(Leave clear a space of about 50 millimetres from the top of the page.)
| IN THE SUPREME COURT OF NEW SOUTH WALESSYDNEY (or as the case may be) REGISTRYCOMMON LAW (or as the case may be) DIVISIONS10 of 19 (or as the case may require: see Part 1 rule 10 (1) and Part 65 rule 1 (1)) | (Do not describe the document here. The substance of the document shall be written within this space. A margin of not less than 25 millimetres shall be kept clear on the left hand side of the page. The dividing line to the left hand side shall be about 75 millimetres from the left hand edge of the page. The substance of a statement of accounts may commence on the following page. Where there is insufficient space on the left hand side of the page to include particulars of all the parties, this space may also be used to include particulars of parties and the substance of the document may be commenced on the following page. |
| (Describe the document)NOTICE OF MOTION(or, in the case of an affidavit)AFFIDAVIT(and show the name of the deponent and date of swearing)J. Smith7 May 19 | Above “COMMON LAW DIVISION”in the margin name the registry at the place for trial or hearing. In respect of proceedings under Part 5 of the Crimes (Appeal and Review) Act 2001 omit “plaintiff” from the title and insert instead “appellant” and omit “defendant” from the title and insert instead “respondent”. |
| Filed for (Full name of filing party)HENRY JONES | Highlight the name of the document and the filing party by including a solid line above and below that information.) |
| JOHN LEEplaintiffJAMES STYLESdefendantCROSS-CLAIMJAMES STYLESCross-claimantJOHN LEE and HENRY JONESCross-defendantsSECOND CROSS-CLAIMHENRY JONESCross-claimantWILLIAM SMITHCross-defendant(and in every document continue)Principal & Co.22 Main Street,Yass 2582.telephone: 202Agent & Co.22 Pitt StreetSydney 2000telephone: 222 2222DX 222, Sydney | |
(Forms lodged in relation to civil proceedings to which the Uniform Civil Procedure Rules 2005 apply should use UCPR Form 1 instead of this form. Forms lodged in relation to criminal proceedings should use UCPR Form 1 with appropriate amendments.)
Form 2
(To be set out in accordance with Form 1)
JOHN LEE and others
plaintiffs
JAMES STYLES
defendant
and cross-claims
(See Part 65 rule 1 (4).)
Form 3
(To be set out in accordance with Form 1)
The application of HENRY JONES
(See Part 65 rule 1 (3).)
Form 4
(Conclusion of documents for signature by a party unless otherwise indicated or required.)
(Signature)
Plaintiff’s solicitor
Filed (dated if not filed): 7 May 19 .
(On an originating process or notice of appearance add the full name of the solicitor after “solicitor”. The appropriate alteration must be made where Part 66 rule 9 (3) (relating to signature for a solicitor) applies. See also Part 65 generally.)
Forms 5–45
(Repealed)
Form 45A
(Subpoena to a natural person)
P 36A, r 3 (5).
SUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND
| To | (1) |
| | (2). |
THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the documents and things described in the schedule—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending; BUT—
(i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the documents and things described in the schedule to—
(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or
(B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you—
(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
(ii) you need not comply with this subpoena—
(A) if—
(I) allowances and travelling expenses; or
(II) vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(B) if it is served on you after (9);
(C) if the party who requested the issue of this subpoena has excused you from compliance; or
(D) if it is not accompanied by—
(I) a copy of the order giving leave to serve it in New Zealand; and
(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(iii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.
SCHEDULE
(10)
| Dated 19 . | By the Court,(11) |
Issued at the request of (12) whose address for service is (13).
See the reverse of this page.
On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add—
Note that—
(1) if you do not comply with this subpoena you may be arrested;
(2) if, by paragraph (c) (i) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (i) (A);
(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;
(4) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;
(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;
(6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena; and
(7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.
Directions for completing the above form.
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.
(9) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.
(10) description of documents and things.
(11) signature and description of officer of the Court.
(12) state person at whose request the subpoena was issued.
(Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc. of documents.)
P 36A, r 3 (5).
SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS FOR SERVICE IN NEW ZEALAND
| To | (1) |
| | (2) |
THE COURT ORDERS that—
1. (1), “the corporation”, shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to ATTEND AND PRODUCE them—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 am (3) and until the officer is excused by the Court from further attending; BUT—
(i) INSTEAD OF causing its proper officer to so ATTEND, THE CORPORATION MAY PRODUCE this subpoena and the documents and things described in the schedule to—
(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which the officer is required so to attend; or
(B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you—
(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
(ii) the corporation need not comply with this subpoena—
(A) if—
(I) allowances and travelling expenses; or
(II) vouchers,
sufficient to meet the corporation’s reasonable expenses are not paid, or tendered to it, at the time of service or at some other reasonable time before it is required to comply with this subpoena;
(B) if it is served on the corporation after (9);
(C) if the party who requested the issue of this subpoena has excused the corporation from compliance; or
(D) if it is not accompanied by—
(I) a copy of the order giving leave to serve it in New Zealand; and
(II) a notice in the prescribed form setting out the corporation’s rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(iii) if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the Evidence Act 1898 would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;
(iv) the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.
2. the officer who is to attend shall make enquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.
SCHEDULE
(10)
| Dated 19 . | By the Court(11) |
Issued at the request of (12) whose address for service is (13).
Note that—
(1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means;
(2) if, by paragraph (c) (i) (A), the corporation is permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, it may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office,
Level 5,
Supreme Court of N.S.W.,
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (i) (A);
(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;
(4) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may, in writing on or attached to this subpoena, request that they be posted to it at another address given by it;
(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;
(6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;
(7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.
Directions for completing this form.
(1) name of corporation.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.
(9) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.
(10) description of documents and things.
(11) signature and description of officer of the Court.
(12) state person at whose request the subpoena was issued.
(13) address for service.
If the reverse side of a page is used, add to the foot of the front of the page**“See the reverse of this page.”**and keep clear a margin of 25 millimetres on the right hand side.
(Subpoena for production of original or photocopies of medical records.)
P 36A, r 3 (5).
SUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND
| To | (1) |
| | (2) |
THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the medical records, or clear sharp photocopies of them, described in the schedule (in this subpoena called the “scheduled documents”)—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending; BUT—
(i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the scheduled documents to—
(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours, BEFORE THE DATE on which you are required so to attend; or
(B) any registry of the High Court of New Zealand not later than (8) PROVIDED THAT you—
(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
(ii) you need not comply with this subpoena—
(A) if $ (the amount prescribed by Part 37 rule 7A (4)) have not been paid or tendered to you;
(B) if, in addition to the amount referred to in the preceding paragraph,—
(I) allowances and travelling expenses; or
(II) vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(C) if it is served on you after (9);
(D) if the party who requested the issue of this subpoena has excused you from compliance; or
(E) if it is not accompanied by—
(I) a copy of the order giving leave to serve it in New Zealand; and
(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(iii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.
SCHEDULE
(10)
| Dated 19 . | By the Court,(11) |
Issued at the request of (12) whose address for service is (13).
See the reverse of this page.
On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add—
Note that—
(1) if you do not comply with this subpoena you may be arrested;
(2) if, by paragraph (c) (i) (A), you are permitted to produce the subpoena and the scheduled documents to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.,
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (i) (A);
(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;
(4) documents produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;
(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;
(6) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.
Directions for completing the above form
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.
(9) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.
(10) description of the medical records.
(11) signature and description of officer of the Court.
(12) state person at whose request the subpoena was issued.
SUBPOENA TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND
| To | (1) |
| | (2) |
THE COURT ORDERS that you shall attend for the purpose of giving evidence—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending; but—
(i) you need not comply with this subpoena—
(A) if—
(I) allowances and travelling expenses; or
(II) vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(B) if it is served on you after (8);
(C) if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (9);
(D) if the party who requested the issue of this subpoena has excused you from compliance; or
(E) if it is not accompanied by—
(I) a copy of the order giving leave to serve it in New Zealand; and
(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.
| Dated 19 . | By the Court,(10) |
Issued at the request of (11) whose address for service is (12).
Note that—
(1) if you do not comply with this subpoena you may be arrested;
(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (13) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;
(3) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;
(4) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.
Directions for completing the above form.
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) specify a date, for example, 29 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d)) and Part 37 rule 7 (7), which is not later than 5 days before the date mentioned in note (5) above.
(9) specify a date, for example, 15 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (5) above.
(10) signature and description of officer of the Court.
(11) state person at whose request the subpoena was issued.
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND
| To | (1) |
| | (2) |
THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending; but—
(i) you need not comply with this subpoena—
(A) if—
(I) allowances and travelling expenses; or
(II) vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(B) if it is served on you after (8);
(C) if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (9);
(D) if the party who requested the issue of this subpoena has excused you from compliance; or
(E) if it is not accompanied by—
(I) a copy of the order giving leave to serve it in New Zealand; and
(II) a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance or production to a later time;
(iii) you may produce this subpoena and the documents and things described in the schedule to—
(A) a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or
(B) any registry of the High Court of New Zealand not later than (10) PROVIDED THAT you—
(I) tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II) obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III) forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
SCHEDULE
(11)
| Dated 19 . | By the Court(12) |
Issued at the request of (13) whose address for service is (14)
See the notes on the reverse of this page.
