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COURT PROCEDURES RULES 2006
TABLE OF PROVISIONS
CHAPTER 1--PRELIMINARY
1. Name of rules
3. Overview of rules
4. Dictionary
5. References to court, judicial officer etc
6. Dispensing with rules
7. Dictionary
8. Notes
CHAPTER 2--CIVIL PROCEEDINGS GENERALLY
PART 2.1--INTRODUCTORY PROVISIONS--CH 2
20. Meaning of plaintiff and defendant
22. Application—ch 2
PART 2.2--STARTING CIVIL PROCEEDINGS
Division 2.2.1--How civil proceedings are started
30. Who may start and carry on a proceeding
31. Kinds of originating processes
32. When civil proceeding starts
33. When originating claim must be used
34. When originating application must be used
35. When originating application may be used
36. When originating application taken to be used
37. When oral originating application may be made in Supreme Court
38. Proceeding incorrectly started by originating claim
39. Proceeding incorrectly started by originating application
40. Setting aside originating process etc
Division 2.2.2--Originating claims
50. Originating claim—content etc
51. Originating claim—additional matters for claims for debt and liquidated
52. Originating claim—statement of claim for motor vehicle death and personal injury
53. Originating claim—statement of claim for employment death and personal injury
54. Originating claim—filing and service
55. Originating claim—abandonment of excess in Magistrates Court
Division 2.2.3--Originating applications
60. Originating application—content etc
61. Originating application—filing and service
62. When originating application must be served
63. What happens if originating application not served in time
64. Originating application—filing and service of supporting
Division 2.2.4--Rules about originating process
70. Originating process to be sealed
71. Numbering etc of proceedings
72. Originating process—solicitor's statement about filing
73. Defendant taken to be served by filing notice of intention to respond or
74. Originating process—duration and renewal
75. When proceeding taken to be dismissed
76. Reinstating dismissed proceeding
PART 2.3--NOTICE OF INTENTION TO RESPOND AND DEFENCE
Division 2.3.1--Notice of intention to respond and defence—general
100. No step without notice of intention to respond or defence
101. Notice of intention to respond or defence—details to be
102. Notice of intention to respond or defence—filing and service
103. Notice of intention to respond or defence—late filing or
104. Ground of defence arising after defence filed etc
105. Defence—reliance on defence not disclosed
106. Defendant may submit to judgment by notice of intention to respond
107. Notice of intention to respond or defence—several defendants with same
108. Notice of intention to respond or defence—person sued under partnership
109. Notice of intention to respond or defence—person incorrectly served as
110. Notice of intention to respond or defence—person sued under business
111. Conditional notice of intention to respond
Division 2.3.2--Notice of intention to respond and defence—proceedings in Supreme Court for possession of land
150. Application—div 2.3.2
151. Proceeding for possession of land—leave to file defence etc
152. Proceeding for possession of land—filing defence etc
153. Proceeding for possession of land—service of defence etc
PART 2.4--PARTIES AND PROCEEDINGS
Division 2.4.1--Including causes of action
200. Including causes of action
201. Joint and separate claims
202. Including causes of action inconveniently etc
Division 2.4.2--Including and substituting parties
210. Necessary parties
211. Including parties—common issues of law or fact
212. Including parties—defendants may be sued jointly, severally, or in
213. Including parties—joint entitlement
214. Including parties—joint or several liability
215. Including parties—plaintiff in doubt about defendant etc
216. Including defendants—identical interest in relief unnecessary
217. Including parties inconveniently etc
218. Including parties—parties incorrectly included or not included
219. Counterclaim or set-off when co-plaintiff wrongly included
220. Court may include party if appropriate or necessary
221. Plaintiffs may be included or substituted
222. Inclusion or substitution as plaintiff requires agreement
223. Including parties—procedure
224. Including parties—inclusion to recover costs
Division 2.4.3--Changing parties
230. Removing parties
231. Party becomes bankrupt, dies or becomes person with mental
232. Amending or setting aside order for new party made on death etc of
233. Failure to proceed after death of party
Division 2.4.4--Included or changed parties—future conduct of proceedings
240. Application—div 2.4.4
241. Included or substituted defendant—filing and service of amended originating
242. Included or substituted parties—date proceeding taken to start
243. Included or substituted parties—effect of action previously taken in
244. Included or changed parties—other orders about future conduct of
Division 2.4.4A--Representation in proceedings for personal injuries
245. Separate representation of defendant for insurer's period on
Division 2.4.5--Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1
250. One proceeding for benefit of members of deceased person's
251. Orders in proceedings for compensation to relatives in death
Division 2.4.6--Representation—trustees and personal representatives
255. Application—div 2.4.6
256. Representation—by trustees and personal representatives
257. Representation—trustees and personal representatives must be parties
258. Representation—beneficiaries and claimants
259. Representation—proceeding about administration of deceased person's estate or trust
260. Representation—orders bind represented people in estate or trust proceeding
261. Representation—interests of deceased person's estate
Division 2.4.7--Representation—numerous concurrent interests
265. Application—div 2.4.7
266. Representation—numerous concurrent interests
267. Orders in div 2.4.7 proceeding bind represented people
Division 2.4.8--Multiple proceedings
270. Consolidation etc of proceedings
Division 2.4.9--People with a legal disability
275. Person with legal disability—litigation guardian to start proceeding
276. Who may be litigation guardian
277. Litigation guardian—liability for costs
278. Becoming a litigation guardian
279. Person with legal disability—effect of no notice of intention to respond or
280. Litigation guardian—appointment and removal by court
281. Litigation guardian—accounts
282. Person with legal disability—approval of settlement etc
Division 2.4.10--Partnerships
285. Meaning of partnership proceeding—div 2.4.10
286. Proceeding in partnership name
287. Disclosure of partners' names
Division 2.4.11--Business names
290. Proceeding in registered business name
291. Proceeding in business name if unregistered etc
292. Business names—amendment about parties
PART 2.5--THIRD-PARTY AND SIMILAR PROCEEDINGS
300. Purpose—pt 2.5
301. When a third-party proceeding starts
302. Third-party proceeding—when available
303. Third-party notice—content etc
304. Third-party notice—additional matters for claims for debt and liquidated
305. Third-party notice—statement of claim for certain personal injury
306. Third-party notice—filing
307. Third-party notice—sealing
308. Third-party notice—service
309. Third-party notice—effect of service on third party
310. Third-party notice—setting aside
311. Third-party notice—notice of intention to respond and defence
312. Service of pleadings after filing of third-party notice
313. Counterclaim by third party
314. Third-party notice—default by third party
315. Third parties—disclosure
316. Third-party notice—hearing
317. Third party—extent bound by judgment between plaintiff and
318. Third-party notice—judgment between defendant and third party
319. Notice claiming contribution or indemnity against another party
320. Notice claiming contribution or indemnity—filing and service
321. Contribution under Civil Law (Wrongs) Act, s 21
322. Third-party notice—fourth and subsequent parties
PART 2.6--PLEADINGS
Division 2.6.1--Application—pt 2.6
400. Application—pt 2.6
Division 2.6.2--Rules of pleading
405. Pleadings—formal requirements
406. Pleadings—statements in
407. Pleadings—matters to be specifically pleaded
408. Pleadings—money claims short form
409. Pleadings—certain facts need not be pleaded
410. Pleadings—technical objections
411. Pleadings—references to spoken words and documents
412. Pleadings—conditions precedent
413. Pleadings—matters arising after start of proceeding
414. Pleadings—inconsistent allegations etc
415. Pleadings—notice pleaded as a fact
416. Pleadings—implied contracts or relations
417. Pleadings—kind of damages etc
418. Pleadings—amount of unliquidated damages
419. Pleadings—other relief
Division 2.6.3--Pleadings—general
425. Pleadings—striking out
426. Pleadings—trial without
Division 2.6.4--Particulars
430. Pleadings—all necessary particulars must be included
431. Pleadings—use of ‘Scott schedule'
432. Pleadings—negligence and breach of statutory duty
433. Pleadings—how particulars must be given
434. Pleadings—application for better particulars
435. Pleadings—failure to comply with better particulars order
Division 2.6.5--Answering pleadings
440. Pleadings—answering
441. Pleadings—denials and non-admissions
442. Pleadings—defence to debt and liquidated demand claims
443. Pleadings—defence to personal injury claims
444. Pleadings—defence to proceeding on bill of exchange etc
445. Pleadings—denial of representative capacity or partnership constitution
446. Pleadings—denial of contract
447. Pleadings—allegations admitted unless denied etc
448. Pleadings—unreasonable denials and non-admissions
449. Pleadings—confession of defence
Division 2.6.6--Special defences
455. Pleadings—defence of tender
456. Pleadings—defence of set-off
Division 2.6.7--Counterclaims
460. Counterclaim—cause of action arising after start of proceeding
461. Counterclaim—against plaintiff
462. Counterclaim—against additional party
463. Counterclaim—abandonment of excess in Magistrates Court
464. Counterclaim—pleading
465. Counterclaim—plaintiff may rely on previous pleadings
466. Counterclaim—answer to
467. Counterclaim—defence arising after answer
468. Counterclaim—effect of no answer
469. Counterclaim—response to answer
470. Counterclaim—conduct and pleading
471. Counterclaim—order for separate hearing
472. Counterclaim—after judgment etc in original proceeding
473. Counterclaim—judgment for balance
474. Counterclaim—stay of claim
Division 2.6.8--Progress of pleading
480. Pleadings—reply to defence
481. Pleadings—after reply
482. Pleadings—joinder of issue
483. Pleadings—close
Division 2.6.9--Admissions
490. Admissions—voluntary admission
491. Admissions—notice to admit facts or documents
492. Admissions—withdrawal
493. Admissions—orders on
PART 2.7--AMENDMENT
500. Application—pt 2.7
501. Amendment—when must be made
502. Amendment—of documents
503. Amendment—after limitation period
504. Amendment—of originating process
505. Amendment—of pleadings before close of pleadings
506. Amendment—of pleadings disallowed
507. Amendment—of pleadings after close of pleadings
508. Amendment—when leave to amend ceases to have effect
509. Amendment—procedure
510. Amendment—person required to make
511. Amendment—service of amended or revised document etc
512. Amendment—pleading to
513. Amendment—costs
514. Amendment—taking effect
PART 2.8--DISCLOSURE
Division 2.8.1--Interpretation—pt 2.8
600. Definitions—pt 2.8
601. Meaning of privileged from production—pt 2.8
Division 2.8.2--Disclosure of documents
605. Discoverable documents
606. Orders about disclosure
607. Notice to disclose discoverable documents
608. List of discoverable and privileged documents etc
609. Claim for privilege—challenge etc
610. Claim for privilege—waiver
611. Continuing disclosure
Division 2.8.3--Production and inspection
620. Production of documents for inspection
621. Orders about production of documents for inspection
622. Effect of inspection of documents disclosed by another party
623. Production of documents at hearing of proceeding
Division 2.8.4--Interrogatories
630. Order for party to answer interrogatories
631. Objections to answer interrogatories
632. Orders about interrogatories
633. Answers to interrogatories
634. Answers to interrogatories—belief
635. Answers to interrogatories to be verified
636. Tendering of answers to interrogatories in evidence
Division 2.8.5--Who may verify list of documents or answers to interrogatories?
