- (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-Generals 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. ]