Sch 1Expert witness code of

Schedule 1 Expert witness code of conduct (see r 1201) 1.1 Application of code This code of conduct applies to any expert witness engaged or appointed— (a) to provide an expert’s report for use as evidence in a proceeding or proposed proceeding; or (b) to give opinion evidence in a proceeding or proposed 1.2 General duty to court (1) An expert witness has a paramount duty to assist the court impartially on matters relevant to the expert’s area of expertise. (2) This paramount duty to the court, overrides any duty to a party to the proceeding or other person retaining the expert. (3) An expert witness is not an advocate for a party. 1.3 Content of report Every report prepared by an expert witness for use in court must state the opinion of the expert and state or provide the following: (a) the expert’s name and address; (b) an acknowledgment that the expert has read this code and agrees to be bound by it; (c) the expert’s qualifications to prepare the report; (d) the material facts and assumptions on which each opinion expressed in the report is based (a letter of instructions may be annexed); Rule 1.3 (e) the reasons for each opinion expressed and references to any literature or other materials used by the expert to support each opinion; (f) if applicable, that a particular question, issue or matter falls outside the expert’s area of expertise; (g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and the person’s qualifications; (h) to the extent that any opinion expressed by the expert involves the acceptance of another person’s opinion, the identification of the other person and the opinion expressed by the person; (i) a declaration that— (i) the expert has made all the inquiries which the expert believes are desirable and appropriate, other than for any matters identified specifically in the report; and (ii) no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the court; (j) any qualification of an opinion expressed in the report without which the report is, or may be, incomplete or inaccurate; (k) whether any opinion expressed in the report is not a concluded opinion because of insufficient research, or insufficient data or for any other reason; (l) if the report is lengthy or complex, a brief summary of the report at the beginning of the report. Expert witness code of conduct Schedule 1 Rule 1.4 1.4 Supplementary report following change of opinion (1) This section applies if an expert witness has provided a report for use in court to a party, or the party’s legal representative (the earlier report) and the expert witness subsequently changes their opinion on a material matter. (2) The expert witness must immediately provide a supplementary report to the party, or the party’s legal representative, stating or providing the information mentioned in rule 1.3 (a), (d), (e), (g) to (l) and, if applicable, rule 1.3 (f). (3) In any subsequent report, whether prepared under subrule (2) or not, the expert witness may refer to material contained in the earlier report without repeating it. 1.5 Duty to comply with court’s directions If directed by the court, an expert witness must— (a) confer with any other expert witness; and (b) give the court a report identifying— (i) the matters on which the experts agree; and (ii) the matters on which the experts disagree; and (iii) the reasons for the experts not agreeing; and (c) comply with any direction of the court in a timely way. 1.6 Experts’ conference etc An expert witness must— (a) exercise independent judgment in relation to every conference held, or report prepared, under the court’s direction under rule 1.5, and must not act on any instruction or request to withhold or avoid agreement; and Rule 1.6 (b) try to reach agreement with the other expert witness, or witnesses, on any issue on which they disagree, or failing agreement, try to identify and clarify the reasons why. Interest up to judgment Part 2.1 Part 2.1 Interest up to judgment (see r 51, r 304, r 1104, r 1120 and r 1616) Table 2.1 Interest up to judgment—Supreme Court item 1 1 January 1974 to 31 December 1980 10.00 2 1 January 1981 to 31 December 1985 14.00 3 1 January 1986 to 31 December 1987 18.00 4 1 January 1988 to 31 December 1989 16.00 5 1 January 1990 to 30 June 1990 21.00 6 1 July 1990 to 31 December 1990 18.00 7 1 January 1991 to 30 June 1991 16.00 8 1 July 1991 to 30 June 1993 15.00 9 1 July 1993 to 30 April 2001 10.00 10 1 May 2001 to 9 January 2005 9.00 11 10 January 2005 to 30 June 2010 9.00 2.1 Interest up to judgment after 30 June 2010—Supreme For the Supreme Court, the rate of interest up to judgment for a period that is 4% above the cash rate last published by the Reserve Part 2.1 Interest up to judgment is 4% above the cash rate last published by the Reserve Bank of Table 2.2 Interest up to judgment—Magistrates Court item 1 any period before 1 July 1981 13.375 2 1 July 1981 to 30 June 1982 15.00 3 1 July 1982 to 31 December 1982 17.50 4 1 January 1983 to 31 December 1983 15.50 5 1 January 1984 to 30 June 1984 12.375 6 1 July 1984 to 31 December 1984 14.75 7 1 January 1985 to 30 June 1985 13.75 8 1 July 1985 to 31 December 1985 17.25 9 1 January 1986 to 30 June 1986 20.625 10 1 July 1986 to 31 December 1986 18.125 11 1 January 1987 to 30 June 1987 19.25 12 1 July 1987 to 29 February 1988 18.75 13 1 March 1988 to 28 February 1989 16.125 14 1 March 1989 to 31 