Western Australian Current Regulations

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RULES OF THE SUPREME COURT 1971


TABLE OF PROVISIONS

   ORDER 1 -- Application, elimination of delay and forms  

   1.1.    Short title  
   1.2.    Commencement and saving  
   1.3.    Certain proceedings excluded  
   1.3A.   Inherent powers not affected  
   1.4.    Terms used  
   1.4A.   Delays, elimination of  
   1.4B.   Case flow management, use and objects of  
   1.4C.   Parties to notify settlement  
   1.6.    Forms  
   1.6A.   Forms under Restraining Orders Act 1997  
   1.7.    Court fees  
   1.8.    Documents given to authorised users or Court by means of ECMS

   ORDER 2 -- Effect of non‑compliance  

   2.1.    Non‑compliance with rules  
   2.2.    Application to set aside for irregularity

   ORDER 3 -- Time  

   3.1.    Term used: month  
   3.2.    Reckoning periods of time  
   3.3.    Period between 24 Dec and 15 Jan excluded when computing time  
   3.4.    Time expiring on day Central Office closed, effect of  
   3.5.    Extending and abridging time  
   3.6.    Extension of time where security ordered  
   3.7.    Notice of intention to proceed after year’s delay

   ORDER 4A -- Case management

           Division 1 -- Preliminary matters  

   4A.1.   Terms used  
   4A.2.   Term used: case management direction  
   4A.3.   Term used: enforcement order  
   4A.4.   Inconsistencies with other rules

           Division 2 -- Provisions applicable to all cases  

   4A.4A.  Case management conferences  
   4A.5.   Case manager may review case at any time  
   4A.5A.  Requesting interlocutory orders and case management directions  
   4A.5B.  Request under r. 5A by letter  
   4A.5C.  Request under r. 5A at case management conference or hearing  
   4A.6.   Timetables  
   4A.7.   Attendance at proceedings under this Order  
   4A.8.   Conferences of parties with mediator  
   4A.9.   Referees

           Division 3 -- Cases on the CMC List  

   4A.10.  Application of this Division  
   4A.11.  Cases on CMC List  
   4A.12.  Headings to documents  
   4A.13.  CMC List case manager may direct case to be on or taken off CMC List  
   4A.14.  Requesting case be put on CMC List  
   4A.14A. Strategic conferences  
   4A.15.  Interlocutory hearings

           Division 4 -- Cases not on the CMC List  

   4A.16.  Application of this Division  
   4A.18.  Case management conferences for cases not on CMC List  
   4A.19.  Powers of case manager at case management conferences for cases not on CMC List  
   4A.20.  Listing conference

           Division 5 -- Inactive Cases List  

   4A.21.  Term used: Inactive Cases List  
   4A.22.  Case manager may direct party to show cause  
   4A.23.  Springing order that case be put on Inactive Cases List  
   4A.24.  Cases inactive for 12 months deemed inactive  
   4A.25.  Parties to be notified of case being on Inactive Cases List  
   4A.26.  Consequences of case being on Inactive Cases List  
   4A.27.  Removing cases from Inactive Cases List  
   4A.28.  Certain cases taken to have been dismissed

   ORDER 4 -- Mode of commencing proceedings: applications in pending proceedings  

   4.1.    Commencing civil proceedings  
   4.2.    Applications in pending proceedings  
   4.3.    Individual may act in person or by solicitor; body corporate must act by solicitor

   ORDER 4AA -- Mortgage actions  

   4AA.1.  Terms used  
   4AA.2.  Application  
   4AA.3.  Commencing mortgage actions  

           4..4. Transitional provision for former ORDER 62A

   ORDER 5 -- Writs of summons  

   5.1.    Form of writ  
   5.2.    Writ for service outside WA, form of  
   5.3.    Place of trial to be shown  
   5.4.    Place of issue  
   5.5.    Preparation of writ  
   5.6.    Sealing of writ  
   5.7.    Copy to be left with officer  
   5.8.    Writ to be recorded when issued  
   5.9.    Writ for service outside Australia, leave to issue needed  
   5.10.   All writs to be in name of Chief Justice or Senior Puisne Judge  
   5.11.   Time for appearance to be stated in writ

   ORDER 6 -- Indorsement of claim: other indorsements  

   6.1.    Nature of claim etc. to be indorsed on writ  
   6.2.    Action for defamation by publication  
   6.3.    Statement of claim may be indorsed on writ in some actions  
   6.4.    Claim for liquidated demand, indorsements required for, costs etc.  
   6.5.    Representative character  
   6.6.    Claim for account  
   6.7.    Writ etc. to state contact details

   ORDER 7 -- Duration and renewal of writ: concurrent writs  

   7.1.    Duration and renewal of writ  
   7.2.    Proof of extension of validity of writ  
   7.3.    Concurrent writs  
   7.4.    Unserved writs may be struck out

   ORDER 8 -- Disclosure by solicitors: change of solicitors  

   8.1.    Solicitor to declare, if required to, whether writ issued by him  
   8.2.    Change of solicitor  
   8.4.    Appointment of solicitor by self-represented person  
   8.5.    Intention to act in person, notice of  
   8.5A.   Form and content of notices  
   8.6.    Removal of solicitor from record  
   8.7.    Withdrawal of solicitor who has ceased to act for party  
   8.8.    Effect of order made under this Order  
   8.9.    Service details of party whose solicitor is removed  
   8.11.   Solicitor not to act for adverse parties  
   8.12.   Legal practitioner or clerk not to be security

   ORDER 9A -- Interested non‑parties  

   9A.1.   Terms used  
   9A.2.   Parties to advise identity of interested non‑parties  
   9A.3.   Duties of interested non‑party  
   9A.4.   Disclosure of agreements relating to litigation funding

   ORDER 9 -- Service of originating process: general provisions  

   9.1.    Service of writ, general provisions  
   9.2.    Service of writ as to contract on agent of principal who is outside WA  
   9.3.    Serving writ in accordance with contract, effect of  
   9.4.    Writ for possession of land where no person in possession, service of  
   9.5.    Service of other originating process

   ORDER 10 -- Service out of the jurisdiction  

   10.1A.  When leave to serve is required; application of r. 9 to  
   10.1.   When service out of jurisdiction is permissible  
   10.2.   Service out of jurisdiction of writ etc. as to contract  
   10.4.   Application for leave under r. 1 or  
   10.5.   Time for appearance  
   10.7.   Other documents, service of outside Australia  
   10.8.   Saving of existing practice  
   10.9.   Service abroad through foreign or diplomatic officials  
   10.10.  Service abroad, general and saving provisions  
   10.11.  Undertaking to pay expenses of service

   ORDER 11 -- Service of foreign process  

   11.1.   Terms used  
   11.2A.  Application of this Order  
   11.2.   Service pursuant to letter of request for service  
   11.3.   Service under Convention  
   11.4.   Service to be through sheriff  
   11.5.   Consequential orders

   ORDER 11A -- Service under the Hague Convention

           Division 1 -- Preliminary  

   11A.1.  Terms used  
   11A.2.  Provisions of this Order to prevail

           Division 2 -- Service abroad of local judicial documents  

   11A.3.  Application of this Division  
   11A.4.  Application for request for service abroad  
   11A.5.  How application to be dealt with  
   11A.6.  Procedure on receipt of certificate of service  
   11A.7.  Payment of costs  
   11A.8.  Evidence of service

