15Endorsement after service

15 Endorsement after service Order 10 Service outside the Commonwealth 1 In certain cases service of writ etc allowed outside Commonwealth 2 Agreement as to jurisdiction and mode of service 3 Application to be supported by evidence 4 Order to fix time for appearance 5 Notice of writ 6 Service of notice of writ 7 Service abroad by letter of request 8 Other originating processes 9 Service of Australian documents in Convention countries 10 Validity of other service 11 Air mail 12 British subjects residing outside the Commonwealth 13 Actions under Civil Aviation (Carriers’ Liability) Act 1959 14 Power of Court to cause persons to be informed Order 11 Appearance 1 Appearance in Registry 2 Where defendant does not reside etc in district 3 Mode of entering appearance; memorandum and duplicate 4 Conditional appearance 5 Motion to set aside writ 6 Notice of entry to plaintiff 7 Entry by defendant entitled to enter at Principal Registry 8 Defendant’s address for service 9 Defendant in person 10 Address for service 11 Memorandum irregular, address fictitious 12 Form of memorandum of appearance 13 Officer to enter memorandum 14 Appearance at Principal Registry to be notified to District Registry 15 Defendants appearing by same solicitor 16 Solicitor not entering appearance 17 Bail bond in Admiralty actions 18 Time for filing bond 19 Commissioner in certain cases not to take bail 20 Commission recoverable on taxation 21 Time for appearance 22 Admiralty intervention 23 Recovery of land 24 Landlord appearing 25 Recovery of land, person not named defendant 26 Recovery of land, limiting defence Order 12 Default of appearance 1 Default of appearance by infant or person of unsound mind; notice of application 2 Default of appearance generally 3 Liquidated demand endorsed 4 Liquidated demand; several defendants 5 Detention of goods 6 Detention of goods; several defendants 7 Detention of goods, damages and liquidated demand; final and interlocutory judgment 8 Recovery of land 9 Other claims 10 Plaintiff not proceeding — judgment for costs 11 Setting aside judgment 12 Action in District Registry; time for entering judgment 13 Default of appearance in cases not otherwise specially provided for 14 Default in Admiralty action 15 Default in Admiralty action 16 Default of appearance to originating summons 17 Judgment against one not to prejudice right against other defendant Order 13 Summary relief 1 Special endorsement 2 Judgment on writ specially endorsed under O. III r. 4 3 Application by summons 4 Defendant may show cause 5 Examination of witnesses 6 Judgment for part of claim 7 Where one defendant has good defence, but other not 9 Summary disposal 10 Assessment of damages 11 Directions as to trial 12 Relief from forfeiture 13 Fresh application Order 14 Summary judgment for specific performance 1 Judgment on writ for specific performance 2 Application by summons 3 Defendant may show cause 4 Examination of witnesses 5 Leave to defend 6 Directions as to trial 7 Summary disposal Order 15 Application for an account 1 Order for account 2 Application, how made 3 Judgment without pleadings 4 Evidence 5 Action may be directed to proceed in usual course Order 16 Parties I Generally 1 Persons claiming jointly, severally or in the alternative may be plaintiffs 2 No other proceeding to be brought for same claim 3 Proceeding in name of wrong plaintiff 4 Misjoinder and non-joinder 5 Consent of plaintiff or next friend 6 Counterclaim — misjoinder 7 All persons may be joined as defendants 8 Defendant need not be interested in all the relief 9 Joinder of persons severally, or jointly and severally liable 10 Plaintiff in doubt as to person from whom redress is to be sought 11 Trustees, executors etc may sue and be sued in respect of estate 12 Numerous persons 13 Power to approve compromise 14 Application to add or strike out 15 Where defendant added 16 Actions under Act and Convention 17 Initial letters may be used II Persons under disability 18 Proceedings by infants 19 Persons of unsound mind 20 Appearance by infant 21 Guardian ad litem 22 Other cases 23 Next friend or relator 24 Consent of persons under disability to procedure 25 Removal and appointment of next friend or guardian ad litem III Proceedings by and against poor persons 26 Suing or defending as poor person 27 Disqualification 28 Case before counsel 29 Affidavit in support of application 30 No Court fees payable 31 Order to be filed 32 Memorandum of filing 33 Assignment of counsel or solicitor 34 Prohibition of fees 35 Revoking order 36 Settlement etc and discharge of solicitor 37 Alteration in means of poor person 38 Solicitor to sign notices etc 39 Failure to proceed 40 Costs — poor persons 41 Liability of poor person for costs 42 Costs where order obtained by fraud 43 Costs to solicitor from proceeds of action IV Administration and execution of trusts 44 Appointment of person to represent next of kin or a class 45 Residuary legatee and next of kin 46 Person interested in proceeds of realty 47 Residuary devisee