August 1989 17.875 15 1 September 1989 to 14 January 1991 20.75 16 15 January 1991 to 14 July 1991 17.50 17 15 July 1991 to 14 January 1992 15.75 18 15 January 1992 to 14 July 1992 13.75 Interest up to judgment Part 2.1 Rule 2.2 item 19 15 July 1992 to 14 January 1993 11.50 20 15 January 1993 to 31 January 1994 10.00 21 1 February 1994 to 31 July 1995 9.00 22 1 August 1995 to 31 March 1997 10.75 23 1 April 1997 to 30 April 1998 9.55 24 1 May 1998 to 9 January 2005 8.45 25 10 January 2005 to 30 June 2010 9.00 2.2 Interest up to judgment after 30 June 2010—Magistrates For the Magistrates Court, the rate of interest up to judgment for a period after 30 June 2010 is— that is 4% above the cash rate last published by the Reserve is 4% above the cash rate last published by the Reserve Bank of Rule 2.3 (see r 1619 and r 1620) Table 2.3 Interest after judgment—Supreme Court item period and case (if any) 1 any period ending before 1 May 1986: (a)if judgment was entered before (b)if judgment was entered on or after 5.00 10.00 2 1 May 1986 to 30 June 1990 15.00 3 1 July 1990 to 31 December 1991 20.00 4 1 January 1992 to 30 June 1993 15.00 5 1 July 1993 to 30 April 2001 12.00 6 1 May 2001 to 9 January 2005 11.00 7 10 January 2005 to 30 June 2010 11.00 2.3 Interest on judgment after 30 June 2010—Supreme Court For the Supreme Court, the rate of interest on judgment for a period that is 6% above the cash rate last published by the Reserve is 6% above the cash rate last published by the Reserve Bank of Interest after judgment Part 2.2 Rule 2.4 Table 2.4 Interest after judgment—Magistrates Court item period and case (if any) 1 any period ending before 1 May 1986: (a)if judgment was entered before (b)if judgment was entered on or after 5.00 10.00 2 1 May 1986 to 30 June 1990 15.00 3 1 July 1990 to 31 December 1991 20.00 4 1 January 1992 to 30 June 1993 15.00 5 1 July 1993 to 9 April 1995 12.00 6 10 April 1995 to 31 July 1995 9.00 7 1 August 1995 to 31 March 1997 10.75 8 1 April 1997 to 30 April 1998 9.55 9 1 May 1998 to 9 January 2005 8.45 10 10 January 2005 to 30 June 2010 11.00 2.4 Interest on judgment after 30 June 2010—Magistrates For the Magistrates Court, the rate of interest on judgment for a period that is 6% above the cash rate last published by the Reserve Rule 2.4 is 6% above the cash rate last published by the Reserve Bank of Schedule 3 Claim for debt or liquidated demand Part 3.1 Schedule 3 Costs amount—debts, liquidated demands, company windings-up, enforcement orders and certificates of Part 3.1 Claim for debt or liquidated demand (see r 51, r 304 and r 1100) Table 3.1 Prescribed costs amount—claim for debt or liquidated demand item 1 Magistrates Court—< $10 000 507.00 2 Magistrates Court—≥ $10 000 but < $25 000 1 031.00 3 Magistrates Court—≥ $25 000 but < $40 000 1 232.00 4 Magistrates Court—≥ $40 000 but < $50 000 1 384.00 5 Magistrates Court—≥ $50 000 but < $250 000 1 538.00 6 Supreme Court—any amount 1 538.00 Part 3.2 Default judgment (see r 1121) Table 3.2 Prescribed costs amount—default judgment item 1 Magistrates Court—< $10 000 658.00 2 Magistrates Court—≥ $10 000 but < $25 000 1 316.00 3 Magistrates Court—≥ $25 000 but < $40 000 1 580.00 Schedule 3 Costs amount—debts, liquidated demands, company windings-up, Part 3.3 Company winding-up item 4 Magistrates Court—≥ $40 000 but < $50 000 1 779.00 5 Magistrates Court—≥ $50 000 but < $250 000 1 975.00 6 Supreme Court—any amount 1 975.00 Part 3.3 Company winding-up (see r 1740) Table 3.3 Prescribed costs amount—company winding-up item claimed amount ($) 1 4 477.00 Part 3.4 Enforcement orders (see r 1741) Table 3.4 Prescribed costs amount—enforcement orders item amount claimed— with agent ($) amount claimed— no agent ($) 1 Magistrates Court—< $10 000 859.00 625.00 2 Magistrates Court—≥ $10 000 but < $25 000 1 745.00 1 269.00 3 Magistrates Court—≥ $25 000 but < $40 000 2 082.00 1 515.00 4 Magistrates Court—≥ $40 000 but < $50 000 2 345.00 1 704.00 5 Magistrates Court—≥ $50 000 but < $250 000 2 604.00 1 894.00 6 Supreme Court—any amount 2 604.00 1 894.00 Schedule 3 Certificate of registration Part 3.5 Part 3.5 Certificate of registration (see r 2010B) Table 3.5 Prescribed costs amount—certificate of registration item claimed amount ($) 1 Magistrates Court—< $10 000 90.00 2 Magistrates Court—≥ $10 000 but < $25 000 182.00 3 Magistrates Court—≥ $25 000 but < $40 000 218.00 4 Magistrates Court—≥ $40 000 but < $50 000 245.00 5 Magistrates Court—≥ $50 000 but < $250 000 273.00 6 Supreme Court—any amount 273.00 Rule 4.1 (see r 1700) Note to pt 4.1 Div 2.17.2 (Entitlement to costs) includes the following rules which relate to the assessment of costs under this schedule: • r 1734 (Costs—assessment costs) • r 1735 (Costs—counsel’s advice and settling documents) • r 1736 (Costs—evidence) • r 1737 (Costs—solicitor advocate) • r 1738 (Costs—retainer for counsel) • r 1739 (Costs—counsel’s fees for applications). 