           Division 3 -- Default judgment following service abroad of initiating process  

   11A.9.  Application of this Division  
   11A.10. Restriction on power to enter default judgment if certificate of service filed  
   11A.11. Restriction on power to enter default judgment if certificate of service not filed  
   11A.12. Setting aside judgment in default of appearance

           Division 4 -- Local service of foreign judicial documents  

   11A.13. Application of this Division  
   11A.14. Certain documents to be referred back to Attorney‑General’s Department of Commonwealth  
   11A.15. Service  
   11A.16. Affidavit as to service

   ORDER 12 -- Appearance  

   12.1.   Who may enter appearance  
   12.2.   How to enter an appearance  
   12.3.   Procedure on receipt of requisite documents  
   12.4.   Appearance to be served on plaintiff  
   12.5.   Late appearance  
   12.6.   Conditional appearance  
   12.7.   Setting aside writ etc. before appearance  
   12.8.   Person not named may defend action for possession of land  
   12.9.   Person appearing under r. 8 to be named as defendant  
   12.10.  Limiting defence in action for possession of land

   ORDER 13 -- Judgment in default of appearance to writ  

   13.1.   Plaintiff may enter judgment if defendant fails to enter appearance  
   13.2.   Claim for liquidated demand  
   13.3.   Claims for unliquidated damages  
   13.4.   Claim relating to detention of goods (excluding mortgage actions)  
   13.5.   Claim for possession of land (excluding mortgage actions)  
   13.6.   Mortgage actions  
   13.7.   Content of affidavit required by r. 6(2)(b)(ii)  
   13.8.   Writs for 2 or more claims to which r. 2 to 6 apply  
   13.9.   Writs for other claims  
   13.10.  Entry of judgment for costs only upon writs for other claims  
   13.11.  Reference to Court in case of doubt or difficulty  
   13.12.  Default judgment to inform defendant of certain matters  
   13.13.  Service of default judgment  
   13.14.  Setting aside or varying default judgment

   ORDER 14 -- Summary judgment  

   14.1.   When plaintiff may apply for summary judgment  
   14.2.   Application under r. 1, how to make  
   14.3.   Judgment may be given for plaintiff  
   14.4.   Defendant may be given leave to defend  
   14.6.   Summary judgment on counterclaim  
   14.7.   Court’s powers if leave to defend given etc.  
   14.8.   Costs  
   14.9.   Right to proceed with residue of action or counterclaim  
   14.10.  Judgment for delivery of specific chattel  
   14.11.  Relief from judgment for recovery of land  
   14.12.  Summary judgment against absent party may be set aside or varied

   ORDER 16 -- Summary judgment on application of defendant  

   16.1.   Application by defendant for summary judgment  
   16.2.   Plaintiff may show cause  
   16.3.   Court’s powers if action to go to trial  
   16.4.   Summary judgment against absent party may be set aside or varied

   ORDER 17 -- Interpleader  

   17.1.   When interpleader relief may be granted  
   17.2.   How to apply for interpleader relief  
   17.3.   Time for application by defendant  
   17.4.   Stay of proceedings  
   17.5.   Court’s powers on application  
   17.6.   Summary determination  
   17.7.   Where question of law only  
   17.8.   Claimant failing to appear etc.  
   17.9.   Power to order sale of goods  
   17.10.  Discovery etc. and trial  
   17.11.  One order where several causes pending  
   17.15.  Orders as to costs etc.

   ORDER 18 -- Causes of action, counterclaims and parties  

   18.1.   Joinder of causes of action  
   18.2.   Counterclaim against plaintiff  
   18.3.   Counterclaim against additional parties  
   18.4.   Joinder of parties  
   18.5.   Court may order separate trials etc.  
   18.6.   Misjoinder and nonjoinder of parties  
   18.7.   Change of parties by reason of death etc.  
   18.8.   Order made under r. 6 or 7, consequences of  
   18.9.   Failure to proceed after death of party  
   18.10.  Action for possession of land, joining non-party who is in possession  
   18.11.  Relator actions  
   18.12.  Representation of persons with same interest in proceedings  
   18.13.  Representation of interested persons who cannot be ascertained etc.  
   18.14.  Representation of beneficiaries by trustees etc.  
   18.15.  Representation of deceased person interested in proceedings  
   18.16.  Declaratory judgment  
   18.17.  Conduct of proceedings

   ORDER 18A -- Representative proceedings under the Civil Procedure (Representative Proceedings) Act 2022  

   18A.1.  Terms used  
   18A.2.  Person must act by legal practitioner  
   18A.3.  Representative Proceedings List; headings to documents  
   18A.4.  Form of consent to be group member  
   18A.5.  Form of opt‑out notice

   ORDER 19 -- Third party and similar proceedings  

   19.1.   Third party notice  
   19.2.   Application for leave to issue third party notice  
   19.3.   Issue and service of, and entry of appearance to, third party notice  
   19.4.   Third party directions  
   19.5.   Default of third party etc.  
   19.6.   Setting aside third party proceedings  
   19.7.   Judgment between defendant and third party  
   19.8.   Claims and issues between defendant and another party  
   19.9.   Claims by third and subsequent parties  
   19.10.  Offer of contribution  
   19.11.  Counterclaim by defendant  
   19.12.  Costs

   ORDER 20 -- Pleadings  

   20.1.   Statement of claim, service of  
   20.2.   Statement of claim, content of  
   20.3.   Pleadings etc. to be filed before service  
   20.4.   Defence, service of  
   20.5.   Reply and defence to counterclaim, service of  
   20.6.   Pleadings subsequent to reply etc., leave required for  
   20.7.   Pleadings, formal requirements of  
   20.8.   Facts, not evidence, to be pleaded  
   20.9.   Matters which must be specifically pleaded  
   20.10.  Matter may be pleaded whenever arising  
   20.11.  Party’s pleadings to be consistent  
   20.12.  Points of law may be pleaded  
   20.13.  Particulars of claims etc.  
   20.13A. Particulars in defamation actions  
   20.14.  Admissions, traverses etc.  
   20.15.  Denial by joinder of issue  
   20.16.  Defence of tender not available without payment into court  
   20.17.  Defence of set‑off  
   20.18.  Counterclaim and defence to counterclaim  
   20.19.  Striking out pleadings etc.  
   20.20.  Close of pleadings  
   20.21.  Trial without pleadings  
   20.22.  Preparation of issues  
   20.23.  Collision between vessels, content etc. of Preliminary Act  
   20.24.  Failure to file Preliminary Act

   ORDER 21 -- Amendment  

   21.1.   Amending writ without leave  
   21.2.   Amending memorandum of appearance  
   21.3.   Amending pleadings without leave  
   21.5.   Amending writ or pleading with leave  
   21.6.   Amending other originating process  
   21.7.   Amending other documents  
   21.8.   Failure to amend after order  
   21.9.   How amendments to be made  
   21.10.  Clerical errors etc., correcting (slip rule)  
   21.11.  Service of amended documents

   ORDER 23 -- Discontinuance  

   23.1.   Withdrawing appearance  
   23.2.   Plaintiff may discontinue; defence etc. may be withdrawn  
   23.3.   Costs  
   23.4.   Subsequent action stayed pending payment  
   23.5.   Withdrawal of summons