640. Answers by governments, corporations etc
641. Party cannot swear affidavit personally
Division 2.8.6--Preliminary discovery
650. Discovery to identify potential defendant
651. Discovery to identify right to claim relief
652. Order under div 2.8.6—privilege
653. Order under div 2.8.6—costs
Division 2.8.7--Non-party production
659. Application—div 2.8.7
660. Notice for non-party production—issue
661. Notice for non-party production—service
662. Notice for non-party production—inspection by other parties
663. Notice for non-party production—application to set aside
664. Notice for non-party production—privilege or objection
665. Notice for non-party production—failure to produce documents
666. Notice for non-party production—copying produced documents
667. Notice for non-party production—costs
Division 2.8.8--Discovery—other provisions
670. Contravention of pt 2.8 order—contempt of court
671. Contravention of pt 2.8 order—other action
672. Solicitor to notify party of certain matters about pt 2.8
673. Improper use of disclosed document
674. Failure to disclose document
675. Discovery by electronic means—practice notes
PART 2.9--PRESERVATION OF RIGHTS AND PROPERTY
Division 2.9.1--Interpretation—pt 2.9
700. Meaning of usual undertaking as to damages—pt 2.9
Division 2.9.2--Interim preservation, distribution and payment
705. Application—div 2.9.2
706. Urgent orders before start of proceeding
707. Interim distribution
708. Interim income
709. Payment before finding out everyone interested
Division 2.9.3--Inspection, detention, custody and preservation of property
715. Inspection, detention, custody and preservation of property—orders
716. Disposal of property other than land
717. Order for inspection, detention, custody or preservation affecting
718. Application for order for inspection, detention, custody or
719. Division 2.9.3—other jurisdiction of court not affected
Division 2.9.4--Injunctions and similar orders
Subdivision 2.9.4.1--Injunctions and similar orders—generally
725. Meaning of division 2.9.4 order
726. Definitions—div 2.9.4
727. Division 2.9.4—other jurisdiction of court not affected
728. Division 2.9.4 order—procedure
729. Division 2.9.4 order without notice etc
730. Division 2.9.4 order without trial
731. Division 2.9.4 order—expedited trial
732. Division 2.9.4 order—damages and undertaking as to damages
733. Division 2.9.4 order—other undertakings and security to perform
Subdivision 2.9.4.2--Freezing orders
740. Definitions—sdiv 2.9.4.2
741. Freezing orders—general
742. Ancillary orders
743. Freezing orders—order against enforcement debtor or prospective enforcement debtor
745. Freezing orders—costs
Subdivision 2.9.4.3--Search orders
750. Definitions—sdiv 2.9.4.3
751. Search orders—general
752. Search orders—requirements for making order
753. Search orders—terms of order
754. Search orders—independent solicitors
755. Search orders—costs
Division 2.9.5--Receivers
765. Application—div 2.9.5
766. Receiver—agreement to act as etc
767. Receiver—application for order appointing etc
768. Receiver—address for service
769. Receiver—security
770. Receiver—remuneration
771. Receiver—accounts
772. Receiver—default
773. Receiver—powers
774. Receiver—duty in relation to property
775. Receiver—liability
776. Receiver—death of
Division 2.9.6--Sales of land by court order
780. Meaning of land—div 2.9.6
781. Application—div 2.9.6
782. Sale of land—order
783. Sale of land—conduct of sale
784. Sale of land—certificate of sale result
785. Mortgage, exchange or partition
PART 2.10--OFFERS OF COMPROMISE
1000. Application—pt 2.10
1001. Definitions—pt 2.10
1002. Making offer
1003. Acceptance of offer
1004. Withdrawal of acceptance
1005. Failure to comply with accepted offer
1006. Disclosure of offer to court
1007. Compromises in certain Supreme Court proceedings
1008. Offer to contribute
1009. Offer accepted and no provision for costs
1010. Offer not accepted and judgment no less favourable to plaintiff
1011. Offer not accepted and judgment no more favourable to plaintiff
1012. Offer not accepted and judgment no less favourable to defendant
1013. Costs in relation to interest
1014. Miscellaneous
PART 2.11--RESOLVING PROCEEDINGS EARLY
Division 2.11.1--Uncontested debts and liquidated demands
1100. Meaning of prescribed costs amount—div 2.11.1
1101. Application—div 2.11.1
1102. Stay of debt etc proceeding on payment of amount sought
1103. Assessment of costs for stayed debt etc proceeding
1104. Judgment on acknowledgment of debt or liquidated demand
Division 2.11.2--Default by plaintiff
1110. Default by plaintiff—dismissal of proceeding
Division 2.11.3--Default by defendant
1115. Definitions—div 2.11.3
1116. Application—div 2.11.3
1117. When is a defendant in default—generally
1118. Default judgment—generally
1119. Default judgment—relevant affidavits
1120. Default judgment—debt or liquidated demand
1121. Default judgment for debt or liquidated demand—assessment of
1122. Default judgment—unliquidated damages
1123. Default judgment—detention of goods
1124. Default judgment—recovery of possession of land
1125. Default judgment—mixed claims
1126. Default judgment—other claims
1127. Default judgment—costs only
1128. Default judgment—setting aside etc
Division 2.11.4--Default by defendant—partial defence
1135. Definitions—div 2.11.4
1136. Application—div 2.11.4
1137. When is a defendant in default—partial defence
1138. Default judgment—partial defence
1139. Default judgment—application of div 2.11.3
Division 2.11.5--Summary judgment
1145. Application—div 2.11.5
1146. Summary judgment—for plaintiff
1147. Summary judgment—for defendant
1148. Claims not disposed of by summary disposal
1149. Evidence in summary judgment proceedings
1150. Summary judgment applications—filing and service
1151. Summary judgment applications—directions etc
1152. Summary judgment applications—costs
1153. Summary judgment—stay of enforcement
1154. Summary judgment—relief from forfeiture
1155. Summary judgment—setting aside
Division 2.11.6--Discontinuance and withdrawal
1160. Discontinuance or withdrawal by plaintiff
1161. Discontinuance or withdrawal of counterclaim by defendant
1162. Withdrawal of notice of intention to respond
1163. Costs of discontinuance or withdrawal
1164. Withdrawal of defence or further pleading
1165. Notice of discontinuance or withdrawal
1166. Discontinuance or withdrawal by party representing someone else etc
1167. Discontinuance or withdrawal—subsequent proceeding
1168. Consolidated proceedings and counterclaims
1169. Stay pending payment of costs
Division 2.11.7--Mediation and neutral evaluation
1175. Purpose—div 2.11.7
1176. Definitions—div 2.11.7
1177. Mediation—appointment of mediator
1178. Neutral evaluation—appointment of evaluator
1179. Mediation or neutral evaluation—referral by court
1180. Mediation or neutral evaluation—duty of parties to take part
1181. Mediation or neutral evaluation—costs
1182. Mediation or neutral evaluation—agreements and arrangements arising from
1183. Neutral evaluation—privilege
1184. Evaluators—secrecy
1185. Evaluators—protection from liability
PART 2.12--EXPERT EVIDENCE
Division 2.12.1--Expert evidence generally
1200. Purposes—pt 2.12
1201. Meaning of code of conduct—pt 2.12
1202. Meaning of expert, expert witness and expert
1203. Expert witnesses to agree to be bound by code of conduct
1204. Expert witness—immunity
1205. Court may give directions in relation to expert evidence
Division 2.12.2--Multiple expert witnesses for same issue
1210. Application—div 2.12.2
1211. Court may direct experts to meet etc
Division 2.12.3--Expert reports
1240. Application—div 2.12.3
1241. Service of expert reports
1242. Supplementary expert reports
1243. Expert evidence to be covered by expert report
1244. Expert reports admissible as evidence of opinion etc
1245. Requiring attendance of expert for cross-examination etc
1246. Tender of expert report
PART 2.13--PRE-TRIAL PROCEDURES
1301. Application—pt 2.13
1304. Statement of particulars before trial—personal injury claims
1305. Statement of particulars before trial—compensation to relatives in death
1311. Expedited trial
1312. Court book
1325. Listing hearing
1326. Special fixture
1327. Directions hearings and listing hearings—costs
PART 2.14--COURT SUPERVISION
Division 2.14.1--Directions
1400. Directions—application
1401. Directions generally
1402. Proceeding already being managed by court
1403. Decision in proceeding
1404. Failure to comply with direction etc
Division 2.14.1A--Transfer of proceedings between courts
1430. Transfer of proceeding from Supreme Court to Magistrates
1431. Transfer of proceeding from Supreme Court to Magistrates
1432. Transfer of proceeding from Magistrates Court to Supreme
1433. Transfer of proceeding from Magistrates Court to Supreme Court—stay of
Division 2.14.1B--Removal of applications from ACAT to Supreme Court
1440. Removal of applications from ACAT to Supreme
1441. Removal of applications from ACAT to Supreme Court—procedure
Division 2.14.2--Failure to comply with rules or order
1450. Effect of failure to comply with rules
1451. Application because of failure to comply with rules
1452. Failure to comply with order to take step
PART 2.15--TRIAL
Division 2.15.1--Interpretation—pt 2.15
1500. Meaning of question—pt 2.15
Division 2.15.2--Proceedings at trial
1505. Trial—defendant or plaintiff not appearing
1506. Trial—adjournment etc
1507. Trial—third-party proceeding
1508. Order of evidence and addresses
1509. View by court
1510. Associate etc to record hearing times
1511. Associate to enter findings etc
Division 2.15.3--Separate decisions on questions
1520. Application—div 2.15.3
1521. Separate decisions on questions—order
1522. Separate decisions on questions—directions
1523. Separate decisions on questions—decision
Division 2.15.4--Assessors and court-appointed referees
1530. Assessors
1531. Referee—referral of question etc
1532. Referee—appointment
1533. Referee—amendment of order referring question etc
1534. Referee—conduct under reference
1535. Referee—submission of question to court
1536. Referee—report
1537. Referee—proceeding on report
1538. Assessor and referee—remuneration
Division 2.15.5--Assessment of damages
1545. Application—div 2.15.5
1546. Assessment of damages
1547. Assessment of damages—use of affidavit evidence
1548. Partial judgment for damages to be assessed
1549. Damages to time of assessment
PART 2.16--JUDGMENTS AND OTHER ORDERS
1600. Orders—required by nature of case
1601. Judgment book
1602. Judgments—several claims
1603. Orders—set off between enforceable money orders
1604. Judgments—detention of goods
1605. Orders—making and effect
1605A. Orders—shortened form
1606. Orders—filing
1607. Orders—certified duplicate
1608. Orders—reasons
1609. Orders—reservation of decision
1610. Orders—time for compliance
1611. Orders—by consent
1612. Orders—by consent in proceeding
1613. Orders—setting aside etc
1614. Order dismissing proceeding—effect
1615. Orders—joint liability
1616. Payment into court—payment of amount paid into court under
1617. Payment into court—amount recovered by person with legal
1618. Person with legal disability—orders about recovered amounts
1618A. Person with mental disability—payment out to public trustee and
1619. Interest up to judgment
1620. Interest after judgment
1621. Judgment for interest only
1622. Interest after judgment—usual order as to interest
1623. Change in interest rates up to and after judgment
PART 2.17--COSTS
Division 2.17.1--Costs generally
1700. Definitions—pt 2.17
1701. Costs—general provisions
1702. Costs—agreement about costs
1703. Costs—order against non-party
1704. Costs—failure to comply with subpoena etc
1705. Costs—for issue or part of proceeding
1706. Costs—if unnecessary to continue proceeding
1707. Costs—proceeding removed to another court
1708. Costs—in account
Division 2.17.2--Entitlement to costs
1720. Costs—entitlement to recover
1721. Costs—general rule
1722. Costs—solicitors' costs generally
1723. Costs—relevant amount for Magistrates Court proceedings
1724. Solicitors' costs—separate judgments against defendants in Magistrates
