3Repeal and saving

3 Repeal and saving (1) The Rules of Court in force immediately before the commencement of these rules regulating the practice and procedure in the High Court of Australia are repealed. (2) The repeal effected by the last preceding subrule does not affect the validity of any proceedings taken under the Rules of Court so repealed, or a right, privilege, obligation or liability acquired, accrued or incurred under any of those Rules, or a legal proceeding or remedy in respect of such a right, privilege, obligation or liability. 4 Pending proceedings etc A proceeding pending and a judgment, decree or order given or made before the commencement of these rules, being of a kind to which these rules apply, shall be treated as if pending, given or made under these rules, and may be proceeded with, enforced, varied, reversed or otherwise dealt with accordingly, subject to any special order or direction made or given by a Justice in a particular case. 5 Interpretation In these rules, unless the contrary intention appears: > Act means: (a) an Act of the Parliament of the United Kingdom which is in force in the Commonwealth or in a part of the Commonwealth; (b) an Act of the Parliament of the Commonwealth; (c) an Act of the Parliament of a State; and (d) an Ordinance in force in a State or Territory. > action means a civil proceeding commenced by writ or in such other manner as is prescribed by Rules of Court, but does not include a criminal proceeding by the Crown. > address for service means an address which complies with the provisions of Order 4 of these rules. > administrator includes an officer or agent of the Commonwealth, or of a State or Territory, authorized under the law of the Commonwealth, or of a State or Territory, to administer the estate of a deceased person. > Admiralty action means a proceeding instituted in the Court in the exercise of the jurisdiction conferred on it by or under the Colonial Courts of Admiralty Act, 1890. > Attorney-General means the Attorney-General of the Commonwealth. > body politic includes the Crown in right of the Commonwealth or of a State, and also in right of a part of the Queen’s dominions other than the Commonwealth, including the Crown in right of the United Kingdom. > cause includes a suit and criminal proceedings. > Chief Justice includes a Justice upon whom the powers and duties of the Chief Justice devolve for the time being. > committee includes a person entrusted under the law of the Commonwealth, or of a State or Territory, with the care or management of the person or estate of a person of unsound mind. > Commonwealth means the Commonwealth of Australia, and includes a Territory. > the Court means the High Court of Australia. > defendant includes a person against whom relief is sought by originating process. > District Registrar means an officer of a State or Territory who performs on behalf of the Court at any office of the Registry in such State or Territory any function under section 30 of the High Court of Australia Act 1979. > District Registry means an office of the Registry located elsewhere than at the seat of the Court. > document includes book, map, plan, drawing and photograph. > existing means existing immediately before the commencement of these rules. > file means file in a Registry, and filed and filing have corresponding meanings. > formerly, when used in relation to the Courts or the law or practice in England, means immediately before the date of the commencement of the Supreme Court of Judicature Act, 1873, namely the first day of November, 1875, and, when used in relation to the High Court or the practice or procedure in the High Court, means immediately before the commencement of these rules, and former has a corresponding meaning. > issue of fact includes the assessment of damages in a cause or matter. > Judiciary Act means the Judiciary Act 1903-1979. > Justice or single Justice means a Justice of the Court, including the Chief Justice, and includes: (a) a Justice sitting in Court or in Chambers; (b) a Justice sitting in Court or elsewhere as in Chambers; (c) a Justice sitting in a place otherwise than as a Court or as a member of a Court; and (d) a Justice sitting with a jury or with an assessor or assessors; and in the expressions Court or Justice and Court or a Justice means a Justice of the Court sitting in Chambers. > Law Officer means the Attorney-General or the Solicitor-General of the Commonwealth or of a State, as the case requires. > Marshal means the Marshal of the Court, and includes a Deputy Marshal and any other officer or person bound or entitled to discharge the duties and perform or execute the functions or office of the Marshal or a Deputy Marshal. > oath and affidavit include affirmation and statutory declaration, and swear includes affirm and declare. > officer includes Registrar. > order includes rule made by a Court or judge. > original proceeding means a proceeding in the Court which is not a proceeding in a pending cause or matter, and includes a cause and a summons in an interpleader proceeding. > originating process means writ of summons or other summons by which a cause or matter is commenced. > originating summons means a summons other than a summons in a pending cause or matter. > party and parties include as well as the plaintiff and defendant: (a) a person not