   ORDER 24 -- Payment into court -- offers to consent to judgment  

   24.9.   In certain cases no payment out without order  
   24.11.  Intestate’s estate, Court may direct some payments without administration  
   24.12.  Regulations (Sch. 3)

   ORDER 24A -- Offer of compromise  

   24A.1.  Parties entitled to make offer  
   24A.2.  Application of this Order to counterclaims and third party notices  
   24A.3A. How to make offer  
   24A.3.  Time etc. for making, accepting etc. offer  
   24A.4.  Time for payment of sum offered  
   24A.5.  Withdrawing acceptance of offer  
   24A.6.  Offer without prejudice  
   24A.7.  Disclosure of offer to Court  
   24A.8.  Failure to comply with accepted offer  
   24A.9.  Multiple defendants  
   24A.10. Costs

   ORDER 25 -- Security for costs  

   25.1.   Factors that are not grounds for ordering security for costs  
   25.2.   Grounds for ordering security for costs  
   25.3.   Court has discretion  
   25.4.   Term used: plaintiff  
   25.5.   Manner of giving security  
   25.6.   Action may be stayed  
   25.7.   Payment out  
   25.8.   Saving

   ORDER 26 -- Discovery and inspection  

   26.1A.  Terms used  
   26.1B.  Documents not wholly discoverable  
   26.1.   Discovery without order  
   26.2.   Continuing obligation to give discovery  
   26.3.   Determination of issue relevant to right to discovery  
   26.4.   List of documents and verifying affidavit, form, content and making of  
   26.5.   Defendant entitled to copy of co‑defendant’s list etc.  
   26.6.   Order for information as to particular documents  
   26.7.   Orders as to discovery  
   26.8.   Inspection of documents in list  
   26.8A.  Procedure on discovery  
   26.9.   Order for inspection of documents  
   26.10.  Order for production to Court  
   26.11.  Order for production etc. only if necessary  
   26.11A. Costs of preparing document to facilitate inspection  
   26.12.  Claim of privilege  
   26.13.  Inspection of copies of business books  
   26.14.  Public interest immunity not affected  
   26.15.  Non‑compliance with requirements for discovery etc.  
   26.16A. Certificate by legal practitioner  
   26.16.  Revocation and variation of orders

   ORDER 26A -- Discovery etc. from non‑parties and potential parties  

   26A.1.  Terms used  
   26A.2.  Public interest immunity not affected  
   26A.3.  Discovery etc. to identify a potential party  
   26A.4.  Discovery from potential party  
   26A.5.  Discovery from non‑party  
   26A.6.  Order 26 applies to discovery ordered under this Order  
   26A.7.  Costs  
   26A.8.  Certificate by legal practitioner for non‑party or potential party

   ORDER 27 -- Interrogatories  

   27.1.   Notice of and answers to interrogatories  
   27.2.   Answers, time for and manner of giving  
   27.3.   Interrogatories given to 2 or more parties etc., who has to answer  
   27.4.   Content of answers  
   27.5.   Grounds for objecting to answer  
   27.6.   Answers, who can make  
   27.7.   Failing to answer or to answer sufficiently  
   27.8.   Non‑compliance with order under r. 7  
   27.9.   Use of answers in evidence  
   27.10.  Revoking and varying orders

   ORDER 28 -- Medical examination: inspection of physical objects  

   28.1.   Medical examination of a party  
   28.2.   Inspection of physical objects

   ORDER 30 -- Admissions  

   30.1.   Admission of other party’s case  
   30.2.   Notice to admit facts  
   30.3.   Judgment on admissions  
   30.4.   Admissions as to and production of documents  
   30.5.   Notice to admit authenticity of documents; notice requiring production of documents at trial

   ORDER 31 -- Special cases and stated cases  

   31.1.   Questions of law, stating of in special case  
   31.2.   Preliminary question of law, orders as to  
   31.3.   Preparing special case  
   31.4.   Special case affecting person under disability, leave needed to enter for argument  
   31.5.   Entering special case for argument  
   31.6.   Agreement as to payment of money and costs  
   31.7.   Reference of case to Court of Appeal (Act s. 58(1)(d))  
   31.8.   Cases stated to Court (not Court of Appeal) by other courts etc.

   ORDER 32 -- Place and mode of trial  

   32.1.   Trial in circuit town  
   32.2.   Application for trial by jury  
   32.3.   Usual mode of trial, other modes  
   32.4.   Time of trial of questions or issues  
   32.5.   Issues may be tried differently  
   32.6.   Trial with jury to be by single judge  
   32.7.   Disposal of action  
   32.8.   Trial by jury, precepts for etc.

   ORDER 33 -- Entry for trial  

   33.1.   Entry for trial  
   33.2.   Consequences of failing to enter for trial as directed  
   33.3.   Notice of entry  
   33.4.   Form of entry for trial  
   33.14.  Papers for judge

   ORDER 34 -- Proceedings at trial  

   34.1A.  Outlines for trial  
   34.1.   Absence of both parties at trial  
   34.2.   Absence of one party at trial  
   34.3.   Setting aside judgment given in absence of party  
   34.4.   Adjournment of trial  
   34.5.   Conduct of trial  
   34.5A.  Time etc. limits at trial  
   34.6.   Evidence in mitigation of damages for defamation  
   34.7.   Inspection by judge or jury  
   34.8.   Judgment at or after trial  
   34.9.   Record of proceedings  
   34.10.  Where time occupied by trial excessive  
   34.11.  Entry of findings of fact on trial  
   34.12.  Certificate for entry of judgment  
   34.13.  Exhibits  
   34.14.  Return of exhibits  
   34.15A. Return of document etc. to non-party who produced it under subpoena  
   34.16.  Death of party before judgment is given  
   34.17.  Impounded documents  
   34.18.  Assessment of damages by master  
   34.19.  Damages to time of assessment  
   34.20.  Writ of inquiry not to be used

   ORDER 35 -- Assessors and referees  

   35.1.   Trial with assessors  
   35.2.   Trial before referee  
   35.3.   Evidence before referee  
   35.4.   Authority of referee  
   35.5.   Referee cannot order imprisonment  
   35.6.   Referee may submit question to Court  
   35.7.   Notice of referee’s report  
   35.8.   Adoption etc. of referee’s report in adjourned case  
   35.9.   Adoption etc. of referee’s report where case not adjourned  
   35.10.  Costs  
   35.11.  Application of this Order to other references

   ORDER 36 -- Evidence: general  

   36.1.   Facts to be proved usually by oral evidence in open court  
   36.2.   Evidence by affidavit  
   36.3.   Evidence of children etc. (Evidence Act 1906 s. 106S)  
   36.4.   Reception of plans etc. in evidence  
   36.5.   Orders under r. 2 or 4 may be revoked or varied  
   36.6.   Trials of issues etc., evidence in  
   36.7.   Depositions as evidence  
   36.8.   Court documents admissible in evidence  
   36.9.   Evidence at trial may be used in subsequent proceedings  
   36.10.  Evidence in another cause  
   36.11.  Production of documents  
   36.20.  Interest for purposes of Act s. 32