1725. Solicitors' costs and determined fees—Supreme Court judgment within Magistrates Court
1726. Costs—amendment of documents
1727. Costs—party not interested in application
1728. Costs—for application reserved
1729. Costs—extending or shortening time
1730. Costs—inquiry to find person entitled to property
1731. Costs—assessment of receiver's costs
1732. Costs—trustee
1733. Costs—solicitor appointed litigation guardian
1734. Costs—assessment costs
1735. Costs—counsel's advice and settling documents
1736. Costs—evidence
1737. Costs—solicitor advocate
1738. Costs—retainer for counsel
1739. Costs—counsel's fees for applications
1740. Costs—fixed costs for winding-up application
1741. Costs—fixed costs for enforcement order
Division 2.17.3--Costs of party in proceeding
1750. Application—div 2.17.3
1751. Costs—assessed on party and party basis
1752. Costs—assessed on solicitor and client etc basis
1753. Costs—legal practitioner's delay etc
1754. Costs—disallowance of costs for vexatious document etc
Division 2.17.4--Costs—registrar's powers and discretion
1760. Costs—registrar's general powers
1761. Costs—registrar's discretion in assessing
Division 2.17.5--Procedure for assessing costs
1800. Costs—when bill of costs to be filed etc
1801. Costs—if costs out of fund bill to be sent to clients
1802. Costs—content of bill of costs
1803. Costs—failure to file and serve bill of costs
1804. Costs—payment of disbursements
1805. Costs—professional charges and disbursements
1806. Costs—amendment and withdrawal of bill of costs
1807. Costs—notice of objection to bill of costs
1808. Costs—assessment must be limited
1809. Costs—default assessment if no objection to bill of costs
1810. Costs—setting aside default assessment
1811. Costs—offer to settle
1812. Costs—acceptance of offer to settle
1813. Costs—rejection of offer to settle
1814. Costs—Calderbank offer to settle
Division 2.17.6--Procedure on costs assessment
1830. Costs—attendance of parties at assessment
1831. Costs—notice of adjournment of assessment
1832. Costs—delay before registrar etc
1833. Costs—set off of costs
1834. Costs—bill of costs reduced by 15% or more
1835. Costs—registrar's certificate of assessment
1836. Costs—interim certificates of assessment
Division 2.17.7--Reconsideration and review of costs assessment
1850. Application—div 2.17.7
1851. Costs—application for reconsideration
1852. Costs—procedure for reconsideration
1853. Costs—reply to objection on reconsideration
1854. Costs—reconsideration of registrar's assessment
1855. Costs—review by court
Division 2.17.8--Security for costs
1900. Security for costs—application and order
1901. Security for costs—when court may make order
1902. Security for costs—discretionary factors
1903. Security for costs—way security given
1904. Security for costs—effect of order
1905. Security for costs—setting aside or amending order
1906. Security for costs—finalising security
Division 2.17.9--Miscellaneous—pt 2.17
1920. Liquidator, guardian or manager—accounts
PART 2.18--ENFORCEMENT
Division 2.18.1--Enforcement—general
2000. Definitions—pt 2.18
2001. Enforcement orders generally
2002. Enforcement—enforcement application is application in original proceeding
2003. Enforcement—by or against non-party
2004. Enforcement—amount recoverable
2005. Enforcement—separate enforcement for costs
2006. Enforcement—order in partnership name
2007. Enforcement—against property of partnership
2008. Enforcement—against property of business
2009. Enforcement—enforcement of Supreme Court order in Magistrates Court
2010. Enforcement—enforcement of Magistrates Court order in Supreme Court
2010A. Enforcement—certificate of registration of enforceable order under Service and Execution of Process
2010B. Enforcement—assessment of costs for certificate of registration
2011. Enforcement—demand for compliance unnecessary
2012. Enforcement—when leave required
2013. Enforcement—stay
2014. Enforcement—conditional orders
2015. Enforcement—service of order and related information
Division 2.18.2--Enforcement orders—general
2050. Enforcement orders—content and issue
2051. Enforcement orders—application to set aside
2052. Enforcement orders—duration and renewal of certain enforcement orders given to
2053. Enforcement orders—return by enforcement officer
2054. Enforcement orders—priority
2055. Enforcement orders—payment under order
2056. Enforcement orders—orders about enforcement
2057. Enforcement orders—consecutive and concurrent orders
2058. Enforcement orders—deceased enforcement debtor
Division 2.18.3--Enforcement of money orders—enforcement hearings
2100. Enforcement hearing—application by enforcement creditor
2101. Enforcement hearing—otherwise than on enforcement creditor's
2102. Enforcement hearing—limit on number of applications
2103. Enforcement hearing—order for hearing etc
2104. Enforcement hearing—who may be directed to attend by enforcement hearing
2105. Enforcement hearing—service of enforcement hearing subpoena
2106. Enforcement hearing—statement of enforcement debtor's financial
2107. Enforcement hearing—subpoena to other person
2108. Enforcement hearing—meeting of parties
2109. Enforcement hearing—examination
2110. Enforcement hearing—enforcement hearing warrant issue
2111. Enforcement hearing—enforcement hearing warrant contents etc
2112. Enforcement hearing—orders
Division 2.18.4--Enforcement of money orders—instalment orders
2150. Instalment order—making
2151. Instalment order—application by enforcement debtor
2152. Instalment order—when application by enforcement debtor requires
2153. Instalment order—application by enforcement creditor
2154. Instalment order—relevant considerations
2155. Instalment order—stay of enforcement
2156. Instalment order—content and issue
2157. Instalment order—instalment order agreement
2158. Instalment order—service
2159. Instalment order—no other enforcement while in force
2160. Instalment order—amending, suspending or setting aside
2161. Instalment order—ceasing to have effect other than for
2162. Instalment order—ceasing to have effect for nonpayment
2163. Instalment order—record of payments
Division 2.18.5--Enforcement of money orders—seizure and sale orders
2200. Seizure and sale order—making
2201. Seizure and sale order—application
2202. Seizure and sale order—additional exempt property
2203. Seizure and sale order—entry, search and seizure powers if no
2204. Seizure and sale order—assistance to enforcement debtor
2205. Seizure and sale order—notice of order
2206. Seizure and sale order—notice of property seized
2207. Seizure and sale order—removal etc of seized property
2208. Seizure and sale order—application for instalment order stays sale of seized
2209. Seizure and sale order—property seized not abandoned
2210. Seizure and sale order—seizure of real property
2211. Seizure and sale order—enforcement debtor not to deal with real
2212. Seizure and sale order—order of seizing and selling property
2213. Seizure and sale order—payment before sale
2214. Seizure and sale order—suspension etc of enforcement
2215. Seizure and sale order—agreements to withdraw and re-enter
2216. Seizure and sale order—nature of sale
2217. Seizure and sale order—setting reasonable amount
2218. Seizure and sale order—additional provisions relating to land
2218A. Seizure and sale order—appointment of real estate agent
2219. Seizure and sale order—power of entry for auction of land
2220. Seizure and sale order—sale at best price obtainable
2221. Seizure and sale order—advertisement of sale
2222. Seizure and sale order—postponement of sale
2223. Seizure and sale order—amounts received
2224. Seizure and sale order—terms about payment
2225. Seizure and sale order—securities held by enforcement officer
2226. Seizure and sale order—personal property subject to conditional bill of
2227. Seizure and sale order—effect of sale of property
2228. Seizure and sale order—effect of ending of order on completion of sale
2229. Seizure and sale order—appropriation of payments towards order
2230. Seizure and sale order—documents giving effect to sale
2231. Seizure and sale order—payment to enforcement debtor
2232. Seizure and sale order—purchase by enforcement officer or auctioneer
2233. Seizure and sale order—account etc
2234. Seizure and sale order—report by enforcement officer
2235. Seizure and sale order—order for disposal and return of property to enforcement
Division 2.18.6--Enforcement of money orders—debt redirection orders generally
2300. Application—div 2.18.6
2301. Debt redirection order—making
2302. Debt redirection order—application
2303. Debt redirection order—relevant considerations
2304. Debt redirection order—joint funds
2305. Debt redirection order—partnership debts
2306. Debt redirection order—account with financial institution
2307. Debt redirection order—claim by someone else
2308. Debt redirection order—when debt redirected
2309. Debt redirection order—notice by third person to enforcement
2310. Debt redirection order—payments by third person
2311. Debt redirection order—third person disputes liability
2312. Debt redirection order—discharge of third person
2313. Debt redirection order—payment to enforcement debtor despite
2314. Debt redirection order—amending, suspending or setting
2315. Debt redirection order—procedure if order not complied
Division 2.18.7--Enforcement of money orders—regular redirections from financial institutions
2330. Application—div 2.18.7
2331. Regular redirection order—application of div 2.18.6
2332. Regular redirection order—making
2333. Regular redirection order—content
2334. Regular redirection order—service and coming into force
2335. Regular redirection order—financial institution to make payments
2336. Regular redirection order—enforcement debtor not to defeat
2337. Regular redirection order—no other enforcement while in force
2338. Regular redirection order—ceasing to have effect
2339. Regular redirection order—return of excess
2340. Regular redirection order—record of payments
Division 2.18.8--Enforcement of money orders—earnings redirection orders
2350. Earnings redirection order—making
2351. Earnings redirection order—application
2352. Earnings redirection order—relevant considerations
2353. Earnings redirection order—limit
2354. Earnings redirection order—information about enforcement debtor's
2355. Earnings redirection order—content
2356. Earnings redirection order—service and coming into force
2357. Earnings redirection order—person served not employer
2358. Earnings redirection order—employer to make payments etc
2359. Earnings redirection order—no other enforcement while in force
2360. Earnings redirection order—amending, suspending or setting
2361. Earnings redirection order—ceasing to have effect
2362. Earnings redirection order—return of excess
2363. Earnings redirection order—record of payments
2364. Earnings redirection order—2 or more orders in force
2365. Earnings redirection order—person served ceasing to be
2366. Earnings redirection order—enforcement debtor changes or ceases
2367. Earnings redirection order—directions
2368. Earnings redirection order—employment protection
2369. Earnings redirection order—procedure if order not complied
Division 2.18.9--Enforcement of money orders—charging orders
2400. Application—div 2.18.9
2401. Charging order—making
2402. Charging order—application
2403. Charging order—effect
2404. Charging order—enforcement debtor dealing with charged
2405. Charging order—issuer etc dealing with charged property
2406. Charging order—application to enforce charge
2407. Charging order—procedure against partnership property for partner's separate
Division 2.18.10--Enforcement of money orders—amounts in court and stop orders
2420. Enforcement orders—amounts in court
2421. Enforcement orders—stop orders
Division 2.18.11--Enforcement of money orders—receivers
2430. Application—div 2.18.11
2431. Receiver—appointment
2432. Receiver—application for appointment
2433. Receiver—relevant considerations for appointment
2434. Receiver—powers
2435. Receiver—general provisions apply
Division 2.18.12--Enforcement of non-money orders—general