4.1 Costs—general care and conduct In addition to an amount that is to be allowed under an item in part 4.2, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar considers reasonable having regard to the circumstances of the proceeding, including, for example, the following: (a) the complexity of the proceeding; (b) the difficulty and novelty of any question raised in the (c) the importance of the proceeding, including to the party; (d) the amount involved; (e) the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor; (f) the number and importance of the documents prepared or perused, without regard to the length of the documents; Scale of costs—general Part 4.1 Rule 4.2 (g) the time spent by the solicitor; (h) research and consideration of questions of law and fact. 4.2 Costs—registrar’s discretion (1) For a matter for which a cost is provided for in part 4.2, the registrar may allow an additional amount, reduce the amount to be allowed, or change the method of calculating costs, as the registrar considers (2) For a matter for which a cost is not provided for in part 4.2, the amount to be allowed is the cost the registrar considers reasonable. (3) If the nature and importance, or the difficulty or urgency, of a proceeding and the justice of the case justify it, the registrar may allow an increase of not more than 30% of the solicitor’s costs allowed on the assessment of the costs of the proceeding. 4.3 Costs—letters sent by email The amount to be allowed for a letter sent as an email, or as an attachment to an email, is the amount that would be allowed if the letter were sent by post or another way. 4.4 Costs—allowance on affidavits to include attendances The amount allowed for instructions and drawing an affidavit in answer to interrogatories and other special affidavits, and attending the person making the affidavit to swear the affidavit includes all attendances on the person making the affidavit to read over and settle 4.5 Costs—affidavit made by 2 or more people etc The registrar may make any further allowance the registrar considers reasonable in relation to an affidavit if— (a) the affidavit is sworn by 2 or more people; or Rule 4.6 (b) the affidavit must be sent somewhere else, or an agent has to be employed, for the affidavit to be sworn. 4.6 Costs—documents to be served together (1) If 2 or more documents can be served at the same time on a party to a proceeding, the documents must be served together. (2) The registrar must not allow any further amount for service if more than 1 document is served at the same time. 4.7 Costs—agency correspondence In a proceeding in which there is an agent solicitor, the registrar may make any further allowance for agency correspondence that the registrar considers reasonable if satisfied the correspondence has been special and extensive. 4.8 Costs—attendance to instruct counsel (1) If a solicitor who holds an unrestricted practising certificate, or who has held a practising certificate for at least 2 years, attended in court to instruct counsel in a proceeding, the registrar may allow— (a) the amount set by the prescribed scale of costs for a solicitor who holds an unrestricted practising certificate, or who has held a practising certificate for at least 2 years, to attend to instruct counsel, if satisfied that the importance or difficulty of the proceeding, or the responsibility involved in instructing counsel, justified the solicitor’s attendance; or (b) the amount set by the prescribed scale of costs for a solicitor other than a solicitor mentioned in paragraph (a) to attend to instruct counsel, if satisfied the attendance of that solicitor only was justified; or (c) the amount set by the prescribed scale of costs for a clerk to attend to instruct counsel, if satisfied that the attendance of a clerk only was justified. Scale of costs—general Part 4.1 Rule 4.9 (2) If a solicitor other than a solicitor mentioned in subrule (1) (a) attended in court to instruct counsel in a proceeding, the registrar may allow— (a) the amount set by the prescribed scale of costs for a solicitor other than a solicitor mentioned in subrule (1) (a) to attend to instruct counsel, if satisfied the attendance of the solicitor was justified; or (b) the amount set by the prescribed scale of costs for a clerk to attend to instruct counsel, if satisfied that the attendance of a clerk only was justified. (3) If a clerk attended in court to instruct counsel in a proceeding, the registrar may allow the amount for a clerk to attend to instruct counsel, only if satisfied the clerk was competent to instruct counsel 4.9 Costs—parties with same solicitor If the same solicitor represents 2 or more parties and the solicitor does work for 1 or some of them separately that could have been done for some or all of them together, the registrar may disallow costs for the unnecessary work. 4.10 Costs—counsel drawing and settling documents If the registrar allows costs for counsel to draw and settle a document, the registrar must not allow the costs of a conference with counsel in relation to the document, unless there were special reasons making the conference necessary. 