SUPREME COURT RULES 2000 - (S.R. 2000, NO. 8)

Tasmanian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

SUPREME COURT RULES 2000 - (S.R. 2000, NO. 8)

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

1. Short title
2. Commencement

PART 2 - Application, Interpretation and Preliminary Matters

Division 1 - Preliminary

3. Application of these rules
3A. Admiralty jurisdiction
4. Special provisions made by other rules
5. Interpretation
5A. Prescribed rates of interest for administration proceedings, pre-judgment interest and post-judgment interest
6. Notices
7. Forms
8.
9. Court acting on own motion or on application
10. Directions as to proper procedure
11. Corporations to act by practitioner
12. Acting by practitioner

Division 2 - Failure to comply with the rules

13. Setting aside for irregularity
14. Application to set aside for irregularity
15. Wrong originating process

PART 3 - Seals, Registries and Sheriff

Division 1 - Seals and Registries

16. Seal of the Court
17. Office seals
18. Affixing of seal
19. Court holidays
20. Office hours
21. Management of Principal Registry
22. Authority of district registrar
23. Proceedings in district registries
24. Management of district registries
25. Officers subject to order or direction of Court
26. Custody of documents
27. Documents required for hearing
28. Transmission of documents between registries
29. Removal of documents from registry
30. Power of clerks
31. Prepayment of fees
32. Indexes of judgments, orders and files
33. Searches
34. Filing of certificates
34A. Certificate of finalisation
35. Office copies
36. Documents deposited or left in registry
37. Attendance away from place of discharge of duties
38. Directions to registrar
39. Rules of Court

Division 2 - Sheriff

40. Attendance of Sheriff in Court
41. Documents to be left with Sheriff with written instructions
42. Verification of service or execution
43. Returns
44. Return that person not found
45. Return of writ

PART 4 - Time

46. Calculation of periods of sittings
47. Computation of number of days
48. Vacation excluded for certain purposes
49. Service
50. Exclusion of certain days
51. Expiry of period on closed day
52. Extension or abridgment of period
53. Extension of period by consent
54. Fixing of period
55. Notice after delay of one year
56. Notice after delay of 6 years

PART 5 - Jurisdiction as to costs

57. Costs in discretion of Court
58. Costs of proceedings tried before judge of an inferior court or referee
59. Costs of cause removed from inferior court
60. Costs due to neglect of counsel or practitioner
61. Costs due to delay or misconduct of practitioner
62. Costs of practitioner litigation guardian
62A. Liability of litigation guardian for costs
63. Costs not to be out of estate
64. Costs to be out of legacy
65. Costs of incidental applications
66. Costs of application not disposed of
67. Costs reserved
68. Costs for unnecessary proceedings
69. Costs unnecessarily incurred

PART 6 - Suitors' fund

70. Interpretation of Part 6
71. Payment out of Court
72. Remission of money by Principal Registrar
73. Evidence
74. Investment of money in Court
75. Interest on money in common fund
76. Interest on money not in common fund
77. Reserve fund

PART 7 - Proceedings

Division 1 - Documents

78. Requirements for documents
79. Identification of party
80. Statement of numbers
81. Copies of documents

Division 2 - Filing

82. Filing in Court act of an officer
82A. Frivolous or vexatious writ, &c.
83. Lodgment for filing
84. Documents delivered to a document exchange
85. Document not having intended effect
86. Application to judge if document is returned
87. Construction of certain references

Division 2A - Emailing and filing, &c., of electronic documents

87A. Limitation on electronic documents
87B. Approved formats, email addresses and cover letters
87C. Electronic signatures
87D. Electronic office seals
87E. Electronic lodgment for filing
87F. Effecting electronic service
87G. Affidavits
87H. Original documents generally

Division 3 - Commencement of proceedings

88. Actions
89. Applications to Court
90. Applications to judge in chambers
91. Habeas corpus
92. Multiple claims
93. Certain judgments in open court
94. Directions as to matters to be dealt with in court
95. Change of course of proceedings

Division 4 - Originating process generally

96. Originating process
97. Title and heading of causes and matters
98. Appearing if served within jurisdiction
99. Appearing if served out of jurisdiction
100. Address of defendant or respondent
101. Address of plaintiff or applicant
102. Concurrent writ or originating application
103. Declaratory judgment

Division 5 - Writs

104. Form of writ
105. Issue of writ
106. Filing of writs
107. Duration of writ

Division 6 - Endorsement of claim on writ

108. Endorsements
109. Insufficient endorsement
110. Claim of general relief not necessary
111. Representative capacity
112. Claim for possession of land
113. Claim in detinue
114. Claim for account
115. Claim in defamation
116. Claim for unliquidated damages
117. Alteration of claim without amendment of writ

Division 7 - Originating applications

118. Form of originating application
119. Commencement of originating application
120. Application for attachment or to strike off
121. Notice of oral evidence
122. Service of originating application
123. Time for service
124. Amendment of notice of hearing
125. Appearance
126. Applications as to purchase money

Division 8 - Practitioners and address for service

127. Declaration of authority of originating process
128. Address for service
128A. Fictitious address
129. Change of practitioner or address for service
130. Name of practitioner taken off record
131. Applications between client and practitioner