originally a party against whom a counterclaim is set up or who has been served with notice to appear under any of these rules; and (b) a person served with notice of or attending a proceeding although not named on the record or in the process. > person includes corporation and body politic. > person of unsound mind includes a person in respect of whom there has been made, given or taken under the law of the Commonwealth or of a State or Territory an order, certificate or proceeding in consequence of which, under that law, that person, or property of that person, is, by reason of his mental infirmity, committed to the care, management or control of some other person. > plaintiff includes a person seeking relief against another person by a form of proceeding in a Court. > prescribed means prescribed by Rules or by an Act or law. > Principal Registrar means the Registrar. > Principal Registry means the office of the Registry located at the seat of the Court. > proceeding includes action, cause, matter and suit. > proper officer, when used in relation to an officer of the Court, means an officer ascertained as follows: (a) where a duty or function to be discharged or performed under an Act or these rules is a duty or function which has, before the commencement of these rules, been discharged or performed by an officer, that officer shall, unless otherwise provided by these rules and subject to any direction given by the Chief Justice, continue to be the proper officer to discharge or perform that duty or function; (b) where a new duty or function is, under an Act or these rules, to be discharged or performed, the proper officer to discharge or perform the same shall be the officer directed by these rules, or, if there is no such officer, then such other officer as is from time to time directed to discharge or perform the duty or function by the Chief Justice, or, subject to any other direction by the Chief Justice, by a Registrar pursuant to these rules; (c) where a doubt arises as to the proper officer to discharge a duty or perform a function, the proper officer shall be such officer as is directed by the Chief Justice to perform the duty or perform the function. > receiver includes consignee or manager appointed by or under an order of the Court. > Registrar means the Registrar appointed under section 26 of the High Court of Australia Act 1979 and includes a Deputy Registrar so appointed. > Registry, a Registry and any Registry mean the Registry established under section 30 of the High Court of Australia Act 1979 and include each office of the Registry. > Rules, these rules or rules of Court means these rules, and includes: (a) any forms, fees and costs referred to in these rules; and (b) any other rules of Court, forms, fees and costs made or prescribed in amendment of, or in addition to, these rules. > seal and seal of the Court mean the seal of the Court referred to in section 32 of the High Court of Australia Act 1979 and include such other seal as is prescribed by these rules. > sealed means sealed with the seal of the Court referred to in section 32 of the High Court of Australia Act 1979 or such other seal as is prescribed by these rules. > State means a State of the Commonwealth. > sue means commence or take part in proceedings as plaintiff, petitioner or applicant. > suit includes an action or original proceeding between parties. > the Registry in which the proceeding is commenced and the Registry in which the matter is then pending and words to the like effect mean “the office of the Registry at which the proceeding was lodged or issued”. > trial includes hearing. > United Kingdom means the United Kingdom of Great Britain and Northern Ireland, or of Great Britain and Ireland, as the case requires. > writing includes printing and typewriting and other similar methods of producing words in a visible form and written has a corresponding meaning. 6 Reference to Acts etc Where the provisions of an Act, or of these rules, referred to in these rules, have been amended, or repealed and re-enacted with or without modification, by a subsequent Act or Rules, reference in these rules to the provisions so amended or repealed shall, unless the contrary intention appears, be construed as reference to the provisions as amended or re-enacted. II Commencement and title of proceedings 7 Commencement of proceedings (1) Proceedings commenced by writ of summons shall be called actions. (2) If there is not an applicable provision providing for the manner of commencement of particular proceedings, they may be commenced in a manner directed by a Justice. 8 Title of proceedings (1) A proceeding in the Court shall be entitled “In the High Court of Australia”. (2) There shall be added below the words “In the High Court of Australia” the location of the office of the Registry in which the proceeding was commenced. Order 2 Writs of summons 1 Endorsement of claim A writ of summons shall, before it is issued, be endorsed with a concise statement of the nature of the claim made and of the relief or remedy required in the action. 2 Costs of prolix writs Any costs occasioned by the use of any forms of writs, and of endorsements thereon, other than, or more prolix than, the forms prescribed, shall be borne by the party using them unless the Court or a Justice otherwise directs. 