Part 16applies with the necessary changes to the inspection of

Part 16 applies with the necessary changes to the inspection of documents referred to in a list of documents made and served under this Part as if the list were a list of documents referred to in Part 16. 18.10 Costs (1) On an application under this Part, the Court may make an order for the costs and expenses of: (a) the applicant; (b) the person against whom the order is sought or made; or (c) a party to the proceedings, including the costs of making and serving a list of documents and producing a document for inspection. Local Court (Civil Jurisdiction) Rules 1998 62 (2) The Court may include in an order made under this Part a condition that the applicant give security for the costs and expenses of the person against whom the order is made. 19.01 Definition In this Part, authenticity of a document means that a document: (a) is what it purports to be; (b) if it is an original or is described as such – is an original document and was printed, written, signed or executed as it purports to have been; or (c) if it is a copy or is described as such – is a true copy. 19.02 Restrictive effect of admission An admission in proceedings made by a party under this Part is for the purpose of those proceedings only and is not to be used against the party as an admission in any other proceedings. 19.03 Admission of debt (1) A party may admit a debt by filing and serving on the other party a notice of admission of debt in accordance with Form 19A. (2) On the filing of a notice of admission of debt, the Court must enter judgment against the party who made the admission. 19.04 Voluntary admission of facts (1) A party may admit facts in favour of another party by filing and serving on the other party a notice of admission of the facts specified in the notice. (2) A notice referred to in subrule (1) is to be in accordance with Form 19B. (3) With the leave of the Court, a party may withdraw an admission made under this rule. 19.05 Notice to dispute facts (1) A party may file and serve on another party a notice stating that unless the other party, within the time expressed in the notice (being not less than 14 days after service), disputes the facts specified in the notice that party will be taken to admit the facts. Local Court (Civil Jurisdiction) Rules 1998 63 (2) A notice to dispute facts referred to in subrule (1) is to be in accordance with Form 19C. (3) A party served with a notice under subrule (1) may dispute facts specified in the notice by filing and serving, within the time expressed in that notice, a notice in accordance with Form 19D. (4) If a party served with a notice under subrule (1) does not dispute a fact, the party is taken to admit that fact. (5) With the leave of the Court, a party may withdraw an admission that is taken to have been made under subrule (4). 19.06 Notice to dispute authenticity of documents (1) A party may file and serve on another party a notice stating that unless the other party, within the time expressed in the notice (being not less than 14 days after service), disputes the authenticity of the documents specified in the notice that party will be taken to admit their authenticity. (2) A notice to dispute the authenticity of documents referred to in subrule (1) is to be in accordance with Form 19E. (3) A party served with a notice under subrule (1) may dispute the authenticity of documents specified in the notice by filing and serving, within the time expressed in that notice, a notice in accordance with Form 19F. (4) If a party served with a notice under subrule (1) does not dispute the authenticity of a document, the party is taken to admit its authenticity. (5) With the leave of the Court, a party may withdraw an admission that is taken to have been made under subrule (4). 19.07 Costs of proof Where a party: (a) serves a notice under rule 19.05(3) disputing a fact and later the fact is proved in the proceedings; or (b) serves a notice under rule 19.06(3) disputing the authenticity of a document and later its authenticity is proved in the proceedings, the party must pay the costs of proof unless the Court orders Local Court (Civil Jurisdiction) Rules 1998 64 19.08 Judgment on admission (1) Where a party makes an admission of fact in proceedings, whether by the party's pleading or otherwise, the Court may, on the application of another party, give the judgment or make the order to which the applicant is entitled on the admission. (2) The Court may exercise the powers under subrule (1) whether or not there are other questions to be determined in the proceedings. 20.01 Definitions claim includes a counterclaim and a claim made under Part 13. contribution claim means a claim by a defendant to recover contribution or indemnity against a person (whether a defendant or not) in respect of a claim for a debt or damages made by a plaintiff. defendant includes a defendant to a counterclaim and a party against whom a claim is made under Part 13. party means the plaintiff or defendant. plaintiff includes a defendant who serves a counterclaim and a party who makes a claim under Part 13. 20.02 Party may make offer (1) At any time before judgment in proceedings, a party may serve on the other party an offer of compromise of the plaintiff's claim on the terms specified in the offer. (2) For the purposes of this Division, an offer of compromise is to: (a) be in writing and prepared in accordance with rule 3.05; and (b) contain a statement that the offer is made in accordance with this Division. (3) A party may make more than one offer of compromise to the other Local Court (Civil Jurisdiction) Rules 1998 65 20.03 Acceptance of offer (1) An offer of compromise is open for acceptance at any time after (2) Not later than 3 days after being served with an offer of compromise, the party served must serve on the party making the offer an acknowledgement of service of the offer. (3) A party may withdraw an offer of compromise at any time before acceptance by serving a notice in writing on the other party. (4) A party may accept an offer of compromise at any time before judgment or withdrawal of the offer by serving a notice of acceptance on the party making the offer. (5) Where a plaintiff accepts a defendant's offer of compromise in accordance with subrule (4), unless the Court orders otherwise or the parties agree otherwise: (a) the defendant must pay the plaintiff's costs in respect of the claim to and including the day on which the offer was served; and (b) the plaintiff must pay the defendant's costs from the date 7 days after the day on which the offer was served to the date of acceptance. (6) Where a defendant accepts a plaintiff's offer of compromise in accordance with subrule (4), unless the Court orders otherwise or the parties agree otherwise: (a) the defendant must pay the plaintiff's costs in respect of the claim to and including the day on which the offer was served; and (b) the Court may make the orders it considers appropriate in respect of costs incurred after the offer was served. (7) If an offer of compromise contains a term that purports to negative or limit the operation of subrule (1), (5) or (6), the offer has no effect under this Division. 20.04 Effect of offer An offer of compromise made in accordance with this Division is to be taken as an offer of compromise made without prejudice unless the offer states otherwise. Local Court (Civil Jurisdiction) Rules 1998 66 20.05 No disclosure of offer to Court (1) A document filed in the Court is not to contain a statement that an offer of compromise has been made. (2) If an offer of compromise is not accepted, no communication with respect to the offer may be made to the Court at the hearing of the proceedings until after all questions of liability and the relief to be granted are determined. (3) Subrules (1) and (2) do not apply where an offer of compromise states that it is not a without prejudice offer. 20.06 Order in terms of accepted offer Either party may apply to the Court for an order in the terms of an offer of compromise that has been accepted. 20.07 Costs consequences of failure to accept (1) This rule applies to an offer of compromise that has not been accepted at the time of judgment. (2) If: (a) a defendant does not accept an offer of compromise made by a plaintiff; and (b) the plaintiff obtains a judgment on the claim to which the offer relates that is equal to or more than the offer made, the plaintiff is entitled to an order that the defendant must pay the plaintiff's costs in respect of the claim from the date of service of the offer, to be taxed or agreed on an indemnity basis, unless the Court orders otherwise. (3) If: (a) a plaintiff does not accept an offer of compromise made by a defendant; and (b) the plaintiff obtains a judgment on the claim to which the offer relates that is equal to or less than the offer made, unless the Court orders otherwise: (c) the plaintiff is entitled to an order that the defendant must pay the plaintiff's costs in respect of the claim to and including the day on which the offer was served, to be taxed or agreed on a standard basis; and Local Court (Civil Jurisdiction) Rules 1998 67 (d) the defendant is entitled to an order that the plaintiff must pay the defendant's costs in respect of the claim after the offer was served, to be taxed or agreed on an indemnity basis. 20.08 Multiple defendants (1) Where 2 or more defendants are joined in proceedings in respect of a claim for a debt or damages and rights of contribution or indemnity appear to exist between them, one or more of the defendants may make an offer of compromise of: (a) the plaintiff's claim; and (b) the claims of all the other defendants for contribution or indemnity. (2) An offer of compromise under subrule (1) is to be: (a) made on behalf of all the defendants; and (b) served on the plaintiff and all other defendants. (3) If the defendant's offer is not accepted and the judgment is equal to or less than the defendant's offer, unless the Court orders otherwise, the defendant is entitled to an order that: (a) the plaintiff; or (b) one or more of the other defendants, as the Court determines, must pay the defendant's costs in respect of the claim, commencing 7 days after the day on which the offer was served, to be taxed or agreed on a standard basis. (4) Where 2 or more defendants are joined in proceedings in respect of a claim for debt or damages and rights of contribution or indemnity appear to exist between them, the plaintiff may make an offer of compromise of the plaintiff's claim against all of them. (5) The plaintiff must serve an offer of compromise under subrule (4) on all the defendants. (6) If the plaintiff's offer is not accepted and the judgment is equal to or more than the offer, the Court may make the orders for costs it considers appropriate against some or all of the defendants. Local Court (Civil Jurisdiction) Rules 1998 68 20.09 Offer to contribute (1) Where a defendant makes a contribution claim, a party to the contribution claim may serve on any other party to the contribution claim an offer to contribute toward a compromise of the plaintiff's claim on the terms specified in the offer. (2) The Court may take an offer to contribute into account in determining whether to make an order that the party on whom the offer to contribute was served should pay the whole or part of: (a) the costs of the party who made the offer; or (b) the costs that the party who made the offer is liable to pay to the plaintiff. (3) Rules 20.04 and 20.05 apply with the necessary changes to an offer to contribute as if it were an offer of compromise. 20.10 Interest on offer of compromise In considering the effect of an offer of compromise, the Court must not take into account interest that accrued on the claim the subject of the offer after the date of service of the offer. 20.11 Where tender before action pleaded A defendant who pleads or otherwise raises a defence of tender before action must pay into the Court the sum of money alleged to have been tendered, unless the Court orders otherwise. 20.12 Paying money into Court A defendant may pay money into the Court in answer to a claim or in addition to money previously paid into the Court under this Division. 20.13 Notice of deposit On paying money into the Court under this Division, a defendant must: (a) file a notice of deposit in accordance with Form 20A; and (b) immediately serve a copy of the notice of deposit on the plaintiff. Local Court (Civil Jurisdiction) Rules 1998 69 20.14 Withdrawal by defendant (1) Subject to subrule (2), and with the leave of the Court, a defendant may withdraw the whole or a part of the money he or she paid into the Court under this Division. (2) A defendant is not entitled to withdraw money after the money is accepted by the plaintiff. (3) A withdrawal under subrule (1) is to be made by filing a notice of withdrawal of deposit in accordance with Form 20B. (4) On the filing of a notice of withdrawal of deposit, the defendant is entitled to receive payment of the money withdrawn. (5) A notice of withdrawal of deposit is to be served on the plaintiff immediately after the notice is filed. 