Division 9 - Service

132. Personal service
133. Originating process to be served personally
134. Service on practitioners
135. Effecting personal service
136. Service on persons under disability
137. Service on corporations
138. Service on unincorporated bodies
139. Service on agents
140. Recovery of land
141. Substituted service
142. Service of judgments and orders
143. Affidavits of service
144. Manner and time of service when not personal
145. Service of notices from Court
146. Service if no appearance or no address for service
146A. Notice of serving by filing
146B. Confirmation of informal service

Division 10 - Service of originating process outside Australia

146C. Interpretation of Division 10
147. Application of rules
147A. Service outside of Australia – when allowed without leave
147B. Service outside of Australia – when allowed with leave
147C. Court's discretion whether to assume jurisdiction
147D. Notice to person served outside of Australia
147E. Time for filing appearance
147F. Leave to proceed where no appearance by person
147G. Service of other documents outside of Australia
147H. Mode of service
148. Lodgment of documents
149. Translations
150. Request and undertaking
151. Procedure on lodgment
152. Evidence of service
153. Order for payment of expenses of service

Division 11 - Appearance

154. Appearance generally
155. Filing of notice of appearance
156. Filing of notice of appearance in different registry
157. Duplicate notice of appearance
158. Transfers of action to other registry
159. Addresses in notice of appearance
160. No address
161. Entry in register of proceedings
162. Several defendants
163. Appearance not entered on undertaking
164. Late appearance
165. Person not named may defend for land
166. Limitation of defence in action for recovery of land
167. Setting aside service before appearance
168. Conditional appearance

Division 12 - Joinder of claims and parties and adding and deleting parties

169. Joining causes of action
170. Claims for the recovery of land
171. Claims by trustee in bankruptcy
172. Claims by or against spouses
173. Claims by or against trustees and personal representatives
174. Joint and separate claims
175. Counterclaim in case of misjoinder
176. Joinder of defendants
177. Joining parties jointly and severally liable
178. Joining defendants in cases of doubt
179. Persons claiming jointly, severally or in the alternative may be plaintiffs
180. Defendant or respondent with partial interest
181. Amendment on misjoinder of parties
182. Abatement
183. Management of estate during proceeding
184. Adding or deleting parties
185. Parties altered by order on change of interest
186. Direction to serve a person not a party
187. Use of initial letters
188. Consolidation

Division 13 - Intervention by the Attorney-General

189. Intervention
190. Application for leave to intervene
191. Discharge of order

Division 14 - Counterclaims and cross-applications

192. Counterclaim and set-off
193. Cross-applications
194. Multiple counterclaims
195. Counterclaim against person not a party
196. Cross-application against person not a party
197. Procedure for counterclaim or cross-application against a person not a party
198. Inconvenient counterclaims and cross-applications
199. Counterclaim or cross-application if action stayed
200. Judgment for balance

Division 15 - Third and subsequent party and co-defendant procedure

201. Interpretation of Division 15 of Part 7
202. Third party notice
203. Form, issue and service of notice
204. Effect of service of third party notice
205. Appearance
206. Default by third party
207. Default by third party before trial
208. Third party directions
209. Judgment in third party proceedings
210. Fourth and subsequent parties
211. Codefendants
212. Contribution between parties

Division 16 - Interpleader

213. Interpretation of Division 16 of Part 7
214. Relief by way of interpleader
215. Application for interpleader relief
216. Stay of action
217. Matters to be proved
218. Adverse titles of claimants
219. Claimant appearing on an application
220. Claimant not appearing on the application or failing to comply with order
221. Order for sale of goods seized in execution
222. Discovery, evidence and trial
223. Interpleader orders in several proceedings
224. Claim to property taken in execution
225. Application to Crown

Division 17 - Pleadings

226. Form of pleadings
227. Statements in pleadings
228. Requirement of further pleading
229. Relief claimed
230. Inconsistent pleading
231. Technical objection
232. Denial to be substantial answer
233. Pleading not to raise new ground
234. Contents of document
235. Effect of denial of contract
236. Conditions precedent
237. Allegation of implied contract or relationship
238. Allegation of malice, intent or knowledge
239.
240. Allegation of notice
241. Account stated
242. Amount of unliquidated damages
243. Denial of allegations to be pleaded
244. Plea of title unnecessary
245. No plea in abatement
246. Representative capacity and constitution of partnership to be specifically denied
247. Plea not to be used
248. Demurrer not to be pleaded
249. Points of law may be raised by pleadings
250. Allegations not denied are admitted
251. Pleading to avoid surprise
252. Defence arising after action commences
253. Further particulars of pleading
253A. Plaintiff to advise defendant of nature of injuries, &c.
254. Joinder of issue on particular paragraph or fact
255. Joinder of issue on part of immediately preceding pleading
256. No joinder of issue on a denial or refusal to admit
257. Default in delivering reply or subsequent pleading
258. Striking out certain matters
259. Striking out pleading

Division 18 - Building disputes

260. Application of Division 18
261. Delivery of schedule
262. Return of schedule
263. Completion of schedule

Division 18A - Defamation actions

263A. Pleadings to give necessary particulars
263B. Allegations in statements of claim generally
263C. Defamation defences generally
263D. Defence of justification
263E. Defence of contextual truth
263F. Defence of absolute privilege
263G. Defence for publication of public documents
263H. Defence of fair report of proceedings of public concern
263I. Defence of qualified privilege
263J. Defence of honest opinion
263K. Defence of fair comment
263L. Defence of innocent dissemination
263M. Defence of triviality
263N. Particulars concerning grounds that defeat defamation defences