On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add—
Note that—
(1) if you do not comply with this subpoena you may be arrested;
(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (15) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;
(3) if, by paragraph (c) (iii) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to him by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (iii) (A);
(4) in subparagraph (c) (iii) (A) Saturdays, Sundays and other holidays are not counted in calculating time;
(5) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;
(6) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;
(7) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;
(8) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.
Directions for completing the above form.
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (5) above.
(9) specify a date, for example, 15 April 19 , having regard to Part 2 rule 2 and Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (5) above.
(10) specify a date, for example 26 April 19, having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (5) above.
(11) description of documents and things.
(12) signature and description of officer of the Court.
(12) state person at whose request the subpoena was issued.
(a) a statement of claim (or summons), a copy of which is annexed hereto marked “A”, was filed in the registry of the Division of this Court on (date) by (name), the abovenamed plaintiff, claiming against (name), the abovenamed defendant, payment of the sum of (amount) (or state shortly the nature of the relief claimed) in respect of (state shortly the causes of action);
(b) the said statement of claim (or summons) was on (date) served on the said defendant (state the mode of service) (or the said defendant entered an appearance on (date) );
(c) the said plaintiff obtained judgment against the said defendant in this Court for payment of the sum of (amount) (or state shortly the terms of the judgment) in respect of (state shortly the causes of action) together with $ for costs;
(d) the said judgment was obtained (state the grounds on which the judgment was based);
(e) the following (or no) objections have been made to the jurisdiction of this Court (state the objections, if any);
(f) (state the position relating to the time for appealing or discharging or setting aside the judgment or for apply for a new trial or for a stay of execution);
(g) (where the judgment was entered by default), the defendant may apply, but has not applied, to set aside the judgment;
(h) notice of appeal has (or has not) been filed;
(If interest is payable on the judgment
(i) (where the rate of interest is specified in the judgment interest is payable from (date of judgment) at the rate of (rate) % yearly on so much of the sum of (amount) as is from time to time unpaid;) (otherwise
interest is payable—
(i) from (date of judgment) up to and including the date hereof at the following rate (or rates)—
(rate prescribed by Part 40 rule 7 (2) or, where more than one rate applies, the prescribed rates and the period during which each rate applies); and
(ii) from the date hereof at the rate of (prescribed rate applicable at the date of the certificate), or at such other rate or rates as may be prescribed from time to time,
on so much of the sum of (amount) as is from time to time unpaid;))
(j) (give information, similar to that contained in (j), in respect of costs of the proceedings.)
(k) (any other necessary particulars);
(l) the costs of obtaining this certificate and copy of a minute of the judgment are $ (see Part 52A rule 47).
Dated
| | (signature)(title of person certifying) |
Forms 52–54
(Repealed)
Form 55
P 42, r 8 (3).
(No heading or title: for subscribing to the minute of order.)
To (name of corporation) and (name of officer)—
If (name of corporation) neglects to obey this order within the time specified in the order (disobeys this order, as the case may be) (name of officer) and (name of corporation) will be liable to sequestration of property and (name of officer) to imprisonment.
Forms 56–70
(Repealed)
Form 70AA
P 65C, rr 3 (4), 4 (4).
OATH OF OFFICE
I, (name) of (address) do swear that (if the oath is taken in relation to proceedings commenced or proposed to be commenced under the Mutual Recognition Act 1992 of the Commonwealth or under the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth, add if I am enrolled as a legal practitioner by the Supreme Court of New South Wales) I will truly and honestly conduct myself in the practice of a legal practitioner of the Supreme Court of New South Wales and I shall faithfully serve as such in the administration of the laws and the usages of that State according to the best of my knowledge, skill and ability.
| | (Signature of person taking oath) |
| | .................... |
CERTIFICATE
I, (name) of (address), certify that I duly administered the above oath on (date) (date)
| | (Signature of a person administering oath) |
| | .........................(Office of person administering oath) |
Forms 70A–74
(Repealed)
Form 74AA
(Subpoena to a natural person: criminal proceedings)
P 75, r 2 (1) (r).
SUBPOENA FOR PRODUCTION
| To | (1) |
| | (2) |
THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but—
(i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;
(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.
SCHEDULE
(8)
| Dated 19 | By the Court,(9) |
Issued at the request of (10) whose address for service is (10A).
Note that—
(1) if you do not comply with this subpoena you may be arrested.
(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused) add—
(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).
or
(If the subpoena is issued at the request of the accused or at the request of the Solicitor (for Public Prosecutions on behalf of the accused) add—
(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.
(3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.
(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.
(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.
Directions for completing the above form.
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, [7 May 19 .]
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) description of documents and things.
(9) signature and description of officer of the Court.
(10) state person at whose request the subpoena was issued.
(10A) address for service.
(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.
Form 74AB
(Subpoena to a corporation for production and for its proper officer to answer questions concerning (possession, etc., of documents: criminal proceedings.)
P 75, r 2 (1) (r).
SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS
| To | (1) |
| | (2) |
THE COURT ORDERS that—
1. (1) “the corporation” shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to attend and produce them—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 a.m. (7) and until the officer is excused by the Court from further attending; but—
(i) the corporation need not comply with this subpoena if the party who requested its issue has excused the corporation from compliance;
(ii) if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the Evidence Act 1898 would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;
(iii) the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.
2. the officer who is to attend shall make inquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.
SCHEDULE
(8)
| Dated 19 . | By the Court,(9) |
Issued at the request of (10) whose address for service is (10A).
Note that—
(1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means.
(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add—
(2) if you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);
or
(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused) add—
(2) you are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;
(3) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may in writing on or attached to this subpoena request that they be posted to it at another address given by it;
(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;
(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.
Directions for completing this form.
(1) name of corporation.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) description of documents and things.
(9) signature and description of officer of the Court.
(10) state person at whose request the subpoena was issued.
(10A) address for service.
(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.
Form 74AC
(Subpoena to give evidence: criminal proceedings)
P 75, r 2 (1) (r).
SUBPOENA TO GIVE EVIDENCE
| To | (1) |
| | (2) |
THE COURT ORDERS that you shall attend for the purpose of giving evidence—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but—
(i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;
(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.
| Dated 19 . | By the Court, (8) |
Issued at the request of (9) whose address for service is (9A)
Note that—
(1) If you do not comply with this subpoena you may be arrested; and
(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add—
(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);
or
(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused) add—
(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;
(3) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.
Directions for completing the above form.
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) signature and description of officer of the Court.
(9) state person at whose request the subpoena was issued.
(9A) address for service.
(10) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.
Form 74AD
(Subpoena for production and to give evidence: criminal proceedings).
P 75, r 2 (1) (r).
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
| To | (1) |
| | (2) |
THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence—
(a) before the Court (3);
(b) at (4);
(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending; but—
(i) you need not comply with this subpoena if the party who requested its issue has excused you from compliance;
(ii) the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for production or attendance to a later time.
SCHEDULE
(8)
| Dated 19 . | By the Court,(9) |
Issued at the request of (10) whose address for service is (10A).
Note that—
(1) if you do not comply with this subpoena you may be arrested.
(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add—
(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).
or
(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused add—
(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.
(3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.
(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.
(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.
Directions for completing the above form.
(1) name.
(2) address.
(3) or as the case may require.
(4) address of Court or other place.
(5) date, for example, 7 May 19 .
(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date will be given to you.
(7) date, for example, 21 May 19 .
(8) description of documents and things.
(9) signature and description of officer of the Court.
(10) state person at whose request the subpoena was issued.
(10A) address for service.
(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.
Form 74AE
(Form of indictment)
P 75, r 3D (1).
(Under the description INDICTMENT on the form insert a statement of the nature of the offence, for example for murder and, if a statutory offence, insert under that statement under s. ..... of the Crimes Act 1900or as the case may require.
New South Wales
On 7 May 20 the Attorney General (or Director of Public Prosecutions) on behalf of Her Majesty (or as the case may require: see ss. 8 and 9 of the Criminal Procedure Act 1986) charges that (state the offence and its Law Part Code, if any).
OBJECTION TO CONFIRMATION OF FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL
I, (full name) of (address) object to confirmation of the forfeiture order made by the Supreme Court*/Court of Criminal Appeal* on (date) in these proceedings.
*delete as required
The order affects me in the following manner— (state how you are affected)
I rely on the following grounds— (state grounds of objection)
Signed—
Date—
Time for hearing—
Place—
Form 74AHB
P 75, r 3FB.
APPLICATION TO SET ASIDE FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL
I, (full name) of (address) apply to set aside the forfeiture order made by the Supreme Court*/Court of Criminal Appeal* on (date) in these proceedings.
*delete as required
The order affects me in the following manner— (state how you are affected)
I rely on the following grounds— (state grounds of application)
Signed—
Date—
Time for hearing—
Place for hearing—
Form 74AI
(Repealed)
Form 74AJ
P 75, r 3H (1)
ELECTION UNDER S. 132 (1) OF THE CRIMINAL PROCEDURE ACT 1986
I, , of , being charged with (short details of the charge, or all of the charges, in the proceedings), elect to be tried by a Judge alone in respect of the alleged offence(s).