20.15 Acceptance by plaintiff (1) A plaintiff served with a notice of deposit may, in accordance with this rule, accept money paid into the Court in satisfaction of the claim in respect of which the defendant paid the money into the (2) Where a defendant files a notice of deposit in answer to a claim before the beginning of the hearing of the proceedings, the plaintiff may accept the money in satisfaction of the claim: (a) not later than 14 days after service of that notice on the plaintiff; and (b) before the beginning of the hearing, by filing and serving a notice of acceptance in accordance with Form 20C. (3) Where a defendant: (a) files a notice of deposit in answer to a claim after the beginning of the hearing of the proceedings; or (b) by a notice in accordance with Form 20D served on the plaintiff after the hearing begins, confirms a notice of deposit, the plaintiff may, subject to subrule (4), accept the money in satisfaction of the claim not later than 2 days after service on him or her of the relevant notice by: (c) announcement to the Court during the hearing; and Local Court (Civil Jurisdiction) Rules 1998 70 (d) filing a notice of acceptance in accordance with Form 20C on the day of the announcement. (4) A plaintiff is not entitled to accept money under subrule (3) after the Judge gives his or her decision or begins to give his or her reasons for decision. (5) A defendant who serves notice of confirmation under subrule (3)(b) must file the notice on the day of service. (6) Where a plaintiff sues in respect of more than one claim and he or she accepts money paid into the Court in answer to one or more of the claims, but not all of them, the plaintiff may, by filing a notice (which may be combined with his or her notice of acceptance), abandon all causes of action other than the cause or causes of action to which the acceptance relates. (7) Where a plaintiff sues 2 or more defendants in a claim against them jointly and he or she accepts money paid into the Court by one or more but not all of those defendants in answer to the claim, the plaintiff may, by filing a notice (which may be combined with his or her notice of acceptance), abandon his or her claim against the other defendant or all those other defendants. (8) Subject to rule 20.17, a plaintiff who accepts money under this rule is entitled to receive payment of the money without an order of the 20.16 Effect of acceptance (1) Where a plaintiff accepts money paid into the Court in satisfaction of a claim against a defendant paying money into the Court, the proceedings are stayed in relation to: (a) the claim against the defendant; (b) an alternative claim against the defendant or some other defendant; and (c) if the defendant, in paying the money into the Court, had taken into account a counterclaim referred to in rule 20.20(2) – the counterclaim against the plaintiff. (2) Where a defendant pays money into the Court in answer to a claim and the plaintiff accepts the money in satisfaction of the claim against the defendant, the liability of another person (whether a party to the proceedings or not) jointly with the defendant in respect of the claim is satisfied to the extent of the amount of the money accepted and is discharged by the acceptance only to that extent. Local Court (Civil Jurisdiction) Rules 1998 71 20.17 Order for payment out after acceptance (1) Where a plaintiff accepts money paid into the Court in satisfaction of a claim in the following circumstances, the money is to be paid out only by order of the Court: (a) where the money was paid into the Court in answer to a claim to which the defendant making the payment properly raised a defence of tender before the commencement of the proceedings; (b) where the plaintiff accepts the money after the beginning of the hearing of the proceedings; (c) where the plaintiff is a person under a disability. (2) On an application for an order under subrule (1) the Court must, as far as practicable, deal with the costs of the proceedings. 20.18 Money not accepted Subject to rule 20.14, where money paid into the Court by a defendant is not accepted by the plaintiff in accordance with rule 20.15, the defendant is entitled to receive payment of the money without an order of the Court. 20.19 No disclosure of payment into court (1) Subject to subrules (2) and (3), the fact that money has been paid into the Court is not to be: (a) pleaded or disclosed in an affidavit; or (b) disclosed to the Court at: (i) the hearing of a proceedings; or (ii) the hearing of a question of liability or the amount of debt or damages, until all questions of liability or amount of debt or damages have been decided. (2) Subrule (1) does not apply where the money has been paid into the Court in answer to a claim to which the defendant pleads or otherwise properly raises a defence of tender before commencement of the proceedings. Local Court (Civil Jurisdiction) Rules 1998 72 (3) Subrule (1)(b) does not apply: (a) where the plaintiff accepts the money in accordance with rule 20.15; or (b) where the disclosure is necessary for the purpose of an application under this Division. 20.20 Costs consequences of payment into Court (1) Where, before the hearing of the proceedings begins, a plaintiff: (a) accepts money paid into the Court by a defendant in answer to a claim; (b) if applicable – abandons all the plaintiff's other claims against the defendant; and (c) if applicable – abandons the claim against all other defendants sued on the claim jointly with the defendant paying the money into the Court, after payment out and unless the Court orders otherwise, the plaintiff is entitled to a taxation of his or her costs in respect of the plaintiff's claim against the defendant who paid the money into the Court incurred before service of the notice of deposit of the money. (a) a defendant who has counterclaimed pays money into the Court and in the notice of deposit states that the defendant takes into account the counterclaim with a view to its abandonment in the event the money is accepted; and (b) the money is accepted before the hearing of the proceedings begins, unless the Court orders otherwise, the defendant is entitled to a taxation of his or her costs in respect of the counterclaim incurred before service of the notice of acceptance. (3) A party whose costs under this rule are not paid before the end of 21 days after the taxation of costs is completed may enter judgment for the taxed costs. Local Court (Civil Jurisdiction) Rules 1998 73 21.01 Manner of giving evidence Except where otherwise provided by or under an Act or by these Rules or unless the Court orders otherwise, the evidence of a witness is to be given: (a) at the hearing of proceedings – orally on oath or, subject to rule 21.02, by affidavit; and (b) on any other application in proceedings – by affidavit. 21.02 Use of affidavit at hearing (1) Where an affidavit is to be used at the hearing of proceedings, it is to be filed and a copy served on the other parties not later than 14 days before the date of the hearing, unless the Court orders (2) Not later than 7 days after a party is served with an affidavit under subrule (1), unless the Court orders otherwise, the party served may serve a notice on the party intending to rely on the affidavit that he or she requires the attendance of the deponent at the hearing for cross-examination. (3) The Court may order the deponent of an affidavit filed under subrule (1) to attend to be examined before the Court. (4) The Court may make orders relating to a deponent's costs where a deponent is required to attend in accordance with subrule (2). (5) If a deponent required to attend under subrule (2) or ordered to attend under subrule (3) fails to attend for examination, the Court may order that the deponent's affidavit is not to be received in evidence. 21.03 Attendance and production (1) The Court may make an order in proceedings for: (a) the attendance of a person for the purpose of being examined; (b) the attendance of a person and production by the person of a document or thing specified in the order. (2) An order under subrule (1) does not operate to require the person to produce a document that the person could properly object to producing on the ground of privilege. Local Court (Civil Jurisdiction) Rules 1998 74 21.04 Inspection of place, &c. The Court may inspect a place, process or thing during 21.05 Admission of copy At the hearing of a proceedings, the Court may admit as evidence a copy of a document without enquiring into the non-production of the original document if: (a) the Court considers it is proper to do so; and (b) there is no real dispute as to the contents or authenticity of the original document. 21.06 Person about to leave territory (1) If, on the application of a party, the Court is satisfied by evidence on oath that a person is: (a) able to give material evidence or to produce relevant or material documents or things relating to proceedings; and (b) likely to be absent from the Territory at the time the proceedings come on for hearing, the Court may order that, before the hearing: (c) the person must give evidence; (d) the person must produce the documents or things. (2) An order under subrule (1) is to be served: (a) personally on the person named in the order; and (b) on all other parties to the proceedings. (3) Section 194 of the Evidence (National Uniform Legislation) Act 2011 and rule 23.08 apply in relation to the order as if it were a summons. 22.01 Form of affidavit (1) An affidavit is to be made in the first person. Local Court (Civil Jurisdiction) Rules 1998 75 (2) The first page of an affidavit is to be headed immediately beneath the title of the proceedings with the name of the deponent and the date on which the affidavit is made. (3) Unless the Court orders otherwise, an affidavit is to state: (a) the deponent's place of residence; and (b) the deponent's occupation or, if the deponent has none, the deponent's description; and (c) if applicable – that the deponent is a party to the proceedings or employed by a party. (4) Despite subrule (3), where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit may, instead of stating the deponent's place of residence, state: (a) the address of the deponent's place of business; and (b) the position of the deponent; and (c) if applicable – the name of the deponent's firm or employer. (5) An affidavit is to be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject. (6) An affidavit must contain a statement of the name and address of the party on whose behalf it is filed. Note for rule 22.01 An affidavit must also comply with the requirements of the Part 3 of the Oaths, Affidavits and Declarations Act 2010. 22.02 Affidavit relating to motor vehicle accident An affidavit giving evidence of the assessment or repair of a motor vehicle is to be in accordance with Form 22A. 22.03 Affidavit by multiple deponents If an affidavit is made by 2 or more deponents, the names of the persons making the affidavit are to be inserted in the jurat unless the affidavit is made by both or all of the deponents at one time and is witnessed by the same person, in which case it is sufficient to state that it was made by "each of the above-named deponents". Local Court (Civil Jurisdiction) Rules 1998 76 22.04 Affidavit by person unable to read is unable to read, the person must certify in or below the jurat that: (a) the affidavit was read to the deponent in the person's presence; and (b) it appeared to the person that the deponent understood the (c) the deponent signed his or her name or made a mark in the person's presence. affidavit of a deponent who is unable to read, the affidavit is not to be used in evidence unless the Court is satisfied that it was read to the deponent and that the deponent appeared to understand it. 22.05 Affidavit by person unable to write is physically unable to sign his or her name or make a mark, the person must certify in or below the jurat that: (a) the affidavit was read to the deponent in the person's presence; and (b) it appeared to the person that the deponent understood the (c) the affidavit was made by the deponent without the deponent signing his or her name or making a mark because the deponent was physically unable to do so. affidavit by a deponent who is physically unable to sign his or her name or make a mark, the affidavit is not to be used in evidence unless the Court is satisfied that it was read to the deponent and that the deponent appeared to understand it. Local Court (Civil Jurisdiction) Rules 1998 77 22.06 Affidavit by person unable to understand English is unable to understand the English language, the person must certify in or below the jurat that: (a) the affidavit was made with the assistance of an interpreter (naming the interpreter) who first took an oath that he or she: (i) understands the English language and the language of the deponent (naming the language); and (ii) would truly and faithfully interpret to the deponent the contents of the affidavit and the oath to be administered to the deponent; and (b) the affidavit was read to the deponent in the person's presence with the assistance of the interpreter; and (c) it appeared to the person that the deponent understood the (d) the deponent signed his or her name or made a mark in the person's presence. affidavit by a deponent who is unable to understand the English language, the affidavit is not to be used in evidence unless the Court is satisfied that it was: (a) made in accordance with subrule (1)(a); and (b) read to the deponent with the assistance of an interpreter and the deponent appeared to understand it. 22.07 Content of affidavit (1) Unless these Rules provide otherwise, an affidavit is to be confined to facts that the deponent is able to state of his or her own knowledge. (2) In an application in proceedings, an affidavit may contain a statement of fact based on information and belief if the grounds are set out in the affidavit. 