Chapter 1 — Preliminary
r 1 Name of rules r 3 Overview of rules r 4 Application of rules r 5 References to court, judicial officer etc r 6 Dispensing with rules r 7 Dictionary r 8 Notes Chapter 2 — Civil proceedings generally
Part 2.1 — Introductory provisions—ch 2
r 20 Meaning of plaintiff and defendant r 22 Application—ch 2 Part 2.2 — Starting civil proceedings
Division 2.2.1 — How civil proceedings are started
r 30 Who may start and carry on a proceeding r 31 Kinds of originating processes r 32 When civil proceeding starts r 33 When originating claim must be used r 34 When originating application must be used r 35 When originating application may be used r 36 When originating application taken to be used r 37 When oral originating application may be made in Supreme Court r 38 Proceeding incorrectly started by originating claim r 39 Proceeding incorrectly started by originating application r 40 Setting aside originating process etc Division 2.2.2 — Originating claims
r 50 Originating claim—content etc r 51 Originating claim—additional matters for claims for debt and liquidated demands r 52 Originating claim—statement of claim for motor vehicle death and personal injury claims r 53 Originating claim—statement of claim for employment death and personal injury claims r 54 Originating claim—filing and service r 55 Originating claim—abandonment of excess in Magistrates Court Division 2.2.3 — Originating applications
r 60 Originating application—content etc r 61 Originating application—filing and service r 62 When originating application must be served r 63 What happens if originating application not served in time r 64 Originating application—filing and service of supporting affidavits Division 2.2.4 — Rules about originating process
r 70 Originating process to be sealed r 71 Numbering etc of proceedings r 72 Originating process—solicitor’s statement about filing r 73 Defendant taken to be served by filing notice of intention to respond or defence r 74 Originating process—duration and renewal r 75 When proceeding taken to be dismissed r 76 Reinstating dismissed proceeding Part 2.3 — Notice of intention to respond and defence
Division 2.3.1 — Notice of intention to respond and defence—general
r 100 No step without notice of intention to respond or defence r 101 Notice of intention to respond or defence—details to be included r 102 Notice of intention to respond or defence—filing and service r 103 Notice of intention to respond or defence—late filing or service r 104 Ground of defence arising after defence filed etc r 105 Defence—reliance on defence not disclosed r 106 Defendant may submit to judgment by notice of intention to respond r 107 Notice of intention to respond or defence—several defendants with same solicitor r 108 Notice of intention to respond or defence—person sued under partnership name r 109 Notice of intention to respond or defence—person incorrectly served as partner r 110 Notice of intention to respond or defence—person sued under business name r 111 Conditional notice of intention to respond Division 2.3.2 — Notice of intention to respond and defence—proceedings in Supreme Court for possession of land
r 150 Application—div 2.3.2 r 151 Proceeding for possession of land—leave to file defence etc r 152 Proceeding for possession of land—filing defence etc r 153 Proceeding for possession of land—service of defence etc Part 2.4 — Parties and proceedings
Division 2.4.1 — Including causes of action
r 200 Including causes of action r 201 Joint and separate claims r 202 Including causes of action inconveniently etc Division 2.4.2 — Including and substituting parties
r 210 Necessary parties r 211 Including parties—common issues of law or fact r 212 Including parties—defendants may be sued jointly, severally, or in alternative r 213 Including parties—joint entitlement r 214 Including parties—joint or several liability r 215 Including parties—plaintiff in doubt about defendant etc r 216 Including defendants—identical interest in relief unnecessary r 217 Including parties inconveniently etc r 218 Including parties—parties incorrectly included or not included r 219 Counterclaim or set-off when co-plaintiff wrongly included r 220 Court may include party if appropriate or necessary r 221 Plaintiffs may be included or substituted r 222 Inclusion or substitution as plaintiff requires agreement r 223 Including parties—procedure r 224 Including parties—inclusion to recover costs Division 2.4.3 — Changing parties