I have before making this election sought and received advice in relation to the election from barrister (or solicitor*)*.
The date fixed for my trial is 19 .
Dated—
| | Accused |
| Witness to signature of accused | |
Full name and address of witness—
The Director of Public Prosecutions consents to this election.
Dated—
(Signature and description)
Form 74AK
P 75, r 3H (1)
ELECTION UNDER S. 132 (5) OF THE CRIMINAL PROCEDURE ACT 1986
I, , having previously elected to be tried by a Judge alone in respect of these proceedings, now elect to be tried by a jury.
The date fixed for my trial is 19 .
Dated—
| | Accused |
| Witness to signature of accused | |
1. An order that the defendant (name) appear before a Judge of the Court to answer to the offence that (state the offence).
or
1. An order that the defendant (name) be apprehended for the purpose of being brought before a Judge of the Court to answer to the offence that (state the offence).
2. That the defendant be dealt with according to law for commission of the above offence.
Time and place for hearing the application for the above orders—
Time: 19 19 at 10 a.m.
Place: (address of Court)
Prosecutor: (name and address)
Prosecutor’s address for service: (Part 9 rule 6).
Address of Registry—
THE COURT ORDERS you to appear before a Judge of the Court at (address of Court) on 19 , at 10 a.m., to answer to the offence alleged by the prosecutor that (state the offence alleged).
(Complete as in general form of minute of order under Part 41 rule 11.)
To all members of the police force (add, where section 246 (4) of the Criminal Procedure Act 1986 applies, and to )—
THE COURT ORDERS you to arrest (name) and bring him before a Judge of the Court to answer to the offence alleged by the prosecutor that (state offence alleged).
(Complete as in general form of minute of order under Part 41 rule 11.)
The plaintiff has applied to the Court under the Family Provision Act 1982, for an order for provision for him out of the estate of (name) deceased who died on 19 .
If you are entitled to, and wish to apply for, an order for provision for you out of that estate you must apply within a period prescribed by the Act or allowed by the Court. If you do not, before the Court deals with the plaintiff’s application, apply for an order for provision for you out of that estate, the Court may deal with the plaintiff’s application without regard to any possible application by you.
Dated—
| | (signature) |
| | Solicitor for the administrator(address for service)(or as the case may be) |
| | In the Matter of the Election of aMember of the LegislativeAssembly for the ElectoralDistrict of (place). |
| | (name)petitioner(name)respondent |
PETITION
To the Court of Disputed Returns—
(The statement of facts shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject matter. The facts shall include a description of the petitioner in terms of section 157 (c) of the subject Act, the date and result of the election, the date on which the writ was returned and the facts relied on to invalidate the election or return.)
The petitioner prays that—
(a)
(b)
To the respondent (address)—
You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial,“or Sub-Registry”) within 14 days after service of this petition upon you.
Petitioner: (name, address).
Petitioner’s Address for Service: (Part 9 rule 6 (1)).
Address of Registry—
(where a place in the Riverina is the nominated place of trial, add
“Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”.)
(where a place in the Central West is the nominated place of trial, add
“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.)
(where a place in the Northern Rivers district is the nominated place of trial, add
“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).
| | (signature)Petitioner |
Signed by the Petitioner in our presence at (place) on (date).
| | (signature)(full name, address and occupation) |
| | (signature)(full name, address and occupation) |
(The rules which apply where a deponent making an affidavit if illiterate or blind shall apply in respect of each witness, making such changes as it is necessary to make, where a petitioner is illiterate or blind.)
NOTICE OF DISPUTED ELECTION (OR RETURN) OF A MEMBER OF THE LEGISLATIVE ASSEMBLY
A petition was, on (date), filed with the Prothonotary of the Supreme Court disputing the election (or return) of (name) as a member of the Legislative Assembly for the Electoral District of (place).
The facts relied on to invalidate the election (or return) are as follows—
(a)
(state the facts as concisely as may be)
(b) The petition prays that—
(set out the claims for relief prayed for in the petition)
NOTICE OF A REFERENCE OF A QUESTION TO THE COURT OF DISPUTED RETURNS
The following question respecting the qualification of a member of the Legislative Assembly (or respecting a vacancy in the Legislative Assembly) was, on ,
19 , referred to the Court of Disputed Returns for its determination, namely—
(state the question)
(name), Speaker of the Legislative Assembly.
(Form 4 does not apply)
Form 125
(Notice of application for reduction of capital and of list of creditors.)
P 80, r 9.
(No heading or title.)
NOTICE OF APPLICATION RELATING TO
(name of company in capitals.)
An application has been made to the Supreme Court to confirm a resolution of the above Company for reducing its capital from $ (or as the case may be). A list of the persons admitted to have been creditors of the Company on (date), may be inspected at the office of the Company at (address) or at the office of the undersigned at any time during usual business hours, on payment of the charge of ($ Schedule G item 22).
Any person who claims to have been, on the last mentioned day and still to be, a creditor of the company, unless he belongs to the following class or classes (set out class or classes) and is not entered on the said list and claims to be so entered, must on or before (date), send his name and address, and the particulars of his debt or claim (and the name and address of his solicitor, if any) to the undersigned or in default thereof he will be precluded from objecting to the proposed reduction of capital.
Every admitted creditor who does not consent thereto shall be entitled to object.
Any creditor who has not received notice that his name is entered on the list of creditors must send to the undersigned particulars of his name and address.
| | (name of plaintiff’s solicitor) |
| (No date is required.) | (address for service) |
| (Form 4 is not applicable.) | |
Form 126
(Notice of application under ss. 123 (5), 320 and 363 (1) of the Code.)
(No heading or title.)
NOTICE OF APPLICATION RELATING TO
(Name of Company in capitals.)
P 80, rr 9 (4) (b), 10 and 18.
In respect of proceedings commenced on (date), application will be made by (name of plaintiff) (or if applicable, name of substituted plaintiff, who has, with the leave of the Court, in respect of a summons filed on (date) been substituted as plaintiff) to the Supreme Court of New South Wales at a.m. on (date) at
(address of Court)
where application is made for an order under section 123 (5) of the Code without fixing a date for (settling a list of creditors to confirm a resolution of the Company to reduce its share capital from $ to $ , such reduction to be effected by (state how the reduction is to be effected).
or
where application is made for an order under section 320 of the Code for an order under section 320 of the Companies (New South Wales) Code, in respect of the above Company and, where an order for winding up is sought including an order that the Company be wound up.
or
where application is made for an order under section 364 (1) of the Companies (New South Wales) Code, for an order that the Company be wound up.
or
(state the orders sought)
Copies of documents filed may be obtained under the rules.
Any person intending to appear at the hearing must serve a notice in the prescribed form so as to reach the address below not later than 1 p.m. on (specify the date, for example 7 May 19 by reference to Part 80 rule 20 (3)).
| | (name of plaintiff’s solicitor) |
| (No date is required.) | (address for service) |
(Form 4 is not applicable.)
Form 127
(Affidavit verifying list of creditors.)
P 80, r 10.
AFFIDAVIT
On 7 May 19 I (name, address and occupation) say on oath—
I am the secretary, (or as the case may be) of the plaintiff.
The document produced to me, and marked “A”, contains a list of the creditors of and persons having claims upon the said Company (or a list of the creditors of and persons having claims upon the said Company except those of the following class (or classes—set out class or classes) on (date) (the date fixed by the Court) together with their addresses, and the nature and amount of their debts or claims, and such list is, to the best of my knowledge and belief, a true and accurate list of persons having claims on that day, and of the nature and amount or estimated value of their debts or claims.
To the best of my knowledge and belief there was not, at that date, any debt or claim which, if that date were the commencement of the winding up of the said Company, would be admissible in proof against the said Company other than and except the debts and claims set forth in the said list.
I am able to make this statement from facts within my knowledge as the of the said Company, and from information derived upon investigation of the books of the said Company.
| Sworn at | } | |
| | “A” |
| before me | |
| Name, address and description of creditor or claimant | Nature of debt or claim | Amount of estimated value of debt or claim |
| | | |
| | | |
| | | |
| | | |
| | | |
This list of creditors and claimants marked “A” was produced and shown to AB at the time of swearing his affidavit before me on (date).
XY
[Where applicable, include the note required by Part 38 rule 6 (4) (a)]
Form 128
(Notice to creditors.)
P 80, r 10.
To (name and address of creditor).
An application has been made to the Supreme Court to confirm a special resolution of the above Company for reducing its capital from $ to $ . In the list of persons admitted by the Company to have been its creditors on (date) (here insert any qualification which may have been directed) your name is entered as a creditor for (nature and amount or estimated value of debt or claim).
If you claim to have been on the last-mentioned day a creditor in a larger amount than is stated above, you must on or before (date), send the particulars of your claim, your name and address (and the name and address of your solicitor, if any) to the undersigned otherwise the above entry in the list of creditors will, in all the proceedings under the above application to reduce the capital of the Company, be treated as correct.
Dated 19 .
(Name of plaintiff’s solicitors.)
Form 129
(Affidavit as to claims.)
P 80, r 10.