or next of kin 48 Cestuis que trust 49 Waste 50 Executor, administrator or trustee 51 Notice of judgment to be served on certain persons and its effect 52 Order for liberty to attend not necessary, but appearance to be entered 53 Memorandum of service to be entered in the Registry 54 Form of memorandum 55 Service of notice of judgment on infants etc 56 Court may appoint or dispense with legal personal representative 57 Administration — appearance at chambers in respect of creditor’s claims Order 17 Third party procedure 1 Third party procedure 2 Form and issue of notice 3 Effect of notice 4 Appearance 5 Default by third party 6 Where judgment by default against defendant 7 Third party directions 9 At trial 10 Costs 11 Fourth and subsequent parties 12 Co-defendants 13 Counterclaim Order 18 Change of parties by death etc 1 Proceeding not abated where cause of action continued 2 Order to carry on proceeding 3 Service of order to continue proceeding 4 Application to discharge order by person under no disability or having a guardian 5 By person under disability having no guardian 6 Death of sole plaintiff or defendant 7 Solicitor of plaintiff to give notice of abatement 8 Abated proceeding to be struck out Order 19 Joinder of causes of action 1 All causes of action may be joined 2 Claims of trustees in bankruptcy etc 3 Husband and wife 4 Executor and administrator 5 Claims by joint plaintiffs 6 Remedy for misjoinder 7 Order for exclusion Order 20 Pleading generally 1 Pleadings in High Court 2 Delivery of pleadings — costs of prolix pleadings 3 Set-off and counterclaim 4 Pleading to state material facts and not evidence 5 Particulars to be given where necessary 6 Further and better statement or particulars 7 Letter for particulars 8 Particulars before defence 9 Order for particulars when a stay 10 Printing etc of pleadings 11 Delivery of pleadings 12 Marking pleadings 13 “Not guilty by statute” abolished 14 Specific denial 15 Condition precedent 16 What must be specially pleaded 17 Departure 18 Denial to be specific 19 Joinder of issue 20 Evasive denial 21 Denial of contract 22 Effect of documents to be stated 23 Malice, knowledge, condition of mind etc 24 Rolled-up plea 25 Notice 26 Implied contract or relation 27 Presumptions of law 28 Actions for trespass 29 Striking out pleadings 30 Preliminary Act Order 21 Statement of claim 1 Statement of claim 2 Allegation of jurisdiction 3 Claim beyond endorsement 4 Relief to be specifically stated 5 Relief founded on separate grounds 6 Stated or settled account Order 22 Defence and counterclaim 1 Mere denial insufficient 2 Defences to actions on bills etc 3 Defences to actions under Order 13, r. 1 (1) (a) and (b) 4 Pleading to damage 5 Persons in representative capacity 6 Time for delivery of defence 7 Where leave to defend given under Order 13 or 14 8 Proper admissions not made 9 Allowable counterclaim 10 Title on counterclaim 11 Counterclaim against person not party 12 Appearance by added parties 13 Reply to counterclaim 14 Exclusion of counterclaim 15 Discontinuance 16 Judgment for balance 17 Plea in abatement 18 Plea of possession Order 23 Payment into and out of court and tender 1 Payment into Court 2 Plaintiff may take out money 3 Money remaining in Court 4 Several defendants 5 Counterclaim 6 Non-disclosure of payment into Court 7 Payment into Court under certificate 8 Money paid into Court under order 9 Notice of payment in 10 Duty 11 Money recovered by or paid into account for infant or person of unsound mind Order 24 Reply 1 Time for reply 2 Reply to counterclaim 3 Subsequent pleadings — time for pleading after reply 4 New assignment Order 25 Matters arising pending the action 1 New grounds of defence arising 2 Further defence or reply 3 Confession of defence Order 26 Demurrer and objections to pleadings 1 Demurrer 2 Demurrer to state whether the whole or part — frivolous demurrer may be set aside with costs 3 Delivery 4 Demurrer and pleading in one document 5 Leave to plead and demur together not necessary 6 Demurrer to claim founded on document 7 Demurrer not entered for argument to be held sufficient 8 Form of setting down for argument 9 When demurrer required to be heard before Full Court 10 Copy pleadings for Justices 11 Amendment pending demurrer 12 Costs 13 Effect of decision on demurrer going to whole action 14 Where demurrer allowed to part of a pleading, that part is to be deemed to be struck out 15 Demurrer overruled with leave to plead 16 Points of law may be raised by pleadings 17 Dismissal of action 18 Striking out pleading where no reasonable cause of action disclosed 19 Declaratory judgment Order 27 Discontinuance 1 Discontinuance by a party 2 Withdrawal by consent 3 Entering judgment on discontinuance Order 28 Default in pleading 1 Default of plaintiff in delivering statement of claim 2 Claim for debt or liquidated demand 3 Several defendants, default of one 4 Damages — detention of goods 5 Default of one or more defendants 6 Debt or damages and detention of goods or damages 7 Recovery of land 8 