application were an\napplication for administration.\n(3) A copy of the document sought to be sealed, certified by the Court\nwhich made the grant, shall be filed.\n(4) All relevant original documents shall be produced.\n(5) The Court may require further evidence (including evidence\n88.27 Affidavit of assets and liabilities\n(1) An applicant for a grant under this Part shall file an affidavit of\nassets and liabilities in accordance with Form 88T.\n(2) The value of each item of property shall be stated in an affidavit\nfiled in accordance with subrule (1) or, if the value is not known, an\nestimate of the value shall be stated.\n(3) For the purposes of subrule (2), evidence of value shall not be\nfurnished unless the Court orders otherwise.\n(4) The amount of each liability shall be stated in an affidavit filed in\naccordance with subrule (1) or, if the amount is not known, an\nestimate of the amount shall be stated.\n(5) For the purposes of subrule (4), evidence of the amount of a liability\nshall not be furnished unless the Court orders otherwise.\n88.28 Administration during minority\n(1) The Court may grant administration during minority, for the use and\nbenefit of an infant, to:\n(a) the legal or testamentary guardian of the infant;\n(b) a guardian elected as provided by rule 88.29; or\n(c) a guardian of the infant assigned, on his application, by the\n(2) A grant of administration during minority shall be subject to such\nlimitations and conditions as the Court thinks fit.\n\nSupreme Court Rules 1987 377\n88.29 Elected guardians\n(1) An infant who has attained the age of 16 years may elect a\nguardian for the purpose of applying for a grant of administration.\n(2) The elected guardian may act also for an infant who has not\nattained the age of 16 years of age but who is in the same family as\nthe infant who elected.\n(3) Notwithstanding the election of a guardian, the Court may grant\nadministration to a person who is referred to in rule 88.28(1)(a)\nor (c) and who it considers is more appropriate or better fitted to act\nas guardian.\n(4) A grant shall not be made to an elected guardian unless evidence\nof his election and of his appropriateness and fitness to be guardian\nis furnished.\n88.30 Assigned guardians\n(1) A proceeding by a person for an order assigning him as the\nguardian of an infant for the purpose of applying for administration\nshall be commenced by originating motion in accordance with\nForm 5D supported by affidavit.\n(2) There shall be no respondent in the proceeding.\n(3) The proceeding may be heard:\n(5) Order 46 does not apply to a proceeding under this rule.\n(6) An application under this rule shall be supported by evidence of the\nrelationship, if any, of the proposed guardian to the infant and of his\nappropriateness and fitness to act as guardian.\n(7) A draft minute of the order sought shall be lodged with the\n(8) The order shall be authenticated in accordance with the\nrequirements of the General Rules after the minute of it is signed.\n\nSupreme Court Rules 1987 378\n88.31 Leave to commence proceedings\n(1) A creditor shall not, without the leave of the Court, commence a\nproceeding for a grant of administration.\n(2) The Court may, if it thinks fit, refuse or withhold a grant to a\ncreditor, notwithstanding that he has obtained leave to commence a\nproceeding for the grant.\n88.32 Citations\n(1) Where a creditor desires to commence a proceeding for a grant of\nadministration and the deceased has left a will, the creditor shall:\n(a) where an executor is appointed by the will and has not\nrenounced probate, serve on the executor a citation to take\nprobate; and\n(b) if the executor fails to comply with the citation, serve on each\nspouse and de facto partner of the deceased and on every\nbeneficiary under the will and, where there is a partial\nintestacy, on every person entitled in administration of the\nestate on intestacy, a citation to pray for administration.\n(2) Where the executor has been served with a citation to take probate\nand has failed to comply with the citation, it is not necessary, unless\nthe Court otherwise directs, to serve him with a citation to pray for\nadministration.\n(3) Where an executor is appointed by the will and has not renounced\nprobate, the creditor shall not serve a citation to pray for\nadministration unless he has complied with subrule (1)(a) and the\nexecutor has failed to comply with the citation to take probate.\n(4) Where a creditor desires to commence a proceeding for a grant of\nadministration and the deceased did not leave a will, he shall serve\non the spouse of the deceased and on every person entitled in\nadministration of the estate on intestacy, a citation to pray for\nadministration.\n88.33 Proceeding for leave\n(1) A proceeding for an order that a creditor have leave to commence a\nproceeding for a grant of administration shall be commenced by\noriginating motion in accordance with Form 5D supported by\n(2) There shall be no respondent in the proceeding.\n\nSupreme Court Rules 1987 379\n(3) The proceeding may be heard:\n(b) without the attendance before the Court of a person.\n(5) Order 46 does not apply to a proceeding under this rule.\n(6) A creditor applying for leave under this rule shall file:\n(a) an affidavit in proof of the debt to him;\n(b) an affidavit of compliance with rule 88.32 and that none of the\npersons cited has complied with the citation;\n(c) an administration bond in accordance with Form 88N; and\n(d) where necessary, an affidavit of justification, in accordance\nwith Form 88P, of a surety to the bond.\n(8) A draft minute of the order sought shall be lodged with the\n(9) The order shall be authenticated in accordance with the General\n(10) The Court may require further evidence to be furnished, further\ndocuments to be filed, and that further citations be served and\nnotices be given.\n88.34 Applications in small estates\n(1) A person desiring to obtain a grant of representation in pursuance\nof Part IV of the Probate Act may apply, either in person or by letter,\nto the Registrar.\n(2) An application under subrule (1) shall not be received through an\nagent of the applicant.\n88.35 Directions\nWhen, in the opinion of the Registrar, it becomes necessary in the\ncourse of a personal application to obtain the directions of the\nCourt, the application shall not further proceed as a personal one\nexcept by leave of the Court.\n\nSupreme Court Rules 1987 380\n88.36 Record of death\nIn an application under this Part, the applicant shall produce an\nofficial record of the death of the deceased or give a reason, to the\nsatisfaction of the Registrar, for the non-production of that record.\nPart 7 Intestate Aboriginals\n88.37 Form of application\n(1) Subject to subrule (2), an application under section 71B of the\nProbate Act shall be by originating motion in accordance with\nForm 5D supported by affidavit.\n(2) The Court may dispense with the need to file or serve an affidavit in\nsupport of an application under subrule (1).\n(3) Order 46 does not apply to a proceeding under this rule.\n88.38 Application of Division\nThis Part applies to a proceeding for a grant or for resealing where:\n(a) there is a defendant; or\n(b) a person is cited to see the proceeding.\n88.39 Commencement of proceeding\n(1) Where there is a defendant, the proceeding shall be commenced by\na writ or originating motion.\n(2) Where there is no defendant, the proceeding shall be commenced\nby originating motion supported by affidavit.\n88.40 Claims of interest\n(1) Where a defendant opposes a grant and the plaintiff disputes the\nstanding of the defendant to do so, the plaintiff shall, in his\nstatement of claim or affidavit, allege the absence of standing.\n(2) Where a party claims a grant of administration and another party\nalleges absence of title of the claimant to do so, the party alleging\nabsence of title shall, in his pleadings, allege facts which, if proved,\n\nSupreme Court Rules 1987 381\nwill show that he has title to claim the grant.\n88.41 Deposit of grant\n(1) Where a proceeding has been commenced for revocation of a\ngrant, the Court may order the executor or administrator to deposit\nthe grant in the Registry.\n(2) In an urgent case, the Court may, on the application of a person\nwho intends to commence a proceeding for revocation of a grant,\norder the executor or administrator to deposit the grant in the\nRegistry to the same extent as if the applicant had commenced the\nproceeding and the application were made in the proceeding.\n88.42 Commencement of non-contentious proceedings\n(1) Proceedings for revocation of a grant shall, where there is no\ndefendant, be commenced by application in accordance with\nForm 88U.\n(2) Where there is no respondent, a proceeding may be heard:\n(3) The proceeding shall be heard without an appointment being\n(4) Order 46 does not apply to a proceeding under this rule.\n(5) A draft minute of the order sought shall be lodged with the Registrar\nbefore an order is made on the application.\n(6) The order shall be authenticated in accordance with the General\n88.43 Commencement of contentious proceedings\nIn a proceeding for revocation of a grant in which proceeding there\nis a defendant, the statement of claim or affidavit shall allege facts\nwhich, if proved, shall show that the plaintiff has standing to claim\nrevocation of the grant.\n\nSupreme Court Rules 1987 382\nPart 10 Contentious proceedings generally\n88.44 Cross-claim\n(1) A party in a proceeding may cross-claim for a grant or for resealing\nnotwithstanding that notice of the intended application has not been\npublished in compliance with this Chapter.\n(2) Where, in a case to which subrule (1) refers, a notice of the\nintended application has not been published, the party shall, within\n30 days after filing the cross-claim, cause notice of the intended\napplication to be published in the manner, and with such variations\nas the circumstances require, in the appropriate form required by\nrule 88.09.\n88.45 Intervention\n(1) An application to intervene in a proceeding for a grant shall be by\nsummons in the proceeding for an order that the person applying\nbe added as a party.\n(2) Before filing the summons, the person applying shall file a notice of\nappearance in the proceeding.\n88.46 Request for issue\n(1) Application for issue of a citation shall be made by filing a request in\naccordance with Form 88V.\n(2) The person requesting issue of a citation shall:\n(a) file an affidavit verifying the averments contained in the\nproposed citation; and\n(b) lodge 2 copies of the proposed citation.\n88.47 Citation to be settled\nA citation shall be settled by the Registrar before it is issued.\n88.48 Seal\nA citation shall be sealed with the Seal.\n88.49 Registrar to file copy\nWhere a citation is issued, the Registrar shall file a copy of it.\n\nSupreme Court Rules 1987 383\n88.50 Citation to bring in abolished\n(1) A citation to bring in a grant, will or other document shall not be\nissued.\n(2) This rule does not limit the power of the Court to order a person to\ndeposit in the Registry a grant, will or other document.\n88.51 Citation to pray for administration\n(1) A requirement under section 22(2)(c) of the Probate Act of a person\nto pray for administration shall be by citation which may be in\naccordance with Form 88W.\n(2) An answer to a citation to which subrule (1) refers shall be in\naccordance with Form 88X.\n88.52 Citation to take probate\n(1) A requirement under sections 28 or 29 of the Probate Act of an\nexecutor named in a will to take or apply for probate shall be by\ncitation which may be in accordance with Form 88Y.\n(2) An answer to a citation to which subrule (1) refers shall be in\naccordance with Form 88Z.\n88.53 Citation to see proceeding\n(1) On the application of a party to a proceeding to which Part 8\napplies, a citation may be issued against a person who is not a\nparty to the proceeding but who has an adverse interest to the\napplicant notifying him that, if he does not answer the citation by\nfiling a notice of appearance in the proceeding, the proceeding may\nbe heard and determined in his absence.\n(2) The citation under this rule may be in accordance with Form 88ZA.\n(3) Where a person cited to see a proceeding has filed a notice of\nappearance in the proceeding, he shall be entitled to such notice of\nthe hearing or trial of the proceeding as if he were a defendant in\n88.54 Proceeding where executor neglects to prove will\n(1) Subject to subrule (4), an application under section 34 of the\nProbate Act:\n(a) shall be by originating motion supported by affidavit; and\n(b) may be made in the absence of a respondent.\n\nSupreme Court Rules 1987 384\n(2) An order which the Court may make under section 34 of the\nProbate Act shall not be in the form of an order nisi, but shall be:\n(a) in accordance with Form 88ZB; or\n(b) in accordance with such other form as the Court directs.\n(3) In order to prove that an executor has neglected or refused to prove\na will or to renounce probate of the will, a person intending to apply\nunder subrule (1) may apply for issue of a citation under this Part in\naccordance with Form 88Y.\n(4) Where a citation has been issued in accordance with subrule (3), a\nproceeding for an order under section 34 of the Probate Act shall\nbe by summons in the proceeding in which the citation was issued.\n88.55 Time for answer to a citation\n(1) This rule applies to a citation other than a citation to see a\n(2) In settling the citation, the Court shall fix the time limited by the\ncitation for answer to it.\n(3) Subject to subrule (4), the time limited by the citation for answer to\nit shall be:\n(a) in the case of service in the Territory – 14 days;\n(b) in the case of service outside the Territory, but within the\nCommonwealth – 28 days;\n(c) in any other case – 42 days.\n(4) The Court may, in settling the citation, fix a shorter or longer period\nfor each of the periods referred to in subrule (3).\n(5) Where the applicant for issue of the citation wishes a shorter or\nlonger period to be fixed, he shall include in his request for issue of\nthe citation a statement of the period which he requests be fixed\nand file an affidavit in support of that request.\n88.56 Service\n(1) A citation shall be served personally on the person cited.\n(2) A citation may be served outside the Territory.\n(3) Service of a citation on a person under a disability shall not be\neffected otherwise than in accordance with subrules (4) to (7)\n(inclusive).\n\nSupreme Court Rules 1987 385\n(4) Where the person to be served is an infant, the citation may be\nserved:\n(a) if he has attained the age of 16 years – on him;\n(b) on a parent of his or a guardian of his person or of his estate;\nor\n(c) if he has no parent and has no guardian of his person or of his\nestate – on a person with whom he resides or in whose care\nhe is.\n(5) Where the person to be served is a person otherwise under a\ndisability, the citation may be served:\n(a) if he has a guardian – on the guardian; or\n(c) if the person under a disability has no guardian – on a person\nwith whom he resides or in whose care he is.\n(6) The citation may be served on a person (including a person under a\ndisability) whom the Court, before or after the service, approves.\n(7) A citation served in pursuance of subrules (4), (5) or (6) shall be\nserved in the manner required by the General Rules with respect to\npersonal service of a document.\n88.57 Appearance by person cited to see\n(1) Subject to subrule (2), Order 8 applies to a person cited to see a\nproceeding as if the person cited were a defendant in the\n(2) Rules 8.08 and 8.09 do not apply to a case to which this rule refers.\n88.58 Election to be respondent\n(1) A person cited to see a proceeding may, except where he has\nlodged a caveat requiring proof in solemn form of a will to which the\nproceeding relates, include in his notice of appearance a statement\nthat he elects to be a defendant in the proceeding.\n(2) Where the person cited elects under subrule (1) to be a defendant\nin a proceeding, he shall, on filing his notice under subrule (1),\nbecome a defendant in the proceeding and the proceeding shall\ncontinue as if he were joined as a defendant by the originating\nprocess and as if he were served with the originating process on\nthe day on which he was served with the citation to see the\n\nSupreme Court Rules 1987 386\n(3) Where the person cited has lodged a caveat requiring proof in\nsolemn form of a will to which the proceeding relates, he may, after\nfiling a notice of appearance in the proceeding, apply for an order\nadding him as a party in the proceeding.\n88.59 Person under disability\n(1) This rule applies where a citation is served on a person under a\n(2) The proceeding in respect of a citation shall be stayed until the\nappointment of a litigation guardian for the person under a\n(3) The person under a disability may answer a citation only by his\n(4) Subject to rule 88.60, Order 15 does not apply to the appointment\nof a litigation guardian under this Part.\n(5) An application for the appointment of a litigation guardian shall be\nby summons in the proceeding relating to the citation.\n(6) There shall be no defendant to a summons for appointment of a\n(7) The proceeding shall be heard without an appointment being\nobtained for a hearing.\n(8) The proceeding may be heard:\n(a) in the absence of the public;\n(9) A draft minute of the order sought shall be lodged with the Registrar\nbefore an order is made on the summons.\n(10) The order shall be authenticated in accordance with the General\n(11) Where a person under a disability has a guardian who has or may\nbe given authority under an Act to answer the citation on his behalf,\nno person other than the guardian shall act as litigation guardian,\n(13) A litigation guardian shall not be appointed unless:\n(a) he is the person applying for appointment; or\n\nSupreme Court Rules 1987 387\n(b) evidence of his consent to act as litigation guardian is\nfurnished.\n(14) Where a citation to see a proceeding has been served on a person\nunder a disability and a litigation guardian of that person is\nappointed to answer the citation, the appointment shall extend to\nthe litigation guardian electing on behalf of the person under a\ndisability to become a defendant in the proceeding in which the\ncitation was served and defending that proceeding (including cross-\nclaiming in it).\n88.60 Person under disability elects to become defendant\nWhere a person under a disability elects by his litigation guardian to\nbecome a defendant in a proceeding in which a citation was served,\nOrder 15 applies as if his litigation guardian had been appointed\nunder that Order.