SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004)

Australian Capital Territory Numbered Regulations

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SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - SCHEDULE 1

Schedule 1 Amendments of forms

(see r 3)

[1.1] Schedule 1, new form 1.1A

insert

Form 1.1A Subpoena

(see o 1AA r 3)

In the Supreme Court of the Australian Capital Territory

*[Criminal jurisdiction]

No of ( year )

( for civil matters )
( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

( for criminal matters )
The Queen

and

( name of accused person )

* ( delete if inapplicable )

To ( name )

( address )

YOU ARE ORDERED:
≤ *to attend to give evidence—see section A of this form; or

≤ *to produce this subpoena or a copy of it and the documents or things specified in the schedule—see section B of this form; or

≤ *to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the schedule—see section C of this form

* ( select 1 only of these 3 options )

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last date for service of this subpoena is: (see note l)

Please read notes 1 to 15 at the end of this subpoena.

( seal or stamp of the Court )

Date:

Issued at the request of ( name of party ), whose address for service is:

A. Details of subpoena to attend to give evidence only

Date, time and place at which you must attend to give evidence—

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

B. Details of subpoena to produce only

You must comply with this subpoena—

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule below at the date, time and place specified for attendance and production; or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the schedule below to the registrar ( or, for an arbitration under the Commercial Arbitration Act 1986 , the * [arbitrator/umpire]) at the address below so that they are received not less than 2 clear days before the date specified for attendance and production. ( see notes 5-11 )

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things—

Date:

Time:

Place:

Address where the subpoena (or copy) and documents or things may be delivered or posted—

Schedule

The documents and things you must produce are as follows:
( if insufficient space attach list )

* ( delete if inapplicable )
C. Details of subpoena both to attend to give evidence and to
produce

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena—

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the schedule below at the date, time and place specified for attendance and production; or

Date, time and place at which you must attend to produce the subpoena or a copy of it and the documents or things—

Date:

Time:

Place:

Address where the subpoena (or copy) and documents or things may be delivered or posted:

Schedule

The documents and things you must produce are as follows:
( if insufficient space attach list )

* ( delete if inapplicable )

Notes

Last day for service

1 You need not comply with this subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2 Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and its requirements.

Addressee a corporation

3 If this subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Conduct money

4 You need not comply with this subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date when your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post

5 In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the registrar at the address specified for the purpose in the subpoena so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production.

6 If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or anyone else you must, at the time of production, notify the Court in writing of your objection and of the grounds of your objection.

7 Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the registrar may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8 If you produce more than 1 document or thing, you must, if asked by the registrar, produce a list of the documents or things produced.

Production of copy instead of original

9 You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that this subpoena requires you to produce.

(the issuing party, or that party's solicitor, should tick the following box if photocopies are acceptable)

photocopies of documents are acceptable

Return or destruction of documents or copies

10 You may inform the Court in writing that any document or copy of a document produced need not be returned and may be destroyed.

(the addressee should tick the appropriate box if applicable)

all original documents need not be returned and may be destroyed

some original documents need not be returned and may be destroyed ( please attach a list of the documents that may be destroyed )

all photocopies need not be returned and may be destroyed

some photocopies need not be returned and may be destroyed ( please attach a list of the documents that may be destroyed )

whether documents need not be returned and may be destroyed will be advised at the time of production of the documents

11 If you have so informed the Court, the registrar may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

12 You have the right to apply to the Court—

(a) for an order setting aside this subpoena (or a part of it) or for relief in relation to the subpoena; and

(b) for an order in relation to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.

Loss or expense of compliance

13 If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to any conduct money and any witness expenses) for the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.

Contempt of court—arrest

14 Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

15 Note 14 is without prejudice to any power of the court (including the power to issue a warrant for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

[1.2] Schedule 1, form 1.1

omit

[1.3] Schedule 1, forms 1.2 to 1.6

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.4] Schedule 1, forms 1.7 and 1.7A

substitute

Form 1.7 Memorandum of appearance

(see o 13 r 3)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

1 The defendant[s]* ¹mentioned below *[appears/appear] in this action.

2 Particulars of the defendant[s]* *[, the defendant's/defendants' solicitor] and the*[defendant's/defendants'] address for service are set out below.

3 *In an action for the recovery of land, particulars of the action are set out below. ²

4 *The defendant[s]* submit[s]* to the orders of the Court, except as to costs. ³

Particulars of defendant[s] *

Full name[s]*:

( if the particulars of the defendant/s set out in the originating application are incorrect )

The correct particulars are as follows:

( if the defendant is /defendants are represented by a solicitor )

Solicitor's full name:

Solicitor's full business address:

Solicitor's telephone no:

*Name, address and telephone no. of agent solicitor:

Service of documents ⁴—

Address for service:

( if represented by a solicitor, the following information may be provided )

*Document exchange box no:

*Postal address ( if different from address for service ):

*Fax no:

*Email address:

* Particulars in action for recovery of land

*The defendant ( if more than 1, name of defendant ) appears in the capacity of landlord of the property.