r 230 Removing parties r 231 Party becomes bankrupt, dies or becomes person with mental disability r 232 Amending or setting aside order for new party made on death etc of party r 233 Failure to proceed after death of party Division 2.4.4 — Included or changed parties—future conduct of proceedings
r 240 Application—div 2.4.4 r 241 Included or substituted defendant—filing and service of amended originating process r 242 Included or substituted parties—date proceeding taken to start r 243 Included or substituted parties—effect of action previously taken in proceeding r 244 Included or changed parties—other orders about future conduct of proceeding Division 2.4.4A — Representation in proceedings for personal injuries
r 245 Separate representation of defendant for insurer’s period on risk Division 2.4.5 — Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1
r 250 One proceeding for benefit of members of deceased person’s family r 251 Orders in proceedings for compensation to relatives in death claims Division 2.4.6 — Representation—trustees and personal representatives
r 255 Application—div 2.4.6 r 256 Representation—by trustees and personal representatives r 257 Representation—trustees and personal representatives must be parties r 258 Representation—beneficiaries and claimants r 259 Representation—proceeding about administration of deceased person’s estate or trust property r 260 Representation—orders bind represented people in estate or trust proceeding r 261 Representation—interests of deceased person’s estate Division 2.4.7 — Representation—numerous concurrent interests
r 265 Application—div 2.4.7 r 266 Representation—numerous concurrent interests r 267 Orders in div 2.4.7 proceeding bind represented people Division 2.4.8 — Multiple proceedings
r 270 Consolidation etc of proceedings Division 2.4.9 — People with a legal disability
r 275 Person with legal disability—litigation guardian to start proceeding etc r 276 Who may be litigation guardian r 277 Litigation guardian—liability for costs r 278 Becoming a litigation guardian r 279 Person with legal disability—effect of no notice of intention to respond or defence r 280 Litigation guardian—appointment and removal by court r 281 Litigation guardian—accounts r 282 Person with legal disability—approval of settlement etc Division 2.4.10 — Partnerships
r 285 Meaning of partnership proceeding—div 2.4.10 r 286 Proceeding in partnership name r 287 Disclosure of partners’ names Division 2.4.11 — Business names
r 290 Proceeding in registered business name r 291 Proceeding in business name if unregistered etc r 292 Business names—amendment about parties Part 2.5 — Third-party and similar proceedings
r 300 Purpose—pt 2.5 r 301 When a third-party proceeding starts r 302 Third-party proceeding—when available r 303 Third-party notice—content etc r 304 Third-party notice—additional matters for claims for debt and liquidated demands r 305 Third-party notice—statement of claim for certain personal injury claims r 306 Third-party notice—filing r 307 Third-party notice—sealing r 308 Third-party notice—service r 309 Third-party notice—effect of service on third party r 310 Third-party notice—setting aside r 311 Third-party notice—notice of intention to respond and defence r 312 Service of pleadings after filing of third-party notice r 313 Counterclaim by third party r 314 Third-party notice—default by third party r 315 Third parties—disclosure r 316 Third-party notice—hearing r 317 Third party—extent bound by judgment between plaintiff and defendant r 318 Third-party notice—judgment between defendant and third party r 319 Notice claiming contribution or indemnity against another party r 320 Notice claiming contribution or indemnity—filing and service etc r 321 Contribution under Civil Law (Wrongs) Act, s 21 r 322 Third-party notice—fourth and subsequent parties Part 2.6 — Pleadings
Division 2.6.1 — Application—pt 2.6
r 400 Application—pt 2.6 Division 2.6.2 — Rules of pleading