   ORDER 36A -- Expert evidence  

   36A.1.  Expert evidence

   ORDER 36B -- Subpoenas  

   36B.1.  Terms used  
   36B.2.  Issuing subpoenas  
   36B.3.  Form of subpoena  
   36B.4.  Service of subpoenas  
   36B.5.  Party may request notice that subpoena to produce has been obeyed  
   36B.5A. Altering date for attendance or production  
   36B.6.  Compliance with subpoena  
   36B.7.  Production otherwise than at a trial  
   36B.8.  Setting aside subpoena to attend to give evidence  
   36B.8A. Setting aside subpoena to produce and directions as to things to be produced  
   36B.8B. How requests under r. 8 and 8A to be made  
   36B.9.  Inspecting and dealing with documents and things produced otherwise than at a trial  
   36B.10. Disposal of documents and things produced  
   36B.11. Costs and expenses of compliance  
   36B.12. Failure to comply with subpoena is contempt of court  
   36B.13. Documents and things in custody of court

   ORDER 37 -- Affidavits  

   37.1.   Title of affidavits  
   37.2.   Form of affidavits  
   37.3.   Affidavits by 2 or more deponents  
   37.5.   Irregularity  
   37.6.   Contents of affidavits  
   37.7.   Scandalous matter  
   37.9.   Exhibits  
   37.13.  Affidavits to be filed  
   37.14.  Affidavits not to be filed out of time without leave  
   37.15.  Alterations in accounts  
   37.16.  This Order additional to Oaths, Affidavits and Statutory Declarations Act 2005

   ORDER 38 -- Evidence by deposition  

   38.1.   Power to order depositions to be taken  
   38.4.   Enforcing attendance of witness  
   38.5.   Refusal of witness to attend or be sworn  
   38.6.   Time and place of examination, notice of  
   38.7.   Documents to be given to examiner  
   38.8.   Practice on examination  
   38.9.   Expenses of witnesses  
   38.10.  Additional witnesses may be examined with parties’ consent  
   38.11.  How depositions to be taken  
   38.12.  Objection to questions  
   38.13.  Examiner may give Court special report  
   38.14.  Oaths  
   38.15.  Perpetuating testimony  
   38.16.  Examiner’s fees  
   38.17.  Payment of examiner’s fees

   ORDER 38A -- Examination of witnesses outside the State  

   38A.1.  Terms used  
   38A.2.  Order applies to Act s. 110 and  
   38A.3.  Applications under Act s. 110 and 111 in civil proceedings  
   38A.4.  Application under Act s. 110 and 111 in criminal proceedings  
   38A.5.  Orders under Act s. 110 and 111  
   38A.6.  Manner of examination  
   38A.7.  Examiner’s remuneration

   ORDER 39 -- Taking of evidence for foreign and Australian courts  

   39.1.   Terms used  
   39.2.   Applications under Act s. 116  
   39.3.   Orders under Act s. 117  
   39.4.   Examiner’s remuneration  
   39.4A.  Examiner’s power to administer oaths  
   39.5.   Transmission of depositions  
   39.6.   Procedure where witness claims privilege

   ORDER 39A -- Trans‑Tasman Proceedings Act 2010 (Commonwealth) rules

           Division 1 -- General  

   39A.1.  Term used: Act  
   39A.2.  Application of this Order

           Division 2 -- Subpoenas to be served in New Zealand  

   39A.2A. Form of subpoenas  
   39A.3.  Leave to serve subpoena (Act s. 31)  
   39A.4.  Setting aside subpoena (Act s. 35 and 36)  
   39A.5.  Failure to comply with subpoena (Act s. 38)

           Division 3 -- Remote appearances from New Zealand  

   39A.6A. Appearances by audio link or audiovisual link (Act s. 48)  
   39A.6.  Evidence by audio link or audiovisual link (Act s. 50)

           Division 4 -- Registration and enforcement of NZ judgments  

   39A.7.  Setting aside registration of NZ judgment (Act s. 72)  
   39A.8.  Stay of enforcement of registered NZ judgment (Act s. 76)

   ORDER 40 -- Court experts  

   40.1.   Terms used  
   40.2.   Court expert, appointment of etc.  
   40.3.   Report of Court expert  
   40.4.   Cross‑examination of Court expert  
   40.5.   Remuneration of Court expert  
   40.6.   Further expert witnesses

   ORDER 41 -- Motion for judgment  

   41.1.   Judgment to be on motion  
   41.2.   When motion for judgment may be set down after trial etc.  
   41.3.   Motion for judgment before trial etc. of all issues  
   41.4.   Motion for judgment to be set down within one year  
   41.5.   Court may draw inferences and determine questions

   ORDER 42 -- Entry of judgment  

   42.1.   Mode and form of entry  
   42.2.   Date from which judgment or order takes effect  
   42.3.   Orders to do an act, time for obeying to be specified  
   42.4.   Entering judgment on filing of affidavit etc.  
   42.5.   Entering judgment pursuant to order etc.  
   42.6.   Entering judgment on certificate of master or registrar  
   42.7.   Entering judgment by consent when party appears by solicitor  
   42.8.   Entering judgment by consent where defendant has not appeared or is self‑represented  
   42.9.   Satisfaction of judgments

   ORDER 43 -- Drawing up judgments and orders  

   43.1.   Drawing up etc. judgments etc.  
   43.2.   When order need not be drawn up  
   43.3.   Authentication of judgments and orders  
   43.4.   Judgments and orders to be court record; issue and use of duplicates  
   43.5.   Amending orders  
   43.6.   Draft judgment or order to be filed  
   43.7.   Appointment to settle draft  
   43.8.   Attendance on settling draft  
   43.9.   Default of attendance on settling draft  
   43.10.  Dispensing with appointment  
   43.11.  Registrar’s and Court’s powers to settle judgments etc.  
   43.12.  Party to engross settled judgment or order  
   43.13.  Certificate for special allowance on taxation of costs  
   43.14.  Entry of judgments and orders  
   43.15.  Application to vary  
   43.16.  Consent orders

   ORDER 44A -- Foreign Judgments Act 1991 (Commonwealth) rules  

   44A.1.   Terms used  
   44A.2.  Application of this Order  
   44A.3.  Application for registration (Act s. 6)  
   44A.4.  Evidence in support of application  
   44A.5.  Security for costs  
   44A.6.  Order for registration  
   44A.7.  Record to be kept of registered judgments  
   44A.8.  Notice of registration  
   44A.9.  Indorsement of service  
   44A.10. Application to set aside registration  
   44A.11. Enforcing registered judgment  
   44A.12. Determination of certain questions  
   44A.13. Certified copy of judgment obtained in this State

   ORDER 45 -- Accounts and inquiries  

   45.1.   Summary order for account to be taken  
   45.2.   Direction for accounts etc. may be made at any stage  
   45.3.   Directions to be numbered  
   45.4.   Directions as to mode of taking account  
   45.5.   Account to be verified  
   45.6.   Vouchers and contested etc. items, directions as to  
   45.7.   Surcharge or error, notice of  
   45.8.   Allowances that can be made without direction  
   45.9.   Expediting proceedings  
   45.10.  Distributing fund before all persons entitled are ascertained  
   45.11.  Master etc. may be ordered to take accounts or make inquiries  
   45.12.  Right to adjournment from registrar etc.