*The defence is limited to the following part of the property: ⁵

Date:

Signature[s]* of *[defendant[s]/defendant's solicitor/defendants' solicitor]:

* ( delete if inapplicable )

Note 1 A single memorandum of appearance may be filed for a number of defendants appearing by the same solicitor—see the Supreme Court Rules 1937 , order 13 rule 9.

Note 2 In an action for the recovery of land, "defendant" includes a person given leave to appear under the Supreme Court Rules 1937 , order 13 rule 12.

Note 3 See the Supreme Court Rules 1937 , order 13 rule 2 (5) to (8).

Note 4 See the Supreme Court Rules 1937 , order 1 rule 4, def address for service and order 13 rule 2 (1) (c) and (2).

Note 5 See the Supreme Court Rules 1937 , order 13 rule 15.

Form 1.7A Memorandum of conditional appearance

(see o 13 r 16A)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

1 The defendant[s]* mentioned below *[appears/appear] in this action.

2 Particulars of the defendant[s]* *[, the defendant's/defendants' solicitor] and the*[defendant's/defendants'] address for service are set out below.

3 *In an action for the recovery of land, particulars of the action are set out below.

4 The defendant[s]* submit[s]* conditionally to the orders of the Court.

Particulars of defendant[s] *

Full name[s]*:

( if the particulars of the defendant/s set out in the originating application are incorrect )

The correct particulars are as follows:

( if the defendant is /defendants are represented by a solicitor )

Solicitor's full name:

Solicitor's full business address:

Solicitor's telephone no:

*Name, address and telephone no. of agent solicitor:

Service of documents ¹—

Address for service:

( if represented by a solicitor, the following information may be provided )

*Document exchange box no:

*Postal address ( if different from address for service ):

*Fax no:

*Email address:

* Particulars in action for recovery of land

*The defendant ( if more than 1, name of defendant ) appears in the capacity of landlord of the property.

*The defence is limited to the following part of the property: ²

Date:

Signature[s]* of *[defendant[s]/defendant's solicitor/defendants' solicitor]:

* ( delete if inapplicable )

Note 1 See the Supreme Court Rules 1937 , order 1 rule 4, def address for service and order 13 rule 2 (1) (c) and (2).

Note 2 See the Supreme Court Rules 1937 , order 13 rule 15.

[1.5] Schedule 1, form 1.8

omit

[ Heading as in form 1.1 ]

On ( date ) I, ( name ) of ( address ), ( occupation ), say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.6] Schedule 1, form 1.8

omit

Sworn by the deponent—

Signature:
Witness:
[ Signature, name and title of person before whom affidavit is sworn or affirmed ]

*Strike out where inapplicable.

substitute

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete if, or whichever is, inapplicable )

[1.7] Schedule 1, form 1.9

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.8] Schedule 1, form 1.10

substitute

Form 1.10 Affidavit for entry of appearance as guardian

(see o 19 r 20)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

1 ( Name) , of ( address ), is an appropriate person to act as litigation guardian of the defendant, and has no interest in the matters in question in this *[action/matter] adverse to that of the defendant.

2 The consent of ( name ) to act as litigation guardian of the defendant is attached.

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete if, or whichever is, inapplicable )

Note The consent of the person to act as litigation guardian must be attached.

[1.9] Schedule 1, form 1.11

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.10] Schedule 1, forms 1.12 and 1.13

omit

No of [ year ]

BETWEEN [ AB ] Plaintiff

and

[ CD ] Defendant

and

[ EF ] Third Party

THIRD-PARTY CLAIM

To EF of in the of .

substitute

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

( name )
Third party

Third party claim

To (name of third party) of ( address )

[1.11] Schedule 1, forms 1.14 to 1.17

substitute

Form 1.14 Statement of claim—general form

(see o 23 r 5)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Statement of claim

Originating application filed ( date ).

The plaintiff etc

( or )

The plaintiff's claim is etc

( or )

The plaintiff claims etc

( Signed )

*( delete if inapplicable )

Form 1.15 * Defence—general form

* Defence and counterclaim—general form

(see o 23 r 5)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Defence

1 The defendant etc

*Counterclaim

1 The defendant etc

The defendant counterclaims etc

( Signed )

*( delete if inapplicable )

Form 1.16 Reply—general

(see o 23 r 5)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Reply

The plaintiff, as to the defence, says that—

1 The defendant etc

*The plaintiff, as to the counterclaim, says that—

1 The defendant etc

( Signed )

*( delete if inapplicable )

Form 1.17 Notice of counterclaim

(see o 25 r 12)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

To ( name )

Take notice that, if you do not appear to the counterclaim of the defendant ( defendant's name ) within 8 days from the day this defence and counterclaim is served on you, you will be liable to have judgment given against you in your absence.

