AustLII Tasmanian Consolidated Regulations

[Index] [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.      Section 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.    Section 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.    Section 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.    Section 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.    Section 520
   521.    Report of plaintiff
   522.    Section 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.   Section 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.    Section 823
   824.    Section 824
   825.    Section 825
   826.    Section 826
   827.    Section 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.    Section 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.    Section 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

[ Note: This table has been automatically generated and may be incomplete. ]



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