Division 19 - Filing and delivery of pleadings

264. Filing and delivery of pleading
265. Delivery of statement of claim
266. Filing and delivery of defence
267. Delivery of defence to counterclaim, reply and subsequent pleadings

PART 8 - Payment into and out of court

268. Payment into Court by defendant
269. Acceptance by plaintiff of money paid into Court
270. Part of money paid into Court taken out
271. Interest
272. Payment into Court by more than one defendant
273. Compensation recovery
274. Payment into Court on counterclaim
275. Payment into Court not to be pleaded
276. Payment out of Court
277. Notice of payment into Court under an order
278. Payment out in the case of small intestate estates

PART 9 - Offer of compromise

279. Interpretation of Part 9
280. Offer of compromise
281. Form of offer
282. Acceptance of offer of proportion of unliquidated sum
283. Acceptance of offer
284. Costs
285. Offer of compromise to be without prejudice
286. Disclosure of offer to Court
287. Party under disability
288. Failure to comply with accepted offer
289. Costs in relation to failure to accept offer
290. Multiple defendants
291. Offer to contribute

PART 10 - Parties

Division 1 - Persons under disability

292. Person under disability as party
293. Appointment of litigation guardian
294. Persons not to be litigation guardian
295. Appointment by Court or judge of litigation guardian
296. Removal of litigation guardian
297. Litigation guardian in proceedings in chambers
298. Consent on behalf of person under disability
299. Compromise by person under disability
300. Control of money recovered by persons under disability
301. Costs of plaintiff under disability

Division 2 - Executors, administrators and trustees

302. Application of Division 2 of Part 10
303. Representation of unascertained persons
304. Compromises
305. Beneficiaries
306. Deceased person

Division 3 - Partners and sole proprietors

307. Application to proprietary clubs
308. Actions by and against firms and proprietary clubs
309. Disclosure of partners' names
310. Service
311. Appearance by partners
312. Execution of judgment against a firm
313. Application to actions between firms and members
314. Persons trading under another name

Division 4 - Societies

315. Interpretation of Division 4 of Part 10
316. Application
317. Members of society may sue
318. Claims may be joined
319. Enforcement of claim
320. Officer to be joined as coplaintiff or codefendant
321. Claim against members
322. Service of writ
323. Appearance by formal codefendant
324. Names to be supplied
325. Supply of names
326. Conditional appearance by formal codefendant
327. Application to strike out conditional appearance
328. Judgment against society as plaintiff
329. Judgment against society as defendant
330. Enforcement of judgment
331. Enforcement of judgment against members of society
332. Judgment for injunction
333. Claims against members otherwise than as members
334. Claims against officers

Division 5 - Representative proceedings

335. Application of Division
335A. Interpretation
335B. Originating process
335C. Opt-out notices
335D. Procedural applications

Division 5A - Representative defendants

336. Numerous defendants

Division 6 - Notice of constitutional matters

337. Interpretation of Division 6 of Part 10
338. Notice of constitutional matter
339. Filing and service of notice

PART 11 - Judgments

Division 1 - Judgment by consent

340. Order for judgment by consent
341. Judgment by consent on filing memorandum

Division 2 - Judgment in default of appearance or pleading

342. Interpretation of Division 2 of Part 11
343. Application of Division 2 of Part 11
344. Judgment not to be entered by party to marriage
345. Default of appearance of person under disability
346. Proof of service and default
347. Final judgment for liquidated demand
348. Interlocutory judgment for unliquidated demand
349. Liquidated demand, detention of goods and damages
350. Recovery of land and mesne profits
351. Judgment for part unanswered by defence
352. Default by any other party
353. Default in actions not otherwise specially provided for
354. Effect of judgment by default
355. Judgment by default set aside

Division 3 - Summary judgment for plaintiff

356. Application by plaintiff for summary judgment
357. Manner of application
358. Judgment for plaintiff
359. Leave to defend
360. Application for summary judgment on counterclaim
361. Directions
362. Dismissal of application
363. Right to proceed with residue of action or counterclaim
364. Judgment for delivery up of chattel
365. Relief against forfeiture
366. Setting aside judgment

Division 4 - Summary judgment for defendant

367. Defendant may apply for summary judgment
368. Plaintiff may show cause
369. Judge may order examination of parties
370. Order directing action to proceed

Division 5 - Judgment on failure to prosecute or comply with an order

371. Judgment upon non-delivery of statement of claim
372. Judgment upon failure to make discovery
373. Stay on non-payment of costs
374. Setting aside judgment

PART 12 - Discontinuance and withdrawal

375. Withdrawal of appearance
376. Discontinuance of action
377. Discontinuance of originating application
378. Costs of discontinuance
379. Discontinuance
380. Subsequent proceeding stayed until costs paid

PART 13 - Discovery and interrogatories

Division 1 - Interpretation

381. Interpretation of Part 13

Division 1A - Discovery and inspection of documents

382. Mutual discovery of documents
383. Discovery by parties without order
384. List and affidavit
385. Parties entitled to copy of list of documents
386. Order for discovery
387. Order for determination of issue before discovery
388. Order for discovery of particular documents
389. Discovery to be ordered only if necessary
390. Inspection of documents referred to in list
391. Inspection of documents referred to in pleadings or affidavits
392. Order for production for inspection
393. Failure to comply with order concerning discovery
394. Order for production to Court
395. Determination of claim for privilege
396. Use in evidence
397. Revocation and variation of orders
398. Admission and production of documents specified in list