3 Form of writ The writ of summons for the commencement of an action shall, except where a different form is required by these rules, be in one of the forms numbered 1 and 2 in the First Schedule, with such variations as the circumstances require. 4 Leave to issue out of Commonwealth A writ of summons or other originating process for service out of the Commonwealth, or of which notice is to be given out of the Commonwealth, shall not be issued without the leave of the Court or a Justice. 5 Form of writ for service out of the Commonwealth (1) A writ of summons to be served out of the Commonwealth, or of which notice is to be given out of the Commonwealth, shall be in one of the forms numbered 3 and 4 in the First Schedule, with such variations as the circumstances require. (2) The notice shall be in the form numbered 5 in the First Schedule, with such variations as the circumstances require. 6 Admiralty action The writ of summons in an Admiralty action in rem shall be in the form numbered 10 in the First Schedule, with such variations as the circumstances require. 7 Dating and testing of writs A writ of summons and (unless by these rules or by any law it is otherwise provided) every other writ or originating process shall bear date on the day on which it is issued and shall be tested in the name of the Chief Justice. Order 3 Endorsement of claim 1 Endorsement under Order 2, rule 1 In the endorsement required by Order 2, rule 1, it is not essential to set forth the precise ground of complaint or the precise remedy or relief to which the plaintiff considers himself entitled. 2 Forms of endorsement The endorsement of claim shall be in such concise form as the nature of the case requires. 3 Endorsement to show representative capacity If the plaintiff sues, or the defendant or any of the defendants is sued, in a representative capacity, the endorsement shall show in what capacity the plaintiff or defendant sues or is sued. 4 Endorsement where the claim is liquidated (1) In an action in which the plaintiff’s claim is for a debt or liquidated demand only, the endorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of that demand and for costs respectively, and shall further state that, upon payment of that amount within the time allowed for appearance, further proceedings will be stayed. (2) The statement shall be as in the form numbered 2 in the First Schedule. (3) The plaintiff shall be at liberty to state for costs a sum of Twelve dollars sixty cents. If judgment is entered in the action in default of appearance in pursuance of Order 12, rule 3, the amount of costs included in the judgment shall be the said sum of Twelve dollars sixty cents together with Eight dollars forty cents for costs of judgment in addition to mileage. (4) Unless the writ is endorsed with the amounts mentioned in subrule (3), the defendant notwithstanding that he has paid such costs may have the costs taxed, and if more than one-sixth is disallowed the plaintiff’s solicitor shall pay the costs of taxation. 5 Ordinary account Where the plaintiff, in the first instance, desires to have an account taken, the writ of summons shall be endorsed with a claim that an account be taken. 6 Libel In an action for libel, the endorsement on the writ shall state sufficient particulars to identify the publications in respect of which the action is brought. Order 4 Endorsement of address 1 Where plaintiff sues by solicitor (1) The solicitor of a plaintiff suing by a solicitor shall endorse upon the writ of summons the address of the plaintiff and also his own name and place of business or the name of his firm and its place of business. (2) Where the place of business so endorsed is not more than three miles from the office of the Registry in which the proceeding is commenced, it shall be the address for service of the plaintiff. (3) Where that place of business is more than three miles from the office of that Registry, the solicitor shall also endorse upon the writ the address of a proper place, which is not more than three miles from that office, to be the address for service of the plaintiff. (4) Where the solicitor is acting as agent of another solicitor, he shall add to his own name and place of business, or firm name and its place of business, the name and place of business of the principal solicitor, or the name of the firm of the principal solicitor and its place of business. 2 Where plaintiff sues in person (1) A plaintiff suing in person shall endorse upon the writ of summons his place of residence and his occupation. (2) Where his place of residence is not more than three miles from the office of the Registry in which the proceeding is commenced, it shall be his address for service. (3) Where that place of residence is more than three miles from the office of that Registry, he shall also endorse upon the writ the address of a proper place, which is not more than three miles from that office, to be his address for service. 3 Address for service Notices, pleadings, orders, summonses, warrants and other documents, proceedings and written communications, if not required to be served personally, may be left for the plaintiff at his address for service. 4 Where notice is served in lieu of writ Where notice of a writ of summons or other originating process is to be served on a defendant in pursuance of Order 10, the endorsement required by the preceding rules of this Order shall be made both on the writ, or other originating process, and on the notice. 