r 405 Pleadings—formal requirements r 406 Pleadings—statements in r 407 Pleadings—matters to be specifically pleaded r 408 Pleadings—money claims short form r 409 Pleadings—certain facts need not be pleaded r 410 Pleadings—technical objections r 411 Pleadings—references to spoken words and documents r 412 Pleadings—conditions precedent r 413 Pleadings—matters arising after start of proceeding r 414 Pleadings—inconsistent allegations etc r 415 Pleadings—notice pleaded as a fact r 416 Pleadings—implied contracts or relations r 417 Pleadings—kind of damages etc r 418 Pleadings—amount of unliquidated damages r 419 Pleadings—other relief Division 2.6.3 — Pleadings—general
r 425 Pleadings—striking out r 426 Pleadings—trial without Division 2.6.4 — Particulars
r 430 Pleadings—all necessary particulars must be included r 431 Pleadings—use of ‘Scott schedule’ r 432 Pleadings—negligence and breach of statutory duty r 433 Pleadings—how particulars must be given r 434 Pleadings—application for better particulars r 435 Pleadings—failure to comply with better particulars order r 440 Pleadings—answering r 441 Pleadings—denials and non-admissions r 442 Pleadings—defence to debt and liquidated demand claims r 443 Pleadings—defence to personal injury claims r 444 Pleadings—defence to proceeding on bill of exchange etc r 445 Pleadings—denial of representative capacity or partnership constitution r 446 Pleadings—denial of contract r 447 Pleadings—allegations admitted unless denied etc r 448 Pleadings—unreasonable denials and non-admissions r 449 Pleadings—confession of defence Division 2.6.6 — Special defences
r 455 Pleadings—defence of tender r 456 Pleadings—defence of set-off Division 2.6.7 — Counterclaims
r 460 Counterclaim—cause of action arising after start of proceeding r 461 Counterclaim—against plaintiff r 462 Counterclaim—against additional party r 463 Counterclaim—abandonment of excess in Magistrates Court r 464 Counterclaim—pleading r 465 Counterclaim—plaintiff may rely on previous pleadings r 466 Counterclaim—answer to r 467 Counterclaim—defence arising after answer r 468 Counterclaim—effect of no answer r 469 Counterclaim—response to answer r 470 Counterclaim—conduct and pleading r 471 Counterclaim—order for separate hearing r 472 Counterclaim—after judgment etc in original proceeding r 473 Counterclaim—judgment for balance r 474 Counterclaim—stay of claim Division 2.6.8 — Progress of pleading
r 480 Pleadings—reply to defence r 481 Pleadings—after reply r 482 Pleadings—joinder of issue r 483 Pleadings—close Division 2.6.9 — Admissions
r 490 Admissions—voluntary admission r 491 Admissions—notice to admit facts or documents r 492 Admissions—withdrawal r 493 Admissions—orders on Part 2.7 — Amendment
r 500 Application—pt 2.7 r 501 Amendment—when must be made r 502 Amendment—of documents r 503 Amendment—after limitation period r 504 Amendment—of originating process r 505 Amendment—of pleadings before close of pleadings r 506 Amendment—of pleadings disallowed r 507 Amendment—of pleadings after close of pleadings r 508 Amendment—when leave to amend ceases to have effect r 509 Amendment—procedure r 510 Amendment—person required to make r 511 Amendment—service of amended or revised document etc r 512 Amendment—pleading to r 513 Amendment—costs r 514 Amendment—taking effect Part 2.8 — Disclosure
Division 2.8.1 — Interpretation—pt 2.8
r 600 Definitions—pt 2.8 r 601 Meaning of privileged from production—pt 2.8 Division 2.8.2 — Disclosure of documents
r 605 Discoverable documents r 606 Orders about disclosure r 607 Notice to disclose discoverable documents r 608 List of discoverable and privileged documents etc r 609 Claim for privilege—challenge etc r 610 Claim for privilege—waiver r 611 Continuing disclosure Division 2.8.3 — Production and inspection
r 620 Production of documents for inspection r 621 Orders about production of documents for inspection r 622 Effect of inspection of documents disclosed by another party r 623 Production of documents at hearing of proceeding Division 2.8.4 — Interrogatories
r 630 Order for party to answer interrogatories r 631 Objections to answer interrogatories r 632 Orders about interrogatories r 633 Answers to interrogatories r 634 Answers to interrogatories—belief r 635 Answers to interrogatories to be verified r 636 Tendering of answers to interrogatories in evidence Division 2.8.5 — Who may verify list of documents or answers to interrogatories?