2440. Enforcement—orders for possession of land
2441. Enforcement—orders for return of goods etc
2442. Enforcement—orders to do or not do an act
2443. Enforcement—undertakings
2444. Enforcement—failure of individual to comply with subpoena etc
2445. Enforcement—failure of corporation to comply with subpoena etc
2446. Enforcement by contempt or seizing and detaining
Division 2.18.13--Enforcement of non-money orders—orders for delivery of possession of land
2450. Application—div 2.18.13
2451. Order for delivery of possession of land—making
2452. Orders for delivery of possession of land—preconditions
Division 2.18.14--Enforcement of non-money orders—orders for seizure and delivery of goods
2460. Order for seizure and delivery of goods—making
Division 2.18.15--Enforcement of non-money orders—orders for seizure and detention of property
2470. Order for seizure and detention of property—making
2471. Order for seizure and detention of property—preconditions
2472. Order for seizure and detention of property—against officer of
2473. Order for seizure and detention of property—return of seized
Division 2.18.16--Enforcement—contempt
2500. Contempt—application of div 2.18.16
2501. Contempt—applications generally
2502. Contempt—application by registrar
2502A. Contempt of the Australian Crime Commission
2502B. Contempt of the ACT Integrity Commission
2503. Contempt—arrest warrant if respondent likely to abscond etc
2504. Contempt in face or hearing of court—alternative procedure
2505. Contempt—arrest warrant
2506. Contempt—punishment
2507. Contempt—costs
Division 2.18.17--Enforcement—arrest warrants for absconding defendants
2550. Application—div 2.18.17
2551. Meaning of plaintiff and defendant—div 2.18.17
2552. Arrest warrant for defendant—application
2553. Arrest warrant for defendant—issue
2554. Arrest warrant for defendant—enforcement
2555. Arrest warrant for defendant—costs of enforcement
2556. Arrest warrant for defendant—service of warrant and claim
2557. Arrest warrant for defendant—record of enforcement
2558. Arrest warrant for defendant—procedure after arrest
2559. Arrest warrant for defendant—release of defendant
2560. Arrest warrant for defendant—court powers
2561. Arrest warrant for defendant—failure to comply with
2562. Arrest warrant for defendant—review
2563. Arrest warrant for defendant—restriction on further
2564. Arrest warrant for defendant—costs
PART 2.19--INTERPLEADER PROCEEDINGS
Division 2.19.1--Stakeholder's interpleader
2600. Interpleader—application by stakeholder
Division 2.19.2--Enforcement officer's interpleader
2605. Interpleader—notice of claim to enforcement officer
2606. Interpleader—failure to give notice of claim
2607. Interpleader—notice to enforcement creditor
2608. Interpleader—admission of claim
2609. Interpleader—enforcement officer's interpleader application
2610. Interpleader—enforcement debtor's rights not affected
Division 2.19.3--Interpleader orders
2620. Interpleader—orders
2621. Interpleader—summary disposal of proceeding
2622. Interpleader—adverse claims
2623. Interpleader—default by claimant
2624. Interpleader—neutrality of applicant
2625. Interpleader order—2 or more proceedings
2626. Interpleader—trial
2627. Interpleader—disposal of amounts in court
PART 2.20--TRUSTS, ESTATES, ACCOUNTS AND INQUIRIES
Division 2.20.1--Trusts and estates generally
2700. Trusts and estates—decision without order for administration
2701. Trusts and estates—application not to affect powers
2702. Trusts and estates—conduct of sale
Division 2.20.2--Taking of accounts
2720. Meaning of accounting party—div 2.20.2
2721. Account—order for account
2722. Account—orders
2723. Accounts—service of order etc
2724. Accounts—form and verification
2725. Accounts—filing and service
2726. Accounts—challenging account
2727. Accounts—witness
2728. Accounts—allowances
2729. Accounts—delay
2730. Accounts—powers exercisable on taking account
2731. Accounts—class interests
2732. Accounts—reference to judicial officer
2733. Accounts—certificate about taking of account
2734. Accounts—further consideration
Division 2.20.3--Making of inquiries
2740. Inquiries—procedure for inquiries
2741. Inquiries—orders
Division 2.20.4--Executors, administrators and trustees—accounts and commission
2745. Definitions—div 2.20.4
2746. Estate and trust accounts—order requiring examination and passing of
2747. Estate and trust accounts—compliance with order for examination and passing of
2748. Estate and trust accounts—application for commission
2749. Estate and trust accounts—notice of filing of accounts etc
2750. Estate and trust accounts—appearance of beneficiary at
2751. Estate and trust accounts—examination
2752. Estate and trust accounts—conduct of examination
2753. Estate and trust accounts—application for passing accounts
2754. Estate and trust accounts—passing of accounts etc
2755. Estate and trust accounts—amended or further accounts
2756. Estate and trust accounts—renewal of objection in subsequent
2757. Estate and trust accounts—evidence in subsequent proceeding
2758. Estate and trust accounts—general practice to apply
2759. Estate and trust accounts—combined executors' and trustees'
2760. Trustees—allowance of commission in proceeding
PART 2.21--REPRESENTATION BY SOLICITORS
2800. Power to act by solicitor
2801. Appointment of solicitor
2802. Change between acting personally and acting by solicitor
2803. Change of solicitor
2804. Removal of solicitor by court
2805. Solicitor removed from roll etc
2806. Withdrawal as solicitor
2807. Leave to withdraw as solicitor
2808. Effect of removal of, or leave to withdraw as, solicitor
2809. Withdrawal of solicitor's agent
2810. Solicitor not to act for adverse parties
PART 2.22--MISCELLANEOUS--CH 2
2900. Declaratory order
2901. Copies of documents from registrar
2902. Searches of registers etc
2903. Inspection of registry files
CHAPTER 3--PARTICULAR CIVIL PROCEEDINGS
PART 3.1--ADMINISTRATION AND PROBATE
Division 3.1.1--Administration and probate—general
3000. Definitions—pt 3.1
3001. Terms used in Administration and Probate Act
3002. Application—pt 3.1
Division 3.1.2--Application for grant of representation
3005. Grant of representation—application
3006. Grant of representation—notice of intention to apply to be published online
3007. Grant of administration—notice of intention to apply to be served on
3008. Grant of administration—notice of intention of creditor to apply to be served on
3009. Grant of representation—when notice of intention to apply to be served on public
3010. Grant of representation—supporting affidavit for
3011. Grant of representation—affidavit of search
3012. Grant of representation—proof of identity and death
3013. Grant of representation—further evidence, documents and
3014. Grant of representation—no grant to executor etc who has
3015. Grant of representation—when hearing not required
Division 3.1.3--Application for reseal of foreign grant
3020. Reseal of foreign grant—application
3021. Reseal of foreign grant—notice of intention to apply to be published online
3022. Reseal of foreign grant—supporting affidavit for application
3023. Reseal of foreign grant—affidavit of search
3024. Reseal of foreign grant—when hearing required
Division 3.1.4--Validity and form of wills
3030. Grant of representation—evidence of proper attestation of
3031. Grant of representation—will by blind or illiterate person
3032. Grant of representation—alterations in will
3033. Grant of representation—documents mentioned in or attached to
3034. Grant of representation—evidence of proper execution of will
3035. Grant of representation—will inoperative or partly
Division 3.1.5--Administration bonds
3045. Administration bond—requirement for bond
3046. Administration bond—dispensing with bond
3047. Administration bond—affidavit of justification
3048. Administration bond—exempt surety
3049. Administration bond—addition or reduction after required but before
3050. Administration bond—addition or reduction after given
3051. Administration bond—proceeding on bond
3052. Administration bond—application by surety
3053. Administration bond—reseal of foreign grant
Division 3.1.6--Administration by public trustee and guardian
3055. Administration by public trustee and guardian—application
3056. Administration by public trustee and guardian—renunciation of probate by
3057. Administration by public trustee and guardian—renunciation of letters of administration
3058. Administration by public trustee and guardian—service of documents on public trustee and
Division 3.1.7--Caveats
3065. Definitions—div 3.1.7
3066. Caveat—filing
3067. Caveat—service
3068. Caveat—period of operation
3069. Caveat—setting aside
3070. Caveat—withdrawal if no pending proceeding for grant of representation etc
3071. Caveat—leave to withdraw
3072. Caveat—effect if filed on day of grant
Division 3.1.8--Revocation of grant
3080. Revocation of grant—urgent order before start of proceeding
3081. Revocation of grant—application
3082. Revocation of grant—orders
3083. Revocation of grant—return of original grant
Division 3.1.9--Other probate proceedings
3090. Definitions—div 3.1.9
3091. Application—div 3.1.9
3092. Division 3.1.9 proceeding—starting
3093. Division 3.1.9 proceeding—application for revocation
3094. Division 3.1.9 proceeding—affidavits
3095. Division 3.1.9 proceeding—affidavits of scripts
3096. Division 3.1.9 proceeding—directions for notice to people with beneficial
3097. Division 3.1.9 proceeding—notice of intention to intervene
3098. Division 3.1.9 proceeding—filing of grant of representation
Division 3.1.10--Administration and probate—other provisions
3110. Administration and probate—registrar may make inquiries
3111. Administration and probate—subpoenas
3112. Administration and probate—evidence about domicile
3113. Administration and probate—proof in solemn form
3114. Failure of executor to prove will—Administration and Probate Act, s
3115. Failure by executor, administrator or trustee to comply with beneficiary's request
3116. Grant of administration—grant to child
3117. Order about administration of real estate—Administration and Probate Act, s
3118. Assessment of costs—Administration and Probate Act, s 71
3119. Administration and probate book
3120. Proved wills to be kept by court
PART 3.2--ADOPTION
Division 3.2.1--Adoption—general
3150. Definitions—pt 3.2
3151. Terms used in Adoption Act
3152. Application—pt 3.2
Division 3.2.2--Adoption orders
3155. References to applicants—div 3.2.2
3156. Adoption order—application
3157. Adoption order—supporting affidavit for application for adoption of child or young
3157A. Adoption order—supporting affidavit for application for adoption of person 18 years
3158. Adoption order—documents accompanying application
3159. Adoption order—service of application on CYP director-general
3160. Adoption order—notice of intention to oppose
Division 3.2.3--Orders for dispensing with consent to adoption
3170. Dispensing order—application
3171. Dispensing order—service of application
3172. Dispensing order—notice of intention to oppose
Division 3.2.4--Amendment of adoption order
3180. Amendment order—application
3181. Amendment order—service of application
3182. Amendment order—notice of intention to oppose
Division 3.2.5--Discharge of interim orders and adoption orders
3190. Discharging order—application
3191. Discharging order—service of application
3192. Discharging order—notice of intention to oppose
Division 3.2.6--Access to identifying information
3200. Order for access to identifying information—application
3201. Order for access to identifying information—service of
3202. Order for access to identifying information—notice of intention to
Division 3.2.7--Adoption proceedings—general procedures
3210. Adoption proceedings—service of applications
3211. Adoption proceedings—service of documents containing identifying
PART 3.3--COMMERCIAL ARBITRATION
Division 3.3.1--Commercial arbitration—general
3250. Meaning of Commercial Arbitration Act—pt 3.3
3251. Terms used in Commercial Arbitration Act
3252. Commercial arbitration—application