5 Matters not commenced by writ Where proceedings are commenced otherwise than by writ of summons, the preceding rules of this Order apply to the process by which the proceedings are originated as if it were a writ of summons. Order 5 Issue of, and appearances to, writs of summons and originating processes I Place of issue 1 Writs etc may be issued out of any Registry A writ of summons or other originating process may be issued out of any Registry. 2 Endorsement as to appearance on writs etc issued out of Principal Registry Where a writ of summons or other originating process is issued out of the Principal Registry, and that writ or other process, or notice of that writ or other process, is to be served upon or given to a person, a statement in accordance with the “Memorandum to be subscribed on writs, &c., issued from the Principal Registry” set forth in form numbered 1 in the First Schedule shall appear upon the face of the writ of summons or other process. II General 4 Preparing and printing writs A writ of summons or other originating process shall be prepared by the plaintiff or his solicitor and shall be written, printed or typewritten on paper of the same kind as these rules direct in the case of documents required to be printed. 5 Signing etc by proper officer A writ of summons or other originating process shall be signed, sealed and numbered by the proper officer and shall thereupon be deemed to be issued. 6 Copy of writ etc to be left with proper officer (1) The plaintiff or his solicitor shall, on presenting a writ of summons or other originating process for signing, sealing and numbering, leave with the officer a copy (written, printed or typewritten on paper of the kind specified in rule 4 of this Order) of the writ or other originating process and of all endorsements thereon. (2) The copy shall be signed by or for the solicitor leaving it, or by the plaintiff himself if he sues in person. 7 Filing and marking of copy of writ etc (1) The officer receiving a copy of a writ or other originating process under the last preceding rule shall, on payment of the prescribed fee, file the copy. (2) An entry of the filing of the copy shall be made in a book to be called the Cause Book, or in a book to be called the Court Book, as the case may be, which are to be kept in the Registries in the manner and form in which those books were respectively kept immediately before the commencement of these rules. (3) The action or other proceeding shall be distinguished: (a) by the date of the year and a number in the same manner in which matters were distinguished in those books immediately before the commencement of these rules; and (b) by the name of the Registry out of which the writ of summons or other originating process, as the case may be, is issued. III Admiralty actions 8 Admiralty, arrest warrant after affidavit (1) In an Admiralty action in rem, a warrant for the arrest of property shall be in the form numbered 11 or the form numbered 12 in the First Schedule, with such variations as the circumstances require, and may be issued at the instance of either the plaintiff or the defendant at any time after the writ of summons has issued. (2) Except by leave of the Court or a Justice, a warrant of arrest shall not be issued until an affidavit by the party or his agent has been filed and the provisions of subrules (3), (4) and (5) of this rule complied with. (3) The affidavit shall state: (a) the name and description of the party at whose instance the warrant is to be issued; (b) the nature of the claim or counterclaim; (c) the name and nature of the property to be arrested; (d) that the claim or counterclaim has not been satisfied; (e) that the aid of the Court is required to enforce it; (f) in an action of wages or of possession, the national character of the vessel proceeded against and, if against a foreign vessel, that notice (a copy of which shall be exhibited to the affidavit) of the commencement of the action has been given to a consular officer of the State to which the vessel belongs, if there be one within the Commonwealth; and (g) in an action of distribution of salvage, the amount of salvage money awarded or agreed to be accepted and the name, address and description of the party holding the salvage money. (4) In an action of bottomry, the bottomry bond, and, if it is in a foreign language, a notarial translation of the bond, shall be produced for the inspection and perusal of the Registrar and a copy of the bond, or of the translation of the bond, certified to be correct, shall be exhibited to the affidavit. (5) The solicitor who applies for the issue of the warrant shall lodge an undertaking to pay the fees and expenses of the Marshal. 