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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This rulebook sets the procedural framework for civil litigation in the Supreme Court of the Northern Territory, governing how civil suits are started, run, decided and enforced. It applies to plaintiffs, defendants, lawyers, executors, trustees and other parties involved in NT Supreme Court cases.
By standardising pleadings, disclosure, trial conduct and enforcement, the rules promote fairness, case management, timely resolution and enforceable outcomes, reducing surprise and procedural abuse.
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Direct links to the current provisions in Rules of the Supreme Court of the Northern Territory of Australia.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES
1966 No. 178
____________
RULES UNDER THE NORTHERN TERRITORY SUPREME COURT ACT 1961-1966,*
I, RICHARD ARTHUR BLACKBURN, the senior Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961-1966, hereby make the following Rules of Court.
Dated this ninth day of December, 1966.
Senior Judge.
_________
RULES OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
PART 1.—PRELIMINARY.
ORDER 1.
Preliminary.
Citation.
1. These Rules may be cited as the Rules of the Supreme Court of the Northern Territory of Australia.
Commencement.
2. These Rules come into operation on the first day of February, 1967, and shall apply to all proceedings commenced or instituted on or after that date.
Repeal.
3. The Rules of Court that were in force under the Supreme Court Ordinance 1911-1960 of the Territory immediately before the commencement of the Act are repealed.
Parts.
4. These Rules are divided into Parts, as follows:—
Part 1.—Preliminary.
Part 2.—Civil Jurisdiction.
Definitions.
“action” means a cause commenced by a writ of summons;
“additional Judge” means a Judge appointed under sub-section (2.) of section 7 of the Act;
“administration and probate jurisdiction” means jurisdiction under the Administration and Probate Act and Ordinance 1891 to 1940;
* Notified in the Northern Territory Government Gazette on 21 December, 1966.
3467/66.—PRICE 3/23.11.1966
Ο. 1 r. 5
“Australian diplomatic or consular agent” includes a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia:—
(a) ambassador;
(b) high commissioner;
(c) minister;
(d) head of mission;
(e) commissioner;
(f) charge d’affaires;
(g) counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post;
(h) consul-general;
(i) consul;
(j) vice-consul;
(k) trade commissioner; and
(l) consular agent;
“British possession” means any part of Her Majesty’s dominions other than the Commonwealth and the United Kingdom and includes the Dominion of Canada and the Dominion of New Zealand but does not include a protectorate or a protected state;
“Cause Book” means the Cause Book referred to in Order 6, rule 5;
“consular agent” means a consul-general, consul, vice-consul, proconsul or consular agent, or acting consul-general, acting consul, acting vice-consul, acting pro-consul or acting consular agent;
“Court of Summary Jurisdiction” means Justices forming a Court for the purposes of hearing and adjudicating upon any case or matter which they have power to determine in a summary manner, and whether they are acting under the Justices Ordinance 1928-1965 or under any other Ordinance or Act of the State of South Australia in force in the Territory incorporated with the Justices Ordinance 1928-1965, or by virtue of their commissions, or under the common law;
“Crown Solicitor” means the Crown Solicitor of the Commonwealth;
“diplomatic agent” means an ambassador, envoy, minister, chargé d’affaires, or secretary of an embassy or a legation;
“Judge” means the Judge appointed under sub-section (1.) of section 7 of the Act or an additional Judge;
“Justices” includes a Special Magistrate or any other single Justice, where a Special Magistrate or one Justice (as the case may be) has jurisdiction or authority to act in relation to the matter in question;
“Master’s office” or “the office of the Master” means the offices of the Court;
“mentally defective person” means a person who, owing to his mental condition, is incapable of managing himself or his affairs and requires oversight, care or control for his own good or in the public interest;
Ο. 1 r. 6
“originating summons” means a summons by which a matter is commenced otherwise than by writ, notice of motion, special case, or petition;
“prescribed” means prescribed by these Rules;
“probate action” means an action or other matter relating to the grant or recall of probate or of letters of administration, other than common form business;
“sealed” means sealed with the Seal referred to in section 30 of the Act, or such other seal as is prescribed by these Rules;
“taxing officer” means the person whose duty it is to tax costs in the Court;
“to file” means to file in the Master’s office, and “file”, “filed”, and “filing” have corresponding meanings;
“the Act” means the Northern Territory Supreme Court Act 1961-1966;
“the Court”, or “the Supreme Court”, means the Supreme Court of the Northern Territory of Australia;
“the Master” means the Master appointed in pursuance of section 31 of the Act, and includes an Acting Master and a Deputy Master and any person who, in relation to any act or duty is directed or appointed by the Judge to perform that act or duty;
“the senior Judge” means the Judge appointed under sub-section (1.) of section 7 of the Act or, if that Judge is, by reason of absence or for any other reason, unable to discharge the duties of his office or there is no Judge holding office by virtue of appointment under that sub-section, the senior additional Judge who is available for the discharge of duties under the Act;
“the Sheriff” means the sheriff appointed under section 5 of the Sheriff Ordinance 1962-1966 and includes a deputy sheriff appointed under that section;
“writ of execution” includes writs of fieri facias, capias, sequestration and attachments, and all subsequent writs that issue for giving effect thereto, and “issuing execution against any party” means the issuing of any such process against his person or property as is applicable to the case.