3253. Commercial arbitration—leave to appeal under Commercial Arbitration Act, s
3255. Commercial arbitration—application under Commercial Arbitration Act, s
3256. Commercial arbitration—application for order under Commercial Arbitration Act, s 34
3257. Commercial arbitration—offers of compromise
3258. Commercial arbitration—examination of witnesses
3259. Commercial arbitration—decision to refuse to issue interim
3260. Commercial arbitration—application to enforce arbitral award
3261. Commercial arbitration—evidence of arbitral award for purposes of
3262. Commercial arbitration—endorsement and service of application for
Division 3.3.2--Commercial arbitration—payment into court
3263. Commercial arbitration—payment into court
3264. Payment into court—costs
3265. Payment into court—bond or security
3266. Payment into court—interest up to payment
3267. Payment into court—acceptance
3268. Payment into court—costs on acceptance by claimant
3269. Payment into court—payment out of remaining amount
3269A. Payment into court—nondisclosure
PART 3.4--CORPORATIONS ACT AND ASIC ACT
3270. Rules for proceedings under Corporations Act or ASIC Act
PART 3.5--CROSS-VESTING
3300. Definitions—pt 3.5
3301. Terms used in Cross-vesting Act
3302. Application—pt 3.5
3303. Cross-vesting—application for transfer or removal of proceedings
3304. Cross-vesting—application by Attorney-General
3305. Cross-vesting—removal of proceedings
3306. Cross-vesting—relying on jurisdiction under cross-vesting laws
3307. Cross-vesting—service
3308. Cross-vesting—directions
3309. Cross-vesting—procedure following transfer of proceeding from court
3310. Cross-vesting—procedure following transfer of proceeding to court
3311. Cross-vesting—application of another jurisdiction's written law
3312. Cross-vesting—application of another jurisdiction's rules of evidence and
PART 3.6--ELECTORAL MATTERS
Division 3.6.1--Electoral matters—general
3350. Definitions—pt 3.6
3351. Terms used in Electoral Act
3352. Application—pt 3.6
3353. Election application etc originating application
Division 3.6.2--Disputed elections
3355. Disputed election—deposit as security for costs
3356. Disputed election—public notice of election application
3357. Disputed election—parties to proceeding
3358. Disputed election—public notice of intention to make application for leave to
3359. Disputed election—particulars of contested ballot papers
3360. Disputed election—countercharges
3361. Disputed election—time of trial etc
3362. Disputed election—substitution of plaintiff
3363. Disputed election—withdrawal of defendant
3364. Disputed election—substitution of defendant
Division 3.6.3--Questions referred by Legislative Assembly
3400. Question referred—parties to proceeding
Division 3.6.4--Electoral matters—general procedure
3405. Electoral matters—better particulars
PART 3.7--FOREIGN AND INTERSTATE CONFISCATION ORDERS--REGISTRATION
Division 3.7.1--Foreign confiscation orders—registration
3450. Definitions—div 3.7.1
3451. Application—div 3.7.1
3452. Foreign confiscation orders—register
3453. Foreign confiscation orders—registration
3454. Foreign confiscation orders—proceedings for registration
3455. Foreign confiscation orders—when registration cancelled
Division 3.7.2--Interstate confiscation orders—registration
3460. Definitions—div 3.7.2
3461. Interstate confiscation orders—register
3462. Interstate confiscation orders—registration
3463. Interstate confiscation orders—proceedings for registration
3464. Interstate confiscation orders—when registration cancelled
3465. Interstate confiscation orders—filing of amendments etc
PART 3.8--FOREIGN JUDGMENTS--RECIPROCAL ENFORCEMENT
3470. Definitions—pt 3.8
3471. Terms used in Foreign Judgments Act
3472. Application—pt 3.8
3473. Foreign judgment—application for registration
3474. Foreign judgment—evidence in support of application for
3475. Foreign judgment—security for costs of application for
3476. Foreign judgment—order for registration
3477. Foreign judgment—register
3478. Foreign judgment—registration
3479. Foreign judgment—notice of registration
3480. Notice of registration—affidavit of service to be filed
3481. Registration of judgment—application to set aside
3482. Foreign judgment—enforcement
3483. Australian judgment—certificate for foreign registration
PART 3.9--HABEAS CORPUS
3500. Definitions—pt 3.9
3501. Application—pt 3.9
3502. Habeas corpus—writs of habeas corpus abolished
3503. Habeas corpus—order instead of writ of habeas corpus
3504. Habeas corpus—application and service
3505. Habeas corpus—parties
3506. Habeas corpus—procedure on application etc
3507. Habeas corpus—return of order
PART 3.10--JUDICIAL REVIEW
3550. Definitions—pt 3.10
3551. Terms defined in Judicial Review Act
3552. Application—pt 3.10
3553. Judicial review—prerogative writs etc abolished
3554. Judicial review—relief previously granted by prerogative writ
3555. Judicial review—other jurisdiction not excluded
3556. Judicial review—application etc
3557. Judicial review—time for starting proceeding
3558. Judicial review—declaration or injunction
3559. Judicial review—other prerogative relief etc
3560. Judicial review—additional orders
3561. Judicial review—application for statutory order of review and prerogative relief
3562. Judicial review—relief based on application for prerogative relief etc if
3563. Judicial review—filing and serving statements
3564. Judicial review—stay or dismissal of application for statutory order of review on
3565. Judicial review—directions on return date
3566. Judicial review—power of the court to stay or dismiss applications in certain
3567. Judicial review—additional requirements for certiorari order
3568. Judicial review—no proceeding in relation to things done under mandamus
3569. Judicial review—disclaimer in relation to quo warranto order
3570. Judicial review—proceeding in relation to statement of reasons
PART 3.11--LEGAL PROFESSION
Division 3.11.1--Legal profession—general
3600. Definitions—pt 3.11
3601. Terms used in Legal Profession Act
3602. Application—pt 3.11
Division 3.11.2--Admission of local lawyers
Subdivision 3.11.2.1--Academic qualifications
3605. Admission—approved academic qualifications—Legal Profession Act, s 21
Subdivision 3.11.2.2--Approval of academic institutions
3606. Approved academic institutions
3607. Monitoring and review
Subdivision 3.11.2.3--Approval of course of study
3607A. Approval of course of study
3607B. Approval of subjects
3607C. Changes to approved courses of study
Subdivision 3.11.2.4--Practical legal training
3607D. Practical legal training
3607DA. Early commencement of practical legal training
Subdivision 3.11.2.5--Practical legal training providers and courses
3607E. Approval of PLT providers
3607F. Monitoring and review of approved PLT provider
3607G. Approval of training course
3607H. Changes to approved courses of study
Subdivision 3.11.2.6--Admission—application and related matters
3608. Admission—application for admission
3609. Admission—when application must be made
3609A. Request for absentee admission
3610. Admission—compliance certificate (Legal Profession Act, s 30 (2))
3611. Admission—objection by bar council or law society council
3612. Admission—appearance by bar council or law society council
3613. Admission—applicant's duty of frankness
3614. Admission—oath or affirmation
3614A. Admission—absentee admission
3615. Admission—entry on local roll
Division 3.11.3--Assessment of client costs
3620. Application—div 3.11.3
3621. Form of application
3622. Application for leave to apply out of time
3623. Directions
3624. Response to application
3625. Notice of objections to legal costs
PART 3.12--FAMILY VIOLENCE AND PERSONAL VIOLENCE PROCEEDINGS
Division 3.12.1--Family violence and personal violence proceedings—general
3800. Terms used in Family Violence Act and Personal Violence Act
3801. Application—pt 3.12
3802. Rules in ch 2 disapplied
3803. Other disapplied rules
3804. Correction of name of respondent
PART 3.13--WORKERS COMPENSATION
Division 3.13.1--Workers compensation proceedings—general
3900. Definitions—pt 3.13
3901. Terms used in Workers Compensation Act
3902. Application—pt 3.13
3903. Workers compensation proceedings—application of ch 2 generally
Division 3.13.2--Workers compensation—applications for arbitration
3904. Application for arbitration—Commercial Arbitration Act not apply
3905. Application for arbitration—by worker
3906. Application for arbitration—by dependant or estate of deceased
3907. Application for arbitration—by employer or insurer
3909. Application for arbitration—injury notice and medical evidence
3910. Application for arbitration—copies
3911. Application for arbitration—service on respondent
3912. Application for arbitration—service on insurer
3913. Application for arbitration—answer by respondent or third-party
3914. Application for arbitration—liability and particulars subject to answer
3915. Application for arbitration—service of answer
3916. Application for arbitration—amendment
3917. Application for arbitration—minor amendment or amendment by
3918. Application for arbitration—discontinuance
Division 3.13.3--Workers compensation—parties for arbitration
3919. Arbitration—necessary parties
3919A. Arbitration—determination of Territory or State of connection
3920. Arbitration—including other parties
3921. Arbitration—person may apply to be included as party
3922. Arbitration—party may apply to be removed as party
3923. Arbitration—employer not respondent in certain applications by dependant or personal representative
Division 3.13.4--Workers compensation—representation in arbitrations
3924. Arbitration—party may be represented
3925. Arbitration—separate representation of employer for insurer's period on
Division 3.13.6--Workers compensation—medical reports for arbitrations
3928. Arbitration—service of medical reports
3929. Arbitration—supplementary medical reports
3930. Arbitration—doctor's evidence to be covered by medical report
3931. Arbitration—medical reports admissible as evidence of opinion etc
3932. Arbitration—requiring attendance of doctor for cross-examination etc
3933. Arbitration—tender of medical report
Division 3.13.7--Workers compensation—medical referees for arbitrations
3934. Arbitration—party may apply for medical referee etc
3935. Arbitration—number of medical referees
3936. Arbitration—notice of request to medical referee
3937. Arbitration—assessment of worker by medical referee
3938. Arbitration—medical referee to review medical evidence etc
3939. Arbitration—medical referee's report
3940. Arbitration—medical referee's report to be given to parties
3941. Arbitration—court may decide claim without medical referee report
Division 3.13.8--Workers compensation—dispute resolution conference for arbitration
3942. Meaning of dispute resolution conference—div 3.13.8
3943. Dispute resolution conference—purpose
3944. Conciliator for dispute resolution conference—div 3.13.8
3945. Dispute resolution conference—listings etc
3946. Dispute resolution conference—requirement to attend
3947. Dispute resolution conference—time
3948. Dispute resolution conference—information to be provided before
3948A. Dispute resolution conference—confidentiality
3948B. Dispute resolution conference—settlement must be in writing
3948C. Dispute resolution conference—court orders on outcome of
Division 3.13.9--Workers compensation—conduct of arbitration
3949. Conduct of arbitration—date
3950. Conduct of arbitration—burden of proof on party asserting fact
3951. Conduct of arbitration—directions about third-party respondents
3952. Conduct of arbitration—directions and orders if remedy against employer and
3953. Conduct of arbitration—directions generally
Division 3.13.10--Workers compensation—submission to award and payments into court
3954. Arbitration—payment into court generally
3955. Arbitration—admission of liability to claim by worker
3956. Arbitration—admission of liability to claim for deceased worker
3957. Arbitration—denial and submission to award or payment by employer
3958. Arbitration—acceptance of payment by worker
