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.