Interpretation.
(2.) In these Rules, unless the contrary intention appears—
(a) any reference to an Order or to a rule shall be read as a reference to an Order or rule, as the case may be, contained in these Rules; and
(b) any reference to a Schedule shall be read as a reference to a Schedule to these Rules.
Application of Rules.
6.—(1.) Part 2 of these Rules shall apply to all proceedings in the Court in any of its jurisdictions, unless, and except in so far as, other provision is made by law or by these Rules.
(2.) Part 2 of these Rules shall not apply to—
(a) proceedings on the Crown side of the Court or criminal proceedings; or
(b) proceedings in the revenue jurisdiction of the Court.
Ο. 2 r. 1; Ο. 3 rr. 1-4
(3.) Orders 32, 37, 40, 54, 64, 65, 66 and 68 shall, so far as they are applicable, apply to all civil proceedings on the Crown side of the Court, including Mandamus, Prohibition and Quo Warranto.
(4.) Nothing in these Rules shall, unless the contrary intention appears, affect the practice or procedure in any criminal proceedings.
PART 2.—CIVIL JURISDICTION.
ORDER 2.
Commencement of Civil Proceedings.
Mode of commencement.
Cf.E.O.;5r.1-3.
1.—(1.) Subject to these Rules, causes, suits and matters in the Court may be commenced by writ of summons, motion, originating summons, or order to show cause.
(2.) Causes and matters which are by any law required or authorized to be commenced by motion, whether on notice or ex parte, or by originating summons, or order to show cause, or in any other specified manner, shall or may, respectively, be so commenced.
(3.) Where by any law, or by these Rules, any person is authorized to make any application to the Court or the Judge with respect to any matter which is not already the subject-matter of a pending cause or matter, and no other mode of making the application is prescribed by that law, or by these Rules, the application shall be made by motion or by originating summons.
ORDER 3.
WRIT OF Summons.
Actions to be commenced by writ.
Cf .E.O.6r.2(1).
1.—(1.) Except as provided in the last preceding Order, every cause shall be commenced by writ of summons, which shall be endorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action.
(2.) It shall not be necessary to obtain the leave of the Court or a Judge to issue any writ of summons for service within the Commonwealth.
(3.) A writ of summons for service out of the Commonwealth, or of which notice is to be given out of the Commonwealth, shall not be issued without leave of the Court or a Judge.
Costs of prolixity.
A.C.T.O. 3 r. 2.
Form of writ.
Cf. E.O. 6 r. 1.
Writs for service out of Territory. Form and notice.
Cf. E.O. 6 r. 1.
Ο. 3 rr. 5-6; Ο. 4 rr. 1-4
Date and teste.
Vic.O. 2 r. 6.
5. Every writ of summons, and also (unless by any law or by these Rules it is otherwise provided) every other writ, shall bear date on the day on which the same is issued, and shall be tested in the name of the Senior Judge.
Time for appearance to be limited by writ.
Cf. S.A.O. 2 r. 4.
