Section 15 - High Court Rules 1952 - Endorsement after service | ZoeCTHRepealedLegislation
High Court Rules 1952
15Endorsement after service
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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
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
2 Judgment on writ specially endorsed under O. III r. 4
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
11 Directions as to trial
12 Relief from forfeiture
Order 14 Summary judgment for specific performance
1 Judgment on writ for specific performance
3 Defendant may show cause
4 Examination of witnesses
Order 15 Application for an account
3 Judgment without pleadings
5 Action may be directed to proceed in usual course
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
13 Power to approve compromise
14 Application to add or strike out
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
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
29 Affidavit in support of application
33 Assignment of counsel or solicitor
36 Settlement etc and discharge of solicitor
37 Alteration in means of poor person
38 Solicitor to sign notices etc
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
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
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
2 Form and issue of notice
6 Where judgment by default against defendant
11 Fourth and subsequent parties
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
4 Executor and administrator
5 Claims by joint plaintiffs
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
8 Particulars before defence
9 Order for particulars when a stay
10 Printing etc of pleadings
13 “Not guilty by statute” abolished
16 What must be specially pleaded
22 Effect of documents to be stated
23 Malice, knowledge, condition of mind etc
26 Implied contract or relation
29 Striking out pleadings
Order 21 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)
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
11 Counterclaim against person not party
12 Appearance by added parties
14 Exclusion of counterclaim
Order 23 Payment into and out of court and tender
2 Plaintiff may take out money
3 Money remaining in Court
6 Non-disclosure of payment into Court
7 Payment into Court under certificate
8 Money paid into Court under order
11 Money recovered by or paid into account for infant or person of unsound mind
3 Subsequent pleadings — time for pleading after reply
Order 25 Matters arising pending the action
1 New grounds of defence arising
2 Further defence or reply
Order 26 Demurrer and objections to pleadings
2 Demurrer to state whether the whole or part — frivolous demurrer may be set aside with costs
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
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
18 Striking out pleading where no reasonable cause of action disclosed
1 Discontinuance by a party
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
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
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
1 Amendment of endorsement
2 When plaintiff may amend without leave
4 Disallowance of amendment, application for, within 14 days
7 Failure to amend under order
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
Order 30 Caveats and releases in admiralty actions
1 Caveat against warrant to arrest
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
11 Release of cargo arrested for freight only
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
20 Caveat against payment out of Court
21 Liability for delaying payment
24 Caveats may be overruled
25 Caveat in Admiralty actions in force for 6 months
Order 31 Summons for directions and consolidation
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
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
18 Power to order discovery of particular document or class of documents
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
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
7 lnquiry as to outstanding personal estate
8 Accounts and inquiries to be numbered
10 Registrar to report delay
11 Expediting proceedings in case of undue delay
Order 35 Questions of law and issues of fact without pleadings
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
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
1 Place of trial or hearing
2 Revoking or varying directions as to trial or hearing
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
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
12 Entry of cause for trial
13 Avoidance of notice of trial
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