9 Special circumstances The Court or a Justice may, if it or he thinks fit: (a) allow a warrant of arrest to issue although the affidavit referred to in the last preceding rule does not contain all the required particulars; (b) in an action of wages against a foreign ship, waive the service of the notice; and (c) in an action of bottomry, waive the production of the bond. IV Time for appearance 10 Time for appearance to be limited by writ Where a writ of summons or other originating process is to be served within the Commonwealth, the time to be limited in the writ or other process for the appearance of a defendant shall be: (a) where the place of service is in the State or Territory in which the Registry from which it is issued is situated — fourteen days; (b) where the place of service (not being in Papua, New Guinea or Norfolk Island) is in a State or Territory other than the State or Territory in which the Registry from which it is issued is situated — twenty-one days; (c) where the place of service is in Papua, New Guinea or Norfolk Island — twenty-eight days; and (d) in any other case — three months. V Actions on relation 11 Actions by Attorney-General on relation (1) Where a proceeding is commenced in the name of the Attorney‑General of the Commonwealth or of a State on the relation of a private person, the writ of summons or other originating process, when presented for issue, shall have upon it a fiat under the hand of the Attorney-General concerned directing or approving its issue. (2) A copy of the fiat shall be endorsed upon each copy of the writ of summons or other process to be served. Order 6 Concurrent writs 1 Concurrent writs, how issued etc (1) The plaintiff in an action may, at the time of, or at any time during twelve months after, the issue of an original writ of summons, issue one or more concurrent writ or writs. (2) A concurrent writ shall bear teste of the same day as the original writ, and shall be marked with a seal, impressed upon the writ by the proper officer, bearing the word Concurrent and the date of issue of the concurrent writ. 2 Period during which concurrent writ in force A concurrent writ shall be in force only for the period during which the original writ in the action is in force. 3 Concurrent writs for service within, and outside, the Commonwealth (1) A writ for service within the Commonwealth may be issued and marked as a concurrent writ with a writ for service outside the Commonwealth or a writ of which notice in lieu of service is to be given. (2) A writ for service outside the Commonwealth, or a writ of which notice in lieu of service is to be given, may be issued and marked as a concurrent writ with a writ for service within the Commonwealth. 4 Concurrent originating process Where a proceeding is required or permitted to be commenced otherwise than by writ of summons, the preceding rules of this Order apply, mutatis mutandis, to the issue of a concurrent originating process in that proceeding. Order 7 Disclosure by solicitors and plaintiffs, and change of solicitor 1 Where name of solicitor endorsed on writ (1) A solicitor whose name is endorsed on a writ of summons or other originating process shall, on demand in writing made by or on behalf of a defendant who has been served with or has appeared to the writ or process, forthwith declare in writing whether the writ or other process has been issued by him or with his authority or privity. (2) Where the solicitor fails so to declare within three days after service of the demand, a Justice may order him, within a specified time, so to declare and also to declare the profession or occupation and place of abode of the plaintiff. (3) Where the solicitor declares that the writ or other originating process was not issued by him or with his authority or privity, proceedings upon the writ or other process shall be stayed and further proceedings shall not be taken upon the writ or other process without leave of the Court or a Justice. 2 Change of solicitor (1) Subject to the provisions of Order 16, rule 36, subrule (2), a party suing or defending by a solicitor may change his solicitor in a proceeding without an order for that purpose. (2) Subject to rules 6 and 7 of this Order, the former solicitor shall be considered the solicitor of the party until the final conclusion of the proceeding before the Court, whether on appeal or otherwise, unless and until: (a) notice of a change of solicitor is filed in the Registry in which the proceeding is then pending; and (b) a copy of the notice, endorsed with a memorandum stating that the notice has been duly filed and the name of the Registry in which it has been filed, is served on each other party to the proceeding, other than a party in default as to entry of appearance. (3) A notice under the last preceding subrule shall be signed by the new solicitor and shall state his place of business. (4) Where that place of business is not more than three miles from the office of the Registry in which the proceeding is pending, it shall be the address for service of the party. (5) Where that place of business is more than three miles from the office of that Registry, the notice shall also state the address of a proper place, which is not more than three miles from that office, to be the address for service of the party. (6) Notices, pleadings, orders, summonses, warrants and other documents, proceedings and written communications, if not required to be served personally, may be left for the party at his address for service. 3 Notice of appointment of solicitor (1) Where a party, after having sued or defended in person, appoints a solicitor to act on his behalf in a proceeding, he may give notice of that appointment. (2) The provisions of the last preceding rule relating to a notice of change of solicitor and to service apply, with the necessary modifications, in the case of notice of appointment of a solicitor. 