Division 2 - Admissions and production of documents

399. Notice to admit documents
400. Notices to produce documents
401. Notice to admit facts
402. Admission of opposite case
403. Order of Court during action

Division 2A - Preliminary discovery and discovery from non-party

403A. Interpretation of Division 2A of Part 13
403B. Privilege
403C. Discovery to identify a defendant
403D. Rule 403C applies in relation to party to proceeding
403E. Discovery from prospective defendant
403F. Rule 403E applies in relation to party to proceeding
403FA. Discovery from non-party
403G. Costs and expenses of compliance
403H. Costs orders in other proceedings

Division 3 - Interrogatories

404. Interpretation of Division 3 of Part 13
405. Interrogatories
406. Matters for interrogatories
407.
408. Form of interrogatories
408A. When leave is required
409. Answers to interrogatories and affidavit verifying
410. Application for order by person interrogating
411. Failure to comply with order concerning interrogatories
412. Interrogatories to corporation
413. Use of answers to interrogatories

PART 14 - Pre-trial directions

Division 1 - Case management

414. Application of Division 1 of Part 14
414A. Purpose of case management
415. Directions hearing
416. Setting down for trial
417. Costs of unnecessary applications

Division 2 - Directions

418. Application of Division 2 of Part 14
419. Application for directions
420. Circumstances of application
421. Matters to be specified
422. Affidavit not to be used
423. Adjournment
424. Costs of unnecessary application
425. Order on hearing of application
426. Variation of orders

PART 15 - Amendment

427. Amendment of endorsement or pleadings
428. Amendment of statement of claim without leave
429. Amendment of set-off or counterclaim without leave
430. Amendment by consent
431. Costs
432. Amended pleading may be disallowed
433. Mode of amendment
434. Amended pleading to meet amendment
435. Clerical mistakes in judgments

PART 16 - Detention, preservation and inspection of property

436. Preservation or interim custody of property
437. Detention, preservation or inspection of property
438. Order for sale of perishable goods
439. Time of application
440. Order for recovery of specific property
441. Allowance of income of property
442. Inspection by judge and jury

PART 17 - Injunctions

443. Injunction against wrongful act or breach of contract
444. Application for order
445. Damages for injunction wrongly granted

PART 18 - Receivers

446. Application
447. Receiver to file consent
448. Security by and allowance to receivers
449. Security does not exceed $10 000
450. Adjournment into chambers
451. Leaving and passing accounts and paying balances
452. Account on discharge of receiver
453. Death of receiver
454. Form of receivers’ accounts
455. Leaving account at registry
456. Failure to leave and pass accounts and pay balances
457. Consequences of default by receiver

PART 19 - Evidence

Division 1 - Evidence generally

458. Evidence of witnesses
459. Evidence by affidavit on the trial of an action
460. Limitation of medical and expert evidence
461. Limitation of plans in evidence
462. Variation of orders
463. Cross-examination of deponent
464. Depositions not to be given in evidence
465. Use of deposition on trial
466. Notice to use affidavit or deposition at trial
467. Office copies admissible in evidence
468. Verification of new trustee's consent to act
469.
470. Reading evidence
471. Evidence in subsequent proceedings
472. Order to attend for examination or produce document
473. Failure to make an affidavit
474. Documents and exhibits

Division 2 - Evidence by deposition

475. Interpretation of Division 2 of Part 19
476. Order for depositions
477. Examination
478. Time and place of examination
479. Method of examination
480. Oaths
481. Attendance of witnesses
482. Examination of additional witnesses
483. Objection by witness to questions
484. Recording and signature of depositions
485. Depositions to be transmitted to registry
486. Endorsement of depositions
487. Inability of examiner to take examination
488. Examiner's fees and expenses
489. Deposits
490. Special report by examiner
491. Refusal of person to attend or to be sworn
492. Costs incurred by refusal or objection
493. Action to perpetuate testimony

Division 3 - Subpoenas

494. Interpretation
495. Issuing of subpoena
496. Form of subpoena
496A. Alteration of date for attendance or production
497. Setting aside or other relief
498. Service
499. Compliance with subpoena
500. Production otherwise than upon attendance
500A. Removal, return, inspection, copying and disposal of documents and things
500B. Inspection of, and dealing with, documents and things produced otherwise than on attendance
500C. Disposal of documents and things produced
500D. Costs and expenses of compliance
500E. Failure to comply with subpoena – contempt of court
500F. Documents and things in the custody of a court

Division 4 - Affidavits

501. Form of affidavit
502. Affidavits generally
503. Affidavits by illiterate or blind persons
504. Affidavits made by 2 or more deponents
505. Alterations in affidavits
506. Use of defective affidavits
507. Affidavits to be filed
508. Scandalous material
509. Affidavit in support of application for dealing with security in Court
510. Service of affidavits
511. Affidavits sworn within Australia
512. Affidavits sworn outside Australia
513. Affidavit sworn before practitioner or agent

Division 5 - Expert opinion evidence

514. Interpretation of Division 5 of Part 19
514A. Application of Division 5 of Part 19
515. Expert evidence
516. Service of statement of expert evidence
517. Statement of other party evidence

PART 20 - Mediation

518. Referral for mediation or neutral evaluation not to operate as a stay
519. Conduct of mediation
520.
521. Report of plaintiff
522.
523. Costs of mediation or neutral evaluation