22.08 Annexures and exhibits (1) A document referred to in an affidavit: (a) is to be annexed to the affidavit; or Local Court (Civil Jurisdiction) Rules 1998 78 (b) if the document is too large to be annexed, may be referred to as an exhibit. (2) An exhibit to an affidavit is to be identified by a separate certificate that: (a) is annexed to the exhibit; and (b) bears the same title as the affidavit; and (c) is signed by the person witnessing the affidavit. 22.09 Filing (1) An affidavit is to be filed. (2) Unless the Court orders otherwise, an affidavit that has not been: (a) filed; or (b) served and filed in compliance with these Rules or an order of the Court, may not be used by the party by whom or on whose behalf it was made. 22.10 Alterations An affidavit that has an interlineation, erasure or other alteration in the body or jurat may, unless the Court orders otherwise, be filed but may not be used without the leave of the Court unless the deponent and the person who witnessed the affidavit have initialled the alteration. 22.11 Irregularity An affidavit that is irregular in form may: (a) unless the Court orders otherwise, be filed; and (b) with the leave of the Court, be used in evidence. 22.12 Affidavit witnessed by party etc. (1) Unless the Court orders otherwise, an affidavit witnessed by: (a) the law practice acting for the party on whose behalf it is to be used; or (b) an employee of the law practice, Local Court (Civil Jurisdiction) Rules 1998 79 may be used in evidence. (2) Subject to subrule (3), an affidavit witnessed by: (a) the party on whose behalf it is to be used; or (b) an employee of that party, is not to be used in evidence without the leave of the Court. (3) Where the Territory is the party on whose behalf the affidavit is to be used, the affidavit may be witnessed by an employee of the Territory. 22.13 Affidavit made before commencement of proceedings Unless the Court orders otherwise, an affidavit may be used in proceedings despite having been made before the commencement of the proceedings. 23.01 Definitions summons for production means an order in writing requiring a person to attend at the Court as directed by the order for the purpose of producing a document or thing for evidence. summons to give evidence means an order in writing requiring a person to attend at the Court as directed by the order for the purpose of giving evidence. 23.02 Order to attend (1) The Court may, by summons, order a person to attend the hearing of proceedings or attend at any stage of a proceeding for the purpose of giving evidence or producing a document or thing for evidence, or for both purposes. (2) An order by summons for the attendance of a person to give evidence or produce a document or thing is to be taken as made when the summons is issued. 23.03 Summons to give evidence (1) A summons to give evidence: (a) is to be in accordance with Form 23A; Local Court (Civil Jurisdiction) Rules 1998 80 (b) may be addressed to one or more persons; and (c) is to be filed in sufficient numbers for service and proof of (2) On the filing of a summons to give evidence, a registrar must: 23.04 Form and filing of summons for production A summons for production is to be: (a) if it is addressed to a person other than a corporation – in accordance with Form 23B; (b) it is addressed to a corporation – in accordance with Form 23C; (c) addressed to one person only and, if it is addressed to a firm, may include the address of each partner of the firm; and (d) filed in sufficient numbers for service and proof of service. 23.05 Summons for production after hearing date fixed Where the Court has fixed a date for the hearing of proceedings and a party to the proceedings files a summons for production, a registrar must: 23.06 Summons for production before hearing date fixed (1) Where the Court has not fixed a date for the hearing of proceedings, a party to the proceedings must seek the leave of the Court to file and serve a summons for production. (2) An application for leave under subrule (1) is to be made: (a) at a prehearing conference; or (b) under Part 25. Local Court (Civil Jurisdiction) Rules 1998 81 (3) Where the Court gives leave under this rule for a party to file and serve a summons for production, the party must specify in the summons the date for attendance at Court, being a date: (a) when the Court hears interlocutory matters; and (b) that allows the person ordered to attend a reasonable time in which to comply with the summons. (4) Where a party files a summons for production under this rule, a registrar must: 23.07 Service A sealed copy of a summons for production or summons to give evidence is to be served personally in accordance with these Rules. 23.08 Expenses and losses incurred complying with summons (1) A person is not required to comply with a summons for production or a summons to give evidence unless the person has been provided with a reasonable sum of money for his or her costs, as mentioned in section 194(1)(c) of the Evidence (National Uniform Legislation) Act 2011. (2) Where a person: (a) is not a party to the proceedings; and (b) reasonably incurs expense or loss in complying with a summons for production that is more than the costs mentioned in subrule (1); the Court may order that the party who served the summons for production must pay to the person an amount in respect of the expense or loss. (3) If a person who attends in answer to a summons to give evidence, before taking the oath as a witness, requests the Court to fix an amount to be paid to him or her in respect of expense incurred in attending as a witness, the Court must do so. (4) A witness referred to in subrule (3) is not to be compelled to give evidence until the Court is satisfied that proper arrangements have been made for the payment of the amount fixed by the Court. Local Court (Civil Jurisdiction) Rules 1998 82 23.09 Delivery of documents by hand or post (1) Unless the Court orders otherwise, a summons for production is to permit the person to whom the summons is addressed, instead of attending at the Court to produce the document or thing, to deliver it by hand or send it by post to a registrar so that the registrar receives it not later than 2 days before the day on which production is required by the summons. (2) Where a document or thing is delivered or sent to a registrar under subrule (1), the registrar must: (a) if requested to do so, give a receipt to the person who delivered or posted the document or thing; and (b) produce the document or thing to the Court as the case requires or the Court directs. (3) This rule does not apply to any part of a summons that requires a person to attend for the purpose of giving evidence. 23.10 Objections and setting aside summons (1) A person served with a summons for production or a summons to give evidence may: (a) notify the Court on attendance that he or she objects to producing a document or thing or giving evidence; or (b) before the date fixed for attendance, apply to the Court to have the summons set aside. (2) The Court may set aside a summons for production or a summons to give evidence or, in the case of a summons for production, may set aside a part of the summons. 23.11 Orders for inspection (1) Where: (a) a summons for production is issued under rule 23.05; (b) the date specified for attendance and production is a date earlier than the date fixed for the hearing of the proceedings; and (c) the person served with the summons: (i) delivers, sends by post or produces a document or thing; or Local Court (Civil Jurisdiction) Rules 1998 83 (ii) objects to producing a document or thing, a registrar must: (d) fix a date, time and place for an interlocutory hearing or directions hearing at which the Court will: (i) make orders or give directions relating to the inspection of a document or thing produced or any other matter considered necessary; or (ii) determine objections to production; and (e) notify all the parties: (i) that the document or thing is at the Court or the person served with the summons objects to producing the document or thing; (ii) that the Court will make orders or give directions relating to the objections or the inspection of the document or thing; and (iii) of the date, time and place of the interlocutory hearing or directions hearing. (2) Where a summons for production is issued under rule 23.06, at the interlocutory hearing held on the date specified for attendance and production, the Court must: (a) hear and determine objections to production (if any); and (b) make orders or give directions relating to the inspection of documents or things produced or any other matter considered necessary. 24.01 Statement of expert evidence (1) A party who intends at a hearing to adduce evidence from a person in the person's capacity as an expert must, not later than 28 days before the date fixed for the hearing, serve on each other party a statement from the expert in accordance with subrule (2). (2) A statement from an expert is to: (a) give the expert's name and address; Local Court (Civil Jurisdiction) Rules 1998 84 (b) describe his or her qualifications to give evidence as an expert; and (c) state the evidence to be adduced from the expert. (3) Unless the Court gives leave or the parties consent, a party is not entitled, except in cross-examination, to adduce evidence from a witness as an expert unless the party has served a statement under subrule (1). 24.02 Putting other party's expert statement in evidence A party may put in evidence a statement from an expert served on that party under rule 24.01. 24.03 Request for examination of plaintiff (1) Where a plaintiff claims damages for personal injury a defendant may, in writing, request the plaintiff to submit to an appropriate examination by a medical expert at a specified time and place. (2) If: (a) a plaintiff refuses or neglects without reasonable cause to comply with a request under subrule (1); and (b) the defendant's request is reasonable, the Court may stay the proceedings. 24.04 Costs of examination (1) Unless the Court orders otherwise, the costs of and incidental to an examination referred to in rule 24.03 are costs in the proceedings. (2) Without limiting subrule (1), the defendant must, on request by the plaintiff (whether before or after the plaintiff is examined), pay to the plaintiff a reasonable sum to meet the plaintiff's travelling and other expenses of and incidental to the examination. 24.05 Report of examination A defendant at whose request a plaintiff is examined under rule 24.03 must: (a) obtain a medical report from the medical expert as soon as practicable after the examination; and (b) unless the Court orders otherwise, serve a copy on the plaintiff not later than 21 days after receipt of the medical report. Local Court (Civil Jurisdiction) Rules 1998 85 24.06 Expert's report admissible Where a copy of a statement or report is served in accordance with rule 24.01 or 24.05, the statement or report is admissible: (a) as evidence of the expert's opinion; and (b) where the expert's oral evidence of a fact on which the opinion is based would be admissible – as evidence of that fact. 24.07 Attendance of expert (1) A party served with a statement or report from an expert may serve a notice on the party who intends to rely on the statement or report that the party served requires the attendance of the expert for cross-examination at the hearing of the proceedings. (2) A notice requiring the attendance of an expert for cross- examination is to be served not later than 14 days before the commencement of the hearing. (3) The party who served the statement or report must cause the expert to attend the hearing unless the Court orders otherwise. (4) If the expert in respect of whom a notice is served under subrule (2) fails to attend for cross-examination, the Court may order that his or her statement or report is not to be received in evidence. (5) Where: (a) an expert's statement or report is received in evidence; and (b) the expert fails to attend for cross-examination, a party may not, without the leave of the Court on just terms, lead evidence to contradict the evidence of the expert. 25.01 Definition In this Part, hearing means the hearing of an application. 