28DAYS after being served with this statement of claim:

28 DAYS after being served with this statement of claim: and (b) serve a copy on the plaintiff. IF YOU DO NOT file and serve a notice of defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice. THE PLAINTIFF CLAIMS [set out concise statement of the nature of the claim] particulars of which are set out below, and seeks [set out statement of amount, relief or remedy sought]. *If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without filing and serving a notice of defence you may avoid further costs. PARTICULARS OF CLAIM [set out particulars of claim] [signature of plaintiff Local Court (Civil Jurisdiction) Rules 1998 156 1. This statement of claim was filed: 4. The address of the defendant is: WHAT TO DO WHEN YOU GET A STATEMENT OF CLAIM The person called the plaintiff has a claim against you and wants the Court to decide it. You can: 1. File a notice of defence. You must fill out the form headed "NOTICE OF DEFENCE" that came with this claim explaining why you are not responsible for part or all of the amount the plaintiff claims. This form should be filed with a registrar at the Court and a copy served on the plaintiff. 2. Pay the amount of the claim and the plaintiff's legal costs. If you intend to do this you should contact the plaintiff or the plaintiff's legal practitioner immediately and make arrangements to pay. Make sure you get any agreements in writing. 3. File an application for an instalment order. If you admit you owe the amount claimed but cannot pay it all at once you may apply to the Court for an instalment order. Forms for this are available from the Court office. You must file the original with the Court and serve a copy on the plaintiff. Local Court (Civil Jurisdiction) Rules 1998 157 Warning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE MADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND ADDITIONAL LEGAL COSTS. IF JUDGMENT IS ENTERED AGAINST YOU, THE JUDGMENT DEBT (THE AMOUNT YOU MUST PAY TO THE PLAINTIFF) CARRIES INTEREST FROM THE DATE OF JUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE Local Court (Civil Jurisdiction) Rules 1998 158 and I, of serve the defendant (full name of defendant) with this statement of claim by delivering a true copy of the statement of claim to the defendant at I identified the defendant as follows: Local Court (Civil Jurisdiction) Rules 1998 159 FORM 7B rule 7.02(1)(b) STATEMENT OF CLAIM IN RELATION TO MOTOR VEHICLE COLLISION and This statement of claim has been brought against you by the plaintiff for the claim set out below. 28 DAYS after being served with this statement of claim: and (b) serve a copy on the plaintiff. IF YOU DO NOT file and serve a notice of defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice. THE PLAINTIFF CLAIMS damages arising out of a collision, details of which are set out below. *If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without giving notice of defence you may avoid further costs. PARTICULARS OF CLAIM WHAT IS THE NATURE OF YOUR CLAIM? (e.g. cost of repairs to motor vehicle; cost of repairs to damaged fence.) WHERE DID YOUR CLAIM ARISE? (Give the location of the collision, and in the space below draw a sketch plan of the collision with names of roads, &c., identify your vehicle as "1", the vehicle driven by the defendant as "2" and any other vehicles involved as "3", "4", "5", &c.) WHEN DID YOUR CLAIM ARISE? Local Court (Civil Jurisdiction) Rules 1998 160 HOW DID THE COLLISION HAPPEN? (You must set out here in as much detail as you can how the collision happened and why you believe the defendant is at fault. If the space is insufficient you may attach other sheets.) #HOW MUCH ARE YOU CLAIMING? [signature of plaintiff # You must attach an itemised quotation giving full details of property damage. 1. This statement of claim was filed: 4. The address of the defendant is: WHAT TO DO WHEN YOU GET A STATEMENT OF CLAIM The person called the plaintiff has a claim against you and wants the Court to decide it. Local Court (Civil Jurisdiction) Rules 1998 161 You can: 1. File a notice of defence. You must fill out the form headed "NOTICE OF DEFENCE" that came with this claim explaining why you are not responsible for part or all of the amount the plaintiff claims. This form should be filed with the Court and a copy served on the plaintiff. 2. Pay the amount of the claim and the plaintiff's legal costs. If you intend to do this you should contact the plaintiff or his or her legal practitioner immediately and make arrangements to pay. Make sure you get any agreements in writing. 