Division Div 7 - Rules of the Supreme Court 1971 - Further consideration | ZoeWAIn ForceRegulation
Rules of the Supreme Court 1971
Div 7Further consideration
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Division 7 — Further consideration
- Summons to have matter in chambers further considered 400
Order 62 — Trustees Act 1962 rules
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Making applications under Act 401
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Title of proceedings 401
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Payment into court under Act s. 99 401
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Notice of payment in etc. 402
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Applications in respect of money etc. paid into court 402
Order 65 — Appeals to the General Division
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Terms used 403
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Application of this Order 404
Division 2 — General matters
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Hearings by telephone 404
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Judge’s general jurisdiction 405
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Non‑attendance by party, consequences of 406
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Decisions made in absence of party 406
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Decisions made on the papers 406
Division 3 — Procedure on appeals
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Nature of appeals 407
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Time for appealing 407
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Appeal, how to commence 408
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Primary court to be notified and to supply records 409
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Respondent’s options 410
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Interim order, applying for 410
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Urgent appeal order, nature of 410
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Consenting to orders 411
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Appeal books not needed unless ordered 411
Division 4 — Concluding an appeal
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Discontinuing an appeal 411
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Settling an appeal 412
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Return of exhibits 413
Order 65C — Electoral Act 1907 section 62N rules
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Term used: Electoral Commissioner 415
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Application of this Order 415
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Application for review 415
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Title of proceedings 415
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Hearing the review 416
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Date of hearing 416
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Review book 417
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Applicant limited to grounds in originating motion 417
Right to be heard in opposition 417
Additional affidavits, determination of issue etc. 418
Order as to result of review 418
Application of rules of court 418
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General rules as to costs 419
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Costs where several causes of action, defendants etc. 420
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Costs of amendment without leave or where facts or documents not admitted 421
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Action as to property, ordering costs out of property 422
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Lawyer may be ordered to pay costs etc. 422
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Solicitor guardian ad litem, costs of 423
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Set‑off may be allowed despite solicitor’s lien 424
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State solicitors, costs of 424
8A. Costs in case of legal practitioner acting pro bono 424
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Restriction of discretion to order costs in some cases 424
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Stage at which costs may be dealt with 425
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Scale of costs 426
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Costs where scale does not apply 427
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Lump sum award for costs, interim award as to 427
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Cases that Magistrates Court could have decided, costs in 428
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Matters not provided for in scale 428
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Disbursements etc. allowable on taxation 429
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Basis for calculating costs 429
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No substantial trial, costs in case of 430
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Certain fees in scales may be increased if inadequate 430
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Judgment for person under disability, solicitor’s costs in case of 431
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Own costs orders 432
Division 2 — Taxation of costs
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Bills of costs to be taxed 434
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Indorsements on bill of costs 435
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When notice of taxation need not be given 435
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Notice of taxation 435
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Vouchers as to disbursements to be filed 435
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Solicitor delaying taxation 435
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Appointment to tax costs to be peremptory 436
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Taxing officer may direct bills of costs to be brought in 436
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Default by party in taxing costs 436
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If costs payable out of property, notice to clients may be directed 436
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Bills of costs, content of 437
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Taxing officer’s decisions on fact are final 437
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Taxing officer’s powers 437
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Taxing officer may refer taxation question to Court 438
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Where proceedings adjourned into court 438
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Interrogatories and discovery, costs of 438
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Costs of motion etc. follow event 439
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Motion etc. stood over to trial and no order made as to costs, costs in case of 439
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Costs reserved 440
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When Court may fix costs 440
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Taxing officer may refer question to judge if costs to be apportioned etc. 440
Division 3 — Review of taxation
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Party dissatisfied with taxation may object and apply for review 441
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Review of taxation by taxing officer 441
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Review of taxation by judge 442
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No further evidence on review except with leave 442
Division 4 — Miscellaneous
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Taxing officer’s certificate enforceable as judgment 443
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Stay on review 443
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Party liable to be paid and to pay costs, taxing officer’s powers in case of 443
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Taking of accounts, taxing officer’s duties and powers on 444
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Interim certificate in matters of account 444
Order 67 — Central Office, officers
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Superintendence of Central Office 445
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Ministerial acts of registrar 445
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Taking of oaths and affidavits 445
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Seals 445
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Abuse of process etc., procedure in case of 445
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Sealed documents, evidentiary status of 446
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Petition, award etc. to be filed before judgment etc. passed 446
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Indexes to filed documents 447
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Date of filing to be marked etc. 447
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Custody of documents and things 447
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Deposit of documents 448
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Restriction on removal of documents 448
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Deposit for officer’s expenses 448
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Admissions, awards etc. to be filed 448
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New forms 449
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Accounts etc. to be taken by registrar, rules applying to 449
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Reference in judgment etc. to registrar, effect of 449
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Principal Registrar may declare ECMS unavailable 449
Order 67A — Filing documents
Division 2 — Filing documents
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General rules about filing documents 451
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Documents must be filed using ECMS 452
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Documents presented for filing using ECMS or email 454
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Delivering documents for filing 456
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Posting documents for filing 456
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Faxing documents for filing 457
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How filed paper documents are to be dealt with 459
Division 3 — Documents containing sensitive information
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Terms used 460
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Person to advise Court if filing sensitive document 460
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Documents containing restricted information 463
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Documents containing information to which access should be restricted 465
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Restricted documents 465
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Documents that are not to be accessible to judiciary 467
Division 4 — Miscellaneous matters
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Principal Registrar may delegate 468
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Principal Registrar may refer matters to judge or master 469
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Appeals from decisions made under this Order 469
Order 67B — Access to information and things held by the Court
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Terms used 470
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Application of this Order 471
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Access to information and things under other legislation 472
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Order does not limit Court’s general power to release information 472
Division 2 — Orders restricting access
- Court’s powers to restrict access 472
Division 3 — Entitlements to access
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Entitlements of every person 474
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Entitlements of parties 478
Division 4 — Access with the Court’s permission
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Access with the Court’s permission 479
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When Court can give permission 479
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When media manager can give permission 481
Division 5 — Applications for access
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Applying for access 482
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Court’s powers as to applications for permission 484
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How applications are determined 485
Division 6 — How access is given
- How and when the Court gives access 486
Division 7 — Access by non‑parties to documents in cases commenced before 1 March 2018
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Application of this Division 487
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Documents that can be inspected or copied 487