\n88.61 Proof of service of citation to see\nA party at whose request a citation to see a proceeding has been\nissued shall not, without the leave of the Court, be entitled to be\nheard at the hearing or trial of the proceeding unless he has\nfurnished evidence on affidavit:\n(a) that the person cited has not been served with the citation; or\n(b) where the person cited has not filed a notice of appearance in\nthe proceeding – that the citation has been served on him.\n88.62 Caveat in respect of grant\n(1) A person claiming to have an interest in an estate may lodge in the\nRegistry a caveat, in accordance with Form 88ZC, in respect of a\ngrant or reseal being made in the estate.\n(2) The caveat shall state fully the nature of the interest claimed by the\ncaveator and shall provide an address for service.\n(3) Where a person, to the knowledge of the caveator, is making or is\nintending to make application for a grant or resealing in the estate,\nthe caveator shall, within 7 days after the lodging of the caveat,\nserve a copy of the caveat on him.\n\nSupreme Court Rules 1987 388\n88.63 Caveat for solemn form\n(1) A person having an interest in an estate may lodge in the Registry a\ncaveat, in accordance with Form 88ZD, requiring proof in solemn\nform of a will.\n(2) The caveat shall state fully the nature of the interest of the caveator\nand shall provide an address for service.\n(3) Where a person, to the knowledge of the caveator, is making or\nintending to make application for a grant or resealing in the estate,\nthe caveator shall, within 7 days after the lodging of the caveat,\nserve a copy of the caveat on him.\n88.64 Duration\n(1) A caveat takes effect on the date of lodgment and, unless the Court\notherwise orders, remains in force for 6 months.\n(2) The Court may extend the period of duration of a caveat.\n88.65 Leave to withdraw caveat – no proceeding for grant\n(1) This rule applies to an application for leave to withdraw a caveat\nwhere there is no proceeding for a grant or resealing in the estate.\n(2) An application under this rule shall be made by summons\nsupported by affidavit.\n(3) There shall be no defendant in a proceeding for leave under this\n(4) Order 46 does not apply to a proceeding under this rule.\n(5) A draft minute of the order sought shall be lodged with the Registrar\nbefore an order is made on the summons.\n(6) The order shall be authenticated in accordance with the General\n88.66 Leave to withdraw caveat – proceeding for grant\n(1) This rule applies to an application for leave to withdraw a caveat\nwhere there is a proceeding for a grant or resealing in the estate.\n(2) A caveator shall file a notice of appearance in the proceeding for\ngrant or resealing.\n(3) The application for leave to withdraw the caveat shall be made by\n\nSupreme Court Rules 1987 389\n88.67 Withdrawal\n(1) Where leave is given to withdraw a caveat, the caveator may\nwithdraw it by himself or his solicitor and by writing in the margin of\nthe caveat \"I withdraw this caveat\" and dating and signing the\nindorsement.\n(2) Where a caveator withdraws a caveat, he shall, within 7 days after\nthe withdrawal, serve notice of the withdrawal on a person who, to\nthe knowledge of the caveator, is making or intending to make\napplication for a grant or for resealing in the estate.\n88.68 Recoupment of costs\nWhere a caveat is withdrawn and the person on whose application\na grant or resealing is made is unable to recover from the caveator\ncosts which the caveator has been ordered to pay to him, that\nperson shall be entitled to be paid by the estate the amount of the\ncosts properly incurred by him in addition to other costs to which he\nis entitled out of the estate.\n88.69 Citation of caveator to see\nWhere a caveat is in force requiring proof of a will in solemn form,\nthe caveator shall, in a proceeding for a grant or for resealing in\nwhich the applicant seeks to prove a will to which the caveat\nrelates, be cited to see the proceeding.\n88.70 Order that caveat cease to be in force\n(1) Where a person intends to apply for a grant or for resealing and a\ncaveat is in force in respect of a grant or resealing being made in\nthe estate, that person may apply for an order that the caveat cease\nto be in force in respect of the intended application for grant or\nresealing.\n(2) A proceeding under this rule shall be commenced by originating\nmotion supported by affidavit.\n(3) The caveator shall be the defendant in the proceeding.\n(4) Where in respect of the caveat the Court considers that the\nevidence does not show:\n(a) that the caveator has an interest in the estate or has a\nreasonable prospect of establishing such an interest; and\n(b) some matter occasioning doubt as to whether the grant ought\nto be made,\n\nSupreme Court Rules 1987 390\nthe Court may order that the caveat cease to be in force in respect\nof the intended application.\n(5) Where the Court does not, in pursuance of subrule (4), order that\nthe caveat cease to be in force in respect of the intended\napplication, the Court may give such directions as appear best\nadapted for the just, quick and inexpensive determination of what\ngrant or resealing, if any, should be made in the estate and of\nrelated matters.\n(6) Directions which the Court may give in pursuance of subrule (5)\ninclude a direction to a caveator to commence a proceeding.\n(7) Where the Court, in pursuance of subrules (5) and (6), directs a\ncaveator to commence a proceeding, it may order that, if the\ncaveator does not commence the proceeding within such time as\nthe Court fixes, the caveat shall cease to be in force in respect of\nthe intended application referred to in subrule (1) or generally.\n(8) An order under subrule (7) may be made at the time the caveator is\ndirected to commence a proceeding or at a subsequent time.\n88.71 Proceeding by a writ or originating motion\n(1) Where a caveat is in force in respect of a grant or resealing being\nmade in an estate, a proceeding for a grant or for resealing in the\nestate shall be commenced by a writ or an originating motion.\n(2) Unless the Court otherwise directs, the caveator shall be a party in\n88.74 Service of notice or summons under section 91\n(1) A notice or summons under section 91 of the Probate Act may be\nserved by sending it by pre-paid post to the executor, administrator\nor trustee at his address for service stated in the originating process\nfor the grant or resealing.\n(2) A summons to which subrule (1) refers shall be in accordance with\nForm 88ZE.\n\nSupreme Court Rules 1987 391\n(3) The Registrar shall, before the hearing of a summons under this\nRule, file:\n(a) a statement:\n(i) of the date and mode of service of the notice to which\nsubrule (1) refers; and\n(ii) indicating whether the executor or administrator to whom\nthe notice is directed has, within the time prescribed in\nsection 91(2) of the Probate Act, complied with\nsection 89 of that Act; and\n(b) a copy of the notice referred to in this rule.\n(4) The statement referred to in subrule (3)(a) is evidence of the\nmatters stated in it.\n(5) The prescribed time for the purpose of section 91(3) of the Probate\nAct is one month from the making of an order by the Court.\n88.75 Extension of time\n(1) An executor or administrator may, in a proceeding for a grant or for\nresealing, apply for an order extending the period referred to in\nrule 88.72 and 88.73, including an order extending the period until\nthe further order of the Court, without the prior filing or service of a\n(2) Where an executor or administrator has been summoned under\nsection 91(2) of the Probate Act, and wishes to apply for an order\nextending the period referred to in rule 88.72 or 88.73, he shall\napply on the day appointed for showing cause.\n(3) Except where subrule (2) applies, a draft minute of the order sought\nshall be lodged with the Registrar before an order is made.\n(4) An order for extension of time shall be authenticated in accordance\nwith the General Rules after the minute of it is signed.\n88.76 Order to file, &c., accounts\nAn application for an order that an executor, administrator or trustee\nof the estate of a deceased person:\n(a) file an inventory;\n(b) file accounts;\n(c) file and pass accounts; or\n\nSupreme Court Rules 1987 392\n(d) pass accounts filed,\nshall be made by summons in the proceeding in which\nrepresentation was applied for.\n88.77 Commencement of proceeding for passing or commission\nAn application by an executor, administrator or trustee for:\n(a) an order passing his accounts; or\n(b) an order passing his accounts and for commission,\nshall be made by summons.\n88.78 Proceeding for passing accounts, &c.\n(1) Before making an order under rule 88.77, the Court may order that\nthe applicant for the Order attend before the Registrar to vouch the\napplicant's accounts.\n(2) The Registrar shall fix an appointment for the purpose of the\nvouching of the accounts.\n(3) Not later than 14 days before the appointment to vouch his\naccounts the applicant shall cause to be published a notice of the\nfiling of his accounts, the order or orders claimed in the proceedings\nand the appointment to vouch the accounts.\n(4) The notice shall be published in a newspaper circulating in Darwin\nand, if the deceased was resident at the date of his death at a place\nmore than 200 kilometres from the General Post Office at Darwin,\nalso in a newspaper published and circulating in the district where\nthe deceased resided.\n(5) Subject to subclause (7), not later than 14 days before the\nappointment to vouch his accounts the applicant shall serve on any\nsurety to an administration bond in the estate a copy of the notice\nreferred to in subrule (3).\n(6) The applicant shall file an affidavit of compliance with subrules (4)\nand (5).\n(7) Instead of or in addition to complying with subrules (3) and (4) in\nrespect of a surety, the applicant may file the consent of that surety\nto an order passing the accounts and an affidavit verifying the\nconsent.\n\nSupreme Court Rules 1987 393\n(8) While an application to which this rule applies is pending, a person:\n(a) may, unless the Registrar otherwise directs, inspect the\naccounts without the leave of the Court; and\n(b) may, at any time before completion of the hearing, file a notice\nof appearance in the proceeding.\n(9) A person filing a notice of appearance shall be a respondent in the\n(10) On the day appointed under subrule (2) or at such later time as\nconvenient, the Registrar shall proceed with the vouching before\nhim of the accounts where the applicant has complied with this\nPart.\n(11) The applicant may vouch his accounts in person, by his legal\npractitioner or by a person authorized by the legal practitioner.\n(12) A person, whether or not he is a party in the proceedings, may\nattend on the vouching of the accounts unless the Court, of its own\nmotion, otherwise orders.\n(13) The Registrar may permit a person to ask, through him, a question\nrelevant to the vouching of the accounts.\n(14) Where the vouching of the accounts is not concluded on the day\nappointed, subject to any direction by the Registrar, he may decline\nto proceed with the vouching at any time reasonable notice of which\nhas not been given to any person interested.\n(15) On the conclusion of the vouching, the Registrar shall inform the\napplicant of matters necessary for preparation by the applicant of a\ndraft minute of a certificate of the vouching of the accounts.\n(16) The certificate vouching the accounts shall certify as to:\n(a) the correctness of the accounts;\n(b) the amount of capital realised during the period of the\naccounts;\n(c) the amount of income collected during the period of the\naccounts;\n(d) the value of assets transferred to beneficiaries during the\nperiod of the accounts;\n\nSupreme Court Rules 1987 394\n(e) where a business was carried on, the gross receipts and net\nprofit earned or loss incurred during the period of the\naccounts; and\n(f) any other relevant information.\n(17) The applicant shall lodge the draft minute with the Registrar.\n(18) The Registrar shall sign a correct minute of his certificate and shall\nfile it.\n(19) Except where rule 88.79 applies, the applicant, on the filing of a\nminute under subrule (18), shall obtain from the Registry an\nappointment for the resumption of the hearing of the proceeding.\n88.79 Uncontested proceeding for passing accounts\n(a) there is no respondent in a proceeding to pass accounts; and\n(b) the applicant does not seek commission.\n(2) A proceeding may be heard:\n(3) The proceeding shall be heard without an appointment being\n(4) Rule 46 does not apply to a proceeding under this Rule.\n88.80 Affidavits in support of commission\nWhere the applicant seeks commission he shall file:\n(a) an affidavit in support of the application; and\n(b) where the accounts are not filed within the time fixed by this\nPart or an order of the Court, an affidavit explaining the delay.\n88.81 Renunciation\n(1) Where an executor, administrator or trustee renounces his right to\ncommission in respect of a particular year, he shall be entitled to\nindemnity out of the assets in the estate for the amount of his legal\npractitioner's charges and disbursements, as moderated in\naccordance with the relevant professional scale, for\nnon-professional work performed in that year, to an amount not\n\nSupreme Court Rules 1987 395\nexceeding that which the executor, administrator or trustee would\nhave been, in the opinion of the Court, allowed by way of\ncommission for that year had he applied for commission.\n(2) Where an applicant, in accordance with subrule (1), files a\nrenunciation of commission, the accounts shall be allowed in\naccordance with the indemnity under subrule (1).\n(3) A renunciation shall be filed no later than a reasonable time before\nthe hearing of the proceeding.\n88.82 Notice\nThe Court may order an applicant under this Part to give notice of a\nproceeding to a person.\n88.83 Review\n(1) Where a proceeding under this Part is heard by the Registrar, a\nparty may apply to the Court for review of an order made by the\nRegistrar on the hearing.\n(2) The Court may make such order by way of confirmation, variation,\ndischarge or otherwise as it thinks fit.\n(3) An application for review shall be made within 14 days after the\ndate of the order in respect of which the review is sought.\n88.84 Accounting party\n(1) Where accounts have been filed with the Registrar in pursuance of\nthis Part and:\n(a) a doubt or difficulty arises; or\n(b) a person interested desires the matter referred to a Judge,\nthe Registrar shall serve the accounting party with a notice in\nwriting stating that he will not pass the accounts and giving his\nreasons.\n(2) Where a notice has been served under subrule (1), the accounting\nparty may, within 14 days after the service of the notice, apply to a\nJudge to pass the accounts.\n(3) An application shall be by summons and a copy of the summons\nshall be served on the Registrar 7 clear days before the return day\nof the motion.\n\nSupreme Court Rules 1987 396\n(4) If an accounting party has been served with a notice under\nsubrule (1) and has failed within the time prescribed in subrule (2)\nto apply to the Court to pass the accounts, he shall, for the\npurposes of the Probate Act and these Rules, be deemed to have\nfailed to comply with the provisions of section 89 of that Act.\n88.85 Public Trustee\nSubject to a law to the contrary, nothing in this Part requires the\nPublic Trustee to pass his accounts.\n88.86 Applications under Probate Act and these Rules\n(1) An application for an order which, under the Probate Act or these\nRules, the Court has power to make shall:\n(a) where the application is in relation to a proceeding already\ncommenced – be made by summons; or\n(b) where the application is in the nature of an originating\nproceeding – be made by a writ or an originating motion\nsupported by affidavit,\n(c) this Part provides otherwise; or\n(d) the Court otherwise orders.\n(2) Subrule (1) applies to a proceeding which may be commenced\nunder this Chapter but in respect of which no procedure for\ncommencement is prescribed.\n88.87 Notice of appearance\nA notice of appearance for the purposes of this Chapter shall be in\naccordance with Form 8A and Order 8 applies, with appropriate\nmodifications, to a notice of appearance under this Chapter.\n88.88 Notice of intended distribution\nA notice under section 96 of the Probate Act may be in or to the\neffect of Form 88ZF.\n\nSupreme Court Rules 1987 397\n88.89 Registrar not to deal with application for representation in\ncertain cases\n(1) Where an application for a grant of representation or for resealing\nhas been made to the Registrar and:\n(a) a caveat against the application is subsequently lodged with\nthe Registrar before the representation applied for has been\ngranted;\n(b) there is no direct evidence of the death of the person in\nrespect of whom the application is made but only evidence\nsupporting a presumption of his death;\n(c) it appears doubtful to the Registrar whether the application\nshould be granted; or\n(d) the application is made under Part IV of the Probate Act, and\nthe Registrar thinks it proper to be dealt with by a Judge or it\nbecomes necessary to obtain the directions of a Judge.\nthe Registrar shall serve on the applicant a notice in writing stating\nthat he will not deal with the application, and giving his reasons.\n(2) When an applicant has been served with a notice under subrule (1),\nhe may apply to the Court by summons for a grant of representation\nor resealing.\n88.90 Solemn form\n(1) Notwithstanding anything contained in this Chapter, an executor or\nother person entitled to prove a will may prove it in solemn form of\nlaw.\n(2) An application for proof in solemn form of law shall be commenced\nby writ.\n(3) Immediately on the filing of a writ under this rule, the plaintiff shall\napply to the Registrar by summons for directions.\n89.01 Application\n(1) This Chapter applies to a proceeding in the Court to which a cross-\nvesting law applies.\n\nSupreme Court Rules 1987 398\n(2) In the application of Chapter 1 to a proceeding to which this\nChapter applies, a reference in rule 1.02 to a proceeding\ncommenced includes a reference to a proceeding transferred under\na cross-vesting law.\n89.02 Definitions\nIn this Chapter, unless the contrary intention appears:\nthe Act means the Jurisdiction of Courts (Cross-Vesting) Act 1987.\ncross-vesting law means a law of the Commonwealth or of a State\nor Territory (including the Act) relating to the cross-vesting of\njurisdiction.