AFFIDAVIT
On 7 May 19 I, CD, of &c (for example, the secretary of the said Company) and on 11 May 19 , I, EF, of &c (for example, the solicitor for the said Company) and on 12 May 19 I, AB, of &c (for example, the managing director of the said Company) say on oath—
I, the said CD for myself say—
| | 1. I did, on 19 , in the manner hereinafter mentioned, serve a true copy of the notice now produced to me and marked “B” upon each of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked “A”, referred to in the affidavit of filed on 19 . |
| | 2. I served the copies of the said notice by (for example putting such copies duly addressed to such persons according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons) and with the proper postage stamps affixed thereto as prepaid letters, into the post office in (street) between a.m. and a.m. on 19 ). |
And I, the said EF, for myself say—
| | 3. A true copy of the notice now produced to me, and marked “C”, has appeared in the of 19 , 19 , &c. |
| | 4. I have, in the document now produced and shown to me and marked “D”, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice “B”, now produced and shown to me by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors, marked “A”, referred to in the affidavit of sworn on 19 , (or no person has sent to me pursuant to the said notice “B” a claim to be entered on the said list for a larger sum than in respect of which he is entered in the said list marked “A”.) |
| | 5. I have, in the document now produced and shown to me, marked “E”, set forth a list of all claims, the particulars of which have been sent to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the Company on 19 , not appearing on the said list of creditors marked “A”, and who claimed to be entered thereon (or no claims have been sent to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list “A” and claimed to be so entered). |
And we, CD and AB, for ourselves say—
| | 6. We have in the first part of the said document marked “D”, (now produced and shown to us), and also in the first part of the said document marked “E”, (also produced and shown to us), respectively set forth such of the said debts and claims as are admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the Company contends are wholly or as to any and what part thereof not included in the enquiry in this matter. |
| | 7. We have, in the second part of such of the said documents marked “D” and “E”, set forth such of the said debts and claims as are wholly disputed by the Company and such of the same debts and claims as the Company contends would even if admitted be wholly (or as to what part thereof) not included in the enquiry in this matter. |
And I, the said CD further say—
| | 8. All rents, rates, taxes, salaries, wages and other incidental expenses current on 19 and since become due have been paid and discharged by the Company. |
| Sworn by (name) at | } |
| |
| before me (and so on) |
EXHIBIT D
D
(heading and title.)
LIST OF DEBTS AND CLAIMS of which the particulars have been sent to
by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors made out by the Company.
This document marked “D”, was produced and shown to CD, EF, and AB, respectively, and is the same as is referred to in their affidavit sworn before me on
19 .
XY
First Part
Debts and claims wholly or partly admitted by the Company
| Names and addresses and description of creditors | Particulars of debt or claim | Amount claimed | Amount admitted by the Company to be owing to creditor | Amounts admitted by the Company to be owing but which it is contended are not within the enquiry |
| | | | | |
| | | | | |
| | | | | |
Second Part
Debts and claims wholly disputed by the Company
| Names, addresses and descriptions of claimants | Particulars of claim | Amount claimed | Amounts which, even if admitted, it is contended would not be within the enquiry |
| | | | |
| | | | |
| | | | |
EXHIBIT E
E
(heading and title.)
LIST OF DEBTS AND CLAIMS of which the particulars have been sent to
by persons claiming to be creditors of the Company and to be entered on the list of the creditors made out by the Company.
This document marked “E” was produced and shown to CD, EF and AB, respectively, and is the same as is referred to in their affidavit sworn before me on
19 .
XY
First Part
(Same as in Exhibit D.)
Second Part
(Same as in Exhibit D.)
(Note: names are to be inserted alphabetically.)
[Where applicable, include the note required by Part 38 rule 6 (4) (a)]
Form 130
P 80, r 10.
(Notice to creditors to prove debts.)
To (Name and address).
You are hereby required to prove the debt claimed by you against the above company by filing your affidavit in the registry of the Court, Sydney, and serving a copy on the undersigned on or before 19 , and you are to attend before in at the Supreme Court, Sydney, on 19 , at a.m. being the time appointed for hearing and adjudicating on the claim, and produce any securities or documents relating to your claim.
In default of your complying with the above directions, you will be precluded from objecting to the proposed reduction of the capital of the company (or, in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors).
Dated 19 .
| | (Signed)Solicitor for the Company(address) |
Form 131
(Summons under section 184 (3) of the Code.)
P 80, r 12.
SUMMONS UNDER SECTION 184 (3) OF THE COMPANIES (NEW SOUTH WALES) CODE
THE COURT ORDERS that—
(name) of (address) shall appear before the Court at (place) on (date) at a.m. and show cause why the document mentioned in the schedule below should not be delivered up and produced by bringing the said document into the office of (name of Company) at (office of Company) within (state the period as ordered) to have the said document cancelled (or as the notice required) and the transfer of the said document registered (or as ordered).
SCHEDULE
(description of document.)
(Complete as in general form of minute or order, Form 51.)
Form 132
(Summons claiming winding up order under section 364 (1) of the Code.)
2. An order that a liquidator of the defendant be appointed (or where a person is proposed that (name) be appointed liquidator of the defendant).
Form 133
(Note of intention to appear on hearing.)
P 80, r 20.
He intends to appear on the hearing (add, where he intends to support the plaintiff’s application and support the plaintiff’s application or where he intends to oppose the plaintiff’s application and oppose the plaintiff’s application). He is a creditor for $ of the Company (or a contributory holding number and class of shares held shares in the Company).
(No date is required.)
(Form 4 is not applicable.)
Form 134
P 80, r 20.
NOTICE RELATING TO PERSONS INTENDING TO APPEAR ON THE HEARING
Particulars relating to persons who have given notice of their intention to appear on the hearing are set out below.
(Minute of order substituting a plaintiff in a winding up application)
(Title before this order)
P 80, r 21.
ORDER
THE COURT ORDERS that—
(name) be substituted as plaintiff;
the substituted plaintiff amends the summons accordingly;
the substituted plaintiff serve on the defendant personally a minute of this order and the amended summons;
the substituted plaintiff publish a notice in accordance with Form 126 and otherwise comply with the requirements of the rules as if he were the former plaintiff making the application made in the summons;
the date appointed for hearing be adjourned to (date);
the costs of the substituted plaintiff of this application be the substituted plaintiff’s costs of proceedings on the application (or as ordered).
(Complete as in general form of minute of order, Form 51.)
Form 135A
(Notice to liquidator of appointment)
P 80, r 22A.
To: (name and address of liquidator).
(name and registered office of Company) was wound up by order of the Court on (date) and you were appointed to be the liquidator. The application for the winding up was filed on (date on which the summons was filed).
(name and address) be the liquidator of the defendant;
(any directions under section 370 (2) (b) of the Code);
that the plaintiff be at liberty to apply as he may be advised (or as ordered).
(Complete as in general form of minute of order, Form 51.)
Form 136A
(Notice to provisional liquidator of appointment)
P 80, r 26.
To: (name and address of provisional liquidator)—
On: (date) the Court appointed you to be the liquidator of (name and registered office of the Company) provisionally.
Form 137
(Notice of appointment of provisional liquidator.)
(No heading or title.)
P 80, r 26.
NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR
On (date), the Supreme Court appointed (name in capitals, address) to be the liquidator of (name of company in capitals) provisionally.
(name of plaintiff’s solicitor)
(address for service)
(No date required.)
(Form 4 is not applicable.)
Form 138
(No heading or title.)
NOTICE OF WINDING-UP ORDER
(Name of Company in capitals.)
P 80, r 28.
On (date) the Supreme Court made an order that the Company be wound up by the Court and appointed me to be liquidator.
| | (name of liquidator)(address) |
| (No date required.)(Form 4 does not apply.) | |
Form 139
(Certificate of liquidator of resolution of meeting of Committee of Inspection (or creditors and/or contributories))
P 80, r 33.
(Title)
I certify that the document attached hereto and marked “A” is a true copy of the resolution of a meeting of the Committee of Inspection (creditors and contributories or creditors or contributories) of the Company held at on (date).
Dated .
| | (Signature) |
| | Liquidator |
Form 140
(Report.)
P 80, r 36, 52.
REPORT BY LIQUIDATOR (or as the case may be)
or
| Dated— | (signature) |
| | Chairman |
Form 141
(Affidavit by special manager verifying his accounts.)
P 80, r 38.
AFFIDAVIT
On 19 I (name, address and occupation) say on oath—
I am the special manager of the property and business (or as the case may be) of the Company.
The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from (date) to (date).
I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.
| Sworn at | } |
| |
| before me |
[Where applicable, include the note required by Part 38 rule 6 (4) (a)]
Form 142
(Requirement by liquidator under section 384 (1) of the Code.)
P 80, r 40.
REQUIREMENT TO PAY MONEY, etc. TO LIQUIDATOR
To (name and address)—
I am the liquidator of (name of Company.)
Pursuant to section 384 (1) of the Companies (New South Wales) Code, I require you to pay (or deliver, convey, surrender or transfer) to me, forthwith (or not later than (number) days from the date of this requirement) (or such time as the liquidator directs) $ (or describe the property or books)
[or any money, property or books to which the Company is prima facie entitled.
