This legislation has been repealed.
TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of rules 2. Dictionary 3. Notes 4. Application of rules 5. Meaning of plaintiff and defendant 6. Meaning of lawyer 7. Terms defined in Magistrates Court Act 8. References to forms by number PART 3--INSTITUTION OF PROCEEDINGS 13. Lodgment and filing of originating process 14. Numbering of proceedings 15. Contents of originating process 16. Signing of originating process 17. Proceedings by claim 17A. When proceeding by claim begins 18. Form of claim 19. More than 1 cause of action 20. Division of cause of action 21. Abandonment of excess 22. Proceedings by application 22AA. When proceeding by application begins 22A. Originating process struck out after 1 year PART 4--SERVICE 23. Service of documents generally 24. Service of originating process by post 25. Substituted service 26. Service on legal practitioner 27. Service at address for service 28. Address for service 29. Time of service 30. Proof of service of documents 31. Doubtful service 32. No need for production of original document 33. Waiver of objection to service PART 5--CESSATION AND RENEWAL OF CLAIM 34. Cessation of original claim 35. Renewal of claim 36. Cessation of renewed claim PART 6--DEFENCE, JUDGMENT BY DEFAULT, CONFESSION OR AGREEMENT, AND SPECIAL DEFENCES Division 6.1--Notice of grounds of defence 37. Filing of notice of grounds of defence 38. Form of notice of grounds of defence 39. Service of notice of grounds of defence 40. Reliance on defence not disclosed Division 6.2--Judgment in default of defence 41. Interlocutory judgment by default on ordinary claim 42. Assessment of recoverable amount following interlocutory judgment 43. Judgment by default on special claim Division 6.3--Judgment by confession 44. Judgment by confession Division 6.4--Judgment by agreement 45. Judgment by agreement Division 6.5--Special defences 46. Defence of tender before action 47. Defence of set-off 48. Cross-claim 49. Abandonment of excess of cross-claim 50. Proceedings on cross-claim 51. Trial of cross-claim PART 7--REPLY 52. Filing of reply 53. Form of reply 54. Service of reply 55. Defence to cross-claim PART 8--THIRD-PARTY PROCEDURE 56. Meaning of third party 57. Filing of third-party notice 58. Service of documents 59. Stay of proceedings 60. Rights and liabilities of third party 61. Procedure on hearing 62. Enforcement 63. Subsequent joinder of parties 64. Separate trials 65. Codefendants 66. Costs in proceedings if third party joined PART 9--DISCONTINUANCE AND WITHDRAWAL 67. Discontinuance 68. Withdrawal 69. Costs 70. Effect of discontinuance PART 10--PAYMENT INTO COURT 71. How money paid into court 72. Payment by defendant 73. Form of notice of payment 74. Service of notice of payment into court 75. Abandonment of cross-claim 76. No admission of liability 77. Acceptance of amount paid into court 78. Effect of acceptance of money paid into court 79. Withdrawal of money paid into court 80. Order for payment out after acceptance 81. Payment of money under defence of tender 82. Nondisclosure of payment into court 83. Costs if money paid into court 84. Money paid into court remaining at judgment 85. Lodgment of bond PART 11--PERSONS UNDER DISABILITY 86. Capacity as regards proceedings 87. Liability for costs 88. Entitlement to be next friend or guardian ad litem 89. Appointment of next friend 90. Appointment of guardian ad litem 91. Record of appointee 92. Removal of next friend or guardian ad litem 93. Admission on pleadings 94. Judgment in proceedings if no guardian ad litem appointed 95. Compromise before action 96. Approval of settlement involving person under disability 97. Money recovered by person under disability 98. Service on person under disability PART 12--PLEADINGS AND PARTICULARS Division 12.1--Pleadings generally 99. Paragraphs in pleadings 100. Facts in evidence 101. Brevity 102. Documents and spoken words 103. Presumed facts 104. Conditions precedent 105. Money claims 106. Matters for specific pleading 107. Contributory negligence 108. New matter 109. Departure 110. Points of law 111. Admissions and traverse 112. Joinder of issue 113. Striking out of inadequate etc pleading 114. General issue abolished Division 12.2--Particulars 115. Sufficient particulars 116. Fraud etc 117. Condition of mind 118. Negligence and breach of statutory duty 119. Out-of-pocket expenses etc 120. Amount claimed for property damage 121. How particulars in pleadings given 122. Further and better particulars PART 13--INTERLOCUTORY MATTERS Division 13.1--Interlocutory application 123. Interlocutory applications 