   ORDER 46 -- Civil Judgments Enforcement Act 2004 rules  

   46.1.    Terms used  
   46.2.   Applications that may be dealt with by registrar  
   46.3.   Enforcing judgment in action between partners

   ORDER 51 -- Receivers  

   51.1.   Application for receiver and injunction  
   51.3.   Security to be given by receiver  
   51.4.   Remuneration of receiver  
   51.5.   Accounts by receiver  
   51.6.   Payment of balances by receiver  
   51.7.   Default by receiver  
   51.8.   Final accounts to be filed  
   51.9.   Compensation to party restrained  
   51.10.  Compensation by applicant to party restrained  
   51.11.  Application to Civil Judgments Enforcement Act 2004

   ORDER 52 -- Interlocutory injunctions, interim preservation of property  

   52.1.   Application for injunction  
   52.2.   Detention etc. of property; securing funds in dispute  
   52.3.   Power to order taking of samples etc.  
   52.4.   Disposal of perishable property etc.  
   52.5.   Order for early trial on application for receiver, injunction etc.  
   52.6.   Recovering personal property subject to lien  
   52.7.   Directions  
   52.8.   Allowance of income or transfer of property during case  
   52.9.   Injunction to include undertaking as to compensation to party restrained  
   52.10.  Compensation to party restrained by undertaking

   ORDER 52A -- Freezing orders  

   52A.1.  Terms used  
   52A.2.  Freezing order  
   52A.3.  Ancillary order  
   52A.4.  Respondent need not be party to proceeding  
   52A.5.  Order against judgment debtor, prospective judgment debtor or third party  
   52A.6.  Court’s other jurisdiction not affected  
   52A.7.  Service outside Australia of application for order  
   52A.8.  Costs

   ORDER 52B -- Search orders  

   52B.1.  Terms used  
   52B.2.  Search order  
   52B.3.  Requirements for making of search order  
   52B.4.  Court’s other jurisdiction not affected  
   52B.5.  Terms of search order  
   52B.6.  Independent solicitors, appointment of etc.  
   52B.7.  Costs

   ORDER 53 -- Sales of land by the Court  

   53.1.   Term used: land  
   53.2.   Power to order sale of land  
   53.3.   Manner of sale  
   53.4.   Directions  
   53.5.   Certificate of sale  
   53.6.   Mortgage, exchange or partition  
   53.7.   Reference of matters to counsel  
   53.8.   Objection to counsel’s opinion

   ORDER 54 -- Originating and other motions  

   54.1.   Application of this Order  
   54.2.   Which applications to be made by motion  
   54.3.   Notice of motion  
   54.4.   Time of notice of motion  
   54.5.   Form of notice of motion  
   54.6.   Issue of notice of motion  
   54.7.   Service of notice of motion with writ etc.  
   54.8.   Adjournment etc.

   ORDER 55 -- Committal and attachment  

   55.1.   Term used: contemnor  
   55.2.   Committal for contempt of court  
   55.3.   Contempt in face of Court  
   55.4.   Other cases of contempt  
   55.5.   Form and service of notice or summons  
   55.6.   Arresting contemnors  
   55.7.   Punishing contemnors  
   55.8.   Execution of committal order may be suspended  
   55.9.   Discharge from committal  
   55.10.  Saving for other powers  
   55.11.  Court may make peremptory order in first instance  
   55.12.  Application of r. 6 to 9 to attachment etc.

   ORDER 56 -- Judicial review

           Division 1 -- General  

   56.1.   Terms used  
   56.2.   Making an application  
   56.3.   Serving an application  
   56.4.   Options of person served with application  
   56.5.   Procedure on application  
   56.6.   Discovery and interrogatories  
   56.7.   Costs  
   56.10.  Issue and filing of writs

           Division 2 -- Certiorari  

   56.14.  Forms

           Division 3 -- Mandamus  

   56.15.  Applicant to show interest etc.  
   56.16.  Form of writ  
   56.17.  Time for return of writ  
   56.18.  Service  
   56.19.  Service on corporate body, or justices  
   56.20.  Return, content etc. of  
   56.21.  Pleading to return  
   56.22.  No motion for judgment needed in some cases  
   56.23.  Peremptory writ  
   56.24.  Costs  
   56.25.  Proceedings in nature of interpleader  
   56.26.  Proceedings not to abate due to death etc.  
   56.28.  Mandamus by order  
   56.29.  No action against party obeying writ or order

           Division 4 -- Prohibition and procedendo  

   56.30.  Court may direct service of statement of claim instead of issuing prohibition  
   56.31.  Proceedings on judgment  
   56.32.  Writ of procedendo  
   56.33.  Prohibition by order

           Division 5 -- Quo warranto  

   56.34A. Application for information of quo warranto  
   56.34.  Rules of court applicable  
   56.35.  Signature and service of information

   ORDER 56A -- Review orders under the Magistrates Court Act 2004  

   56A.1.  Terms used  
   56A.2.  Application for review order, making  
   56A.3.  Application for review order, procedure on  
   56A.4.  Review order, service of  
   56A.5.  Review order, hearing of  
   56A.6.  Final order, making and service of

   ORDER 57 -- Habeas corpus  

   57.1.   Application for writ  
   57.2.   Power of Court when ex parte application made  
   57.3.   Copies of affidavits to be supplied  
   57.4.   Court may order release of person restrained  
   57.5.   Signed copy of writ to be filed  
   57.6.   Order for issue of writ, contents of  
   57.7.   Service of writ and notice  
   57.8.   Return to writ of habeas corpus  
   57.9.   Procedure on hearing  
   57.10.  Form of writ

   ORDER 58 -- Proceedings by originating summons

           Division 1 -- Introductory  

   58.1.   Which proceedings to be commenced by originating summons

           Division 2 -- Administration and trusts  

   58.2.   Executors etc. seeking certain relief without administration  
   58.3.   Executors etc. applying for administration  
   58.4.   Service of summons issued under r. 2 or 3  
   58.5.   Decision without judgment for administration  
   58.6.   Orders which may be made on application for administration etc. of trusts  
   58.7.   Interference with discretion of trustee etc.  
   58.8.   Conduct of sale of trust property

           Division 4 -- Declaration on originating summons  

   58.10.  Construction of written instruments  
   58.11.  Construction or validity of legislation  
   58.12.  Court may refuse to determine summons in some cases  
   58.13.  Effect of contracts for sale etc. of land

           Division 5 -- General  

   58.14.  Form and issue of originating summons  
   58.15.  Order 7 applies to originating summons  
   58.16.  Time for appearance  
   58.17.  Entry of appearance  
   58.18.  When appearance not required  
   58.18A. Time for service where appearance not required  
   58.19.  Fixing time for hearing summons  
   58.21.  Evidence at hearing to be by affidavit  
   58.22.  Hearings in absence of party  
   58.23.  Order made ex parte may be set aside  
   58.24.  Costs thrown away by non‑attendance of party  
   58.25.  Hearings not completed on hearing date  
   58.26.  Other matters that may be included in one summons  
   58.27.  Directions as to hearings, evidence etc.  
   58.28.  Adjourning hearings  
   58.29.  Court’s powers and procedure at hearings  
   58.30.  Transfer of Land Act 1893 s. 129C applications, directions as to

   ORDER 59 -- Applications and proceedings in chambers  

   59.1.   Business to be dealt with in chambers  
   59.2.   Hearings may be in open court or chambers  
   59.3.   Applications in chambers  
   59.4.   Form and issue of summons  
   59.5.   Summons, service of  
   59.6.   Experts, assistance of  
   59.7.   Application of O. 58 r. 22 to 28  
   59.8.   Stay of proceedings, ordering  
   59.9.   Parties to confer before making application  
   59.10.  Orders, form of