25.02 Form of application An application in proceedings is to be: (a) in accordance with Form 25A unless these Rules provide otherwise or the Court orders otherwise; and Local Court (Civil Jurisdiction) Rules 1998 86 (b) supported by an affidavit where the applicant wishes to lead evidence in support of the application. 25.03 Filing (1) An application is to be filed. (2) An application is taken to be made at the time it is filed. (3) A registrar must fix a date, time and place for the hearing and mark (4) An affidavit in support of an application is to be filed before the hearing of the application. 25.04 Service (1) Subject to these Rules, an applicant must serve a copy of an application and a supporting affidavit on every person to whom notice of the application is to be given: (a) within a reasonable time before the date fixed for the hearing but not later than 2 p.m. on the day before the date fixed for the hearing; or (b) where the office of the Court is closed on the day before the date fixed for the hearing, not later than 2 p.m. on the day the office is last open before that date. (2) At the hearing, the Court may order that a copy of the application and any document in support be served on a person who appears to the Court to have a sufficient interest in the determination of the 25.05 Person served to file affidavit A person served with an application under this Part must, before the hearing of the application, file and serve on the applicant the affidavits on which the person intends to rely at the hearing. 25.06 Failure to attend hearing (1) If a person to whom an application is addressed fails to attend the hearing, the Court may hear the application if satisfied that the application and affidavit in support were properly served. (2) If the applicant fails to attend the hearing, the Court may dismiss the application or make the orders it considers appropriate. Local Court (Civil Jurisdiction) Rules 1998 87 25.07 Attendance by teleconferencing (1) With the leave of the Court, a person may attend the hearing by teleconferencing if physical attendance is impracticable. (2) A person wishing to attend a hearing by teleconferencing must seek the leave of the Court not later than 24 hours before the time fixed for the hearing. (3) Leave under this rule may be granted informally by telephone and without notice to any other person. (4) A person who is granted leave to attend a hearing by teleconferencing must give the notice to other persons that the Court directs. (5) The Court may direct that the person granted leave under this rule must reserve the teleconferencing facilities to be used at the hearing and pay the costs in connection with their use. 26.01 Injunctions (1) The Court may grant an injunction: (a) at any stage of proceedings; or (b) in an urgent case – before the commencement of (2) Unless the Court gives a party leave to apply ex parte, an application for an injunction is to be on notice. (3) An applicant for an injunction must give an undertaking to pay, in the manner the Court directs, compensation to a person who suffers loss as a result of the injunction. (4) An undertaking given under subrule (3) may be referred to in proceedings as "the usual undertaking as to damages". 26.02 Preservation of property (1) The Court may make an order in proceedings for the inspection, detention or preservation of property, whether or not it is in the possession of a party. Local Court (Civil Jurisdiction) Rules 1998 88 (2) An order under subrule (1) may authorise a person to: (a) enter on land or do an act for the purpose of obtaining access to the property; (b) take samples of the property; (c) make observations, including the photographing, of the property; (d) conduct an experiment on or with the property; or (e) observe a process. (3) Where the Court makes an order under subrule (1), the Court may make an order relating to the costs and expenses of a person who is not a party to the proceedings. (4) When making an order under this rule the Court may impose a condition that the person applying for the order must give security for the costs and expenses of a person (whether or not a party) who will be affected by the order. 27.01 Application for judgment by plaintiff (1) Where a defendant has filed a defence to the whole or part of a claim, a plaintiff may at any time apply to the Court for judgment against the defendant on the ground that the defendant has no defence: (a) to the whole or part of the claim; or (b) except as to the amount of the claim. (2) A plaintiff may make only one application for judgment under this Part unless the Court orders otherwise. 27.02 Plaintiff's affidavit (1) A plaintiff must support an application for judgment by filing an affidavit: (a) verifying the facts on which the claim or the part of the claim is based; and (b) stating that in the belief of the deponent there is no defence to the claim or the part of the claim or no defence except as to the amount of the claim. Local Court (Civil Jurisdiction) Rules 1998 89 (a) a statement in a document tends to establish a fact referred to in subrule (1)(a); and (b) at the hearing of the proceedings, the document would be admissible by or under the Evidence (National Uniform Legislation) Act 2011, the Evidence Act 1939 or a law in force in the Territory to verify that fact, the affidavit may set out the statement. (3) An affidavit under subrule (1) may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted. 27.03 Service on defendant A plaintiff must serve an application for judgment and a copy of the supporting affidavit on the defendant not later than 7 days before the date fixed for the hearing of the application. 27.04 Defendant may show cause (1) A defendant may, by affidavit or otherwise to the satisfaction of the Court, show cause against an application for judgment. (2) An affidavit under subrule (1): (a) is to show a defence to the claim or the part of the claim to which the application relates; (b) is to state the facts on which the defence is based; and (c) may contain a statement of fact based on information and belief if the grounds are set out. (3) A defendant must serve a copy of an affidavit on a plaintiff not later than 3 days before the date fixed for the hearing of the application 27.05 Hearing of application (1) On the hearing of an application for judgment, the Court may: (a) dismiss the application; Part 28 Summary stay or dismissal of claim and striking out pleading Local Court (Civil Jurisdiction) Rules 1998 90 (b) give the appropriate judgment for the plaintiff against the defendant on the claim or the part of the claim to which the application relates, having regard to the nature of the relief or remedy claimed; or (c) give the defendant leave to defend the claim or the part of the claim to which the application relates, either unconditionally or on terms in relation to giving security, paying money into the Court, time, the manner of hearing or otherwise. (2) The Court may stay the execution of a judgment given under subrule (1)(b) until after the hearing of a counterclaim made by the defendant in the proceedings. 27.06 Summary judgment for defendant On application by a defendant who has filed a defence to a claim or part of a claim, the Court may at any time give judgment for the defendant against the plaintiff if the defendant has a good defence on the merits. Part 28 Summary stay or dismissal of claim and striking out pleading 28.01 Stay or judgment in proceedings (1) Where a proceeding generally or a claim in proceedings: (a) does not disclose a cause of action; (b) is scandalous, frivolous or vexatious; or (c) is an abuse of the process of the Court, the Court may stay the proceedings generally or in relation to a claim or give judgment in the proceedings generally or in relation to a claim. (2) Where a defence to a claim in proceedings: (a) does not disclose an answer; (b) is scandalous, frivolous or vexatious; or (c) is an abuse of the process of the Court, the Court may give judgment in the proceedings generally or in relation to the claim. Part 29 Summary proceedings for recovery of possession of land Local Court (Civil Jurisdiction) Rules 1998 91 (3) In this rule: (a) a claim in proceedings includes a counterclaim and a claim by third party notice; and (b) a defence includes a defence to a counterclaim and a defence to a claim by third party notice. 28.02 Striking out pleading Where a pleading: (a) does not disclose a cause of action or defence; (b) is scandalous, frivolous or vexatious; (c) may prejudice, embarrass or delay the fair hearing of the (d) is otherwise an abuse of the process of the Court, the Court may order that the whole or part of the pleading be struck out or amended. Part 29 Summary proceedings for recovery of possession of land 29.01 Application of Part (1) Subject to subrule (2), this Part applies where a plaintiff claims the recovery of land that is occupied solely by a person: (a) who entered into occupation; or (b) having been a licensee, remained in occupation, without the consent or licence of the plaintiff or the plaintiff's predecessor in title. (2) This Part does not apply where the land is occupied by a mortgagor or successor in title and the claim is made by the mortgagee or successor in title. 29.02 Commencement of proceedings A plaintiff commences proceedings under this Part by filing an application in accordance with Form 29A. Part 29 Summary proceedings for recovery of possession of land Local Court (Civil Jurisdiction) Rules 1998 92 29.03 Who to be defendant (1) Each person in occupation of the land whose name the plaintiff knows is a defendant. (2) If the plaintiff does not know the name of a person in occupation, the proceedings may be commenced without naming the person as 29.04 Affidavit required A plaintiff must file with the application an affidavit stating: (a) the interest of the plaintiff in the land; (b) the circumstances in which the land is occupied without licence or consent and in which the claim for recovery of the land arises; and (c) if applicable – that the plaintiff does not know the name of a person occupying the land who is not named as a defendant. 29.05 Service (1) The plaintiff must serve a copy of the application and affidavit on: (a) each defendant; and (b) each person occupying the land who is not named as a (2) Service on a defendant is to be personal. (3) Service on a person occupying land who is not named as a defendant is effected: (a) by: (i) affixing a copy of the application and affidavit to a conspicuous part of the land; and (ii) if practicable – leaving in a letter-box or other receptacle for mail on the land a copy of the application and affidavit enclosed in a sealed envelope addressed to "The Occupiers"; or (b) in any other manner the Court directs. Local Court (Civil Jurisdiction) Rules 1998 93 29.06 Affidavit to be filed A person served with an application under this Part must, not less than 7 days before the hearing of the application, file and serve on the applicant the affidavits on which the person intends to rely at the hearing. 29.07 Occupier made defendant The Court may order that a person occupying land who is not named as a defendant be made a defendant or added as a 29.08 Judgment for possession A judgment for possession under this Part is to be in accordance with Form 29B. 29.09 Warrant of possession (1) Where 3 months have elapsed after a judgment for possession under this Part takes effect, the Court may give leave for the issue of a warrant of possession. (2) A plaintiff may apply for leave under subrule (1) without notice to any person unless the Court orders otherwise. (3) A warrant of possession issued under this Part is to be in accordance with Form 29C. 30.01 Definitions Commissioner means the Commissioner of Business Tenancies within the meaning of section 12 of the Business Tenancies (Fair Dealings) Act 2003. order for possession means an order for possession made under the Business Tenancies (Fair Dealings) Act 2003. retail tenancy claim means any claim or application specified in section 84 of the Business Tenancies (Fair Dealings) Act 2003. Local Court (Civil Jurisdiction) Rules 1998 94 tenancy application means an application to the Court under the Business Tenancies (Fair Dealings) Act 2003 other than a retail tenancy claim. 30.02 Applications or claims may be made by agents Any application or claim under this Part may be made by an agent of a landlord or tenant who is authorised in writing by the landlord or tenant to act in that capacity. 30.03 Form of applications (1) A tenancy application is to be in accordance with Form 30A. (2) If a tenancy application is made by a landlord who does not know the name of the tenant, the application may be directed to the occupier of the premises to which the application relates. 