3. File an application for an instalment order. If you admit you owe the amount claimed but cannot pay it all at once you may apply to the Court for an instalment order. Forms for this are available from the Court office. You must file the original with the Court and serve a copy on the plaintiff. Warning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE MADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND ADDITIONAL LEGAL COSTS. IF JUDGMENT IS ENTERED AGAINST YOU, THE JUDGMENT DEBT (THE AMOUNT YOU MUST PAY TO THE PLAINTIFF) CARRIES INTEREST FROM THE DATE OF JUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE Local Court (Civil Jurisdiction) Rules 1998 162 and I, of serve the defendant (full name of defendant) with this statement of claim by delivering a true copy of the statement of claim to the defendant at I identified the defendant as follows: Local Court (Civil Jurisdiction) Rules 1998 163 Local Court (Civil Jurisdiction) Rules 1998 164 FORM 7C rule 7.08(1) ORIGINATING APPLICATION BETWEEN PARTIES and TO THE RESPONDENT These proceedings have been commenced against you by the applicant who has applied to the Court for the order or relief referred to above. IF YOU INTEND TO APPEAR before the Court in respect of these proceedings YOU MUST, NOT LATER THAN 28 DAYS after being served with this originating application: (a) file with a registrar of the Local Court at [venue] a notice of intention to appear; and (b) serve a copy of the notice on the applicant. After you have filed a notice to appear, the Court will fix a date, time and place for a CONCILIATION CONFERENCE and will send you and the applicant a notice containing the necessary information about the conference. Local Court (Civil Jurisdiction) Rules 1998 165 IF YOU DO NOT file and serve a notice of intention to appear, the applicant may OBTAIN JUDGMENT AGAINST YOU without further notice. person, the address in 2. If the applicant is represented by a legal WHAT TO DO WHEN YOU GET AN ORIGINATING APPLICATION The person called the applicant has commenced proceedings against you in the Court. YOU MUST, NOT LATER THAN 28 DAYS after being served with this application, fill out the accompanying notice headed "NOTICE OF INTENTION TO APPEAR", file the notice with a registrar at the Court, and serve a copy on the applicant. The Court will then fix a date, time and place for a conciliation conference and will send you and the applicant a notice containing the necessary information about the conference. If you do not file a notice of intention to appear, the Court may make a judgment against you without further notice. Warning: IF JUDGMENT IS ENTERED AGAINST YOU AND THE COURT HAS ORDERED YOU TO PAY AN AMOUNT OF MONEY TO THE APPLICANT, THAT AMOUNT CARRIES INTEREST FROM THE DATE OF JUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE Local Court (Civil Jurisdiction) Rules 1998 166 and I, of Local Court (Civil Jurisdiction) Rules 1998 167 serve the respondent (full name of respondent) with this originating application by delivering a true copy of the originating application to the respondent at I identified the respondent as follows: Local Court (Civil Jurisdiction) Rules 1998 168 FORM 7D rules 7.09(b) and 7.11(2) NOTICE OF INTENTION TO APPEAR and TO THE APPLICANT [Full name of respondent] gives notice of the respondent's intention to appear before the Court in these proceedings. [signature of respondent *by the respondent in person. *for the respondent by [name of respondent's legal practitioner] of 2. The address of the respondent is: 3. The address for service of the respondent is – [If the respondent acts in person, the address in 2. If the respondent is represented by a legal practitioner – the address in 1.] Local Court (Civil Jurisdiction) Rules 1998 169 FORM 7E rule 7.13(1) ORIGINATING APPLICATION [APPLICANT'S FULL NAME] Applicant at a.m./p.m. on or as soon afterwards as the person, the address in 2. If the applicant is represented by a legal Local Court (Civil Jurisdiction) Rules 1998 170 FORM 7F rule 7.15(2)(a) ORIGINATING APPLICATION BETWEEN PARTIES WHEN EARLY HEARING REQUIRED and at a.m./p.m. on or as soon afterwards as the TO THE RESPONDENT These proceedings have been commenced against you by the applicant who has applied to the Court for the orders or relief referred to above. IF YOU INTEND TO APPEAR before the Court in respect of these proceedings YOU MUST, AS SOON AS PRACTICABLE BEFORE THE DATE FIXED FOR THE HEARING: (a) file with a registrar of the Local Court at [venue] a notice of intention to appear; and (b) serve a copy of the notice on the applicant. Local Court (Civil Jurisdiction) Rules 1998 171 YOU MAY ALSO FILE AND SERVE an affidavit in response to the facts, matters and circumstances specified in the originating application and any supporting affidavit. IF YOU DO NOT appear at the hearing, the applicant may obtain the orders or relief sought without further notice. person – the address in 2. If the applicant is represented by a legal WHAT TO DO WHEN YOU GET THIS ORIGINATING APPLICATION The person called the applicant has commenced proceedings against you in the Court. YOU MUST, AS SOON AS PRACTICABLE BEFORE THE DATE FIXED FOR THE HEARING, fill out the accompanying notice headed "NOTICE OF INTENTION TO APPEAR", file the notice with a registrar at the Court, and serve a copy on the applicant. If you do not file a notice of intention to appear, the Court may make the order or give the relief sought by the applicant. You may also file and serve an affidavit in response to the facts, matters and circumstances specified in the originating application and any supporting affidavit. Local Court (Civil Jurisdiction) Rules 1998 172 and I, of Local Court (Civil Jurisdiction) Rules 1998 173 serve the respondent (full