This legislation has been repealed.
S.R. No. 78/1999 Version incorporating amendments as at 2 January 2008 TABLE OF PROVISIONS Rule Page ORDER 1-PRELIMINARY 1.01. Title 1.02. Object 1.03. Authorising provisions 1.04. Commencement 1.05. Revocation 1.06. Definitions ORDER 2-APPEALS TO COUNTY COURT UNDER SUBDIVISION 1, DIVISION 4 OF PART 4 OF THE MAGISTRATES' COURT ACT 1989 AND UNDER DIVISION 8 OF PART 3 AND DIVISION 8 OF PART 4 OF THE CHILDREN AND YOUNG PERSONS ACT 1989. 2.01. Application 2.02. Definitions 2.03. Notice of appeal (under section 83 of the Magistrates' Court Act 1989) undertaking to prosecute and Schedule 6 clause 1(4A) statement and Notice of Appeal by Director of Public Prosecutions 2.04. Notice pursuant to clause 1(4B)(a) of Schedule 6 to the Magistrates' Court Act 1989. 2.05. Notice of appeal (under section 116 or 197 of the Children and Young Persons Act 1989) and undertaking to prosecute 2.06. Practitioner to notify that he or she acts 2.07. Notice of abandonment-imprisonment or detention 2.08. Notice of abandonment-other sentencing order 2.09. Application for leave to abandon appeal out of time 2.10. Notice of abandonment-Registrar to make order 2.11. Order striking out appeal 2.12. Registrar to fix appeal 2.13. Recording of decision 2.14. Copies of record 2.15. Application to set aside order striking out appeal for failure to appear 2.16. Application for rehearing of appeal 2.17. Application for leave to apply out of time for rehearing of appeal ORDER 3-REMITTED AND TRANSFERRED ACTIONS 3.01. Application 3.02. Definition 3.03. Proceeding remitted and proceeding tried by consent 3.04. Statement of cause of action 3.05. Time for taking any step, doing any act ORDER 4-PROCEEDINGS UNDER THE INSTRUMENTS ACT 1958. 4.01. Application 4.02. General 4.02. 1. Definition 4.03. Form 2-4A. 4.04. Final judgment when leave not obtained 4.05. Application for leave to appear and to defend and for leave to commence more than one proceeding on 2 or more bills 4.06. Endorsement of decision 4.07. Registrar to inform parties 4.08. Leave to defend equivalent to appearance ORDER 5-OFFICERS 5.01. Registrar to keep seal and books 5.02. Registrar to permit searches in most cases 5.03. Registrar to have general administrative control 5.04. Additional powers 5.05. Pre-trial matters after setting down 5.06. Deputy registrars ORDER 6. ORDER 7-COMMERCIAL ARBITRATION 7.01. Definition 7.02. Application of Order 7.03. Jurisdiction 7.04. Enforcement of award 7.05. Indorsement and service of order 7.06. Appeal under section 38. 7.07. Application under section 39(1) 7.08. Application under section 42 or 43. 7.09. Offer of compromise 7.10. Form of offer 7.11. Time for making, accepting, payment under etc. offer 7.12. Effect of offer 7.13. Disclosure of offer 7.14. Failure to comply with accepted offer 7.15. Costs where offer not accepted 7.16. Hearing on costs ORDER 8-PAYMENT INTO COURT BY BANK GUARANTEE 8.01. Application 8.02. Payment by way of irrevocable guarantee 8.03. Requirement of guarantee 8.04. Liability of bank ORDER 9-FINE ENFORCEMENT RULES 9.01. Definitions 9.02. Proper officer 9.03. Application 9.04. Stay of enforcement or execution 9.05. Consideration of application 9.06. Order and notice 9.07. Enforcement of fine against a natural person 9.08. Enforcement of fine against body corporate 9.09. Undertaking to appear 9.10. Service of notices and orders 9.11. Warrant of commitment ORDER 10-CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME 10.01. Definitions 10.02. Application of this Order 10.03. Making of application to the Court 10.04. Notice and service generally 10.05. Applications for restraining orders and monitoring orders 10.06. Application without notice under the Act 10.07. Other applications generally under Commonwealth Act 10.08. Notice of application 10.09. Filing and directions 10.10. Notice of opposition to an application 10.11. Evidence 10.12. Notice of order or declaration 10.13. Notice of discharge ORDER 10A-Revoked 10A.01. 10A.05 Revoked ORDER 11-PRE-TRIAL CRIMINAL PROCEDURE RULES 11.01. Application 11.02. Definitions 11.03. Notice by solicitor to DPP and CTLD 11.04. Copy presentment to be served 11.05. Notification of readiness for trial 11.06. Notice by solicitor to Registrar 11.07. Unrepresented accused person 11.08. Questionnaire 11.09. Costs liability 11.10. Pre-trial conference 11.11. Pre-trial hearing ORDER 11A-APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958. 11A.01. Application of Order 11A.02. Application under section 42E. 11A.03. Application under section 42L. 11A.04. Application under section 42M. 11A.05. Application under section 42N. 11A.06. Application under section 42P. ORDER 12-PROCEEDINGS UNDER IMPRISONMENT OF FRAUDULENT DEBTORS ACT 1958. 12.01. Application 12.02. Filing of summons 12.03. Service of summons 12.04. Affidavit of service 12.05. Contents of affidavit in support 12.06. Witnesses 12.07. Warrants to be returned 12.08. Certificate of payment 12.09. Costs 12.10. Indorsement on warrant 12.11. Discharge by payment ORDER 13-PROCEEDINGS UNDER PART IV OF THE ADMINISTRATION AND PROBATE ACT 1958. 13.01. Definitions 13.02. Application 13.03. Application by originating motion 13.04. Parties to application 13.05. Directions to be given 13.06. Summons for directions 13.07. Directions 13.08. Failure to comply with directions 13.09. Production of probate 13.10. Procedure after order for plaintiff ORDER 14-SUMMONS TO WITNESS IN CRIMINAL PROCEEDINGS 14.01. Subpoenas ORDER 15-SERVICE AND EXECUTION OF PROCESS RULES 15.01. Definitions 15.02. How application made 15.03. Enforcement of judgment 15.04. Costs ORDER 16-APPLICATIONS UNDER SECTION 26(4) OF THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996. 16.01. Application of Order 16.02. Application for approval of a proposed change of name for a child 16.03. Order 16.04. Other applications ORDER 17-JURY SERVICE APPEALS 17.01. Definitions 17.02. Application 17.03. Lodgment of appeal under section 10. 17.04. Papers for Judge 17.05. Judge to consider papers 17.06. Hearing of appeal 17.07. If appellant does not appear at hearing __________________ FORMS Form 2-2A-Notice of Appeal (Pursuant to Section 83), Undertaking to Prosecute and Acknowledgement of Schedule 6, Clause 1(4A) Notice Form 2-2AA, 2-2AB-Revoked Form 2-2B-Notice of Appeal Form 2-2C-Notice Pursuant to Schedule 6 Clause 1(4B)(a) of the Magistrates' Court Act 1989. Form 2-2CA-Revoked Form 2-2D-Notice of Appeal and Undertaking to Prosecute Form 2-2E-Notice of Abandonment of Appeal Form 2-2F-Notice of Abandonment of Appeal Form 2-2G-Notice of Abandonment of Appeal Form 2-2H-Application for Leave to Abandon Appeal from the Magistrates' Court Out of Time Form 2-2J-Order Striking Out Appeal Form 2-2K-Order Striking Out Appeal Form 2-2L-Notice to Certain Officials of a County Court's Appeal Decision Form 2-2M-Notice to Certain Officials of County Court's Appeal Decision Form 2-2N-Application to Set Aside Order Striking Out Appeal for Failure to Appear Form 2-2O-Application for Rehearing of Appeal Form 2-2P-Application for Leave to Apply Out of Time for Rehearing of Appeal Form 2-4A-Writ-Instruments Act 1958. Form 2-4B-Application for Leave to Appear and to Defend Form 2-4C-Application for Leave to Commence more than One Proceeding on 2 or more Bills Form 2-8A-Irrevocable Guarantee Form 2-8B-Notice of Discharge and Payment into Court Form 2-9A-Application Form 2-9B-Notice of Hearing of Application Form 2-9C-Notice About the Procedure for Enforcement of Fines Form 2-9D-Consent to a Community Based Order Form 2-9E-Community Based Order in Default of Payment of a Fine Form 2-9F-Summons for Failure to Pay a Fine Form 2-9G-Warrant to Arrest for Failure to Pay a Fine Form 2-9H-Notice About the Procedure for Enforcement of a Fine (Bodies Corporate) Form 2-9J-Warrant of Commitment Form 2-10A-Application Under Section 98 for Examination Order Form 2-10B-Application Under Section [insert relevant section and relevant Act] for Restraining Order Form 2-10C-Notice of Application Made Under Section 16. Form 2-10D-Notice of Application to be Made Under Section 20 for Exclusion Order Form 2-10E-Notice of Application to be Made Under Section 26 for Further Orders Form 2-10F-Notice of Application to be Made Under Section 32 for Forfeiture Order Form 2-10FA-Notice of Application to be Made Under Section 37 for Civil Forfeiture Order Form 2-10G-Notice of Application to be Made Under Section 45 for Relief from Hardship Form 2-10H-Notice of Application to be Made Under Part 6 of the Confiscation Act for Exclusion Order Form 2-10J-Notice of Application to be Made Under Section 58 for Pecuniary Penalty Order Form 2-10K-Notice of Application Made Under Section 98 for Examination Order Form 2-10L-Notice of Application to be Made Under Section [Insert Number] of the Confiscation Act 1997. Form 2-10M-Important Note Form 2-10N-Notice of Discharge of Forfeiture Form 2-10O-Application Under Section [insert relevant section and relevant Act] for Monitoring Order Forms 2-10AA, 2-10AB-Revoked Form 2-11A-Notice that Solicitor Acts Form 2-11B-Notice that Solicitor has Ceased to Act Form 2-11C-Notice to Accused Person Form 2-11D-Notice of Readiness for Trial Form 2-11E-Questionnaire Form 2-11F-Application for Pre-Trial Hearing Form 2-11AA-Notice of Application Under Section 42L of the Evidence Act 1958. Form 2-11AB-Notice of Application Under Section 42M, 42N or 42P of the Evidence Act 1958. Form 2-12A-Affidavit in Support of a Summons to Debtor Form 2-12B-Certificate of Payment Form 2-16A-Notice of Application by a Child's Parent for Approval of a Proposed Change of Name of a Child Form 2-16B-Affidavit in Support of Application for Approval of a Proposed Change of Name of a Child Form 2-16C-Order Approving a Proposed Change of Name for a Child Form 2-16D-Notice of Application --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details ORDER 1 PRELIMINARY