30.04 Filing of applications and service of tenancy applications (1) On the filing of a tenancy application, a registrar must fix a date, time and place for the hearing and mark them on the application. (2) A copy of a tenancy application must be served personally on the person to whom it is addressed as soon as practicable after the application is filed and not less than 2 days before the date fixed for the hearing. (3) If it is impracticable to effect personal service of the tenancy application or attempts to effect personal service are unsuccessful: (a) a copy of the tenancy application may be served by leaving it in a letter-box or other receptacle for mail at the last-known residential or business address of the person to whom it is addressed or by affixing it to a conspicuous part of the premises at that address; and (b) the applicant must file an affidavit stating the reasons why personal service of the tenancy application was not effected and the manner in which the tenancy application was served. 30.05 Hearing of applications (1) If the applicant fails to attend the hearing of the tenancy application, the Court may dismiss the application or make the orders it considers appropriate. Local Court (Civil Jurisdiction) Rules 1998 95 (2) If the person to whom a tenancy application is addressed fails to attend the hearing of the application, the Court may: (a) hear and determine the application if it is satisfied the application was properly served; or (b) make the orders it considers appropriate. (3) If neither party to a tenancy application attends the hearing of the application, the Court may dismiss the application or make the orders it considers appropriate. 30.06 Applications for warrant of possession (1) After an order for possession is made, the landlord may apply for a warrant of possession by filing a form of the warrant in accordance with Form 46A. (2) If the order for possession is made by the Commissioner, the landlord must also file a copy of the order. 30.07 Application of Division This Division applies in relation to a retail tenancy claim in respect of which: (a) a certificate has been issued by the Commissioner under section 104 of the Business Tenancies (Fair Dealings) Act 2003; and (b) the Court has jurisdiction under section 105 of that Act. 30.08 Commencement of proceedings (1) A plaintiff commences proceedings in respect of a retail tenancy claim by filing under Part 7 a statement of claim or an originating application, as applicable in the circumstances. (2) The statement of claim or originating application must be accompanied by the certificate issued by the Commissioner. 30.09 Case management (1) At the first conciliation conference, the parties are not required to attend personally but may be represented by a legal practitioner or, with the leave of the Court, by some other person who is fully instructed as to the conduct of the proceedings. Local Court (Civil Jurisdiction) Rules 1998 96 (2) For subrule (1), the relevant rules and prescribed forms are to be applied or used with the necessary changes. 31.01 Definitions defence includes defence to a counterclaim and to a third party claim. defendant includes a person against whom a claim is made in plaintiff includes a person who makes a claim in proceedings. 31.02 When security for costs may be ordered (1) Where: (a) a plaintiff is ordinarily resident out of the Territory; (b) a plaintiff: (i) is a corporation; or (ii) is suing for the benefit of another person and not for the plaintiff's own benefit (other than a plaintiff suing in a representative capacity), and there is reason to believe that the plaintiff has insufficient assets in the Territory to pay the costs of the defendant if ordered to do so; (c) proceedings by the plaintiff for the same claim is pending in another court; (d) subject to subrule (2), the address of a plaintiff is not stated or is stated incorrectly in the plaintiff's originating process; (e) a plaintiff has changed his or her address after the commencement of the proceedings in order to avoid the consequences of the proceedings; or (f) the Court may require security for costs under the Corporations Act 2001 or another Act, Local Court (Civil Jurisdiction) Rules 1998 97 on the application of a defendant, the Court may order that the plaintiff give security for the defendant's costs of defending the proceedings and that the proceedings against the defendant be stayed until the security is given. (2) The Court must not require a plaintiff to give security for costs by reason only of subrule (1)(d) if in failing to state his or her address or in stating his or her address incorrectly the plaintiff acted innocently and without intention to deceive. 31.03 Manner of giving security Where an order is made requiring the plaintiff to give security for costs, security is to be given in the manner and within the time the Court directs. 31.04 Failure to give security Where a plaintiff fails to give the security required by an order, the Court may dismiss the plaintiff's claim. 31.05 Setting aside or variation of order The Court may set aside or vary an order requiring a plaintiff to give security for costs. 31.06 Payment by irrevocable guarantee Where the Court makes an order requiring a plaintiff to pay money into the Court as security for costs, subject to rule 31.07, it is sufficient compliance if the plaintiff files an irrevocable guarantee given by an ADI that it will pay the money into the Court if ordered by the Court to do so. 31.07 Requirements of guarantee An irrevocable guarantee is to be: (a) in accordance with Form 31A; (b) given by an ADI approved by a registrar; and (c) sealed by the ADI or signed by an officer of the ADI who has written authority from the ADI to sign the guarantee on its behalf. 31.08 Liability of ADI (1) An irrevocable guarantee filed under rule 31.06 may be amended or revoked only with the leave of the Court. Local Court (Civil Jurisdiction) Rules 1998 98 (2) Unless the Court orders otherwise, an ADI that has given an irrevocable guarantee may discharge its liability under the guarantee only by: (a) payment into the Court of the total sum guaranteed; and (b) filing a notice of discharge and payment into the Court in accordance with Form 31B. 32.01 When conferences to be held (1) When a notice of defence is filed, a registrar must fix a date, time and place for a conciliation conference and must give all parties notice of the conference in accordance with Form 32A. (2) The date fixed under subrule (1) is to be 21 days after a notice of defence is filed or as soon as practicable after that date. (3) At any stage of proceedings, the Court may order that a conciliation conference or a prehearing conference be held. 32.02 Who to attend conferences (1) Each party must attend a conciliation conference or a prehearing conference: (a) in the case of an individual – in person; (b) in the case of a corporation – by an officer or employee of the corporation authorised by the corporation to attend; (c) in the case of a firm – by all the partners, or by one or more partners with the unfettered written authority of all the other partners to attend; or (d) in the case of the Territory – by an employee (as defined in the Public Sector Employment and Management Act 1993) of the Agency on behalf of which the Territory is conducting the proceedings who is authorised in writing by the Chief Executive Officer of that Agency to attend. (2) An authorisation to attend a conciliation conference or prehearing conference referred to in subrule (1)(b), (c) or (d) includes an authorisation to settle the proceedings if possible. Local Court (Civil Jurisdiction) Rules 1998 99 (3) A party may be accompanied by a legal practitioner or, with the leave of the Court, by some other person who is fully instructed as to the conduct of the proceedings including the options for settlement and advice from counsel, if obtained. (4) A party for whom physical attendance is impracticable may, with the leave of the Court obtained in accordance with rule 32.03, attend by teleconferencing. (5) The Court may dispense with the requirement of attendance in person (whether physically or by teleconferencing) in special circumstances. 32.03 Attendance by teleconferencing (1) A party wishing to attend a conciliation conference or prehearing conference by teleconferencing must seek the leave of the Court not later than 24 hours before the time fixed for the conference. (2) Leave may be granted informally by telephone and without notice to any other party. (3) A party granted leave under this rule must give the notice to the other parties that the Court directs. (4) The Court may direct that a party granted leave under this rule must reserve the teleconferencing facilities to be used at the conciliation or prehearing conference and pay the costs in connection with their use. 32.04 Procedure at conciliation conference (1) At a conciliation conference, the parties must be in a position to indicate: (a) where the party is the plaintiff – particulars of the claim and the relief sought; (b) where the party is the defendant – the issues (if any) and the grounds on which liability is denied; (c) the issues of fact and law; (d) whether any amendment to the pleadings is anticipated or required; (e) the nature of any necessary interlocutory matters, including interrogation; Local Court (Civil Jurisdiction) Rules 1998 100 (f) the nature of any steps that need to be taken prior to the hearing of the proceedings; (g) the prospects of settlement and be able to respond to an offer of settlement; and (h) any other matter that might affect readiness for the hearing of the proceedings or scheduling for the hearing. (2) At a conciliation conference, the Court may: (a) conciliate between the parties and make recommendations for the resolution of the issues to facilitate agreement between the parties; (b) refer the parties to a mediation conference; or (c) give the directions it thinks necessary for the expeditious determination of the proceedings. (3) The Court may: (a) adjourn the conciliation conference and fix a date, time and place for the adjourned conference; (b) fix a date, time and place for a prehearing conference; or (c) fix a date, time and place for the hearing of the proceedings. (4) For the purpose of subrule (2)(c), but without limiting its generality, the Court may give directions relating to: (a) the facilitating of agreement between the parties; (b) the service of documents; (c) the settling of issues for the hearing of the proceedings; (d) particulars of the statement of claim or defence to be provided; (e) the attendance of the parties to give evidence (whether or not on oath) at a prehearing conference or the hearing of the proceedings; (f) the giving of evidence and calling of witnesses; (g) discovery and inspection; (h) interrogatories and answers to interrogatories; Local Court (Civil Jurisdiction) Rules 1998 101 (j) dispensing with the requirement for and delivery of pleadings, giving discovery, delivery of interrogatories, and other matters of practice and procedure; (k) the making of admissions relating to a matter in question; (m) the admission into evidence of facts or documents; (n) expediting further conferences; or (p) time limits for further pleadings. (5) Directions given under this rule are to be set out in a scheduling order in accordance with Form 32B. 32.05 Case management statement Not later than 2 days before the date fixed for a prehearing conference, each party must file and serve on each other party a case management statement in accordance with Form 32C. 32.06 Procedure at prehearing conference (1) At a prehearing conference, the parties must be in a position to indicate: (a) the prospects of settlement and be able to respond to an offer of settlement; and (b) any other matter that might affect readiness for the hearing of the proceedings or scheduling for the hearing. (2) At a prehearing conference, the Court may: (a) conciliate between the parties and make recommendations for the resolution of the issues to facilitate agreement between the parties; (b) refer the parties to a mediation conference; or (c) give the directions it thinks necessary for the expeditious determination of the proceedings. (3) If no agreement is reached, the Court: (a) must settle a joint memorandum of issues to be signed by each party; Local Court (Civil Jurisdiction) Rules 1998 102 (b) must be satisfied as to the matters in each case management statement and confirm the following details with the parties: (i) medical or expert reports to be relied on; (ii) the number of witnesses, both expert and non-expert; (iii) the estimated length of the hearing of the proceedings; (iv) teleconferencing arrangements; (v) whether counsel has been briefed and whether advice on evidence has been obtained; and (c) may: (i) adjourn the prehearing conference; (ii) list the matter before a Judge; or (iii) list the matter for hearing. 