\nspecial federal matter has the same meaning as in the Jurisdiction\nof Courts (Cross-Vesting) Act 1987 of the Commonwealth.\n89.03 Form of documents\n(1) Subject to subrule (2), an originating motion or summons by which\napplication is made under a cross-vesting law shall be in writing\nand be prepared in accordance with rules 27.02 to 27.04 inclusive.\n(2) In addition to the requirements of Order 27 the heading of the\noriginating motion of summons shall state \"In the matter of the\nJurisdiction of Courts (Cross-Vesting) Act 1987\".\n89.04 Application by Attorney-General\nIf an application for the transfer of a proceeding is made by the\nAttorney-General of the Commonwealth or of a State or another\nTerritory, the Attorney-General does not, by reason of the\napplication, become a party to the proceeding in respect of which\nthe application is made.\n89.05 Removal of proceeding\nIf an order is made for the removal of a proceeding from a court or\ntribunal to the Court under section 8 of the Act, the Court may give\nany directions that could have been given by the court or tribunal in\nwhich the proceeding was pending.\n\nSupreme Court Rules 1987 399\n89.06 Notice\n(1) A party to a proceeding proposing to invoke a jurisdiction arising\nunder a provision of a cross-vesting law, or otherwise to rely on a\nprovision of a cross-vesting law, shall:\n(a) file and serve a notice:\n(i) identifying the provision;\n(ii) identifying the claim in relation to which reliance is\nplaced on the provision; and\n(iii) stating the grounds on which reliance is placed on the\nprovision; and\n(b) seek directions as soon as practicable as to whether the\nproceeding should be transferred.\n(2) Where a matter for determination in a proceeding is a special\nfederal matter, the notice shall:\n(a) identify the special federal matter; and\n(b) state the grounds on which it is a special federal matter.\n89.07 Service out of Territory\n(1) Originating process may be served out of the Territory only with\nleave of the Court where the proceeding includes a matter for\ndetermination in respect of which jurisdiction under a cross-vesting\nlaw is invoked.\n(2) Leave shall not be granted under subrule (1) unless the Court is\nsatisfied that the Court may be, having regard to the relevant cross-\nvesting law, an appropriate court to hear and determine the\n(3) A proceeding may be transferred to another court notwithstanding\nthat leave to serve the originating process out of the Territory has\nbeen given.\n89.08 Procedure after transfer\n(1) When a proceeding is transferred by the Court under a cross-\nvesting law, the Registrar of the Supreme Court shall send to the\nproper office of the court to which the proceeding is transferred all\ndocuments filed, and all orders made, in the proceeding.\n\nSupreme Court Rules 1987 400\n(2) When a proceeding is transferred to the Court under a cross-\nvesting law, the Registrar of the Supreme Court shall give it a\nnumber and title.\n(3) As soon as practicable after a proceeding is transferred to the Court\nunder a cross-vesting law, the party by whom the proceeding was\ncommenced shall apply for directions.\n89.09 Conduct of proceeding\n(1) If a party seeks to have a written law of another State or Territory\napplied under section 11(1)(b) of the Act in determining a right of\naction arising under that written law, that party shall file and serve a\nnotice identifying the right of action and the written law.\n(2) If a party seeks to have rules of evidence and procedure, other than\nthose of the Court, applied under section 11(1)(c) of the Act in\ndealing with a matter for determination in the proceeding, that party\nshall file and serve a notice stating the relevant rules that the party\nseeks to have applied.\n(3) A party required by subrule (1) or (2) to file and serve a notice shall\nseek directions on the subject-matter of the notice before the\nproceeding is set down for trial.\n89.10 Directions\nThe Court may give directions in relation to a proceeding to which a\ncross-vesting law applies and may set aside or vary any direction\n89.11 Applications made to Judge\nThe powers of the Court under a cross-vesting law and this Chapter\nshall be exercised by a Judge.\n90.01 Interpretation\n(1) In this Chapter:\nAct means the Admiralty Act 1988 of the Commonwealth.\nMarshall means the Sheriff or other person authorized by or under\nrule 90.02.\n\nSupreme Court Rules 1987 401\nRules means the Admiralty Rules made under the Act.\n(2) A reference in the Rules to the Registrar otherwise than in relation\nto a proceeding in a court includes a reference to an Associate\n90.02 Registrar and Marshall\n(1) For the purposes of section 4 of the Rules, but subject to\nsubrule (2):\n(a) an Associate Judge is authorised to exercise the power and\nfunction, and perform the duty, of the Registrar; and\n(b) the Sheriff appointed under the Sheriff Act 1962 is authorised\nto exercise the power and function, and perform the duty, of\nthe Marshall.\n(2) The Court constituted by the Chief Justice may, either generally or\nin a particular case, authorise a person to exercise the power or\nfunction, or perform the duty, of the Registrar or the Marshall.\n90.03 Operation of Chapters 1 and 2\nChapters 1 and 2 of the Supreme Court Rules 1987, with the\nnecessary changes, and to the extent that they are not inconsistent\nwith the Rules, apply to and in relation to all matters to which the\nRules apply.\n90.04 Marshall may charge fees\nThe Marshall may, in respect of a function exercised or duty\nperformed by the Marshall, charge fees in accordance with the\nfollowing table:\nTABLE OF FEES\n1. Receiving and entering a writ, warrant release, decree,\norder, caveat, commission or other instrument under the\nseal of the Court $15.00\n2. For service of a writ, but subject to item 5 $15.00\n3. For execution of a warrant for the arrest of a ship or\nseizure of cargo or other goods, but subject to item 5 $30.00\n4. For execution of a writ of attachment – for each person $30.00\n5. Where a writ is served at the same time as a warrant of\narrest is executed – instead of fees under items 2 and 3 $40.00\n\nSupreme Court Rules 1987 402\n6. For release of a ship, goods or person from seizure or\narrest\n$15.00\n7. For execution of a commission of appraisement and sale or\nappraisement/sale, but subject to item 8 $30.00\n8. Where execution of a commission of appraisement is\nordered and the Court then orders that there be a\ncommission for sale – instead of the fee under item 7 $60.00\n9. For arranging the appointment of the commission of an\nauctioneer or agent for sale by public auction or private\ncontract (to include an inventory, valuation, and compiling\na certificate of appraisement and preparing for sale) $25.00\n10. For execution of a decree, order, commission or instrument\nother than one specified in this Schedule $30.00\n11. For delivery of a ship or goods to a purchaser $30.00\n12. For attending the discharge of cargo or removal of a ship\nor goods – per day $30.00\n13. Where process must be executed urgently resulting in\noffice being open after hours – for each hour office is open\nafter hours $50.00\n14. On the gross proceeds of any ship or goods sold:\nfor every $200 or part of $200 up to $20,000\nfor each additional $200 or part of $200\n$6.00\n$3.00\n15. For retaining possession of a ship (with or without cargo) or\nof a ship's cargo – per day $15.00\nNote\n1 No fee is payable for the custody and possession of property seized if it\nconsists of money in an ADI, or goods stored in a bonded warehouse, or if it\nis in the custody of a customs house officer or other authorized person.\n2 In addition to the fees specified in this Schedule, the Marshall may recover all\nexpenses reasonably incurred in the execution of the duties referred to in this\nSchedule, including:\n(a) sums expended in attending the discharge of a ship or goods;\n(b) sums paid to a shipkeeper;\n(c) sums paid for the safe custody of property;\n(d) travelling expenses;\n(e) necessary meals;\n\nSupreme Court Rules 1987 403\n(f) overtime penalties;\n(g) sums paid to engage assistants, agents, etc.;\n(h) postage, telephone calls, stationery;\n(j) fees paid to auctioneers or appraisers (at the nominated prescribed\nfee);\n(k) such fee (if any) as the Registrar may determine is payable for any\nprocedure or service not specified in this Schedule.\n3 A deposit on account of fees applicable to any proceeding may be required\nbefore the proceeding is commenced, or at any time during the course of the\nproceeding and a memorandum of the amount deposited must be delivered\nto the party making the deposit. An undertaking in writing to pay any further\nfees or expenses incurred by the Marshall which may become payable\nbeyond the amount deposited may be required.\n\nSupreme Court Rules 1987 404\nOrder 91 Commercial arbitration\n91.01 Definitions\nAct means the Commercial Arbitration (National Uniform\nLegislation) Act 2011.\narbitral tribunal, see section 2(1) of the Act.\narbitration, see section 2(1) of the Act.\nproceeding means a proceeding in the Court under the Act.\n91.02 Application of Chapter 1\nChapter 1, with the necessary changes, applies in relation to a\n91.03 Commencement of proceedings\nA proceeding, including an application for leave to appeal made\nunder section 34A(1)(b) of the Act and an appeal following the grant\nof leave, must be commenced by originating motion.\n91.04 Jurisdiction of Associate Judges\nAn Associate Judge has jurisdiction under the Act except under\nsections 14, 27J, 34 and 34A.\n91.05 Court assistance in taking evidence\n(1) This rule applies if a request for assistance from the Court is made\nunder section 27 of the Act.\n(2) For the purpose of executing the request, the Court may, on behalf\nof the arbitral tribunal, take evidence in any way that the Court\ncould take evidence if the arbitration were a proceeding in the\n(3) For subrule (2), Order 41 applies.\n\nSupreme Court Rules 1987 405\n(4) The Registrar must cause all evidence taken under this rule\n(including transcripts or recordings of oral evidence) to be given to\nthe arbitral tribunal.\n91.06 Subpoenas\n(1) Order 42, other than rules 42.03(6) and (7), 42.06(4)(b), 42.09\nand 42.10, applies to the issue of a subpoena under section 27A of\n(2) A subpoena to produce documents to the arbitral tribunal may, with\nthe leave of the Court or the arbitral tribunal, require production of\nthe documents on any day.\n(3) Unless the Court orders otherwise, a subpoena requiring a person\nto produce documents to the arbitral tribunal must allow the person\nto produce them:\n(a) to a person, and at a place, nominated in writing by the arbitral\ntribunal and stated in the subpoena; and\n(b) by hand or by post.\n(4) If the person produces the document in accordance with\nsubrule (3), the person nominated must receive it not later than\n2 days before the first date on which production before the arbitral\ntribunal is required.\n(5) If a document is produced in accordance with subrules (3) and (4),\nthe person nominated:\n(a) if required to do so – must give a receipt to the person\nproducing the document; and\n(b) must produce the document as the nature of the case requires\nor as the arbitral tribunal may direct.\n(6) Subrules (3) and (4) do not apply to so much of a subpoena as\nrequires a person to attend for examination before the arbitral\ntribunal.\n91.07 Application to determine a question of law\nFor an application to the Court under section 27J of the Act, the\noriginating motion must be filed and served within 14 days after the\ndate on which the consent of the arbitral tribunal or all the other\nparties is obtained.\n\nSupreme Court Rules 1987 406\n91.08 Application to set aside an arbitral award\nFor an application to the Court under section 34 of the Act to set\naside an arbitral award, the originating motion must include a\nstatement of:\n(a) the date the party received the award; or\n(b) if a request has been made to the arbitral tribunal under\nsection 33 of the Act – the date the request was disposed of\nby the arbitral tribunal.\n91.09 Appeal on a question of law\n(1) For a party seeking leave to appeal under section 34A(1)(b) of the\nAct, the originating motion must include a statement of the party's\ncase setting out the following:\n(a) the dates relevant to the calculation of the appeal period\nmentioned in section 34A(6) of the Act;\n(b) the nature of the case with sufficient particularity for an\nunderstanding of the matters referred to in the originating\nmotion;\n(c) the question of law;\n(d) how the determination of the question will substantially affect\nthe rights of one or more of the parties;\n(e) that the question is one which the arbitral tribunal was asked\nto determine;\n(f) the reasons for which it is asserted that, on the basis of the\nfindings of fact in the award:\n(i) the decision of the arbitral tribunal on the question is\nobviously wrong; or\n(ii) the question is one of general public importance and the\ndecision is at least open to serious doubt;\n(g) the reasons for which, despite the agreement of the parties to\nresolve the matter by arbitration, it is just and proper in all the\ncircumstances for the Court to determine the question.\n\nSupreme Court Rules 1987 407\n(2) For an appeal to the Court under section 34A(1) of the Act, the\noriginating motion must include a statement setting out the\n(a) the date each party agreed under section 34A(1)(a) of the Act;\n(b) the question of law;\n(c) the nature of the dispute with sufficient particularity for an\nunderstanding as to the context in which the question of law\narises under section 34A(3) and (4) of the Act;\n(d) the respects in which it is asserted that the arbitral tribunal fell\ninto error.\n91.10 Enforcement of award\n(1) For an application under section 35 of the Act, section 9 of the\nInternational Arbitration Act 1974 (Cth) applies to proceedings in\nwhich a person seeks leave to enforce an award in the same way\nas it applies to proceedings in which a person seeks enforcement of\na foreign award under that Commonwealth Act.\n(2) For an application under section 35 of the Act, the originating\nmotion must be supported by affidavit.\n(3) The affidavit must:\n(a) annex the arbitration agreement and the award or, in either\ncase, a copy; and\n(b) state the extent to which the award has not been complied\nwith at the date the application is made; and\n(c) state the usual or last known place of residence or business of\nthe person against whom it is sought to enforce the award or,\nif the person is a corporation, its last known registered office.\n(4) If the Court grants the application, the party who sought the\nenforcement of the award may enter judgment in terms of the\naward.\n91.11 Application of Part\nThis Part applies in relation to an arbitration under an arbitration\nagreement unless otherwise agreed in writing by the parties to the\nagreement.\n\nSupreme Court Rules 1987 408\n91.12 Offer of compromise\n(1) A party to an arbitration may make an offer of compromise of a\nclaim the subject of the arbitration on the terms specified in the offer\nto any other party.\n(2) An offer of compromise must:\n(a) be in writing; and\n(b) contain a statement to the effect that the offer is made under\nthis Part; and\n(c) be served on the other party.\n91.13 Time for making or accepting an offer\n(1) An offer of compromise may be served at any time before the time\nprescribed by subrule (8) for the claim to which it relates.\n(2) A party may serve more than one offer of compromise.\n(3) An offer of compromise may be expressed to be limited as to the\ntime the offer is open to be accepted after service on the party to\nwhom it is made, but the time expressed must not be less than\n28 days after service.\n(4) A party on whom an offer of compromise is served must, within\n3 days after service, serve a written acknowledgment of service on\nthe party serving the offer.\n(5) A party on whom an offer of compromise is served may accept the\noffer by serving written notice of acceptance on the party who made\nthe offer before the first of the following occurs:\n(a) the expiration of the period for which the offer is expressed to\nbe open under subrule (3) or, if no time is specified, the\nexpiration of 28 days after service of the offer; or\n(b) the time prescribed by subrule (8) in respect of the claim to\nwhich the offer relates.\n(6) An offer of compromise cannot be withdrawn during the time it is\nopen to be accepted.\n(7) An offer (the first offer) is open to be accepted within the period\nmentioned in subrule (5) even if during that period the party on\nwhom the first offer is served makes an offer (the second offer) to\nthe party who made the first offer, whether or not the second offer is\nmade in accordance with this Part.\n\nSupreme Court Rules 1987 409\n(8) For subrules (1) and (5), the time prescribed is the time when the\narbitrator:\n(a) has made decisions on all questions of liability and the relief to\nbe granted in respect of the claim to which the offer relates;\nand\n(b) has communicated the decisions to one or more of the parties.\n91.14 Offer without prejudice\nAn offer of compromise is taken to be made without prejudice,\nunless the offer otherwise provides.\n91.15 Time for payment\nAn offer of compromise providing for the payment of a sum of\nmoney, or for the doing of any other act, is taken to provide for the\npayment of that sum or the doing of that act within 28 days after\nacceptance of the offer, unless the offer otherwise provides.\n91.16 Withdrawal of acceptance\n(1) A party who accepts an offer may, by serving a written notice of\nwithdrawal on the offeror, withdraw the acceptance if:\n(a) the offer provides for payment of a sum of money or the doing\nof any other act; and\n(b) the sum is not paid to the offeree, or the act is not done, within\n28 days after acceptance of the offer or within such other time\nas the offer provides.\n(2) On withdrawal of an acceptance all steps in the arbitration taken in\nconsequence of the acceptance have effect only as the arbitrator\nmay direct.\n(3) On withdrawal of acceptance the arbitrator:\n(a) may give directions under subrule (2); and\n(b) may give directions for restoring the parties as nearly as may\nbe to their positions at the time of the acceptance; and\n(c) may give directions for the further conduct of the arbitration.\n91.17 Disclosure of offer to arbitrator\n(1) No statement of the fact that an offer of compromise has been\nmade may be contained in a document delivered to the arbitrator\nbefore the time prescribed by subrule (4).