In this requirement—
(a) “accounting records” includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;
(b) “books” includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document;
(c) a reference to writing shall be construed as including a reference to any mode of representing or reproducing words, figures or symbols in a visible form;
(d) “printed” includes type-written, lithographed or reproduced by any mechanical means; and
(e) “document” includes—
(i) any paper or other material on which there is writing or printing, or on which there are marks, symbols, or perforations having a meaning for persons qualified to interpret them; and
(ii) a disc, tape or other article from which sounds, images or messages are capable of being reproduced and, without limiting the generality of the foregoing, includes any summons, order and other legal process and any notice;
(f) “property” means any legal or equitable interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes things in action].
Dated—
(signature)
(name)
(address)
(Form 4 does not apply.)
Form 143
(Notice of meeting of committee of inspection to sanction a call.)
P 80, r 41.
A meeting of the committee of inspection will be held at on (date) at a.m. for the purpose of considering, and if thought fit passing, a resolution that the making by the liquidator of a call of $ per share on all of the contributories (or as the case may be) be sanctioned.
(Notice of meeting of committee of inspection to sanction a call.)
P 80, r 41.
(No heading or title.)
I have convened a meeting of the committee of inspection of (name of Company) to be held at on (date) at a.m. to sanction the making of a call of $ per share on all of the contributories of the Company (or as the case may be). Any contributory may make representations to me or the members of the committee in writing before, at, or orally at, the meeting. A statement showing the necessity for the making of the call may be obtained from me.
(name and address of liquidator)
(No date is required.)
(Form 4 is not applicable.)
Form 146
(Resolution of committee of inspection sanctioning a call.)
P 80, r 41.
Resolved on (date) that the making by the liquidator of a call of $ per share on all of the contributories of the Company (or as the case may be) be sanctioned.
(signatures)
Members of the Committee of Inspection.
Form 147
(Summons for leave to make a call.)
P 80, r 42.
SUMMONS
The plaintiff claims an order—
under section 389 (2) (a) of the Companies (New South Wales) Code that he be granted leave (to make a call of $ per share on all of the contributories of the Company named in column 2 of the schedule below.
under section 384 (4) of the Code that each contributory pay into (name of bank) to the account of the liquidator the amount of the call made on him.
SCHEDULE
| Column 1 | Column 2 | Column 3 | Column 4 |
| Serial number. | Name and address. | In what character included. | Amount due$ |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
Form 148
(Affidavit in support of application for leave to make a call.)
P 80, r 42.
AFFIDAVIT
On 19 I (name, address and occupation) say on oath—
I am the liquidator of the Company.
The statement annexed hereto marked “A” shows—
(a) the amount due in respect of the debts proved and admitted against the Company and the estimated amount of the costs, charges and expenses of and incidental to the winding up (which amounts form in the aggregate about $ );
(b) the property of the Company which amounts to about $ .
There is no other property of the Company (where applicable) except amounts due from some of the contributories and I believe that these will realise about $ .
(number) persons have been settled by me on the list of contributories of the Company in respect of the total number of shares.
To satisfy the debts and liabilities of the Company and the costs, charges, and expenses of and incidental to its winding-up, I believe $ will be required in addition to the proceeds of the realization of the profit of the said Company and the amounts referred to in paragraph 3.
To provide $ (as in 5), it is necessary to make a call upon the persons settled on the list of contributories, and, having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that a call of $ per share should be made.
| Sworn at | } |
| |
| before me |
[Where applicable, include the note required by Part 38 rule 6 (4) (a)]
Form 149
(Notice of application for leave to make a call.)
P 80, r 42.
(No heading or title.)
An application will be made to the Supreme Court on (date) at a.m. (orp.m.) at (address of Court) for leave to make a call of $ per share on all of the contributories of the company (or as the case may be). All persons interested are entitled to attend the hearing. A copy of an affidavit showing the necessity for the call may be obtained from me.
(name and address of liquidator)
(No date is required.)
(Form 4 is not applicable.)
Form 150
(Minute of order giving leave to make a call.)
P 80, r 42.
ORDER
THE COURT ORDERS that—
leave be given to the liquidator to make a call of $ per share on all of the contributories (or as the case may be);
each contributory pay into (name of Bank) to the account of the liquidator the amount of the call made on him (or as the case may be).
(Complete as in general form of minute of order, Form 51.)
Form 151
(Notice of amount of call per share.)
P 80, r 43.
Pursuant to the order of the court made (or the resolution of the committee of inspection passed) on (date) I will make a call of $ per share on all of the contributories of the Company (or as the case may be).
Dated—
(signature)
Liquidator
Form 152
(Notice of call sanctioned by committee of inspection.)
P 80, r 44.
On (date of resolution) the committee of inspection sanctioned the making by me of a call of $ per share on all of the contributories of the Company (or as the case may be).
I call on you accordingly to pay $ to me on or before (date).
If you do not pay that sum to me on or before that date, I will claim interest on that sum from that date until payment of that sum.
On (date of making of order) the Court granted leave to me to make a call of $ per share on all of the contributories of the Company (or as the case may be) and to pay the amount of the call into (bank named in the order) to my account. I call on you accordingly to pay $ into (bank) to my account on or before (date).
If you do not so pay the sum on or before that date, I will claim interest on that sum from that date until payment of that sum.
(Minute of order under section 541 (3) of the Code for examination.)
P 80, r 63.
ORDER
THE COURT ORDERS that—
(name) (address) attend before the Court at a time and place appointed by the registrar and from day to day until the conclusion of his examination, to be examined in public on oath or affirmation on any matters relating to the promotion, formation, management, administration or winding up of the Company and produce any books in his possession or under his control relevant to those matters;
(any directions under section 541 (5) of the Code).
the questions put to him and the answers given by him be recorded in writing;
subject to any further order of the Court, the plaintiff be paid or retain out of the property of the Company his costs of this application and the examination.
(or as ordered).
(Complete as in general form of minute of order, Form 51.)
(There may be added to a minute of the above order—
APPOINTMENT FOR HEARING
I appoint (date) at 10 a.m. at (address of Court) for the examination (or as appointed).
SUMMONS TO ATTEND FOR EXAMINATION UNDER SECTION 596A (OR 596B) OF THE CORPORATIONS LAW
P 80, r 1D (2).
| To— | (Name)(Address) |
| 1. | You are required to attend before the Court at the time and place appointed by the Registrar and specified below, to be examined on oath or affirmation about the examinable affairs (as defined in the Corporations Law) of (name of corporation) (“the Corporation”). |
| 2. | Section 597 (6) of the Corporations Law provides that a person who is summoned under section 596A or section 596B to attend before the Court shall not, without reasonable excuse—(a) fail to attend as required by the summons; or(b) fail to attend from day to day until the conclusion of the examination. |
| 3. | (If applicable) You are also required to produce at the examination the books (as defined in the Corporations Law) specified in the Schedule below that—(a) are in your possession or custody or under your control; and(b) relate to the Corporation or to any of its examinable affairs. |
| 4. | (If applicable) Section 597 (7) of the Corporations Law provides that a person who attends before the Court for examination must not—(a) without reasonable excuse, refuse or fail to take an oath or make an affirmation; or(b) without reasonable excuse, refuse or fail to answer a question that the Court directs him or her to answer; or(c) make a statement that is false or misleading in a material particular; or(d) without reasonable excuse, refuse or fail to produce books that the summons requires him or her to produce. |
SCHEDULE
(if applicable) (description of books)
Dated: 19
| | By the Court |
| | Registrar(or as the case may be) |
APPOINTMENT
I appoint (date) at (time) at (address of Court) for the examination.
| | (Signature)Registrar |
Form 154BA
P 80A, r 4.
SUMMONS UNDER SECTION 1092 (3) OF THE CORPORATIONS LAW
THE COURT ORDERS that—
(name) of (address) shall appear before the Court at (place) on (date) at a.m. and show cause why the document mentioned in the Schedule below should not be delivered up and produced by bringing the said document into the office of (name of company) at (office of the company) within (state the period as ordered) to have the said document cancelled (or as the notice required) and the transfer of the said document registered (or as ordered).
SCHEDULE
(Description of document)
(Complete as in general form of minute or order, Form 51.)
Form 154B
(Notice of Application under ss. 246D (5), 254E (1), 411 (4) (b) and (6), 413 (1), 459A, 461, 601FP or 601ND (1))
P 80A, r 10 (5).
(No heading or title.)
NOTICE OF APPLICATION RELATING TO
(Name of Company in capitals)
A.C.N. (specify Australian Company Number of Company)
(Name of applicant) will apply to the Supreme Court of New South Wales at (time) on (date) at (address of Court) for an order (describe order using appropriate description hereunder)
validating an issue of shares (or confirming the terms of an issue of shares*)* in the capital of (name of Company) under section 254E;
or
setting aside a modification of the constitution of (name of Company) under section 246D;
or
setting aside a variation or cancellation of rights of members of (name of Company) under section 246D;
or
approving a compromise or arrangement by (name of Company) with its creditors or members, or a class of creditors or members, under section 411 (4) and (6);
or
that (name of Company) be wound up in insolvency under section 459A;
or
that (name of Company) be wound up on the ground of (specify ground) under section 461;
or
that (name of proposed temporary responsible entity) be appointed as the temporary responsible entity of (specify scheme) under section 601FP;
or
that (name of responsible entity) wind up (specify registered scheme) under section 601ND (1);
or
(state other order sought).