   ORDER 60 -- Masters’ jurisdiction  

   60.1.   Masters’ general jurisdiction  
   60.2.   Master may refer matter to judge or Court of Appeal

   ORDER 60A -- Jurisdiction of registrars and appeals from registrars’ decisions  

   60A.1.  Registrars’ general jurisdiction  
   60A.2.  Registrars’ jurisdiction with respect to case management  
   60A.2A. Registrars to deal with applications within their jurisdiction  
   60A.3.  Registrar may refer proceedings to judge or master  
   60A.4.  Appeals from decisions of registrars  
   60A.5.  Appeal procedure  
   60A.6A. Other parties to appeal to advise certain matters  
   60A.6.  Appeal is by way of new hearing  
   60A.7.  This Order not to apply to Court of Appeal Registrar

   ORDER 61 -- Proceedings under judgments and orders

           Division 1 -- Application of order  

   61.1.   Application to proceedings under orders

           Division 2 -- Summons to proceed  

   61.2.   Summons to proceed, requirement for and proceedings on  
   61.3.   Notice of judgment, Court may order service of in some cases  
   61.4.   Settling deed if parties differ, procedure for  
   61.5.   When service of notice of judgment may be dispensed with  
   61.6.   Judgment for accounts etc., power to bind persons in some cases  
   61.7.   Procedure where some parties not served etc.  
   61.8.   Course of proceedings in chambers

           Division 3 -- Attendances  

   61.9.   Classifying interests of parties  
   61.10.  Judge may require distinct solicitor to represent parties  
   61.11.  Attendance of parties not directed to attend  
   61.12.  Order stating parties directed to attend

           Division 4 -- Claims of creditors and other claimants  

   61.13.  Advertisements for creditors etc., power to direct  
   61.14.  Advertisements, preparation etc. of  
   61.15.  Advertisements, contents of  
   61.15A. Claims to state claimant’s contact details  
   61.16.  Failure to claim within specified time  
   61.17.  Examination and verification of claims  
   61.18.  Adjudicating on claims  
   61.19.  Adjourning adjudications; fixing time for filing evidence etc.  
   61.20.  Service of notice of judgment on certain claimants  
   61.21.  Notice of claims allowed or disallowed

           Division 5 -- Interest  

   61.23.  Interest on debts  
   61.24.  Interest on legacies

           Division 6 -- Masters’ and registrars’ certificates  

   61.25.  Master’s certificate  
   61.26.  Settling and filing master’s certificate  
   61.27.  Judge may determine questions in proceedings before master  
   61.28.  Appeal against master’s certificate  
   61.28A. Judge may discharge or vary registrar’s certificate

           Division 7 -- Further consideration  

   61.29.  Summons to have matter in chambers further considered

   ORDER 62 -- Trustees Act 1962 rules  

   62.1.    Making applications under Act  
   62.2.   Title of proceedings  
   62.3.   Payment into court under Act s. 99  
   62.4.   Notice of payment in etc.  
   62.5.   Applications in respect of money etc. paid into court

   ORDER 65 -- Appeals to the General Division

           Division 1 -- Preliminary matters  

   65.1.   Terms used  
   65.2.   Application of this Order

           Division 2 -- General matters  

   65.3.   Hearings by telephone  
   65.4.   Judge’s general jurisdiction  
   65.5.   Non‑attendance by party, consequences of  
   65.6.   Decisions made in absence of party  
   65.7.   Decisions made on the papers

           Division 3 -- Procedure on appeals  

   65.8.   Nature of appeals  
   65.9.   Time for appealing  
   65.10.  Appeal, how to commence  
   65.11.  Primary court to be notified and to supply records  
   65.12.  Respondent’s options  
   65.13.  Interim order, applying for  
   65.14.  Urgent appeal order, nature of  
   65.15.  Consenting to orders  
   65.16.  Appeal books not needed unless ordered

           Division 4 -- Concluding an appeal  

   65.17.  Discontinuing an appeal  
   65.18.  Settling an appeal  
   65.19.  Return of exhibits

   ORDER 65C -- Electoral Act 1907 section 62N rules  

   65C.1.   Term used: Electoral Commissioner  
   65C.2.  Application of this Order  
   65C.3.  Application for review  
   65C.4.  Title of proceedings  
   65C.5.  Hearing the review  
   65C.6.  Date of hearing  
   65C.7.  Review book  
   65C.8.  Applicant limited to grounds in originating motion  
   65C.9.  Right to be heard in opposition  
   65C.10. Additional affidavits, determination of issue etc.  
   65C.11. Order as to result of review  
   65C.12. Application of rules of court

   ORDER 66 -- Costs

           Division 1 -- General  

   66.1.   General rules as to costs  
   66.2.   Costs where several causes of action, defendants etc.  
   66.3.   Costs of amendment without leave or where facts or documents not admitted  
   66.4.   Action as to property, ordering costs out of property  
   66.5.   Lawyer may be ordered to pay costs etc.  
   66.6.   Solicitor guardian ad litem, costs of  
   66.7.   Set‑off may be allowed despite solicitor’s lien  
   66.8.   State solicitors, costs of  
   66.8A.  Costs in case of legal practitioner acting pro bono  
   66.9.   Restriction of discretion to order costs in some cases  
   66.10.  Stage at which costs may be dealt with  
   66.11.  Scale of costs  
   66.13.  Costs where scale does not apply  
   66.14.  Lump sum award for costs, interim award as to  
   66.17.  Cases that Magistrates Court could have decided, costs in  
   66.18.  Matters not provided for in scale  
   66.19.  Disbursements etc. allowable on taxation  
   66.20.  Basis for calculating costs  
   66.21.  No substantial trial, costs in case of  
   66.23.  Certain fees in scales may be increased if inadequate  
   66.24.  Judgment for person under disability, solicitor’s costs in case of  
   66.25.  Own costs orders

           Division 2 -- Taxation of costs  

   66.32.  Bills of costs to be taxed  
   66.33.  Indorsements on bill of costs  
   66.34.  When notice of taxation need not be given  
   66.35.  Notice of taxation  
   66.36.  Vouchers as to disbursements to be filed  
   66.37.  Solicitor delaying taxation  
   66.38.  Appointment to tax costs to be peremptory  
   66.39.  Taxing officer may direct bills of costs to be brought in  
   66.40.  Default by party in taxing costs  
   66.41.  If costs payable out of property, notice to clients may be directed  
   66.42.  Bills of costs, content of  
   66.43.  Taxing officer’s decisions on fact are final  
   66.44.  Taxing officer’s powers  
   66.45.  Taxing officer may refer taxation question to Court  
   66.46.  Where proceedings adjourned into court  
   66.47.  Interrogatories and discovery, costs of  
   66.48.  Costs of motion etc. follow event  
   66.49.  Motion etc. stood over to trial and no order made as to costs, costs in case of  
   66.50.  Costs reserved  
   66.51.  When Court may fix costs  
   66.52.  Taxing officer may refer question to judge if costs to be apportioned etc.