4.11 Costs—premature brief The registrar must not allow costs for the preparation and delivery of a brief to counsel on a trial that did not take place if the costs were incurred prematurely. Rule 4.12 4.12 Costs—transitional (1) A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after the commencement day. (2) However, if work done or services performed by a solicitor after the commencement day was assessed before the commencement day, this rule as in effect immediately before the commencement day continues to apply to the work and services. (3) Rule 4.12 as in effect immediately before the commencement day continues to apply to work done or services performed by a solicitor before the commencement day. commencement day means the day the Court Procedures Amendment Rules 2022 (No 3), rule 8 commences. Instructions Division 4.2.1 item 1 to sue or defend, to appeal or oppose an appeal 220.70 2 for statement of claim, petition, special case or counterclaim 220.70 3 for defence 188.90 4 for— (a) a reply; or (b) amending a pleading; or (c) a notice claiming contribution or indemnity; or (d) a document to be brought into the registrar’s office (for example, an account or deed); or (e) adding parties by order; or (f) a bond or other deed; or (g) retaining counsel, including preparing retainer 78.80 item 5 for— (a) a pleading not otherwise provided for; or (b) interrogatories for the examination of a party or witness; or (c) an affidavit in answer to interrogatories or other special affidavit; or (d) disclosure or a list of documents; or (e) an application for an order that a matter be heard before the Full Court; or (f) a brief on application in chambers 6 for— (a) an application whether in court, before the registrar or in chambers; or (b) opposition to an application; or (c) the assessment of a bill of costs 7 for brief to advise on evidence 141.90 8 for— (a) a statement of facts in an action; or (b) a request for particulars; or (c) particulars 9 for brief in preparation for trial the amount the registrar considers Drawing Division 4.2.2 item Division 4.2.2 Drawing 10 for an originating process or counterclaim 164.70 or, if longer than 700 words, 23.40 per 11 for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading 110.40 or, if longer than 400 words, 23.40 per 12 for— (a) a notice of an application in a proceeding; or (b) a notice to produce documents; or (c) a notice to admit facts; or (d) a special case; or (e) interrogatories; or (f) a special affidavit; or (g) a brief (including observations) 101.00 or, if longer than 400 words, 23.40 per 13 a formal affidavit, including an affidavit of service 55.40 14 any other document 43.80 or, if longer than 100 words, 25.90 per Division 4.2.3 Engrossing 15 of a document 6.90 per 100 words item 16 of any document, or of multiple documents copied at the same time— (a) for each of the first 10 copies; or (b) for each additional copy up to 100 copies; or (c) for each additional copy over 100 copies 4.40 2.00 0.70 Division 4.2.5 Perusal 17 of— (a) an originating process; or (b) a pleading; or (c) an application in a (d) interrogatories; or (e) a special case; or (f) a notice to admit 77.70 or, if longer than 800 words, 8.80 per 18 of any other document, if it is necessary to peruse 8.80 per 100 words 19 of a document by scanning it, if it is not necessary to peruse 8.60 or, if the document has more than 10 pages, the additional amount the registrar considers Attendances Division 4.2.6 item Division 4.2.6 Attendances 20 for personal service, if necessary, of 1 or more documents at the same time 117.90 21 for service of 1 or more documents at the same time— (a) at the office of a solicitor on the record or the address for service of a party; or (b) by post; or (c) made through a document exchange 47.70 22 by attendance (including travel and waiting time)— (a) by a solicitor; or (b) by a clerk 42.40 17.70 per 6 minutes per 6 minutes 23 at the registry or other office or place for— (a) filing, delivering, or collecting a document; or (b) a purpose not involving the exercise of legal skill or knowledge 39.30 24 formal telephone attendance 39.30 25 telephone attendance leaving message only 19.50 item 26 if the registrar is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that— (a) a solicitor has been necessarily absent from the place where the solicitor carries on practice; or (b) a clerk has attended in place of the solicitor an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the solicitor is absent, of not more than 1 838.70 an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the clerk is absent, of not more than 472.30 27 ordinary letter 54.80 or 26.60 per 100 words 28 special letter 91.00 or 26.60 per 100 words 29 formal letter—short letter, without legal content 26.50 30 circular letters after the first 12.10 31 fax copy, including attendance to send 62.10 32 receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement) 16.30 33 receiving, printing and filing incoming letter received by email 17.90 Witness expenses Division 4.2.8 item 34 printing any attachment to an email, or multiple attachments to an email printed at the same time— (a) for each of the first 10 pages; or (b) for each additional page up to 100 copies; or (c) for each additional page over 100 copies 4.40 2.00 0.70 Division 4.2.8 Witness expenses 35 a witness called because of the witness’s professional, scientific or other special skill or knowledge 1 544.80 per day 36 a witness called other than because of the witness’s professional, scientific or other special skill or knowledge 162.60 per day 37 a witness paid in the witness’s occupation by wages, salary or fees the amount lost by attendance at court 38 a witness qualifying to give skilled evidence the additional amount the registrar considers reasonable and properly incurred and paid 39 if the witness lives more than 50km from the court the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals 40 attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing the amount the registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses) item 