Any person intending to appear at the hearing must file a notice of appearance in the prescribed form and serve that notice on the applicant at its address for service shown below not later than (specify the date by reference to Part 80A rule 9 (1)).
(name of applicant’s solicitor) (address for service)
(no date is required) (Form 4 does not apply)
Forms 154C–154E
(Repealed)
Form 154FA
P 80A, r 15.
(No heading or title)
(name of creditor)
Creditor (name of company)
Debtor
AFFIDAVIT UNDER SECTION 459E OF THE CORPORATIONS LAW
On (date), I, (name, address and occupation) say on oath—
1 (Set out the matters referred to in paragraph (b) of Part 80A, rule 15 (1)).
2 I believe that the amount of $ , being the debt (or the total of the amounts of the debts*)* specified in the accompanying demand, is due and payable by the debtor to the creditor.
3 (Set out the matters referred to in paragraph (c) of Part 80A, rule 15 (1)).
4 I believe that there is no genuine dispute about the existence or amount of the debt (or debts*)* referred to in paragraph 2.
| Sworn at | } |
| before me |
[IMPORTANT NOTE—
(1) This affidavit accompanies a statutory demand under section 459E of the Corporations Law.
(2) No proceedings (or, if applicable, no winding up proceedings*)* have been commenced in respect of any debt to which this affidavit relates.
(3) Any questions relating to this affidavit or any debt to which it relates should be directed either to the person named as creditor or the creditor’s solicitors.]
Form 154FB
P 80A, r 16.
AFFIDAVIT VERIFYING DEBT UNDER SECTION 459Q OF THE CORPORATIONS LAW
On (date), I, (name, address and occupation) say on oath—
1 (Set out the matters referred to in paragraph (c) of Part 80A, rule 16 (1))
2 I believe that the amount of $ , being the debt (or the total of the amounts of the debts) specified in the statutory demand served on the defendant, is due and payable by the defendant to the plaintiff.
3 (Set out the matters referred to in paragraph (d) of Part 80A, rule 16 (1))
4 I believe that there is no genuine dispute about the existence or amount of the debt (or debts) referred to in paragraph 2.
5 The defendant has failed to pay the said amount to the plaintiff or to secure or compound for that amount to the reasonable satisfaction of the plaintiff.
| Sworn at | } |
| before me |
Form 154F
P 80A, r 20 (1) (a) (i).
NOTICE TO LIQUIDATOR (or PROVISIONAL LIQUIDATOR*)* OF APPOINTMENT
To: (name and address of liquidator or provisional liquidator) (if liquidator was appointed, add:
(Name and registered office of Company) was wound up by order of the Supreme Court of New South Wales on (date) and you were appointed to be the liquidator. The application for the winding up was filed on (date on which the summons was filed).) (if provisional liquidator was appointed, add:
By order of the Court on (date) you were appointed to be provisional liquidator of (name and registered office of Company).)
Form 154G
P 80A, r 20 (1) (b).
(No heading or title)
NOTICE OF WINDING UP ORDER AND APPOINTMENT OF LIQUIDATOR
(Name of Company in capitals)
A.C.N. (specify Australian Company Number of Company)
On (date) the Supreme Court of New South Wales made an order that the Company be wound up by the Court and appointed me to be liquidator.
| | (name of liquidator)(address) |
(No date required) (Form 4 does not apply)
Form 154H
P 80A, r 20 (1) (b).
(No heading or title)
NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR
(Name of Company in capitals)
A.C.N. (specify Australian Company Number of Company)
On (date) the Supreme Court of New South Wales appointed me to be provisional liquidator of the Company.
NOTICE OF INTENTION OF LIQUIDATOR (or PROVISIONAL LIQUIDATOR or RECEIVER or ADMINISTRATOR or SPECIAL MANAGER*)* TO APPLY FOR DETERMINATION OF REMUNERATION
(Name of Company in capitals)
A.C.N. (specify Australian Company Number of Company)
To: (name and address of person to whom notice is given)
I, (name and address), the liquidator (or provisional liquidator or receiver or administrator or special manager*)* of the abovenamed Company, will, not earlier than 21 days after service on you of this notice and the accompanying affidavit, seek a determination by the Court of my remuneration.
If you object to my application, you should, within 21 days after service of this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed. You will then be entitled to receive notice of the time and place of hearing of the application.
Dated (date)
| | (signature)liquidator (or provisional liquidator orreceiver or administrator or special manager) |
(Form 4 does not apply)
Form 154J
(Report)
P 80A, rr 25, 31.
REPORT BY LIQUIDATOR (or as the case may be)
Dated—
| | (signature)Chairman |
Form 154K
(Affidavit by special manager verifying his accounts.)
P 80A, r 27.
AFFIDAVIT
On 19 I (name, address and occupation) say on oath:
I am the special manager of the property and business (or as the case may be) of the Company.
The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from (date) to (date).
I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.
| SWORN at | } |
| |
| before me |
[Where applicable, include the note required by Part 38 rule 6 (4) (a)]
Form 154L
P 80A, r 33 (3) (a) (i).
NOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE
To: (name and address of creditor or contributory)
I, (name and address of liquidator), the liquidator of the above Company, intend to apply to the Supreme Court of New South Wales for a release as liquidator of the Company (if applicable, add and that the company be dissolved*)*.
If you object to the grant of my release, you must, within 21 days of publication in the Commonwealth of Australia Gazette of my notice of intention to apply for a grant of release, deliver to me a notice of objection stating the grounds of objection.
(NOTE—
Section 481 (3) of the Corporations Law provides that an order of the Court releasing the liquidator discharges him or her from all liability in respect of any act done or default made by him or her in the administration of the affairs of the Company or otherwise in relation to his or her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.)
Dated: (date)
(Form 4 does not apply)
Form 154M
P 80A, r 33 (3) (b).
(No heading or title)
NOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE
(Name of Company in capitals)
A.C.N. (specify Australian Company Number of Company)
I, (name and address of liquidator), the liquidator of the above company, intend to apply to the Supreme Court of New South Wales for a release as liquidator of the Company (if applicable, add and that the company be dissolved*)*.
Any creditor or contributory who wishes to object to the grant of my release may, within 21 days of publication of this notice, deliver to me a notice of objection stating the grounds of objection.
(NOTE—
Section 481 (3) of the Corporations Law provides that an order of the Court releasing the liquidator discharges him or her from all liability in respect of any act done or default made by him or her in the administration of the affairs of the Company or otherwise in relation to his or her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.)
(No date is required) (Form 4 does not apply)
Form 154N
P 80A, r 36 (6).
SUMMONS TO ATTEND FOR EXAMINATION
UNDER SECTION 596A (or 596B*)* OF THE CORPORATIONS LAW
| To— | (Name)(Address) |
SCHEDULE
(if applicable) (description of books)
Dated: 19
| | By the CourtRegistrar(or as the case may be) |
Forms 155, 156
(Repealed)
Form 157
P 82, rr 9, 7 (4).
OATH OF OFFICE
I, (name) of (address and occupation) do swear that if I am appointed as a public notary by the Supreme Court of New South Wales I will truly and honestly conduct myself in the practice of a public notary in New South Wales according to the best of my knowledge, skill and ability.
(Signature of person taking oath)
CERTIFICATE
I, (name) of (address), certify that I duly administered the above oath on (date) at (place).
(date)
........................................(Signature of a person administering oath)
........................................(Office of person administering oath)
Form 158
P 1, r 9A (1A)
CERTIFICATION UNDER SECTION 198L OF THE LEGAL PROFESSION ACT 1987
I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.
(Signature) Date (Date certification signed)
Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)
Forms 159, 160
(Repealed)
Form 161
P 84, r 1
APPLICATION FOR DIRECTION TO PAROLE AUTHORITY
To the Registrar—
Date—
I, (full name), apply to the Court for a direction to be given to the Parole Authority that the information on which the Authority on (date) based its decision—
*(b) under section 130/163/167/170 (1)* of the Crimes (Administration of Sentences) Act 1999 to revoke the parole order/periodic detention order/home detention order* relating to me was false/misleading/irrelevant*.
The information that I believe was false/misleading/irrelevant* is set out on page 2 of this application.
* Strike out any words that are not applicable.
(signed)†
Applicant
†This application must be signed by the applicant and, if the applicant cannot write, the applicant’s mark must be attested by a witness whose name and address must be given.
The applicant must answer the following question—
Do you desire to appear in person at the hearing or determination of your application?
If the answer is “yes”, the applicant must state the grounds on which the applicant believes he or she should be allowed to do so.
(Page 2 of application)
The following information was false:*
The following information was misleading:*
The following information was irrelevant:*
* Strike out any words that are not applicable.
Form 162
P 84, r 2
APPLICATION BY STATE FOR DIRECTION TO PAROLE AUTHORITY
To the Registrar—
Date—
The Attorney General/The Director of Public Prosecutions* applies to the Court for a direction to be given to the Parole Authority that the information on which the Authority on (date) based its decision under section (number of appropriate section) of the Crimes (Administration of Sentences) Act 1999—
*(a) that (name of offender) should be released on parole was false/misleading/irrelevant*.
*(b) not to revoke the parole order relating to (name of offender) was false/misleading/irrelevant.*
The information that I believe was false/misleading/irrelevant* is set out on page 2 of this application.