           Division 3 -- Review of taxation  

   66.53.  Party dissatisfied with taxation may object and apply for review  
   66.54.  Review of taxation by taxing officer  
   66.55.  Review of taxation by judge  
   66.56.  No further evidence on review except with leave

           Division 4 -- Miscellaneous  

   66.57.  Taxing officer’s certificate enforceable as judgment  
   66.58.  Stay on review  
   66.59.  Party liable to be paid and to pay costs, taxing officer’s powers in case of  
   66.60.  Taking of accounts, taxing officer’s duties and powers on  
   66.61.  Interim certificate in matters of account

   ORDER 67 -- Central Office, officers  

   67.1.   Superintendence of Central Office  
   67.2.   Ministerial acts of registrar  
   67.3.   Taking of oaths and affidavits  
   67.4.   Seals  
   67.5.   Abuse of process etc., procedure in case of  
   67.6.   Sealed documents, evidentiary status of  
   67.7.   Petition, award etc. to be filed before judgment etc. passed  
   67.8.   Indexes to filed documents  
   67.9.   Date of filing to be marked etc.  
   67.10.  Custody of documents and things  
   67.12.  Deposit of documents  
   67.13.  Restriction on removal of documents  
   67.14.  Deposit for officer’s expenses  
   67.15.  Admissions, awards etc. to be filed  
   67.16.  New forms  
   67.17.  Accounts etc. to be taken by registrar, rules applying to  
   67.18.  Reference in judgment etc. to registrar, effect of  
   67.19.  Principal Registrar may declare ECMS unavailable

   ORDER 67A -- Filing documents

           Division 1 -- Preliminary matters  

   67A.1.  Terms used

           Division 2 -- Filing documents  

   67A.2.  General rules about filing documents  
   67A.3.  Documents must be filed using ECMS  
   67A.4.  Documents presented for filing using ECMS or email  
   67A.5.  Delivering documents for filing  
   67A.6.  Posting documents for filing  
   67A.7.  Faxing documents for filing  
   67A.8.  How filed paper documents are to be dealt with

           Division 3 -- Documents containing sensitive information  

   67A.9.  Terms used  
   67A.10. Person to advise Court if filing sensitive document  
   67A.11. Documents containing restricted information  
   67A.12. Documents containing information to which access should be restricted  
   67A.13. Restricted documents  
   67A.14. Documents that are not to be accessible to judiciary

           Division 4 -- Miscellaneous matters  

   67A.15. Principal Registrar may delegate  
   67A.16. Principal Registrar may refer matters to judge or master  
   67A.17. Appeals from decisions made under this Order

   ORDER 67B -- Access to information and things held by the Court

           Division 1 -- Preliminary matters  

   67B.1.  Terms used  
   67B.2.  Application of this Order  
   67B.3.  Access to information and things under other legislation  
   67B.4.  Order does not limit Court’s general power to release information

           Division 2 -- Orders restricting access  

   67B.5.  Court’s powers to restrict access

           Division 3 -- Entitlements to access  

   67B.6.  Entitlements of every person  
   67B.7.  Entitlements of parties

           Division 4 -- Access with the Court’s permission  

   67B.8.  Access with the Court’s permission  
   67B.9.  When Court can give permission  
   67B.10. When media manager can give permission

           Division 5 -- Applications for access  

   67B.11. Applying for access  
   67B.12. Court’s powers as to applications for permission  
   67B.13. How applications are determined

           Division 6 -- How access is given  

   67B.14. How and when the Court gives access

           Division 7 -- Access by non‑parties to documents in cases commenced before 1 March 2018  

   67B.15. Application of this Division  
   67B.16. Documents that can be inspected or copied

           Division 8 -- Miscellaneous matters  

   67B.17. Registrars’ decisions may be dealt with by judge or master

   ORDER 68 -- Sittings, vacations and office hours  

   68.1.   Civil sittings  
   68.2.   Criminal sittings  
   68.3.   Court vacations  
   68.4.   Days included in sitting and vacation  
   68.5.   When Court’s offices are open  
   68.6.   Office hours  
   68.7.   Vacation Judge

   ORDER 69 -- Paper, printing, notice, and copies  

   69.1.   Printing of documents, rules as to  
   69.2.   Requirements as to documents prepared by parties  
   69.4.   Copies of documents for other parties  
   69.5.   Requirements as to copies  
   69.6.   Copies of affidavits on certain ex parte applications

   ORDER 70 -- Disability  

   70.1.   Terms used  
   70.2.   Persons under disability suing or defending  
   70.3.   Appointment of next friend or guardian ad litem  
   70.4.   Special provisions for probate actions  
   70.5.   Procedure on no appearance by person under disability  
   70.6.   Time for application by person under disability to discharge or vary order under O. 18 r. 7  
   70.7.   Removal of next friend or guardian  
   70.8.   No implied admission from pleading  
   70.9.   Discovery and interrogatories  
   70.10.  Settlement etc. of action by person under disability  
   70.10A. Settlement etc. of appeal by person under disability  
   70.11.  Settlement etc. before action commenced  
   70.12.  Control of money recovered for person under disability  
   70.13.  Personal service on person under disability

   ORDER 71 -- Partners, business names  

   71.1.   Partners may sue or be sued in name of firm  
   71.2.   Disclosure of partners’ names  
   71.3.   Service on firm  
   71.4.   Person served under r. 3 to be notified of character in which he is served  
   71.5.   Appearance of partners  
   71.6.   No appearance except by partners  
   71.7.   Appearance under protest of person served as partner  
   71.9.   Rules 1 to 7 apply also to some actions between firm and its members etc.  
   71.11.  Rules 2 to 9 apply to proceedings begun by originating summons  
   71.12.  Application to person using business name  
   71.13.  Application to charge partner’s interest in partnership etc.

   ORDER 71A -- Contact details of parties and others  

   71A.1.  Addresses of places, requirements for  
   71A.2.  Geographical addresses  
   71A.3A. Court may dispense with requirement to state geographical address  
   71A.3.  Service details, meaning of  
   71A.4.  Documents without contact details to be rejected  
   71A.5.  Changes of information to be notified  
   71A.6.  Fictitious details in documents, court powers as to

   ORDER 72 -- Service of documents  

   72.1.   When personal service required  
   72.2.   Personal service on individual  
   72.3.   Personal service on body corporate  
   72.3A.  Personal service on State  
   72.4.   Substituted service  
   72.5.   Ordinary service, how effected  
   72.5A.  Ordinary service, when effected  
   72.6.   Service of documents by Court  
   72.6A.  Serving documents by email  
   72.7.   Affidavits of service, content of  
   72.8.   No service required in certain cases

   ORDER 73 -- Probate proceedings  

   73.1.   Application of this Order and terms used  
   73.2.   Commencing probate action  
   73.4.   Intervention by person who is not defendant  
   73.5.   Citation against non-party with adverse interest  
   73.6.   Person cited failing to appear  
   73.7.   Entry of appearance  
   73.8.   Citation to executor etc. to bring in probate etc.  
   73.8A.  Applications to include draft citation  
   73.9.   Citations, issue of  
   73.10.  Citations, service of  
   73.11.  Affidavit of scripts  
   73.12.  Scripts in pencil, affidavits as to; inspecting affidavits of scripts  
   73.13.  Default of appearance  
   73.14.  Counterclaim  
   73.15.  Defendant may require only proof in solemn form  
   73.16.  Pleadings  
   73.17.  Default of pleadings  
   73.18.  Discontinuance  
   73.19.  Compromise  
   73.20.  Orders etc. to bring in will etc.  
   73.21.  Applications, making  
   73.22.  Administrator or receiver appointed pending litigation