41 all court fees, counsel’s fees and other fees and payments allowed to the extent that they have been properly and reasonably incurred and paid (see r 6250) Part 5.1 Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Supreme Court item 1 282 Person with legal disability—approval of settlement etc 2 317 Third party—extent bound by judgment between plaintiff and defendant 3 706 Urgent orders before start of proceeding 4 707 Interim distribution 5 708 Interim income 6 709 Payment before finding out everyone interested 7 716 Disposal of property other than land 8 729 Division 2.9.4 order without notice etc 9 730 Division 2.9.4 order without trial item 10 sdiv 2.9.4.2 745 (Freezing 11 sdiv 2.9.4.3 755 (Search Search orders 12 766 Receiver—agreement to act as etc 13 767 Receiver—application for order appointing 14 772 Receiver—default 15 782 Sale of land—order 16 783 Sale of land—conduct of sale 17 784 Sale of land—certificate of sale result 18 1240 Application—div 2.12.3 19 1241 Service of expert reports 20 1243 Expert evidence to be covered by expert report 21 1246 Tender of expert report 22 1505 Trial—defendant or plaintiff not appearing 23 1521 Separate decisions on questions—order item 24 1530 Assessors 25 1531 Referee—referral of question etc to 26 1532 Referee—appointment 27 1533 Referee—amendment of order referring question etc 28 1536 Referee—report 29 1537 Referee—proceeding on report 30 1548 Partial judgment for damages to be assessed 31 1607 Orders—certified duplicate 32 1617 Payment into court—amount recovered by person with legal disability 33 1855 Costs—review by court 34 2220 Seizure and sale order—sale at best price obtainable 35 2406 Charging order—application to enforce charge 36 2407 (2) (b) Charging order—procedure against partnership property for partner’s separate order debt 37 2443 Enforcement—undertakings 38 2501 Contempt—applications generally item 39 div 2.18.17 Enforcement—arrest warrants for absconding defendants 40 2600 Interpleader—application by stakeholder 41 2606 Interpleader—failure to give notice of claim 42 2608 Interpleader—admission of claim 43 2609 Interpleader—enforcement officer’s interpleader 44 3049, if on the registrar’s Administration bond—addition or reduction after required but before given 45 3050, if on the registrar’s Administration bond—addition or reduction after given 46 3051 Administration bond—proceeding on bond 47 3052 Administration bond—application by surety 48 3069 (1) to (5) Caveat—setting aside 49 3071 Caveat—leave to withdraw 50 3081 Revocation of grant—application 51 3092 (2) Division 3.1.9 proceeding—starting item 52 3114 Failure of executor to prove will— Administration and Probate Act, s 25 53 3115 Failure by executor, administrator or trustee to comply with beneficiary’s request etc 54 3116 Grant of administration—grant to child 55 pt 3.2 Adoption 56 pt 3.5 Cross-vesting 57 3359 Disputed election—particulars of contested ballot papers 58 3362 Disputed election—substitution of plaintiff 59 3481 Registration of judgment—application to set aside 60 pt 3.9 Habeas corpus 61 3564 Judicial review—stay or dismissal of application for statutory order of review on return date 62 3566 Judicial review—power of the court to stay or dismiss applications in certain circumstances 63 4020 Criminal proceedings—failure of individual to item 64 4021 Criminal proceedings—failure of corporation to 65 4050 (1) (b) Criminal proceedings—production of person in custody 66 4721 Supreme Court bail application in relation to 67 4722 Supreme Court bail application by informant 68 4723 Supreme Court application for review of bail by unrepresented accused person 69 4750 Supreme Court criminal proceedings— application to set aside or stay proceeding 70 4751 Supreme Court criminal proceedings— application for separate trials 71 4752 Supreme Court criminal proceedings—other pre-trial applications 72 part 5.2 Appeals from registrar 73 5054 Appeals to Supreme Court—stay and reinstatement 74 5055 Appeals to Supreme Court—security for costs 75 div 5.3.2 Appeals to Supreme Court—leave to appeal item 76 div 5.3.3 Appeals to Supreme Court—leave to appeal out of time 77 5101 Appeals to Supreme Court—requirements for notice of appeal etc 78 5112 Appeals to Supreme Court—cross-appeal 79 5115 Appeals to Supreme Court—notice of contention 80 5140 Appeals to Supreme Court—absence of party 81 5171 Appeals to Supreme Court—discontinuance of 82 5172 Appeals to Supreme Court—competency of 83 5173 Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent 84 5174 (4) Appeals to Supreme Court—dismissal by consent 85 5191 Appeals to Supreme Court—want of prosecution of appeal 86 5193 Further evidence on appeal to Supreme Court— Magistrates Court Act 1930, s 214 87 5301 Appeals to Court of Appeal—stay and reinstatement item 88 5302 Appeals to Court of Appeal—security for costs 89 div 5.4.2 Appeals to Court of Appeal—leave to appeal from interlocutory orders 90 div 5.4.3 Appeals to Court of Appeal—leave to appeal out of time from final judgments 91 5403 Appeals to Court of Appeal—requirements for notice of appeal etc 92 5405 Appeals to Court of Appeal—time for filing notice of appeal 93 5413 Appeals to Court of Appeal—cross-appeal 94 5416 Appeals to Court of Appeal—notice of contention 95 5441 Appeals to Court of Appeal—absence of party 96 5471 Appeals to Court of Appeal—discontinuance of 97 5472 Appeals