\n\nSupreme Court Rules 1987 410\n(2) If an offer of compromise has not been accepted, no\ncommunication with respect to the offer may be made to the\narbitrator before the time prescribed by subrule (4).\n(3) Subrules (1) and (2) do not apply if an offer of compromise provides\nthat the offer is not made without prejudice.\n(4) For subrules (1) and (2) the time prescribed is the time when the\narbitrator:\n(a) has made decisions on all questions of liability and the relief to\nbe granted in respect of the claim to which the offer relates;\nand\n(b) has communicated the decisions to one or more of the parties.\n91.18 Failure to comply with accepted offer\nIf a party to an accepted offer of compromise fails to comply with\nthe terms of the offer, the other party may apply to the Court for:\n(a) judgment or orders to give effect to the terms of the accepted\noffer; or\n(b) if the party in default is:\n(i) the party who commenced the arbitration – an order that\nthe arbitration be stayed; or\n(ii) the party responding to the arbitration – an order that the\naccepted offer of compromise is of no effect and that the\nparty who commenced the arbitration is at liberty to\nproceed with the arbitration.\n91.19 Costs if the offer is not accepted\nIn any exercise of discretion as to costs, the arbitrator must\nconsider whether the party serving an offer of compromise was at\nall times willing and able to carry out the party's part of what was\nproposed in the offer.\n\nSupreme Court Rules 1987 411\nPart 3 Transitional matters for Supreme Court\nAmendment (Commercial Arbitration)\nRules 2013\n91.20 Transitional matters\n(1) If an arbitration commenced before the commencement of the\nCommercial Arbitration (National Uniform Legislation) Act 2011,\nOrder 91 as in force immediately before the commencement of the\nSupreme Court Amendment (Commercial Arbitration) Rules 2013\ncontinues to apply to the arbitration.\n(2) For subrule (1), an arbitration has commenced if:\n(a) a dispute to which the relevant arbitration agreement applies\nhas arisen; and\n(b) the arbitral tribunal has been properly constituted.\n92.01 Interpretation\nthe Act means:\n(a) the Criminal Property Forfeiture Act 2002; and\n(b) where the context permits – the Proceeds of Crime Act 2002\nof the Commonwealth.\n92.02 Application\n(1) The rules in Chapter 1 apply to the practice and mode of procedure\nin relation to matters dealt with by this Chapter to the extent to\nwhich:\n(a) they are applicable to;\n(b) they are not expressly excluded by; or\n(c) they do not conflict with,\nthe rules in this Chapter.\n\nSupreme Court Rules 1987 412\n(2) The following rules and orders in Chapter 1 do not apply to a matter\ndealt with by this Chapter:\n(a) Order 4 (except for rule 4.02);\n(b) Order 10;\n(c) Order 13;\n(d) Order 30;\n(e) Order 31;\n(f) Order 45;\n(g) Order 48.\n92.03 Application ex parte\n(1) An ex parte application is to be supported by an affidavit setting out\nthe facts and circumstances on which the application is based.\n(2) The ex parte application is to be heard by a Judge who may make\nsuch order or declaration that the Judge thinks fit.\n92.04 Application on notice\n(1) If the party the subject of an application enters an appearance, the\nRegistrar must list the matter for case flow management by a Judge\nand the Judge may make the orders he or she thinks fit in order to\nbring the matter to trial as expeditiously as possible.\n(2) If the party the subject of an application does not enter an\nappearance within 21 days of service of the application, the\napplicant may request the Registrar to list the matter for a hearing\nbefore a Judge, and if the Judge is satisfied:\n(a) of the matters set out in the affidavit; and\n(b) that service of the application and affidavit was properly\neffected on the party the subject of the application,\nthe Judge may make the order or declaration sought, or any other\norder or declaration that the Judge thinks fit in the circumstances.\n92.05 Application in relation to deceased person\n(1) If an application relates to a deceased person or to the property of a\ndeceased person, notice of the application, together with a\nsupporting affidavit, is to be served on the personal representative\nof the deceased person.\n\nSupreme Court Rules 1987 413\n(2) If there is no personal representative or the personal representative\ncannot be located, the applicant may seek directions from the\nJudge who is responsible for case flow management of the matter.\n92.06 Evidence by affidavit\n(1) Unless by leave of the Court, evidence in chief in a matter (not\nincluding an examination) under the Act is to be by affidavit.\n(2) Subrule (1) does not preclude the cross-examination or\nre-examination of a deponent on his or her affidavit.\n(3) Except as provided by the Act, when notice of an application is\nserved on a party the notice is to be accompanied by a copy of all\naffidavit evidence in relation to the application.\n(4) The Judge may limit the scope of the evidence that is provided to a\nparty if the Judge is satisfied that the protection of an ongoing\ninvestigation requires it, or for other good reason.\n92.07 Affidavit of service\nWhenever a notice under the Act or an application is served on a\nparty who makes no appearance in the matter, the party serving the\nnotice or application must file in the Court an affidavit of service.\n92.08 Discovery\n(1) Discovery of documents is only by order of the Judge and is limited\nto the matters disclosed in the application and the affidavit in\nsupport of the application.\n(2) The Judge may further limit the scope of discovery if the Judge is\nsatisfied that the protection of an ongoing investigation requires it,\nor for other good reason.\n(3) Interrogatories are not available in a matter under the Act.\n92.09 Examination\n(1) An examination under the Act is to be conducted by an Associate\nJudge unless the Judge responsible for case flow management of\nthe matter elects to conduct the examination himself or herself.\n(2) If the Judge makes an order for the examination of a person under\nthe Act, the applicant in relation to the order is to serve a copy of\nthe order on the person.\n(3) If the person to be examined fails to attend the examination,\nrule 66.06 applies.\n\nSupreme Court Rules 1987 414\n92.10 Secrecy provisions in relation to examinations and matters\n(1) A examination is to be conducted in closed court.\n(2) A file of a matter under the Act, and a transcript of an examination\nunder the Act, is not to be publicly available for perusal and is to be\nprominently marked accordingly by the Registrar.\n(3) A person who wishes to inspect a file or transcript referred to in\nsubrule (2) must apply in writing to the Registrar and the application\nmust be approved by the Registrar before inspection is allowed.\n(4) The Registrar may allow a person to inspect a file or a part of a file\nor a transcript referred to in subrule (2) only if the Registrar is\nsatisfied that disclosure of the information to the person would not,\nin the circumstances, result in a contravention of the Act.\n(5) An application form for access to a file is to be filed on the court file\nin relation to the matter, whether approved by the Registrar or\nrefused.\n(6) If access is provided to a person, the file or transcript cannot be\nremoved from the immediate vicinity of the registry and\nphotocopying (or other methods of reproduction) of documents is\nnot permitted, other than note-taking by hand.\n92.11 Damages\nWhen making an application for a restraining order under the Act,\nthe applicant must give the usual undertaking as to damages\n92.12 Registration of interstate orders\nAn interstate restraining order or interstate forfeiture order may be\nregistered by filing a copy of the order, sealed by the court that\nmade the order, in the Registry.\n92.13 Objection\nIf an objection is filed to the restraint of property or an application is\nmade for the release of forfeited property, the Registrar must give\nnotice of the objection or application to the Solicitor for the Northern\nTerritory or to the Australian Government Solicitor, as the case\nrequires.\n\nSupreme Court Rules 1987 415\n92.14 Restraining order ceasing to have effect\n(1) If a restraining notice under the Act ceases to have effect, the\napplicant in relation to the order must, within 2 days after the order\nceases to have effect, file in the Registry a notice that the order has\nceased to have effect.\n(2) A notice filed in accordance with subrule (1) is to have the seal of\nthe Court affixed by the Registrar and the person who filed the\nnotice must, as soon as practicable, serve a copy of the notice on\neach person who was served with the restraining order.\n(3) A party who is affected by a restraining order may, if the restraining\norder has ceased to have effect, apply to the Court for an order to\nthat effect.\n(4) The serving of a notice under subrule (2), or the making of an order\nunder subrule (3), has no effect in relation to land that is subject to\na restraining order until any relevant statutory restrictions notice in\nthe land register is removed by the Registrar-General.\n92.15 Forms\n(1) An ex parte application is to be in the form of Form 92A.\n(2) An application on notice is to be in the form of Form 92B.\n(3) An application to inspect the court file or transcript of an\nexamination is to be in the form of Form 92C.\n93.01 Definitions\nIn this Chapter, Director means:\n(a) the Director of Public Prosecutions for the Northern Territory\nAct 1990; or\n(b) the Director of Public Prosecutions for the Commonwealth\nAct 1983 of the Commonwealth.\n93.02 Applications for bail or review of bail\n(1) An application to the Court, the Court of Appeal or the Court of\nCriminal Appeal for bail or for a review of bail is to be in accordance\nwith Form 93A and supported by affidavit.\n\nSupreme Court Rules 1987 416\n(1A) An application under subrule (1) is to be made not later than 2 days\nbefore the hearing of the application.\n(2) Subrule (1) does not apply in relation to an application to the Court\nfor bail under Part 7 of the Bail Act 1982 if:\n(a) the Director does not oppose bail;\n(b) the Director consents to the application being made orally; or\n(c) the Court orders that the application may be made orally.\n(3) Despite subrule (1), an application for review of bail under\nsection 35 of the Bail Act 1982 relating to an amendment of the\nconditions of bail may be made orally, by telephone or by facsimile\nto the Judge's chambers, if the Director does not oppose the\namendment and consents to the application being in that manner.\n(4) The Director may give his or her consent under subrule (3) to the\nJudge, or the Judge's associate, orally or by telephone, facsimile or\ncomputer transmission.\n(5) If an application has been made orally or by telephone or facsimile,\nthe Judge may determine the application in the same manner.\n93.03 Application of provisions of Chapter 1A\nParts 1 and 2 of Order 81A apply in relation to an application for\nbail, or for review of bail, as if:\n(a) a reference in that Order to the Court included a reference to\nthe Court of Appeal, the Court of Criminal Appeal and a judge\nexercising the powers of either of those courts; and\n(b) a reference to this Chapter were a reference to Chapter 8.\n94.01 Interpretation\n(1) In this Chapter:\nthe Act means the Foreign Judgments Act 1991 (Cth).\n(2) If an expression used in this Chapter is defined in the Act, the\nexpression has the meaning given by that definition unless a\ncontrary intention appears.\n\nSupreme Court Rules 1987 417\n94.02 Application\nThis Chapter applies to any proceedings in the Court under the Act.\n94.03 Application under section 6 by originating motion\n(1) An application under section 6 of the Act for the registration of a\njudgment to which Part 2 of the Act applies may be made without\n(2) The application must be by originating motion and supported by\n94.04 Affidavit\n(1) An affidavit under rule 94.03 must state to the best of the\ninformation and belief of the deponent:\n(a) that the plaintiff is entitled to enforce the judgment;\n(b) that the judgment is final and conclusive between the parties;\n(c) facts demonstrating that the Court is the appropriate court\nunder section 6(1) of the Act;\n(d) that at the date of the application, the judgment has not been\nsatisfied or has been satisfied only in part;\n(e) the amount in respect of which the judgment remains\nunsatisfied;\n(f) that at the date of the application, the judgment can be\nenforced by execution in the country of the original court;\n(g) that, if the judgment were registered, the registration would not\nbe, or liable to be, set aside under section 7 of the Act;\n(h) the amount of interest (if any) that, under the law of the\ncountry of the original court, has become due under the\njudgment up to the time of the application;\n(i) if the sum payable under the judgment is expressed in a\ncurrency other than Australian currency and the judgment\ncreditor has not stated that he or she wishes the judgment to\nbe registered in that other currency – the amount that sum\nrepresents in Australian currency calculated in accordance\nwith section 6(11), (11A) and (11B) of the Act;\n\nSupreme Court Rules 1987 418\n(j) if the judgment is in respect of different matters and only some\nof the provisions of the judgment could, if contained in\nseparate judgments, have been registered – the provisions in\nrespect of which it is sought to register the judgment; and\n(k) the full name, title, occupation and the usual or last known\nplace of residence or business of the judgment creditor and\nthe judgment debtor.\n(2) The affidavit must exhibit:\n(a) a copy of the judgment of the original court certified as such\nby the proper officer of the court and authenticated by its seal;\nand\n(b) if the judgment is not in the English language, a translation of\nthe judgment certified by a notary public or authenticated by\n(3) The affidavit must be accompanied by such other evidence in\nrespect of the matters referred to in subrule (1)(f) and (h) as may be\nrequired having regard to the provisions of any regulations made\nunder the Act extending the Act to the country of the original court.\n94.05 Security for costs may be ordered\nThe Court may order that a person applying for registration of a\njudgment give security for costs.\n94.06 Order on application\n(1) An order for registration of a judgment must:\n(a) specify the period within which an application to set aside the\nregistration may be made; and\n(b) state that the judgment will not be enforced until after the\nexpiration of that period or any extension of that period under\nsubrule (3).\n(2) The order need not be served on the judgment debtor.\n(3) The period referred to in subrule (1)(a) may be extended by the\nCourt on the application of a party made before or after the\nexpiration of the period or any extended period.\n94.07 Notice of registration\n(1) Notice in writing of the registration of a judgment must be served on\nthe judgment debtor whether within the jurisdiction or not.\n\nSupreme Court Rules 1987 419\n(2) Unless the Court orders otherwise, service must be personal\n(3) The notice must:\n(a) include full particulars of the judgment registered and the\norder for registration;\n(b) provide the name and address of:\n(i) the judgment creditor;\n(ii) the judgment creditor's solicitor; or\n(iii) an agent,\non whom and at which any process issued by the judgment\ndebtor may be served;\n(c) state that the judgment debtor may apply on the grounds set\nout in the Act to have the judgment set aside;\n(d) specify the time from the date of the service of the notice\nwithin which the application must be made; and\n(e) advise that the judgment debtor may apply to have that time\nextended.\n94.08 Application to set aside\n(1) An application to set aside the registration of a judgment must be\nmade by summons in the proceedings in which the judgment was\nregistered.\n(2) The summons must set out the grounds of the application and be\nsupported by affidavit.\n(3) The summons and any affidavit in support must be served on the\nperson who procured registration of the judgment.\n94.09 Enforcement of judgment\nA registered judgment may not be enforced unless:\n(a) the period referred to in rule 94.06(1)(a), or any extended\nperiod, has expired;\n(b) any application to set aside registration of the judgment has\nbeen determined by the Court;\n\nSupreme Court Rules 1987 420\n(c) there has been filed in the Court:\n(i) an affidavit of service of the notice of registration; and\n(ii) a copy of the notice of registration; and\n(d) any order of the Court in relation to the judgment has been\nauthenticated and filed.\n94.10 Certified copy of judgment\n(1) An application under section 15 of the Act may be made without\n(2) The application must be made in the proceeding in which the\njudgment of the Court was obtained.\n(3) The application must be made by filing a draft of the certificate\nprovided for rule 94.11(b) with an affidavit deposing to such\ninformation as will enable the certificate to be granted.\n94.11 Certificates\n(1) If an application for a certified copy of a judgment is granted, the\ncopy of the judgment issued must be:\n(a) sealed with the seal of the Court; and\n(b) certified by the Registrar to be:\n(i) a true copy; and\n(ii) issued in accordance with section 15 of the Act.\n(2) The copy of the judgment must be accompanied by a certificate\nfrom the Registrar that includes:\n(a) a statement that the proceeding is at an end except for the\nenforcement of the judgment;\n(b) the claim or claims in respect of which the judgment was\ngiven;\n(c) the grounds on which the judgment was based;\n(d) the rate at which the judgment carries interest; and\n(e) such other matters as the Registrar considers necessary or\ndesirable.\n\nSupreme Court Rules 1987 421\n94.12 Associate Judge\nAn application other than one made under section 15 of the Act\nmust be made to an Associate Judge.\nChapter 10 Proceedings relating to lawyers\n95.01 Full Court to exercise jurisdiction of Court in certain matters\nrelating to lawyers\n(1) The Full Court will, as a general rule, exercise the jurisdiction of the\nCourt to hear and determine a proceeding of any of the following\nkinds:\n(a) a proceeding in the inherent jurisdiction of the Court relating to\nthe discipline of a lawyer;\n(b) an appeal against a decision of the Legal Practitioners\nDisciplinary Tribunal;\n(c) a contested application under the Legal Profession Act 2006\nfor removal of a lawyer's name from the local roll following\nforeign regulatory action;\n(d) an application for admission as a local lawyer under the Legal\nProfession Act 2006.