PART 21 - Interlocutory applications

524. Interlocutory applications generally
525. Making of interlocutory applications
526. Hearing date and time for applications
527. Former practice as to motions and summonses
528. Applications for consent orders
529. Period for service of applications
530. Ex parte applications
531. Failure to serve
532. Trial of issues
533. Service of interlocutory application before expiration of period
534. Notice of intention to adduce oral evidence
535. Papers for use of judge
536. Further consideration
537. Failure of a party to attend
538. Duties of associate

PART 22 - Trials

Division 1 - Setting down for trial

539. Interpretation of Division 1 of Part 22
540. Application of Division 1 of Part 22
541. Compulsory conference in actions
542. Compulsory conference in other proceedings
543. Convening compulsory conference
544. Certificate of readiness
545. Joint letter of readiness
546. Failure to sign certificate or joint letter of readiness
547. Notice of pre-trial conference
548. Listing of proceeding for trial
549. Pre-trial conferences
550. Powers of judge at pre-trial conference
551. Pre-trial orders
552. Applications for directions in certain cases
553. Division not limited

Division 2 - Place and mode of trial

554. Place of trial
555. Order for place of trial
556. Mode of trial
557. Trial with a jury
558. Issue requiring prolonged examination
559. Questions of fact or law tried differently
560. Trial with assessors
561. Trial by other adjudicator
562. Trial of proceeding on affidavit
563. Setting aside judgment

Division 3 - Special case

564. Application of Division 3 of Part 22
565. Special case by agreement
566. Special case by order before trial
567. Person under disability
568. Agreement of damages and costs

Division 4 - Trial

569. Order of evidence and addresses
570. Absence of party at trial
571. Adjournment of trial
572. Adjournment from chambers
573. Entry of judgment after trial

Division 5 - References out of Court

574. Reference of questions
575. Report on reference
576. Status of special referee
577. Duties of special referee
578. Remuneration of special referee
579. Powers of special referee
580. Submission of question to Court
581. Costs
582. Application to other persons

Division 6 - Assessment of damages or value

583. Assessments of damages or value
584. Division 1 and Division 4 to apply
585. Procedure if judgment by default
586. Calculation of damages
587. Damages in respect of continuing cause of action

PART 23 - Recording of proceedings

588. Recordings of proceedings in court
589. Transcripts of proceedings
590. Charge for transcripts
591. Retention of tapes or apparatus
592. Costs of transcripts

PART 24 - Issues, accounts and inquiries

593. Preparation of issues
594. Inquiry or account
595. Directions for account
596. Application to proceed with accounts and inquiries
597. Form of account
598. Surcharge
599. Just allowances
600. Delay

PART 25 - Mortgages, estates, trusts and sale of land

Division 1 - Summary proceedings by mortgagee for delivery of possession

600A. Interpretation of Division 1
601. Application for delivery of possession
602. Payment before hearing

Division 2 - Administration of estates and execution of trusts

603. Interpretation of Division 2 of Part 25
604. Relief without general administration
605. Parties
606. Court or judge not bound to order administration
607. Order for accounts
608. Interference with discretion of trustee
609. Determination of question of fact
610. Judge may require separate representation
611. Notice of judgment or order

Division 3 - Sale of land by order of Court

612. Interpretation of Division 3 of Part 25
613. Order for sale of land
614. Manner of sale
615. Affidavit of value
616. Certificate of result of sale
617. Sale out of Court
618. Mortgage, exchange or partition

Division 4 - Conveyancing counsel

619. Appointment of conveyancing counsel
620. Reference by Court to conveyancing counsel
621. Objection to opinion of conveyancing counsel
622. Procedure on reference

PART 26 - Relief similar to certiorari, mandamus and prohibition and writs of habeas corpus

Division 1 - Relief similar to certiorari, mandamus and prohibition

623. Applications
624. General orders to show cause
625. Service of general orders
626. Notices
627. Forms of relief
628. Return before Full Court
629. Hearing on return of general orders
630. Orders under rule 627(2)(a) , (b) or (c)

Division 2 - Relief similar to certiorari

631. Restrictions on grant of relief similar to certiorari
632. Quashing on return of order

Division 3 - Relief similar to mandamus

633. Order to command act
634. When order is returnable
635. Return of order
636. Judgment to obtain peremptory order
637. Substitution of persons
638. Quashing of return
639. Claim for relief similar to mandamus in action

Division 4 - Relief similar to procedendo and quo warranto

640. Relief similar to procedendo
641. Application for leave to exhibit information
642. Facts set out in information
643. Information to state names
644. Pleadings and subsequent proceedings
645. Disclaimers
646. Consolidation
647. Consolidation or stay on application of respondent

Division 5 - Habeas corpus

648. Application for writ or order
649. Requirement for verified copy of order
650. Service
651. Return to writs
652. Discharge without writ
653. Attachment for contempt
654. Proceedings on return of writ