An appearance must be entered at the Supreme Court registry.

*( delete if inapplicable )

[1.12] Schedule 1, forms 1.18 to 1.21

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.13] Schedule 1, form 1.22

substitute

Form 1.22 Confession of defence

(see o 28 r 3)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

The plaintiff confesses the defence stated in paragraph ( number eg 1 ) of *[the defendant's defence/the defendant's further defence].

*( delete if, or whichever is, inapplicable )

[1.14] Schedule 1, forms 1.23 to 1.35

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.15] Schedule 1, forms 1.36 to 1.38

substitute

Form 1.36 Order for examination within ACT

(see o 39 r 12)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

The Court orders that :
( Name ) of ( address ) be examined on oath or affirmation before ( name and address of examiner, or description ).

*( delete if inapplicable )

Form 1.37 Order for examination outside ACT

(see o 39 r 12, o 39 r 24B)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

The Court orders that :

1 ( Name ) of ( address ) be examined on oath or affirmation before ( name and address of examiner, or description ) in accordance with the Supreme Court Rules 1937 .

2 The party obtaining this order must give each other party 7 days written notice of the date the party proposes to send this order to the examiner.

3 Not less than 4 days after that notice has been given, each party must give to each other party the name and address of the party's agent to whom notices may be sent.

*( delete if inapplicable )

Form 1.38 Order for issue of letter of request

(see o 39 r 24B)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

The Court orders that :

A letter of request be issued to the judicial authorities of ( country ) to take, or cause to be taken, the evidence of ( name ) of ( address ).

*( delete if inapplicable )

[1.16] Schedule 1, form 1.39

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.17] Schedule 1, form 1.40

substitute

Form 1.40 Order for examination under interstate or foreign letter of request

(see o 39 r 24J)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

The Court orders that :

( Name and address of examiner, or description ) take the examination on oath or affirmation of ( name ) of ( address ) under the letter of request dated ( date of issue of letter of request ) in relation to the proceeding pending, or begun, before ( name of foreign or interstate court or tribunal ) between ( plaintiff's name ) and ( defendant's name ).

*( delete if inapplicable )

[1.18] Schedule 1, forms 1.42 to 1.45

omit

[1.19] Schedule 1, forms 1.49A to 1.49C

substitute

Form 1.49A Form of affidavit—general

(see o 40 r 2)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

1
2
( etc )

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete if, or whichever is, inapplicable )

Note 1 If there is more than 1 matter, state the first matter and then ‘and other matters' (see Supreme Court Rules 1937 , o 40 r 1 (2)).

Note 2 If a proceeding is entitled in a matter or matters and between parties, omit the part of the title about the matter or matters (see Supreme Court Rules 1937 , o 40 r 1 (2)).

Note 3 If there is more than 1 plaintiff or defendant, state the full name of the first and then ‘and others' (see Supreme Court Rules 1937 , o 40 r 1 (3)).

Form 1.49B Annexures to affidavit—information on first page

(see o 40 r 4)
This (and the following ( number ) page/s) is the annexure marked ‘( appropriate letter ie ‘A' for the 1st annexure, ‘B' for the 2nd annexure etc) ' mentioned in the affidavit of ( name of person making affidavit ) *[sworn/affirmed] at ( place ) on ( date eg 14 June 2005 ) before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete whichever is inapplicable )

Form 1.49C Certificate identifying exhibit

(see o 40 r 4)
In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]* ¹

This is the exhibit marked ( initials of person and identifying number eg ABC 1 ) shown to me when ( name of person making the affidavit ) made *[his/her] affidavit on ( date ).

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete if, or whichever is, inapplicable )

Note 1 The title should be the same as the affidavit's title (see form 1.49A).

[1.20] Schedule 1, forms 1.50 to 1.58

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.21] Schedule 1, form 1.59

omit

[ Heading as in form 1.1 ]

Elizabeth the Second etc [ as in form 1.58 ].

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Elizabeth the Second, by the Grace of God Queen of Australia and her other Realms and Territories, Head of the Commonwealth.

[1.22] Schedule 1, form 1.59

omit

[ Indorsement as in form 1.58 ]

substitute

Indorsement

Levy $ ( amount ) and $ ( amount ) for costs of execution etc and also interest on $ ( amount ) at 15% per annum ( or other agreed rate ) from ( date ) until payment, besides Sheriff's poundage, officers' fees, costs of levying, the fees, expenses, and costs mentioned in the Supreme Court Rules 1937 , order 43 rule 14, if and when incurred, and all other legal incidental expenses.

This writ was issued by ( name ) of ( address ), agent for ( name ), solicitor for the ( party ) who lives at ( address ).