to Court of Appeal—competency of 98 5473 Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent 99 5510 (2) and (3) (b) Appeals to Court of Appeal—registrar’s decision on application for leave to appeal out of time against conviction or sentence item 100 5531 Appeals to Court of Appeal—grounds of appeal against conviction or sentence 101 5532 Appeals to Court of Appeal—trial judge’s report for appeal against conviction or sentence 102 5535 (1) (b) Appeals to Court of Appeal—order for production of prisoner 103 5536 Appeals to Court of Appeal—fine paid to be kept pending appeal 104 5603 Appeals to Court of Appeal—want of prosecution of appeal 105 5606 Appeals to Court of Appeal—further evidence on appeal 106 pt 5.5 Orders to review Magistrates Court decisions 107 5751 Reference appeals to Supreme Court— application for reference appeal 108 5754 Reference appeals to Supreme Court— discontinuance of reference appeal 109 5774 Reference appeals to Court of Appeal— discontinuance of reference appeal 110 5804 Special case to Supreme Court—person with legal disability item 111 5807 Special case to Supreme Court—insufficient statement of case 112 5833 Special case to Court of Appeal—preparation and settling 113 6142 (3) (c) Rejecting documents—abuse of process etc 114 6522 Application for leave to serve subpoena in New 115 6524 Application for leave to serve subpoena in New Zealand need not be served etc 116 6762 Custody of exhibits after proceeding 117 6816 Appointment of examiner 118 6817 Documents for examiner 119 6904 Mandatory order to registrar etc 120 6906, if order or certificate of judge 121 pt 6.10A Trans-Tasman proceedings Part 5.2 Jurisdiction related to Corporations Act exercisable by registrar of Supreme Court item 1 1.8 power to give directions 2 2.13 power to grant leave to creditor, contributory or officer to be heard in proceeding or be added as a defendant, etc 3 2.14 power to direct an inquiry in relation to a corporation’s debts, etc 4 section 227 power to declare that conditions prescribed by division 3 of part 2E.1 have been satisfied 5 sections 247A and 247B power to order inspection of books and to authorise use and copying of information 6 section 252E power to order meeting of members of registered scheme 7 section 266 (4) power to extend period for lodgment of notice in relation to charge item 8 section 267 (3) power to give leave to enforce charge 9 section 274 power to rectify register of charges 10 section 283AE (2) (a) power to appoint body corporate as trustee for debenture holders 11 section 283EC power to make an order for meeting of debenture holders to direct trustee 12 section 283HA power to give directions or determine any questions of application of trustee for debenture holders 13 section 283HB (1) power to make an order in relation to borrowing corporations 14 section 283HB (1) (c) power to order security for debentures to be enforceable 15 section 411 3.3 3.4 3.5 to administration of compromise or arrangement etc item 16 section 418A power to make declaration about validity of controller’s appointment and in relation to control of property 17 section 419 power to make order relieving person who incurs liability in belief that properly appointed as a receiver 18 section 419A power to relieve controller from liability 19 section 420B power to authorise managing controller to dispose of property despite prior charge 20 section 420C power to authorise receiver to carry on corporation’s business during the winding-up 21 section 423 4.1 power to inquire into conduct of controller 22 section 424 power to give directions in relation to controller’s functions and powers 23 section 425 9.1 power to fix amount of remuneration of a receiver 24 section 429 (3) power to extend time for report item 25 section 434B power to remove redundant controller 26 section 438D power to direct administrator to give a report 27 section 439A (6) power to extend the convening period fixed by subsection 439A (5) 28 section 440B power to grant leave to enforce a charge if an administrator has been appointed 29 section 440C power to grant leave to take possession of property 30 section 440D power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property 31 section 440F power to grant leave to begin or proceed with enforcement process in relation to the property of a company 32 section 440G (7) power to authorise a court officer to take action or to make a payment that would be prohibited item 33 section 440J power to grant leave to take enforcement action under a guarantee 34 section 441D power to limit powers of chargee in relation to charged 35 section 441H power to limit powers of receiver etc in relation to property used by company 36 section 442C power to grant leave to administrator to dispose of encumbered property 37 section 443B (8) power to grant relief of administrator from personal liability for rent 38 section 444B (2) power to extend time for execution of deed of company 39 section 444C (2) power to grant leave to act inconsistently with deed of company arrangement item 40 section 444E (3) power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company 41 section 444F power to order secured creditor or owner or lessor of property not to take certain actions 42 section 445B power to make an order cancelling a variation of a deed 43 section 445D power to make order terminating a deed of