\n(2) However:\n(a) if it is not convenient for the Full Court to deal with an\napplication for the admission of a local lawyer, the application\nwill be heard and determined by a single Judge; and\n(b) the Court may, despite the general rule, order that a particular\nmatter be heard and determined by the single Judge.\n(3) An order under subrule (2)(b) may be made by:\n(a) the Full Court; or\n(b) a single Judge in interlocutory proceedings.\n96.01 Purposes\nThe main purposes of this Chapter are:\n(a) to ensure the Court has control over the giving of evidence\n\nSupreme Court Rules 1987 422\nthat is interpreted, translated or sight translated into English;\nand\n(b) to recognise the special status of an interpreter in the\nadministration of justice by declaring the duties of an\ninterpreter in relation to the Court and the parties to a\n(c) to implement, with appropriate modifications, the\nRecommended National Standards for Working with\nInterpreters in Courts and Tribunals issued by the Judicial\nCouncil on Diversity and Inclusion.\n96.02 Definitions\nIn this Chapter and in Schedule 3:\naccredited interpreter, in relation to an other language, means an\ninterpreter who is certified, registered or recognised as an\ninterpreter for the language by a recognised agency.\naccurately means in accordance with the duty of accuracy set out\nin rule 96.07(2) and clause 4 of the code of conduct.\naccused, see rule 81A.01(1).\ncode of conduct means the Code of Conduct for Interpreters in\nLegal Proceedings set out in Schedule 3.\ninterpret means the process by which the meaning of spoken or\nsigned language is conveyed from one language (the source\nlanguage) to another (the target language) orally or by sign.\nother language means a spoken or signed language other than\nEnglish.\nparty, to a proceeding, includes an accused in a criminal\nrecognised agency means the following:\n(a) the National Accreditation Authority for Translators and\nInterpreters (NAATI);\n(b) the Aboriginal Interpreter Service (AIS);\n(c) Interpreting and Translating Service Northern Territory\n(ITSNT);\n\nSupreme Court Rules 1987 423\n(d) any other organisation that is approved by the Chief Justice to\nbe a recognised agency.\nsight translate means the process by which an interpreter or\ntranslator presents a spoken interpretation of a written text in one\nlanguage (the source language) into another language (the target\nlanguage).\ntranslate means the process by which written language is\nconveyed from one language (the source language) to another\n(the target language) in the written form.\n96.03 Application\nThis Chapter applies to all proceedings in the Court.\n96.04 Proceedings to be conducted in English\nSubject to this Chapter, all proceedings in the Court are to be\nconducted in English.\n96.05 When interpreters may be required\n(1) If the Court is satisfied that a party to a proceeding or a witness\ncannot understand and speak the English language sufficiently to\nenable the party or witness to understand, and to make adequate\nreply to, questions that may be put to the party or witness, the party\nor witness may give:\n(a) oral evidence in the other language that is interpreted into\nEnglish by an interpreter in accordance with this Chapter; or\n(b) evidence by an affidavit or statement in English that has been\nsight translated to the witness by an interpreter.\n(2) The party calling a witness who requires the services of an\ninterpreter is responsible for engaging an interpreter who meets the\nstandards and requirements imposed by this Chapter, as follows:\n(a) in a criminal proceeding, it is the obligation of:\n(i) the prosecution to engage an interpreter for witnesses\ncalled by the prosecution; and\n(ii) the defence to engage an interpreter for witnesses called\nby the defence, including for the accused if the accused\nis to give evidence;\n(b) in a civil proceeding, it is the obligation of the party calling the\nwitness to engage an interpreter for that witness.\n\nSupreme Court Rules 1987 424\n(3) In a criminal proceeding, if the Court is satisfied that the accused\ncannot understand and speak the English language sufficiently to\nenable the accused to understand and participate in the\nproceeding:\n(a) the Court must permit the defence to engage the services of\nan interpreter for the accused who meets the standards and\nrequirements imposed by this Chapter; and\n(b) it is the obligation of the defence to engage an interpreter for\nthe accused.\n(4) In a civil proceeding, if the Court is satisfied that a party cannot\nunderstand and speak the English language sufficiently to enable\nthe party to understand and participate in the proceeding and an\ninterpreter is to be engaged by that party for the purpose of\ncommunicating with the Court:\n(a) the Court must permit that party to engage the services of an\ninterpreter who meets the standards and requirements\nimposed by this Chapter; and\n(b) it is the obligation of that party to engage an interpreter.\nNote for subrule (4)\nThis provision is not intended to limit the engagement of an interpreter by a party\nto a civil proceeding for any other purpose. For example, to interpret legal advice\ngiven by a legal practitioner.\n96.06 Who may act as an interpreter\n(1) Subject to rule 96.05(4) and subrule (4), a person must not act as\nan interpreter unless the person:\n(a) is currently certified, registered or recognised as an interpreter\nfor the other language by a recognised agency or otherwise\nsatisfy the Court that the person is qualified to act as an\ninterpreter; and\n(b) has read and agreed to comply with the code of conduct; and\n(c) swears or affirms to interpret accurately to the best of the\nperson's ability.\n(2) A person must not act as an interpreter if the person:\n(a) is, or is likely to become, a party to, or a witness in, the\nproceeding or proposed proceeding; or\n\nSupreme Court Rules 1987 425\n(b) has a close personal relationship with:\n(i) a party or a member of the party's family; or\n(ii) a witness or potential witness; or\n(c) has or may have a financial or other interest of any kind in the\noutcome of the proceeding or proposed proceeding, other\nthan an entitlement to a reasonable fee for the services\nprovided as an interpreter in the course of the person's\nengagement or appointment; or\n(d) is or may be unable to fulfil the person's duty of accuracy or\nimpartiality under the code of conduct for any reason\nincluding, but not limited to, personal or religious beliefs or\ncultural or other circumstances.\n(3) A person acting as an interpreter must:\n(a) cease to do so if the person becomes aware of any of the\ndisqualifying matters referred to in subrule (2) during a\nhearing; and\n(b) immediately disclose the matter to the Court.\n(4) In exceptional circumstances or if all reasonable efforts have failed\nto identify a person who satisfies the requirements of subrules (1)\nand (2), the Court may grant permission for any person (whether or\nnot related or known to a party or witness) to act as an interpreter\nunder this Chapter even if the person does not satisfy one or more\nof the requirements of those subrules, if:\n(a) the Court is satisfied that the person is able to interpret and, if\nnecessary, sight translate accurately to the level the Court\nconsiders satisfactory in all the circumstances because of the\nperson's specialised knowledge, based on the person's\ntraining, study or experience; and\n(b) the person swears or affirms to interpret accurately to the best\nof the person's ability; and\n(c) the Court is satisfied that the person understands and accepts\nthat in acting as an interpreter the person:\n(i) owes a paramount duty to the Court to be impartial and\naccurate to the best of the person's ability; and\n(ii) is not the agent, assistant or advocate of the party or the\nwitness; and\n\nSupreme Court Rules 1987 426\n(d) the Court directs that the evidence and interpretation be sound\nrecorded for spoken languages and video recorded for sign\nlanguages; and\n(e) the person is over the age of 18 years.\n96.07 Functions of interpreters\n(1) An interpreter owes paramount duties of accuracy, impartiality and\ncandour to the Court when acting as an interpreter, which override\nany other duty the person may have to any party to the proceeding,\neven if the interpreter is engaged directly by that party.\n(2) To carry out the duty of accuracy, an interpreter must interpret in a\nmanner that results in the optimal and complete transfer of the\nmeaning of the other language into English and of English into the\nother language, preserving the content and intent of the other\nlanguage or English (as the case may be) without omission or\ndistortion and including matters which the interpreter may consider\ninappropriate or offensive.\n(3) Unless the Court otherwise orders, an interpreter must:\n(a) interpret questions and all other spoken or signed\ncommunications in the hearing of the proceeding for the party\nor witness from English into the other language and from the\nother language into English; and\n(b) subject to subrule (4), before or during the course of a\nwitness's evidence translate at sight written words shown to\nthe witness.\n(4) An interpreter may decline to sight translate if:\n(a) the interpreter considers that the interpreter is not competent\nto do so; or\n(b) the task is too onerous or difficult by reason of the length or\ncomplexity of the text.\n(5) Unless the Court otherwise orders, an interpreter must not assist a\nparty or that party's legal representatives in the conduct of a\nproceeding or proposed proceeding other than by interpreting\nquestions and all other spoken or signed communications or sight\ntranslating documents in connection with the proceeding or\nproposed proceeding (including the hearing) for the party from\nEnglish into the other language and from the other language into\nEnglish.\n\nSupreme Court Rules 1987 427\n96.08 Code of conduct for interpreters\n(1) Subject to rules 96.05(4) and 96.06(4), an interpreter must comply\nwith the code of conduct.\n(2) Unless the Court otherwise orders, as soon as practicable after an\ninterpreter is engaged in a proceeding or proposed proceeding the\nengaging party must provide the interpreter with a copy of the code\nof conduct.\n(3) Unless the Court otherwise orders and subject to rules 96.05(4) and\n96.06(4), the evidence of a witness may not be received through an\ninterpreter unless the Court is satisfied that the interpreter has read\nthe code of conduct and agreed to be bound by it.\n96.09 Evidence adduced through interpreters\n(1) Unless the Court otherwise orders, a translated affidavit or\nstatement of a witness who requires an interpreter cannot be relied\non in a proceeding unless it includes a certification by the\ninterpreter, or the interpreter separately verifies by affidavit, to the\neffect that:\n(a) before sight translating the affidavit or statement to the\nwitness, the interpreter:\n(i) read the code of conduct and agreed to be bound by it;\nand\n(ii) was given an adequate opportunity to prepare to sight\ntranslate the affidavit or statement; and\n(b) the interpreter sight translated the entire affidavit or statement\nto the witness, who then:\n(i) informed the person responsible for the preparation of\nthe affidavit or statement through the interpreter that the\nperson understood the interpreter and agreed with the\nentire contents of the affidavit or statement; and\n(ii) subsequently swore or affirmed the affidavit, or signed\nthe statement, in the presence of the interpreter.\nDifferent interpreters may be used at different stages of a proceeding.\n(2) The Court may at any time, either of its own motion or on the\napplication of a party, request the interpreter to correct, clarify,\nqualify or explain the interpreter's interpretation of the evidence or\nsight translation of a document.\n\nSupreme Court Rules 1987 428\n(3) Any clarification, qualification or explanation given by the interpreter\nin response to a request under subrule (2) is not evidence of the\ninterpreter in the proceeding.\n96.10 Court may give directions concerning interpreters\n(1) Without limiting any other power of the Court to control its own\nprocedures, the Court may at any time give directions concerning\nany of the following matters, having regard to the nature of the\nproceeding (including the type of allegations made and the\ncharacteristics of the parties and witnesses):\n(a) any particular attributes required or not required for an\ninterpreter, including, but not limited to, gender identity, age or\nethnic, cultural or social background so as to accommodate\nany cultural and other reasonable concerns of a party or\nwitness;\n(b) the number of interpreters required in any proceedings and\nwhether relay interpreting should be used;\n(c) establishment of the expertise of an interpreter;\n(d) the steps to be taken to obtain an accredited interpreter or\nperson who is otherwise qualified to act as an interpreter;\n(e) the steps to be taken before the Court grants permission\nunder rule 96.06(4);\n(f) what information concerning the proceeding may be provided\nto a person in advance of any hearing to assist the person to\nprepare to act as an interpreter at the hearing, such as\npleadings, affidavits, lists of witnesses and other documents;\n(g) when, in what circumstances and under what (if any)\nconditions the information referred to in paragraph (f) may be\nprovided;\n(h) whether the interpreter is to interpret the witness's evidence\nconsecutively, simultaneously or in some other way;\n(i) other resources that the interpreter may be required to consult\nin the course of acting as an interpreter, such as dictionaries\nor other reference works;\n(j) the length of time for which an interpreter should interpret\nduring a hearing without a break;\n(k) security for the interpreter including, if necessary,\narrangements to preserve the anonymity of the interpreter;\n\nSupreme Court Rules 1987 429\n(l) practical matters concerning the interpreter, such as seating\nfor and the location of the interpreter;\n(m) disqualification, removal or withdrawal of an interpreter,\nincluding on the application of the interpreter or any party to\nthe proceeding or on the Court's own motion;\n(n) payment of interpreters.\n(2) In making any order or direction in relation to interpreters the Court\nmust have regard to any practice direction on interpreters made by\nthe Chief Justice for use with this Chapter.\n96.11 Application of other laws\nThis Chapter applies subject to the provisions of the Evidence\n(National Uniform Legislation) Act 2011, the Evidence Act 1939 and\nany other evidentiary provisions or practices applicable to the\n97.01 Form of application for waiver or deferral of fee\nAn application to the Registrar to waive, defer or permit a party to\npay a fee in instalments under regulation 5 of the Regulations must\nbe:\n(a) made in the form approved by the Registrar; and\n(b) accompanied by a written undertaking, given by the applicant,\nto notify the Registrar of any settlement or judgment in the\nmatter.\n97.02 Certificate that fees paid or waived\nWithout leave of the Court or a certificate from the Registrar that all\nfees required to be paid by a party have been paid or waived:\n(a) an application for leave to discontinue the proceeding by the\nparty must not be accepted for filing; and\n(b) a notice of discontinuance of the proceeding by the party must\nnot be accepted for filing; and\n\nSupreme Court Rules 1987 430\n(c) a judgment or order in relation to the proceeding must not be\nauthenticated.\nNote for rule 97.02\nRegulation 5 of the Supreme Court Regulations 1985 is also relevant to the\npayment of fees.\n\nSupreme Court Rules 1987 431\nrule 81A.16\n1. Has an indictment been signed and served upon the accused?\n2. Are further particulars of the indictment likely to be sought by the\naccused?\n3. Does the accused person presently intend to plead guilty or not guilty\nto a specified count on the indictment?\n4. Is there to be an application to sever the indictment and, if so, what\nparts of the indictment are to be severed?\n5. Is a specified accused likely to make an application for a separate trial?\n6. Is there a possibility of a change of plea?\n7. Has there been a conference between counsel for the Director and\ncounsel for the accused? If not, is such a conference proposed?\n8. Does the prosecution propose to call additional evidence?\n9. Has the prosecution notified the accused or his or her legal\nrepresentative of additional evidence and, if it intends to do so, when is\nit proposed to furnish a proof of evidence?\n10. What is the probable length of trial?\n(a) the prosecution's estimate?\n(b) the accused's estimate?\n11. Is a point of law or of admissibility of evidence likely to be raised before\na jury is empanelled? If yes, what are those matters and what is the\nlikely duration of these matters?\n12. Does the accused or the prosecution intend to raise a special issue?\ne.g. unfitness to be tried, change of venue, mental impairment.\n13. Does the accused intend to raise a special plea? e.g. lack of\njurisdiction, autrefois convict, autrefois acquit.\n14. Does the accused intend to rely on an alibi not yet disclosed in\nconformity with the Criminal Code?\n15. Do the parties anticipate a problem in relation to the availability of\nwitnesses? If yes, give details.\n\nSupreme Court Rules 1987 432\n16. What admissions of fact are sought by the prosecution? Is the accused\nprepared to make any of the admissions sought?\n17. What admissions of fact are sought by the accused? Is the prosecution\nprepared to make any of the admissions sought?\n18. Are there any difficulties relating to photographs or plans and formal\nproof of them?\n19. Is an order sought for the inspection of prosecution exhibits or other\nevidentiary material in the possession of the prosecution as to which a\nquestion may arise in the course of the trial?\n20. Is an order sought for the discovery, inspection, preservation or\ndetention of a document or thing relating to the trial?\n21. Is an order sought for the production before the Court of a document,\ntape recording or thing relating to the trial?\n22. Does a party propose to deliver to the other party a notice to admit in\nrespect of anything not covered by the answers to question No. 16\nor 17?\n23. What arrangements have been made for the accused or his or her legal\nrepresentative to view a video recording or to hear a tape recording in\nthe custody of the prosecution and to be provided with a copy and a\ntranscript of it?\n24. Does a party intend to apply for a view and, if so, where and at what\nstage of the trial?