3959. Arbitration—acceptance of payment for deceased worker
3960. Arbitration—payment on worker's acceptance
3961. Arbitration—payment on dependant's etc acceptance
3962. Arbitration—no prompt acceptance of submission or payment
3963. Arbitration—award not greater than submission or payment
Division 3.13.11--Workers compensation—awards
3964. Arbitration—award
3965. Arbitration—setting aside or amending award
Division 3.13.12--Workers compensation—registered agreements
3966. Registered agreement—application for registration
3967. Registered agreement—application for amendment or cancellation
Division 3.13.13--Workers compensation—costs
3968. Workers compensation costs—generally
3969. Workers compensation costs—claim against arbitration award
Division 3.13.14--Workers compensation—appeals
3970. Appeal—order of Supreme Court
CHAPTER 4--CRIMINAL PROCEEDINGS
PART 4.1--CRIMINAL PROCEEDINGS--GENERAL
Division 4.1.1A--Criminal proceedings—representation
4000A. Definitions—div 4.1.1A
4000B. Criminal proceedings—notice of solicitor acting
4000C. Criminal proceedings—solicitor's instructions to act for accused person
4000D. Criminal proceedings—withdrawal of solicitor
4000E. Criminal proceedings—removal of solicitor by court
4000F. Criminal proceedings—solicitor removed from roll etc
4000G. Criminal proceedings—handing over depositions
Division 4.1.1--Criminal proceedings—application of ch 2
4000. Criminal proceedings—application of expert witness code of
Division 4.1.2--Criminal proceedings—service
4005. Meaning of accused person for div 4.1.2—bail
4006. Criminal proceedings—application of pt 6.8
4007. Criminal proceedings—service on accused person by filing if no address for
4008. Criminal proceedings—service if no-one found at accused person's address for
4009. Criminal proceedings—service of documents when unrepresented accused person in
Division 4.1.3--Criminal proceedings—enforcement
4020. Criminal proceedings—failure of individual to comply with subpoena
4021. Criminal proceedings—failure of corporation to comply with subpoena
Division 4.1.4--Criminal proceedings—other provisions
4050. Criminal proceedings—production of person in custody
4051. Criminal proceedings—defence response to prosecutor's opening
4052. Criminal proceedings—execution of documents
4053. Criminal proceedings—inspection of registry files
4054. Criminal proceedings—certificate of conviction
4055. Criminal proceedings—preparation of judgments
PART 4.2--MAGISTRATES COURT CRIMINAL PROCEEDINGS
Division 4.2.1--Magistrates Court criminal proceedings—preliminary
4300. Definitions—pt 4.2
4301. Application—pt 4.2
Division 4.2.1AA--Magistrates Court criminal proceedings—first appearance
4302. When not necessary for court to read charges to defendant
4303. Represented defendant may enter plea or consent to summary disposal of
Division 4.2.1A--Magistrates Court criminal proceedings—prosecution evidence in committal proceedings
4305. Prosecution evidence to be given to accused etc—Magistrates Court Act, s
Division 4.2.2--Magistrates Court criminal proceedings—setting aside orders
4310. Magistrates Court order made in absence of party may be set
4311. Magistrates Court order made in absence of defendant may be set aside—summons for
4312. Magistrates Court order made in absence of party may be set aside—other
4313. Magistrates Court conviction made in absence of party set aside—warrant may be set
4314. Magistrates Court conviction made in absence of party set
4315. Magistrates Court order made in absence of party may be set aside—application by
Division 4.2.3--Magistrates Court criminal proceedings—witnesses
4330. Magistrates Court witness—informant may request attendance
4331. Magistrates Court witness—expenses
PART 4.3--SUPREME COURT CRIMINAL PROCEEDINGS
Division 4.3.1--Supreme Court criminal proceedings—preliminary
4700. Definitions—pt 4.3
4701. Application—pt 4.3
Division 4.3.3--Supreme Court criminal proceedings—bail
4720. Meaning of accused person—div 4.3.3
4721. Supreme Court bail application in relation to accused person
4722. Supreme Court bail application by informant
4723. Supreme Court application for bail by unrepresented accused person
4724. Prosecution application for review of bail decision
Division 4.3.4--Supreme Court criminal proceedings—pre-trial procedure
4730. Application—div 4.3.4
4731. Supreme Court criminal proceedings—appearance of accused
4732. Supreme Court criminal proceedings—appearance when committed for
4733. Supreme Court criminal proceedings—appearance when committed for
4734. Supreme Court criminal proceedings—pre-trial questionnaire
4735. Supreme Court criminal proceedings—completion of pre-trial
4735A. Supreme Court criminal proceedings—registrar's directions
4736. Supreme Court criminal proceedings—arraignment
4738. Supreme Court criminal proceedings—directions
Division 4.3.5--Supreme Court criminal proceedings—pre-trial applications
4750. Supreme Court criminal proceedings—application to set aside or stay
4751. Supreme Court criminal proceedings—application for separate
4752. Supreme Court criminal proceedings—other pre-trial
4753. Supreme Court criminal proceedings—applications under r 4750, r 4751 and r
PART 4.4--FORENSIC PROCEEDINGS
Division 4.4.1--Forensic proceedings—preliminary
4800. Definitions—pt 4.4
4801. Forensic proceedings—application of applied civil rules
4802. Forensic proceedings—application of applied criminal rules
Division 4.4.2--Forensic proceedings under the Act, pt 2.5 and the Crimes Act, pt 1D, div 5
4803. Application—div 4.4.2
4804. Forensic proceedings—filing of application
4805. Forensic proceedings—personal service
Division 4.4.3--Forensic proceedings under the Act, pt 2.7 and the Crimes Act, pt 1D, div 6A
4806. Application—div 4.4.3
4807. Forensic proceedings—application and service
Division 4.4.4--Forensic proceedings—general
4808. Forensic proceedings—application not served in time
4809. Forensic proceedings—filing and service of supporting
4810. Forensic proceedings—costs
CHAPTER 5--APPELLATE PROCEEDINGS
PART 5.1--APPELLATE PROCEEDINGS--PRELIMINARY
5000. Definitions—ch 5
5001. Appellate proceedings—application of ch 2 generally
PART 5.2--APPEALS FROM REGISTRAR
5010. Definitions—pt 5.2
5011. Application—pt 5.2
5012. Appeals from registrar—starting appeal
5013. Appeals from registrar—requirements for notice of appeal
5014. Appeals from registrar—time for filing notice of appeal
5015. Appeals from registrar—notice of appeal to be sealed
5016. Appeals from registrar—serving notice of appeal
5017. Appeals from registrar—stay and reinstatement
PART 5.3--APPEALS TO SUPREME COURT
Division 5.3.1--Appeals to Supreme Court—preliminary
5050. Definitions—pt 5.3
5051. Application—pt 5.3
5052. Appeals to Supreme Court—general powers
5053. Appeals to Supreme Court—non-publication order
5054. Appeals to Supreme Court—stay and reinstatement
5055. Appeals to Supreme Court—security for costs
Division 5.3.2--Appeals to Supreme Court—leave to appeal
5070. Application—div 5.3.2
5071. Appeals to Supreme Court—application for leave to appeal
5072. Appeals to Supreme Court—time for filing application for leave to
5073. Appeals to Supreme Court—application for leave to appeal to be
5074. Appeals to Supreme Court—serving application for leave to
5075. Appeals to Supreme Court—notice of intention to respond to application for leave
5076. Appeals to Supreme Court—time for filing etc respondent's affidavits for
Division 5.3.3--Appeals to Supreme Court—leave to appeal out of time
5080. Meaning of out of time—div 5.3.3
5081. Application—div 5.3.3
5082. Appeals to Supreme Court—application for leave to appeal out of
5083. Appeals to Supreme Court—filing application for leave to appeal out of
5084. Appeals to Supreme Court—application for leave to appeal out of time to be
5085. Appeals to Supreme Court—serving application for leave to appeal out of
5086. Appeals to Supreme Court—notice of intention to respond to application for leave
5087. Appeals to Supreme Court—time for filing etc respondent's affidavits for
Division 5.3.4--Appeals to Supreme Court—procedure generally
5100. Appeals to Supreme Court—starting appeal
5101. Appeals to Supreme Court—requirements for notice of appeal
5102. Appeals to Supreme Court—parties to appeal
5103. Appeals to Supreme Court—time for filing notice of appeal
5104. Appeals to Supreme Court—notice of appeal to be sealed
5105. Appeals to Supreme Court—numbering etc of appeals
5106. Appeals to Supreme Court—date for settlement of appeal papers
5107. Appeals to Supreme Court—serving notice of appeal
5108. Appeals to Supreme Court—notice of intention to respond
5109. Appeals to Supreme Court—respondent taken to be served by filing notice of
5110. Appeals to Supreme Court—documents
5111. Appeals to Supreme Court—amending notice of appeal
5112. Appeals to Supreme Court—cross-appeal
5113. Appeals to Supreme Court—application of certain rules to
5114. Appeals to Supreme Court—effect of failure to give notice of
5115. Appeals to Supreme Court—notice of contention
Division 5.3.5--Appeals to Supreme Court—appeal papers and hearing
5130. Appeals to Supreme Court—draft index of appeal papers
5131. Appeals to Supreme Court—settlement of appeal papers
5132. Appeals to Supreme Court—content of appeal papers
5133. Appeals to Supreme Court—presentation of appeal papers
5134. Appeals to Supreme Court—filing and serving appeal papers
5135. Appeals to Supreme Court—setting appeal for hearing
5136. Appeals to Supreme Court—changing appeal hearing date
5137. Appeals to Supreme Court—written summary and list for appeal
5138. Appeals to Supreme Court—summaries of arguments
5139. Appeals to Supreme Court—list of authorities, legislation and
5140. Appeals to Supreme Court—absence of party
5141. Appeals to Supreme Court—insufficient material
Division 5.3.6--Appeals to Supreme Court—ending all or part of appeal
5170. Appeals to Supreme Court—abandonment of ground of appeal
5171. Appeals to Supreme Court—discontinuance of appeal
5172. Appeals to Supreme Court—competency of appeal
5173. Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as
5174. Appeals to Supreme Court—dismissal by consent
5175. Appeals to Supreme Court—consent orders
Division 5.3.7--Appeals to Supreme Court—miscellaneous
5190. Appeals to Supreme Court—directions about appeal etc
5191. Appeals to Supreme Court—want of prosecution of appeal
5192. Appeals to Supreme Court—matter happening in court or tribunal appealed
5193. Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s
5194. Appeals to Supreme Court—keeping exhibits
PART 5.4--APPEALS TO COURT OF APPEAL
Division 5.4.1--Appeals to Court of Appeal—preliminary
5300A. Definitions—pt 5.4
5300. Meaning of court—pt 5.4
5301. Appeals to Court of Appeal—stay and reinstatement
5302. Appeals to Court of Appeal—security for costs
Division 5.4.2--Appeals to Court of Appeal—leave to appeal from interlocutory orders
5310. Application—div 5.4.2
5311. Appeals to Court of Appeal—application for leave to appeal
5312. Appeals to Court of Appeal—time for filing application for leave to
5313. Appeals to Court of Appeal—application for leave to appeal to be
5314. Appeals to Court of Appeal—serving application for leave to
5315. Appeals to Court of Appeal—response to application for leave to
Division 5.4.3--Appeals to Court of Appeal—leave to appeal out of time from final judgments
5330. Definitions—div 5.4.3
5331. Application—div 5.4.3
5332. Appeals to Court of Appeal—application for leave to appeal out of
5333. Appeals to Court of Appeal—filing application for leave to appeal out of
5334. Appeals to Court of Appeal—application for leave to appeal out of time to be
5335. Appeals to Court of Appeal—serving application for leave to appeal out of
5336. Appeals to Court of Appeal—response to application for leave to appeal out of
Division 5.4.4--Appeals to Court of Appeal—procedure generally
5400. Definitions—divs 5.4.4 to 5.4.6
5400A. Meaning of case summary—div 5.4.4
5401. Application—divs 5.4.4 to 5.4.6
5402. Appeals to Court of Appeal—starting appeal
5403. Appeals to Court of Appeal—requirements for notice of appeal