124. Hearing of motion 125. Costs on application Division 13.2--Amendment 126. General power of amendment 127. Amendment of pleading without leave 128. Consequential amendment of defence or reply 129. Disallowance of amendment 130. Duration of leave 131. Direction for mode of amendment 132. Simple mode of amendment 133. Mode of amendment of fresh document 134. Service after amendment 135. Statutes of limitation 136. Amendment of judgment, order or certificate to correct error 137. Costs in relation to amendment Division 13.3--Summary judgment 138. Summary judgment for plaintiff 139. Summary stay or dismissal 140. Residue of proceedings 141. Dismissal for want of prosecution Division 13.4--Parties 142. Joinder of parties generally 143. Joint right 144. Common liability 145. Inconvenient joinder of parties 146. Misjoinder and nonjoinder of parties 147. Joinder of parties by order 148. Removal of parties 149. Death, transmission etc 150. Further conduct of proceedings 151. Failure to proceed after death of party 152. Representatives re concurrent interests 153. Deceased person 154. Executors and administrators Division 13.5--Consolidation 155. Consolidation Division 13.6--Admissions 156. Voluntary admissions 157. Notice to admit facts 158. Admission of documents discovered 159. Judgment on admissions 160. Restricted effect of admissions 161. Costs Division 13.7--Interrogatories 162. Interrogatories Division 13.8--Discovery and inspection 163. Notice for discovery 164. Discovery on notice 165. Limitation of discovery on notice 166. Codefendants 167. Order for general discovery 168. Contents of affidavit of discovery 169. Absence of privilege 170. Order for particular discovery 171. Document referred to in pleading or affidavit 172. Order for production 173. Power to take copies 174. Production to court 175. Inspection to decide objection 176. Order only if necessary 177. Default 178. Public interest PART 14--HEARING Division 14.1--Setting down for hearing 179. Certificate of readiness for hearing 180. Application for expedited hearing Division 14.2--Procedure on hearing 182. Court's direction in relation to conduct of hearing 183. Order of presentation of cases 184. Procedure if both parties appear 185. Procedure in absence of party 186. Procedure if neither party appears Division 14.3--Subpoena to witness 187. Issue of subpoena 188. Production by non-party 189. Setting aside of subpoena 190. Production on notice Division 14.4--Adjournment, stay or postponement of proceedings 191. Adjournment of proceedings 192. Stay of proceedings 193. Postponement of hearing by registrar PART 15--EVIDENCE Division 15.1--Evidence generally 195. Oral evidence 196. Evidence by affidavit 197. Examination on oath 198. Proof of court documents 199. Medical evidence 200. Privilege 201. Dispensing with rules of evidence Division 15.2--Examinations de bene esse 202. Order for examination of witnesses Division 15.3--Affidavits 203. Time for swearing affidavits 204. Form of affidavit 205. Irregularity in affidavit 206. Filing and service of affidavit 207. Cross-examination of deponent 208. Contents of affidavits 209. Deponents for affidavits answering interrogatories or of discovery 210. Affidavit by illiterate or blind person 211. Affidavit by person unable to understand English 212. Annexures and exhibits to affidavits 213. Alterations in affidavits 214. Scandalous or offensive matter PART 16--JUDGMENT 215. Powers of court on judgment 216. Damages to time of assessment in certain cases 217. Judgment in actions relating to detention of goods 218. Judgment for costs only 219. Time for compliance 220. Judgment final and conclusive 221. Setting aside of judgment or order 222. Setting aside of judgment entered irregularly 223. Time of effect of judgment or order 224. Reservation of judgment or decision 225. Minute of judgment 226. Formal order for judgment 227. Evidence of judgment 228. Joint liability 229. Setting off of judgments 230. Interest up to judgment 231. Judgment by default, confession or agreement—interest 232. Judgment for interest only 233. Amendment of claim for interest 234. Interest on judgments 235. Limitation periods 236. Payment of judgment debts generally 237. Payment of part of judgment debt 238. Entry and enforcement of judgment in Supreme Court PART 17--INTERPLEADER 239. Meaning of property for pt 17 240. Interpleader by defendant 241. Interpleader by bailiff 241A. When interpleader proceeding begins 242. Notice of application for relief 243. Interpleader proceedings 244. Service of documents 245. Adverse titles PART 18--COSTS Division 18.1--General 246. Costs in discretion of court or to follow event 247. Time for exercise of court's powers in relation to costs 248. Fixing of costs 249. Agreement about costs 250. Entitlement to taxation 251. Costs part of judgment debt 252. Court's power about costs if no jurisdiction 253. Power of court to vary entitlement to taxed costs 254. Time for payment of costs 255. Taxation if judgment subject to appeal etc 256. Noncompliance with rules or order 257. Liability of solicitor for costs 257A. Costs—certain applications under Common Boundaries Act Division 18.2--Particular items 258. Nature of costs to be allowed or disallowed on taxation 259. Scale of costs 260. Scale of costs for proceedings on cross-claim 261. Scale of costs in enforcement proceedings 262. Scale of costs in proceedings if there are separate judgments against 263. Amount paid to nonlegal representative 264. Retainer to legal practitioner 265. Brief fees paid to more than 1 barrister 266. Refresher fees 267. Fees when barrister absent 268. Reckoning of 5 hour periods 269. Amounts paid to witnesses 270. Expenses of preparing plans etc 271. Disbursements 272. Costs not otherwise provided for Division 18.3--Taxation 273. Filing, and appointment to tax, bill of costs 274. Contents of bills of costs 275. General powers of registrar on taxation 276. Notice of adjournment of taxation proceedings 277. Report to court 278. Reference to court for directions 279. Default of party entitled 280. Cross costs 281. Certificate of taxed costs 282. Review of taxation 283. Costs of proceedings before registrar on taxation 284. Fee to barrister on taxation proceedings 285. Attendance of parties on taxation Division 18.4--Security for costs 286. Security for costs PART 19--ENFORCEMENT OF JUDGMENTS Division 19.1--Preliminary 287. Interpretation for pt 19 288. Exercise of powers 289. Costs 290. Court Procedures Act 2004, s 81 not to apply 291. Court may exercise powers of registrar Division 19.2--Orders at time of judgment 292. Instalment and garnishee orders 293. Order for issue of writ of execution Division 19.3--Examination procedures 294. Notice requiring financial information 295. Issue of examination summons 296. Content of examination summons 297. Service of examination summons 298. Examination of judgment debtor 299. Orders following examinations 300. Report of certain examinations 301. Subsequent examinations 302. Failure to attend in answer to summons 303. Warrants 304. Police assistance 305. Examination after issue of warrant 306. Refusal to be examined 307. Registrar may adjourn examination Division 19.4--Instalment orders 308. Instalment orders on application by judgment debtor 309. Instalment orders by agreement 310. Objection by judgment creditor to instalment order 311. Hearing by court 312. Service of instalment orders 313. Judgment creditor may apply for variation or revocation 314. Stay of enforcement of judgment 315. Payment to judgment creditor 316. Default Division 19.5--Garnishee orders 317. Orders on application to registrar 318. Grounds for refusing orders 319. Form and effect of orders 320. Service of garnishee orders 321. Stay of garnishee orders attaching earnings 322. Part only of earnings may be attached 323. One order attaching earnings to operate at a time 324. Limitations on payments under orders attaching earnings 325. Accounts with authorised deposit-taking institutions 326. Direct crediting—veterans' pensions 327. Payments by garnishees 328. Time for payment 329. Notice by garnishee to judgment creditor 330. Application to vary or revoke garnishee order 331. Application for instalment order 332. Determination of application 333. Court may order writ of execution to be issued 334. No debts due or accruing 335. Failure to comply with order 336. Lien or claim of third party on debt 337. Excess paid by garnishee 338. Reduction of attached debt 339. Deductions by garnishees 340. Judgment debtor ceases employment 342. Stay of enforcement of judgment Division 19.6--Execution against personal property 343. Issue of writs of execution 344. Leave to issue required in certain circumstances 345. Form of writ of execution 346. Priority and duration of writs 347. Seizure of property for sale 348. Seizure of money and things in action 349. Entry, search and seizure—bailiff's powers 350. Safekeeping of property seized 351. Property seized not abandoned 352. Removal of property seized 353. Notice of seizure 354. Exempt property 355. Stay of sale of property seized 356. Payment preventing execution 357. Suspension of execution by judgment creditor 358. Agreements to withdraw and re-enter 