company 44 section 445G power to avoid or validate deed 45 section 447A power to make order to bring administration to an end 46 section 447B power to make order to protect interests of company’s creditors during an administration item 47 section 447C power to declare whether administrator is validly appointed 48 section 447D power to give directions to administrator 49 section 447E power to make order about supervision of administrator of company or deed of company 50 section 449B power to make order about removal and appointment of administrator 51 sections 449C and 449D to vacancy in office of administrator of company or in office of administrator of deed 52 section 449E (1) (c) and (1A) (c) 9.2 power to determine administrator’s remuneration 53 section 449E (2) 9.2A power to review administrator’s remuneration 54 sections 459F, 459H, 459J, 459L, 459M and 459N to statutory demands item 55 sections 459A, 459B (except in relation to applications under part 2F.1), 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B (except in relation to applications under part 2F.1) pt 6.5 power to make orders in relation to winding-up 56 section 468 power in relation to validation of disposition of property 57 section 468A power in relation to authorisation of transfer of shares 58 section 470 (2) (b) power to direct service of copy of order on another person 59 section 471B power to give leave to begin or proceed with proceeding or enforcement process 60 section 472 5.5 6.1 power to appoint official liquidator (provisionally or otherwise) item 61 section 473 (1) 7.1 power to remove liquidator 62 section 473 (2) 9.3 power to determine provisional liquidator’s remuneration 63 sections 473 (3) 9.4 power to determine liquidator’s remuneration 64 sections 473 (5) and (6) 9.4A power to review liquidator’s remuneration 65 section 473 (7) 7.2 power to fill vacancy in office of official liquidator 66 section 473 (8) power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court 67 section 474 (2) power to order that property vest in liquidator 68 section 475 (8) 7.3 power to grant leave for payment of costs and expenses incurred in preparing report under section 475 69 section 479 power to give directions in matters arising in winding-up 70 section 480 7.5 power to release liquidator and deregister company item 71 section 481 7.7 power to order preparation of report on accounts of liquidator 72 section 482 power to make an order— (a) to stay the winding up of a company either indefinitely or for a limited time; or (b) to terminate the winding up of a company on a day specified in the order 73 section 483 (1) power to require payment of money or transfer of property 74 section 483 (2) power to order payment of money 75 section 483 (3) 7.8 power to order payment of a call 76 section 483 (4) power to order payment of amount due into a bank named in the order 77 section 484 8.1 8.2 8.3 power to appoint special manager 78 section 486 power to make order for inspection of books by creditors or contributories item 79 section 488 (2) 7.9 power to grant leave to distribute a surplus 80 section 490 power to grant leave to company to wind up voluntarily 81 section 495 (4) power to make order in relation to conduct of meeting in course of members’ voluntary winding-up 82 section 496 (3) power to order that list of creditors be sent to creditors in members’ voluntary winding- up 83 section 497 (3) power to order that list of creditors be sent to creditors in creditors’ voluntary winding- up 84 section 500 power to make order about execution and civil 85 section 502 7.2 power to appoint liquidator 86 section 503 power to remove liquidator item 87 section 504 9.4A power to review liquidator’s remuneration in voluntary winding-up 88 section 507 (6) power to sanction resolution to accept shares as consideration for sale of property of company 89 section 507 (9) power to give directions necessary for arbitration 90 section 507 (10) power to approve liquidator’s exercise of powers in creditors’ voluntary winding-up 91 section 509 (6) power to order ASIC to deregister company on specified day 92 section 510 (3) power to settle dispute about value of security or lien or amount of debt or set-off 93 section 511 (1) (a) power to decide question in winding-up of company 94 section 511 (1) (b) power to make order in relation to an application to the court to exercise powers which might be exercised if a company were being wound up by the court item 95 section 532 (2) power to grant leave for person to be appointed as liquidator 96 section 536 7.11 11.2 11.8 to supervision of liquidators 97 section 542 (3) (a) power to give directions in relation to destruction of books of company 98 section 543 (1) power to make order about the investment of surplus funds 99 section 544 (2) power to order account of funds in hands of liquidator, audit or payment of money by liquidator 100 section 545 power to direct liquidator to incur particular expense 101 section 551 power to give leave for member of committee of inspection to accept extra benefit etc 102 section 552 power to give direction or permission if no committee of inspection is appointed item 103 section 554A 14.1 power to estimate or determine value of debts and claims of uncertain value in liquidation 104 section 554G power to grant leave to secured creditor to amend valuation of security in proof of debt 105 