5404. Appeals to Court of Appeal—parties to appeal
5405. Appeals to Court of Appeal—time for filing notice of appeal and case
5406. Appeals to Court of Appeal—notice of appeal to be sealed
5407. Appeals to Court of Appeal——numbering etc of appeals
5408. Appeals to Court of Appeal—date for settlement of appeal
5409. Appeals to Court of Appeal—serving notice of appeal and case
5410. Appeals to Court of Appeal—notice of intention to respond
5411. Appeals to Court of Appeal—respondent taken to be served by filing notice of
5412. Appeals to Court of Appeal—amending notice of appeal
5413. Appeals to Court of Appeal—cross-appeal
5414. Appeals to Court of Appeal—application of certain rules to
5415. Appeals to Court of Appeal—effect of failure to give notice of
5416. Appeals to Court of Appeal—notice of contention
Division 5.4.5--Appeals to Court of Appeal—appeal papers and hearing
5432. Appeals to Court of Appeal—settlement of appeal papers
5436. Appeals to Court of Appeal—setting appeal for hearing
5437. Appeals to Court of Appeal—changing appeal hearing date
5441. Appeals to Court of Appeal—absence of party
5442. Appeals to Court of Appeal—insufficient material
Division 5.4.6--Appeals to Court of Appeal—ending all or part of appeal
5470. Appeals to Court of Appeal—abandonment of ground of appeal
5471. Appeals to Court of Appeal—discontinuance of appeal
5472. Appeals to Court of Appeal—competency of appeal
5473. Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out
5474. Appeals to Court of Appeal—dismissal by consent
5475. Appeals to Court of Appeal—consent orders
Division 5.4.7--Appeals to Court of Appeal—convictions and sentences
Subdivision 5.4.7.1--Appeals to Court of Appeal—convictions and sentences
preliminary
5500. Definitions—div 5.4.7
Subdivision 5.4.7.2--Appeals to Court of Appeal—leave to appeal out of time by
convicted person
5505. Application—sdiv 5.4.7.2
5506. Appeals to Court of Appeal—application for leave to appeal out of time against
5507. Appeals to Court of Appeal—application for leave to appeal out of time against
5508. Appeals to Court of Appeal—serving application for leave to appeal out of time
5509. Appeals to Court of Appeal—response by DPP to application for leave to appeal out
5510. Appeals to Court of Appeal—registrar's decision on application for leave to
Subdivision 5.4.7.3--Appeals to Court of Appeal—leave to appeal out of time by
DPP
5520. Application of div 5.4.3 to certain appeals by DPP
Subdivision 5.4.7.4--Appeals to Court of Appeal—convictions and sentences
generally
5530. Appeals to Court of Appeal—treating application for leave to appeal out of time
5531. Appeals to Court of Appeal—grounds of appeal against conviction or
5532. Appeals to Court of Appeal—trial judge's report for appeal against
5533. Appeals to Court of Appeal—service if convicted person in custody and
5534. Appeals to Court of Appeal—written case and presence if convicted person
5535. Appeals to Court of Appeal—order for production of offender
5536. Appeals to Court of Appeal—fine paid to be kept pending
5537. Appeals to Court of Appeal—solicitor's instructions to act for convicted
5538. Appeals to Court of Appeal—solicitor wants to withdraw from acting for convicted
5539. Appeals to Court of Appeal—notification of result of appeal against conviction
Division 5.4.8--Appeals to Court of Appeal—miscellaneous
5600. Appeals to Court of Appeal—power to amend proceedings in court
5601. Appeals to Court of Appeal—expediting appeals etc
5602. Appeals to Court of Appeal—directions about appeal etc
5603. Appeals to Court of Appeal—want of prosecution of appeal
5604. When Court of Appeal may be constituted by single judge—Supreme Court Act 1933,
5605. Jurisdiction of Court of Appeal that may be exercised by single judge—Supreme Court Act
5606. Appeals to Court of Appeal—further evidence on appeal
5607. Appeals to Court of Appeal—keeping exhibits
PART 5.5--ORDERS TO REVIEW MAGISTRATES COURT DECISIONS
5700. Meaning of review order—pt 5.5
5701. Review orders—application for order
5702. Review orders—affidavits
5703. Review orders—service of applications
5704. Review orders—parties
5705. Review orders—service of review order
5706. Review orders—notice of intention to respond to review order
5707. Review orders—security for costs
5708. Review orders—stay
5709. Review orders—non-appearance of applicant
5710. Review orders—application to revoke review order
PART 5.6--REFERENCE APPEALS
Division 5.6.1--Reference appeals—Supreme Court
5750. Definitions—div 5.6.1
5751. Reference appeals to Supreme Court—application for reference
5752. Reference appeals to Supreme Court—service of application etc for reference
5753. Reference appeals to Supreme Court—notice of intention to respond by interested
5754. Reference appeals to Supreme Court—discontinuance of reference
5755. Reference appeals to Supreme Court—application of certain rules to reference
Division 5.6.2--Reference appeals—Court of Appeal
5770. Definitions—div 5.6.2
5771. Reference appeals to Court of Appeal—application for reference
5772. Reference appeals to Court of Appeal—service of application etc for reference
5773. Reference appeals to Court of Appeal—notice of intention to respond by interested
5774. Reference appeals to Court of Appeal—discontinuance of reference
5775. Reference appeals to Court of Appeal—application of certain rules to reference
PART 5.7--SPECIAL CASES
Division 5.7.1--Questions referred—Supreme Court
5800. Application—div 5.7.1
5801. Definitions—div 5.7.1
5802. Question referred to Supreme Court—form
5803. Special case to Supreme Court—preparation and settling
5804. Special case to Supreme Court—person with legal disability
5805. Special case to Supreme Court—directions hearing
5806. Special case to Supreme Court—setting down for hearing
5807. Special case to Supreme Court—insufficient statement of case
5808. Special case to Supreme Court—court can draw inferences
5809. Special case to Supreme Court—agreement about damages and
Division 5.7.2--Questions referred—Court of Appeal
5830. Application—div 5.7.2
5831. Definitions—div 5.7.2
5832. Question referred to Court of Appeal—form
5833. Special case to Court of Appeal—preparation and settling
5834. Special case to Court of Appeal—setting down for hearing
5835. Special case to Court of Appeal—court can draw inferences
5836. Special case to Court of Appeal—agreement about damages and
PART 5.8--WRITTEN CASES
5850. Definitions—pt 5.8
5851. Application of pt 5.8 to div 5.6.1 etc
5852. Written cases—when used
5853. Written cases—appellant wants written case
5854. Written cases—respondent wants written case
5855. Written cases—filing etc written case for application
5856. Written cases—filing etc written case for appeal
5857. Written cases—form
5858. Written cases—inspection
CHAPTER 6--GENERAL RULES FOR ALL PROCEEDINGS
PART 6.1--INTRODUCTORY PROVISIONS--CH 6
6000. Application—ch 6
PART 6.2--APPLICATIONS IN PROCEEDINGS
6005. Definitions—pt 6.2
6006. Application—pt 6.2
6007. Application in proceeding—contents
6008. Application in proceeding—filing and service
6009. Application in proceeding—filing and service of supporting
6010. Application in proceeding—absence of party
6011. Application in proceeding—dismissal or adjournment if application not served
6012. Application in proceeding—adjournment generally
6013. Application in proceeding—orders by consent without attendance
6014. Application in proceeding—further hearing
6015. Application in proceeding—application under r 40
6016. Application in proceeding—oral application
PART 6.2A--HUMAN RIGHTS PROCEEDINGS
Division 6.2A--.1 Preliminary
6020. Terms used in Human Rights Act 2004
6021. Application—pt 6.2A
Division 6.2A--.1A Pleadings and originating processes
6022. Contents of pleadings or originating processes
Division 6.2A--.2 Notice to Attorney-General and commission
6030. Application—div 6.2A.2
6031. Notice—human rights proceedings
6032. Notice—direction by court
6033. Contents of notice of human rights matter
6034. Directions hearing—human rights proceedings
Division 6.2A--.3 Intervention of commission
6040. Human rights commissioner—application for leave to
PART 6.2B--INTERVENTION OF ATTORNEY-GENERAL IN PROCEEDINGS
6045. Attorney-General—notice of intervention
PART 6.3--DOCUMENTS
Division 6.3.1--General provisions about documents for filing
6100. Application—div 6.3.1
6101. Documents—compliance with approved form
6102. Documents—general heading style
6103. Documents—layout etc
6104. Documents—use of copies
6105. Documents—use of figures
6106. Documents—signing
6107. Documents—alterations
Division 6.3.2--Filing documents
6120. Filing documents—number of copies
6121. How documents may be filed
6122. Filing documents personally
6123. Filing documents by post
6124. Filing documents electronically
6125. Practice notes about filing
6126. Date of filing
6130. Keeping original documents
6133. Conversion of documents in paper form to electronic form
6134. Official record of the court
Division 6.3.3--Rejecting filed documents
6140. Rejecting documents—noncompliance with rules etc
6141. Rejecting documents—inconvenient address for service
6142. Rejecting documents—abuse of process etc
6143. Rejecting document—registrar to give notice etc
6144. Rejecting document—costs
6145. Filed documents initially rejected
PART 6.5--REGISTRAR
6250. Jurisdiction exercisable by registrar of Supreme Court
6251. Jurisdiction exercisable by registrar of Magistrates Court
6252. Registrar's powers—postponement of hearing
6253. Registrar's powers—subpoenas
6254. Order that jurisdiction in proceeding be exercised by judicial officer other than
6255. Registrar referring proceeding or issue to judicial officer
6256. Appeals from registrar's orders etc
PART 6.6--REGISTRY
6300. Office hours
6301. Registrar's duties
6302. Cause book
6303. Registrar to keep seals
6304. Documents—sealing and stamping
6304A. Signing, sealing and stamping documents filed electronically
6304B. Issue of documents electronically by court
6305. Issue of commissions
6306. Duplicate sealed etc documents
6307. Delegation by registrar
PART 6.7--TIME
6350. Time—certain days excluded in working out
6351. Time—extending and shortening by court order
6352. Time—fixing by court order
PART 6.8--SERVICE
Division 6.8.1--Service—preliminary
6400. Application—pt 6.8
6401. Service of filed documents
Division 6.8.2--Personal service
6405. How document is personally served
Division 6.8.3--Service—Magistrates Court
6410. Application—div 6.8.3
6411. Service on individuals generally—Magistrates Court
6412. Service of originating process by post—Magistrates Court
6413. Doubtful service—Magistrates Court
Division 6.8.4--Ordinary service
6420. Ordinary service—address for service
6421. Service by filing
Division 6.8.5--Service—particular cases
6430. Service in Australia but outside ACT
6431. Service on corporations—generally
6432. Service on corporations—additional ways for all corporations
6433. Service of originating process on partnership
6434. Service on defendant operating under business name
6435. Service on children
6436. Service on people with mental disabilities
6437. Service on detainees
6438. Service if no-one found at party's address for service
6439. Service of originating application to recover unoccupied land
Division 6.8.6--Time of service
6450. Time of service at address for service
Division 6.8.7--Service—other
6460. Substituted service
6461. Informal service
6462. Service on agent
6463. Service under contract
6464. Acceptance of service by solicitor
6465. Special requirements for service by fax
6466. Email service—other matters
6467. Proof of service
6468. Identity of person served
6469. Change of address for service
Division 6.8.8--Service of subpoenas and notices instead of subpoenas—general
6480. Definitions—div 6.8.8
6481. Subpoena—service on solicitor
6482. Subpoena—service on special witness
6483. Special witness—notice instead of subpoena
6484. Special witness—no shortening of time for service
Division 6.8.9--Service out of Australia
6500. Meaning of Australia—div 6.8.9
6501.