\n25. Have the parties agreed that copies of exhibits or of preliminary\nexhibits are to be supplied to the jury?\n26. Will an interpreter be required during the trial? If so, what language is\nto be interpreted? Has the name of the interpreter and his or her\nqualifications been provided to the other party?\n27. Is it proposed that a witness be declared a vulnerable witness? If so,\nwhat orders are proposed under s 21A of the Evidence Act 1939?\n28. Is it proposed that a witness give evidence by videoconferencing link?\n29. Is it proposed to call as a witness a person who wishes to take an oath\nunder section 10 of the Oaths, Affidavits and Declarations Act 2010? If\nso, what form of oath is required and how is it to be administered?\n30. Is it proposed to call as a witness a person to whom section 26 of the\nOaths, Affidavits and Declarations Act 2010 will apply? If so, has the\nidentity of this witness been disclosed to the other party?\n\nSupreme Court Rules 1987 433\n31. Does the prosecution intend to elect under section 21B(2)(a) of the\nEvidence Act 1939 for evidence in chief of a witness to be pre-recorded\nand given by video tape or other audio-visual means?\n32. Does the prosecution intend to elect under section 21B(2)(b) of the\nEvidence Act 1939 for the whole of the evidence of a witness to be\ngiven by video tape or other audio-visual means at a special hearing of\nthe Court in accordance with section 21B(4)(a) of that Act?\n33. Does the prosecution intend to apply to the Court to admit evidence of\na statement to another person as evidence of the facts in issue under\nsection 26E(1) of the Evidence Act 1939?\n34. Are there any other significant matters that might affect the proper and\nconvenient trial of the issues?\n\nSupreme Court Rules 1987 434\nSchedule 3 Code of Conduct for Interpreters in Legal\nProceedings\n1 Application of code\nThis code of conduct applies to any person (the interpreter) who,\nwhether or not for fee or any other reward, is engaged, appointed,\nvolunteers or otherwise becomes involved in a proceeding or\nproposed proceeding to act as an interpreter by interpreting or sight\ntranslating from any spoken or signed language into English and\nfrom English into the other language for any person.\nNote for clause 1\nThe definitions in Chapter 11 apply to this Schedule. See rule 96.02.\n2 General duty to the Court\n(1) An interpreter has an overriding duty to assist the Court impartially\nand with candour.\n(2) An interpreter's paramount duty is to the Court and not to any party\nto or witness in the proceeding, including the person retaining or\npaying the interpreter.\n(3) An interpreter is not an advocate, agent or assistant for a party or a\nwitness.\n3 Duty to comply with directions\nAn interpreter must comply with any direction of the Court.\n4 Duty of accuracy\n(1) An interpreter must at all times use the interpreter's best judgment\nto be accurate in the interpreter's interpretation or sight translation.\n(2) If an interpreter considers that the interpreter's interpretation or\nsight translation is or could be in any way inaccurate, incomplete or\nrequires qualification or explanation (including, without limitation,\nwhere the other language is ambiguous or otherwise unclear for\nany reason), the interpreter must:\n(a) immediately inform the party who engaged the interpreter and\nprovide the necessary correction, qualification or explanation\nto that party; and\n\nSupreme Court Rules 1987 435\n(b) if the interpreter's evidence is being given or was given in\nCourt – immediately inform the Court and provide the\nnecessary correction, qualification or explanation to the Court.\nNote for clause 4\nThe duty of accuracy is further described in rule 96.07(2).\n","sortOrder":15},{"sectionNumber":"5","sectionType":"section","heading":"Duty of impartiality","content":"5 Duty of impartiality\n(1) An interpreter must at all times act impartially so as to be without\nbias in favour of or against any person including, but not limited to\nthe following:\n(a) the person whose evidence the interpreter is interpreting;\n(b) the party who has engaged or is remunerating the interpreter;\n(c) any other party to, or person involved in, the proceeding or\nproposed proceeding.\n(2) Unless the Court otherwise orders, an interpreter must not accept\nan engagement or appointment to act as an interpreter in relation to\na proceeding or proposed proceeding if the interpreter:\n(a) is or may become a party or a witness; or\n(b) is related to, or has a close personal relationship with:\n(i) a party or a member of the party's family; or\n(ii) a witness or potential witness; or\n(c) has or may have a financial or other interest of any other kind\nin the outcome of the proceeding or proposed proceeding\n(other than an entitlement to a reasonable fee for the services\nprovided by the interpreter in the course of the interpreter's\nengagement or employment); or\n(d) is or may be unable to fulfil the interpreter's duty of accuracy\nor impartiality for any reason including, but not limited to,\npersonal or religious beliefs or cultural and other reasonable\ncircumstances.\n(3) Other than carrying out the interpreter's engagement or\nappointment as an interpreter, an interpreter must not provide any\nother assistance, service or advice (including by way of elaboration)\nto:\n(a) the party, legal representative or other person who has\nengaged the interpreter; or\n\nSupreme Court Rules 1987 436\n(b) any witness or potential witness, in relation to the proceeding\nor proposed proceeding.\n","sortOrder":16},{"sectionNumber":"6","sectionType":"section","heading":"Duty of competence","content":"6 Duty of competence\n(1) An interpreter must only undertake work the interpreter is\ncompetent to perform in the languages for which the interpreter is\nqualified by reason of the interpreter's training, qualifications or\nexperience.\n(2) If it becomes apparent in the course of a matter that expertise\nbeyond the interpreter's competence is required, the interpreter\nmust inform the Court immediately and work to resolve the\nsituation, either by withdrawing from the matter or pursuing another\ncourse of action acceptable to the Court.\n","sortOrder":17},{"sectionNumber":"7","sectionType":"section","heading":"Confidentiality","content":"7 Confidentiality\nSubject to compulsion of law, an interpreter must keep confidential\nany information in any form that the interpreter acquires in the\ncourse of the interpreter's engagement or appointment as an\ninterpreter (including any communication subject to client legal\nprivilege), unless:\n(a) that information is, or comes into, the public domain other than\nby an act of the interpreter in breach of this duty of\nconfidentiality; or\n(b) the beneficiary of the client legal privilege has waived that\nprivilege.\n\nSupreme Court Rules 1987 437\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRefer Volume 1 of Laws of the Northern Territory 1987\nNotified –\nCommenced 1 November 1987 (r 2)\nSupreme Court (Probate and Administration) Rules (SL No. 44, 1987)\nNotified 29 October 1987\nCommenced 1 November 1987 (r 2)\nAmendments of the Supreme Court Rules (SL No. 1, 1988)\nNotified 27 January 1988\nCommenced 1 February 1988 (r 1)\nAmendments of the Supreme Court Rules (SL No. 34, 1988)\nNotified 1 July 1988\nCommenced 1 July 1988\nAmendments of the Supreme Court Rules (SL No. 35, 1988)\nNotified 3 August 1988\nCommenced 3 August 1988\nAmendments of the Supreme Court Rules (SL No. 56, 1988)\nNotified 30 December 1988\nCommenced 1 January 1989 (r 1)\nAmendments of the Supreme Court Rules (SL No. 4, 1990)\nNotified 14 March 1990\nCommenced 14 March 1990\nAmendments of the Supreme Court Rules (SL No. 20, 1990)\nNotified 15 August 1990\nCommenced 1 July 1990 (r 1)\n\nSupreme Court Rules 1987 438\nAmendments of the Supreme Court Rules (SL No. 40, 1990)\nNotified 4 October 1990\nCommenced 1 October 1990 (r 1)\nAmendments of the Supreme Court Rules (SL No. 71, 1991)\nNotified 16 December 1991\nCommenced 16 December 1991\nAmendments of Supreme Court Rules (SL No. 74, 1992)\nNotified 13 January 1993\nCommenced 13 January 1993\nAmendments of the Supreme Court Rules (SL No. 23, 1993)\nNotified 8 September 1993\nCommenced 8 September 1993\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83,\n1993) and Gaz S35, 20 May 1994)\nAmendments of Supreme Court Rules (SL No. 21, 1994)\nNotified 13 July 1994\nCommenced 13 July 1994\nAmendment of Supreme Court Rules (SL No. 27, 1996)\nNotified 1 July 1996\nCommenced 1 July 1996\nBirths, Deaths and Marriages Registration (Consequential Amendments) Act 1996\n(Act No. 27, 1996)\nAssent date 28 June 1996\nCommenced 1 January 1997 (s 2, s 2 Births, Deaths and Marriages\nRegistration Act 1996 (Act No. 26, 1996) and Gaz G49,\n4 December 1996, p 5)\nAmendments of Supreme Court Rules (SL No. 11, 1998)\nNotified 1 June 1998\nCommenced 1 June 1998\nAmendments of Supreme Court Rules (SL No. 21, 2000)\nNotified 2 May 2000\nCommenced 2 May 2000\nAmendments of Supreme Court Rules (SL No. 22, 2000)\nNotified 2 May 2000\nCommenced 2 May 2000\nAmendments of Supreme Court Rules (SL No. 50, 2000)\nNotified 18 October 2000\nCommenced 18 October 2000\nAmendments of Supreme Court Rules (SL No. 52, 2000)\nNotified 8 November 2000\nCommenced 8 November 2000\n\nSupreme Court Rules 1987 439\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nAmendment to the Supreme Court Rules 2001 (SL No. 2, 2001)\nNotified 28 February 2001\nCommenced 28 February 2001\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nAmendment of Supreme Court Rules (SL No. 8, 2002)\nNotified 24 April 2002\nCommenced 24 April 2002\nAmendment of Supreme Court Rules (SL No. 13, 2002)\nNotified 8 May 2002\nCommenced 8 May 2002\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nAmendments of Supreme Court Rules (SL No. 61, 2002)\nNotified 18 December 2002\nCommenced 18 December 2002\nAmendment of Supreme Court Rules (SL No. 13, 2003)\nNotified 26 March 2003\nCommenced 26 March 2003\nAmendment of Supreme Court Rules (SL No. 34, 2003)\nNotified 18 June 2003\nCommenced 18 June 2003\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\nAmendments of the Supreme Court Rules (SL No. 47, 2003)\nNotified 17 September 2003\nCommenced 17 September 2003\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\n\nSupreme Court Rules 1987 440\nAmendments of Supreme Court Rules (SL No. 32, 2004)\nNotified 22 September 2004\nCommenced 22 September 2004\nSupreme Court Amendment (Registration of Foreign Judgments) Rules 2005 (SL No. 14,\n2005)\nNotified 1 June 2005\nCommenced 1 June 2005\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2006) and Gaz G30, 26 July 2006, p 3)\nSupreme Court Amendment (Sexual Offences Evidence) Rules 2005 (SL No. 52, 2005)\nNotified 25 January 2006\nCommenced 25 January 2006\nSupreme Court Amendment (Subpoenas) Rules 2006 (SL No. 28, 2006)\nNotified 2 August 2006\nCommenced 2 August 2006\nEvidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,\n2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nSupreme Court Amendment (Freezing and Search) Rules 2006 (SL No. 50, 2006)\nNotified 10 January 2007\nCommenced 10 January 2007\nSupreme Court Amendment (Subpoenas) Rules (No. 2) 2006 (SL No. 51, 2006)\nNotified 10 January 2007\nCommenced 10 January 2007\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession\nAct 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance\nAct 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7);\nrem: 24 April 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nSupreme Court Amendment (Proceedings Relating to Lawyers) Rules 2007 (SL No. 16,\n2007)\nNotified 25 July 2007\nCommenced 25 July 2007\n\nSupreme Court Rules 1987 441\nSupreme Court Amendment (Leave to Appeal) Rules 2007 (SL No. 35, 2007)\nNotified 28 November 2007\nCommenced 28 November 2007\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nCare and Protection of Chilren Act 2007 (Act No. 37, 2007)\nAssent date 12 December 2007\nCommenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,\np 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2\n(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008 (Gaz\nG47, 26 November 2008, p 6); Ch 4: 9 June 2009 (Gaz S27,\n1 June 2009); Ch 2, pt 2.1, div 6: 18 August 2010 (Gaz S43,\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"August 2010); s 187: 1 July 2011 (Gaz S32, 20 June 2011);","content":"18 August 2010); s 187: 1 July 2011 (Gaz S32, 20 June 2011);\ns 127: nc\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nSupreme Court Amendment Rules 2008 (SL No. 21, 2008)\nNotified 30 July 2008\nCommenced 30 July 2008\nSupreme Court Amendment (Expert Witnesses) Rules 2008 (SL No. 33, 2008)\nNotified 26 November 2008\nCommenced 26 November 2008\nSupreme Court Amendment (Miscellaneous Matters) Rules 2008 (SL No. 37, 2008)\nNotified 17 December 2008\nCommenced 17 December 2008\nSupreme Court Amendment (Costs and Master's Authority) Rules 2009 (SL No. 10, 2009)\nNotified 2 September 2009\nCommenced 2 September 2009\nSupreme Court Amendment (Subpoenas) Rules 2009 (SL No. 11, 2009)\nNotified 27 May 2009\nCommenced 27 May 2009\nSupreme Court Amendment (Service Outside Australia) Rules 2009 (SL No. 42, 2009)\nNotified 1 September 2010\nCommenced 1 November 2010\nSupreme Court Amendment (Authority of Master) Rules 2010 (SL No. 30, 2010)\nNotified 15 December 2010\nCommenced 15 December 2010\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\n\nSupreme Court Rules 1987 442\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nAssent date 31 August 2011\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nSupreme Court Amendment (Subpoena) Rules 2011 (SL No. 61, 2011)\nNotified 1 February 2012\nCommenced 1 February 2012\nSupreme Court Amendment (Mediation and Sentencing) Rules 2012 (SL No. 14, 2012)\nNotified 11 April 2012\nCommenced 11 April 2012\nSupreme Court Amendment (Notice of Appeal) Rules 2012 (SL No. 15, 2012)\nNotified 11 April 2012\nCommenced 11 April 2012\nSupreme Court Amendment (Breach of Bail) Rules 2012 (SL No. 39, 2012)\nNotified 7 November 2012\nCommenced 7 November 2012\nSupreme Court Amendment (Evidence) Rules 2013 (SL No. 7, 2013)\nNotified 8 May 2013\nCommenced 8 May 2013\nSupreme Court Amendment (Interest Rate) Rules 2013 (SL No. 18, 2013)\nNotified 5 June 2013\nCommenced 5 June 2013\nSupreme Court Amendment (Commercial Arbitration) Rules 2013 (SL No. 34, 2013)\nNotified 25 September 2013\nCommenced 25 September 2013\nSupreme Court Amendment (Public Notaries) Rules 2013 (SL No. 37, 2013)\nNotified 6 November 2013\nCommenced 6 November 2013\nSupreme Court Amendment (Waiver and Deferral of Fees) Rules 2013 (SL No. 38, 2013)\nNotified 6 November 2013\nCommenced 6 November 2013\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9,\n2015)\nAssent date 23 April 2015\nCommenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015\n(Gaz S50, 22 May 2015)\n\nSupreme Court Rules 1987 443\nSupreme Court Amendment Rules 2015 (SL No. 39, 2015)\nNotified 23 December 2015\nCommenced 23 December 2015\nSupreme Court Amendment Rules 2016 (SL No. 35, 2016)\nNotified 13 July 2016\nCommenced 13 July 2016\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nSupreme Court Amendment (Costs) Rules 2017 (SL No. 23, 2017)\nNotified 12 July 2017\nCommenced 12 July 2017\nSupreme Court Amendment (Associate Judges) Rules 2017 (SL No. 32, 2017)\nNotified 21 November 2017\nCommenced 22 November 2017 (r 2, s 2 Supreme Court Amendment\n(Associate Judges) Act 2017 (Act No. 18, 2017) and Gaz S84,\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"November 2017, p 1)","content":"21 November 2017, p 1)\nSupreme Court Amendment (Miscellaneous) Rules 2018 (SL No. 6, 2018)\nNotified 14 March 2018\nCommenced 14 March 2018\nSupreme Court Amendment (Appeals) Rules 2022 (SL No. 22, 2022)\nNotified 23 December 2022\nCommenced 23 December 2022\nSupreme Court Amendment (Forms) Rules 2025 (SL No. 2, 2025)\nNotified 3 March 2025\nCommenced 3 March 2025 (r 2)\nSupreme Court Amendment (Interpreters) Rules 2025 (SL No. 3, 2025)\nNotified 30 May 2025\nCommenced 2 June 2025 (r 2)\nSupreme Court Amendment (Civil Procedure) Rules 2025 (SL No. 5, 2025)\nNotified 16 June 2025\nCommenced 23 June 2025 (r 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1.01A, 1.09, 3.07, 11.15,\n17.11, 22.03, 33.13, 42.06, 42.11, 43.01, 47.02, 47.03, 53.01, 53.04, 55A.01,\n55A.02, 63.56, 63.75, 66.11, 69.02, 69.07, 77.01, 77.02, 79.07, 79.07.1,\n81A.01, 81A.02A, 81A.11, 81A.12, 81A.16, 81A.26, 81A.27, 81A.27A,\n81A.27J, 81A.34, 81A.39, 81A.40, 81A.41, 83.01, 84.17, 86.01, 86.05, 86.16,\n86.26, 86.27, 87.01, 88.01, 88.01.1, 88.02, 88.05, 88.05A, 88.05B, 88.05C,\n88.05D, 88.14, 88.23, 88.24, 88.26, 89.02, 89.03, 90.02, 90.03, 91.01, 91.20,\n92.01, 93.01, 93.02 and 95.01 and sch 1 and 2.