32.07 Mediation conference (1) Where the Court refers the parties to a mediation conference, a registrar must fix a date, time and place for the conference and give all parties notice of them. (2) A mediation conference is to be held before: (a) a judicial registrar; (b) a registrar; or (c) a mediator appointed by the Chief judge or a judicial registrar from the list of mediators referred to in rule 32.08(2). (3) Each party must attend a mediation conference: (a) in the case of an individual – in person; (b) in the case of a corporation – by an officer or employee of the corporation authorised by the corporation to attend; (c) in the case of a firm – by all the partners, or by one or more partners with the unfettered written authority of all the other partners to attend; or (d) in the case of the Territory – by an employee (as defined in the Public Sector Employment and Management Act 1993) of the Agency on behalf of which the Territory is conducting the Local Court (Civil Jurisdiction) Rules 1998 103 proceedings who is authorised in writing by the Chief Executive Officer of that Agency to attend. (4) An authorisation to attend a mediation conference referred to in subrule (3)(b), (c) or (d) includes an authorisation to settle the matter if possible. (5) With the leave of the Court, a party attending a mediation conference may be accompanied by: (a) a legal practitioner who is fully instructed as to the conduct of the proceedings and the options for settlement; or (b) some other person. (6) The mediator may adjourn a mediation conference if the parties consider that further negotiations may lead to a settlement. 32.08 Mediators (1) In this rule, mediator does not include a judicial registrar or registrar. (2) The Court may keep a list of persons who are, in the Chief Judge's opinion, suitably qualified to act as mediators under this Part and who are willing to do so. (3) The costs and expenses of a mediator may be fixed by the Chief Judge and, subject to rule 32.09, are to be shared equally by all parties to the mediation. (4) The Court may make an order necessary to secure or enforce payment of a mediator's costs and expenses. 32.09 Costs on adjournment of mediation If a party applies to adjourn a mediation conference without the consent of the other parties, and the conference is adjourned, the party must: (a) if the mediator is appointed under rule 32.07(2)(c) – immediately pay the mediator's costs; and (b) pay the other parties' costs thrown away as a result of the adjournment. Local Court (Civil Jurisdiction) Rules 1998 104 32.10 Consequences of failure to attend, &c. If a party fails to: (a) attend a conciliation conference, prehearing conference or mediation conference after receiving notice to attend; (b) prepare adequately for a conciliation conference, prehearing conference or mediation conference; or (c) comply with an order or direction of the Court, including an order or direction contained in a scheduling order under rule 32.04(5), the Court may: (d) in the case of failure by a plaintiff or other party claiming relief – strike out the claim; (e) in the case of failure by a defendant or other party against whom relief is claimed – make an order against the party permitting the party claiming the relief to proceed as if a notice of defence had not been filed; (f) make orders relating to costs that it considers appropriate, including an order that a legal practitioner pay all or part of the costs payable; (g) list the proceedings before a Judge; or (h) make any other order it considers appropriate. 32.11 Confidentiality (1) Unless the parties consent, evidence of things said or admissions made in the course of and for the purpose of: (a) conciliation during a conciliation or prehearing conference; or (b) mediation during a mediation conference, is not admissible in the proceedings or in a court except to prove that a settlement was reached and the terms of that settlement. (2) Subject to subrule (1) and any other law in force in the Territory, a mediator must not disclose or be required to disclose any information of which the mediator becomes aware in the course of and for the purpose of a mediation. Local Court (Civil Jurisdiction) Rules 1998 105 Part 33 Hearing of proceedings 33.01 Directions for conduct of hearing The Court may give directions relating to the conduct of the hearing of proceedings, including the order of evidence. 33.02 Absence of party If a party is absent when the hearing of proceedings is called on, the Court: (a) may: (i) proceed with the hearing and give judgment; (ii) strike out the claim or dismiss the proceedings; or (iii) adjourn the hearing; and (b) may make any other order it considers appropriate, including an order for costs. 33.03 Party may apply for re-hearing A party against whom an order is made under rule 33.02(a)(i) or (ii) may apply in accordance with Part 36 to have the order set aside and the proceedings re-heard. 33.04 Disqualification of Judge A Judge may disqualify himself or herself from presiding at the hearing of proceedings if the Judge previously presided at a conciliation conference or prehearing conference and is of the view that his or her earlier involvement may prejudice the outcome of the 34.01 Interpretation In this Part, unless the contrary intention appears, a reference to an assessment of damages is to be read as including a reference to an assessment of the value of goods. 34.02 When order for assessment may be made At any stage of proceedings, the Court may order damages to be assessed. Local Court (Civil Jurisdiction) Rules 1998 106 34.03 Manner of assessment (1) Subject to subrule (3), damages are to be assessed by a judicial registrar unless the Court orders otherwise. (2) The party against whom an order for the assessment of damages is made may take part in the assessment. (3) Where: (a) the Court makes an order in proceedings against some defendants for default judgment with damages to be assessed; and (b) the proceedings are continued against other defendants, the damages are to be assessed at the hearing of the proceedings 34.04 Notice to parties A registrar must: (a) fix a date, time and place for the assessment of damages; and (b) give each party notice of the assessment in accordance with Form 34A not later than 14 days before the date fixed for the assessment. 34.05 Evidence by affidavit Not later than 7 days before the date fixed for the assessment of damages, the party in whose favour the assessment is to be made must file and serve on the other party an affidavit stating: (a) the amount claimed; and (b) the facts and calculations on which the amount is based. 34.06 Summons to give evidence or produce documents The attendance of witnesses and production of documents for the purposes of an assessment of damages may be ordered by summons in accordance with Part 23. 34.07 Order to state amount Where a judicial registrar assesses damages he or she must, by order, state the amount at which they are assessed. Local Court (Civil Jurisdiction) Rules 1998 107 35.01 General relief The Court may at any stage of proceedings, on the application of a party, make an order that is required despite the fact that the order was not sought in the statement of claim. 35.02 Date of effect An order made by the Court: (a) is to bear the date on which it is made; and (b) takes effect on that date unless the Court orders otherwise. 35.03 Form of order (1) An order of the Court, whether final or otherwise is to be: (a) in accordance with Form 35A; (b) signed by a Judge or registrar; and (c) sealed by the Court. (2) The Court must forward a sealed order to each party. 35.04 Certified copy A party may request the Court to provide him or her with a certified copy of an order and, on payment of the relevant fee prescribed under section 81(3) of the Act, the Court must provide the certified copy. 35.05 Time for compliance (1) Subject to subrule (2), where an order requires a person to do an act, the person must do the act not later than 14 days after being served with a sealed copy of the order. (2) Subrule (1) does not apply to: (a) an order that specifies the time in which a person must do an act; (b) an order or part of an order that requires a person to pay money otherwise than into the Court; or Local Court (Civil Jurisdiction) Rules 1998 108 (c) an order for the delivery of goods. (3) Where an order requires a person to do an act within a fixed time, the Court may by order fix another time. (4) Where an order requires a person to do an act but does not fix a time in which the act is to be done, the Court may by order fix a time. 35.06 Order by consent (1) Where all parties to proceedings consent to the making of an order, the Court may make an order in the terms consented to. (2) A party may consent to an application for an order made by another party by: (a) filing a notice of consent in accordance with Form 35B; or (b) endorsing his or her consent on the application that is filed. (3) If all parties to proceedings consent to the making of an order, a registrar may: (a) without delay make an order in the terms consented to; or (b) if not satisfied that the order should be made: (i) refuse to make the order; or (ii) refer the matter to a Judge. (4) An order under subrule (3) takes effect from the date specified in the order or, if no date is specified, on the service of the order by the party filing the application on the other party or on all of the other parties. (5) Where some, but not all, parties to proceedings consent to the making of an order, a registrar may: (a) without delay make an order in favour of the party seeking it, as against the parties who consented to the order, in the terms consented to; or (b) if not satisfied that the order should be made: (i) refuse to make the order; or (ii) refer the matter to a Judge. Local Court (Civil Jurisdiction) Rules 1998 109 (6) An order under subrule (5): (a) takes effect on the date specified in the order or, if no date is specified, on the service of the order by the party filing the application on the other party or on all of the other parties consenting to the order; and (b) is also to be served on all the parties who did not consent to 35.07 Party may apply for re-hearing A party who applies under section 20(1)(c) of the Local Court (Civil Procedure) Act 1989 to have a consent order set aside and a re-hearing of the proceedings must do so in accordance with Part 36. 35.08 Application of Division This Division applies in relation to the registration of an order made by a person, court (other than the Local Court), tribunal or other statutory body: (a) if an Act permits an application to be made to the Court for the registration of the order; or (b) if a person applies, or intends to apply, to the Court for a warrant of execution or other enforcement process to enforce 35.09 Application for registration of order (1) The application for registration of the order must be in accordance with Form 35C. (2) The application must be accompanied by a copy of the order to be registered. 35.10 Registration (1) The Court may register the order if it can be enforced under Chapter 2. (2) If the whole order cannot be enforced under Chapter 2, the Court may register any part of the order that can be enforced. Local Court (Civil Jurisdiction) Rules 1998 110 (3) The notice of registration must be: (a) in accordance with Form 35D; (b) signed by a registrar; and (c) sealed by the Court. 35.11 Enforcement Chapter 2, with the necessary changes, applies in relation to an order registered under this Division. 36.01 Application for re-hearing (1) A party may apply for an order under section 20 of the Local Court (Civil Procedure) Act 1989 that an order be set aside and the proceedings be re-heard by filing an application in accordance with Form 36A. (2) An application for a re-hearing is be filed with an affidavit stating why the applicant: (a) did not file a notice of defence and stating the applicant's intention to defend the claim, the defences to be relied on and the particulars of each defence, including a summary of the material facts on which the applicant relies; (b) did not appear in the proceedings when required to do so; or (c) consented to the making of an order. (3) A copy of the application and affidavit is to be served personally on each other party unless the Court orders otherwise. 36.02 Further application If an application under this Part is struck out because the applicant fails to appear at the time fixed for the hearing of the application, a further application for re-hearing is to be taken to be an application for leave to re-apply under section 20(5) of the Local Court (Civil Procedure) Act 1989. 36.03 Re-hearing date Where the Court sets aside an order, the proceedings are to be re-heard on a date fixed by the Court. Local Court (Civil Jurisdiction) Rules 1998 111 37.01 Application of Part This Part applies in relation to an appeal to the Court under an Act. 37.02 Definitions appellant means a person who appeals to the Court under an Act and includes a person joined as an appellant under rule 37.03. respondent means the decision maker in relation to whose decision the appellant appeals and includes a person joined as a respondent under rule 37.03. 37.03 Persons who may be joined (1) A person who is: (a) affected by the relief sought by a notice of appeal; or (b) is interested in maintaining the decision appealed against, may be joined as an appellant or respondent. (2) The Court may order the addition or removal of a person as an appellant or respondent. (3) A person is not to be made an appellant without his or her consent. 