The ( name ) is a ( state ) and lives at ( address )
in your bailiwick.

*( delete if inapplicable )

[1.23] Schedule 1, form 1.60

omit

[ Heading as in form 1.1 ]

Elizabeth the Second etc [ as in form 1.58 ].

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Elizabeth the Second, by the Grace of God Queen of Australia and her other Realms and Territories, Head of the Commonwealth.

[1.24] Schedule 1, form 1.60

omit

[ Indorsement . This writ was issued by etc]

substitute

This writ was issued by ( name ) of ( address ), agent for ( name ), solicitor for the ( party ) who lives at ( address ).

*( delete if inapplicable )

[1.25] Schedule 1, form 1.61

omit

[ Heading as in form 1.1 ]

THE COURT ORDERS THAT:

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

The Court orders that:

[1.26] Schedule 1, form 1.62

before
In the matter of [ here state

insert

In the Supreme Court of the Australian Capital Territory

No of ( year )

[1.27] Schedule 1, form 1.62

omit

On ( date ) I, ( name ) of ( address ), ( occupation ), say on oath that:

substitute

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm] that—

[1.28] Schedule 1, form 1.62

after

notice annexed.

insert

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete whichever is inapplicable )

[1.29] Schedule 1, form 1.64

omit

[ Heading as in form 1.1 ]

Elizabeth the Second, by the Grace of God etc [ as in form 1.58 ].

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Elizabeth the Second, by the Grace of God Queen of Australia and her other Realms and Territories, Head of the Commonwealth.

[1.30] Schedule 1, forms 1.65 and 1.66

omit

[ Heading as in form 1.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.31] Schedule 1, form 1.67

omit

[ Heading as in form 1.1 ]

On ( date ) I, ( name ) of ( address ), the receiver appointed in this cause, say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

On ( date, eg 14 June 2005 ), I ( name ) of ( address ), the receiver appointed in this cause,*[say on oath/solemnly affirm]—

[1.32] Schedule 1, form 1.67

insert at the end

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete if, or whichever is, inapplicable )

[1.33] Schedule 1, form 1.67A

omit

ACTSC No of [ year ]

Between:

AB Plaintiff

and

CD Defendant

substitute

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.34] Schedule 1, form 1.67B

omit

ACTSC No of [ year ]

[* name of legislation ]

Between:

AB Plaintiff

and

CD Defendant

substitute

No of ( year )

*( name of legislation )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.35] Schedule 1, form 1.67B

omit
Signature of *[applicant/applicant's solicitor]:

substitute

( signature of plaintiff or plaintiff's solicitor )
( name of plaintiff or plaintiff's solicitor )

[1.36] Schedule 1, form 1.68

omit

[ Heading as in form 1.1 ]

Elizabeth the Second, by the Grace of God etc [ as in form 1.58 ].

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Elizabeth the Second, by the Grace of God Queen of Australia and her other Realms and Territories, Head of the Commonwealth.

[1.37] Schedule 1, form 1.68

omit

This writ was issued by etc

substitute

This writ was issued by ( name ) of ( address ), agent for ( name ), solicitor for the ( party ) who lives at ( address ).

*( delete if inapplicable )

[1.38] Schedule 1, form 1.69

omit

[ Heading as in form 1.1 ]

Elizabeth the Second, by the Grace of God etc [ as in form 1.58 ].

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Elizabeth the Second, by the Grace of God Queen of Australia and her other Realms and Territories, Head of the Commonwealth.

[1.39] Schedule 1, form 1.69

omit

By the Court

substitute

By the Court

*( delete if inapplicable )

[1.40] Schedule 1, form 1.70

omit

[ Heading as in form 1.1 ]

Elizabeth the Second, by the Grace of God etc [ as in form 1.58 ].

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Elizabeth the Second, by the Grace of God Queen of Australia and her other Realms and Territories, Head of the Commonwealth.

[1.41] Schedule 1, form 1.70

omit

Witness etc

substitute

Witness etc

*( delete if inapplicable )

[1.42] Schedule 1, form 1.73

omit

No of [ year ]

BETWEEN: [ name ] Plaintiff

and

[ name ] Defendant

substitute

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

[1.43] Schedule 1, form 1.74

substitute

Form 1.74 Notice of appeal from master—interlocutory judgment

(see o 61A r 5)

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name/s )
Plaintiff[s]*

( name/s )
Defendant[s]*

Take notice that the ( plaintiff, defendant or other party ) appeals from the interlocutory judgment of the Master given on ( date ).