\n\nSupreme Court Rules 1987 444\n4 LIST OF AMENDMENTS\nod 1 hdg amd No. 5, 2025, r 4\nr 1.01A ins No. 21, 2000, r 2\nr 1.02 amd No. 35, 1988, r 1; No. 22, 2022, r 4\nr 1.06 amd No. 32, 2017, r 58\nr 1.08 amd No. 44, 1987, r 4\nr 1.08A ins No. 27, 1996\nrep No. 21, 2000, r 3\nr 1.09 amd No. 35, 1988, r 2; No. 74, 1992, r 21; No. 23, 1993, r 1; No. 52, 2000,\nr 2; No. 34, 2003, r 2; Act No. 7, 2007, s 16; No. 42, 2009, r 4; No. 32, 2017,\nr 4; No. 2, 2025, r 4\nch 1\nod 1\npt 2A hdg ins No. 52, 2000, r 3\namd No. 32, 2017, r 5\nr 1.09A ins No. 52, 2000, r 3\namd No. 32, 2017, r 6\nr 1.10 amd No. 5, 2025, r 5\nr 1.15 ins No. 35, 1988, r 3\namd Act No. 40, 2010, s 165\nch 1\nod 1A\npt 1 hdg ins No. 5, 2025, r 6\nrr 1A.01 –\n1A.02 ins No. 5, 2025, r 6\npt 2 hdg ins No. 5, 2025, r 6\nrr 1A.03 –\n1A.12 ins No. 5, 2025, r 6\nr 3.04 amd No. 40, 1990, r 2\nr 3.07 sub No. 52, 2000, r 4\nr 4.03 amd No. 35, 1988, r 4\nr 5.03 amd No. 32, 2017, r 58\nr 5.07 amd No. 39, 2015, r 3\nr 5.11 amd No. 35, 1988, r 5\nr 5.12 amd No. 35, 1988, r 6\nr 6.001 ins No. 4, 1990, r 1\namd No. 74, 1992, r 21; No. 23, 1993, r 2; Act No. 17, 2001, s 22\nr 6.04 amd No. 35, 1988, r 7\nr 6.05 sub No. 39, 2015, r 4\nr 6.06 amd No. 35, 1988, r 8; No. 4, 1990, r 2; No. 74, 1992, r 21; No. 23, 1993, r 3;\nAct No. 17, 2001, s 22; No. 34, 2003, r 3; No. 39, 2015, r 5\nr 6.11 amd No. 35, 1988, r 9\nr 6.16 sub No. 35, 1988, r 10\nch 1\nod 7 hdg amd No. 11, 1998, r 18\nch 1\nod 7\npt 1 hdg amd No. 11, 1998, r 18\nr 7.01 amd No. 11, 1998, r 18\nr 7.02 amd No. 74, 1992, r 21; No. 11, 1998, r 18\nrr 7.03 – 7.05 amd No. 11, 1998, r 18\n\nSupreme Court Rules 1987 445\nr 7.06 amd No. 11, 1998, r 18; No. 47, 2003, r 1\nr 7.07 amd No. 11, 1998, r 18\nch 1\nod 7\npt 2 hdg ins No. 42, 2009, r 5\nr 7.08 amd No. 11, 1998, r 18\nch 1\nod 7\npt 2 hdg rep No. 42, 2009, r 5\nr 7.09 sub No. 42, 2009, r 5\nch 1\nod 7A hdg ins No. 42, 2009, r 5\nch 1\npt 1 hdg ins No. 42, 2009, r 5\nrr 7A.01 –\n7A.02 ins No. 42, 2009, r 5\nch 1\npt 2 hdg ins No. 42, 2009, r 5\nrr 7A.03 –\n7A.08 ins No. 42, 2009, r 5\nch 1\npt 3 hdg ins No. 42, 2009, r 5\nrr 7A.09 –\n7A.12 ins No. 42, 2009, r 5\nch 1\npt 4 hdg ins No. 42, 2009, r 5\nrr 7A.13 –\n7A.16 ins No. 42, 2009, r 5\nr 7.10 amd No. 74, 1992, r 21\nr 7.12 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 7.15 amd No. 74, 1992, r 21\nr 8.05 amd No. 35, 1988, r 44\nr 9.11 amd No. 71, 1991, r 8\nr 10.01 amd No. 71, 1991, r 8\nr 11.05 amd No. 4, 1990, r 3\nr 11.07 amd No. 71, 1991, r 1\nr 11.15 amd No. 35, 1988, r 44\nr 12.12 amd No. 32, 2017, r 58\nr 13.01AA ins No. 5, 2025, r 7\nr 13.01 sub No. 35, 1988, r 11\namd No. 5, 2025, r 8\nr 13.09 amd No. 35, 1988, r 44\nr 13.12 amd No. 35, 1988, r 12\nr 15.08 amd No. 35, 1988, r 13\nr 16.02 amd No. 35, 1988, r 44\nr 17.11 amd No. 11, 1998, r 2\nr 20.03 amd No. 6, 2018, r 4\nr 20.04 amd No. 35, 1988, r 14\nr 20.05 amd No. 35, 1988, r 15\nr 21.01 amd No. 35, 1988, r 16\n\nSupreme Court Rules 1987 446\nr 21.03 amd No. 35, 1988, r 17; No. 71, 1991, r 8; No. 74, 1992, r 1; No. 32, 2017,\nr 58\nch 1\nod 22 hdg amd No. 6, 2018, r 5\nr 22.01 sub No. 6, 2018, r 6\nr 22.02 rep No. 6, 2018, r 6\nr 22.03 amd No. 35, 1988, r 18; No. 7, 2013, r 3; No. 6, 2018, r 7\nr 22.04 amd No. 6, 2018, r 8\nr 22.05 amd No. 6, 2018, r 9\nr 22.06 amd No. 6, 2018, r 10\nr 22.08 rep No. 6, 2018, r 11\nr 22.11 rep No. 6, 2018, r 11\nr 22.12 amd No. 35, 1988, r 19\nrep No. 6, 2018, r 11\nrr 22.13 –\n22.14 rep No. 6, 2018, r 11\nr 22.15 amd No. 6, 2018, r 12\nr 23.01 amd No. 6, 2018, r 13\nr 23.03 rep No. 6, 2018, r 14\nr 23.04 amd No. 6, 2018, r 15\nr 24.01 sub No. 11, 1998, r 3\nr 24.05 sub No. 71, 1991, r 2\nr 25.01A ins No. 38, 2013, r 3\nr 25.02 amd No. 35, 1988, r 44\nch 1\nod 26 hdg sub No. 6, 2018, r 16\nch 1\npt 1 hdg rep No. 6, 2018, r 16\nr 26.01 sub No. 6, 2018, r 16\nch 1\npt 2 hdg rep No. 6, 2018, r 16\nr 26.02 amd No. 35, 1988, r 20\nsub No. 6, 2018, r 16\nr 26.03 sub No. 35, 1988, r 21; No. 6, 2018, r 16\nr 26.03.1 ins No. 35, 1988, r 21\nrep No. 6, 2018, r 16\nrr 26.04 –\n26.07 sub No. 6, 2018, r 16\nr 26.08 amd No. 74, 1992, r 2\nsub No. 6, 2018, r 16\nr 26.09 sub No. 6, 2018, r 16\nr 26.10 rep No. 6, 2018, r 16\nch 1\npt 3 hdg rep No. 6, 2018, r 16\nr 26.11 rep No. 6, 2018, r 16\nch 1\npt 4 hdg rep No. 6, 2018, r 16\nrr 26.12 –\n26.22 rep No. 6, 2018, r 16\nr 26.23 amd No. 4, 1990, r 4\nrep No. 6, 2018, r 16\nrr 26.24 –\n26.26 rep No. 6, 2018, r 16\nr 27.02 amd No. 35, 1988, r 22; No. 4, 1990, r 5\n\nSupreme Court Rules 1987 447\nr 27.03 amd No. 34, 2003, r 4\nr 27.05 amd No. 4, 1990, r 6\nr 28.01 amd No. 74, 1992, r 21\nr 28.03 amd No. 23, 1993, r 7\nr 28.04 amd No. 74, 1992, r 21; No. 32, 2017, r 58\nr 28.05 amd No. 74, 1992, r 21\nr 29.02 sub No. 52, 2000, r 5\nr 29.04 amd No. 35, 1988, r 44\nr 29.08 amd No. 35, 1988, r 23; No. 74, 1992, r 3\nr 29.09 amd No. 4, 1990, r 7; No. 6, 2018, r 17\nr 29.14 amd No. 35, 1988, r 24\nr 29.16 ins No. 61, 2002, r 2\nr 30.02 sub No. 11, 1998, r 4\nr 30.07 amd No. 23, 1993, r 4\nch 1\nod 31 hdg sub No. 52, 2000, r 6\nrr 31.01 –\n31.7 sub No. 52, 2000, r 6\nr 31.08 sub No. 52, 2000, r 6\namd Act No. 40, 2010, s 166\nrr 31.09 –\n31.10 sub No. 52, 2000, r 6\nr 31.11 sub No. 52, 2000, r 6\namd No. 37, 2008, r 4; No. 32, 2017, r 7\nr 31.12 sub No. 52, 2000, r 6\nrr 31.13 –\n31.14 rep No. 52, 2000, r 6\nr 32.03 amd No. 32, 2017, r 58\nr 32.08 amd No. 30, 2010, r 3\nr 33.03 amd No. 61, 2002, r 3\nr 33.06 sub No. 61, 2002, r 4\nr 33.07 amd No. 61, 2002, r 5\nr 33.08 amd No. 74, 1992, r 4; No. 11, 1998, r 5; No. 32, 2017, r 58\nr 33.10 sub No. 35, 1988, r 25\nr 33.11 sub No. 74, 1992, r 5\nr 33.12 ins No. 74, 1992, r 5\nr 33.13 ins No. 61, 2002, r 6\nr 34.02 rep No. 7, 2013, r 4\nr 35.06 rep No. 37, 2008, r 4\nr 36.01 amd No. 35, 1988, r 44\nr 36.05 amd No. 74, 1992, r 21\nch 1\nod 37A hdg ins No. 50, 2006, r 3\nrr 37A.01 –\n37A.08 ins No. 50, 2006, r 3\nch 1\nod 37B hdg ins No. 50, 2006, r 3\nrr 37B.01 –\n37B.07 ins No. 50, 2006, r 3\nr 39.01 amd Act No. 38, 2002, s 7\nr 39.05 amd Act No. 38, 2002, s 7\nr 40.14 ins No. 21, 2008, r 3\nr 41.01 amd No. 32, 2017, r 58\nr 41.05 amd No. 32, 2017, r 8\nr 41.06 amd No. 32, 2017, r 9\nr 41.08 amd No. 74, 1992, r 21; No. 34, 2003, r 5; No. 32, 2017, r 10\nr 41.10 amd No. 35, 1988, r 44; Act No. 40, 2010, s 167; No. 32, 2017, r 11\n\nSupreme Court Rules 1987 448\nr 41.13 amd No. 74, 1992, r 21; No. 32, 2017, r 58\nr 41.15 amd No. 74, 1992, r 21\nr 41.16 amd No. 74, 1992, r 21; No. 23, 1993, r 7; No. 11, 1998, r 18\nr 42.01 sub No. 28, 2006, r 3\namd Act No. 32, 2006, s 21\nr 42.02 sub No. 28, 2006, r 3\nr 42.03 sub No. 28, 2006, r 3\namd No. 51, 2006, r 3; No. 61, 2011, r 3\nr 42.03A ins No. 11, 2009, r 3\nr 42.04 sub No. 28, 2006, r 3\nr 42.05 sub No. 28, 2006, r 3\namd No. 61, 2011, r 4\nr 42.06 amd No. 74, 1992, r 21; No. 11, 1998, r 18\nsub No. 28, 2006, r 3\namd Act No. 32, 2006, s 22; No. 11, 2009, r 4; No. 61, 2011, r 5; No. 7, 2013,\nr 5\nr 42.07 sub No. 28, 2006, r 3\namd No. 61, 2011, r 6\nr 42.08 sub No. 28, 2006, r 3\nr 42.09 amd No. 74, 1992, r 21\nsub No. 28, 2006, r 3\nr 42.10 sub No. 28, 2006, r 3\namd No. 51, 2006, r 4; No. 61, 2011, r 7\nr 42.11 ins No. 28, 2006, r 3\namd Act No. 32, 2006, s 23; No. 7, 2013, r 6\nrr 42.12 –\n42.13 ins No. 28, 2006, r 3\nr 43.01 amd Act No. 40, 2010, s 168\nr 43.02 amd Act No. 40, 2010, s 169\nr 43.04 amd Act No. 40, 2010, s 170\nr 43.05 amd Act No. 40, 2010, s 171\nr 43.06 amd No. 11, 1998, r 6; Act No. 40, 2010, s 172\nr 43.07 amd Act No. 40, 2010, s 173\nr 43.10 amd No. 11, 1998, r 7; Act No. 40, 2010, s 174\nr 44.01 amd No. 35, 1988, r 44; No. 74, 1992, r 6\nr 44.02 amd No. 74, 1992, r 7; No. 33, 2008, r 3\nr 44.03 amd No. 74, 1992, r 8; No. 21, 1994, r 1; No. 32, 2017, r 12\nr 44.05 ins No. 33, 2008, r 4\namd Act No. 40, 2010, s 175\nr 45.04 amd No. 32, 2017, r 58\nr 45.05 amd No. 35, 1988, r 44; No. 74, 1992, r 9; No. 32, 2017, r 13\nr 46.04 amd No. 74, 1992, r 21; No. 32, 2017, r 58\nr 46.05 amd No. 35, 1988, r 26\nr 46.05.1 ins No. 35, 1988, r 27\namd No. 74, 1992, r 21; No. 32, 2017, r 14\nr 46.06 amd No. 74, 1992, r 21; No. 32, 2017, r 15\nr 46.08 amd No. 35, 1988, r 28\nch 1\nod 48 hdg sub No. 20, 1990, r 2; No. 21, 1994, r 2; No. 52, 2000, r 7\nch 1\npt 1 hdg ins No. 20, 1990, r 2\namd No. 5, 2025, r 9\nr 48.01 amd No. 35, 1988, r 44; No. 74, 1992, r 21\namd No. 32, 2017, r 16; No. 5, 2025, r 10\n\nSupreme Court Rules 1987 449\nr 48.02 sub No. 21, 1994, r 2; No. 52, 2000, r 7\nr 48.03 sub No. 21, 1994, r 2; No. 52, 2000, r 7\nch 1\npt 2 hdg ins No. 20, 1990, r 3\nr 48.04 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 17\nr 48.05 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 18\nr 48.06 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 21, 2008, r 4; No. 32, 2017, r 19; No. 5, 2025, r 11\nr 48.07 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 58; No. 5, 2025, r 12\nr 48.08 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 22, 2022, r 10; No. 5, 2025, r 13\nr 48.09 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 20\nr 48.10 sub No. 21, 1994, r 2; No. 52, 2000, r 7\nr 48.11 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 21\nr 48.11A ins No. 5, 2025, r 14\nr 48.12 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 22\nr 48.13 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 14, 2012, r 3; No. 32, 2017, r 23\nr 48.14 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 5, 2025, r 15\nch 1\npt 3 hdg ins No. 21, 1994, r 2\nsub No. 52, 2000, r 7\nr 48.15 sub No. 21, 1994, r 2; No. 52, 2000, r 7\nr 48.16 amd No. 74, 1992, rr 10 and 21\nr 48.17 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 32, 2017, r 24\nr 48.18 sub No. 21, 1994, r 2; No. 52, 2000, r 7\namd No. 37, 2008, r 4; No. 32, 2017, r 58\nr 48.19 ins No. 20, 1990, r 3\nr 48.20 ins No. 20, 1990, r 3\namd No. 74, 1992, r 21\nsub No. 21, 1994, r 2; No. 52, 2000, r 7; No. 5, 2025, r 16\nr 48.21 ins No. 20, 1990, r 3\nr 48.21A ins No. 5, 2025, r 17\nr 48.22 ins No. 20, 1990, r 3\namd No. 74, 1992, r 11\nch 1\npt 4 hdg ins No. 21, 1994, r 2\nsub No. 52, 2000, r 7\namd No. 5, 2025, r 18\n\nSupreme Court Rules 1987 450\nr 48.23 ins No. 20, 1990, r 3\namd Act No. 40, 2010, s 176; No. 32, 2017, r 25; No. 5, 2025, r 19\nr 48.24 ins No. 20, 1990, r 3\namd Act No. 40, 2010, s 177; No. 32, 2017, r 26; No. 5, 2025, r 20\nch 1\npt 5 hdg ins No. 52, 2000, r 7\nr 48.25 ins No. 20, 1990, r 3\namd No. 32, 2017, r 27\nr 48.26 ins No. 20, 1990, r 3\nr 48.27 ins No. 20, 1990, r 3\namd No. 32, 2017, r 28\nr 48.28 ins No. 20, 1990, r 3\nrr 48.29 –\n48.32 ins No. 20, 1990, r 3\nr 48.33 ins No. 20, 1990, r 3\namd No. 74, 1992, rr 12 and 21\nr 48.34 ins No. 74, 1992, r 13\nrr 48.35 –\n48.38 ins No. 21, 1994, r 2\nr 49.01 amd No. 74, 1992, r 21\nr 49.02 amd No. 74, 1992, r 14; No. 32, 2017, r 58\nr 50.01 amd No. 32, 2017, r 29\nr 50.02 amd No. 32, 2017, r 30\nr 50.04 rep No. 11, 1998, r 8\nr 50.05 amd No. 32, 2017, r 31\nr 51.01 amd No. 74, 1992, r 15; No. 32, 2017, r 58\nr 51.03 amd No. 35, 1988, r 44\nr 51.04 amd No. 32, 2017, r 32\nr 52.02 amd No. 35, 1988, r 44\nr 53.01 sub No. 35, 1988, r 29\namd No. 37, 2008, r 4\nr 53.04 amd No. 37, 2008, r 4\nr 53.07 sub No. 30, 2010, r 4\nr 53.08 amd No. 30, 2010, r 5\nr 54.05 renum No. 35, 1988, r 44\nch 1\nod 55A hdg ins No. 37, 2013, r 3\nrr 55A.01 –\n55A.02 ins No. 37, 2013, r 3\nr 57.03 amd No. 35, 1988, r 44\nr 57.06 amd No. 35, 1988, r 44\nod 58 hdg rep No. 21, 1994, r 3\nr 58.01 amd No. 74, 1992, r 21\n\nSupreme Court Rules 1987 451\nr 58.02 amd No. 71, 1991, r 8\nrr 58.03 –\n58.04 amd No. 74, 1992, r 21\nrr 58.05 –\n58.11 rep No. 21, 1994, r 3\nr 59.02 amd No. 61, 2002, r 7; No. 18, 2013, r 3\nr 59.04 amd No. 32, 2017, r 33\nr 59.06 ins No. 61, 2002, r 8\nr 60.01 amd No. 35, 1988, r 30\nr 60.02 amd No. 74, 1992, r 21; No. 32, 2017, r 58\nr 60.03 amd No. 74, 1992, r 21; No. 32, 2017, r 34\nr 60.04 amd No. 32, 2017, r 35\nr 60.05 amd Act No. 3, 2001, s 9\nrr 60.06 –\n60.07 amd No. 74, 1992, r 21\nr 62.02 amd No. 35, 1988, r 44; No. 23, 1993, r 5; Act No. 17, 2001, s 22\nch 1\nod 63 hdg ins No. 1, 1988, r 4\nch 1\npt 1 hdg ins No. 1, 1988, r 4\nr 63.01 ins No. 1, 1988, r 4\namd No. 71, 1991, r 8; No. 23, 2017, r 3; amd No. 22, 2022, r 10\nr 63.02 ins No. 1, 1988, r 4\namd No. 35, 1988, r 31; No. 23, 2017, r 4\nrr 63.03 –\n63.11 ins No. 1, 1988, r 4\nr 63.12 ins No. 1, 1988, r 4\namd No. 71, 1991, r 3\nr 63.13 ins No. 1, 1988, r 4\nch 1\npt 2 hdg ins No. 1, 1988, r 4\nrr 63.14 –\n63.17 ins No. 1, 1988, r 4\nr 63.18 ins No. 1, 1988, r 4\namd No. 23, 2017, r 5\nrr 63.19 –\n63.20 ins No. 1, 1988, r 4\nr 63.21 ins No. 1, 1988, r 4\namd No. 32, 2017, r 36\nrr 63.22 –\n63.23 ins No. 1, 1988, r 4\nch 1\npt 3 hdg ins No. 1, 1988, r 4\nrr 63.24 –\n63.30 ins No. 1, 1988, r 4\nr 63.31 ins No. 1, 1988, r 4\namd No. 71, 1991, r 8\nr 63.32 ins No. 1, 1988, r 4\nch 1\npt 4 hdg ins No. 1, 1988, r 4\n\nSupreme Court Rules 1987 452\nr 63.33 ins No. 1, 1988, r 4\nr 63.34 ins No. 1, 1988, r 4\namd No. 23, 2017, r 6\nch 1\npt 5 hdg ins No. 1, 1988, r 4\nr 63.35 ins No. 1, 1988, r 4\namd No. 22, 2022, r 5\nrr 63.36 –\n63.39 ins No. 1, 1988, r 4\nr 63.40 ins No. 1, 1988, r 4\namd No. 4, 1990, r 8; No. 74, 1992, r 21; No. 23, 1993, r 6; No. 21, 2008, r 5;\nNo. 23, 2017, r 7\nrr 63.41 –\n63.49 ins No. 1, 1988, r 4\nr 63.50 ins No. 1, 1988, r 4\namd No. 39, 2012, r 5\nr 63.51 ins No. 1, 1988, r 4\nr 63.52 ins No. 1, 1988, r 4\nrr 63.53 –\n63.54 ins No. 1, 1988, r 4\nr 63.55 ins No. 1, 1988, r 4\namd No. 35, 1988, r 32; No. 23, 2017, r 8\nch 1\npt 6 hdg ins No. 1, 1988, r 4\nr 63.56 amd Act No. 7, 2007, s 16\nrr 63.57 –\n63.58 ins No. 1, 1988, r 4\nr 63.59 – ins No. 1, 1988, r 4\nr 63.60 ins No. 1, 1988, r 4\nr 63.60.1 ins No. 4, 1990, r 9\namd No. 37, 2008, r 4\nrr 63.61 –\n63.63 ins No. 1, 1988, r 4\nr 63.63A ins No. 23, 2017, r 9\nr 63.64 ins No. 1, 1988, r 4\nch 1\npt 7 hdg ins No. 1, 1988, r 4\nr 63.65 ins No. 1, 1988, r 4\nr 63.66 ins No. 1, 1988, r 4\namd No. 23, 2017, r 10\nrr 63.67 – 71 ins No. 1, 1988, r 4\nr 63.72 ins No. 1, 1988, r 4\namd No. 11, 1998, r 9; No. 23, 2017, r 11\nr 63.72A ins No. 23, 2017, r 12\nr 63.73 ins No. 1, 1988, r 4\namd No. 42, 2009, r 8; No. 32, 2017, r 58\nr 63.73A ins No. 23, 2017, r 13\nr 63.74 ins No. 1, 1988, r 4\namd No. 35, 1988, r 44; No. 11, 1998, r 10; No. 23, 2017, r 14\nr 63.75 ins No. 10, 2009, r 3\namd No. 32, 2017, r 37; amd No. 22, 2022, r 10\n\nSupreme Court Rules 1987 453\nch 1\napp\nod 63 hdg ins No. 1, 1988, r 4\nch 1\nod 63 app amd No. 35, 1988, r 33; No. 4, 1990, r 10; No. 40, 1990, r 3; No. 34, 2003,\nr 6; No. 21, 2008, r 6; No. 42, 2009, r 8; No. 23, 2017, r 15; No. 5, 2025, r 21\nr 63.76 ins No. 6, 2018, r 18\nr 64.01 amd Act No. 37, 2010, s 14; No. 35, 2016, r 2\nr 64.12 amd No. 74, 1992, r 21\nr 65.01 sub No. 16, 2007, r 3\nr 65.02 amd No. 16, 2007, r 4\nr 65.04 amd No. 74, 1992, r 21; No. 16, 2007, r 5; No. 32, 2017, r 38\nr 66.01 amd No. 35, 1988, r 34; No. 74, 1992, r 21; No. 32, 2017, r 39\nr 66.02 amd No. 74, 1992, r 21; No. 32, 2017, r 40\nr 66.10 amd No. 35, 1988, r 35\nrr 67.02\n67.03 amd No. 32, 2017, r 58\nr 67.04 amd No. 35, 1988, r 36\nr 67.05 amd No. 35, 1988, r 37; No. 32, 2017, r 41\nr 68.02 amd No. 39, 2012, r 5\nr 68.04 amd No. 74, 1992, r 21; Act No. 40, 2010, s 178\nr 68.08 amd No. 35, 1988, r 38\nr 69.07 amd Act No. 45, 2000, s 13\nr 71.01 amd No. 37, 2008, r 4\nr 71.03 amd Act No. 38, 2002, s 7\nr 72.04 amd Act No. 1, 2004, s 63\nr 72.11 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 72.14 amd No. 74, 1992, r 21\nr 73.01 amd Act No. 3, 2001, s 9; No. 37, 2008, r 3\nr 73.11 amd No. 74, 1992, r 21; No. 32, 2017, r 58\nr 75.07 amd No. 74, 1992, r 21; No. 11, 1998, r 18\nr 75.08 sub No. 35, 1988, r 39\nch 1\nod 77 hdg amd No. 32, 2017, r 42\nr 77.01 amd No. 4, 1990, r 11; No. 71, 1991, r 4; No. 74, 1992, r 16; Act No. 27,\n1996, s 7(2); No. 11, 1998, r 11; No. 50, 2000, r 2; Act No. 38, 2002, s 7;\nNo. 16, 2007, r 6; No. 35, 2007, r 3; No. 10, 2009, r 4; No. 30, 2010, r 6;\nNo. 7, 2013, r 7; No. 32, 2017, r 58\nr 77.02 amd No. 35, 1988, r 44; No. 74, 1992, r 17; No. 50, 2000, r 3; No. 61, 2002,\nr 9; No. 35, 2007, r 4; No. 10, 2009, r 5; No. 30, 2010, r 7; No. 32, 2017, r 43\nr 77.03 amd No. 37, 2008, r 4; No. 32, 2017, r 44\nr 77.04 amd No. 40, 1990, r 4; No. 30, 2010, r 8; No. 32, 2017, r 45; amd No. 22,\n2022, r 10\nr 77.05 amd No. 74, 1992, r 18\nsub No. 50, 2000, r 4\nrep No. 35, 2007, r 5\nr 77.06 rep No. 74, 1992, r 19\nr 78.01 amd No. 71, 1991, r 8\nr 78.05 amd No. 32, 2017, r 46\nr 78.06 amd No. 32, 2017, r 47\nr 78.07 amd No. 35, 1988, r 44; No. 50, 2000, r 5\nrep No. 37, 2008, r 4\nr 79.02 amd Act No. 38, 2002, s 7; No. 23, 2017, r 16; No. 32, 2017, r 58\nr 79.03 amd No. 32, 2017, r 58\nr 79.05 amd No. 32, 2017, r 48\nr 79.06 amd No. 37, 2008, r 4; No. 32, 2017, r 49\nr 79.07 amd No. 32, 2017, r 58\n\nSupreme Court Rules 1987 454\nr 79.07.1 ins No. 40, 1990, r 5\namd No. 11, 1998, r 12; Act No. 4, 2007, s 7; No. 32, 2017, r 58\nr 79.08 amd No. 35, 1988, r 44\nr 79.09 rep No. 6, 2018, r 19\nr 80.01 sub No. 42, 2009, r 6\nr 80.02 amd No. 74, 1992, r 21\nr 80.03 amd No. 35, 1988, r 44; No. 74, 1992, r 21\nr 80.05 amd No. 74, 1992, r 21\nr 81.03 amd No. 35, 1988, r 44; No. 32, 2017, r 58\nrr 81.05 –\n81.06 amd No. 74, 1992, r 21\nch 1A hdg ins No. 21, 2000, r 4\nod 81A hdg ins No. 21, 2000, r 4\npt 1 hdg ins No. 21, 2000, r 4\nr 81A.01 ins No. 21, 2000, r 4\namd No. 35, 2016, r 2; No. 32, 2017, r 50; amd No. 22, 2022, r 10; No. 2,\n2025, r 5\nr 81A.02 ins No. 21, 2000, r 4\namd No. 22, 2022, r 6; No. 2, 2025, r 6\nr 81A.02A ins No. 30, 2010, r 9\namd No. 32, 2017, r 51\nrr 81A.03 –\n81A.05 ins No. 21, 2000, r 4\npt 2 hdg ins No. 21, 2000, r 4\nrr 81A.06 –\n81A.10 ins No. 21, 2000, r 4\npt 3 hdg ins No. 21, 2000, r 4\nr 81A.11 ins No. 21, 2000, r 4\namd Act No. 6, 2008, s 4\npt 3A hdg ins No. 39, 2012, r 3\nr 81A.12 ins No. 21, 2000, r 4\nins No. 39, 2012, r 3\nr 81A.13 ins No. 21, 2000, r 4\npt 4 hdg ins No. 21, 2000, r 4\nr 81A.14 ins No. 21, 2000, r 4\nr 81A.15 ins No. 21, 2000, r 4\nr 81A.16 ins No. 21, 2000, r 4\namd No. 14, 2012, r 5; No. 35, 2016, r 2\nr 81A.17 ins No. 21, 2000, r 4\nr 81A.18 ins No. 21, 2000, r 4\nr 81A.19 ins No. 21, 2000, r 4\n\nSupreme Court Rules 1987 455\npt 5 hdg ins No. 21, 2000, r 4\nrr 81A.20 –\n81A.24 ins No. 21, 2000, r 4\npt 6 hdg ins No. 21, 2000, r 4\nr 81A.25 ins No. 21, 2000, r 4\nr 81A.26 ins No. 21, 2000, r 4\namd No. 14, 2012, r 5; No. 7, 2013, r 8\nr 81A.27 ins No. 21, 2000, r 4\npt 6A hdg ins No. 52, 2005, r 3\nr 81A.27A ins No. 52, 2005, r 3\nrr 81A.27B –\n81A.27J ins No. 52, 2005, r 3\npt 7 hdg ins No. 21, 2000, r 4\nrr 81A.28 –\n81A.30 ins No. 21, 2000, r 4\npt 8 hdg ins No. 21, 2000, r 4\nr 81A.31 ins No. 21, 2000, r 4\nr 81A.32 ins No. 21, 2000, r 4\nsub No. 21, 2008, r 7\nr 81A.33 ins No. 21, 2000, r 4\nr 81A.34 ins No. 21, 2000, r 4\namd No. 7, 2013, r 9\nrr 81A.35 –\n81A.38 ins No. 21, 2000, r 4\npt 8A hdg ins No. 14, 2012, r 4\nrr 81A.38A –\n81A.38B ins No. 14, 2012, r 4\npt 9 hdg ins No. 21, 2000, r 4\nr 81A.39 ins No. 21, 2000, r 4\namd Act No. 5, 2007, s 37\npt 10 hdg ins No. 21, 2000, r 4\nr 81A.40 ins No. 21, 2000, r 4\nr 81A.41 ins No. 21, 2000, r 4\namd Act No. 33, 2005, s 5; Act No. 6, 2008, s 4\nch 2 hdg sub No. 22, 2022, r 7\nod 82 hdg sub No. 22, 2022, r 7\npt 1 hdg sub No. 22, 2022, r 7\nr 82.01 amd No. 71, 1991, r 8; No. 74, 1992, r 20; No. 32, 2017, r 52\nsub No. 22, 2022, r 7\n\nSupreme Court Rules 1987 456\nrr 82.02–\n82.03 sub No. 22, 2022, r 7\npt 2 hdg sub No. 22, 2022, r 7\nr 82.04 amd No. 35, 1988, r 40\nsub No. 22, 2022, r 7\nrr 82.05–\n82.13 sub No. 22, 2022, r 7\npt 3 hdg sub No. 22, 2022, r 7\nrr 82.14–\n82.20 sub No. 22, 2022, r 7\npt 4 hdg sub No. 22, 2022, r 7\nrr 82.21–\n82.25 sub No. 22, 2022, r 7\npt 5 hdg sub No. 22, 2022, r 7\nrr 82.26–\n82.30 sub No. 22, 2022, r 7\nr 83.01 amd No. 21, 1994, r 4; Act No. 33, 2005, s 5; Act No. 37, 2007, s 344; Act\nNo. 37, 2010, s 14; No. 35, 2016, r 2\nr 83.04 sub No. 50, 2000, r 6\nr 83.05 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 83.13 amd No. 11, 1998, r 18; No. 32, 2017, r 58\nrr 83.17 –\n83.18 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 83.23 amd No. 50, 2000, r 7\nr 84.06 amd No. 71, 1991, r 8; No. 74, 1992, r 21\nrr 84.08 –\n84.11 amd No. 74, 1992, r 21\nr 84.13 amd No. 74, 1992, r 21\nr 84.15 amd No. 38, 2013, r 4\nr 84.17 sub No. 32, 2004, r 1; No. 35, 2007, r 6\nr 84.18 amd No. 32, 2004, r 2\nr 84.19 amd No. 32, 2004, r 3\nr 84.21 rep No. 32, 2004, r 4\nr 84.23 amd No. 74, 1992, r 21\nr 84.24 amd No. 74, 1992, r 21; No. 32, 2017, r 53\nr 84.26 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 85.01 amd No. 61, 2002, r 10\nch 2\nod 85\npt 2 hdg sub No. 35, 2007, r 7\n\nSupreme Court Rules 