37.04 Notice of appeal (1) Unless an Act provides otherwise, an appellant commences an appeal by filing, not later than 28 days after a decision is made, a notice of appeal in the registry at a proper venue for the (2) A notice of appeal is to: (a) be in accordance with Form 37A; and (b) state: (i) the name and address of the appellant; (ii) the name and address of the respondent; (iii) the decision in respect of which the appeal is brought; Local Court (Civil Jurisdiction) Rules 1998 112 (iv) the date on which the decision was made; and (v) specifically and concisely, the grounds of appeal. (3) As soon as practicable after filing a notice of appeal, the appellant must serve a copy on the respondent. 37.05 Notice of appearance Not later than 7 days after being served with a notice of appeal, a respondent must file and serve on the appellant a notice of appearance in accordance with Form 37B. 37.06 Prehearing conference (1) When a notice of appeal is filed, a registrar must fix a date, time and place for a prehearing conference and mark them on the notice of appeal. (2) The prehearing conference is to be held not later than 6 weeks after the notice of appeal is filed. (3) A party for whom physical attendance is impracticable may, with the leave of the Court obtained in accordance with rule 32.03, attend by teleconferencing. (4) At a prehearing conference the Court may give the directions it considers appropriate, including a direction setting the matter down for the hearing of the appeal. 37.07 Amendment of grounds The Court may give leave to amend the grounds of appeal. 37.08 Representation A party to an appeal may appear: (b) by an agent authorised in writing by the party; or (c) in accordance with rule 1.15(b), (c) or (d)(i), (ii) or (iv). 37.09 Hearing of appeal (1) The Court may give the directions it considers appropriate in respect of the hearing of an appeal. Local Court (Civil Jurisdiction) Rules 1998 113 (2) If a respondent fails to attend the hearing, the Court may hear the appeal if it is satisfied that the notice of appeal was properly served on the respondent. (3) If an appellant fails to attend the hearing, the Court may dismiss the appeal or make the orders it considers appropriate. (4) If neither party attends at the hearing, the Court may make the orders it considers appropriate. 38.01 Definitions Appendix means the Appendix to Order 63 of the Supreme Court Rules 1987 and includes practice directions relating to the Appendix issued by the Chief Justice. attendance at the hearing, for the purposes of rule 38.12(3)(b), includes all work reasonably done in and in relation to attending the hearing of proceedings and to hear a deferred judgment. bill means a bill of costs. preparation, for the purposes of rule 38.12(3)(a), includes the doing of all reasonable work up to attendance at the hearing of proceedings that was reasonably done, arising out of or incidental to the proceedings. taxation, for the purposes of rule 38.12(3)(c), includes all work done in preparing a bill (where allowable) and includes preparing for and attending the taxation of costs. taxing officer means: (a) a judicial registrar; (b) a registrar; or (c) an officer of the Court directed under rule 38.11(2) to conduct a taxation. Local Court (Civil Jurisdiction) Rules 1998 114 38.02 Application of Supreme Court Rules 1987 Subject to the Local Court (Civil Procedure) Act 1989, these Rules and practice directions, Order 63 of the Supreme Court Rules applies with the necessary changes to this Part. 38.03 Power and discretion of Court (1) Subject to the Local Court (Civil Procedure) Act 1989, these Rules and any other law in force in the Territory, the costs of and incidental to proceedings are in the Court's discretion and the Court has the power to determine by whom, to whom, to what extent and on what basis the costs are to be paid. (2) The Court may exercise its power and discretion in relation to costs at any stage of proceedings or after the conclusion of proceedings. 38.04 Costs generally to be allowed at 100% of the Supreme Court costs (1) Subject to these Rules, costs for work done are allowable in accordance with the relevant costs set out in the Appendix. (2) For subrule (1), the value of the claim is immaterial. 38.05 Costs of conciliation conference Unless the Court orders otherwise, costs for the preparation for and attendance at a conciliation conference are allowable in the same amount as set out in the Appendix for a contested interlocutory 38.06 Costs of interlocutory application Where the Court orders that a party be paid the costs of an interlocutory application, the party is not entitled to have those costs taxed until after the final disposition of the proceedings unless the 38.09 Costs in appeals In an appeal under Part 37, each party is to pay his or her own costs subject to: (a) the Act under which the appeal is made; (b) disciplinary and case management costs orders; Local Court (Civil Jurisdiction) Rules 1998 115 (c) a public interest costs order under rule 38.10; and (d) any other costs orders the Court considers appropriate. 38.10 Public interest costs order (1) A party may apply to the Court at any stage of proceedings, including at the commencement, for a public interest costs order under this rule. (2) The applicant must satisfy the Court that the proceedings: (a) will determine, enforce or clarify an important right or obligation affecting the community or a significant sector of the community; (b) will affect the development of law generally and may reduce the need for further litigation; or (c) otherwise has the character of public interest or test case (3) If the Court is satisfied that there are grounds for it to make a public interest costs order, it may make the order it considers appropriate, having regard to: (a) the resources of the parties; (b) the likely cost of the proceedings to each party; (c) the ability of each party to present his or her case properly or to negotiate a fair settlement; and (d) the extent of a private or commercial interest each party may have in the litigation. (4) When considering the resources of the parties, the Court must have regard to the financial circumstances of each party and whether the financial capacity of a party to pay costs is affected either wholly or in part by legal aid, contingency fees, insurance, fighting funds, tax deductibility or any other factor. (5) The Court may make an order under this rule despite a party to the proceedings having a personal interest in the matter. (6) The orders the Court may make under this rule include an order that: (a) costs follow the event; (b) each party is to bear his or her own costs; and Local Court (Civil Jurisdiction) Rules 1998 116 (c) the party making the application, regardless of the outcome of the proceedings: (i) is not to be liable for the other party's costs; (ii) is to be liable to pay up to a specified amount or proportion only of the other party's costs; or (iii) may recover all or part of his or her costs from the other 38.11 Taxing officer (1) Unless the Court orders otherwise, costs taxed in accordance with this Division are to be taxed by a taxing officer. (2) The Chief Judge or a judicial registrar may direct an officer of the Court to conduct a taxation. (3) An officer directed under subrule (2) to conduct a taxation is not to do so if a party to the taxation or a party's legal practitioner objects to the officer conducting the taxation. 38.12 Bill of costs (1) A party entitled to costs may apply to the taxing officer for a taxation by filing, not later than 2 months after the final costs order is made: (a) a summons for a taxation of costs in accordance with Form 38A; and (b) a bill in taxable form. (2) A bill is to commence with a short narrative that succinctly identifies the issues involved in the proceedings. (3) A bill is to consist of 3 parts dealing with the costs of: (a) preparation; (b) attendance at the hearing; and (c) taxation. (4) The items claimed in each part are to be listed in chronological Local Court (Civil Jurisdiction) Rules 1998 117 (5) On the filing of a summons for taxation, a registrar must mark on it the date, time and place fixed for the taxation. (6) Not later than 21 days before the date fixed for the taxation, the party entitled to costs must serve on the party who is to pay costs a copy of the summons for taxation and the bill. 38.13 Notice of objection (1) If the party who is to pay costs objects to any items in a bill, the party must file and serve a notice of objection to those items in accordance with Form 38B and provide in the notice the reason for each objection. (2) A party must file and serve a notice of objection not later than 7 days before the date fixed for the taxation. (3) If a party who is to pay costs fails to file and serve a notice of objection, there is a presumption that the party has no objection to the bill. (4) Nothing in subrule (3) is to be taken to affect the discretion of the taxing officer to tax off items. (5) A party who is to pay costs and who does not file a notice of objection is not entitled to be heard at the taxation without the leave of the Court. 38.14 Particular allowances (1) The taxing officer may allow a charge for general care and conduct (as defined in the Supreme Court Rules 1987) in respect of preparation and attendance at the hearing of proceedings. (2) No allowance is to be made for specific care and conduct (as defined in the Supreme Court Rules 1987). (3) A clerk's time spent in engrossing a document is allowable only where it is: (a) included in an item charged under the composite scale set out in the Appendix; or (b) 5 or more units. 38.15 Fee for taxation The fee for a taxation of costs by a taxing officer: (a) is the amount specified in item 2 of Schedule 2; and Local Court (Civil Jurisdiction) Rules 1998 118 (b) is to be claimed in the bill. 38.16 Review of taxing officer's order (1) Where a party objects to an order made by the taxing officer following the taxing officer's reconsideration of a decision made at the taxation, the party may apply to the Court for a review of the (2) An application under subrule (1) is to be heard before a Judge. 39.01 Interest on judgment and costs (1) Subject to subrule (2) and unless the Court orders otherwise, every judgment debt carries interest from the date of judgment at the rate fixed in accordance with rule 59.02 of the Supreme Court Rules 1987. (2) A judgment debt for costs awarded or fixed by the Court carries interest, at the rate referred to in subrule (1), from the date the costs are fixed or allowed at taxation unless the Court orders 39.02 Interest on costs in interlocutory application When a costs order is made in an interlocutory application, interest does not run on those costs until after the final disposition of the proceedings unless the costs order specifies that the costs be taxed and payable immediately or within a specified time. 39.03 Interest up to judgment (1) In proceedings, the Court may order that interest is to be included in the sum for which judgment is given at the rate it considers appropriate on the whole or a part of the sum for the whole or a part of the period between the date when the cause of action arose and the date of the judgment. (1A) Subrule (1) applies subject to Part 4 of the Personal Injuries (Liabilities and Damages) Act 2003. (2) Subrule (1) does not: (a) authorise the giving of interest on interest; (b) apply in respect of a debt on which interest is payable as of right, whether by virtue of an agreement or otherwise; or Local Court (Civil Jurisdiction) Rules 1998 119 (c) affect damages recoverable for the dishonour of a bill of exchange. (3) Where: (a) a claim is made for a debt or liquidated demand (whether or not another claim is also made in the proceedings); and (b) the plaintiff is entitled under Part 11 to an order for default judgment on that claim, unless the Court orders otherwise, the plaintiff may enter final judgment against the defendant for an amount not exceeding the amount claimed in the statement of claim together with interest from the commencement of the proceedings up to and including the date of judgment: (c) on a debt that carries interest – at the rate it carries; or (d) on any other amount – at the rate payable on a judgment debt during that time. 39.04 No interest while instalment order in force Unless the Court orders otherwise, no interest is payable on a judgment while an instalment order under Chapter 2 is being complied with. 40.01 Change in legal practitioner (1) Where a legal practitioner acts for a party in proceedings and the party changes his or her legal practitioner, the party must without delay file a notice of the change and serve a copy on the other parties and, where practicable, on his or her former legal practitioner. (2) The address for service of a party who files and serves a notice under subrule (1) is the business address of the new legal practitioner. 40.02 Appointment of legal practitioner (1) Where a party in proceedings who had not previously appointed a legal practitioner appoints a legal practitioner to act for him or her, the party must without delay file a notice of the appointment and serve a copy on the other parties. Local Court (Civil Jurisdiction) Rules 1998 120 (2) The address for service of a party who files and serves a notice under subrule (1) is the business address of the legal practitioner. 