r 640 Answers by governments, corporations etc r 641 Party cannot swear affidavit personally Division 2.8.6 — Preliminary discovery
r 650 Discovery to identify potential defendant r 651 Discovery to identify right to claim relief r 652 Order under div 2.8.6—privilege r 653 Order under div 2.8.6—costs Division 2.8.7 — Non-party production
r 659 Application—div 2.8.7 r 660 Notice for non-party production—issue r 661 Notice for non-party production—service r 662 Notice for non-party production—inspection by other parties r 663 Notice for non-party production—application to set aside r 664 Notice for non-party production—privilege or objection r 665 Notice for non-party production—failure to produce documents r 666 Notice for non-party production—copying produced documents r 667 Notice for non-party production—costs Division 2.8.8 — Discovery—other provisions
r 670 Contravention of pt 2.8 order—contempt of court r 671 Contravention of pt 2.8 order—other action r 672 Solicitor to notify party of certain matters about pt 2.8 r 673 Improper use of disclosed document r 674 Failure to disclose document r 675 Discovery by electronic means—practice notes Part 2.9 — Preservation of rights and property
Division 2.9.1 — Interpretation—pt 2.9
r 700 Meaning of usual undertaking as to damages—pt 2.9 Division 2.9.2 — Interim preservation, distribution and payment
r 705 Application—div 2.9.2 r 706 Urgent orders before start of proceeding r 707 Interim distribution r 708 Interim income r 709 Payment before finding out everyone interested Division 2.9.3 — Inspection, detention, custody and preservation of property
r 715 Inspection, detention, custody and preservation of property—orders etc r 716 Disposal of property other than land r 717 Order for inspection, detention, custody or preservation affecting non-party r 718 Application for order for inspection, detention, custody or preservation r 719 Division 2.9.3—other jurisdiction of court not affected Subdivision 2.9.4.1 — Injunctions and similar orders—generally
r 725 Meaning of division 2.9.4 order r 726 Definitions—div 2.9.4 r 727 Division 2.9.4—other jurisdiction of court not affected r 728 Division 2.9.4 order—procedure r 729 Division 2.9.4 order without notice etc r 730 Division 2.9.4 order without trial r 731 Division 2.9.4 order—expedited trial r 732 Division 2.9.4 order—damages and undertaking as to damages r 733 Division 2.9.4 order—other undertakings and security to perform undertaking r 740 Definitions—sdiv 2.9.4.2 r 741 Freezing orders—general r 742 Ancillary orders r 743 Freezing orders—order against enforcement debtor or prospective enforcement debtor or third party r 745 Freezing orders—costs Subdivision 2.9.4.3 — Search orders
r 750 Definitions—sdiv 2.9.4.3 r 751 Search orders—general r 752 Search orders—requirements for making order r 753 Search orders—terms of order r 754 Search orders—independent solicitors r 755 Search orders—costs Division 2.9.5 — Receivers
r 765 Application—div 2.9.5 r 766 Receiver—agreement to act as etc r 767 Receiver—application for order appointing etc r 768 Receiver—address for service r 769 Receiver—security r 770 Receiver—remuneration r 771 Receiver—accounts r 772 Receiver—default r 773 Receiver—powers r 774 Receiver—duty in relation to property r 775 Receiver—liability r 776 Receiver—death of Division 2.9.6 — Sales of land by court order
r 780 Meaning of land—div 2.9.6 r 781 Application—div 2.9.6 r 782 Sale of land—order r 783 Sale of land—conduct of sale r 784 Sale of land—certificate of sale result r 785 Mortgage, exchange or partition Part 2.10 — Offers of compromise
r 1000 Application—pt 2.10 r 1001 Definitions—pt 2.10 r 1002 Making offer r 1003 Acceptance of offer r 1004 Withdrawal of acceptance r 1005 Failure to comply with accepted offer r 1006 Disclosure of offer to court r 1007 Compromises in certain Supreme Court proceedings r 1008 Offer to contribute r 1009 Offer accepted and no provision for costs r 1010 Offer not accepted and judgment no less favourable to plaintiff r 1011 Offer not accepted and judgment no more favourable to plaintiff r 1012 Offer not accepted and judgment no less favourable to defendant r 1013 Costs in relation to interest r 1014 Miscellaneous Part 2.11 — Resolving proceedings early
Division 2.11.1 — Uncontested debts and liquidated demands
r 1100 Meaning of prescribed costs amount—div 2.11.1 r 1101 Application—div 2.11.1 r 1102 Stay of debt etc proceeding on payment of amount sought r 1103 Assessment of costs for stayed debt etc proceeding r 1104 Judgment on acknowledgment of debt or liquidated demand Division 2.11.2 — Default by plaintiff
r 1110 Default by plaintiff—dismissal of proceeding Division 2.11.3 — Default by defendant