Claims joined with claim for recovery of land 9 Where a defence is delivered to part of claim only 10 Admiralty actions in rem 11 Defendant in default 12 One of several defendants default 13 Close of pleadings on default 14 Default of third party 15 Setting aside judgment by default 16 Effect of judgment by default 17 Counterclaims Order 29 Amendment 1 Amendment of endorsement 2 When plaintiff may amend without leave 3 By defendant 4 Disallowance of amendment, application for, within 14 days 5 Pleading to amendment 6 Other cases 7 Failure to amend under order 8 How amendments made 9 Date of order and date of amendment to be marked 10 Delivery of amended document 11 Clerical mistakes and accidental omissions 12 General power to amend 13 Costs Order 30 Caveats and releases in admiralty actions 1 Caveat against warrant to arrest 2 Caveat Warrant Book 3 Search for caveat before issue of arrest warrant in District Registry 4 Writ to be served on party entering caveat 5 Security to be given within 3 days 6 If security not given, action may proceed as on default 7 Judgment may be enforced by attachment and warrant 8 Release 9 Caveat against release 10 Payment into Court 11 Release of cargo arrested for freight only 12 In salvage actions 13 On giving security 14 On consent or discontinuance or dismissal of action 15 Release to be left with Marshal 16 Registrar may require Justice’s order 17 Liability for delaying release 18 Arrest notwithstanding caveat 19 Caveat Payment Book 20 Caveat against payment out of Court 21 Liability for delaying payment 22 Address of caveator 23 Withdrawal of caveats 24 Caveats may be overruled 25 Caveat in Admiralty actions in force for 6 months Order 31 Summons for directions and consolidation 1 Summons for directions 2 Interlocutory proceedings 3 No affidavit to be used without leave 4 Parties to apply for directions 5 Subsequent applications 6 Costs of subsequent applications 7 Consolidation of proceedings Order 32 Discovery and inspection 1 Discovery by interrogatories 2 Further interrogatories by leave 3 Copy to be filed 4 Interrogatories to corporation or body politic 5 Applications to set aside 6 Affidavit in answer, filing 7 Objections to interrogatories by answer 8 Order to answer or answer further 9 Application for discovery of documents 10 Affidavit of discovery 11 Affidavit of documents 12 Production of documents 13 Neglect to make discovery 14 Inspection of documents referred to in pleadings or affidavits 15 Time for inspection when notice given under rule 14; bank and trade books 16 Order for inspection 17 Verified copies 18 Power to order discovery of particular document or class of documents 19 Premature discovery 20 Non-compliance with order for discovery or inspection 21 Service on solicitor of order for discovery 22 Attachment of solicitor 23 Using answer to interrogatories at trial 24 Discovery against Marshal 25 Order to apply to infants Order 33 Admissions and notices to produce 1 Notice of admission of facts 2 Notice to admit documents 3 Notice to admit facts 4 Judgment or order upon admissions of facts 5 Affidavit of signature to admissions 6 Service of notice to produce documents 7 Costs of notice where documents unnecessary Order 34 Issues, inquiries and accounts 1 Issues may be prepared and settled 2 lnquiries and accounts, when directed 3 Special direction as to mode of taking account 4 Accounts to be verified by affidavit and items numbered 5 Mode of vouching accounts 6 Surcharge 7 lnquiry as to outstanding personal estate 8 Accounts and inquiries to be numbered 9 Just allowances 10 Registrar to report delay 11 Expediting proceedings in case of undue delay Order 35 Questions of law and issues of fact without pleadings I Special case 1 Special case by consent 2 Special case by order before trial 3 Special case to be prepared etc 4 Leave to set down where person under disability is a party 5 Form of entry for argument 6 Notice of entry 7 Agreement as to payment of money and costs 8 Special case heard by Full Court in first instance II Issues of fact without pleadings 9 Trial of questions of fact agreed upon 10 Order for payment of sum of money 11 Entry of judgment upon the finding Order 36 Trial I Place 1 Place of trial or hearing 2 Revoking or varying directions as to trial or hearing II Mode of trial 3 Mode of trial 4 Party seeking trial by jury 5 Court may direct trial with jury at any time 6 Questions of fact may be tried differently, one before the other 7 Number of Justices III Notice of and entry for trial 8 Notice of trial by plaintiff 9 Notice of trial by defendant — motion to dismiss for want of prosecution 10 Form of notice of trial 11 Length of notice 12 Entry of cause for trial 13 Avoidance of notice of trial 14 Notice of trial 15 Countermanding notice 16 Entry for trial by party served with notice 17 Entry by Registrar in list 18 Time for entry before commencement of sittings 19 Setting down of causes on further consideration 20 Withdrawal of trial after entering 21 Order of trial IV Papers for Justice