* Strike out any words that are not applicable.
(signed)Applicant
(Page 2 of application)
The following information was false:*
The following information was misleading:*
The following information was irrelevant:*
* Strike out any words that are not applicable.
Index of Forms
| 1. | First page of a document (See P 65, r 1). |
| 2. | } | Heading and title (See P 65, r 1). |
| 3. | } | |
| 4. | Conclusion of documents for use by a party. |
| 5. | Statement of Claim (P 4, r 1). |
| 6. | Summons (P 5, r 4A). |
| 7. | (Repealed) |
| 8. | Appointment for hearing (P 5, r 5). |
| 9. | Defence and cross-claim (P 6, r 13). |
| 10. | Cross-claim (pleaded) (P 6, r 13). |
| 11. | (Repealed) |
| 11A. | Cross-claim against plaintiff in summons (P 6, r 16 (1)). |
| 11B. | (Repealed) |
| 12. | Notice of payment (P 7, r 4). |
| 13. | Notice of claim for possession (P 7, r 8). |
| 13A. | Notice to defendant served outside Australia (P 10, r 2A). |
| 14. | Request for special service (P 10, r 8 (a) (v)). |
| 15. | Request for service (P 10, r 10). |
| 16. | Notice of Appearance (P 11, r 4). |
| 17. | Defence (P 15, r 3). |
| 18. | Reply (P 15, r 4). |
| 19. | Reply and defence to cross-claim (P 15, r 4 (2)). |
| 20. | Notice to plead facts (P 15, r 12 (3)). |
| 20A. | Affidavit verifying statements of claim (P 15, r 23). |
| 20B. | Affidavit verifying defence (P 15, r 23). |
| 20C. | Affidavit of debt (P 17, r 4 (2)) |
| 21. | Notice to admit facts and authenticity of documents (P 18, rr 2, 5). |
| 22. | Notice disputing facts and authenticity of documents (P 18, rr 2, 5). |
| 23. | Notice of Motion (P 19, r 2). |
| 24. | Notice of amendments (P 20, r 7). |
| 25–30A. | (Repealed) |
| 31. | Notice for discovery (P 23, r 1). |
| 32. | List of documents (P 23, r 6). |
| 33. | Notice to answer interrogatories (P 24, r 6). |
| 34. | Statement in answer to interrogatories (P 24, r 6). |
| 35. | Verified statement in answer to interrogatories (P 24, r 6). |
| 36. | (Repealed) |
| 37. | Notice of motion for directions (P 26, r 2). |
| 38. | Minutes of Order for examination (P 27, r 1D). |
| 39. | Minutes of Order appointing examiner (P 27, r 1D). |
| 40. | Minutes of Order to send letter of request (P 27, r 1). |
| 41. | Receiver’s deed of security (P 29, r 2). |
| 41A, 41B. | (Repealed) |
| 42. | Notice to set down for trial (P 33, r 5). |
| 43. | Requisition for trial with a jury (P 34, r 3). |
| 43A. | Order for Production (P 36, r 12). |
| 44. | Minutes of order (inmate a witness) (P 36, r 14). |
| 45. | Notice to produce (P 36, r 16). |
| 45A. | Subpoena for production for service in New Zealand (P 36A r 3 (5)) |
| 45B. | Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc of documents for service in New Zealand (P 36A r 3 (5)). |
| 45C. | Subpoena for production of original or photocopies of medical records for service in New Zealand (P 36A r 3 (5)). |
| 45D. | Subpoena to give evidence for service in New Zealand (P 36A r 3 (5)). |
| 45E. | Subpoena for production and to give evidence for service in New Zealand (P 36A r 3 (5)). |
| 45F. | Certificate of non-compliance with subpoena (P 36A, r 5 (1)). |
| 45G. | Objection to determination without hearing (P 36A r 6 (7)). |
| 45H. | Request for hearing by video link or telephone (P 36A r 6 (8)). |
| 46. | Subpoena (P 37, r 3). |
| 46A–48. | (Repealed) |
| 49. | Affidavit (P 38, r 2). |
| 50. | Minute of judgment (P 41, r 10) and particular judgments. |
| 51. | Minute of order (P 41, r 11). |
| 51A. | Certificate under section 13 of the Foreign Judgments (Reciprocal Enforcement) Act 1973 (P 41, r 15A (2)). |
| 52. | Writ of possession (and for levy of property) (P 42, r 4). |
| 53. | Writ of specific delivery (P 42, r 5). |
| 54. | Writ of delivery (P 42, r 5). |
| 55. | Notice to corporation and officer before sequestration or committal (P 4, r 8 (3)). |
| 56. | Minute of order (examination as to debts) (P 43, r 1). |
| 57. | Writ for levy of property (P 45, r 2). |
| 57A. | Notice to judgment debtor of intention to sell land (P 45, r 9 (2)). |
| 57B. | Memorandum to be endorsed on notice of sale for service on judgment debtor. (P45, r 12). |
| 58. | Garnishment notice (P 46, r, 3). |
| 59–62AA1. | (Repealed) |
| 62AAA. | Items, etc in a bill of costs (P 52, r 49 (1)). |
| 62AB. | Undertaking to pay disbursement (P 52, r 49 (3A)). |
| 62AC. | Notice to file objections to bill of costs (P 52, r 50A (3)). |
| 62AD. | Notice of objection to a bill (P 52, r 50A (5)). |
| 62AE. | Certificate of taxation (P 52, r 50A (7)). |
| 62B. | Request for appointment for hearing before taxing officer (P 52, r 50 (4) (ii)). |
| 63. | Certificate of taxation (P 52, r 59). |
| 64. | Statement of objection (to item of costs disallowed) (P 52, r 60). |
| 64A. | Request for taxation or moderation (P 52, r 68 (8)). |
| 64B. | Security for costs (P 53, r 3). |
| 65. | Warrant for arrest (P 55, r 10). |
| 66. | Warrant for committal (P 55, r 13). |
| 67. | Notice of claim to Sheriff (interpleader) (P 56, r 5). |
| 68. | Minute of order (registration of judgment) (P 59, r 4). |
| 69. | Notice of registration of judgment (P 59, r 6). |
| 69A, 69B. | (Repealed) |
| 70. | Notice of Appeal from associate Judge (P 60, r 11 (1)). |
| | (The form prescribed under Pt 65 r 1 is Form 1). |
| 70AA. | Oath of office (P 65C, rr 3 (4), 4 (4)). |
| 70A. | Notice of intention to cease acting as solicitor (P 66, r 7 (2)). |
| 71. | Writ of Habeas Corpus (s 69 (2)). |
| 71A, 71B. | } | (Repealed) |
| 71C. | Arbitrator’s award and Registrar’s notice to parties (P 72B, r 3 (1)). |
| 71D. | Arbitrator’s reasons for award (P 72B, r 3 (2)). |
| 71E. | Application for rehearing (P 72B, r 5 (1)). |
| 72–74. | (Repealed) |
| 74AA. | Subpoena to a natural person: criminal proceedings (P 75, r 2 (q)). |
| 74AB. | Subpoena to a corporation for production and for its proper officer to answer questions concerning possession etc of documents: criminal proceedings (P 75, r 2 (q)). |
| 74AC. | Subpoena to give evidence: criminal proceedings (P 75, r 2 (q)). |
| 74AD. | Subpoena for production and to give evidence: criminal proceedings (P 75, r 2 (q)). |
| 74AE. | Form of indictment (P 75, r 3D (1)). |
| 74AF. | Application to the Supreme Court or the Court of Criminal Appeal for variation of bail (P 75, r 3E (c)). |
| 74AG. | Application to the Supreme Court or the Court of Criminal Appeal for bail (P 75, r 3E (d)). |
| 74AH. | Acceptable person—Information form (P 75, r 3F). |
| 74AHA. | Objection to confirmation of forfeiture order by the Supreme Court or the Court of Criminal Appeal (p 75, r 3FA). |
| 74AHB. | Application to set aside forfeiture order by the Supreme Court or the Court of Criminal Appeal (P 75, r 3FB). |
| 74AI. | Application to the Supreme Court for an order that the hearing of an application in relation to bail be not conducted by video link (P 75, r 3G). |
| 74AJ. | Election under s 132 (1) of the Criminal Procedure Act 1986 (P 75, r 3H (1)). |
| 74AK. | Election under s 132 (5) of the Criminal Procedure Act 1986 (P 75, r 3H (1)). |
| 74A. | Summons: Part 5 of Chapter 4 of theCriminal Procedure Act 1986 (P 75, r 7). |
| 74B. | Minute of order: s 246 (1) (a), Criminal Procedure Act 1986 (P 75, r 8). |
| 74C. | Minute of order: s 246 (1) (b), Criminal Procedure Act 1986 (P 75, r 8). |
| 74D–89. | (Repealed) |
| 89A. | Minute of order under section 21 (2) of the Status of Children Act 1996 (P 77, r 38). |
| 89B. | Notice of claim for provision under the Family Provision Act 1982 (P 77, r 63). |
| 89C. | (Repealed) |
| 89D. | Defendant’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A). |
| 89E. | Prosecution’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A). |
| 89F. | Notice under 44 (2) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87B). |
| 89G. | Certificate under section 85 (1) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87G). |
| 89E. | Notice under s 24 of the Crimes (Confiscation of Profits) Act 1985 (P 77, r 86). |
| 89H. | Order under s 3 (1) of the Restricted Premises Act 1943 (P 77, r 91). |