name of respondent) with this originating application by delivering a true copy of the originating application to the respondent at I identified the respondent as follows: Local Court (Civil Jurisdiction) Rules 1998 174 FORM 7G rule 7.16 APPLICATION FOR PERSONAL VIOLENCE RESTRAINING ORDER Applicant's name: Applicant's address for service: Defendant's name: Defendant's address for service: I, [name], (the applicant), apply to the Court for a personal violence restraining order against the defendant for the protection of [name] (the protected person) of [address]. I make this application on the grounds that on the [date] there has been or is likely to be a personal violence offence committed by the defendant on the protected person. The facts in support of this application are contained in the statutory declaration filed with this application. Date This application will be heard on [date] at [time] in the Local Court at [venue] in the Northern Territory of Australia. Dated Local Court (Civil Jurisdiction) Rules 1998 175 FORM 8A rule 8.02(1)(a) NOTICE OF DEFENCE The defendant's defence is as follows: [set out particulars of defence and summary of facts on which you rely]. *COUNTERCLAIM (Rule 9.02) THE DEFENDANT CLAIMS [set out concise statement of the nature of the claim] particulars of which are set out below, and seeks [set out statement of amount, relief or remedy sought] *PARTICULARS OF CLAIM [set out particulars] *by the defendant in person. Local Court (Civil Jurisdiction) Rules 1998 176 FORM 8B rule 8.05(2) NOTICE OF CONDITIONAL DEFENCE AND TO THE COURT: The defendant denies, on the grounds set out below, that the Local Court has jurisdiction to hear and determine these proceedings and applies to have the proceedings *stayed/set aside*: [set out grounds] *by the defendant in person. Local Court (Civil Jurisdiction) Rules 1998 177 FORM 11A rule 11.01 APPLICATION FOR ORDER FOR DEFAULT JUDGMENT The [identify party] applies for an order for default judgment on the following grounds: *The defendant failed to file a notice of defence within 28 days after service on the defendant of the statement of claim. *The respondent failed to file a notice of intention to appear within 28 days after service on the respondent of the originating application between parties. *The Court made an order on [date] under rule *10.04(1)(b) / *16.08(1)(c) / *17.07(2) / *32.10(e) permitting the [identify party] to proceed as if a notice of defence had not been filed. *The Court made an order on [date] under rule 28.02 that the notice of defence be struck out. *The claim is for a *debt of/liquidated demand for* $[amount claimed] and the [identify party] seeks judgment for $[total amount] made up as follows: [set out details of how amount is made up] *The [identify party] applies for the assessment of *damages/value of goods*. [signature of party Local Court (Civil Jurisdiction) Rules 1998 178 FORM 13A rule 13.02(1) THIRD PARTY NOTICE and and [FULL NAME] Third Party TO [NAME OF THIRD PARTY] The plaintiff has brought these proceedings against the defendant for the claim set out in the statement of claim attached. The defendant disputes the plaintiff's claim on the grounds set out in the notice of defence attached and claims to be entitled to relief against you on the grounds set out in the statement of claim below. 28 DAYS after being served with this notice: and (b) serve a copy on the defendant. IF YOU DO NOT file and serve a notice of defence, the defendant may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice. [Set out in separate, consecutively numbered paragraphs all the material facts relied on for the claim against the third party and state precisely the relief claimed] Local Court (Civil Jurisdiction) Rules 1998 179 1. This notice was filed by: *the defendant in person. Local Court (Civil Jurisdiction) Rules 1998 180 FORM 13B rule 13.03(1) NOTICE CLAIMING CONTRIBUTION TO THE DEFENDANT [NAME] The plaintiff has brought these proceedings against the defendants for [give brief statement of plaintiff's claim]. The defendant [name] claims contribution from you if the plaintiff is successful in the claim against [name] on the grounds set out in the statement of claim below. 28 DAYS after being served with this notice: and (b) serve a copy on the defendant [name]. IF YOU DO NOT file and serve a notice of defence, the defendant may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice. [Set out in separate, consecutively numbered paragraphs all the material facts relied on for the claim against the defendant and state precisely the relief claimed] Local Court (Civil Jurisdiction) Rules 1998 181 FORM 13C rule 13.03(2) NOTICE CLAIMING CONTRIBUTION FROM TORT-FEASOR UNDER SECTION 12 OF LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1956 TO THE DEFENDANT [NAME] The plaintiff has brought these proceedings against the defendants to recover damages for loss sustained [give brief statement of plaintiff's claim]. If the plaintiff is successful in the claim against the defendant [name], that defendant claims contribution from you under section 12 of the Law Reform (Miscellaneous Provisions) Act 1956 to the extent of the amount found by the Court