Date:

( signature of solicitor for plaintiff/defendant/other party )

( name of solicitor for plaintiff/defendant/other party )

*( delete if inapplicable )

[1.44] Schedule 1, form 1.75

omit

No of [ year ]

Between: [name] Applicant

and
[ name ] Respondent

substitute

No of ( year )

( name )
Applicant

( name )
Respondent

[1.45] Schedule 1, forms 1.76 and 1.77

omit

[ Heading as in form 1.75 ]

THE COURT ORDERS THAT:

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name )
Applicant

( name )
Respondent

The Court orders that:

[1.46] Schedule 1, forms 1.78 and 1.79

omit

[ Heading as in form 1.75 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

( name )
Applicant

( name )
Respondent

[1.47] Schedule 1, form 1.80

omit

No of [ year ]

Between:

AB Applicant
and

CD Respondent(s)

substitute

No of ( year )

( name )
Applicant

( name/s )
Respondent[s]*

[1.48] Schedule 1, form 1.81

omit

No of [ year ]

BETWEEN: [ name] Appellant
and
[ name] Respondent

substitute

No of ( year )

( name )
Applicant

( name )
Respondent

[1.49] Schedule 1, forms 1.82 and 1.83

substitute

Form 1.82 Notice of payment into court in arbitration

(see o 88 r 6A)

In the Supreme Court of the Australian Capital Territory

No of ( year )

Arbitration agreement dated ( date )

( name )
Claimant

( name )
Respondent

(Name of respondent) has paid into court $ ( amount ), and says that *[that amount/ $ ( amount ), part of that amount]* [is enough to satisfy the claimant's claim/ is enough to satisfy the claimant's claim for (state claim) and $ ( amount ), the other part of that amount, is enough to satisfy the claimant's claim for( state claim )], *[and admits liability/but denies liability] .

Date:

( signature of respondent's solicitor )

( name of respondent's solicitor )

To ( name ), the claimant's solicitor.

Form 1.83 Acceptance of amount paid into court in arbitration

(see o 88 r 6B)

In the Supreme Court of the Australian Capital Territory

No of ( year )

Arbitration agreement dated ( date )

( name )
Claimant

( name )
Respondent

The claimant (name) accepts the amount of $ ( amount ) paid by ( respondent's name ) into court in satisfaction of the claim in relation to which it was paid in, and abandons the claimant's other claims in the arbitration.

Date:

( signature of claimant's solicitor )

( name of claimant's solicitor )

To ( name ) solicitor for ( respondent's name )

And to ( name ), solicitor for ( name )

[1.50] Schedule 1, forms 1.84 to 1.87

omit

[1.51] Schedule 1, forms 2.2 and 2.3

omit

[ Heading as in form 2.1 ]

In the estate of [ name ], late of [ last address, occupation ], deceased

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

In the estate of ( name ), late of ( last address, occupation ), deceased

[1.52] Schedule 1, form 2.4

omit

[ Heading as in form 2.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

[1.53] Schedule 1, form 2.5

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

[1.54] Schedule 1, forms 2.6 and 2.7

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of [ name ], late of [ last address, occupation ], deceased

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

[1.55] Schedule 1, form 2.8

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

[1.56] Schedule 1, form 2.9

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.57] Schedule 1, form 2.9

omit

SWORN at )

Before me )

*( Delete if, or whichever is, inapplicable )

** ( Delete if deceased left property within the Australian Capital Territory )

substitute

**( delete if deceased person left property in the ACT )

[1.58] Schedule 1, form 2.10

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.59] Schedule 1, form 2.10

omit

SWORN at )

Before me )

*( Delete if, or whichever is, inapplicable )

**( Delete if deceased left property within the Australian Capital Territory )

substitute

**( delete if deceased person left property in the ACT )

[1.60] Schedule 1, form 2.11

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.61] Schedule 1, form 2.11

omit

SWORN at )

Before me )

*( Delete if, or whichever is, inapplicable )

** ( Delete if deceased left property within the Australian Capital Territory )

substitute

**( delete if deceased person left property in the ACT )

[1.62] Schedule 1, form 2.12

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.63] Schedule 1, form 2.12

omit

SWORN at )

Before me )

*( Delete if, or whichever is, inapplicable )

substitute

[1.64] Schedule 1, form 2.13

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.65] Schedule 1, form 2.13

omit

SWORN at )

Before me )

*( Delete if, or whichever is, inapplicable )

substitute

[1.66] Schedule 1, form 2.14

omit

[ Heading as in form 2.1 ]

No P of [ year ]
In the estate of [ name ], late of [ last address, occupation ], deceased

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

[1.67] Schedule 1, form 2.15

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of [ name ], late of [ last address, occupation ], deceased.