359. Deposit to cover costs of execution 360. Conditions of sale 361. Time of sale 362. Postponement 363. Determining market value 364. Judgment debtor may challenge market value 365. Sale by public auction 366. Sale by private agreement 367. Terms about payment 368. Sale price to be recorded 369. Purchase by bailiffs or auctioneer prohibited 370. Auctioneer to account 371. Surplus sale proceeds paid to judgment debtor 372. Costs of execution 373. Payment of amounts raised to registrar 374. Proceeds of writ 375. Account 376. Order for disposal 377. Property to be returned to judgment debtor 378. Separate execution for costs 380. Liability of bailiffs Division 19.7--Miscellaneous 380A. Enforcement of payment directed by Essential Services Consumer Council 380B. Keeping of records 380C. Service and execution of process 380D. Notice of service of process 380E. Receipt for money 380F. Return on writ 380G. Notices 380H. Bailiff not to act as agent PART 21--APPEALS TO SUPREME COURT 388. Application for leave to appeal 389. Institution of appeal 390. Substituted service of notice of appeal PART 22--SMALL CLAIMS COURT Division 22.1--Preliminary 394. Definitions for pt 22 394A. Explanatory material in forms etc 395. Application of rules to small claims proceedings Division 22.3--Commencement of proceedings 403. Assistance to members of public 404. Originating applications 405. Single application for each matter 406. Debt declarations 407. Interest claims 408. Service of originating applications 409. Amendments Division 22.4--Pre-conference procedures 410. Application—common boundaries applications 411. Response 412. Admission of liability 413. Admission of liability—payment of money 414. Admission of liability—bonds 415. Admission of liability—acceptance by applicant 416. Contested applications—conferences and inquiries 417. Failure to respond Division 22.5--Striking out application 418. Originating applications struck out after 1 year Division 22.6--Conferences 419. Directions for conferences 420. Conference objectives 421. Variation of conference fixtures 422. Representation at conferences 423. Persons entitled to be present 424. Adjournment 425. Consent judgments 426. Failure of conciliation—direction for inquiry 428. Failure to attend conference Division 22.7--Inquiries Subdivision 22.7.1--General procedure 429. Directions for inquiries 430. Inquiries—constitution of Small Claims Court 431. Inquiry procedure 432. Investigators 433. Giving evidence by oath or affirmation 434. Representation at inquiries 436. Interlocutory applications 437. Adjournment of inquiry 438. Transfer of small claims proceedings to general jurisdiction of 439. Transfer of proceedings in general jurisdiction of court to small claims 440. Discontinuance 441. Failure to appear 442. Dismissal for abuse of process 443. Restoration of proceedings Subdivision 22.7.2--Witnesses and evidence 444. Subpoena 445. Subpoena to produce 446. Retention of subpoenaed documents and things 447. Witness fees and expenses 448. Enforcement of subpoena Subdivision 22.7.3--Judgments 450. Finality of judgments 451. Consent judgments 452. Form of judgments 453. Counterclaims and set-offs 454. Interest up to judgment—Small Claims Court 455. Interest on judgment debts 456. Costs 457. Orders to perform work 458. Orders to perform work—conditions for payment 459. Goods orders 460. Trespass 461. Debt declarations—orders 462. Other orders Subdivision 22.7.4--Enforcement of judgments 463. Application of rules 464. Joint liability 465. Notice—orders made in person's absence 466. Enforcement of orders by executors and administrators 467. Payment of money under judgment Division 22.8--Service of documents 468. Service 469. Doubtful service PART 23--MISCELLANEOUS 472. Headings of court documents 473. Requirements for documents 474. Power of court in relation to scandalous etc documents 475. Notice of rejection of documents 476. Signature of legal practitioner on documents 477. Sealing duplicate documents 479. Magistrate in chambers 480. Chamber business 481. Consent orders 482. Right of appearance 483. Review of decisions of registrar 484. Representation by legal practitioner 485. Appointment of legal practitioner 486. Change of legal practitioner 487. Time of effect of change etc of legal practitioner 488. Corporations acting in person 489. Reckoning of time 490. Extension and abridgment of time 491. Fixing of times 492. Irregularity in proceedings 493. Restoration of proceedings struck out 494. Certified copies of official records 495. Records of default judgments 496. Infant plaintiffs SCHEDULE 1 DICTIONARY ENDNOTES