to be just and equitable having regard to your responsibility for the plaintiff's loss. Local Court (Civil Jurisdiction) Rules 1998 182 FORM 14A rule 14.06(1)(b) NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION TO [NAME OF EXECUTION CREDITOR] [Name of claimant] has claimed *the property/certain property* (where only certain goods are claimed, enumerate them) *taken/to be taken* in execution by me as bailiff under the warrant of execution issued in these proceedings. If, NOT LATER THAN 7 DAYS after being served with this notice, you serve on me a notice stating that you admit the claim, you will not be liable for fees incurred by me after your notice is served. If you dispute the claim you may, NOT LATER THAN 7 DAYS after being served with this notice, serve a notice in writing on me stating that you dispute the claim. If you admit part and dispute part of the claim you may, NOT LATER THAN 7 DAYS after being served with this notice, serve on me a notice stating that you admit part of the claim and dispute part of the claim. You must specify in the notice those parts of the claim that are admitted and those disputed. If you do not serve on me a notice admitting the claim within the time stipulated, or if you dispute any part of the claim, I may apply to the Court for an interpleader order under Part 14 of the Local Court (Civil Jurisdiction) Rules 1989 for the purpose of obtaining a determination of the claimant's rights to the property *taken/to be taken* by me. My address for service is: Bailiff Local Court (Civil Jurisdiction) Rules 1998 183 FORM 15A rule 15.09(1) ORDER APPROVING COMPROMISE OF CLAIM BY INFANT MATTERS TAKEN INTO CONSIDERATION: 1. The *plaintiff/defendant* was born on [date]. 2. By a compromise entered into on [date] the defendant proposes to pay and the plaintiff wishes to accept $ plus the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceedings. 3. The Court read the following material: (a) [identify affidavits by date and name of deponent]; (b) [identify documents]. 4. The defendant consents to the proposed compromise. 1. The compromise be approved. [Set out other orders made] Local Court (Civil Jurisdiction) Rules 1998 184 FORM 15B rule 15.09(1) ORDER APPROVING COMPROMISE OF CLAIM BY PERSON UNDER DISABILITY OTHER THAN AN INFANT MATTERS TAKEN INTO CONSIDERATION 1. The date of birth of the *plaintiff/defendant* on whose behalf the proceedings are *brought/defended* is [date]. 2. The date on which *plaintiff/defendant* became a person under disability is [date]. 3. By a compromise entered into on [date] the defendant proposes to pay and the plaintiff wishes to accept $ plus the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceedings. 4. The Court read the following material: (a) [identify affidavits by date and name of deponent]; (b) [identify documents]. 5. The defendant consents to the proposed compromise. Local Court (Civil Jurisdiction) Rules 1998 185 1. The compromise be approved. [Set out other orders made] Local Court (Civil Jurisdiction) Rules 1998 186 FORM 16A rule 16.01(2) REQUIREMENT FOR AFFIDAVIT VERIFYING LIST OF DOCUMENTS You are required by the [requesting party] to make an affidavit verifying your list of documents and to serve the affidavit on the [requesting party] not later than 14 days after service of this notice on you. Local Court (Civil Jurisdiction) Rules 1998 187 FORM 16B rule 16.02(1) LIST OF DOCUMENTS I, the above-named [identify party], say as follows: 1. I have in my possession, custody or power, the documents enumerated in Part 1 of Schedule 1 relating to the questions in these proceedings. 2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to producing them. The documents are privileged on the following grounds: (e.g.) (a) as to documents numbered 4 – 6, that [grounds of privilege]; (b) as to documents numbered 7 – 9, that [grounds of privilege].) 3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 relating to the questions in the proceedings. (e.g.) (a) Document numbered [no.] was last in my possession, custody or power on [date] and I believe that [state belief as to what has become of it].) 4. To the best of my knowledge, information and belief neither I nor my legal practitioner nor any other person on my behalf has now, or ever had, in my or his or her possession, custody or power, any documents relating to a question in the proceedings other than the documents enumerated in Schedules 1 and 2. [Describe each document in the Schedules as original or copy and number each of them] Local Court (Civil Jurisdiction) Rules 1998 188 SCHEDULE 1 PART 1 DOCUMENTS IN PARTY'S POSSESSION PART 2 PRIVILEGED DOCUMENTS SCHEDULE 2 DOCUMENTS NO LONGER IN PARTY'S POSSESSION Local Court (Civil Jurisdiction) Rules 1998 189 FORM 16C rule 16.04(1) NOTICE TO PRODUCE DOCUMENTS FOR INSPECTION The [requesting party] requires you to produce, not later than 7 days after service of this notice on you, for inspection the following documents referred to in your [list of documents, statement of claim, notice of defence, affidavit, &c.]: [describe documents requested]. You are required to arrange with [requesting party] a time and a place where the documents may be inspected. Local Court (Civil Jurisdiction) Rules 1998 190 FORM 19A rule 19.03(1) ADMISSION OF DEBT I, [name] admit I owe the amount of $ being the total amount contained in the plaintiff's statement of claim and consisting of the amount of $ and costs of $ . I agree to the entering of judgment in the amount stated. My address is: Signed: Local Court (Civil Jurisdiction) Rules 1998 191 FORM 19B rule 19.04(2) ADMISSION OF FACTS I, [party], admit the following facts. 1. [Specify each fact admitted] 2. Local Court (Civil Jurisdiction) Rules 1998 192 FORM 19C rule 19.05(2) NOTICE TO DISPUTE FACTS If you do not, within [specify a number of days not less than 14] days after service of this notice on you serve a notice on the [party serving this notice] disputing any fact specified below, that fact will, for the purpose of these proceedings only, be taken to be admitted by you in favour of the [party serving this notice]. If you do serve a notice disputing a fact, and afterwards that fact is proved, you must pay the costs of proof unless the Court orders otherwise. 1. [specify each fact] 2. Local Court (Civil Jurisdiction) Rules 1998 193 FORM 19D rule 19.05(3) NOTICE DISPUTING FACTS The [party serving this notice] disputes the following facts specified in the [identify party's] notice dated [e.g. 2 March 1998]. 1. [Specify each disputed fact] 2. Local Court (Civil Jurisdiction) Rules 1998 194 FORM 19E rule 19.06(2) NOTICE TO DISPUTE AUTHENTICITY OF DOCUMENTS If you do not, within [specify a number of days not less than 14] days after service of this notice on you serve a notice on the [party serving this notice] disputing the authenticity of a document specified below, the authenticity of the document will, for the purpose of these proceedings only, be taken to be admitted by you in favour of the [party serving this notice]. If you do serve a notice disputing the authenticity of a document, and afterwards the authenticity of the document is proved, you must pay the costs of proof unless the Court orders otherwise. 1. [Specify each document] 2. Local Court (Civil Jurisdiction) Rules 1998 195 FORM 19F rule 19.06(3) NOTICE DISPUTING AUTHENTICITY OF DOCUMENTS The [party serving this notice] disputes the authenticity of the following documents specified in the [identify party's] notice dated [e.g. 2 March 1998]. 1. [Specify each disputed document] 2. Local Court (Civil Jurisdiction) Rules 1998 196 FORM 20A rule 20.13(a) NOTICE OF DEPOSIT The defendant has paid into the Court $ . *The sum is in answer to the plaintiff's claim for [specify]. *The sum takes into account the defendant's claim for [specify] on the defendant's counterclaim. *The sum is in answer to the following claims of the plaintiff [specify] *and after taking into account the defendant's claim for [specify] on the defendant's counterclaim. *Of the sum: $ is in answer to the plaintiff's claim for [specify] on which the plaintiff claims $ *and after taking into account the defendant's claim for [specify] on the defendant's counterclaim and $ is in answer to the claim for [specify] on which the plaintiff claims $ *and after taking into account the defendant's claim for [specify] on the defendant's counterclaim. Local Court (Civil Jurisdiction) Rules 1998 197 FORM 20B rule 20.14(3) NOTICE OF WITHDRAWAL OF DEPOSIT With the leave of the Court granted on [date], the defendant withdraws the deposit of $ paid into the Court by the defendant on [date] relating to the plaintiff's claim of [specify]. Local Court (Civil Jurisdiction) Rules 1998 198 FORM 20C rule 20.15(2) and (3)(d) NOTICE OF ACCEPTANCE The plaintiff accepts $ paid into the Court by the defendant [name], in satisfaction of the claims in answer to which it was paid, as against [name of defendant] and *abandons all the plaintiff's other claims as against [name of defendant]/abandons those claims as against the defendants [names of other defendants]*. Local Court (Civil Jurisdiction) Rules 1998 199 FORM 20D rule 20.15(3)(b) NOTICE CONFIRMING DEPOSIT The defendant confirms the notice dated [e.g. 2 March 1998] of deposit of $ paid into the Court before the beginning of the hearing of the Local Court (Civil Jurisdiction) Rules 1998 200 FORM 22A rule 22.02 AFFIDAVIT OF EVIDENCE OF ASSESSMENT OR REPAIR OF MOTOR VEHICLE (To be made on oath by car repairer or assessor) NAME OF DEPONENT: [NAME] DATE AFFIDAVIT MADE: [date] I [full name] of [address] being [e.g., car repairer, assessor, panel beater, &c.], have *assessed/repaired* vehicle number [registration number] belonging to [owner of car] on [date of assessment]. I have seen the statement of claim and consider the damage consistent with the details of the accident described in the claim. The following repairs *were completed/are needed* and the amounts specified represent a fair and reasonable charge for that work. [Itemise repairs and costs] Local Court (Civil Jurisdiction) Rules 1998 201 FORM 23A rule 23.03(1)(a) SUMMONS TO GIVE EVIDENCE TO [NAME] THE COURT ORDERS that you attend for the purpose of giving evidence: (a) before the Court; (b) at [address of Court]; (c) at [time] on [date] and until you are excused from further attending. 