   ORDER 75 -- Family Provision Act 1972 rules  

   75.1.    Terms used  
   75.2.   Applications under Act, making of  
   75.3.   Copy of summons to be placed on probate file or linked to electronic file  
   75.5.   Court may make inquiries etc.  
   75.6.   Parties may be added  
   75.7.   Representative defendant  
   75.8.   Probate etc. to be lodged at Registry if judgment for plaintiff  
   75.9.   Appearance to originating summons for extension of time not required

   ORDER 75A -- Admission rules  

   75A.1.  Terms used  
   75A.2.  Application for admission  
   75A.2A. Compliance certificates  
   75A.2B. Appeals under Legal Profession Uniform Law (WA) section 26 or  
   75A.2C. Objection to admission  
   75A.3.  Attendance at hearing of application for admission  
   75A.4.  Oath or affirmation

   ORDER 76 -- Public Notaries Act 1979 rules  

   76.1.    Terms used  
   76.1A.  Districts prescribed for Act  
   76.2.   Application for certificate of fitness (Act s. 8)  
   76.3.   Notice of intention to apply to be appointed Public Notary (Act s. 9)  
   76.4.   Application to be appointed Public Notary  
   76.5.   Certificates of appointment, form of  
   76.6.   Applications to suspend or strike off Public Notaries  
   76.7.   Fees payable on application for appointment

   ORDER 80 -- Escheat (Procedure) Act 1940 rules  

   80.1.    Term used: said Act  
   80.2.   Applications for Order of Escheat, making  
   80.3.   Notice of applications, form of  
   80.4.   Evidence; judge may direct inquiry  
   80.5.   Claimants to file affidavit verifying claim and may be heard  
   80.6.   Judge may order issue to be tried  
   80.7.   Order of Escheat, form of  
   80.8.   Costs

   ORDER 80A -- Royal Commission (Custody of Records) Act 1992 rules  

   80A.1.   Terms used  
   80A.2.  Applications for leave to have access (Act s. 14)  
   80A.3.  Order granting leave, form of

   ORDER 81B -- Service and Execution of Process Act 1992 (Commonwealth) rules  

   81B.1.   Terms used; how applications to be made  
   81B.2.  Enforcing judgments under Act s. 105, procedure for  
   81B.3.  Claiming interest under Act s. 108, procedure for  
   81B.4.  Appeals under Act

   ORDER 81C -- Road traffic legislation rules  

   81C.1.  Terms used  
   81C.2.  Applications under RT (AD) Act s. 24, 27 or 35, how to be made  
   81C.3.  Registrar’s functions when application is made  
   81C.4.  Applicant to serve application etc.  
   81C.5.  Hearing of application, appearance at  
   81C.6.  Hearing of application, procedure on  
   81C.7.  CEO to be notified of decision

   ORDER 81E -- Cross‑vesting  

   81E.1.  Terms used  
   81E.2.  Application of this Order  
   81E.3.  Commencing proceedings that rely on cross-vesting laws  
   81E.4.  Special federal matters  
   81E.6.  Directions for conduct of proceedings  
   81E.7.  Transfer of proceedings  
   81E.8.  Applications to be dealt with by judge  
   81E.9.  Transfer on Attorney General’s application (Act s. 5 or 6)  
   81E.10. Transfer under Act s. 8, Court’s powers on  
   81E.11. Procedure if laws etc. of other place to apply under Act s. 11(1)

   ORDER 81F -- Proceeds of Crime Act 2002 (Commonwealth) rules  

   81F.1.   Terms used  
   81F.2.  Applications under Act, how to be made  
   81F.3.  Service on DPP (Cwlth) in Perth  
   81F.4.  DPP to file grounds for contesting application  
   81F.5.  Summons for directions  
   81F.6.  Court may give directions at any time  
   81F.7.  Representative respondent  
   81F.8.  Evidence on applications  
   81F.9.  Court may order separate hearing

   ORDER 81FA -- Criminal Property Confiscation Act 2000 rules

   PART 1 -- Preliminary  

   81FA.1. Terms used

   PART 2 -- Proceedings under the Confiscation Act 2000  

   81FA.2. Declarations under Act s. 30, applications for  
   81FA.3. Other declarations or orders, applications for  
   81FA.4. Affidavit in support required for some applications  
   81FA.5. Objections to confiscation of property, making of  
   81FA.6. DPP or CCC to be served  
   81FA.7. Directions  
   81FA.8. Conference not required  
   81FA.9. Representative defendant

   PART 3 -- Registration of freezing notices and interstate orders  

   81FA.10.Freezing notices, registration of etc.  
   81FA.11.Interstate orders, registration of etc.

   ORDER 81G -- Criminal and Found Property Disposal Act 2006 rules  

   81G.1.   Terms used  
   81G.2.  General matters  
   81G.3.  Claims, how to be made  
   81G.4.  Defendant may file memorandum of appearance  
   81G.5.  Defendant may file affidavit in response  
   81G.6.  Applications in course of proceedings on claim  
   81G.7.  Hearing claims  
   81G.8.  Costs  
   81G.9.  Documents cannot be filed electronically

   ORDER 81H -- Surveillance Devices Act 1998 rules  

   81H.1.   Term used: Act  
   81H.2.  Warrants, applications for  
   81H.3.  Report to judge (Act s. 21 or 30)  
   81H.4.  Order allowing publication etc. (Act s. 31), application for  
   81H.5.  Identification of persons in documents  
   81H.6.  Practice Directions  
   81H.7.  Documents cannot be filed electronically

   ORDER 82 -- Sheriff’s rules  

   82.7.   Service of process by sheriff  
   82.9.   Fees etc. payable to sheriff, disputes as to  
   82.11.  Deposit on account of sheriff’s fees  
   82.14.  Travel distance by sheriff for service  
   82.16.  Non‑payment of sheriff’s fees, consequences of

   ORDER 83 -- Consolidation of pending causes and matters  

   83.1.   Causes may be consolidated  
   83.2.   Consolidation with action removed from another court  
   83.3.   Directions

   ORDER 84 -- General rules  

   84.1.   Repealed Orders not revived  
   84.2.   Cases not provided for  
   84.3.   Publication of written reasons for judgment  
   84.4.   Bankruptcy jurisdiction, duty of Registrar in Bankruptcy as to seals, records etc.  
   84.5.   Public Trustee Act 1941 s. 27, proceedings under  
   84.6.   Sale proceeds paid into court, claimants to must file affidavit  
   84.7.   Account by solicitor to client, applying for and order as to  
   84.8.   Interest and apportionment, certification of  
   84.9.   Admiralty Act 1988 (Cwlth) rules, registrar etc. may exercise powers etc. under

   ORDER 85 -- Federal Courts (State Jurisdiction) Act 1999 rules  

   85.1.    Terms used  
   85.2.   Title of proceedings  
   85.3.   No proceedings on ineffective judgment before application to have it registered  
   85.4.   Ineffective judgment, application for registration of  
   85.5.   Ineffective judgments, registration of  
   85.6.   Act s. 10, application for order under  
   85.7.   Act s. 11, application for order under  
   85.8.   Act s. 11, effect of order under
           SCHEDULE 2 -- Forms  
           SCHEDULE 3 -- Payment into and out of court


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