4 Notice of intention to act in person (1) Where a party, after having sued or defended by a solicitor, intends to act in person, he may give notice stating his intention to act in person and giving an address for service. (2) The provisions of rule 2 of this Order relating to a notice of change of solicitor apply, with the necessary modifications, to a notice of intention to act in person. 5 Power to act through new solicitor A party giving notice under rule 2 or rule 3 of this Order may perform the duties prescribed by those rules in person or through his new solicitor. 6 Removal of solicitor from the record at the instance of another party (1) Where a solicitor who has acted for a party in a proceeding: (a) has died; (b) has become bankrupt; (c) cannot be found; (d) has failed to take out a practising certificate, where one is required, or to register as a practitioner, in the High Court; or (e) has ceased to have the right to practise in the High Court; and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of this Order, another party to the proceeding may, on notice to be served on the first-named party personally, or by pre-paid post letter addressed to his last-known place of address, unless the Court or a Justice otherwise directs, apply to the Court or a Justice for an order declaring that the solicitor has ceased to be the solicitor acting for the first-named party in the proceeding, and the Court or Justice may make an order accordingly. (2) Where an order is made under the last preceding subrule, the party on whose application the order was made shall: (a) serve on each other party to the proceeding (other than a party in default as to entry of appearance) a copy of the order; (b) procure the order to be filed in the Registry in which the proceeding is then pending; and (c) leave at that Registry a certificate signed by the applicant or his solicitor that the order has been duly served. (3) Where the party on whose application the order was made has complied with the last preceding subrule, the party against whom the order was made shall either appoint another solicitor or give notice of intention to act in person in accordance with the provisions of this Order, and, in default of his so doing, documents in respect of which personal service is not required may be served on the party so in default by being filed in the Registry. (4) An order made under this rule does not affect the rights or liabilities of a solicitor and the party for whom he acted as between themselves. 7 Withdrawal of solicitor who has ceased to act for a party (1) Where a solicitor who has acted for a party in a proceeding has ceased so to act and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of this Order, the solicitor may, on notice to be served on the party personally or by pre-paid post letter addressed to his last-known place of address, unless the Court or a Justice otherwise directs, apply to the Court or a Justice for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the proceeding, and the Court or Justice may make an order accordingly. (2) Where an order is made under the last preceding subrule, the solicitor on whose application the order was made shall: (a) serve on each party to the proceeding (other than a party in default as to entry of appearance) a copy of the order; (b) procure the order to be filed in the Registry in which the proceeding is then pending; and (c) leave at that Registry a certificate signed by him that the order has been duly served; and, in default of his so doing, and subject to rules 2, 4 and 6 of this Order, he shall be considered the solicitor of the party for whom he has acted to the final conclusion of the proceeding before the Court, whether on appeal or otherwise. (3) Where: (a) an order made under this rule has been filed in the appropriate Registry; and (b) the party to whom the order relates has not appointed another solicitor or given notice of intention to act in person in accordance with the provisions of this Order; a document in respect of which personal service is not required may be served on that party by being filed in that Registry. (4) An order made under this rule does not affect the rights or liabilities of a solicitor and a party as between themselves. 8 Solicitor not to act for adverse parties A solicitor shall not act in a proceeding for plaintiff and defendant or for any two or more defendants having adverse interests in a matter. Order 8 Renewal of writs 1 Original writ in force for 12 months (1) Subject to the next succeeding subrule, an original writ of summons shall not be in force for more than twelve months from the day of the date of the writ, including the day of that date. (2) Where a defendant named in an original writ has not been served with the writ, the plaintiff may, before the expiration of twelve months from the day of the date of the writ, apply to the Court or a Justice for leave to renew the writ and the Court or Justice, if satisfied that reasonable efforts have been made to serve the defendant, or for other good reason, may order that the original or concurrent writ be renewed for six months from the date of the renewal inclusive, and so from time to time during the currency of the renewed writ. (3) Where an order is made under the last preceding subrule, the writ shall be renewed by being marked with a seal bearing the word Renewed and the date of the day, month and year of the renewal. (4) A writ so renewed shall remain in force, and be available to prevent the operation of a law whereby the time for the commencement of the action is limited, and for all other purposes, from the date of issue of the original writ of summons. (5) A seal for the purpose of marking writs in accordance with this rule shall be provided and kept for that purpose at each Registry and shall be impressed upon the writ by the proper officer upon delivery to him by the plaintiff or his solicitor of a memorandum in the form numbered 13 in the First Schedule, with such variations as the circumstances require. 