1. If you do not comply with this summons you may be arrested. However, you need not comply with this summons unless you have been provided with a reasonable sum of money for your costs in attending Court. 2. Any question concerning this summons should be addressed not to the Court but to [name of legal practitioner or party]. Local Court (Civil Jurisdiction) Rules 1998 202 FORM 23B rule 23.04(a) SUMMONS FOR PRODUCTION OF DOCUMENTS TO [NAME] THE COURT ORDERS that you attend and bring with you this summons and the documents and things described in the Schedule at [address of Court] at [time] on [date] and until you are excused from further attending. Instead of attending, you may take this summons and the documents and things described in the Schedule to a registrar of the Local Court at [venue] by hand or by post, in either case so that a registrar receives them no later than 2 business days before the date on which you are required to attend. [description of documents and things] 1. If you do not comply with this summons you may be arrested. However, you need not comply with this summons unless you have been provided with a reasonable sum of money for your costs in attending Court. 2. Documents and things taken to the Court by you may be returned by post to you at your address shown on this summons. You may request in writing that they be posted to you at another address or you may ask to collect them from the Court. 3. Any question concerning this summons should be directed not to the Court but to [name of legal practitioner or party]. Local Court (Civil Jurisdiction) Rules 1998 203 FORM 23C rule 23.04(b) SUMMONS TO CORPORATION FOR PRODUCTION OF DOCUMENTS TO [NAME OF CORPORATION] THE COURT ORDERS that: 1. [Name of corporation], called "the corporation", must produce this summons and the documents and things described in the Schedule by an appropriate officer attending and producing them at [address of Court] at [time] on [date] and until you are excused from further attending. Instead of attending, the corporation may produce this summons and the documents and things described in the Schedule to a registrar of the Local Court at [venue] by hand or by post, in either case so that a Registrar receives them not later than 2 business days before the date on which the officer is required to attend. 2. The officer who is to attend must make enquiries for the purpose of answering, and on attending must answer, the questions that the Court requires the officer to answer concerning the possession or custody of those documents and things. [description of documents and things] 1. If you do not comply with this summons an officer of the corporation may be arrested. However, this summons does not need to be complied with unless you have been provided with a reasonable sum of money for your costs in attending Court. Local Court (Civil Jurisdiction) Rules 1998 204 2. Documents and things taken to Court by the corporation may be returned by post to the corporation at its address shown on this summons. It may request in writing that they be posted to it at another address or it may ask to collect them from the Court. 3. A question concerning this summons should be directed not to the Court but to [name of legal practitioner or party]. Local Court (Civil Jurisdiction) Rules 1998 205 FORM 25A rule 25.02(a) APPLICATION TO [IDENTIFY EACH PARTY AND PERSON TO WHOM APPLICATION IS ADDRESSED] You are ordered to attend before the Court for the hearing of an application by the [identify party] for [describe the order sought]. This application is made in pursuance of rule [no.] This application was filed by: Local Court (Civil Jurisdiction) Rules 1998 206 FORM 29A rule 29.02 APPLICATION IN SUMMARY PROCEEDINGS FOR RECOVERY OF POSSESSION OF LAND and *[FULL NAME] *Defendant *(The plaintiff does not know the name of any person in occupation to make defendant) *TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF THE LAND AT [DESCRIPTION OF LAND] *TO EVERY PERSON IN OCCUPATION OF THE LAND AT [DESCRIPTION OF LAND] These proceedings have been commenced by the plaintiff for the recovery of land described as follows: [Describe land so as to be physically identifiable] You are ordered to attend before the Court for the hearing of the application. NOTE: IF YOU INTEND TO DEFEND THESE PROCEEDINGS YOU MUST, NOT LATER THAN 7 DAYS AFTER BEING SERVED WITH THIS APPLICATION: (a) file an affidavit, stating particulars of your defence and a summary of the facts on which you rely, with a registrar of the Local Court at [venue]; (b) serve a copy on the plaintiff; and Local Court (Civil Jurisdiction) Rules 1998 207 (c) attend before the Court at the date, time and place specified above. IF YOU DO NOT file and serve an affidavit stating your defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU without further notice. 