6502. Service of originating process without leave
6503. Service of originating process with leave
6504. Court's discretion whether to assume jurisdiction
6505. Notice to person served outside Australia
6506. Time for filing notice of intention to respond
6507. Leave to proceed if notice of intention to respond not filed
6508. Service of other documents outside Australia
6509. Mode of service
Division 6.8.11--Service of foreign legal process in the ACT
6540. Letter of request from foreign tribunal—procedure
6541. Orders for substituted service etc for div 6.8.11
6542. Noncompliance with div 6.8.11
Division 6.8.12--Service under the Hague Convention
Subdivision 6.8.12.1--Preliminary
6550. Definitions—div 6.8.12
6551. Rules under this division prevail
Subdivision 6.8.12.2--Service abroad of local judicial documents
6552. Application—subdiv 6.8.12.2
6553. Application for request for service abroad
6554. How application to be dealt with
6555. Procedure on receipt of certificate of service
6556. Payment of costs
6557. Evidence of service
Subdivision 6.8.12.3--Default judgment following service abroad of initiating
process
6558. Application—subdiv 6.8.12.3
6559. Restriction on power to enter default judgment if certificate of service
6560. Restriction on power to enter default judgment if certificate of service not
6561. Setting aside default judgment
Subdivision 6.8.12.4--Local service of foreign judicial documents
6562. Application—subdiv 6.8.12.4
6563. Certain documents to be referred back to Attorney-General of the
6564. Service of foreign judicial documents etc
6565. Affidavit about service
PART 6.9--SUBPOENAS
6600. Definitions—pt 6.9
6601. Issuing subpoena
6601A. Issuing subpoena to produce—originating claim
6601B. Issuing subpoena to produce—originating application
6602. Form of subpoena
6603. Subpoena—leave to serve late
6603A. Subpoena—change of date for attendance of production
6604. Setting aside subpoena or other relief
6605. Service of subpoena
6606. Compliance with subpoena
6607. Production of subpoenaed document etc otherwise than on attendance
6608. Removal, return, inspection etc of subpoenaed documents and things
6609. Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on
6610. Disposal of subpoenaed documents and things produced
6611. Costs and expenses of compliance with subpoena
6612. Failure to comply with subpoena—contempt of court
6613. Documents and things in custody of court
6614. Application of pt 6.9—subpoena under Commercial Arbitration Act
6615. Subpoena issued by ACAT—leave to serve outside ACT
6615A. Examination summons issued by ACT Integrity Commission—leave to serve outside
PART 6.10--EVIDENCE
Division 6.10.1--General—pt 6.10
6700. Way evidence given—civil proceedings
6701. Evidence on affidavit by agreement—civil proceedings
6702. Evidence in another civil proceeding etc
6703. Evidence by telephone etc
6704. Plans, photographs, video or audio recordings and models
Division 6.10.2--Affidavits
6710. Affidavit—form
6711. Affidavit—contents
6712. Affidavit—annexures and exhibits
6713. Affidavit—document included in
6714. Affidavit—when may be taken
6715. Affidavit—taking of
6716. Affidavit—certificate of reading or signature for person making
6717. Affidavit—alterations in
6718. Affidavit—filing and service
6719. Affidavit—irregular in form
6720. Affidavit—scandalous matter etc
6721. Affidavit—cross-examination of maker
6722. Affidavit—taken before party
Division 6.10.3A--Notice to produce
6748. Notice to produce
Division 6.10.4--Notices under Evidence Act
6750. Evidence of previous representation notice
6751. Objection to hearsay evidence notice—civil proceedings
6752. Tendency evidence notice
6753. Coincidence evidence notice
Division 6.10.5--Exhibits, documents and things
6760. Meaning of subpoenaed document or thing—div 6.10.5
6761. Registrar to keep record of proceeding
6762. Custody of exhibits after proceeding
6763. Duty of parties to claim exhibits
6765. Requirement to give or send exhibit
6766. Disposal of exhibits
6767. Power to allow removal of exhibits etc
Division 6.10.6--Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link
6800. Application for direction under Evidence (Miscellaneous Provisions) Act, s
6801. Directions for Evidence (Miscellaneous Provisions) Act, s 20
Division 6.10.8--Taking evidence otherwise than at trial
6810. Definitions—div 6.10.8
6811. Effect of court directions for examination order
6812. Application of div 6.10.8 to letter of request
6813. Order for taking evidence otherwise than at trial
6814. When examination order may be made
6815. Application for examination order
6816. Appointment of examiner
6817. Documents for examiner
6818. Time and place of examination etc
6819. Conduct of examination
6820. Examination of additional people
6821. Objections by party or person being examined
6822. Recording evidence of examination
6823. Authentication and filing of deposition of examination etc
6824. Special report on examination
6825. Default of witness at examination
6826. Costs of examination
6827. Witness expenses for witness at examination
6828. Admissibility of deposition of examination
6829. Letter of request
6830. Use of evidence taken in examination
6831. Use of evidence taken in an examination—subsequent
6832. Amendment and revocation of examination orders
6833. Exclusion of evidence in criminal proceeding
Division 6.10.9--Taking evidence for Australian and foreign courts and tribunals
6840. Definitions—div 6.10.9
6841. Application—div 6.10.9
6842. Application for div 6.10.9 order
6843. Order relating to taking evidence for Australian or foreign court or
6844. Div 6.10.9 order for criminal proceeding
6845. Appointment of examiner for div 6.10.9
6846. Attendance by div 6.10.9 order applicant at examination
6847. Procedure for taking evidence under div 6.10.9 order
6848. Keeping of exhibits at div 6.10.9 examination
6849. Certificate of order and depositions—div 6.10.9 examination
6850. Privilege of witnesses—div 6.10.9 examination
6851. Privilege of witnesses—unsupported claim etc for div 6.10.9
PART 6.10A--TRANS-TASMAN PROCEEDINGS
Division 6.10A--.1 Trans-Tasman proceedings—general
6860. Terms in Trans-Tasman Proceedings Act
Division 6.10A--.2 Trans-Tasman proceedings—orders under Trans-Tasman Proceedings Act
6861. Trans-Tasman proceedings—originating application
6862. Trans-Tasman proceedings—applications in proceedings
6863. Trans-Tasman proceedings—application for interim relief
Division 6.10A--.3 Trans-Tasman proceedings—service of subpoenas in New Zealand
6864. Application—div 6.10A.3
6865. Trans-Tasman proceedings—application for leave to serve subpoena in New
6866. Trans-Tasman proceedings—application to set aside subpoena served in New
6867. Trans-Tasman proceedings—noncompliance with subpoena served in New
Division 6.10A--.4 Trans-Tasman proceedings—remote appearances
6868. Trans-Tasman proceedings—application for order for use of audio link or audiovisual
Division 6.10A--.5 Trans-Tasman proceedings—enforcement of NZ judgments
6869. Trans-Tasman proceedings—notice of registration of NZ judgment
6870. Trans-Tasman proceedings—application for extension of time to give notice of
6871. Trans-Tasman proceedings—application to set aside registration of NZ
6872. Trans-Tasman proceedings—application for stay of enforcement of registered NZ
6873. Trans-Tasman proceedings—application for extension of time to apply for stay of
PART 6.11--MISCELLANEOUS--CH 6
6900. Power to make orders
6901. Orders may be made on conditions
6902. Leave may be given on conditions
6903. References to court acting on its own initiative
6904. Mandatory order to registrar etc
6905. Notices must be written
6906. Mistakes in orders or court certificates
6907. Power to make practice notes
6908. Use of electronic devices in courtrooms
CHAPTER 7--TRANSITIONAL
PART 7.1--TRANSITIONAL--SUPREME COURT
7000. Transitional—existing proceedings in Supreme Court on 1 July 2006
7002. Transitional—construction of outdated references to Supreme Court rules etc
PART 7.2--TRANSITIONAL--MAGISTRATES COURT
7011. Transitional—existing proceedings in Magistrates Court on 1 January 2007
PART 7.3--TRANSITIONAL--INTERROGATORIES
7012. Transitional—interrogatories
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
DICTIONARY
ENDNOTES
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