On ( date, eg 6 February 2004 ), I ¹[*say on oath/solemnly affirm]—

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ¹*[say on oath/solemnly affirm]—

[1.68] Schedule 1, form 2.15

omit

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

*strike out if inapplicable

substitute

[1.69] Schedule 1, form 2.17

omit

[ Heading as in form 2.1 ]

In the estate of

NOTICE

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

Notice

[1.70] Schedule 1, form 2.19

substitute

Form 2.19 Affidavit in support of application by public trustee

(see o 72 r 60)

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the intestate estate of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

1 ( Name ) died at ( place of death ), on or about ( date of death ), intestate, and having at the time of * [his/her] death estate in the ACT liable to waste.

2 The deceased person died without leaving a spouse or any next of kin resident in the ACT.

3 ( if deceased person left a spouse or any next of kin resident outside ACT ) The deceased person left a *[spouse/next of kin ( if next of kin, state name and relationship to deceased person )] resident in ( state jurisdiction ).

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete whichever is inapplicable )

[1.71] Schedule 1, form 2.20

omit

[ Heading as in form 2.1 ]

In the matter of the will of , late of , deceased.

On ( date ) I, ( name ) of ( address ), ( occupation ), say on oath:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the will of ( name ), late of ( last address, occupation ), deceased

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

[1.72] Schedule 1, form 2.20

omit

SWORN at )

Before me )

substitute

[1.73] Schedule 1, form 2.21

omit

[ Heading as in form 2.1 ]

In the matter of the will of , late of , deceased.

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the will of ( name ), late of ( last address, occupation ), deceased

[1.74] Schedule 1, form 2.22

omit

[ Heading as in form 2.1 ]

In the matter of the estate of , late of , deceased (intestate).

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the intestate estate of ( name ), late of ( last address, occupation ), deceased

[1.75] Schedule 1, form 2.23

omit

[ Heading as in form 2.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

[1.76] Schedule 1, form 2.25

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

PROBATE

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

Probate

[1.77] Schedule 1, form 2.26

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

LETTERS OF ADMINISTRATION WITH WILL ANNEXED

LETTERS OF ADMINISTRATION

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

Letters of administration with will annexed

Letters of administration

[1.78] Schedule 1, form 2.27

omit

[ Heading as in form 2.1 ]

No P of [ year ]

In the estate of ( name ), late of ( last address, occupation ), deceased

LETTERS OF ADMINISTRATION

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

Letters of administration

[1.79] Schedule 1, form 2.28

substitute

Form 2.28 Reseal of foreign grant

(see o 72 r 70)

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

Reseal of *[probate/letters of administration/order to collect and administer]

*[Probate of the will/ Letters of administration of the estate/ Order to collect and administer the estate] of the deceased person granted by ( name of court ) to ( name ), a true copy of which is attached, is sealed with the seal of this Court.

The deceased person died on ( date ):

Estate sworn under ($ value ):

Date:

By the Court

Signature of Registrar:

*( delete whichever is inapplicable )

[1.80] Schedule 1, form 2.29

omit

THE COURT ORDERS THAT:

substitute

In the Supreme Court of the Australian Capital Territory

Probate jurisdiction

No P of ( year )

In the estate of ( name ), late of ( last address, occupation ), deceased

The Court orders that:

[1.81] Schedule 1, form 3.1

omit

AUSTRALIAN CAPITAL TERRITORY
Adoption Act 1993

In the Supreme Court of the Australian Capital Territory

No of [ year ]

In the matter of the adoption of [full name to be given to the child]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Adoption Act 1993

In the adoption of ( full name to be given to the child )

[1.82] Schedule 1, forms 3.2 to 3.4

omit

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

In the Supreme Court of the Australian Capital Territory

No of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Adoption Act 1993

In the adoption of ( full name to be given to the child )

[1.83] Schedule 1, form 3.5

omit

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

In the Supreme Court of the Australian Capital Territory

No of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Adoption Act 1993

In the adoption of ( full name to be given to the child )

[1.84] Schedule 1, form 3.5

omit
THE COURT ORDERS THAT:

substitute

The Court orders that:

[1.85] Schedule 1, forms 3.6 to 3.9

omit

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

In the Supreme Court of the Australian Capital Territory

No of [ year ]

In the matter of the adoption of [ full name to be given to the child ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Adoption Act 1993

In the adoption of ( full name to be given to the child )

[1.86] Schedule 1, forms 3.10 to 3.20

omit

AUSTRALIAN CAPITAL TERRITORY

Adoption Act 1993

In the Supreme Court of the Australian Capital Territory

No of [ year ]

In the matter of the adoption of

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Adoption Act 1993

In the adoption of ( full name to be given to the child )

[1.87] Schedule 1, form 4.1 (Subpoena to give evidence), form 4.2 (Subpoena for production for an individual), form 4.3 (Subpoena for production and to answer questions for a corporation and its proper officer) and form 4.4 (Subpoena for production and to give evidence)

omit

[1.88] Schedule 1, form 5.1

omit

No of [ year ]

Between

[ name ] Plaintiff/Appellant

and

[ name ] Defendant/Respondent

substitute

No of ( year )

