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LOCAL COURT (CIVIL JURISDICTION) RULES 1998
7DAYS after being served with this notice:
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7 DAYS after being served with this notice:
(a) file a notice of appearance in accordance with Form 37B with a
registrar of the Local Court at [venue]; and
(b) serve a copy on the appellant.
IF YOU DO NOT file and serve a notice of appearance, the Court may make
the orders it considers appropriate.
[signed by appellant]
A prehearing 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 business
of the Court allows.
All parties must attend the prehearing conference. A party may attend:
(b) by an agent authorised in writing by the party; or
Local Court (Civil Jurisdiction) Rules 1998 226
(c) by a legal practitioner or, unless the Court orders otherwise, by an
articled clerk or graduate clerk.
With the leave of the Court, a party may attend:
(a) in the case of a corporation – by an officer or employee of the
corporation;
(b) in the case of a firm – by a partner or employee of the firm; or
(c) by some other person.
A person attending a conference may be accompanied by a legal
If an appellant fails to attend, the Court may dismiss the appeal or make the
orders it considers appropriate. If a respondent fails to attend, the Court may
hear the appeal if satisfied that this notice was properly served on the
respondent. 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.
1. This notice of appeal was filed:
*by the appellant in person.
*for the appellant by [name of appellant's legal practitioner] of
[name of firm], legal practitioner(s), of [business address in
Australia including telephone, facsimile and reference numbers. If
the legal practitioner is the agent of another legal practitioner, also
insert the name of the principal's firm and business address
including telephone, facsimile and reference numbers.]
2. The address of the appellant is:
3. The address for service of the appellant is – [If the appellant sues in
person, the address in 2. If the appellant sues by a legal
Local Court (Civil Jurisdiction) Rules 1998 227
FORM 37B
rule 37.05
NOTICE OF APPEARANCE
[Heading as in Form 37A]
TO THE APPELLANT
*[Name of respondent], the *respondent/*first respondent/second respondent*,
of [address], appears in this appeal.
The address for service of the respondent named above is – [address for
service]
Local Court (Civil Jurisdiction) Rules 1998 228
FORM 38A
rule 38.12(1)(a)
SUMMONS FOR TAXATION OF COSTS
TO [IDENTIFY EACH PARTY OR OTHER PERSON TO WHOM SUMMONS
IS ADDRESSED AND STATE ADDRESS OF EACH PERSON NOT A
PARTY.]
You are summoned to attend before the taxing officer at [address of Court]
at a.m./p.m. on for the hearing of an application by [identify
party] for the costs that are payable to that party by [identify party liable for
costs] under [identify the judgment, etc., by which payable] to be taxed in
accordance with the bill of costs served with this summons.
This summons was filed by:
NOTE: Whether or not you attend on the day for hearing referred to above,
the costs claimed in the bill may be allowed unless, not later than 7 days
before the date fixed for taxation, you file and serve on the [identify party] a
notice in accordance with Form 38B identifying by list each item in the bill to
which you object and stating specifically and concisely the grounds of
objection to each item. Failure to file that notice amounts to an admission of
the items in the bill.
Local Court (Civil Jurisdiction) Rules 1998 229
FORM 38B
rule 38.13(1)
NOTICE OF OBJECTION TO BILL OF COSTS
TO [identify party]
The [objecting party] objects to the items in your bill of costs specified below
for the reasons specified in relation to each item.
[list items objected to and state specifically and concisely the grounds of
objection to each item]
This notice was filed by:
Local Court (Civil Jurisdiction) Rules 1998 230
FORM 43A
rule 43.01(2)
APPLICATION FOR ISSUE OF WARRANT OF EXECUTION
[Party in whose favour order made], applies for a warrant of [type of warrant]
to be issued in respect of the order dated [e.g. 27 October 1997] against
[party against whom order made] of [party's last-known address] for the
payment of *$ together with costs of $ /costs of $ *.
The applicant nominates [NAME OF LICENSED PRIVATE BAILIFF] of
[bailiff's address] as the private bailiff who is to execute the warrant applied
for.
$
Bailiff's fees for executing warrant to be issued
PARTICULARS OF HOW INTEREST CALCULATED
[enter particulars]
PARTICULARS OF AMOUNTS RECEIVED
[list dates and amounts paid on account or recovered under previous warrant]
Local Court (Civil Jurisdiction) Rules 1998 231
FORM 44A
rule 44.02(2)
WARRANT OF SEIZURE AND SALE
On [e.g. 27 October 1997], the Local Court ordered:
*[name of judgment debtor], the judgment debtor, to pay $ to [name of
judgment creditor], the judgment creditor, together with costs of $ .
*[name of judgment debtor], the judgment debtor, to pay costs of $ to
[name of judgment creditor], the judgment creditor.
YOU ARE AUTHORISED to enforce the order by seizing and selling property
of the judgment debtor sufficient to pay the money owing to the judgment
creditor in respect of the order and for that purpose YOU ARE AUTHORISED
to enter and remain on premises (whether land or a building) you believe on
reasonable grounds to be owned or occupied by the judgment debtor.
*The property of the judgment debtor includes land described as follows:
[description of land]
The amount of $ is now payable by the judgment debtor to the judgment
creditor, made up as follows:
*1. $ , being $ exclusive of costs and $ for costs;
fixed in accordance with law, on $[amount owing, exclusive of
costs] from the date of the order;
Local Court (Civil Jurisdiction) Rules 1998 232
From the proceeds raised by the sale of the judgment debtor's property you
must pay into the Local Court all the money owing in respect of the order
unless you are a private bailiff to whom section 33(1) of the Commercial and
Private Agents Licensing Act 1979 applies, in which case you may retain the
amount specified in this warrant as the bailiff's fee for executing the warrant.
Immediately after you have performed all your obligations under this warrant
you must endorse on the warrant a statement of the date, time and place you
executed the warrant and the results of the execution, including how the
proceeds of the sale are to be distributed.
If you attempt to execute under this warrant but are unable to do so, you must
endorse on the warrant a statement of the dates, times, places and results of
those attempts.
Issued at the request of the judgment creditor.
The last-known address of the judgment debtor is [address].
(Add the following if address is different.) The address of the place where it is
believed that property of the judgment debtor may be found is [address].
* Delete if inapplicable and re-number as required;
Local Court (Civil Jurisdiction) Rules 1998 233
FORM 44B
rule 44.06(1)
NOTICE REQUIRING SAFEKEEPING OF SEIZED PROPERTY
TO [NAME OF JUDGMENT DEBTOR OR NAME OF PERSON WHO HAS
CUSTODY OF PERSONAL PROPERTY OF JUDGMENT DEBTOR]
On [date], the Local Court ordered [name of judgment debtor], the judgment
debtor, to pay $ to [name of judgment creditor], the judgment creditor.
A warrant of [type of warrant] issued by the Local Court on [e.g.