| 89I. | Order under s 4 (1) or 14 (3) of the Restricted Premises Act 1943 (P 77, r 91). |
| 89J. | Notice of declaration under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91). |
| 89K. | Notice of rescission under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91). |
| 89L. | Certificate under s 77F of the Victims Compensation Act 1996 (P 77, r 137A). |
| 90. | Summons for probate, administration or resealing (P 77, r 8). |
| 91. | Notice of intended application for probate (P 78, r 10). |
| 92. | Notice of intended application for administration (P 78, r 10). |
| 92A. | Notice of intended application for administration under s 41A of the Probate Act (P 78, r 10). |
| 93. | Notice of intended application for resealing (P 77, r 10). |
| 94. | Renunciation of probate (P 78, r 14). |
| 95. | Affidavit of attesting witness (P 78, r 15). |
| 96. | Inventory of Property (Forms 97, 98, 104, 106). |
| 97. | Affidavit of executor (P 78, r 24). |
| 98. | Affidavit of applicant for administration (P 78, rr 24A (1) (a), 25 (1) (a), 25A (2) (a)). |
| 98A. | Affidavit showing deceased had no de facto spouse (P 78, r 24A (2) (c)). |
| 99. | Affidavit showing deceased had no de facto spouse (P 78, r 25 (2) (f)). |
| 99A– 100B. | (Repealed) |
| 101. | Consent to administration (P 78, rr 24A, 25, 25A). |
| 102. | Administration bond (P 78, rr 24A, 25, 26). |
| 103. | Affidavit of surety (P 78, rr 24A, 25, 25A, 26, 34). |
| 103A. | Affidavit relating to de facto relationship (P 78, r 25A (2) (e)). |
| 103AA. | Affidavit relating to de facto relationships (P 78, r 25A (2) (d)). |
| 103B. | Notice where the deceased leaves a de facto wife or de facto husband (P 78, r 25A (3) (b) (iv)). |
| 104. | Affidavit of applicant for administration with the will annexed (P 78, r 26). |
| 105. | Renunciation in favour of Public Trustee (P 78, r 26). |
| 105A. | Affidavit of applicant for administration for the purposes of the Family Provision Act 1982 (P 78, r 26A). |
| 106. | Affidavit of applicant for resealing (P 78, r 28). |
| 106A. | Affidavit of additional assets (P 78, r 28A). |
| 106B. | Consent to distribution of gift (P 78, r 34A). |
| 106CA. | Consent to order (P 78, r 34A (1A)). |
| 106C. | Notice of intention to distribute estate (P 78, r 34D). |
| 106D. | Consent by affected person (P 78, r 34E (1)). |
| 106E. | Notice to affected person (P 78, r 34E (1)). |
| 106F. | Notice to affected person (P 78, r 34E (3)). |
| 107. | (Repealed) |
| 108. | Request for issue of citation (P 78, rr 46, 54). |
| 109. | Citation to pray for administration (P 78, r 51). |
| 110. | Answer to citation to pray for administration (P 78, r 51). |
| 111. | Citation to take probate (P 78, r 52). |
| 112. | Answer to citation to take probate (P 78, r 52). |
| 113. | Citation to see proceedings (P 78, r 53). |
| 114. | Caveat in respect of grant of probate or proof of will (P 78, rr 61, 62, 62A). |
| Form 115 | Notice of withdrawal of caveat (P 78, r 64). |
| 115A. | (Repealed) |
| 116. | Notice of filing of accounts (P 78, r 76). |
| 116A. | Notice of Intended Objection to Accounts or Commission or Accounts and Commission (P 78, r 77A). |
| 117. | Acknowledgment under s 83 of the Probate Act (P 78, r 80). |
| 118. | Notice of appointment of executor or administrator (P 78, r 90). |
| 119. | Deed of appointment of executor or administrator (P 78, r 90). |
| 120. | Notice of objection to appointment of executor or administrator (P 78, r 90). |
| 121. | Notice of intended distribution of an estate under s 92 of the Probate Act, s 11 of the Testator’s Family Maintenance etc Act, and s 35 of the Family Provision Act (P 78, r 91, and P 77, rr 31, 69). |
| 121A. | (Repealed) |
| 122. | Petition: Parliamentary Electorates etc Act 1912 (P 79, r 8). |
| 123. | Notice of filing petition: Parliamentary Electorates etc Act 1912 (P 79, r 9). |
| 124. | Notice of reference: Parliamentary Electorates etc Act 1912 (P 79, r 31). |
| 125. | Notice of application for reduction of capital and of list of creditors (P 80, r 9). |
| 126. | Notice of application under ss 123 (5), 320 and 363 (1) of the Code (P 80, rr 9, 10, 18). |
| 127. | Affidavit verifying list of creditors (P 80, r 10). |
| 128. | Notice to creditors (P 80, r 10). |
| 129. | Affidavit as to claims (P 80, r 10). |
| 130. | Notice to creditors to prove debts (P 80, r 10). |
| 131. | Summons under s 184 (3) of the Code (P 80, r 12). |
| 132. | Summons claiming winding up order under the Code (P 80, r 18). |
| 133. | Note of intention to appear on hearing (P 80, r 20). |
| 134. | Notice relating to persons intending to appear on hearing (P 80, r 20). |
| 135. | Minute of order substituting plaintiff in a winding up application (P 80, r 21). |
| 135A. | Notice to liquidator of appointment (P 80, r 22A). |
| 136. | Minute of winding up order (P 80, r 23). |
| 136A. | Notice to provisional liquidator of appointment (P 80, r 26). |
| 137. | Notice of appointment of provisional liquidator (P 80, r 26). |
| 138. | Notice of winding up order (P 80, r 28). |
| 139. | Certificate of liquidator of resolution of meeting (P 80, r 33). |
| 140. | Report (P 80, rr 36, 52). |
| 141. | Affidavit by special manager (P 80, r 38). |
| 142. | Requirement by liquidator under s 384 (1) of the Code (P 80, r 40). |
| 143. | Notice of meeting of committee of inspection: calls (P 80, r 41). |
| 144. | Statement with notice of meeting of committee of inspection: calls (P 80, r 41). |
| 145. | Notice of meeting of committee of inspection: calls (P 80, r 41). |
| 146. | Resolution of committee of inspection: calls (P 80, r 41). |
| 147. | Summons for leave to make a call (P 80, r 42). |
| 148. | Affidavit: leave to make a call (P 80, r 42). |
| 149. | Notice of application for leave to make a call (P 80, r 42). |
| 150. | Minute of order: leave to make a call (P 80, r 42). |
| 151. | Notice of amount of call per share (P 80, r 43). |
| 152. | Notice of call sanctioned by committee of inspection (P 80, r 44). |
| 153. | Notice of call permitted by leave of the Court (P 80, r 44). |
| 154. | Minute of order under s 541 (3) of the Code for examination (P 80, r 63). |
| 154A. | Summons under section 596A or 596B of the Corporations Law (P 80, r 1D (2)). |
| 154BA. | Summons under section 1092 (3) of the Corporations Law (P 80A, r 4). |
| 154B. | Notice of application under ss 167 (7), 168 (4), 172 (10), 190 (3), 194 (1), 195 (5), 197 (6), 198 (6), 411 (4) (b) and (6), 413 (1), 459A, or 461 of the Corporations Law (P 80A, r 10 (5)). |
| 154C. | Notice of application for reduction of capital and of list of creditors (P 80A, r 13 (5) (a)). |
| 154D. | Notice to creditors (P 80A, r 13 (5) (b)). |
| 154E. | Affidavit verifying list of creditors (P 80A, r 13 (7)). |
| 154FA. | Affidavit under s 459E of the Corporations Law (P 80A, r 15). |
| 154FB. | Affidavit under s 459Q of the Corporations Law (P 80A, r 16). |
| 154F. | Notice to liquidator (or provisional liquidator) of appointment (P 80A, r 20 (1) (a) (i)). |
| 154G. | Notice of winding up order and appointment of liquidator (P 80A, r 20 (1) (b)). |
| 154H. | Notice of appointment of provisional liquidator (P 80A, r 20 (1) (b)). |
| 154I. | Notice of intention of liquidator (or provisional liquidator or receiver or administrator or special manager) to apply for determination of remuneration (P 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b)). |
| 154J. | Report by liquidator (or as the case may be) (P 80A, rr 25, 31). |
| 154K. | Affidavit by special manager verifying his accounts (P 80A, r 27). |
| 154L. | Notice of intention of liquidator to seek release (P 80A, r 33 (3) (a) (i)). |
| 154M. | Notice of intention of liquidator to seek release (P 80A, r 33 (3) (b)). |
| 154N. | Summons to attend for examination under section 596A (or 596B) of the Corporations Law (P 80A, r 36 (6)). |
| 155, 156. | (Repealed) |
| 157. | Oath of office (P 82, rr 9, 7 (4)). |
| 158. | Certification under section 198L of the Legal Profession Act 1987. |
| 159–160. | (Repealed) |