(a) in the case of a writ to be served in the Territory—
(i) if the place for service is not more than 200 miles from Darwin—eight days;
(ii) if the place for service is more than 200 but not more than 400 miles from Darwin—twelve days;
(iii) if the place for service is more than 400 but not more than 600 miles from Darwin—sixteen days; and
(iv) if the place for service is more than 600 miles from Darwin—twenty-one days;
(b) in the case of a writ to be served elsewhere within the Commonwealth—
(i) if the place for service is in an external Territory of the Commonwealth—such time as a Judge directs or, if no time is so directed, fifty-six days; and
(ii) in any other case—twenty-eight days; and
(c) in the case of a writ to be served out of the Commonwealth—such time as is limited by the order giving leave to effect such service, or, in the case of a writ to which Order 12, rule 3 applies, by the order giving leave to issue the writ.
ORDER 4.
Indorsement of Claim.
When to be made.
Cf. E.O. 6 r. 2(1.).
1. The indorsement of claim shall be made on every writ of summons before it is issued, and shall contain a statement sufficient to give notice of the nature of the claim and the cause thereof and of the relief or remedy required in the action, and, in case of non-compliance with this rule, the defendant may apply before appearance to set aside or amend the writ, or for particulars.
Contents of indorsement.
A.C.T.O. 4 r. 2.
2. In the indorsement required by rule 1 of this Order, it shall not be necessary to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled.
Representative character.
Vic.O. 3 r. 3.
3. If the plaintiff sues, or the defendant, or any of the defendants, is sued in a representative capacity, the indorsement shall show, in accordance with such of the indorsements in Form 6 in the First Schedule as is applicable to the case, or by any other statement to the like effect, in what capacity the plaintiff or defendant sues or is sued.
Probate actions.
Cf. E.O. 76 r. 2 (2.).
4. In probate actions the indorsement shall show whether the plaintiff claims as creditor, executor, administrator, residuary legatee, legatee, next of kin, heir-at-law, devisee, or in any and what other character.
Ο. 4 rr. 5-7
Special indorsement.
A.C.T.O. 4 r. 5.
5. In actions—
(a) where the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising—
(i) upon a contract, expressed or implied (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt);
(ii) on a bond or contract under seal for payment of a liquidated amount of money;
(iii) under any law where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty;
(iv) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand; or
(v) on a trust;
(b) where a landlord seeks to recover possession of land, with or without a claim for rent or mesne profits, against the tenant whose term has expired or has been duly determined by notice to quit or has become liable to forfeiture for nonpayment of rent, or against persons claiming under such tenant; or
(c) where the plaintiff seeks to recover possession of a specific chattel, with or without a claim for the hire thereof or for damages for its detention,
and in all other actions for damages (except actions for libel, slander, malicious prosecution, false imprisonment, seduction, or breach of promise of marriage, and actions in which fraud is alleged by the plaintiff), the writ of summons may, at the option of the plaintiff, be specially indorsed with or accompanied by a statement of his claim, or of the remedy or relief to which he claims to be entitled.
Indorsement of notice as to stay of proceedings.
Cf. E.O. 6 r. 2.
6.—(1.) Wherever the plaintiff’s claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim, shall state the amount claimed for debt, or in respect of such demand, and for costs respectively, and shall further state that upon payment thereof within the time allowed for appearance, further proceedings will be stayed. The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth is disallowed, the plaintiff’s solicitor shall pay the costs of taxation.
(2.) Subject to Order 64 rule 3 of these Rules, the plaintiff may claim the following amounts for costs under this rule, and, when judgment is obtained, those costs shall not be subject to taxation:—
| Costs of writ and all proceedings up to judgment in default except mileage on services and including attendance to settle | $15.00 |
|---|---|
| Costs of judgment.................................. | $15.00 |
Indorsement of claim for account.
A.C.T.O. 4 r. 7.
6. In all cases in which the plaintiff, in the first instance, desires to have an account taken, the writ of summons shall be indorsed with a claim that such account be taken.
Ο. 4 r. 8; Ο. 5 rr. 1-4; Ο. 6 rr. 1-4
In actions for libel.
E.O. 82 r. 2.
7. In actions for libel the indorsement on the writ shall state sufficient particulars to identify the publications in respect of which the action is brought.
ORDER 5.
Indorsement of Address.
Where plaintiff sues by solicitor.
Cf. E.O. 6 r. 5.
1.—(1.) The solicitor of a plaintiff suing by a solicitor shall indorse upon the writ of summons or notice in lieu of the writ of summons the address of the plaintiff, and also his own name and place of business, which shall be his address for service, if such place of business is not more than three miles from the office of the Master, and also, if his place of business is more than three miles from the office of the Master, another place, to
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