section 564 power to make order in favour of creditors who give company indemnity for costs of litigation 106 sections 568, 568B, 568E and 568F 10.2 power to make order in relation to disclaimer of onerous 107 sections 583 and 10.3 power in relation to winding up Part 5.7 bodies 108 sections 596A, 596B, 596F, 597, 597A and 597B 11.3 11.6 11.7 11.9 to examinations 109 sections 600A to 600D to creditor’s resolutions 110 section 601AH (2) power to order reinstatement of registration of company item 111 section 601AH (3) power to— (a) validate anything done between deregistration of a company and its reinstatement; and (b) make any other order the court considers 112 section 601BJ (2) power to approve modification in constituent documents of registered company 113 section 601CC (9) power to order restoration of name of registered Australian body to the Register 114 section 601CL (10) power to order restoration of name of registered foreign company to the Register 115 section 1071D (4) 12.2 power to make order in relation to a person summoned 116 section 1071F power to make an order in relation to a company’s refusal to register a share transfer 117 section 1071H (6) power to make an order to remedy default in issuing certificate etc item 118 section 1274 power to make order if failure to give, amend etc document 119 section 1303 power to order that books be available for inspection 120 section 1319 power to give directions in relation to meetings 121 section 1321 14.1 power to make order in appeal from decision of administrator, receiver or liquidator 122 section 1322 power to make order in relation to irregularities 123 section 1325D power to make order where contravention of a provision of chapter 6 due to inadvertence 124 section 1335 power to make order about costs Jurisdiction related to ASIC Act exercisable by registrar of Supreme Court Part 5.3 Part 5.3 Jurisdiction related to ASIC Act exercisable by registrar of item provision of the ASIC Act rule description (for information only) 1 section 79 (4) power to extend period to give notice of intention to have statements made at examination admitted Part 5.4 Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Magistrates Court (see r 6251) item 1 282 Person with legal disability—approval of settlement etc 2 317 Third party—extent bound by judgment between plaintiff and defendant 3 716 Disposal of property other than land 4 729 Division 2.9.4 order without notice etc 5 730 Division 2.9.4 order without trial 6 sdiv 2.9.4.2 745 (Freezing 7 sdiv 2.9.4.3 755 (Search Search orders 8 1240 Application—div 2.12.3 9 1241 Service of expert reports Part 5.4 item 10 1243 Expert evidence to be covered by expert report 11 1246 Tender of expert report 12 1505 Trial—defendant or plaintiff not appearing 13 1521 Separate decisions on questions—order 14 1530 Assessors 15 1531 Referee—referral of question etc to 16 1532 Referee—appointment 17 1533 Referee—amendment of order referring question etc 18 1536 Referee—report 19 1537 Referee—proceeding on report 20 1548 Partial judgment for damages to be assessed 21 1607 Orders—certified duplicate 22 1617 Payment into court—amount recovered by person with legal disability 23 1855 Costs—review by court 24 2220 Seizure and sale order—sale at best price obtainable item 25 2443 Enforcement—undertakings 26 2501 Contempt—applications generally 27 2600 Interpleader—application by stakeholder 28 2606 Interpleader—failure to give notice of claim 29 2608 Interpleader—admission of claim 30 2609 Interpleader—enforcement officer’s interpleader application 31 3918 (4) Application for arbitration—discontinuance 32 3924 Arbitration—party may be represented 33 3928 (4) Arbitration—service of medical reports 34 3930 Arbitration—doctor’s evidence to be covered by medical report 35 3933 (2) Arbitration—tender of medical report 36 3934 Arbitration—party may apply for medical referee etc 37 3937 Arbitration—assessment of worker by medical referee 38 3952 (4) Conduct of arbitration—directions and orders if remedy against employer and stranger Part 5.4 item 39 3960 (2) Arbitration—payment on worker’s acceptance 40 3961 (3) Arbitration—payment on dependant’s etc acceptance 41 3962 (3) Arbitration—no prompt acceptance of submission or payment 42 3965 (1) Arbitration—setting aside or amending award 43 3967 (1) Registered agreement—application for amendment or cancellation 44 4020 Criminal proceedings—failure of individual to 45 4021 Criminal proceedings—failure of corporation to comply with subpoena etc 46 4050 (1) (b) Criminal proceedings—production of person in custody 47 part 5.2 Appeals from registrar 48 6142 (3) (c) Rejecting documents—abuse of process etc 49 6613 Documents and things in custody of court 50 6762 Custody of exhibits after proceeding 51 6816 Appointment of examiner 52 6817 Documents for examiner item 53 6904 Mandatory order to registrar etc 54 6906, if order or certificate of magistrate 55 pt 6.10A Trans-Tasman proceedings Rule 1.1 (see r 3270) 1.1 Name of rules The rules in this schedule are the Corporations Rules. 1.2 Note These rules do not include a r 1.2. rules are consistent with the uniform corporations rules. 1.3 Application of sch 6 and provisions of these rules (1) Unless the Supreme Court otherwise orders— (a) this schedule applies to a proceeding in the court under the Corporations Act, or the ASIC Act, that is started on or after