1. This application was filed: *4. The address of the defendant is: Local Court (Civil Jurisdiction) Rules 1998 208 FORM 29B Rule 29.08 JUDGMENT IN SUMMARY PROCEEDINGS FOR RECOVERY OF LAND DATE GIVEN: HOW OBTAINED: THE JUDGMENT OF THE COURT IS THAT: 1. The plaintiff recover possession of the land described as [description of land so as to be physically identifiable]. *2. The defendant pay *the plaintiff $ costs/the plaintiff's costs to be assessed*. [other orders] Local Court (Civil Jurisdiction) Rules 1998 209 FORM 29C rule 29.09(3) WARRANT OF POSSESSION IN SUMMARY PROCEEDINGS FOR RECOVERY OF LAND In respect of the judgment dated [e.g. 2 March 1998] by which it was ordered that the plaintiff recover possession of the land described in the Schedule (where there is a defendant: and that the defendant pay the plaintiff $ costs or the plaintiff's costs, which have been taxed at $ ). (The following is applicable where there is no defendant.) causing [party in whose favour order made] to have possession of it. (The following is applicable where is a defendant.) causing [party in whose favour order made] to have possession of it and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the order. (Continue as in Form 46A.) [Describe land as in judgment] Issued at the request of the plaintiff. (Where there is a defendant) The last known address of the defendant (continue as in Form 44A). Local Court (Civil Jurisdiction) Rules 1998 210 FORM 30A rule 30.03(1) TENANCY APPLICATION LOCAL COURT Claim No. BETWEEN THE ...........................…………… name APPLICANT ...........................…………… address for ...........................…………… service and RESPONDENT .........................……………. name ..........................…………… address ..........................…………… The applicant applies to the Court under [identify section and name of Act under which application is made] The applicant applies for the following order or orders: [brief statement of orders applied for] [signature of applicant, agent Local Court (Civil Jurisdiction) Rules 1998 211 FORM 31A rule 31.07(a) IRREVOCABLE GUARANTEE BY ADI The [name of ADI (e.g. bank, credit union)] of [address] undertakes to be responsible for the payment into the Court of $ , being security to be given by the plaintiff for the defendant's costs as ordered by the Court on [date]. The ADI guarantees that it will pay $ into the Court if ordered by the Court to do so. The ADI acknowledges that this undertaking may be amended or revoked only with the leave of the Court or discharged by payment of $ into the *[sealed by the ADI *signed by an officer of the ADI authorised in writing] Local Court (Civil Jurisdiction) Rules 1998 212 FORM 31B rule 31.08(2)(b) NOTICE OF DISCHARGE AND PAYMENT INTO COURT The [name of ADI (e.g. name of bank, credit union)] of [address], which guaranteed the payment of $ into the Court on behalf of the plaintiff in these proceedings, discharges the guarantee and pays into the Court the total sum of money guaranteed. [*sealed by the ADI *signed by an officer of the ADI authorised in writing] Local Court (Civil Jurisdiction) Rules 1998 213 FORM 32A rules 7.12(1) and 32.01(1) NOTICE OF CONCILIATION CONFERENCE A conciliation conference has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the All parties must attend the conciliation conference. An individual must attend the conference personally and be prepared to discuss all issues. An officer or employee of a corporation must be authorised by the corporation to attend the conference and to settle the matter if possible. A partner of a firm must have the unfettered written authority of all the other partners to attend the conference and to settle the matter if possible. Attendance at the conference on behalf of the Territory must be by an employee (as defined in the Public Sector Employment and Management Act 1993) of the Agency for which the Territory is conducting the proceedings who is authorised in writing by the Chief Executive Officer of that Agency to attend the conference and to settle the matter if possible. A person attending the conference may be accompanied by a legal If a plaintiff or applicant fails to attend, the Court may strike out the claim or originating application. If a defendant fails to attend, the Court may give the plaintiff leave to proceed as if a notice of defence had not been filed or may make other orders it considers appropriate. If a respondent fails to attend, the Court may make the orders it considers appropriate. A party who is unable to attend should contact a registrar of the Local Court. A registrar may give you leave to attend by teleconferencing. The Court may dispense with the requirement of attendance in person (either physically or by teleconferencing) in special circumstances. Local Court (Civil Jurisdiction) Rules 1998 214 FORM 32B rule 32.04(5) SCHEDULING ORDER At a conciliation conference held at the Court at [place] at [time] on [date]: (a) the following persons attended: [list parties or representatives] (b) the following details were given by the parties: [list details, in relation to each party, of matters referred to in rule 32.04] (c) the following undertakings were given: [list each undertaking and name of party or party's legal practitioner giving undertaking] (d) the Court gave the following directions: [list directions given] Local Court (Civil Jurisdiction) Rules 1998 215 FORM 32C rule 32.05 CASE MANAGEMENT STATEMENT (comments to be as brief as possible) Plaintiff(s) [Comments] Defendant(s) [Comments] 1. The parties certify that these proceedings are