PART 27 - Appeals

Division 1 - Appeals from judge to Full Court

655. Interpretation of Division 1 of Part 27
656. Application of Division 1 of Part 27
657. Appeal to be by way of rehearing
658. Appeal from judge in chambers
659. Time for institution of appeal
660. Institution of appeal
661. Service of notice of appeal
662. Appeal in proceedings in district registry
663. Transmission of documents from district registry
664. Notice of cross-appeal
665. List of documents to be included in appeal book
666. Settlement of appeal book
667. Cases in which evidence is lengthy
668. Appeal books
669. Filing of appeal book
670. Setting down of appeal
671. Security for costs
672. Powers of the Full Court
673. Non-appearance of party
674. Return of file to Principal Registrar
675. Appellant may have appeal dismissed
676. Appeal not to stay proceedings
677. Interest if execution delayed by appeal
678. Notice to parties under section 15(8) of Act
679. Application for leave to appeal
680. Appeal from refusal of ex parte application

Division 1A - Appeal from Associate Judge

680A. Appeal from Associate Judge

Division 2 - Appeals from and cases stated by inferior courts

681. Interpretation of Division 2 of Part 27
682. Application of Division 2 of Part 27
683. Hearing of appeal
684. Period for institution of appeal
685. Notice of appeal
686. Institution of appeal
687. Service of notice of appeal
688. Judge of inferior courts to record proceedings
689. Obtaining documents from inferior court
690. Setting down appeal
691. Setting aside notice of appeal
692. Reference to Full Court
693. Powers of Court on hearing appeal
694. Return of documents to inferior court

Division 3 - Stated case

695. Application of Division 3 of Part 27
696. Preparation of case
697. Transmission of case
698. Listing of case
699. Hearing of case
700. Reference to Full Court

Division 4 - Appeal from and case stated by statutory tribunals other than courts

701. Interpretation of Division 4 of Part 27
702. Application of Division 4 of Part 27
703. Hearing of appeals
704. Certain rules to apply
705. Notice of appeal
706. Period for institution of appeal
707. Institution of appeal
708. Setting down appeal
708A. Applicant may have appeal dismissed
709. Powers of Court or judge
710. Rules as to stated case
711. Hearing of case

Division 5 - Appeal from referee

712. Interpretation of Division 5 of Part 27
713. Appeals from referees
714. Procedure on appeals
715. Appeal from order on interlocutory applications

PART 28 - Registration of judgments

716. Interpretation of Part 28
717. Application for registration
718. Affidavit in support of application
719. Security of costs
720. Order for registration
721. Notice of registration
722. Application to set aside registration
723. Enforcement of registered judgment
724. Application for certificate
725. Issue of certificate

PART 29 - Contentious probate actions

726. Application of Part 29
727. Requirements in connection with writ
728. Entry of appearance
729. Intervener in probate action
730. Citations
731. Affidavit of testamentary scripts
732. Default of a party
733. Statement of claim
734. Counterclaim
735. Pleadings
736. Discontinuance
737. Application to judge in chambers
738. Notice in probate action
739. Costs in probate action
740. Election of guardian by minor
741. Compromise of action
742. Interlocutory application

PART 30 - Proceedings at the suit of the Crown

743. Interpretation of Part 30
744. Actions at suit of Attorney-General
745. Notice to be published
746. Claims
747. Affidavit in support of claim
748. Order for sale or delivery before judgment
749. Appraisal
750. Directions as to sale
751. Application of proceeds of sale
752. Claimant to pay amount of appraised value
753. Judgment if claim not filed
754. Claim filed as part of property only
755. Delivery of pleadings
756. Judgment in default
757. Form of judgment after trial
758. Action at instance of relator
759. Application for authority
760. Original writ
761. Statement of claim to be retained
762. Copy of Attorney-General's signature required
763. Amendment of statement of claim
764. Attorney-General may control action
765. Consent of Attorney-General to stay
766. Appointment of new relator

PART 31 - Administration of charitable trusts

767. Application in relation to charitable trusts
768. Requirements for application
769. Service of application
770. Attendance of Attorney-General

PART 32 - Proceedings under particular statutes

Division 1 - Proceedings in arbitration

Subdivision 1 - Domestic proceedings under Commercial Arbitration Act 2011

771. Interpretation
772. Application for referral to arbitration
772A. Subpoenas
772B. Application relating to evidence for arbitration
772C. Application relating to disclosure of confidential information
772D. Application for relief under miscellaneous provisions of Commercial Arbitration Act
772E. Application for determination of preliminary point of law
772F. Application to set aside award
772G. Appeal
773. Application to enforce award

Subdivision 2 - International proceedings under International Arbitration Act 1974

774. Interpretation
774A. Documents not in English
774B. Application for stay and referral to arbitration – foreign arbitration agreements
774C. Application to enforce foreign award
774D. Application for referral to arbitration – article 8 of Model Law
774E. Subpoenas
774F. Application relating to evidence for arbitration
774G. Application relating to disclosure of confidential information
774H. Application for relief under miscellaneous provisions of Model Law
774I. Application to set aside award – Model Law
774J. Enforcement of award under Model Law
775. Enforcement of Investment Convention award

Division 1AA - Proceedings under Crime (Confiscation of Profits) Act 1993

776. Applications
776A. Directions as to service
776B. Undertaking for damages for wealth-restraining order wrongly granted
776C. Searches
776D.
777. Conduct of examinations

Division 1A - Proceedings under the Judicial Review Act 2000

777A. Description of respondent
777B. Contents of application
777C. Particulars
777D. Documents to be filed
777E. Service
777F. Notice of intention to appear
777G. Notice of submission

Division 2 - Proceedings under the Jurisdiction of Courts (Cross-vesting) Act 1987