40.03 Ceasing to act (1) Where a legal practitioner ceases to act for a party in proceedings, unless a notice of change is filed and served under rule 40.01, the legal practitioner must without delay file a notice that he or she has ceased to act and serve a copy on all parties. (2) A notice under subrule (1) is to state the address of the party last known to the legal practitioner. (3) Except with the leave of the Court, a legal practitioner must not file a notice under subrule (1) later than 56 days before the hearing of (4) The address for service of a party where notice is filed and served under subrule (1) is the address of the party stated in the notice. (5) Where, under subrule (3), the Court gives a legal practitioner leave to file a notice that the legal practitioner has ceased to act, the Court may direct what address is to be the address for service of the party for whom the legal practitioner has ceased to act. 40.04 Service where practitioner ceases to practise (1) Where a legal practitioner who has acted for a party has ceased to practise and the party has not given notice under rule 40.01 or the legal practitioner has not given notice under rule 40.03(1), on an interlocutory application made by any other party to the proceedings, the Court may give directions for service of documents on the party. (2) Where an order is made under subrule (1), the party who made the application must without delay serve a copy of the order on each other party to the proceedings and file an affidavit of service. Local Court (Civil Jurisdiction) Rules 1998 121 42.01 Definitions In this Chapter, unless the contrary intention appears: judgment creditor means the person entitled to enforce an order for the payment of money. judgment debt means the amount of money payable under an order for the payment of money and includes the costs of recovering the amount. judgment debtor means the person liable under an order for the payment of money. order for the payment of money means an order made by the Court for the payment of: (a) money, with or without costs; or (b) costs alone. warrant of execution means a warrant of seizure and sale, warrant of delivery or warrant of possession. 42.02 Enforcement of order for payment of money (1) An order for the payment of money to a person may be enforced by: (a) a warrant of seizure and sale issued under Part 44; (b) an attachment of earnings order made under Part 48; (c) an attachment of debts order made under Part 49; (d) an instalment order made under Part 50; (e) a charging order made under Part 51; or (f) the appointment of a receiver under Part 52. Local Court (Civil Jurisdiction) Rules 1998 122 (2) An order for the payment of money into the Court may be enforced by a sequestration order under Part 53. 42.03 Order against multiple defendants (1) Where an order is made against 2 or more defendants jointly, the order may be enforced by a warrant of execution or other enforcement process against any of the defendants as if the order had been made against the defendant separately. (2) If an order against 2 or more defendants jointly is satisfied by one of the defendants, no further steps may be taken to enforce it against another defendant. 42.04 Order against partners An order made against a firm may be enforced against any or all of the persons who were partners in the firm at the time the cause of action arose. 42.05 Court may stay enforcement The Court may stay enforcement of an order for the payment of 43.01 Application for issue of warrant of execution (1) A warrant of execution is to be issued only if the applicant produces a form of the warrant to a registrar. (2) Where a warrant of execution is to enforce an order: (a) for the payment of money; or (b) that includes the payment of money, the applicant must file an application in accordance with Form 43A. (3) An application under subrule (2) is to state: (a) the date of the order; (b) the amount for which the order was made; (c) the amount owing in respect of the order on the date of the application, including costs to that date; Local Court (Civil Jurisdiction) Rules 1998 123 (d) the interest accrued on the amount referred to in paragraph (c) and particulars of how it is calculated; (e) the practitioner's costs and the filing fee in respect of the application; (f) the bailiff's fee for execution of the warrant applied for; (g) the daily amount of interest that, subject to future payments, will accrue after the date of the application; and (h) particulars of amounts paid on account or recovered under a previous warrant in respect of the order. (4) The bailiff's fee referred to in subrule (3)(f) is not to exceed the fee prescribed under section 81(3) of the Act for the warrant of execution applied for. 43.02 Costs of prior execution The amount for which a warrant of execution may be issued includes the costs and fees in respect of a previous warrant of execution issued to enforce the same order, whether or not that warrant was productive. 43.03 When warrant of execution issued (1) A warrant of execution is issued when the warrant is sealed by the (2) A warrant of execution is to bear the date of its issue. 43.04 Duration and priority (1) Subject to subrule (2), a warrant of execution is valid for execution for 12 months after the date on which it is issued. (2) The Court may order that the validity of a warrant of execution be extended for not more than 12 months from the day on which it would otherwise expire. (3) In determining whether to extend the validity of a warrant of execution, the Court must have regard to the attempts made to execute the warrant. (4) An order extending validity is not to be made after the day of expiry of a warrant of execution. (5) Subject to subrules (2), (3) and (4), the Court may make further orders extending the validity of a warrant of execution. Local Court (Civil Jurisdiction) Rules 1998 124 (6) The priority of a warrant of execution the validity of which has been extended is to be determined by reference to the date and time the warrant was originally delivered to the bailiff to whom it was directed for execution. 43.05 Payment into Court (1) Subject to subrule (2), a bailiff must pay into the Court the money raised by the sale of property under a warrant of execution. (2) A bailiff to whom section 33(1) of the Commercial and Private Agents Licensing Act 1979 applies may retain from the money raised under a warrant of execution the amount specified in the warrant as the bailiff's fee for executing the warrant. (3) After money is paid into the Court under subrule (1), a registrar must: (a) pay to the judgment creditor the amount then owing to him or her on the judgment debt or the amount paid into the Court, whichever is the lesser; (b) if the warrant was executed by a private bailiff to whom section 33(1A) of the Commercial and Private Agents Licensing Act 1979 applies – pay to the bailiff, in accordance with that section, the fees to which the bailiff is entitled; and (c) return the remaining money (if any) to the judgment debtor. 44.01 Definition In this Part, unless the contrary intention appears, sale includes sale by auction. 44.02 Application for warrant (1) A judgment creditor may apply to a registrar in accordance with rule 43.01 for the issue of a warrant of seizure and sale to enforce an order for the payment of money. (2) A warrant of seizure and sale is to be in accordance with Form 44A. 44.03 Property that may be seized and sold (1) A warrant of seizure and sale authorises the bailiff to seize and sell: (a) land described in the warrant; and Local Court (Civil Jurisdiction) Rules 1998 125 (b) personal property belonging to the judgment debtor except personal property necessary for adequate living and continuation of work. (2) Money or bank notes belonging to a judgment debtor may be seized under a warrant of seizure and sale but need not be sold. (3) Under a warrant of seizure and sale, the bailiff may: (a) seize cheques, bills of exchange, bonds, promissory notes, specialities or securities that provide for the payment of money to the judgment debtor and hold them as security for a judgment debt or the unsatisfied part of a judgment debt; and (b) when the time for payment to the judgment debtor arrives: (i) demand and receive payment of the money; or (ii) sue in a court of competent jurisdiction in the name of the judgment debtor, or in the name of a person in whose name the judgment debtor might have sued, for the recovery of the money. 44.04 Possession of property not removed (1) On the execution of a warrant of seizure and sale, the bailiff need not remove property found on land. (2) Where the bailiff leaves seized property on the land where it was seized, the bailiff is to be taken to remain in possession of the property if he or she leaves in a prominent position on the land a notice of the seizure listing the property seized. (3) The bailiff must mark property seized and not removed. 44.05 Procedure for seizure and sale (1) Subject to subrules (2) and (3), where it appears to the bailiff that property subject to seizure and sale under a warrant is more than sufficient to satisfy the amount to be raised, the bailiff is to seize or sell only so much of the property as appears to be sufficient. (2) Subject to subrule (3), the bailiff is to seize or sell property: (a) in the order the bailiff considers best for the prompt execution of the warrant of seizure and sale without undue expense; (b) subject to paragraph (a), in the order the judgment debtor directs; and Local Court (Civil Jurisdiction) Rules 1998 126 (c) subject to paragraphs (a) and (b), in the order the bailiff considers best for minimising hardship to the judgment debtor and other persons. (3) Unless the judgment debtor so requests, the bailiff must not sell land under a warrant of seizure and sale until all other property available for sale under the warrant has been sold. (4) Subrule (3) does not apply where the only property of the judgment debtor available for seizure and sale under a warrant is land. (5) The Court may order that property subject to seizure and sale under a warrant be seized or sold otherwise than in accordance with this rule. 44.06 Notice to judgment debtor (1) The bailiff must serve on a person: (a) who is the judgment debtor against whom a warrant of seizure and sale is issued; or (b) who has custody of personal property of the judgment debtor referred to in paragraph (a), a notice in accordance with Form 44B stating that the person to whom the notice is addressed is responsible for the safekeeping of the judgment debtor's personal property in the person's custody that has been seized under the warrant of seizure and sale. (2) A person served with a notice under subrule (1) must not, except with the bailiff's written consent, interfere with, dispose of, or remove any seized property from the place where it was seized or situated when the notice was served. 44.07 Time and place of sale The bailiff must put up for sale all property to be sold under a warrant of seizure and sale: (a) as early as practicable, having regard to the interests of the parties; and (b) at the place that seems to the bailiff best for a beneficial sale of the property. Local Court (Civil Jurisdiction) Rules 1998 127 44.08 Advertisement of sale (1) Before putting property up for sale under a warrant of seizure and sale, the bailiff must advertise the sale by giving notice of the date, time and place of sale, and of particulars of the property, in the manner the bailiff considers best to achieve publicity. (2) The bailiff is to advertise the sale of land only when he or she is reasonably satisfied that a sealed copy of the warrant of seizure and sale has been served on the Registrar-General and that a memorial of the warrant has been entered on the original Certificate of Title under the Land Title Act 2000. (3) An advertisement relating to the intended sale of land is to include: (a) a description of the land, including its location, in terms that will enable interested persons to identify it; (b) a statement in general terms of the improvements (if any) that the bailiff believes to be on the land; (c) a statement of the last known address of the judgment debtor; and (d) a statement of the judgment debtor's interest in the land according to the Register under the Land Title Act 2000 and of the entries in the Register that affect or may affect the land. (4) The judgment creditor must serve a copy of the advertisement referred to in subrule (3) personally on the judgment debtor not later than 14 days before the date of the proposed sale. (5) The Court may dispense with service under subrule (4). 45.01 Application for warrant (1) A person in whose favour the Court makes an order for: (a) the delivery of goods; or (b) the delivery of goods or recovery of their assessed value, may apply to a registrar in accordance with rule 43.01 for the issue of a warrant of delivery to enforce the order. (2) A warrant of delivery is to be in accordance with Form 45A. Local Court (Civil Jurisdiction) Rules 1998 128 45.02 Enforcement where order includes payment of money