2 Evidence of renewal The production of a writ of summons purporting to be marked with the seal of the Court showing the writ to have been renewed in accordance with this Order is sufficient evidence of its having been so renewed and of the commencement of the action as of the first date of the renewed writ for all purposes. 3 Lost writ Where a writ or other originating process, of which the production is necessary, has been lost, the Court or a Justice, upon being satisfied of the loss and of the correctness of a copy of the writ or other process, may order that the copy shall be sealed in lieu of the original writ or other originating process. Order 9 Service of writs of summons I Mode of service 1 Undertaking to accept service Service of a writ or other originating process upon a party is not required when the solicitor of the party to be served undertakes in writing to accept service and an appearance is entered. 2 When service required, how effected (1) Where personal service is required, the writ or other originating process shall, whenever it is practicable, be served by delivering a copy of the writ or other process, and of the endorsement thereon, and at the same time producing the original. (2) Where it appears to the Court or a Justice that the plaintiff is, from any cause, unable to effect prompt personal service, the Court or Justice may make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as is just. 3 Substituted service An application to the Court or a Justice for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made. II On particular defendants 4 Infant (1) Where an infant is a defendant, service on his father or guardian, or if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Court or a Justice otherwise orders, be deemed good service on the infant. (2) The Court or Justice may order that service made, or to be made, on the infant shall be deemed good service. 5 Persons of unsound mind Where a person of unsound mind is a defendant in a proceeding, service on him shall be effected in such a manner as a Justice directs upon application made supported by affidavit. III On corporations and agents 6 Service on corporations etc Subject to a contrary statutory provision, a writ of summons or other originating process, or notice of a writ or other process, to be served on a corporation aggregate, may be served on the mayor, president or other head officer, or on the town clerk, clerk, treasurer, secretary, manager or other principal officer of that corporation within the Commonwealth. 7 Service on agent (1) Where a contract has been entered into within the Commonwealth by or through an agent residing or carrying on business within the Commonwealth on behalf of a principal residing or carrying on business outside the Commonwealth, a writ of summons in an action relating to or arising out of that contract may, by leave of the Court or a Justice given before the determination of the agent’s authority or of his business relations with the principal, be served on the agent, in lieu of or in addition to service upon his principal. (2) Notice of the order giving leave to serve an agent, and a copy of that order and of the writ of summons, shall forthwith be sent by pre-paid registered post letter to the defendant or defendants at his or their address outside the Commonwealth. IV In particular actions 8 Service in action for recovery of land Service of a writ of summons in an action to recover land may, in case of vacant possession, when service cannot otherwise be effected, be made by posting a copy of the writ upon the door of the dwelling-house or other conspicuous part of the property. 9 Admiralty actions in rem In an Admiralty action in rem, service of a writ or warrant is not required where the solicitor of the defendant agrees in writing to accept service and to put in bail, or to pay money into Court in lieu of bail. 10 Service of warrant of arrest (1) In an Admiralty action in rem, the warrant of arrest shall be served by the Marshal or his deputy. (2) The party issuing the warrant shall, within seven days from its service, file the warrant, endorsed with a certificate of service, in the Registry out of which it was issued. 11 Service of writ or warrant, how effected In an Admiralty action in rem, service of a writ of summons or warrant against a ship, freight or cargo on board shall be effected by nailing or affixing the original writ or warrant for a short time on the mainmast, or on the single mast, of the vessel or on some other conspicuous part of the vessel, and, on taking off the process, leaving a true copy of it nailed or fixed in its place.