778. Interpretation of Division 2 of Part 32
779. Attorney-General not party to proceeding
780. Powers on removal of proceedings to Court
781. Jurisdiction under cross-vesting laws
782. Proceedings transferred under cross-vesting laws
783. Conduct of proceedings

Division 2AA - Proceedings under the Legal Profession Act 2007

783AA. Interpretation of Division 2AA of Part 32
783AB. Relevant matters
783AC. Notice of intention to apply for admission
783AD. Application for admission
783AE. Documents supporting application for admission
783AF. Application for declaration of suitability
783AG. Effect of declaration of suitability on application for admission
783AH. Affidavit of service of application under this Division
783AI. Inquiries
783AJ. Oath
783AK. Compliance with former rules

Division 2A - Proceedings under the Mutual Recognition (Tasmania) Act 1993 and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth

783A. Interpretation of Division 2A of Part 32
783B. Application of Division
783C. Application for admission
783D. Hearing date
783E. Registrar to consider application
783F. Applicant not appearing at hearing
783G. Documents to be produced at hearing
783H. Person may show cause

Division 3 - Proceedings under the Settled Land Act 1884 and the Settled Land Act 1911

784. Interpretation of Division 3 of Part 32
785. Service
786. Service on other persons
787. Dispensing with service
788. Evidence as to title
789. Sales
790. Leases
791. Payment of capital money into Court
792. Title of account
793. Costs of payment into Court

Division 4 - Proceedings under the Trustee Act 1898

794. Payment into Court under section 48
795. Applications in respect of money paid into Court
796. Application under section 52

Division 5 - Proceedings under the Variation of Trusts Act 1994

797. Parties
798. Unborn or unascertained beneficiaries

Division 6 - Proceedings under the Wills Act 1992 and the Wills Act 2008

799. Interpretation of Division 6 of Part 32
800. Application to dispense with requirements for execution of wills
801. Application to validate dispositions to interested witnesses
802. Application for authorisation, alteration or revocation of wills by minors
803. Application for leave to apply for certain orders
803A. Application to rectify a will

Division 7 - Proceedings under the Trans-Tasman Proceedings Act 2010 (Commonwealth)

Subdivision 1 - Preliminary

803B. Interpretation of Division 7 of Part 32
803C. Application of Division 7 of Part 32
803D. Proceedings under the Trans-Tasman Proceedings Act

Subdivision 2 - Commencement of proceeding under Trans-Tasman Proceedings Act

803E. Interlocutory application under Trans-Tasman Proceedings Act
803F. Application for interim relief
803G. Application for leave to serve subpoena in New Zealand
803H. Application to set aside subpoena
803I. Application for issue of certificate of non-compliance with subpoena
803J. Documents relating to application

Subdivision 3 - Recognition and enforcement of NZ judgment

803K. Notice of registration of NZ judgment
803L. Application for extension of time to give notice of registration of NZ judgment
803M. Application to set aside registration of NZ judgment
803N. Application for stay of enforcement of registered NZ judgment so that liable person can appeal judgment
803O. Application for extension of time to apply for stay of enforcement of registered NZ judgment so that liable person can appeal judgment

Subdivision 4 - Miscellaneous

803P. Application for order for use of audio link or audio visual link

PART 33 - Entry of judgment and orders

804. Duties of associate
805. Certificate for entry of judgment
806. General relief
807. Date of effect of judgment or order
808. Date of effect of summary judgment
809. Date of effect of other judgments and orders
810. Judgment or order to state period for doing any act
810A. Judgment or order to state applicable interest rate
811. Entry of satisfaction
812. Entry of judgment or order
813. Mode of entry of judgment or order
814. Drawing up judgment or order
815. Settlement of draft by registrar
816. Settlement of judgments and orders by judge
817. Failure to attend or produce documents
818. Statement of service of writ
819. Entry on production of order or certificate
820. Filing of judgments and orders
821. Duplicates
822. Forms

PART 34 - Fees and costs

Division 1 - . . . . . . . .

823.
824.
825.
826.
827.

Division 2 - Security for costs

828. Security for costs
829. Amount and form of security
830. Bond as security
831. Period for giving security
832. Period for filing security
833. Security by payment into Court
834. Disposal of money paid into Court
835. Enforcement of security

Division 3 - Costs

836. Interpretation and application of Division 3 of Part 34
837. Scales of costs
837A. Goods and services tax
838. Special fee
839. Special orders as to costs
840. Non-attendance or neglect of parties or practitioners
841. Disallowance of costs in certain cases
842. Order for taxation not required
843. Costs on award
844. Enforcement of order of taxing officer
845. Taxing of bill of costs
846. Powers of taxing officer
847. Form of bill of costs for taxation
848. Bill of costs to be filed
849. Notice of appointment of taxation
850. Offer to settle costs
850A. Objection to bill of costs
851. Taxation in the absence of a party
852. Taxing officer may limit or extend time
853. Party not required to attend taxation
854. Powers of taxing officer where costs to be paid out of fund
855. Notice to party to file bill
856. Neglect or delay
857. Set-off of costs
858. Considerations relevant to taxing officer's discretion
859. Costs allowed or not allowed on taxation
860. Particular rules applying to costs allowable
861. Costs if same practitioner acts
862. Reasonable and proper costs
863. Counsel
864. Articled clerks
865. Disallowances if bill reduced by a sixth or more
866. Certificate
867. Objections to taxation
868. Review of taxing officer's decision by judge
869. Interim certificate