Evidence and Procedure (New Zealand) Act 1994 (Cwlth)

( name )
Plaintiff/Appellant

( name )
Defendant/Respondent

[1.89] Schedule 1, form 5.2

omit

[ Heading as in form 5.1 )

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Evidence and Procedure (New Zealand) Act 1994 (Cwlth)

( name )
Plaintiff/Appellant

( name )
Defendant/Respondent

[1.90] Schedule 1, form 5.3

omit

[ Heading as in form 5.1 ]

substitute

In the Supreme Court of the Australian Capital Territory

No of ( year )

Evidence and Procedure (New Zealand) Act 1994 (Cwlth)

( name )
Plaintiff/Appellant

( name )
Defendant/Respondent

[1.91] Schedule 1, form 6.1

omit
No of [ year ]

On appeal from [ name of the relevant court, tribunal, body or person ] ¹

Between:
[ name ] Appellant
and
[ name ] Respondent

substitute

No of ( year )

On appeal from ( name of the relevant court, tribunal, body or person )

( name )
Appellant

( name )
Respondent

[1.92] Schedule 1, form 6.2

omit

No of [ year ]

On appeal from [ name of the relevant court, tribunal, body or person ] ¹

Between:

[ name ] Appellant

and

[ name ] Respondent

substitute

No of ( year )

On appeal from ( name of the relevant court, tribunal, body or person )

( name )
Appellant

( name )
Respondent

[1.93] Schedule 1, form 6.3

omit

No of [ year ]

On appeal from the Magistrates Court

Between:

[ name ] Appellant

and

[name] Respondent

substitute

No of ( year )

On appeal from the Magistrates Court

( name )
Appellant

( name )
Respondent

[1.94] Schedule 1, form 6.4

omit

ACTCA No of [ year ]

Interlocutory judgment of [ Judge ] (SC No of [ year ])

Between:

AB Applicant
and

CD Respondent

Notice of motion for leave to appeal from interlocutory judgment

Take notice

substitute

ACTCA No of ( year )

Interlocutory judgment of ( Judge ) (SC No of ( year ))

( name )
Applicant

( name )
Respondent

Take notice

[1.95] Schedule 1, form 6.5

omit

ACTCA No of [ year ]

Judgment of [ Judge/Master ] (SC No of [ year ])

Between:

AB Applicant
and

CD Respondent

Notice of motion for leave to appeal out of time from final judgment

Take notice

substitute

ACTCA No of ( year )

Judgment of ( Judge/Master ) (SC No of ( year ))

( name )
Applicant

( name )
Respondent

Take notice

[1.96] Schedule 1, form 6.6

omit

ACTCA No of [ year ]

[*Appeal from [ Judge/Master ] / Appeal against [*conviction recorded/sentence imposed by [ Judge ] ](SC No of [ year ])

Between

AB Appellant
and

CD Respondent

Notice of appeal

substitute

ACTCA No of ( year )

*[Appeal from ( Judge/Master )/ Appeal against *[conviction recorded/sentence imposed by ( Judge )] (SC No of ( year ))

( name )
Appellant

( name )
Respondent

[1.97] Schedule 1, form 6.7

omit

ACTCA No of [ year ]

[*Appeal from [ Judge/Master ] / Appeal against [*conviction recorded/sentence imposed by [ Judge ] ](SC No of [ year ])

Between:

AB Appellant
and

CD Respondent

Notice of motion for striking out appeal

Take notice

substitute

ACTCA No of ( year )

*[Appeal from ( Judge/Master )/ Appeal against *[conviction recorded/sentence imposed by ( Judge )] (SC No of ( year ))

( name )
Appellant

( name )
Respondent

Take notice

[1.98] Schedule 1, form 6.8

omit

ACTCA No of [ year ]

[*Appeal from [ Judge/Master ] / Appeal against [*conviction recorded/sentence imposed by [ Judge ] ](SC No of [ year ])

Between:

AB Appellant
and

CD Respondent

Notice of discontinuance

substitute

ACTCA No of ( year )

*[Appeal from ( Judge/Master )/ Appeal against *[conviction recorded/sentence imposed by ( Judge )] (SC No of ( year ))

( name )
Appellant

( name )
Respondent

[1.99] Schedule 1, form 6.9

omit

ACTCA No of [ year ]

[*Appeal from [ Judge/Master ] / Appeal against [*conviction recorded/sentence imposed by [ Judge ] ](SC No of [ year ])

Between

AB Appellant
and

CD Respondent

Certificate about appeal papers

substitute

ACTCA No of ( year )

*[Appeal from ( Judge/Master )/ Appeal against *[conviction recorded/sentence imposed by ( Judge )] (SC No of ( year ))

( name )
Appellant

( name )
Respondent

[1.100] Schedule 1, form 6.10

omit

ACTCA No of [ year ]

Appeal against [*conviction recorded/sentence imposed by [ Judge ] ]

(SC No of [ year ]).