ready for hearing 2. All pleadings have been completed and delivered and pleadings are closed 3. All particulars requested have been furnished 4. Discovery of documents has been given by the parties 5. Inspection of documents has taken place 6. All necessary medical examinations have taken place 7. The parties require further medical examinations prior to the hearing 8. All reports and statements have been served Local Court (Civil Jurisdiction) Rules 1998 216 9. Where counsel is required, counsel has been briefed 10. Counsel's advice on evidence has been obtained 11. All witnesses should be available at the hearing 12. The length of hearing is estimated at 13. (a) Offers of settlement made under Part 20 (b) The prospects of settlement are: 14. Details of witnesses: (a) Within the jurisdiction (i) The number of experts: (ii) The number of non-experts: (b) Outside the jurisdiction (i) The number of experts: (ii) The number of non-experts: 15. The directions required are: (a) For the plaintiff: (b) For the defendant: 16. Other relevant facts regarding the fixing of a hearing date are: (a) For the plaintiff: Local Court (Civil Jurisdiction) Rules 1998 217 (b) For the defendant: 17. The shortest notice on which each party would be ready to commence the hearing is: 18. The issues to be determined at the hearing are: ...........................……….. ……................................ Legal practitioner for the Legal practitioner for the plaintiff(s) defendant(s) Local Court (Civil Jurisdiction) Rules 1998 218 FORM 34A rule 34.04(b) NOTICE OF ASSESSMENT OF DAMAGES OR VALUE OF GOODS An assessment of *damages/value of goods* has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows. All parties may attend the assessment in person or by a legal representative. A person attending the assessment may be accompanied by a legal Not less than 7 days before the date fixed for the assessment, the party for whom the assessment is to be made must file and serve an affidavit on the other party stating the amount claimed and the facts and calculations on which the amount is based. The attendance of witnesses and production of documents for the purposes of the assessment may be ordered by summons in accordance with Part 23 of the Local Court Rules 1998. Local Court (Civil Jurisdiction) Rules 1998 219 FORM 35A rule 35.03(1)(a) ORDER OTHER MATTERS: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court.] 2. Local Court (Civil Jurisdiction) Rules 1998 220 FORM 35B rule 35.06(2)(a) NOTICE OF CONSENT The *plaintiff/defendant* consents to the Court making an order that: 2. Local Court (Civil Jurisdiction) Rules 1998 221 FORM 35C rule 35.09(1) APPLICATION FOR REGISTRATION OF ORDER The [identify applicant] applies to the Court for the registration of the attached order made by [identify person, court, tribunal or statutory body] on [date] under [specify section and name of Act]. Dated: [e.g. 2 March 2005] NOTE: You must attach a copy of the order to be registered. Local Court (Civil Jurisdiction) Rules 1998 222 FORM 35D rule 35.10(3) NOTICE OF REGISTRATION OF ORDER DATE: THE COURT GIVES NOTICE THAT AN ORDER HAS BEEN REGISTERED IN THIS COURT AND MAY BE ENFORCED AS IF MADE BY THIS COURT. THE ORDER WAS MADE BY: THE ORDER WAS DIRECTED TO: THE ORDER WAS MADE UNDER: [section and name of Act] THE ORDER WAS REGISTERED ON: [date] THE TERMS OF THE ORDER ARE: 2. Local Court (Civil Jurisdiction) Rules 1998 223 FORM 36A rule 36.01(1) APPLICATION FOR ORDER TO BE SET ASIDE AND RE-HEARING AND TO [NAMES AND ADDRESSES OF OTHER PARTIES TO PROCEEDINGS] The [identify party] applies to the Court for an order that the order made by the Court on [date] be set aside and the proceedings be re-heard as soon as possible. *On [e.g. 2 March 1998] the Court made an order for default judgment against me for [set out terms of order]. I did not file a notice of defence in the above proceedings for the reasons stated in the affidavit filed with this application. The affidavit also states my intention to defend the claim and the particulars of my defence. (or) *I did not appear at the Court in the above proceedings on [e.g. 2 March 1998]. In my absence, the Court made an order against me for [set out terms of order]. I did not appear in the proceedings for the reasons stated in the affidavit filed with this application. (or) *On [date] I consented to the following order being made: [set out terms of order]. I consented to the order for the reasons stated in the affidavit filed with this My address for service is: Local Court (Civil Jurisdiction) Rules 1998 224 Local Court (Civil Jurisdiction) Rules 1998 225 FORM 37A rule 37.04(2)(a) NOTICE OF APPEAL In the matter of an appeal under [section and name of the Act under which the appeal is made] BETWEEN [FULL NAME] Appellant and TO THE *RESPONDENT/FIRST RESPONDENT* *AND TO THE SECOND RESPONDENT The appellant appeals against the following decision: [set out briefly the substance of the order or decision appealed against]. The date of order or decision: [specify date on which order or decision made] Grounds of appeal: [set out specifically and concisely the grounds of appeal] IF YOU INTEND TO DEFEND this appeal YOU MUST, NOT LATER THAN