1987 457\nr 85.02 amd No. 61, 2002, r 11\nr 85.03 amd No. 61, 2002, r 12\nr 85.04 amd No. 35, 1988, r 44\nrr 85.05 –\n85.06 sub No. 35, 2007, r 7\nr 85.07 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 85.07A ins No. 35, 2007, r 7\nr 85.12 amd No. 61, 2002, r 13\nrr 85.14 –\n85.15 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 85.17 amd No. 74, 1992, r 21; No. 23, 1993, r 7\nr 86.01 amd No. 22, 2000, r 2\nr 86.01.1 ins No. 71, 1991, r 5\nrep No. 37, 2008, r 4\nr 86.03 amd Act No. 44, 2003, s 6\nrr 86.06 –\n86.07 rep No. 21, 2000, r 5\nr 86.09 sub No. 21, 2000, r 6\nrep No. 21, 2008, r 8\nrr 86.09A –\n86.09B ins No. 21, 2000, r 6\nch 2\nod 86\npt 3 hdg sub No. 22, 2000, r 3\nrr 86.10 –\n86.14 sub No. 22, 2000, r 3\nrr 86.14A –\n86.14E ins No. 22, 2000, r 3\nr 86.15 amd No. 15, 2012, r 3\nr 86.19 rep No. 22, 2000, r 3\nr 86.21 amd No. 35, 2016, r 2\nr 86.21A ins No. 21, 2000, r 7\nr 86.21B ins No. 21, 2000, r 7\namd No. 22, 2000, r 5\n\nSupreme Court Rules 1987 458\nr 86.23 amd No. 22, 2000, r 6\nr 86.24 rep No. 21, 2008, r 8\nr 86.27 amd Act No. 24, 2011, s 42\nr 86.30 amd No. 35, 1988, r 41\nr 87.01 amd No. 74, 1992, r 21; Act No. 30, 2007, s 59; Act No. 9, 2015, s 31; No. 35,\n2016, r 2\nr 87.02 amd No. 74, 1992, r 21; No. 35, 2016, r 2\nr 87.03 amd No. 35, 1988, r 44; No. 74, 1992, r 21\nr 87.04 amd No. 4, 1990, r 12; No. 74, 1992, r 21\nr 87.09A ins No. 11, 1998, r 13\nch 3 hdg ins No. 44, 1987, r 4\nod 88 hdg ins No. 37, 2013, r 4\nr 88.01.1 ins No. 4, 1990, r 13\namd No. 8, 2002, r 2\nr 88.02 amd No. 8, 2002, r 3\nr 88.04 amd No. 71, 1991, r 8\nr 88.05 amd No. 4, 1990, r 14; No. 8, 2002, r 4\nod 88\nch 3\npt 2A hdg ins No. 8, 2002, r 5\nrr 88.05A –\n88.05D ins No. 8, 2002, r 5\nr 88.07 amd No. 71, 1991, r 8\nr 88.23 amd No. 11, 1998, r 14; No. 8, 2002, r 6; Act No. 40, 2010, s 179\nr 88.24 amd No. 11, 1998, r 15; No. 8, 2002, r 7; Act No. 1, 2004, s 63; Act No. 40,\n2010, s 180\nr 88.26 amd No. 4, 1990, r 15; No. 8, 2002, r 8\nr 88.32 amd Act No. 1, 2004, s 63\nr 88.33 amd No. 35, 1988, r 42; No. 71, 1991, r 8\nr 88.56 amd No. 35, 1988, r 44; Act No. 13, 2016, s 35\nr 88.59 amd No. 37, 2008, r 4; Act No. 13, 2016, s 35\nr 88.64 amd No. 71, 1991, r 8\nrr 88.72 –\n88.73 rep No. 11, 1998, r 16\nr 88.77 amd No. 71, 1991, r 8\nr 88.78 amd No. 4, 1990, r 16; No. 11, 1998, r 18\nr 88.84 amd No. 37, 2008, r 4\nr 88.86 amd No. 37, 2008, r 4\nr 88.90 amd No. 4, 1990, r 17\nch 4 hdg ins No. 34, 1988, r 2\nch 4\nod 89 hdg ins No. 34, 1988, r 2\nrr 89.01 –\n89.06 ins No. 34, 1988, r 2\nr 89.07 ins No. 34, 1988, r 2\namd No. 42, 2009, r 8\nr 89.08 ins No. 34, 1988, r 2\namd No. 74, 1992, r 21\nrr 89.09 –\n89.11 ins No. 34, 1988, r 2\n\nSupreme Court Rules 1987 459\nch 5 hdg ins No. 56, 1988, r 2\nch 5\nod 90 hdg ins No. 56, 1988, r 2\nr 90.01 ins No. 56, 1988, r 2\nr 90.02 ins No. 56, 1988, r 2\namd No. 32, 2017, r 54\nr 90.03 ins No. 56, 1988, r 2\nr 90.04 ins No. 56, 1988, r 2\namd No. 11, 1998, r 17; Act No. 38, 2002, s 7\nch 6 hdg ins No. 71, 1991, r 6\nch 6\nod 91 hdg ins No. 71, 1991, r 6\nch 6\npt 1 hdg ins No. 34, 2013, r 3\nrr 91.01 –\n91.03 ins No. 71, 1991, r 6\nr 91.04 ins No. 71, 1991, r 6\namd No. 32, 2017, r 55\nrr 91.05 –\n91.10 ins No. 71, 1991, r 6\nch 6\npt 2 hdg ins No. 34, 2013, r 3\nrr 91.11 –\n91.14 ins No. 71, 1991, r 6\nr 91.15 ins No. 71, 1991, r 6\namd Act No. 3, 2001, s 9\nrr 91.16 –\n91.17 ins No. 71, 1991, r 6\nrr 91.18–\n91.19 ins No. 34, 2013, r 3\nch 6\npt 3 hdg ins No. 34, 2013, r 3\nr 91.20 ins No. 34, 2013, r 3\nch 7 hdg ins No. 71, 1991, r 6\nch 7\nod 92 hdg ins No. 71, 1991, r 6\nr 92.01 ins No. 47, 2003, r 2\nrr 92.02 –\n92.08 ins No. 71, 1991, r 6\nr 92.09 ins No. 47, 2003, r 2\nrr 92.10 –\n92.15 ins No. 47, 2003, r 2\nch 8 hdg ins No. 13, 2002, r 3\n\nSupreme Court Rules 1987 460\nr 93.01 ins No. 13, 2002, r 3\nr 93.02 ins No. 13, 2002, r 3\namd No. 13, 2003; Act No. 24, 2011, s 42\nr 93.03 ins No. 13, 2002, r 3\nch 9 hdg ins No. 14, 2005, r 3\nrr 94.01 –\n94.11 ins No. 14, 2005, r 3\nr 94.12 ins No. 14, 2005, r 3\namd No. 32, 2017, r 56\nch 10 hdg ins No. 16, 2007, r 7\nr 95.01 ins No. 16, 2007, r 7\nch 11 hdg ins No. 21, 2008, r 9\nsub No. 3, 2025, r 4\nrr 96.01 –\n96.02 ins No. 21, 2008, r 9\nsub No. 3, 2025, r 4\nrr 96.03 –\n96.11 ins No. 3, 2025, r 4\nch 12 hdg ins No. 38, 2013, r 5\nrr 97.01 –\n97.02 ins No. 38, 2013, r 5\nsub No. 22, 2022, r 8\nsch 1 hdg ins No. 28, 2006, r 4\nom No. 2, 2025, r 7\nf 5A amd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 74, 1992, r 21; No. 11, 1998,\nr 18; No. 39, 2015, r 6\nf 5B amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 11, 1998, r 18; No. 39, 2015,\nr 6\nf 5C amd No. 74, 1992, r 21\nf 5D amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 39, 2015, r 6\nf 5E amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 11, 1998, r 18; No. 39, 2015,\nr 6; No. 32, 2017, r 57\nf 7A amd No. 74, 1992, r 21\nsub No. 42, 2009, r 7\nf 7B ins No. 42, 2009, r 7\nff 7A-A –\n7A-B ins No. 42, 2009, r 7\nf 8A amd No. 39, 2015, r 6\nf 8B om No. 2, 2025, r 8\nf 10A amd No. 35, 1988, r 43; No. 11, 1998, r 18\nf 10B om No. 2, 2025, r 8\nf 11A amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 11, 1998, r 18\nff 11B – 12A om No. 2, 2025, r 8\nf 15A amd No. 74, 1992, r 21; No. 11, 1998, r 18; No. 32, 2017, r 57\n\nSupreme Court Rules 1987 461\nf 15B amd No. 35, 1988, r 43; No. 11, 1998, r 18; Act No. 40, 2010, s 181; No. 32,\n2017, r 57\nf 19A amd No. 74, 1992, r 21\nff 26A – 26D om No. 6, 2018, r 20\nf 29B amd No. 35, 1988, r 43\nff 35A – 35B om No. 2, 2025, r 8\nf 39A amd No. 32, 2017, r 57\nf 41A om No. 2, 2025, r 8\nf 41B amd No. 74, 1992, r 21; No. 11, 1998, r 18; Act No. 40, 2010, s 181\nf 41C om No. 2, 2025, r 8\nf 41D amd Act No. 40, 2010, s 181\nf 42A amd No. 74, 1992, r 21; No. 11, 1998, r 18\nsub No. 28, 2006, r 5\namd Act No. 32, 2006, s 24; No. 11, 2009, r 5; No. 42, 2009, r 8; No. 61,\n2011, r 8; No. 7, 2013, r 10\nf 42B amd No. 74, 1992, r 21; No. 11, 1998, r 18\nom No. 28, 2006, r 5\nins No. 61, 2011, r 8\nff 42C – 42D amd No. 74, 1992, r 21; No. 11, 1998, r 18\nom No. 28, 2006, r 5\nf 45A amd No. 35, 1988, r 43; No. 11, 1998, r 18; No. 32, 2017, r 57\nf 46A amd No. 74, 1992, r 21; No. 11, 1998, r 18; No. 32, 2017, r 57\nf 48A amd No. 35, 1988, r 43\nom No. 11, 1998, r 18\nf 48B amd No. 35, 1988, r 43; No. 4, 1990, r 18\nom No. 37, 2008, r 4\nff 48C – 48D om No. 37, 2008, r 4\nf 53A om No. 2, 2025, r 8\nf 53B amd No. 35, 1988, r 43; No. 23, 1993, r 7\nf 55A-A ins No. 37, 2013, r 5\nf 57A amd No. 11, 1998, r 18\nf 59A om No. 2, 2025, r 8\nf 60A amd No. 4, 1990, r 18; No. 74, 1992, r 21; No. 32, 2017, r 57; amd No. 22,\n2022, r 10\nf 60B amd No. 74, 1992, r 21\nf 60C amd No. 35, 1988, r 43; No. 74, 1992, r 21; No. 32, 2017, r 57\nff 60D – 60H amd No. 74, 1992, r 21\nf 60J sub No. 35, 1988, r 43\namd No. 74, 1992, r 21; No. 32, 2017, r 57\n\nSupreme Court Rules 1987 462\nff 60K – 60L amd No. 74, 1992, r 21; No. 32, 2017, r 57\nf 63A ins No. 1, 1988, r 5\namd No. 35, 1988, r 43; No. 11, 1998, r 18\nf 64A amd No. 35, 2016, r 2\nff 68A – 68C amd No. 74, 1992, r 21; No. 11, 1998, r 18\nff 69A – 71A om No. 2, 2025, r 8\nf 71B amd No. 74, 1992, r 21; No. 11, 1998, r 18\nf 71C amd No. 74, 1992, r 21\nf 72A om No. 2, 2025, r 8\nf 72B amd Act No. 40, 2010, s 181\nf 72C amd Act No. 84, 1993, s 6(2); Act No. 38, 2002, s 7\nf 72D om No. 2, 2025, r 8\nf 72E amd Act No. 40, 2010, s 181\nf 72F amd No. 11, 1998, r 18; No. 32, 2017, r 57\nf 72G om No. 2, 2025, r 8\nf 72H amd No. 35, 1988, r 43\nff 72J – 72L amd No. 74, 1992, r 21\nff 73A – 75C om No. 2, 2025, r 8\nf 77A om No. 74, 1992, r 21\nff 81A-A –\n81A-B ins No. 21, 2000, r 8\nsub No. 35, 2007, r 8\nff 81A-C –\n81A-D ins No. 21, 2000, r 8\nrep No. 13, 2002, r 4\nins No. 39, 2012, r 4\nf 81A-E ins No. 21, 2000, r 8\nsub No. 35, 2007, r 8\nff 81A-F –\n81A-K ins No. 21, 2000, r 8\nf 81A-L ins No. 21, 2000, r 8\namd Act No. 6, 2008, s 4\nf 81A-M ins No. 21, 2000, r 8\nff 81A-N –\n81A-S ins No. 21, 2000, r 8\nf 81A-T ins No. 21, 2000, r 8\namd Act No. 40, 2010, s 181; No. 35, 2016, r 2\n\nSupreme Court Rules 1987 463\nff 81A-U –\n81A-ZC ins No. 21, 2000, r 8\nf 81A-ZD ins No. 21, 2000, r 8\namd No. 2, 2001\nf 81A-ZE ins No. 21, 2000, r 8\nf 83A amd No. 35, 1988, r 43; No. 32, 2017, r 57\nf 83B rep No. 22, 2022, r 9\nf 83C amd No. 35, 1988, r 43; No. 4, 1990, r 18; Act No. 40, 2010, s 181; No. 32,\n2017, r 57\nf 84A amd No. 35, 1988, r 43\nf 84B amd No. 35, 1988, r 43; No. 11, 1998, r 18; No. 32, 2017, r 57\nf 84C rep No. 22, 2022, r 9\nf 84D amd No. 35, 1988, r 43; No. 74, 1992, r 21\nf 85A amd No. 35, 2007, r 8; Act No. 40, 2010, s 181\nf 85B amd No. 11, 1998, r 18; No. 35, 2007, r 8\nf 85C amd No. 11, 1998, r 18; No. 61, 2002, r 14; No. 35, 2007, r 8; Act No. 40,\n2010, s 181\nf 85D ins No. 35, 2007, r 8\nff 86A – 86C amd No. 11, 1998, r 18\nff 86D – 86E rep No. 22, 2022, r 9\nf 86F om No. 21, 2000, r 8\nf 86G amd No. 11, 1998, r 18; Act No. 40, 2010, s 181\nf 86H amd No. 11, 1998, r 18; No. 15, 2012, r 4\nf 86HA ins No. 22, 2000, r 7\namd Act No. 40, 2010, s 181\nf 86J amd No. 11, 1998, r 18\nf 86K rep No. 22, 2022, r 9\nf 86L amd No. 4, 1990, r 18; Act No. 40, 2010, s 181\nf 86M rep No. 22, 2022, r 9\nf 86N om No. 37, 2008, r 4\nf 86P rep No. 22, 2022, r 9\nff 86Q – 86R rep No. 22, 2022, r 9\nf 86S amd No. 35, 1988, r 43; No. 4, 1990, r 18\nff 86T – 86U amd No. 35, 1988, r 43\nf 86V amd No. 35, 1988, r 43; No. 34, 2003, r 7\n\nSupreme Court Rules 1987 464\nf 87A ins No. 4, 1990, r 18\namd Act No. 30, 2007, s 59; Act No. 9, 2015, s 31; No. 32, 2017, r 57\nf 88A ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 4, 1990, r 18\nf 88B ins No. 44, 1987, r 4\nff 88C – 88E ins No. 44, 1987, r 4\nf 88F ins No. 44, 1987, r 4\namd No. 4, 1990, r 18; No. 8, 2002, r 9; Act No. 40, 2010, s 181\nf 88G ins No. 44, 1987, r 4\namd No. 4, 1990, r 18; Act No. 40, 2010, s 181\nf 88H ins No. 44, 1987, r 4\nf 88I ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 11, 1998, r 18; No. 8, 2002,\nr 10; Act No. 40, 2010, s 181\nf 88J ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 11, 1998, r 18; Act No. 40, 2010, s 181\nf 88K ins No. 44, 1987, r 4\nf 88L ins No. 44, 1987, r 4\nf 88M ins No. 44, 1987, r 4\nf 88N ins No. 44, 1987, r 4\namd No. 11, 1998, r 18\nff 88P – 88Q ins No. 44, 1987, r 4\nf 88R ins No. 44, 1987, r 4\nf 88S ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 11, 1998, r 18; Act No. 40,\n2010, s 181\nf 88T ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 4, 1990, r 18; No. 11, 1998, r 18; Act No. 38,\n2002, s 7; Act No. 40, 2010, s 181\nf 88U ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 39, 2015, r 6\nf 88V ins No. 44, 1987, r 4\n\nSupreme Court Rules 1987 465\nf 88W ins No. 44, 1987, r 4\namd No. 4, 1990, r 18\nff 88X – 88Y ins No. 44, 1987, r 4\nff 88Z – 88ZC ins No. 44, 1987, r 4\nf 88ZD ins No. 44, 1987, r 4\namd No. 35, 1988, r 43; No. 39, 2015, r 6\nff 88ZE –\n88ZF ins No. 44, 1987, r 4\nff 92A – 92C ins No. 71, 1991, r 7\nsub No. 47, 2003, r 3\nf 93A ins No. 13, 2002, r 5\namd No. 61, 2002, r 15; No. 35, 2016, r 2\nsch 2 ins No. 21, 2000, r 9\namd Act No. 44, 2003, s 6; No. 52, 2005, r 4; Act No. 40, 2010, s 182; No. 14,\n2012, r 5\nsch 3 ins No. 3, 2025, r 5","sortOrder":20}],"analysis":{"summary":{"name":"SUPREME COURT RULES 1987","slug":"supreme-court-rules-1987","title_id":"supreme-court-rules-1987","version_id":177159,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Complete set of procedural rules   Chapter 1 (civil), Chapter 1A (criminal), Chapter 2 (appeals), made under the Supreme Court Act 1979 (NT). Current version as in force 23 June 2025."},"complexity_factors":["Very large instrument   92 Orders plus Chapter 1A and Chapter 2 covering all civil and criminal procedure","Detailed procedural rules require technical knowledge to navigate correctly","Case flow management categories (A through E) require understanding of how the Court categorises proceedings","Costs rules in Order 63 have been the subject of High Court interpretation","Source text is repetitive due to consolidation format including full TOC"],"plain_english_summary":"The Supreme Court Rules 1987 (NT) are the principal procedural rules governing civil and criminal proceedings in the Supreme Court of the Northern Territory. They set out, in comprehensive detail, how litigation is commenced, conducted, and concluded in that court.\n\nThe Rules are structured in two Chapters. Chapter 1 contains the civil procedure rules, organised into 91 numbered Orders covering every aspect of civil litigation: how proceedings are commenced (by writ or originating motion), service of process, pleadings, discovery and inspection of documents, interlocutory applications, evidence and affidavits, expert witnesses, case flow management (including categories A through E for proceedings), trial procedure, default judgment, summary judgment, assessment of damages, enforcement of judgments (writs of execution, possession and delivery), costs, contempt, and receivership. Chapter 1A covers criminal procedure, including indictments, arraignment, pleas, trials, and sentencing hearings. Chapter 2 contains the appeal rules for civil and criminal appeals to the Full Court, Court of Appeal, and Court of Criminal Appeal.\n\nA modern feature is the overarching purpose statement in Order 1A.01: the Rules aim to facilitate resolution of the real issues in dispute justly, promptly, economically, and in proportion to the nature of the dispute. Parties and their legal practitioners have a duty to assist the Court to further this purpose.\n\nThe costs rules in Order 63 are particularly significant: costs are in the discretion of the Court, and the starting presumption is that costs follow the event   the unsuccessful party pays the successful party's costs. The High Court has confirmed in Northern Territory v Sangare [2019] HCA 25 that, under rule 63.03, the impecuniosity of the unsuccessful party is not, without more, a reason to deny a successful party its costs."},"kimi_summary":{"_metrics":{"completionTokens":877},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"This appears to be a consolidated version of the 1987 Rules as in force at 23 June 2025. The scope remains consistent with the original purpose — governing Supreme Court procedure. While the rules have been amended over time (evidenced by transitional provisions in Order 1 and updated references to modern legislation like the Legal Profession Act 2006), the fundamental scope as a procedural code for the NT Supreme Court has not expanded beyond its original purpose. The inclusion of newer areas like freezing orders (Order 37A) and search orders (Order 37B) reflects developments in judicial remedies rather than scope creep."},"complexity_factors":["Extensive cross-referencing between 97 Orders across 12 Chapters","Multiple overlapping procedures (civil, criminal, probate, admiralty, arbitration, appeals)","Detailed definitions section with 47+ defined terms in Order 1.09 alone","Conditional logic with nested exceptions (e.g., rules applying 'unless the Court otherwise orders')","International service provisions requiring coordination with Hague Convention and diplomatic channels","Transition provisions preserving former rules for pending proceedings","Numerous time limits with calculation rules (e.g., rule 3.01 on calculating time)","Multiple jurisdictions within one court (Judge, Associate Judge, Registrar each with different powers)","Procedural requirements that vary based on document type, party type, and proceeding stage"],"plain_english_summary":"These are the **Supreme Court Rules 1987** for the **Northern Territory of Australia**, governing how civil and criminal cases are conducted in the Supreme Court.\n\n**What this legislation does:**\n\nThis is a comprehensive **procedural rulebook** that sets out step-by-step how legal proceedings must be run in the NT Supreme Court. It covers everything from starting a lawsuit to enforcing a judgment.\n\n**Key areas covered:**\n\n- **Starting proceedings** — how to file writs, originating motions, and other court documents\n- **Serving documents** — rules for delivering legal papers to other parties, including service outside Australia and under international conventions (Hague Convention)\n- **Pleadings** — formal written statements of each party's case\n- **Discovery** — exchanging documents and information between parties\n- **Interrogatories** — written questions parties can ask each other\n- **Pre-trial procedures** — directions hearings, case management, mediation, and settlement conferences\n- **Trials** — how evidence is presented, witness examinations, and jury procedures\n- **Judgments and enforcement** — obtaining default judgments, summary judgments, and enforcing decisions through warrants, garnishee orders, and charging orders\n- **Costs** — detailed rules for who pays legal fees and how they're calculated\n- **Special procedures** — for probate (wills and estates), admiralty, commercial arbitration, criminal property forfeiture, and appeals\n\n**Who it affects:**\n\n- Anyone involved in litigation in the NT Supreme Court (plaintiffs, defendants, lawyers)\n- Corporations and partnerships\n- People under disability (minors or those unable to manage their affairs)\n- Executors, administrators, and trustees\n- Foreign parties to Australian proceedings\n\n**Why it matters:**\n\nThese rules ensure **fair, efficient, and consistent** handling of court cases. They give the Court power to manage cases actively, encourage settlement before trial, and provide remedies when parties don't follow proper procedures. The rules balance detail with flexibility — many provisions allow judges to adapt procedures to the circumstances of particular cases.\n\n**Notable features:**\n\n- **Overarching purpose** (Order 1A): All parties and lawyers must help the Court resolve \"real issues of substance\" justly, promptly, and economically\n- **Pre-action conduct rules**: Parties must try to resolve disputes before suing, including exchanging letters of claim and considering mediation\n- **Case flow management**: The Court actively manages cases through directions hearings and can impose sanctions for non-compliance\n- **Freezing and search orders**: Special powers to preserve assets and evidence (Orders 37A and 37B)\n- **Hague Convention procedures**: Detailed rules for serving documents internationally (Order 7A)"}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-rules-1987","history":"/api/acts/supreme-court-rules-1987/history","analysis":"/api/acts/supreme-court-rules-1987/analysis","conflicts":"/api/acts/supreme-court-rules-1987/conflicts","importantCases":"/api/acts/supreme-court-rules-1987/important-cases","documents":"/api/acts/supreme-court-rules-1987/documents"}}