Between:

AB Applicant
and

CD Respondent

Application for leave to appeal out of time against conviction or sentence

substitute

ACTCA No of ( year )

Appeal against *[conviction recorded/sentence imposed by ( Judge )]
(SC No of ( year ))

( name )
Appellant

( name )
Respondent

[1.101] Schedule 1, new form 6.11

insert

Form 6.11 Response by director of public prosecutions

(see o 86 r 53)

In the Supreme Court of the Australian Capital Territory

Court of Appeal (jurisdiction exercised by the Registrar)

ACTCA No of ( year )

Appeal against *[conviction recorded/sentence imposed by ( Judge )]

(SC No of ( year )).

( name of applicant )

and

The Queen

The director of public prosecutions—

(a) *[opposes/ consents to/ does not oppose] the application to extend time within which to appeal; and

(b) *[proposes/ does not propose] to file any affidavits in response to the application.

Service of documents—

Business address:

Document exchange box no:*

Postbox no:*

Fax no:*

Email address:*

Date:

Signature of director:

* ( delete if inapplicable )

[1.102] Schedule 1, form 6.11 (Notice of motion to have application for extension of time decided by Court of Appeal)

omit

ACTCA No of [ year ]

Appeal against [*conviction recorded/sentence imposed by [ Judge ] ]

(SC No of [ year ]).

Between:

AB Applicant
and

CD Respondent

Notice of motion to have application for extension of time decided by Court of Appeal

Take notice

substitute

ACTCA No of ( year )

Appeal against *[conviction recorded/sentence imposed by ( Judge )]
(SC No of ( year ))

( name )
Appellant

( name )
Respondent

Take notice

[1.103] Schedule 1, form 6.11 (Notice of motion to have application for extension of time decided by Court of Appeal)

renumber as form 6.12

[1.104] Schedule 1, form 6.12 (Order for production of prisoner)

omit

ACTCA No of [ year ]

Appeal against [*conviction recorded/sentence imposed by [ Judge ] ]

(SC No of [ year ]).

Between

AB Appellant
and

CD Respondent

Order for production of prisoner

substitute

ACTCA No of ( year )

Appeal against *[conviction recorded/sentence imposed by ( Judge )]
(SC No of ( year ))

( name )
Appellant

( name )
Respondent

[1.105] Schedule 1, form 6.12

renumber as form 6.13

[1.106] Schedule 1, form 6.13 (Special case)

omit

ACTCA No of [ year ]

Special case from [ Judge/Master ]

(SC No of [ year ]).

Between:

AB Appellant
and

CD Respondent [ if any ]

Special case

substitute

ACTCA No of ( year )

Special case from ( Judge/Master )
(SC No of ( year ))

( name )
Appellant

( name )
Respondent

[1.107] Schedule 1, form 6.13

renumber as form 6.15

[1.108] Schedule 1, new form 6.14

insert

Form 6.14 Notice of solicitor ceasing to act—Court of Appeal

(see o 86 r 65)

In the Supreme Court of the Australian Capital Territory

Court of Appeal

ACTCA No of ( year )

Appeal against *[conviction recorded/sentence imposed by ( Judge )]

(SC No of ( year )).

( name )
Appellant

( name )
Respondent

( Name of solicitor ) has on ( date ) been given leave to withdraw from acting for ( name of convicted person ) in this matter.

The last-known address of ( name of convicted person ) is: ( last-known address ).

Date:

( signature of solicitor )

( name of solicitor )

[1.109] Schedule 1, form 6.14 (Application for reference appeal)

omit

ACTCA No of [ year ]

Appeal from [ Judge ]

(SC No of [ year ]).

Between

The Queen (the appellant)
and

CD [ the respondent ]

Application for reference appeal

substitute

ACTCA No of ( year )

Appeal from ( Judge )
(SC No of ( year ))

The Queen (the appellant)

and

( name of respondent )

[1.110] Schedule 1, form 6.14 (Application for reference appeal)

renumber as form 6.16

[1.111] Schedule 1, new part 1.7

insert

Part 1.7 Legal practitioners—admission form

Form 7.1 Application for admission

(see Supreme Court (Admission of Legal Practitioners) Rules , r 9 (3))

In the Supreme Court of the Australian Capital Territory

No of ( year )

Legal Practitioners Act 1970

In the application of ( full name of applicant ) to be admitted as a legal practitioner

Application is made to the Court that ( full name of applicant ) be admitted as a legal practitioner under the Legal Practitioners Act 1970, section 11 (1).

Date:

( signature of applicant or applicant's lawyer )
( name of applicant or applicant's lawyer )

The applicant's address for service is: ( state address )

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