PART 35 - Enforcement and execution

Division 1 - Enforcement of judgments and orders

870. Saving of existing process
871. Order of issue of writs
872. Set-off costs
873. Payment of money
874. Delivery of land
875. Delivery of goods
876. Judgment or order requiring any act
877. Order that act be done at expense of party in default
878. Execution by or against person not a party
879. Attendance of natural persons
880. Attendance of corporations
881. Attendance before another court
882. Contempt
883. Service before committal or sequestration
884. Difficulty in enforcing judgment or order
885. Non-performance of condition
886. Order in aid of enforcement
887. Application to stay execution
887A. Interest on judgment or order

Division 2 - Discovery in aid of enforcement

888. Interpretation of Division 2 of Part 35
889. Order for examination or production
890. Procedure
891.
892. Record of examination
893. Impounded documents

Division 3 - Writs of execution generally

894. Interpretation of Division 3 of Part 35
895. Judgment to be obeyed without demand
896. Execution to issue within 6 years
897. Leave to issue execution
898. Affidavit of debt
899. Execution of judgment for money and costs
900. Issue of writ of execution
901. Renewal of writ
902. Expenses of execution
903. Bailiff of inferior court may execute writ of execution
904. Return of writ

Division 4 - Writ of fieri facias

905. Interpretation of Division 4 of Part 35
906. Execution of writ of fieri facias
907. Application for private sale
908. Hearing of application for private sale
909. Writ of venditioni exponas

Division 5 - Attachment of debts

910. Interpretation and application of Division 5 of Part 35
911. Attachment of debts
912. Provisional garnishee order
913. Service of provisional order
914. Final order
915. Service of final order
916. Service of order discharging provisional order
917. Discharge of garnishee
918. Costs
919. Priority of orders

Division 6 - Attachment of wages and salaries

920. Interpretation of Division 6 of Part 35
921. Provisional garnishee order for attachment of earnings
922. Service of provisional garnishee order
923. Final garnishee order
924. Service of final garnishee order
925. Service of order discharging provisional garnishee order
926. Discharge of garnishee
927. Garnishee debt attachment book
928. Costs of garnishee proceedings
929. Priority of garnishee orders

PART 36 - Miscellaneous enforcement and penal procedures

Division 1 - Charging orders, stop orders and notices

930. Interpretation of Division 1 of Part 36
931. Service of application and order
932. Order to identify securities, &c.
933. Service of order
934. Application under Partnership Act 1891
935. Final order
936. Stop notice on corporation
937. Stop order for funds in Court

Division 1A - Freezing orders

937A. Interpretation of Division 1A of Part 36
937B. Freezing orders
937C. Ancillary orders
937D. Respondent need not be party to proceeding
937E. Order against judgment debtor or prospective judgment debtor or third party
937F. Jurisdiction
937G. Service outside Australia of application for freezing order or ancillary order
937H. Costs

Division 1B - Search orders

937I. Interpretation of Division 1B of Part 36
937J. Search orders
937K. Requirements for grant of search order
937L. Jurisdiction
937M. Terms of search order
937N. Independent practitioners
937O. Costs

Division 2 - Enforcement by appointment of a receiver

938. Procedure
939. Appointment

Division 3 - Contempt

940. Interpretation of Division 3 of Part 36
941. Contempt in face of Court
942. Other procedure for contempt

Division 4 - Attachment

943. Attachment
944. Return of the writ

Division 5 - Sequestration

945. Writ of sequestration
946. No subpoena for costs
947. No sequestration for costs without leave

Division 6 - Proceedings under a judgment

948. Interpretation of Division 6 of Part 36
949. Directions in judgment
950. Dispensing with service of notice of judgment
951. Attendance of parties not directed to attend
952. Stoppage of proceedings
953. Classifying interests of parties
954. Settling instrument in case parties differ
955. Advertisements
956. Claims
957. Determination of claims
958. Costs
959. Interest on debts
960. Interest on legacies
961. Account or inquiry

PART 37 - The Associate Judge

962. Jurisdiction of Associate Judge
963. Reference to judge
964. Recording of proceedings
965.

PART 38 - Service of foreign process

966. Application of Part 38
967. Documents required
968. Service
969. Affidavit of service
970. Certificate

PART 38A - Service under the Hague Convention

Division 1 - Preliminary

970A. Interpretation of Part 38A
970B. Provisions of this Part to prevail

Division 2 - Service abroad of local judicial documents

970C. Application of Division
970D. Application for request for service abroad
970E. How application to be dealt with
970F. Procedure on receipt of certificate of service
970G. Payment of costs
970H. Evidence of service

Division 3 - Default judgment following service abroad of initiating process

970I. Application of Division
970J. Restriction on power to enter default judgment if certificate of service filed
970K. Restriction on power to enter default judgment if certificate of service not filed
970L. Setting aside judgment in default of appearance

Division 4 - Local service of foreign judicial documents

970M. Application of Division
970N. Certain documents to be referred back to Attorney-General’s Department of Commonwealth
970O. Service
970P. Affidavit as to service

PART 39 - Obtaining evidence for external court or tribunal

971. Interpretation of Part 39
972. Procedure
973. Examiner
974. Manner of taking examination
975. Examination to be forwarded to Registrar

PART 40 - Miscellaneous

976. Transitional provisions
977. Rules of the Supreme Court 1965 amended
978. Civil Process Rules 1985 rescinded
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback