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Inspection of property
1 Inspection of property
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These rules are the procedural "instruction manual" for litigation in the Industrial Relations Court of Australia, governing how employees, employers, unions, representatives, and the Court itself start, manage, prove, and enforce disputes.
They set out filing and service, case management and directions (including mediation/arbitration), how evidence and pleadings are handled, special pathways for unfair dismissal, representative proceedings, overseas service and appeals, and enforcement measures—ensuring disputes are resolved fairly and efficiently.
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Direct links to the current provisions in Industrial Relations Court Rules.
1 Inspection of property
2 Application and service
3 View
Order 18 Admissions
1 Voluntary admission
2 Notice to admit facts — Form 25
3 Admission of documents discovered
4 Judgment on admissions
Order 19 Motions
2 Notice of motion — Form 27
3 Time for service of notice
5 Absence of party
6 Further hearing
Order 20 Summary disposal and stay of proceedings
1 Summary judgment
2 Frivolity
3 No demurrer
4 Residue of proceedings
5 Application by motion
Order 21 Vexatious litigants
1 Vexatious litigant
2 Vexatious proceeding against a person
3 Application
4 Rescission or variation of order
5 Leave to continue proceeding
Order 22 Withdrawal and discontinuance
1 Withdrawal of appearance — Form 28
2 Discontinuance — Form 29
2A Discontinuance — unlawful termination of employment
3 Costs
4 Withdrawal of defence reply etc — Form 30
5 Mode of discontinuance or withdrawal
7 Effect of discontinuance
8 Stay to secure costs
Order 23 Payment into Court
2 Bringing money into Court
3 Respondent to cross-claim
4 Payment into Court not an admission
5 Where tender before action pleaded
6 Notice of deposit — Form 31
7 Order to allot
8 Abandonments of cross-claim
9 Withdrawal by respondent — Form 32
10 Acceptance by applicant — Forms 33 and 34
11 Effect of acceptance
12 Withdrawal of acceptance — Form 35
13 Order for payment out after acceptance
14 Non-disclosure
15 Security — Form 36
16 Service
Order 24 Evidence taken in Australia or abroad or evidence taken under Part IIIB of the Evidence Act 1905
1 Order for examination of witness — Forms 37, 38 and 39
1A
2 Letter of request
2A Procedure where orders are made under paragraph 7V (1) (a) or (b) of the Evidence Act 1905
3 Documents for examiner
4 Appointment for examination
5 Conduct of examination
6 Examination of additional persons
7 Objection
8 Taking of depositions
9 Authentication and filing
10 Special report
11 Default of witness
13 Perpetuation of testimony
14 Exclusion of evidence in criminal proceedings
Order 25 Interim orders
1 Order before commencement of proceeding
2 Preservation of property
3 Disposal of personal property
4 Interim distribution
5 Interim income
6 Payment before ascertainment of all persons interested
7 Terms: time for order
Order 26 Receivers
1 Receiver and manager
2 Address for service
3 Security — Form 40
4 Remuneration
5 Accounts
6 Default
7 Powers
8 Account on death
Order 27 Subpoenas
2 Power to issue
3 Conduct money
4 Production by non-party
4A Costs of complying with subpoena
5 Banker’s books
6 Issue of subpoena
7 Document or thing in custody of a court
9 Setting aside
Order 28 Security for costs
2 Application
3 Cases for security
4 Manner of giving security
5 Stay or dismissal
6 Saving
Order 29 Separate decision of questions: consolidation
Division 1 Separate decision of questions
2 Order for decision
3 Orders, directions upon decision
4 Disposal of proceedings
Division 2 Consolidation
5 Consolidation etc
Order 30 Setting down
2 Request to fix date for trial (Form 44)
3 Fixing date for trial
5 Want of prosecution
6 Place of trial
7 Vacating date for trial
Order 31 Juries
1 Notice of motion for jury trial
Order 32 Trial
2 Absence of party
3 Default of appearance of both parties
4 Conduct of the trial
5 Record
6 Death before judgment
Order 33 Evidence: general
1 Witnesses at a trial
2 Hearsay and copies
3 Dispensing with rules of evidence
4 Depositions
5 Evidence in other proceedings
6 Plans, photographs and models
7 Proof of court documents
8 Production of court documents
9 Consent of trustee etc
10 Leading questions to witness
11 Privilege
12 Production on notice — Form 45
13 Attendance and production
14 Attendance of prisoner in proceedings before Court or examiner
15 Parties in lawful custody
Order 34 Court expert
2 Appointment
3 Report
4 Cross-examination
5 Remuneration
6 Further expert evidence
Order 35 Judgments and orders
1 General relief
2 Written reasons
3 Date of effect
4 Time for compliance
5 Fine
6 Dismissal
7 Setting aside
8 Interest
9 Judicial notice of order
10 Consent orders
11 Undertakings
Order 36 Judgments and orders: entry
1 Lodgment — Form 47
2 Settlement
3 Appointment for settlement
4 Procedure on appointment
5 Settlement without lodgment
6 Signature
7 Review
8 Order: where entry required
9 Manner of entry
10 Sealing
11 Copies
12 Service
Order 37 Judgments and orders: enforcement
1 Attendance
2 Service before committal or sequestration
3 Substituted performance
4 Enforcements by or against non-party
5 Non-performance of condition
6 Matters occurring after judgment
7 Enforcement as in State and Territory Supreme Courts
8 Ex parte application
9 Committal — Form 49
10 Stay of execution
Order 38 Assessment of damages
1 Ascertainment of damages where a matter of calculation
2 Certificate of Registrar
3 Damages in respect of continuing cause of action
Order 39 Accounts and inquiries
1 Account: summary order
2 Account or inquiry at any stage
3 Account: directions
4 Account: form and verification
5 Account: filing and service
6 Account: notice of charge or error
7 Account: allowances
8 Delay
9 Account: taken before Registrar
10 Certificate of Registrar
Order 40 Contempt
Division 1 Contempt in the face or hearing of the Court
1 Arrest
2 Charge, defence and determination
3 Interim custody
Division 2 Motion or proceedings for punishment
4 Application
5 Procedure generally
6 Statement of charge
7 Evidence
9 Arrest — Form 48
10 Motion or proceedings by the Registrar
11 Warrant — Form 48
12 Discharge
Order 41 Documents
1 First page of a document — Form 1
2 Documents
3 Details to be shown on first page of a document
4 Numbers
5 Scandal etc
6 Signing documents — Form 4
Order 42 Partnerships and business names
Division 1 Partnerships
2 Action in partnership name
3 Disclosure of names etc of partners
5 Appearance of partners
6 Appearance under protest of person served as partner
7 Defence
8 Entry of order
9 Execution of judgment against a partnership
10 Judgment against individual partner
Division 2 Individuals trading under a business name
12 Proceedings in business name
13 Application of rules
14 Service
15 Appearance
16 Proceeding under either Division
17 Amendment as to parties
18 Execution
19 Variation of judgment or order
20 Discovery in aid of rules 17 and 19
Order 43 Disability
1 Proceeding by or against person under disability
2 Appointment of tutor by the court
3 Removal of tutor
4 Appointment of tutor generally
5 Conduct of proceedings by tutor
6 Cross-claim
7 No imputed admission on pleadings
8 Discovery and interrogatories
9 Compromise etc of matter in suit
10 Payment into Court
11 Compromise etc before suit
12 Terms of approval
13 Service
Order 44 Interpleader
Division 2 Stakeholder’s interpleader
2 Case for relief
3 Application in a pending proceeding
Division 3 Sheriff’s interpleader
4 Notice of claim — Form 50
5 Notice to execution creditor
6 Admission of claim
7 Interpleader motion
Division 3A Payment pursuant to statutory entitlement
7A Payment pursuant to statutory entitlement
Division 4 General
8 Powers generally
9 Default by claimant
10 Neutrality of applicant
11 Order in several proceedings
12 Disposal
Order 45 Solicitors
1 Power to act by solicitor or authorised representative
2 Adverse parties
3 Change of solicitor or authorised representative
4 Change of agent
5 Appointment of solicitor or authorised representative
6 Removal of solicitor or authorised representative
7 Withdrawal of solicitor or authorised representative
8 Effect of change
9 Signature for solicitor
Order 46 Registries
1 Taking of oaths and affidavits
2 Seal of Court
3 Use of Seal
4 Stamp of Court
5 Custody of documents
6 Inspection of documents
7 Operation of Registries
7A Abuse of process
7B Prescribed time — subsection 466 (5) of the Act
8 Temporary venue
9 Transmission of documents
10 Transmission of order
11 Summary of order
12 Facsimile
Order 47 Sheriff
2 Suspension of execution
3 Default
4 Execution: motion for directions
Division 2 Fees
5 Security
6 Liability of solicitor
7 Bill
8 Taxation
9 Determination
10 Default by solicitor
Order 48 Inquiries under the Act 1988
2 Commencement of a proceeding
3 Service
4 Directions
5 Court directions to issue subpoenas
6 Application under section 221 of the Act
Order 49 Proceedings for an offence
1 Prosecutions
2 Form of summons, Forms 51, 52
3 Summons in paragraphs
4 Appointment of date
5 Affidavits as to fine or penalty
Order 50 Case stated and questions reserved
2 Special case to be prepared etc
3 Setting down for hearing
4 Question referred under section 82 of the Act
Order 51 Judiciary Act 1903 — section 78B
1 Notice of a constitutional matter — Form 53
2 Notices of a constitutional matter
3 Affidavit of service
Order 51A Matters remitted by the High Court of Australia
1 Remittal of matters by High Court to the Court
2 Filing and service
4 Directions of High Court
Order 51B Mandamus, prohibition, injunction against an officer of the Commonwealth holding office under the Industrial Relations Act 1988 or the Coal Industry Act 1946
2 Form of Application
3 Joinder of claims for relief
Order 52 Appeals
2 Service
Division 1 Leave to appeal
2A Application of division
2B Leave to appeal from interlocutory judgments of the Court
3 How applications for leave to appeal to be made
4 Form of application — Form 54
5 Time for filing application
7 Appearance
8 Time for filing and service of affidavits
9 Setting down for hearing
10 Directions hearing
Division 2 Appeals
12 Form and filing of notice of appeal — Form 55
13 Title of proceeding
14 Parties
14A Appearance by respondent
15 Time for filing and serving notice of appeal
16 Filing in courts and service upon parties
17 Stay
18 Competency of appeal
19 Discontinuance of appeal
20 Security for costs
21 Amendment by supplementary notice
22 Cross-appeal
23 Retention of exhibits
24 Appointment to settle
25 Collection of papers
26 Draft index of appeal papers
27 Settlement
28 Preparation of appeal papers
29 Setting down appeal
30 Written submissions
31 Directions
32 Preparation
33 Further evidence on appeal
34 Expediting appeals
35 Directions by Registrar
36 Want of prosecution
37 Reference to Court by single Judge
Order 62 Costs
1 Determination of amount of costs
Order 63 Moneys paid into Court
2 Litigants’ fund
3 Particulars of payment
4 Other application of moneys
5 Payment under order
6 Enquiry by bank unnecessary
7 Certification payment
Order 72 Mediation and arbitration
1 Mediation or arbitration procedure
3 If a Judge or a Judicial Registrar undertakes mediation
4 Adjournment of proceedings
5 Court may terminate mediation or arbitration
Division 2 Mediation
6 Nomination of mediator
7 Conduct of mediation conferences
8 Adjournment or termination of mediation
Division 3 Arbitration
9 Appointment of arbitrator
10 Termination of arbitration
Order 73 Representative proceedings
3 Commencement of proceedings
4 Consent to be a group member
5 Applications for orders involving notice
6 Opt out notices
Order 74 Delegation of powers to Judicial Registrars
2 Powers of Judicial Registrars
3 Prescribed time in relation to review
Order 75 Applications in respect of termination of employment
2 Consideration of application
4 Application referred for informal mediation
Order 76 Enforcement of agreements to comply with consent arbitration awards
2 Form of application
3 Appearance
4 Enforcement of award
Order 77 Enforcement of money orders by special procedure
2 Alternative method of enforcement
3 Form of application for enforcement
4 Registrar may order seizure of property
5 Enforcement of judgment or order by Sheriff
First Schedule
Form 1 Head of document
Form 2 Abbreviated entitling of document
Form 3 Document where there is no respondent
Form 4 Conclusion of document for signature
Form 5 Application
Form 5A Application
Form 6 Rule to show cause
Form 7 Statement of claim
Form 8 Cross-claim where cross-claim is served before date of directions hearing appointed in application
Form 9 Cross-claim where cross-claim is not served before date of directions hearing appointed in application
Form 10 Defence and cross-claim against a party
Form 11 Notice for pleadings
Form 12 Notice of service at document exchange
Form 14A Request to Court for substituted* service in non-convention country
Form 14B Request for transmission of notice to a Foreign Government
Form 14C Order permitting request for substituted service in non‑convention country
Form 15 Notice of appearance
Form 16 Defence
Form 17 Reply
Form 18 Reply and defence to cross-claim
Form 19 Notice of amendments
Form 20 Affidavit
Form 21 Notice for discovery
Form 22 List of documents
Form 23 Notice to answer interrogatories
Form 24 Example of verified statement in answer to interrogatories
Form 25 Notice to admit facts (and authenticity of documents)
Form 26 Notice disputing facts (and authenticity of documents)
Form 27 Notice of motion
Form 28 Notice of withdrawal of appearance
Form 29 Notice of discontinuance
Form 30 Notice of withdrawal of defence
Form 31 Notice of deposit
Form 32 Notice of withdrawal of deposit
Form 33 Notice of acceptance
Form 34 Notice confirming deposit
Form 35 Notice withdrawing acceptance
Form 36 Security to pay into court
Form 37 Order for examination
Form 38 Order appointing examiner
Form 39 Order
Form 40 Deed
Form 41 Subpoena for production
Form 42 Subpoena to give evidence
Form 43 Subpoena for production and to give evidence
Form 44 Request to fix date for trial
Form 45 Notice to produce
Form 46 Order
Form 46A
Form 46B Order
Form 47 Order
Form 47A Certificate of judgment
Form 48 Warrant for arrest
Form 49 Warrant for committal
Form 50 Notice of claim
Form 51 Summons
Form 52 Information for an offence
Form 53 Notice of a constitutional matter under section 78B of the Judiciary Act 1903
Form 53A Notice of proceeding
Form 54 Application for leave to appeal
Form 54A Application for leave to file and serve out of time
Form 55 Notice of appeal
Forms 56 to 128
Form 129 Application to commence a representative proceeding
Form 130 Notice of consent to be a group member
Form 131 Notice of opting out by group member
Form 132
Form 133 Enforcement of consent arbitration award — notice of employer’s appearance
Form 134
Form 135
Order 1 Preliminary
1 Short title [see Note 1]
These Rules may be cited as the Industrial Relations Court Rules.
2 Repeal
Statutory Rules 1994 No. 110 as amended by 1994 Nos. 145 and 200 are repealed.
3 Interpretation
In these Rules, unless the contrary intention appears:
Act means the Industrial Relations Act 1988.
arbitration means arbitration conducted under an arbitration order.
arbitration order means an order referring a matter to an arbitrator as mentioned in Order 72, rule 1.
arbitrator means an arbitrator to whom a matter is referred under an arbitration order.
Australia or the Commonwealth means the Commonwealth of Australia and when used in a geographical sense includes external territories.
authorised representative means a person who is entitled under section 469 of the Act to represent a party or an intervener in a proceeding before the Court; provided that a person who would be an authorised representative upon the grant of leave by the Court to represent the party or intervener, shall be deemed to be an authorised person up to the time at which the person is first able to seek such leave.
committee includes a person entrusted under a law of the Commonwealth, or of a State or Territory, with the care or management of the person or estate of a mentally disabled person.
Commonwealth means the Commonwealth of Australia and includes a Territory.
convention means an agreement, arrangement, treaty or convention made between the Crown in right of the Commonwealth or, where appropriate, in right of a State, and a country other than Australia regarding legal proceedings in civil matters.
convention country means a country other than Australia to which a convention applies.
corporation includes any artificial person other than an organisation.
Court means the Industrial Relations Court of Australia constituted under Part XIV of the Act.
cross-claim includes a counter-claim, cross-action, set-off, and third party claim.
directions hearing means a directions hearing appointed in an application pursuant to Order 4, and except for the purposes of computation of time within which acts must be done, includes any other hearing on which the Court gives directions as to the conduct of the proceedings.
document includes any record of information which is a document within the definition contained in s.7A of the Evidence Act 1905 and any other material data or information stored or recorded by mechanical or electronic means.
document exchange box means a box in a document exchange approved by the Registrar.
examination includes where relevant an examination held pursuant to an order made under Order 24, and, in proceedings under Part IIIB of the Evidence Act 1905, includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by the Court under that Part.
examiner includes an officer of the Court or any other person appointed under Order 24, or under paragraph 7V (1) (a) or (b) of the Evidence Act 1905, for the purpose of an examination before the examiner of any person.
hearing includes any hearing before the Court, whether final or interlocutory, and whether in open court or in chambers.
Judge means a Judge of the Court (including the Chief Judge) and in the expression the Court or a Judge means a Judge sitting in chambers.
Judicial Registrar means a judicial registrar appointed under section 375 of the Act.
mediation means mediation conducted under a mediation order.
mediation or arbitration order means a mediation order or an arbitration order.
mediation order means an order referring a matter to a mediator as mentioned in Order 72, rule 1.
mediator means a mediator to whom a matter is referred under a mediation order.
mentally disabled person means a person who, owing to mental illness, is incapable of managing his or her affairs in respect of the proceedings.
minor means a person under the age of 18.
oath includes affirmation.
organisation has the same meaning as in the Industrial Relations Act 1988.
person under disability means a minor or mentally disabled person.
pleading includes a statement of claim and a cross-claim to which Order 5 applies and subsequent pleadings, but does not include an application, notice of motion or affidavit.
proper place in relation to any proceeding:
(a) where there has been no transfer means the place at which the proceeding was commenced;
(b) where there has been a transfer means the place to which the proceeding was transferred.
Registrar means the Registrar or a District Registrar of the Court, and includes a Deputy Registrar or a Deputy District Registrar of the Court or other officer for the time being discharging the duties of any one of them, and when used in relation to any proceeding means the Registrar or District Registrar at the proper place.
Registry includes the Principal Registry and a District Registry.
Rules means Industrial Relations Court Rules.
Sheriff includes a Deputy Sheriff or any person for the time being discharging the duties of Sheriff or Deputy Sheriff.
trial includes any hearing other than an interlocutory hearing; and
tutor means a next friend, guardian ad litem or committee of a person or estate of a person under disability.
4 Order on terms
Unless the contrary intention appears, where under these Rules the Court has the power to make an order or do any other act or thing, it may make that order or do that other act or thing on terms.
5 Alternative method of filing
(1) This rule applies to any document which is required or permitted by the Rules to be filed.
(2) A document to which this rule refers may be filed at any Registry.
(3) A document to which this rule refers may be:
(a) posted to a Registry; or
(b) sent by facsimile transmission to a Registry; or
(c) left, addressed to the Industrial Relations Court of Australia, at its box at the Australian Document Exchange;
with a written request that the document be filed.
(4) A document is filed under this rule when it is accepted in the Registry to which it is sent.
(5) An officer of the Court shall mark on the document the date of its acceptance.
(6) Whenever copies of a filed document are required by the Rules to be returned to the filing party, such copies are to be made available for collection but need not be posted to that party.
6 Serial number
(1) The first document filed in any proceeding shall have a serial number assigned to it for the Registry in which it is filed, and that and each other document in the proceeding shall bear that number preceded by a reference to the appropriate Registry together with a reference to the calendar year in which the first document is filed.
(2) A new series of numbers shall be commenced at the beginning of each calendar year.
7 Forms
(1) Subject to subrule (2), the forms in the First Schedule shall be used where applicable notwithstanding the absence of any specific provision in the Rules in respect of the use of any particular form.
(2) A reference in these Rules to a Form by number is a reference to the Form so numbered in the Schedule.
(3) It shall be sufficient compliance with these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.
8 Relief from Rules
The Court may dispense with compliance with any of the requirements of the Rules, either before or after the occasion for compliance arises.
9 Proceedings wanting or in doubt
(1) Where a person desires to commence a proceeding or take any step in a proceeding, and the manner or form of procedure is not prescribed by the Act or the Rules or by or under any other Act, or that person is in doubt as to the manner or form of procedure, the Court may, on application by that person, give directions.
(2) A proceeding commenced in accordance with the directions of the Court shall be well commenced.
(3) A step taken in accordance with the directions of the Court shall be regular and sufficient.
10 Industrial Relations Regulations
In any case where the regulations made under the Act prevail over the provisions of these Rules, it shall, to the extent that duplication would otherwise be involved, be unnecessary to comply with these Rules.
Order 2 Sittings and vacation
1 Sittings
Full Court sittings shall be held at such times and places as the Chief Justice directs.
2 Vacations
(1) There shall be a fixed vacation in each year during the period from the beginning of the Monday before 24 December until the first Monday in February together with such other variable vacation or vacations as the Chief Justice shall determine.
(2) A hearing shall not be held in the fixed vacation, unless the Court otherwise orders.
3 Court holiday
The day after Easter Monday in each year is a holiday to be observed by the Court and the Registry.
Order 3 Time
1 Month
In any judgment or order and in any document in any proceeding, unless the context or subject matter otherwise indicates or requires, month means calendar month.
2 Reckoning
(1) Any period of time fixed by rules or by any judgment or order or by any document in any proceeding, shall be reckoned in accordance with this rule.
(2) Where a time of one day or a longer time is to be reckoned by reference to a given day or event, the given day or the day of the given event shall not be counted.
(3) Where, apart from this subrule, the period in question, being a period of 5 days or less, would include a day on which the Registry is closed, that day shall be excluded.
(4) Where the last day for doing a thing is a day on which the Registry is closed, the thing may be done on the next day on which the Registry is open.
3 Extension and abridgment
(1) The Court or a Judge may by order extend or abridge any time fixed by the Rules or by any judgment or order.
(2) The Court or a Judge may extend time under subrule (1) either before or after the time expires and whether or not an application for the extension is made before the time expires.
(3) The period within which a person is required by rules or by any order to serve, file or amend any pleading or other document may be extended by consent without an order for extension.
4 Fixing times
Where no time is fixed by the Rules or by any judgment or order of the Court or a Judge for the doing of any thing in or in connection with any proceeding, the Court may, by order, fix the time within which the thing is to be done.
5 Vacation
In the period from the beginning of the day on which the fixed vacation begins until the end of 14 January next following, time shall not, unless the Court otherwise orders, run so as to put any party in default in respect of any act for the doing of which a time is fixed by the Rules or by any judgment or order of the Court but business may be done during that period.
6 Registry hours
(1) The District Registries of New South Wales and Victoria shall be open to the public for business between 10 in the morning and 4 in the afternoon, except on Saturdays, Sundays and other holidays.
(2) The Principal Registry and the District Registries of the States other than New South Wales and Victoria and of the Territories, shall be open to the public for business from 10 in the morning until 1 in the afternoon and from 2 until 4 in the afternoon, except on Saturdays, Sundays and other holidays.
(3) A Registry may in the discretion of the Registrar, and shall on the direction of a Judge, be opened at other times for urgent business.
Order 4 Commencement of proceedings
1 Commencement by application — Form 5
(1) Except as otherwise provided in these Rules all proceedings in the Court’s original jurisdiction shall be commenced by filing an application.
(2) An application shall be in accordance with Form 5.
2 Parties
(1) A party claiming relief shall be called an applicant.
(2) A party against whom relief is claimed shall be called a respondent.
3 Relief claimed
(1) An application must specify:
(a) the relief claimed by the applicant; and
(b) if the relief depends on a provision of an Act — the Act and the provision.
(2) Where the claim for relief includes a claim for the determination or direction of the Court on any question, the application shall state the question.
(3) Exemplary damages shall be specifically claimed.
4 Name, address etc
(1) An application shall contain:
(a) the name and address of the applicant;
(b) where a party sues or is sued in a representative capacity a statement of that fact;
(c) where the applicant sues by a solicitor or authorised representative, the name, address and telephone number of the solicitor or authorised representative;
(d) where the applicant sues by a solicitor and that solicitor has another solicitor as agent in the proceeding, the name, address and telephone number of the agent; and
(e) an address for service.
(2) Where it appears from an application that the applicant sues by a solicitor or authorised representative:
(a) the solicitor or authorised representative shall, on request in writing by a respondent, declare in writing whether the application was filed by the solicitor or authorised representative; and
(b) if the solicitor or authorised representative declares in writing that the application was not filed by the solicitor or authorised representative, the Court may, on application by a respondent, stay the proceeding.
5 Notice to appear
Where there is a respondent, an application shall bear a note that:
(a) if there is no attendance before the Court by the respondent or his or her counsel or solicitor or authorised representative at the time and place stated in the application, the proceeding may be heard and the respondent will be liable to suffer judgment or an order against him or her; and
(b) before any attendance at that time the respondent must enter an appearance in the Registry.
6 Affidavit or statement of claim — Form 7
(1) The applicant shall file and serve with the application either an affidavit or a statement of claim, whichever is appropriate.
(2) The affidavit or statement of claim shall show:
(a) the nature of the applicant’s claim; and
(b) the material facts on which it is based.
7 Filing and copies
(1) Upon an application and affidavit or statement of claim being filed, the Registrar on the applicant’s request shall sign and seal with the seal of the Court a sufficient number of copies of the application for service and proof of service.
(2) The serial number of the proceeding shall be endorsed on each document.
8 Date for directions hearing
Subject to rule 9, an application shall state a date for a directions hearing.
9 Claim for interlocutory relief
(1) Where a claim for interlocutory relief is included in an application, that claim shall be distinctly made.
(2) A date for the hearing of the claim for interlocutory relief must be endorsed on the application.
(3) If a date for hearing is endorsed on the application under subrule (2), a separate date for a directions hearing must not also be endorsed on the application.
(4) At the hearing of the claim for interlocutory relief the Court may give such directions as it thinks fit, as in a directions hearing.
10 Endorsement of date
(1) The date for a hearing under rule 8 or rule 9 must be obtained from the Registry.
(2) If the Court has made an order abridging time, the application must bear a note of the order made.
11 Time for service
A copy of an application and affidavit or statement of claim must be served, in accordance with Order 7, on the respondent named in the application, unless the Court otherwise orders, not less than 5 days before the date appointed for hearing under rule 8 or rule 9.
12 Alteration of date
(1) Where a date for hearing has been obtained or made, the Court or the Registrar may alter the date to a later date and may authorise the solicitor or authorised representative for a party to make corresponding alterations in any copy for service of any application or notice.
(2) The Registrar may give authority by telephone or by any other means that the Registrar thinks fit.
13 Alteration of date where service less than 5 days before hearing
(1) Where an application and affidavit or statement of claim have been served upon the respondent named in the application less than 5 days before the date for hearing endorsed on the application under rule 8 or 9, the Court or Registrar may alter the date to a later date and may authorise the solicitor or authorised representative for a party to give notice to the respondent of the altered date by:
(a) posting an altered copy of the application by registered post:
(i) to the usual or last known place of business or abode of the respondent; or
(ii) if appropriate — to the place at which the application was served; or
(b) sending an altered copy of the application by facsimile transmission directed:
(i) to the facsimile transmission number operated at, or in connection with, the usual or last known place of business or abode of the respondent; or
(ii) if appropriate — to the facsimile transmission number operated at, or in connection with, the place at which the application was served.
(2) The authority may be given by telephone or by such other means as the person giving the authority thinks fit.
14 Suit in person
(1) Subject to subrule (2) and to Order 43 (“Disability”), any person may proceed in the Court by a solicitor or authorised representative or in person.
(2) Except as provided by or under any Act, a corporation may not, without the leave of the Court, commence or carry on any proceeding otherwise than by a solicitor or authorised representative.
(3) Subrule (2) does not apply to an organisation.
15 Proceeding by rule — Form 6
(1) This rule operates only for so long as paragraph 342 (2) (a) of the Act specifies the making of a rule as a condition precedent to the grant of financial assistance.
(2) A proceeding under sections 208 or 209 of the Act must be by rule, in accordance with Form 6, calling upon the person or organisation concerned to show cause why the order should not be made.
(3) An application for a rule under subrule (2) may be made to a Judge ex parte supported by an affidavit verifying the facts upon which the application is based.
(4) The affidavit in support of an application under section 208 of the Act must set forth:
(a) the rule, or rules, of the organisation, to which the application relates;
(c) a short statement of the reasons relied on by the applicant.
(5) The affidavit in support of an application under section 209 of the Act must set forth:
(a) the rule or rules of the organisation the performance or observance of which is in question;
(c) a short statement of the grounds relied on by the applicant as establishing the obligation of the person against whom the order is sought to perform or observe the rule or rules in question.
(6) As soon as practicable after an application for a rule specified in subrule (1) is granted, the applicant shall file the rule and the supporting affidavit with the Registrar.
16 Proceeding under section 261 of the Act
(1) This rule operates only for so long as paragraph 342 (2) (q) of the Act specifies the making of a rule as a condition precedent to the grant of financial assistance.
(2) A proceeding under section 261 of the Act must be by rule in accordance with Form 6, calling upon the person or organisation concerned to show cause why the order should not be made.
(3) An application for a rule under subrule (2) may be made to a Judge ex parte supported by an affidavit verifying the facts upon which the application is based.
(4) The affidavit in support of an application under section 261 of the Act must set forth:
(a) the rule, or rules, of the organisation to which the application relates;
(c) a short statement of the reasons relied upon by the applicant.
17 Preliminary discovery
(1) Where, on application by any person, it appears to the Court or a Judge that:
(a) the applicant, having made reasonable inquiries, is unable to ascertain the identity of a person for the purpose of commencing proceedings against that person or is unable to ascertain the description of any person sufficiently for that purpose; and
(b) some person has or may have knowledge of facts, or has or may have in his or her possession, custody or power any document or thing tending to assist in the ascertainment of the identity or description of the person concerned;
the Court or a Judge may order that person:
(c) to attend before the Court or a Judge and be orally examined on any matter relating to the identity or description of the person concerned; and
(d) to produce to the Court or a Judge any document or thing in his or her possession, custody or power relating to the identity or description of the person concerned.
(2) Where, on the application of any person, the matters mentioned in paragraph (1) (a) appear to the Court or a Judge and it further appears to the Court or a Judge that a corporation has or may have in its possession, custody or power any document or thing tending to assist in the ascertainment of the identity or description of the person concerned, the Court or a Judge may order the corporation or any officer of the Corporation to produce any document or thing in the possession, custody or power of the corporation relating to the identity or description of the person concerned.
(3) In this rule:
description includes the name, place or residence, place of business, occupation and sex of the person concerned.
person concerned means the person referred to in paragraph (1) (a).
(4) An application for an order under this rule shall be in accordance with Form 5A, the person or corporation against whom the order is claimed being made respondent to the application.
(5) An order made under subrule (1) or (2) shall be served personally on the person or corporation ordered to attend or to produce any document or thing.
(6) An application for an order under subrule (1) or (2) shall be made in the Division in which the proceedings referred to in paragraph (1) (a) would be dealt with.
(7) An order under subrule (1) or (2) shall not require a person to attend or to produce any document or thing on any day on which his or her attendance, or production by that person, is required, unless a sum sufficient to meet his or her reasonable expenses of complying with the order in relation to that day is paid or tendered to that person at the time of service of the order or not later than a reasonable time before that day.
(8) Where an order under subrule (2) requires a corporation to produce any document or thing, the sum mentioned in subrule (7) may be paid or tendered to any person apparently an officer of, or in the service of, the corporation and apparently of or above the age of sixteen years.
(9) Where any person incurs expense or loss in complying with an order under subrule (1) or (2) in an amount exceeding any sum paid under subrule (7), the Court or a Judge may order the applicant to pay to that person an amount sufficient to make good the expense or loss.
Order 5 Cross-claims and third party claims
1 Claim by respondent
(1) A respondent may cross-claim against an applicant for any relief to which the respondent would be entitled against the applicant if the applicant were a respondent in a separate proceeding commenced in the Court by the respondent for that purpose.
(2) A respondent may cross-claim against any person whether another party or a third party for any relief which is related to or connected with the subject of the proceeding.
(3) Without prejudice to the generality of subrule (2), a respondent may cross-claim for contribution or indemnity.
2 Cross-claim — Form 1
(1) A cross-claim shall be entitled in the proceeding with an addition showing the names of the parties to the cross-claim.
(2) Order 4, rule 3 applies to a cross-claim whether the cross-claim is against an applicant or any other person.
3 Title
On a cross-claim being filed, a document afterwards filed or used in the proceeding shall be entitled in the manner in which the cross-claim is entitled.
4 Rules applicable where statement of claim
Rules 5 and 6 of this Order apply where a proceeding is commenced by application supported by statement of claim, or where the Court has ordered that the proceeding continue on pleadings.
5 Pleading — Forms 8, 9, 10
(1) A respondent may file a pleading by way of cross-claim within the time fixed for filing his or her defence or any extension thereof.
(2) A cross-claim under subrule (1) shall be in accordance with Form 8, 9 or 10.
(3) Where a cross-claimant cross-claims solely against a party who claims in the proceeding against the cross-claimant, the cross‑claimant may add the cross-claim to his or her defence.
(4) Subject to Order 11, rule 16 (which relates to embarrassing proceedings and the like), a cross-claimant may in the cross‑claim plead all or any of the facts relied on by reference to the prior pleadings in the proceeding.
(5) A cross-claimant must, in addition to pleading any other facts on which he or she relies, plead the facts showing that the cross-claim is one to which rule 1 of this Order applies.
6 Service of prior pleadings — Form 11
(1) A respondent to a cross-claim who is made a party to the proceeding by the filing of the cross-claim may, by notice filed and served on the cross-claimant, require the cross-claimant to serve on him or her all or any of the pleadings in the proceeding filed before the filing of the cross-claim.
(2) A respondent to a cross-claim may add a notice under subrule (1) to his or her notice of appearance.
(3) Where a notice under subrule (1) is served on a cross-claimant then, unless the Court otherwise orders, the cross-claimant must, within 3 days after service of the notice or such longer time as may be specified in the notice, serve on the respondent to the cross-claim giving the notice each pleading mentioned in the notice.
7 Rules applicable where affidavit
Rules 8 and 9 apply where a proceeding is commenced by application supported by affidavit and where:
(a) a cross-claim is filed before the directions hearing; or
(b) a cross-claim is filed after the directions hearing and the Court has not ordered that the proceedings continue on pleadings.
8 Cross-claims by leave
(1) Subject to subrules 9 (1) and (2), a respondent may cross-claim against an applicant or any other party without the leave of the Court, but may not cross-claim against any other person not being a party without such leave.
(2) Subject to subrule (4), a respondent must not cross-claim against an applicant before he or she has filed an affidavit in reply to the applicant’s claim.
(3) A cross-claim must be in accordance with Form 8 or 9, and accompanied by an affidavit stating:
(a) the nature of the cross-claim;
(b) the material facts on which the cross-claimant relies; and
(c) the facts showing that the cross-claim is one to which rule 1 applies.
(4) A respondent who cross-claims against an applicant only may include the matters referred to in subrule (3) in the affidavit in reply to the applicant’s claim, and need not file a separate affidavit in support of the cross-claim.
9 Cross-claim after directions hearing
(1) A respondent desiring to cross-claim after the directions hearing must obtain all necessary directions at the directions hearing in relation to the cross-claim, including the time within which the cross-claim is to be filed.
(2) A respondent who does not obtain directions pursuant to subrule (1) must not cross-claim after the directions hearing without the leave of the Court.
10 Service
(1) Where a respondent to a cross-claim has, on the date of filing the cross-claim, an address for service in the proceeding, the cross-claimant must, on that date, serve the cross-claim on the respondent to the cross-claim.
(2) Where a respondent to a cross-claim has an address for service in the proceeding, personal service of the cross-claim on the respondent is not required.
(3) Order 7, rule 11 (which relates to cases where filing operates as service) does not apply to the service of a cross-claim.
11 Conduct of proceeding generally
(1) Subject to this Order and to Order 11, a proceeding on a cross‑claim must follow as nearly as may be the course of the proceeding on the originating process in respect of which the cross-claim is filed.
(2) Subject to this Order and to Order 11, and without limiting the generality of subrule (1), these Rules apply to a cross-claim and the proceeding arising from it as they apply to the originating process in respect of which the cross-claim is filed and the proceeding arising from it.
(3) Subrules (1) and (2) apply as if:
(a) the cross-claim were the originating process in respect of which the cross-claim is filed;
(b) the cross-claimant were an applicant; and
(c) the respondent to the cross-claim were a respondent.
(4) An applicant in an originating process need not enter an appearance to a cross-claim in the same proceeding.
(5) An appearance entered by a party to the proceeding shall, upon service of a cross-claim on him or her, operate as an appearance to the cross-claim.
(6) A cross-respondent who has not previously entered an appearance in the original proceedings must enter an appearance:
(a) where the cross-claim is served on the cross-respondent before the date appointed for a directions hearing in the application in the original proceeding — before that date; or
(b) in any other case — within 14 days after service of the cross-claim on the cross-respondent cross-respondent.
(7) Subject to this Order, the trial or hearing and all other steps in the proceeding on the cross-claim must as far as practicable be carried on together with the trial or hearing and similar steps in the proceeding on the originating process in respect of which the cross-claim is filed.
12 Directions
(1) A party to the proceeding may, at any time after the filing of a cross-claim, move for directions.
(2) On any directions hearing, or on the trial or hearing of the cross-claim, the Court may:
(a) make any order or direction it may make under Order 10;
(b) order that any claim, question or issue in or arising on the cross-claim be tried in such manner as the Court may direct;
(c) give to a respondent to the cross-claim leave to defend the claim on the originating process or any other cross-claim in the proceeding, either alone or in addition to any other party;
(d) give to a respondent to the cross-claim leave to appear at the trial or hearing of the claim on the originating process or on any other cross-claim in the proceeding and to take such part in the trial or hearing as the Court thinks fit;
(e) dismiss the cross-claim;
(f) determine the extent to which the cross-claimant and a respondent to the cross-claim shall be bound as between themselves by a judgment (including a judgment by consent or by default) or decision (including a decision by consent) on the claim on the originating process or any other cross-claim in the proceeding;
(g) pronounce such judgment as the nature of the case may require;
(h) give such directions as the Court thinks fit for having the rights and liabilities of the parties determined and enforced, including any order or direction which may be made or given under this Order.
(3) Order 10, rules 4 to 7 apply to a motion for directions under this rule.
13 Default of respondent to cross-claim
Where a respondent to a cross-claim does not enter an appearance or file a defence, if and as required by these Rules, or does not file a defence in accordance with an order to do so, a judgment (including a judgment by default or by consent) or decision (including a decision by consent) on any claim, question or issue in the proceeding on the originating process or on any other cross-claim in the proceeding shall, unless the Court otherwise orders, be binding as between the cross‑claimant and the respondent to the cross-claim so far as the judgment or decision is relevant to any claim, question or issue in the proceeding on the cross-claim.
14 Setting aside default judgment
Where judgment on a cross-claim is pronounced and an order made in default of appearance or where applicable, in default of defence or in consequence of default in compliance with an order or direction of the Court, the Court may set aside or vary the judgment or order.
15 Separate prosecution
A cross-claim may proceed notwithstanding that judgment has been pronounced and an order made and entered on the originating process or any other cross-claim in the proceeding, or that the proceeding on the originating process or any other cross-claim is stayed, dismissed or discontinued.
16 Contribution or indemnity
Where a respondent makes a cross-claim for contribution or indemnity in respect of a claim against him or her in the proceeding:
(a) an order on a judgment for the claimant on the cross-claim must not be entered except by direction of the Court;
(b) judgment for the claimant on the cross-claim shall not, unless the Court otherwise orders, be enforced by execution until satisfaction of any judgment in the proceeding against the cross-claimant.
17 Offer of contribution
Where in any proceeding:
(a) a party (in this rule called the first party) stands to be held liable to another party (in this rule called the second party) to contribute towards any debt or damages which may be recovered against the second party in the proceeding; and
(b) the first party, at any time after entering an appearance, makes an offer to the second party to contribute to a specific extent to the debt or damages;
then, if the first party makes the offer without prejudice to his or her defence, the offer shall not be brought to the attention of the Court until all questions of liability or amount of debt or damages have been decided.
Order 6 Parties and causes of action
1 Multiple claims
Subject to rule 6, an applicant, whether claiming in the same or different capacities, may, in any proceeding, claim relief in respect of more than one cause of action.
2 Joinder of parties generally
Two or more persons may be joined as applicants or respondents in any proceeding:
(a) where:
(i) if a separate proceeding were brought by or against each of them, as the case may be, some common question of law or of fact would arise in all the proceedings; and
(ii) all rights to relief claimed in the proceeding (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions; or
(b) where the Court gives leave so to do.
3 Joint right
(1) Where, in any proceeding, the applicant claims relief to which any other person is entitled jointly with the applicant:
(a) all persons so entitled shall be parties to the proceeding; and
(b) any of them who does not consent to being joined as an applicant shall be made a respondent.
(2) Subrule (1) applies subject to any Act and applies unless the Court gives leave to the contrary.
4 Leave under rule 2 and subrule 3 (2)
(1) The Court may grant leave under rule 2 or subrule 3 (2) before or after the non-joinder.
(2) An applicant may apply for leave under rule 2 or subrule 3 (2):
(a) either before or after the filing of the originating process; and
(b) without serving notice of the motion on any person on whom the application has not been served.
5 Common liability
(1) Where, in any proceeding, relief is claimed against a respondent who is jointly liable with some other person and also severally liable, that other person need not be made a respondent to the proceeding.
(2) Where persons may be jointly, but not severally, liable and relief is claimed against some but not all of those persons in a proceeding, the Court may stay the proceeding until the other persons so liable are added as respondents.
6 Inconvenient joinder
Where any joinder of parties or of causes of action may complicate or delay trial of the proceeding or is otherwise inconvenient, the Court may order separate trials or make such other order as the Court thinks fit.
7 Misjoinder and non-joinder of parties
(1) A proceeding shall not be defeated by reason of the misjoinder of a party or the non-joinder of any person as a party.
(2) The Court may in any proceeding determine the issues or questions in dispute so far as they affect the rights and interests of the parties.
8 Addition of parties
(1) Where a person who is not a party:
(a) ought to have been joined as a party; or
(b) is a person whose joinder as a party is necessary to ensure that all matters in dispute in the proceeding may be effectually and completely determined and adjudicated upon;
the Court, on application by that person or by any party, or of its own motion, may order that the person be added as a party and make orders for the further conduct of the proceeding.
(2) A person must not be added as an applicant without his or her consent.
9 Removal of parties
Where a party:
(a) has been improperly or unnecessarily joined; or
(b) has ceased to be a proper or necessary party;
the Court, on application by any party or of its own motion, may order that the first-named party cease to be a party and make orders for the further conduct of the proceeding.
10 Death, transmission etc
(1) Where a party dies or becomes bankrupt but a cause of action in the proceeding survives, the proceeding shall not abate by reason of the death or bankruptcy.
(2) Where the interest or liability of a party passes, by assignment, transmission, devolution or otherwise to another person, the Court may make orders for the addition, removal or re‑arrangement of parties and may make orders for the further conduct of the proceeding.
(3) The Court may act under subrule (2) on application by a party or by a person to whom the interest or liability passes, or of its own motion.
11 Further conduct of proceedings
(1) Without limiting the generality of the powers of the Court under rules 8, 9 and 10, orders under those rules for the further conduct of the proceeding may include orders relating to:
(a) service of the order and other documents in the proceeding;
(b) amendment;
(c) appearance of added parties; and
(d) substitution of one party for another party or former party.
(2) Where the Court orders that a party be substituted for another party or a former party, all things done in the proceeding before the making of the order, unless the Court otherwise orders, have effect in relation to the new party as those things had effect in relation to the old, but entry of appearance by the old party is not to dispense with entry of appearance by the new.
(3) Subject to subrule (2), where a party is added pursuant to an order under rule 8 or rule 10, the date of commencement of the proceeding so far as concerns that party, is:
(a) the date of filing of the originating process, amended to add that person as a party; or
(b) if an amended originating process is not filed — the date of the amendment adding that person as a party.
12 Failure to proceed after death of party
(a) a party dies but a cause of action in the proceeding survives; and
(b) an order under rule 10 for the addition of a party in substitution for the deceased party is not made within 3 months after the death;
the Court may, on application by a party or by a person to whom liability on the cause of action survives on the death, order that, unless, within a specified time after service of the order in accordance with subrule (2), a party is added in substitution for the deceased party, the proceedings be dismissed so far as concerns relief on the cause of action for or against the person to whom the cause of action or the liability thereon, as the case may be, survives on the death.
(2) On making an order under subrule (1), the Court shall give such directions as it thinks fit for service of the order on the persons (whether parties or not) interested in continuing the proceeding.
13 Representation: concurrent interests
(1) Where numerous persons have the same interest in any proceeding the proceeding may be commenced, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all, or as representing all except one or more of them.
(2) At any stage of a proceeding under this rule, the Court, on the application of the applicant, may appoint any one or more of the respondents or other persons (as representing whom the respondents are sued) to represent all, or all except one or more, of those persons in the proceeding.
(3) Where, under subrule (2), the Court appoints a person who is not a respondent, the Court must make an order under rule 8 adding that person as a respondent.
(4) A judgment pronounced or an order made in a proceeding under this rule is binding on all the persons as representing whom the applicants sue or, as the case may be, the respondents are sued, but must not be enforced against any person not a party to the proceeding except with the leave of the Court.
(5) An application for leave under subrule (4) may be made only by motion, notice of which must be served personally on the person against whom it is sought to enforce the judgment or order.
(6) Notwithstanding that a judgment or order to which an application under subrule (5) relates is binding on the person against whom the application is made, that person may dispute liability to have the judgment or order enforced against him or her on the ground that by reason of facts and matters particular to the case he or she is entitled to be exempted from the liability.
(7) This rule does not apply to a proceeding concerning property subject to a trust or included in a deceased estate.
14 Representation of beneficiaries by trustees
(1) A proceeding concerning property subject to a trust or included in a deceased estate may be brought by or against the trustees or personal representatives without joining a person having a beneficial interest in the trust or estate and unless the Court otherwise orders on the ground that the trustees or personal representatives could not or did not represent the interest of that person, an order granted or made in the proceedings is binding on that person.
(2) Subrule (1) does not limit the power of the Court to order a person having an interest to be made a party.
15 Deceased person
(1) Where in any proceeding it appears to the Court that a deceased person was interested, or that the estate of a deceased person is interested, in any matter in question in the proceeding, and that the estate has no personal representative, the Court may, on the application of any party:
(a) order that the proceeding continue in the absence of a person representing the estate; or
(b) by order (with the consent of the person appointed) appoint a person to represent that estate for the purposes of the proceeding.
(2) An order under subrule (1), and any judgment or order subsequently pronounced or made in the proceeding, binds the estate of the deceased person to the same extent as the estate would have been bound had a personal representative of the deceased person been a party to the proceeding.
(3) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.
16 Conduct
The Court may give the conduct of the whole or any part of any proceeding to such person as it thinks fit.
Order 7 Service
1 Originating process
(1) Subject to the provisions of this Order, originating process must be served personally on each respondent.
(2) The copy for service shall be signed and sealed as mentioned in Order 4, rule 7.
(3) Where a respondent to any originating process files an unconditional appearance, the originating process shall be taken to have been served on the respondent personally on the date on which the respondent’s notice of appearance is filed or on such earlier date as may be proved.
2 Personal service: how effected
(1) Personal service of a document is effected on:
(a) an individual — by leaving a copy of the document with him or her;
(b) a corporation — by leaving a copy of the document with some person apparently an officer of or in the service of the corporation and apparently of or above the age of sixteen years:
(i) at the registered office of the corporation; or
(ii) if there is no registered office, at the principal place of business or the principal office of the corporation; and
(c) an unincorporated association — by leaving a copy of the document at the principal place of business or the principal office of the association with some person apparently an officer of or in the service of the association and apparently of or above the age of sixteen years; and
(d) an organisation — by leaving a copy of the document with some person apparently an officer of or in the service of the organisation and apparently of or above the age of 16 years at the office of the organisation shown in the copy records of the organisation lodged in the Industrial Registry under section 268 of the Act;
or as the Court or a Judge may direct.
(2) If a person refuses to accept service of a document, personal service may be effected on the person by putting the document down in his or her presence and telling him or her the nature of it.
(3) It shall not be necessary in order to effect personal service that the original document be shown.
(4) In spite of subrule 2 (1), personal service may be effected:
(a) on a company, as defined in section 9 of the Corporations Law of the Commonwealth or corresponding legislation of a State or Territory (the Corporations Law), in any manner permitted by section 220 of the Corporations Law; and
(b) on the liquidator of a company, in the manner permitted by subsection 220 (5) of the Corporations Law; and
(c) on an official manager of a company, in the manner permitted by subsection 220 (6) of the Corporations Law.
3 Mode of service
A document which is not an originating process and which is required or permitted to be served in any proceeding may be served personally, but unless personal service is expressly required, it need not be served personally.
4 Ordinary service: how effected
(1) Where personal service of a document is not required, the document may be served:
(a) by leaving a copy of the document at the proper address of the person to be served between the hours of nine in the morning and five in the afternoon on any day on which the Registry in that State or Territory is open; or
(b) by sending a copy of the document by pre-paid post addressed to the person to be served at the person’s proper address; or
(c) where any enactment of the Commonwealth or of the State or Territory in which service is to be effected provides for service of a document on a corporation or organisation by serving the document in accordance with such provision; or
(d) where a person to be served has, under rule 7 of this Order, filed a notice for service at an exchange box of a solicitor or authorised representative, by leaving a copy of the document, addressed to that solicitor or authorised representative, in that exchange box; or
(e) by facsimile transmission directed to the facsimile transmission number operated at, or in connection with, the proper address.
(2) For the purposes of subrule (1), the proper address of a person shall be the address for service of that person in the proceeding but if, at the time when the copy is left or posted pursuant to subrule (1), the person has no address for service in the proceeding, the person’s usual or last known place of business or of abode shall be the proper address.
(3) The time of service of any document for the purpose of any proceeding shall, where the copy of the document:
(a) is sent by pre-paid post in accordance with paragraph (1) (b) — be seven days after the copy is so sent; or
(b) is left in an exchange box in accordance with paragraph (1) (d) — be two days after the copy is so left; or
(c) if the copy of the document is sent by facsimile transmission in accordance with paragraph (1) (e) — be one day after the copy is transmitted excluding Saturdays, Sundays and public holidays.
4A Service on principal solicitor
(1) Where personal service of a document is not required and the person to be served has a solicitor acting for him or her, which solicitor has another solicitor as agent whose address is that person’s proper address, the document may be served:
(a) by leaving a copy of the document at the address of the first-named solicitor;
(b) by sending a copy of the document by pre-paid post addressed to the person to be served at the address of the first-named solicitor; or
(c) where an appropriate notice has been given under rule 7 of this Order — by leaving a copy of the document addressed to the first-named solicitor at the exchange box of that solicitor.
(2) The time of service of any document for the purpose of any proceedings shall be:
(a) if the copy of the document is sent by pre-paid post in accordance with paragraph (1) (b) — 7 days after the copy is so sent; or
(b) if the copy of the document is left in an exchange box in accordance with paragraph (1) (c) — 2 days after the copy is so left.
5 Identity
For the purposes of the proof of service, evidence of a statement by a person concerning the identity of, or office held by, that person is evidence of the person’s identity or that the person holds that office, as the case may be.
6 Address for service
(1) An address for service shall be the address of a place at which documents in the proceedings may, during ordinary business hours, be left for the person whose address for service it is and to which documents in the proceeding may be posted for that person.
(2) The address for service of a person represented by a solicitor or authorised representative shall be the office of the solicitor or authorised person or of the solicitor’s agent.
(3) A person may change his or her address for service by filing a notice of the change showing a new address for service.
(4) A person who files a notice of change of address for service shall, on the date of filing, serve the notice on each party to the proceedings.
7 Document exchange — Form 12
(1) A person whose address for service is the office of a solicitor or authorised representative who uses the facilities of a document exchange may file a notice authorising service at the document exchange box of that solicitor or authorised representative in the prescribed form or add a notice to that effect to the person’s originating process (other than a cross-claim) or notice of appearance.
(2) A person may change the particulars stated in his or her notice authorising service at a document exchange box by filing a notice showing the new particulars or cancel the notice authorising service at a document exchange box by filing a notice to that effect.
(3) A person who files a notice authorising service at a document exchange box (other than a notice added to an originating process or a notice of appearance), a notice of a change or a notice of cancellation shall, on the date of filing, serve the notice on each party to the proceeding.
(4) A change or cancellation of which notice is required to be served under this rule shall not be effective as between the person to be served and another party until the notice is filed and served on that other party.
8 Acceptance by solicitor or authorised representative
(1) This rule applies to:
(a) any originating process; and
(b) any document required or permitted to be served in any proceeding, but not required to be served personally.
(2) Where a solicitor or authorised representative makes on a copy of a document to which this rule applies a note that he or she accepts service of the document on behalf of any person, the document shall, unless that solicitor or authorised representative is shown not to have had authority to act for such person, be taken to have been duly served on that person on the date on which the solicitor or authorised representative makes the note or on such earlier date of service as may be proved.
9 Substituted service
(1) Where for any reason it is impractical to serve a document in the manner set out in the Rules, the Court may on an application made ex parte order that, instead of service, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person to be served.
(2) Where the Court makes an order under subrule (1), the Court may order that the document be taken to have been served on the happening of any specified event, or on the expiry of any specified time.
10 Informal service: confirmation
Where for any reason it is impractical to serve a document in the manner set out in the Rules, but steps have been taken to bring the document to the notice of the person to be served, the Court may order that the document be taken to have been served on that person on a date specified in the order.
11 Service by filing
Where personal service is not required, and the person to be served is in default of appearance or has entered an appearance but has no address for service in the proceeding, the filing of the document shall, unless the Court otherwise orders, have effect as service of the document on that person.
12 Notice etc by the Court
Where, under the Rules or under an order, any notice or other document is to be given to or served on any party by the Court or any officer of the Court, the notice or document shall, unless the Rules otherwise provide or the Court otherwise orders, be sufficiently given or served in any manner in which a document not requiring personal service may be served under this Order.
13 Injunction: service
Where the Court grants an interlocutory injunction, the party may serve notice of the injunction, if desired:
(a) by facsimile transmission or letter signed by or on behalf of the Registrar; or
(b) by telephone call by or on behalf of the Registrar.
14 Service under contract
Where a respondent in any proceeding has, before or after the commencement of the proceeding, agreed that originating process or any other document in the proceeding may be served on the respondent or on some other person on behalf of the respondent in a manner or at a place (whether in or outside the Commonwealth) specified in the agreement, service in accordance with the agreement shall be sufficient service on the respondent.
Order 8 Service outside the jurisdiction
1 Cases for service of originating process
Subject to rule 2 and Division 2 and 3 of this Order, originating process may be served outside the Commonwealth in the following cases:
(a) where the proceeding is founded on a cause of action arising in the Commonwealth;
(aa) where the proceeding is founded on a breach in the Commonwealth of a contract, wherever made, whether or not the breach is preceded or accompanied by a breach, wherever occurring, that renders impossible the performance of any part of the contract which ought to be performed in the Commonwealth;
(ab) where the proceeding:
(i) is for the enforcement, rescission, dissolution, rectification or annulment of a contract; or
(ii) otherwise affects a contract; or
(iii) is for damages or other relief in respect of the breach of a contract;
and the contract:
(iv) is made in the Commonwealth; or
(v) is made on behalf of the person to be served by or through an agent carrying on business or residing in the Commonwealth; or
(vi) is governed by the law of the Commonwealth or of a State or Territory;
(ac) where the proceeding is founded on a tort committed in the Commonwealth;
(ad) where the proceeding is founded on, or is for the recovery of, damage suffered wholly or partly in the Commonwealth caused by a tortious act or omission, wherever occurring;
(ae) where the proceeding is for the construction, rectification, setting aside or enforcement of:
(i) a deed, will or other instrument; or
(ii) a contract, obligation or liability;
affecting property in the Commonwealth;
(af) where the proceeding is for:
(i) the execution of a trust that is governed by the law of the Commonwealth or of a State or Territory; or
(ii) relief that might be granted in a proceeding for the execution of that trust;
(ag) where the proceeding affects the person to be served in respect of his or her membership of a corporation:
(i) carrying on business in the Commonwealth; or
(ii) registered in a State or Territory as a foreign company;
(ah) where the proceeding relates to an arbitration held in the Commonwealth;
(ai) where:
(i) the proceeding is for relief relating to the custody, guardianship, protection or welfare of a minor, whether or not the minor is in the Commonwealth; and
(ii) apart from service, the Court has jurisdiction to grant relief;
(b) where the proceeding is founded on a breach of an Act, where the breach is committed in the Commonwealth;
(c) where the proceeding is founded on a breach, wherever occurring, of an Act, and is brought in respect of, or for the recovery of, damage suffered wholly or partly in the Commonwealth;
(d) where the proceeding is for contribution or indemnity in respect of a liability enforceable by a proceeding in the Court;
(e) where the person to be served is domiciled, incorporated or ordinarily resident in the Commonwealth, or being a corporation carries on business in the Commonwealth or is registered in any State or Territory as a foreign company;
(f) where the proceeding is a proceeding in respect of which the person to be served has submitted to the jurisdiction of the Court;
(g) where the proceeding is properly brought against a person served or to be served in the Commonwealth and the person to be served outside the Commonwealth is properly joined as a party to the proceeding;
(h) where the subject matter of the proceeding, so far as concerns the person to be served is property in the Commonwealth;
(i) where the proceeding is for the perpetuation of testimony relating to property in the Commonwealth;
(j) where the proceeding is for an injunction as to anything to be done in the Commonwealth or against the doing of any act in the Commonwealth, whether damages are also sought or not;
(k) where the proceeding affects the person to be served in respect of that person’s:
(i) membership of or office within a corporation incorporated or carrying on business within the Commonwealth;
(ii) membership of or office within an association or organisation formed or carrying on the whole or part of its affairs within the Commonwealth; or
(iii) conduct as a member or officer of such corporation, association or organisation;
(l) where the proceeding concerns the construction, effect or enforcement of an Act or a regulation or other instrument having or purporting to have effect under an Act;
(m) where the proceeding concerns the effect or enforcement of an executive, ministerial or administrative act done or purporting to be done under an Act or regulation or other instrument having or purporting to have effect under an Act;
(n) where the proceeding, so far as concerns the person to be served, falls partly within one of the foregoing paragraphs and falls, as to the residue, within one or more of the others of the foregoing paragraphs.
2 Leave or confirmation
(1) Service outside the Commonwealth of originating process is not valid under this Order unless:
(a) the service is in accordance with the prior leave of the Court given under subrule (2);
(b) the Court confirms the service under subrule (4); or
(c) the person served waives objection by entering an appearance.
(2) Where the Court is satisfied of the following matters:
(a) that the proceeding is a proceeding in which the Court has jurisdiction;
(b) that the proceeding is a proceeding to which rule 1 applies; and
(c) that the applicant has a prima facie case for the relief sought;
the Court may, by order, grant leave to serve originating process outside the Commonwealth under this Order.
(3) The evidence on a motion for leave under subrule (2) must include evidence showing in what country or place the person to be served is, or probably may be found, and whether that country is a convention country or non-convention country.
(4) Where originating process has been served outside the Commonwealth without a prior motion for leave under subrule (2), and the Court is satisfied:
(a) on the matters mentioned in subrule (2); and
(b) that the failure to apply for leave is sufficiently explained;
the Court may by order confirm the service.
3 Other documents
Service outside Australia of a document other than originating process is valid if the service is in accordance with the prior leave of the Court or is confirmed by the Court.
4 Rules as to service generally
Subject to this Order and subject to any convention, the Rules apply to service outside Australia under this Order as they apply to service inside Australia.
5 Mode of service
A document which is to be served outside Australia need not be served personally on the person required to be served, so long as it is served in accordance with the law of the country in which service is effected.
Division 2 Service in convention countries
6 Service under convention
This Division applies to service of judicial documents in a convention country.
7 Requisite documents
A party seeking service under this Division must:
(a) lodge with the Registrar:
(i) the document to be served;
(ii) unless English is an official language of the country concerned, a translation of the document in accordance with rule 8;
(iii) a copy of the document and of the translation;
(iv) such further copies of the document and of the translation as the Registrar may direct; and
(v) if any special or particular manner of service is required, a request for service in that manner and, unless English is an official language of the country concerned, a translation of the request; and
(b) file:
(i) a copy of each of the documents mentioned in paragraph (a); and
(ii) a request and undertaking in accordance with rule 9.
8 Translation
A translation of a document lodged under rule 7 must:
(a) be a translation into an official language of the country in which service is required; and
(b) bear a certificate in that language, of the translator, stating his or her qualifications and certifying that it is a translation of the document.
9 Request and undertaking
A request and undertaking filed under rule 7 must contain:
(a) a request by the applicant to the Registrar of the Court that a sealed copy of the document to be served be transmitted to the country concerned for service on a specified person;
(b) a reference to the applicable convention; and
(c) an undertaking by the applicant or the applicant’s solicitor or authorised representative to pay to the Registrar of the Court an amount equal to the sum of all expenses incurred in consequence of the request for service.
10 Procedure on filing and lodgment
(1) When documents referred to in rule 7 are filed and lodged in a District Registry, they shall be transmitted to the Registrar of the Court.
(2) The Registrar of the Court must seal the documents lodged with the seal of the Court and send them to the Secretary to the Attorney-General’s Department for transmission for service, together with such letter of request (if any) as may be necessary.
11 Evidence of service
Where the Registrar of the Court has sent documents to the Secretary to the Attorney-General’s Department as mentioned in rule 10, and afterwards a certificate purporting to be a certificate of a judicial authority or other responsible person in the country concerned or of a British or Australian consular authority in that country as to service or attempted service or non-service is filed, the certificate shall be evidence of the matters stated in the certificate.
Where a person has given an undertaking as mentioned in rules 7 and 9 and does not within 7 days after service on him or her of an account of expenses incurred in consequence of the request for service, pay to the Registrar of the Court the amount of the expenses, the Court may, on application by the Registrar of the Court:
(a) order the applicant to pay the amount of the expenses to the Registrar of the Court; and
(b) stay the proceeding until payment so far as concerns the whole or any part of any claim for relief by the applicant.
Division 3 Service in non-convention countries
This Division applies to service of judicial documents in a non‑convention country.
14 Required documents
(1) A party seeking service under this Division must file a request in accordance with Form 14A.
(2) A document to be served must be sealed with the seal of the Court used for sealing documents that are to be served outside Australia and must be passed to the Secretary of the Attorney‑General’s Department by the Registrar, together with:
(a) a copy of the document translated into an official language of the country in which it is to be served; and
(b) a request in accordance with Form 14B;
for transmission to the government of the country in respect of which leave has been given.
15 Proof of service
An official certificate or declaration (on oath or otherwise) transmitted to the Court through the diplomatic channel by the government or a court of a country to which this Division applies is sufficient proof of the service of a document if it certifies or declares that (or to the effect that) the document has been:
(a) personally served; or
(b) served in accordance with the law of the country;
and, when filed, is taken to be a record of the service and the equivalent of an affidavit of service under these Rules.
16 Substituted service
(1) If an official certificate or declaration (on oath or otherwise) transmitted to the Court through the diplomatic channel by the government or a court of a country to which this Division applies, certifies or declares that efforts to serve a document have been without effect, the Court or a Judge, on ex parte application by the applicant, may order in accordance with Form 14C that the applicant be permitted to request substituted service of the document.
(2) A request for substituted service may be made by the applicant at the Registry out of which the document to be served has been issued, by filing:
(a) a request in accordance with Form 14A; and
(b) the document.
(3) A copy of the order and of the document must be sealed in accordance with subrule 14 (2) and must be passed to the Secretary of the Attorney-General’s Department by the Registrar, together with:
(a) a copy of the document translated into an official language of the country in which it is to be served; and
(b) a request in accordance with Form 14B;
for transmission to the government of the country in respect of which leave has been given.
Order 9 Appearance
1 Appearance by solicitor or authorised person or in person
(1) A respondent may enter an appearance and may defend a proceeding by a solicitor or authorised representative, by a person authorised to represent a party by or under section 469 of the Act or in person.
(2) Where a respondent is a person under disability subrule (1) has effect subject to Order 43.
(3) Except as is permitted under subrule (1) or any Act a corporation may not without the leave of the Court or a Judge enter an appearance or defend any proceeding except by a solicitor or authorised person.
(4) For the purposes of this Order respondent includes a person who is required to enter an appearance but is not named as a respondent.
2 Time for appearance
(1) Subject to these Rules, a respondent must enter an appearance before the date appointed for a directions hearing and before filing any document.
(2) Notwithstanding subrule (1), a respondent who has not entered an appearance by the date appointed for a directions hearing, may enter an appearance after that date without leave.
3 Mode of entry
(1) An appearance is entered by filing a notice of appearance.
(2) Two or more persons entering an appearance by the same solicitor or authorised representative or person on the same date may do so by a single notice of appearance.
(3) The date of entry of an appearance is the date when notice of the appearance is received in the Registry.
(4) The notice of appearance, and any copies, must be stamped in the Registry with the stamp of the Registry, with the addition of the words ‘appearance entered’ and the date on which the stamp is affixed. The copies must then be returned to the person entering the appearance.
4 Notice of appearance
(1) A notice of appearance must show:
(a) the name and address of the person entering the appearance; and
(b) if the person entering the appearance appears by a solicitor or authorised representative, or person authorised to represent a party by or under section 469 of the Act, the name, address and telephone number of the solicitor or authorised representative or person; and
(c) if the person entering the appearance appears by a solicitor and that solicitor has another solicitor as agent in the proceeding, the name, address and telephone number of the agent; and
(d) an address for service.
(2) Where an address shown in a notice of appearance by which a respondent enters an appearance is not genuine, the applicant may, with the leave of the Court, continue the proceeding as if the appearance had not been entered.
5 Service of appearance
A respondent shall, upon receiving the copies of the notice of appearance stamped with the stamp of the Registry, forthwith serve on the applicant at his or her place for service one of the copies so received.
6 Conditional appearance
(1) A respondent may enter a conditional appearance.
(2) A conditional appearance shall have effect for all purposes as an unconditional appearance, unless the Court otherwise orders or the respondent applies under and in accordance with rule 7 and the Court makes an order under that rule.
7 Setting aside originating process etc
(1) The Court may, on application made by a respondent to any originating process on notice of motion filed within the time fixed by subrule (2), by order:
(a) set aside the originating process;
(b) set aside the service of the originating process on the respondent;
(c) declare that the originating process has not been duly served on the respondent;
(d) discharge any order giving leave to serve the originating process outside Australia or confirming service of the originating process outside Australia.
(2) Notice of a motion under subrule (1) may be filed by a respondent before entering an appearance or within fourteen days after the date of entry of a conditional appearance.
Order 10 Directions hearing
1 Directions hearings
(1) On a directions hearing the Court shall give such directions with respect to the conduct of the proceeding as it thinks proper.
(1A) In any proceeding which is to be heard by a Full Court, whether in the original or appellate jurisdiction, such directions as is thought proper with respect to the conduct of the proceeding may be given by the Court constituted by a single Judge.
(2) Without prejudice to the generality of subrule (1) or (1A), the Court may:
(a) make orders with respect to:
(i) discovery and inspection of documents;
(ii) interrogatories;
(iii) inspections of real or personal property;
(iv) admissions of fact or of documents;
(v) the defining of the issues by pleadings or otherwise;
(vi) the standing of affidavits as pleadings;
(vii) the joinder of parties;
(viii) the mode and sufficiency of service;
(ix) amendments;
(x) cross-claims;
(xi) the filing of affidavits;
(xii) the giving of particulars;
(xiii) the place, time and mode of hearing;
(xiv) the giving of evidence at the hearing, including whether evidence of witnesses in chief shall be given orally or by affidavit, or both;
(xv) the disclosure of reports of experts;
(xvi) costs;
(xvii) the filing and exchange of signed statements of evidence of intended witnesses and their use in evidence at the hearing;
(xviii) the taking of evidence and receipt of submissions by video link or telephone or such other means as the Court considers appropriate; and
(xvix) the proportion in which the parties are to bear the costs (if any) of taking evidence or making submissions under a subparagraph (xviii) direction;
(b) notwithstanding that the application is supported by a statement of claim, order that the proceeding continue on affidavits;
(c) order that evidence of a particular fact or facts be given at the hearing:
(i) by statement on oath upon information and belief;
(ii) by production of documents or entries in books;
(iii) by copies of documents or entries; or
(iv) otherwise as the Court directs;
(ca) order that an agreed bundle of documents be prepared by the parties;
(d) order that no more than a specified number of expert witnesses may be called;
(da) order that the reports of experts be exchanged;
(e) appoint a court expert in accordance with Order 34, rule 2;
(f) direct that the proceeding be transferred to a place at which there is a Registry other than the then proper place. Where the proceeding is so transferred, the Registrar at the proper place from which the proceeding is transferred shall transmit all documents in his or her charge relating to the proceeding to the Registrar at the proper place to which the proceeding is transferred;
(g) order, under Order 72, that proceedings, part of proceedings or a matter arising out of proceedings be referred to a mediator or arbitrator;
(h) order that the parties attend before a Registrar for a conference with a view to satisfying the Registrar that all reasonable steps to achieve a negotiated outcome of the proceedings have been taken, or otherwise clarifying the real issues in dispute so that appropriate directions may be made for the disposition of the matter, or otherwise to shorten the time taken in preparation for and at the trial;
(ha) order that the parties attend before a Judge, Judicial Registrar or Registrar for an informal mediation in an endeavour to settle the dispute by amicable agreement;
(i) in a case in which the Court considers it appropriate, direct the parties to attend a case management conference with a Judge, Judicial Registrar or Registrar to consider the most economic and efficient means of bringing the proceedings to trial and of conducting the trial, at which conference the Judge, Judicial Registrar or Registrar may give further directions;
(j) direct that an application to the Court pursuant to section 170EA of the Act be referred to the Australian Industrial Relations Commission for conciliation in accordance with section 170ED of the Act.
(3) The Court may revoke or vary any order made under (1), (1A) or (2).
(4) The powers of the Court prescribed for the purposes of subsection 466 (1) (h) of the Act are those referred to in this rule.
2 Fixing of date
On the directions hearing the Court may:
(a) fix a date for a further directions hearing;
(b) fix a date for trial;
(c) direct the parties to arrange with the Registrar a date for trial; or
(d) fix a date after which either party may request a date for trial.
3 Despatch, orders and directions
(1) If the Court thinks fit and the parties agree, the Court may hear and determine the proceeding on a directions hearing.
(2) If no applicant appears before the Court on a directions hearing, the Court may dismiss the application or make any other order that it thinks proper.
(3) If no respondent appears before the Court on a directions hearing, the Court may give such directions as it thinks fit.
4 Summary disposal
(1) A party may move for an order under Order 20, rule 2 (summary disposal of proceedings) at the directions hearing, if notice of the motion is served on all other parties to the proceeding not less than 3 days before the directions hearing.
(2) The Court may dispense with service under subrule (1).
5 Interlocutory orders
On a directions hearing, each party must, so far as is practicable, apply for any interlocutory order or directions that he or she may require.
6 Motion on notice
A party may move, on notice, for any interlocutory order or direction not made at the directions hearing appointed in the application.
7 Procedure on default
(1) If a party fails to comply with an order of the Court directing that party to take a step in the proceeding, any other party may move the Court, on notice:
(a) if the party in default is an applicant — for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the applicant in the proceeding;
(c) for an order that the step in the proceeding be taken within the time limited in that order.
(2) The Court may make an order of the kind mentioned in subrule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.
Order 11 Pleadings
1 Paragraphs — Form 7
Where a pleading alleges or otherwise deals with several matters:
(a) the pleading must be divided into paragraphs;
(b) each matter must, so far as convenient, be put in a separate paragraph; and
(c) the paragraphs must be numbered consecutively.
2 Facts not evidence
Subject to these Rules:
(a) a pleading of a party must contain, and contain only, a statement in a summary form of the material facts on which the party relies, but not the evidence by which those facts are to be proved; and
(b) paragraph (a) has effect subject to this Order and to Order 4 (commencement of proceedings) and to Order 12 (particulars).
3 Brevity
A pleading must be as brief as the nature of the case admits.
4 Documents and spoken words
Where any document or spoken words are referred to in a pleading, it is permissible to state the effect of the document or spoken words without setting out the precise terms thereof.
5 Presumed facts
A party need not plead a fact if:
(a) the fact is presumed by law to be true; or
(b) the burden of disproving the fact lies on the other party; except so far as may be necessary to meet a specific denial of that fact by the other party in his or her pleading or failure to plead such fact is likely to cause the other party to be taken by surprise.
6 Conditions precedent
(1) It is not necessary, in any pleading, to make a general allegation of fulfilment of a condition precedent to a right of action.
(2) Any party wishing to deny the fulfilment of any such condition precedent must plead such denial.
7 New matter
A party may plead a new matter which has arisen since the commencement of the proceeding.
8 Departure
(1) A party must not, in any pleading, make an allegation of fact, or raise any ground or claim, inconsistent with a previous current pleading of that party.
(2) Subrule (1) does not affect the right of a party to make allegations of fact, or raise grounds or claims, in the alternative.
9 Points of law
A party may, by a pleading, raise any point of law.
10 Matters for specific pleading
In a pleading subsequent to a statement of claim, a party must plead specifically any matter of fact or point of law that:
(a) the party alleges makes a claim or defence of the opposite party not maintainable;
(b) if not specifically pleaded, might take the other party by surprise; or
(c) raises issues of fact not arising out of the preceding pleading.
11 Tender
Where, in any proceeding, a defence of tender before the commencement of the proceeding is pleaded, the respondent must bring into Court, in accordance with Order 23, the amount alleged to have been tendered. Unless the Court has dispensed with compliance with this rule, the tender is not available as a defence unless and until the amount has been brought into Court.
12 Set-off
Where a claim by a respondent to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by an applicant, it may be included in the defence and set off against the applicant’s claim, whether or not the respondent also cross-claims for that sum of money.
13 Admissions and traverse
(1) Subject to subrule (3) and to Order 43, rule 7 (persons under disability), an allegation of fact made by a party in a pleading is deemed to be admitted by the opposite party unless:
(a) it is traversed by that party in a pleading; or
(b) a joinder of issue under rule 14 operates as a denial of it.
(2) A traverse may be made either by a specific denial or by a statement of specific non-admission.
(3) Subject to subrule (4):
(a) every allegation of fact made in a statement of claim or counterclaim which the party on whom it is served does not intend to admit, must be specifically traversed in the party’s defence or defence to counterclaim, as the case may be; and
(b) a general denial of such allegations, or a general statement on non-admission of them is not a sufficient traverse of them.
(4) Any allegation that a party has suffered damage and any allegations as to the amount of damages is deemed to be traversed unless specifically admitted.
14 Joinder of issue
(1) If there is no reply to a defence, there shall be an implied joinder of issue on that defence.
(2) Subject to subrule (3), a joinder of issue operates as a denial of every allegation of fact made in the pleading on which there is a joinder of issue.
(3) A party may admit or specifically plead to allegations of fact made in the pleading on which there is a joinder of issue, in which case the joinder shall operate as a denial of every other allegation of fact.
15 Close of pleadings
(1) The pleadings on a statement of claim shall, unless the Court otherwise orders, be closed, as between any applicant and any respondent, on the date of expiry of the last of the times fixed by or under these Rules for filing a defence or reply or other pleading between those parties.
(2) Subrule (1) shall have effect notwithstanding that, on the date mentioned in that subrule, a request or order for particulars has been made but has not been complied with.
16 Embarrassment etc
Where a pleading:
(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading;
(b) has a tendency to cause prejudice, embarrassment or delay in the proceeding; or
(c) is otherwise an abuse of the process of the Court;
the Court may at any stage of the proceeding order that the whole or any part of the pleading be struck out.
17 General issue
A party must not plead the general issue.
18 Denial to be substantial answer
When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he or she must not do so evasively or generally, but must answer the point of substance, in accordance with rule 13 of this Order.
Division 2 Progress of pleadings
19 Times for filing and service of pleadings
Where a proceeding commenced by application supported by statement of claim continues on pleadings after the directions hearing, or at the directions hearing it is ordered that the proceeding continue on pleadings, the times for filing and serving pleadings must, unless the Court otherwise directs, be in accordance with rules 20 to 23 of this Order.
20 Defence — Form 16
(1) Where the application was accompanied by a statement of claim, the defence must be filed in accordance with Form 16, within 7 days after the directions hearing.
(2) Where at the directions hearing it is ordered that the applicant file and serve a statement of claim or points of claim, the defence or points of defence must be filed and served within 14 days after service of the statement of claim or the points of claim.
21 Defence to cross-claim
Where a cross-claim is filed and served pursuant to Order 5, a cross-respondent must file and serve a defence to the cross‑claim within 21 days after service on the cross‑respondent of the cross-claim or within 7 days after the directions hearing appointed in the application, whichever is the later.
22 Reply — Form 17
(1) Where a respondent serves a defence on an applicant or a cross-respondent serves a defence to cross-claim on a cross-claimant, and a reply is needed for compliance with rule 10 of this Order, the applicant or cross-claimant as the case may be must file and serve the reply within 14 days after service on that person of the defence or defence to the cross-claim.
(2) An applicant who files both a reply and a defence to a cross-claim must put them in one document.
23 Procedure on default
(1) Where a party is in default in filing and serving any pleading as required by this Order, any other party may move the Court on notice:
(a) if the party in default is an applicant — for an order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the applicant in the proceeding;
(c) for an order that pleadings be filed and served within the time limited in the order.
(2) The Court may make an order of the kind mentioned in subrule (1) or any other order or may give such directions, and specify such consequences for non-compliance with the order, as the Court thinks just.
Order 12 Particulars
1 General
(1) A party pleading shall state in the pleading or in a document filed and served with it the necessary particulars of any claim, defence or other matter pleaded by the party.
(2) Rules 2 to 4 do not affect the generality of subrule (1).
2 Fraud etc
A party pleading shall give particulars of any fraud, misrepresentation, breach of trust, wilful default or undue influence on which the party relies.
3 Conditions of mind
(1) A party pleading any condition of mind shall give particulars of the facts on which the party relies.
(2) In subrule (1) condition of mind includes any disorder or disability of mind, any malice and any fraudulent intention, but does not include knowledge.
4 Damages
(1) A party who claims damages which include moneys which the party has paid or is liable to pay must give particulars of those moneys.
(2) A party who claims exemplary damages must give particulars of the facts and matters relied upon to establish that claim.
5 Order for particulars
(1) The Court may order a party to file and serve on any other party:
(a) particulars of any claim, defence or other matter stated in a pleading, or in any affidavit ordered to stand as a pleading;
(b) a statement of the nature of the case on which the party relies; or
(c) particulars relating to general or other damages claimed by the party.
(2) Without limiting the generality of subrule (1), where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, the Court may order that party to file and serve on any other party:
(a) where the party alleges knowledge, particulars of the facts relied upon; and
(b) where the party alleges notice, particulars of the notice.
(3) The Court shall not make an order under this rule before the filing of the defence unless, in the opinion of the Court, the order is necessary or desirable to enable the respondent to plead or for some other special reason.
Order 13 Amendment
This Order does not apply to the amendment of a judgment or order or draft thereof.
2 General
(1) The Court may, at any stage of any proceeding, on application by any party or of its own motion, order that any document in the proceeding be amended, or that any party have leave to amend any document in the proceeding, in either case in such manner as the Court thinks fit.
(2) All necessary amendments shall be made for the purpose of determining the real questions raised by or otherwise depending on the proceeding, or of correcting any defect or error in any proceeding, or of avoiding multiplicity of proceedings.
(3) Where there has been a mistake in the name of a party, subrule (1) applies to the person intended to be made a party as if he or she were a party.
3 Amendment of pleading without leave
(1) A party may, without leave, amend any pleading once at any time before the pleadings are closed.
(2) A party may further amend any pleading before the pleadings are closed and without the leave of the Court if the party obtains the consent of all other parties.
4 Consequential amendment of defence or reply
(1) Where an applicant amends a statement of claim:
(a) if the respondent has filed a defence, the respondent may amend the defence; and
(b) the time for filing the defence or amended defence, as the case may be, is either the time fixed by these Rules for filing a defence or 14 days after service on the respondent under rule 10, whichever expires later.
(2) Where a respondent amends a defence:
(a) if the applicant has filed a reply, the applicant may amend the reply; and
(b) the time for filing the reply or amended reply, as the case may be, is either the time fixed by these Rules for filing the reply or 14 days after service on the applicant under rule 10, whichever expires later.
(3) The rights to amend under paragraph (1) (a) and paragraph (2) (a) are in addition to the right to amend under rule 3.
(4) Where the following is the order of events:
(a) a party (in this rule called the first party) files a pleading (in this rule called the first pleading);
(b) an opposite party files a pleading (in this rule called the second pleading) in answer (whether by way of defence, reply or otherwise) to the first pleading;
(c) the first party amends the first pleading;
(d) the opposite party does not amend the second pleading within the time allowed by this rule;
then:
(e) the second pleading shall have effect as a pleading in answer to the amended first pleading; and
(f) Order 11, subrule 14 (1) does not apply but, if no further pleading between those parties is filed, there shall be, at the close of pleadings, an implied joinder of issue on the second pleading.
5 Disallowance of amendment
(1) Where a party amends a pleading under subrule 3 (1), the Court, on application by an opposite party, may, subject to subrule (3), by order disallow the amendment.
(2) Where a party amends a pleading under subrule 3 (2) but without obtaining the consent of a party, the Court, on application by that party, may, subject to subrule (3), by order disallow the amendment.
(3) Notice of a motion under subrule (1) or (2) shall be filed and served within 14 days after the date of service on the applicant under rule 10 of this Order.
(4) Where, on the hearing of an application under subrule (1), the Court is satisfied that, if an application for leave to make the amendment had been made under subrule 2 (1) on the date on which the amendment was made under subrule 3 (1) or (2), the Court would not have given leave to make the whole or some part of the amendment, the Court shall disallow the amendment or that part, as the case may be.
6 Duration of leave
Subject to Order 3, rule 3 (which relates to the extension and abridgment of time), where the Court makes an order under this Order giving a party leave to amend a document, then, if the party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, before the expiration of 14 days after the date on which the order is made, the order shall cease to have effect.
7 Mode of amendment — directions
(1) Where the Court orders, or gives leave for, the making of an amendment, the Court may give such directions as it thinks fit concerning the mode of amendment and consequential service of the amended document or of notice of the amendment.
(2) Rules 8, 9 and 10 have effect subject to subrule (1).
8 Mode of amendment — simple amendment — Form 19
(1) Where the amendments authorised under this Order to be made to a document are not so numerous or lengthy or otherwise of such nature as to render the document difficult or inconvenient to read, the amendments may be made by:
(a) filing a notice, in accordance with Form 19, specifying the amendments and the matters mentioned in subrule (2); and
(b) where the document to be amended has been filed, writing the alterations in the document.
(2) A filed document amended under this rule must be marked with a statement specifying the date of the amendment and also, if made under an order, the date of the order or, if not made under an order, a reference to the rule authorising the amendment.
9 Mode of amendment — fresh document
Subject to subrule 8 (1), amendments authorised under this Order to a filed document must be made by filing a fresh document, amended as so authorised, and bearing a statement specifying the matters mentioned in subrule 8 (2).
10 Service after amendment
Where a document has been served and is afterwards amended, the party making the amendment must, on the day on which the amendment is made, serve on the parties on whom the document was served:
(a) if the amendment is made under rule 8 — the notice mentioned in subrule 8 (1); or
(b) if the amendment is made under rule 9 — the fresh document.
Order 14 Affidavits
1 Time for swearing
An affidavit for use in any proceeding may be sworn before or after the commencement of the proceeding.
2 Form of affidavit — Form 20
(1) An affidavit must be made in the first person.
(2) The body of an affidavit must be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.
(3) Where it appears to the person before whom an affidavit is sworn that the deponent is illiterate or blind, he or she must certify in or below the jurat that:
(a) the affidavit was read in his or her presence to the deponent; and
(b) the deponent seemed to understand the affidavit.
(4) Where it appears to the person before whom an affidavit is sworn that the deponent is by reason of physical incapacity incapable of signing the same he or she must certify in or below the jurat that:
(a) the affidavit was read in his or her presence to the deponent;
(b) the deponent seemed to understand the affidavit; and
(c) the deponent signified he or she swore the affidavit.
(5) Where an affidavit is made by an illiterate or blind deponent and a certificate in accordance with subrule (3) or subrule (4) does not appear on the affidavit, the affidavit may not be used unless the Court is satisfied that the affidavit was read to the deponent and that the deponent seemed to understand it.
(6) Each page of an affidavit must be signed by the deponent and by the person before whom it is sworn, except that it is not necessary for a deponent who is physically incapable of signing the affidavit to do so.
3 Alteration
Where there is any interlineation, erasure or other alteration in the jurat or body of an affidavit:
(a) the affidavit may nevertheless be filed, unless the Court otherwise orders; but
(b) the affidavit may not be used without the leave of the Court unless the person before whom the affidavit is sworn initials the alteration and, in the case of an erasure, re-writes in the margin of the affidavit any words or figures written on the erasure and signs or initials them.
4 Exhibits and annexures
(1) Any original document to be used in conjunction with an affidavit must be exhibited and not annexed to the affidavit.
(2) Any exhibit to an affidavit must be identified by a certificate entitled in the same manner as the affidavit and made by the person before whom the affidavit is sworn.
(3) Copies of all documents exhibited or annexed to an affidavit must be served with the affidavit.
5 Irregularity
(1) An affidavit may be filed, unless the Court otherwise orders, notwithstanding any irregularity in form.
(2) An affidavit may be used, with the leave of the Court, notwithstanding any irregularity in form.
6 Filing
An affidavit may not be used without leave of the Court unless it has been filed.
7 Service
(1) A party intending to use an affidavit must serve it on each other interested party not later than a reasonable time before the occasion for using it arises.
(2) The Court may give directions concerning the service of affidavits.
8 Scandal etc
Where there is scandalous or oppressive matter in an affidavit, the Court may order that the affidavit be taken off the file.
9 Cross-examination
(1) A party may require the attendance for cross-examination of a person making an affidavit.
(2) A requirement under subrule (1) must be made to the party filing or proposing to use the affidavit.
(3) Where the attendance of a person is required under subrule (1) and the person does not attend, that person’s affidavit must not be used without the leave of the Court.
(4) Where a person making an affidavit is cross-examined, the party using the affidavit may re-examine the person.
Order 15 Discovery and inspection of documents
Division 1 Discovery
1 Notice for discovery — Form 21
After a directions hearing pursuant to Order 10 and within any period limited by the Court for this purpose, any party may, unless the Court otherwise orders, by notice of discovery filed and served on any other party, require any other party to give discovery of documents.
2 Discovery on notice
(1) A party required to give discovery must do so within such time, not being less than 14 days after service of the notice of discovery on that party, as may be specified in the notice of discovery.
(2) A party, subject to rule 3, gives discovery by filing and serving on the party giving the notice of discovery:
(a) a list in accordance with rule 6 of documents relating to any matter in question between him or her and the party giving the notice of discovery; and
(b) an affidavit verifying the list.
3 Limitation of discovery on notice
(1) The Court may, before or after any party has been required under rule 1 to give discovery, order that discovery under rule 2 by any party shall not be required or shall be limited to such documents or classes of documents, or to such of the matters in question in the proceeding, as may be specified in the order.
(2) The Court shall, on application, make such orders under subrule (1) as are necessary to prevent unnecessary discovery.
Where an applicant claims relief against two or more respondents, and requires any respondent to give discovery under rule 2, that respondent must serve his or her list of documents and affidavit not only on the applicant but also on each other respondent who has filed a defence.
5 Order for general discovery
The Court may, at any stage of the proceeding, order any party to give discovery in accordance with rule 2.
6 Contents of list — Form 22
(1) A list of documents required by or under this Order must be in accordance with Form 22 and, unless the Court otherwise orders, conform to the requirements of this rule.
(2) A list of documents shall enumerate the documents which are or have been in the possession, custody or power of the party making the list.
(3) A list of documents shall enumerate the documents in a convenient sequence and as shortly as possible, but shall describe each document or, in the case of a group of documents of the same nature, shall describe the group, sufficiently to enable the document or group to be identified.
(4) A party making a list of documents who claims that any document in the party’s possession, custody or power is privileged from production shall, in the list, sufficiently state the grounds of the privilege.
(5) A list of documents shall distinguish those documents which are in the possession, custody or power of the party making the list from those that have been but are no longer in the party’s possession, custody or power.
(6) A list of documents shall, as to any document which has been but is not then in the possession, custody or power of the party making the list, state when the party parted with the document and what has become of it.
(7) A list of documents shall appoint a time within 7 days after service of the list when, and a place where, the documents in the list may be inspected.
(8) Where a party making a list of documents has a solicitor or authorised representative in the proceeding, the solicitor or authorised representative shall certify on the list that, according to his or her instructions, the list and the statements in the list are correct.
6A Discovery of documents
A party required to give discovery who has or has had in his or her possession, custody or power more than one copy, however made, of a particular document is not required to give discovery of additional copies by reason only of the fact that the original or any other copy is discoverable.
7 Absence of privilege
(1) Except with the leave of the Court, a party to any proceeding in the Court may not claim privilege from production of any document on the ground that it relates solely to and does not tend to impeach the party’s own case and does not relate to or tend to support the case of any opposing party.
(2) Leave under subrule (1) shall not be granted except for special cause.
(3) Any application to the Court for leave under subrule (1) may be made without serving notice of the motion.
(4) The Court may, at any stage of the proceeding, order a party to produce a document to any other party notwithstanding that leave under subrule (1) has been granted and privilege claimed in respect of that document.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Industrial Relations Court Rules
Statutory Rules 1994 No. 357 as amended
made under the
Industrial Relations Act 1988
This compilation was prepared on 18 June 2003
taking into account amendments up to SR 1996 No. 262
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Order 1 Preliminary
1 Short title [see Note 1]
2 Repeal
3 Interpretation
4 Order on terms
5 Alternative method of filing
6 Serial number
7 Forms
8 Relief from Rules
9 Proceedings wanting or in doubt
10 Industrial Relations Regulations
Order 2 Sittings and vacation
1 Sittings
2 Vacations
3 Court holiday
Order 3 Time
1 Month
2 Reckoning
3 Extension and abridgment
4 Fixing times
5 Vacation
6 Registry hours
Order 4 Commencement of proceedings
1 Commencement by application — Form 5
2 Parties
3 Relief claimed
4 Name, address etc
5 Notice to appear
6 Affidavit or statement of claim — Form 7
7 Filing and copies
8 Date for directions hearing
9 Claim for interlocutory relief
10 Endorsement of date
11 Time for service
12 Alteration of date
13 Alteration of date where service less than 5 days before hearing
14 Suit in person
15 Proceeding by rule — Form 6
16 Proceeding under section 261 of the Act
17 Preliminary discovery
Order 5 Cross-claims and third party claims
1 Claim by respondent
2 Cross-claim — Form 1
3 Title
4 Rules applicable where statement of claim
5 Pleading — Forms 8, 9, 10
6 Service of prior pleadings — Form 11
7 Rules applicable where affidavit
8 Cross-claims by leave
9 Cross-claim after directions hearing
10 Service
11 Conduct of proceeding generally
12 Directions
13 Default of respondent to cross-claim
14 Setting aside default judgment
15 Separate prosecution
16 Contribution or indemnity
17 Offer of contribution
Order 6 Parties and causes of action
1 Multiple claims
2 Joinder of parties generally
3 Joint right
4 Leave under rule 2 and subrule 3 (2)
5 Common liability
6 Inconvenient joinder
7 Misjoinder and non-joinder of parties
8 Addition of parties
9 Removal of parties
10 Death, transmission etc
11 Further conduct of proceedings
12 Failure to proceed after death of party
13 Representation: concurrent interests
14 Representation of beneficiaries by trustees
15 Deceased person
16 Conduct
Order 7 Service
1 Originating process
2 Personal service: how effected
3 Mode of service
4 Ordinary service: how effected
4A Service on principal solicitor
5 Identity
6 Address for service
7 Document exchange — Form 12
8 Acceptance by solicitor or authorised representative
9 Substituted service
10 Informal service: confirmation
11 Service by filing
12 Notice etc by the Court
13 Injunction: service
14 Service under contract
Order 8 Service outside the jurisdiction
Division 1 General
1 Cases for service of originating process
2 Leave or confirmation
3 Other documents
4 Rules as to service generally
5 Mode of service
Division 2 Service in convention countries
6 Service under convention
7 Requisite documents
8 Translation
9 Request and undertaking
10 Procedure on filing and lodgment
11 Evidence of service
12 Order for payment of expenses
Division 3 Service in non-convention countries
13
14 Required documents
15 Proof of service
16 Substituted service
Order 9 Appearance
1 Appearance by solicitor or authorised person or in person
2 Time for appearance
3 Mode of entry
4 Notice of appearance
5 Service of appearance
6 Conditional appearance
7 Setting aside originating process etc
Order 10 Directions hearing
1 Directions hearings
2 Fixing of date
3 Despatch, orders and directions
4 Summary disposal
5 Interlocutory orders
6 Motion on notice
7 Procedure on default
Order 11 Pleadings
Division 1 General
1 Paragraphs — Form 7
2 Facts not evidence
3 Brevity
4 Documents and spoken words
5 Presumed facts
6 Conditions precedent
7 New matter
8 Departure
9 Points of law
10 Matters for specific pleading
11 Tender
12 Set-off
13 Admissions and traverse
14 Joinder of issue
15 Close of pleadings
16 Embarrassment etc
17 General issue
18 Denial to be substantial answer
Division 2 Progress of pleadings
19 Times for filing and service of pleadings
20 Defence — Form 16
21 Defence to cross-claim
22 Reply — Form 17
23 Procedure on default
Order 12 Particulars
1 General
2 Fraud etc
3 Conditions of mind
4 Damages
5 Order for particulars
Order 13 Amendment
1 Application of Order
2 General
3 Amendment of pleading without leave
4 Consequential amendment of defence or reply
5 Disallowance of amendment
6 Duration of leave
7 Mode of amendment — directions
8 Mode of amendment — simple amendment — Form 19
9 Mode of amendment — fresh document
10 Service after amendment
Order 14 Affidavits
1 Time for swearing
2 Form of affidavit — Form 20
3 Alteration
4 Exhibits and annexures
5 Irregularity
6 Filing
7 Service
8 Scandal etc
9 Cross-examination
Order 15 Discovery and inspection of documents
Division 1 Discovery
1 Notice for discovery — Form 21
2 Discovery on notice
3 Limitation of discovery on notice
4 Co-respondents
5 Order for general discovery
6 Contents of list — Form 22
6A Discovery of documents
7 Absence of privilege
7A Supplementary discovery
8 Order for particular discovery
9 Deponent
Division 2 Inspection
10 Document referred to in pleading or affidavit
11 Order for production
12 Copying of documents produced for inspection
13 Production to the Court
14 Inspection to decide objection
Division 3 General
15 Order only if necessary
16 Procedure on default
17 Public interest
18 Use of documents
Order 15A Preliminary discovery and discovery from non-party
1 Interpretation
2 Privilege
3 Discovery to identify a respondent
4 Conduct money
5 Party an applicant
6 Discovery from prospective respondent
7 Party an applicant
8 Discovery from non-party
9 Procedure
10 Inspection of documents
11 Costs
12 Power to order inspection, preservation etc of property
Order 16 Interrogatories
1 Interrogatories by notice — Form 23
2 Answers pursuant to notice
3 Limitation of interrogatories by notice
4 Co-respondents
5 Order to answer
6 Contents of statement — Form 24
7 Deponent — Form 24
8 Insufficient answer
9 Procedure on default
10 Answers as evidence
11 Public interest
Order 17 Inspection of property
1 Inspection of property
2 Application and service
3 View
Order 18 Admissions
1 Voluntary admission
2 Notice to admit facts — Form 25
3 Admission of documents discovered
4 Judgment on admissions
Order 19 Motions
1 Application
2 Notice of motion — Form 27
3 Time for service of notice
4 Service
5 Absence of party
6 Further hearing
Order 20 Summary disposal and stay of proceedings
1 Summary judgment
2 Frivolity
3 No demurrer
4 Residue of proceedings
5 Application by motion
Order 21 Vexatious litigants
1 Vexatious litigant
2 Vexatious proceeding against a person
3 Application
4 Rescission or variation of order
5 Leave to continue proceeding
Order 22 Withdrawal and discontinuance
1 Withdrawal of appearance — Form 28
2 Discontinuance — Form 29
2A Discontinuance — unlawful termination of employment
3 Costs
4 Withdrawal of defence reply etc — Form 30
5 Mode of discontinuance or withdrawal
6 Service
7 Effect of discontinuance
8 Stay to secure costs
Order 23 Payment into Court
1 Interpretation
2 Bringing money into Court
3 Respondent to cross-claim
4 Payment into Court not an admission
5 Where tender before action pleaded
6 Notice of deposit — Form 31
7 Order to allot
8 Abandonments of cross-claim
9 Withdrawal by respondent — Form 32
10 Acceptance by applicant — Forms 33 and 34
11 Effect of acceptance
12 Withdrawal of acceptance — Form 35
13 Order for payment out after acceptance
14 Non-disclosure
15 Security — Form 36
16 Service
Order 24 Evidence taken in Australia or abroad or evidence taken under Part IIIB of the Evidence Act 1905
1 Order for examination of witness — Forms 37, 38 and 39
1A
2 Letter of request
2A Procedure where orders are made under paragraph 7V (1) (a) or (b) of the Evidence Act 1905
3 Documents for examiner
4 Appointment for examination
5 Conduct of examination
6 Examination of additional persons
7 Objection
8 Taking of depositions
9 Authentication and filing
10 Special report
11 Default of witness
12 Order for payment of expenses
13 Perpetuation of testimony
14 Exclusion of evidence in criminal proceedings
Order 25 Interim orders
1 Order before commencement of proceeding
2 Preservation of property
3 Disposal of personal property
4 Interim distribution
5 Interim income
6 Payment before ascertainment of all persons interested
7 Terms: time for order
Order 26 Receivers
1 Receiver and manager
2 Address for service
3 Security — Form 40
4 Remuneration
5 Accounts
6 Default
7 Powers
8 Account on death
Order 27 Subpoenas
1 Interpretation
2 Power to issue
3 Conduct money
4 Production by non-party
4A Costs of complying with subpoena
5 Banker’s books
6 Issue of subpoena
7 Document or thing in custody of a court
8 Service
9 Setting aside
Order 28 Security for costs
1 Interpretation
2 Application
3 Cases for security
4 Manner of giving security
5 Stay or dismissal
6 Saving
Order 29 Separate decision of questions: consolidation
Division 1 Separate decision of questions
1 Interpretation
2 Order for decision
3 Orders, directions upon decision
4 Disposal of proceedings
Division 2 Consolidation
5 Consolidation etc
Order 30 Setting down
1 Interpretation
2 Request to fix date for trial (Form 44)
3 Fixing date for trial
5 Want of prosecution
6 Place of trial
7 Vacating date for trial
Order 31 Juries
1 Notice of motion for jury trial
Order 32 Trial
1 Interpretation
2 Absence of party
3 Default of appearance of both parties
4 Conduct of the trial
5 Record
6 Death before judgment
Order 33 Evidence: general
1 Witnesses at a trial
2 Hearsay and copies
3 Dispensing with rules of evidence
4 Depositions
5 Evidence in other proceedings
6 Plans, photographs and models
7 Proof of court documents
8 Production of court documents
9 Consent of trustee etc
10 Leading questions to witness
11 Privilege
12 Production on notice — Form 45
13 Attendance and production
14 Attendance of prisoner in proceedings before Court or examiner
15 Parties in lawful custody
Order 34 Court expert
1 Application
2 Appointment
3 Report
4 Cross-examination
5 Remuneration
6 Further expert evidence
Order 35 Judgments and orders
1 General relief
2 Written reasons
3 Date of effect
4 Time for compliance
5 Fine
6 Dismissal
7 Setting aside
8 Interest
9 Judicial notice of order
10 Consent orders
11 Undertakings
Order 36 Judgments and orders: entry
1 Lodgment — Form 47
2 Settlement
3 Appointment for settlement
4 Procedure on appointment
5 Settlement without lodgment
6 Signature
7 Review
8 Order: where entry required
9 Manner of entry
10 Sealing
11 Copies
12 Service
Order 37 Judgments and orders: enforcement
1 Attendance
2 Service before committal or sequestration
3 Substituted performance
4 Enforcements by or against non-party
5 Non-performance of condition
6 Matters occurring after judgment
7 Enforcement as in State and Territory Supreme Courts
8 Ex parte application
9 Committal — Form 49
10 Stay of execution
Order 38 Assessment of damages
1 Ascertainment of damages where a matter of calculation
2 Certificate of Registrar
3 Damages in respect of continuing cause of action
Order 39 Accounts and inquiries
1 Account: summary order
2 Account or inquiry at any stage
3 Account: directions
4 Account: form and verification
5 Account: filing and service
6 Account: notice of charge or error
7 Account: allowances
8 Delay
9 Account: taken before Registrar
10 Certificate of Registrar
Order 40 Contempt
Division 1 Contempt in the face or hearing of the Court
1 Arrest
2 Charge, defence and determination
3 Interim custody
Division 2 Motion or proceedings for punishment
4 Application
5 Procedure generally
6 Statement of charge
7 Evidence
8 Service
9 Arrest — Form 48
10 Motion or proceedings by the Registrar
Division 3 General
11 Warrant — Form 48
12 Discharge
Order 41 Documents
1 First page of a document — Form 1
2 Documents
3 Details to be shown on first page of a document
4 Numbers
5 Scandal etc
6 Signing documents — Form 4
Order 42 Partnerships and business names
Division 1 Partnerships
1 Interpretation
2 Action in partnership name
3 Disclosure of names etc of partners
4 Service
5 Appearance of partners
6 Appearance under protest of person served as partner
7 Defence
8 Entry of order
9 Execution of judgment against a partnership
10 Judgment against individual partner
Division 2 Individuals trading under a business name
11 Interpretation
12 Proceedings in business name
13 Application of rules
14 Service
15 Appearance
16 Proceeding under either Division
17 Amendment as to parties
18 Execution
19 Variation of judgment or order
20 Discovery in aid of rules 17 and 19
Order 43 Disability
1 Proceeding by or against person under disability
2 Appointment of tutor by the court
3 Removal of tutor
4 Appointment of tutor generally
5 Conduct of proceedings by tutor
6 Cross-claim
7 No imputed admission on pleadings
8 Discovery and interrogatories
9 Compromise etc of matter in suit
10 Payment into Court
11 Compromise etc before suit
12 Terms of approval
13 Service
Order 44 Interpleader
Division 1 Preliminary
1 Interpretation
Division 2 Stakeholder’s interpleader
2 Case for relief
3 Application in a pending proceeding
Division 3 Sheriff’s interpleader
4 Notice of claim — Form 50
5 Notice to execution creditor
6 Admission of claim
7 Interpleader motion
Division 3A Payment pursuant to statutory entitlement
7A Payment pursuant to statutory entitlement
Division 4 General
8 Powers generally
9 Default by claimant
10 Neutrality of applicant
11 Order in several proceedings
12 Disposal
Order 45 Solicitors
1 Power to act by solicitor or authorised representative
2 Adverse parties
3 Change of solicitor or authorised representative
4 Change of agent
5 Appointment of solicitor or authorised representative
6 Removal of solicitor or authorised representative
7 Withdrawal of solicitor or authorised representative
8 Effect of change
9 Signature for solicitor
Order 46 Registries
1 Taking of oaths and affidavits
2 Seal of Court
3 Use of Seal
4 Stamp of Court
5 Custody of documents
6 Inspection of documents
7 Operation of Registries
7A Abuse of process
7B Prescribed time — subsection 466 (5) of the Act
8 Temporary venue
9 Transmission of documents
10 Transmission of order
11 Summary of order
12 Facsimile
Order 47 Sheriff
Division 1 General
1 Interpretation
2 Suspension of execution
3 Default
4 Execution: motion for directions
Division 2 Fees
5 Security
6 Liability of solicitor
7 Bill
8 Taxation
9 Determination
10 Default by solicitor
Order 48 Inquiries under the Act 1988
1 Interpretation
2 Commencement of a proceeding
3 Service
4 Directions
5 Court directions to issue subpoenas
6 Application under section 221 of the Act
Order 49 Proceedings for an offence
1 Prosecutions
2 Form of summons, Forms 51, 52
3 Summons in paragraphs
4 Appointment of date
5 Affidavits as to fine or penalty
Order 50 Case stated and questions reserved
1 Application
2 Special case to be prepared etc
3 Setting down for hearing
4 Question referred under section 82 of the Act
Order 51 Judiciary Act 1903 — section 78B
1 Notice of a constitutional matter — Form 53
2 Notices of a constitutional matter
3 Affidavit of service
Order 51A Matters remitted by the High Court of Australia
1 Remittal of matters by High Court to the Court
2 Filing and service
3 Directions
This is an opening excerpt, not the complete document.