r 1115 Definitions—div 2.11.3 r 1116 Application—div 2.11.3 r 1117 When is a defendant in default—generally r 1118 Default judgment—generally r 1119 Default judgment—relevant affidavits r 1120 Default judgment—debt or liquidated demand r 1121 Default judgment for debt or liquidated demand—assessment of costs r 1122 Default judgment—unliquidated damages r 1123 Default judgment—detention of goods r 1124 Default judgment—recovery of possession of land r 1125 Default judgment—mixed claims r 1126 Default judgment—other claims r 1127 Default judgment—costs only r 1128 Default judgment—setting aside etc Division 2.11.4 — Default by defendant—partial defence
r 1135 Definitions—div 2.11.4 r 1136 Application—div 2.11.4 r 1137 When is a defendant in default—partial defence r 1138 Default judgment—partial defence r 1139 Default judgment—application of div 2.11.3 Division 2.11.5 — Summary judgment
r 1145 Application—div 2.11.5 r 1146 Summary judgment—for plaintiff r 1147 Summary judgment—for defendant r 1148 Claims not disposed of by summary disposal r 1149 Evidence in summary judgment proceedings r 1150 Summary judgment applications—filing and service r 1151 Summary judgment applications—directions etc r 1152 Summary judgment applications—costs r 1153 Summary judgment—stay of enforcement r 1154 Summary judgment—relief from forfeiture r 1155 Summary judgment—setting aside Division 2.11.6 — Discontinuance and withdrawal
r 1160 Discontinuance or withdrawal by plaintiff r 1161 Discontinuance or withdrawal of counterclaim by defendant r 1162 Withdrawal of notice of intention to respond r 1163 Costs of discontinuance or withdrawal r 1164 Withdrawal of defence or further pleading r 1165 Notice of discontinuance or withdrawal r 1166 Discontinuance or withdrawal by party representing someone else etc r 1167 Discontinuance or withdrawal—subsequent proceeding r 1168 Consolidated proceedings and counterclaims r 1169 Stay pending payment of costs Division 2.11.7 — Mediation and neutral evaluation
r 1175 Purpose—div 2.11.7 r 1176 Definitions—div 2.11.7 r 1177 Mediation—appointment of mediator r 1178 Neutral evaluation—appointment of evaluator r 1179 Mediation or neutral evaluation—referral by court r 1180 Mediation or neutral evaluation—duty of parties to take part r 1181 Mediation or neutral evaluation—costs r 1182 Mediation or neutral evaluation—agreements and arrangements arising from sessions r 1183 Neutral evaluation—privilege r 1184 Evaluators—secrecy r 1185 Evaluators—protection from liability Division 2.12.1 — Expert evidence generally
r 1200 Purposes—pt 2.12 r 1201 Meaning of code of conduct—pt 2.12 r 1202 Meaning of expert, expert witness and expert report r 1203 Expert witnesses to agree to be bound by code of conduct r 1204 Expert witness—immunity r 1205 Court may give directions in relation to expert evidence Division 2.12.2 — Multiple expert witnesses for same issue
r 1210 Application—div 2.12.2 r 1211 Court may direct experts to meet etc Division 2.12.3 — Expert reports
r 1240 Application—div 2.12.3 r 1241 Service of expert reports r 1242 Supplementary expert reports r 1243 Expert evidence to be covered by expert report r 1244 Expert reports admissible as evidence of opinion etc r 1245 Requiring attendance of expert for cross-examination etc r 1246 Tender of expert report Part 2.13 — Pre-trial procedures
r 1301 Application—pt 2.13 r 1304 Statement of particulars before trial—personal injury claims r 1305 Statement of particulars before trial—compensation to relatives in death claims r 1311 Expedited trial r 1312 Court book r 1325 Listing hearing r 1326 Special fixture r 1327 Directions hearings and listing hearings—costs Part 2.14 — Court supervision
Division 2.14.1 — Directions
r 1400 Directions—application r 1401 Directions generally r 1402 Proceeding already being managed by court r 1403 Decision in proceeding r 1404 Failure to comply with direction etc Division 2.14.1A — Transfer of proceedings between courts
r 1430 Transfer of proceeding from Supreme Court to Magistrates Court—application r 1431 Transfer of proceeding from Supreme Court to Magistrates Court—procedure r 1432 Transfer of proceeding from Magistrates Court to Supreme Court—application r 1433 Transfer of proceeding from Magistrates Court to Supreme Court—stay of proceeding Division 2.14.1B — Removal of applications from ACAT to Supreme Court
r 1440 Removal of applications from ACAT to Supreme Court—application r 1441 Removal of applications from ACAT to Supreme Court—procedure Division 2.14.2 — Failure to comply with rules or order
r 1450 Effect of failure to comply with rules r 1451 Application because of failure to comply with rules r 1452 Failure to comply with order to take step Part 2.15 — Trial
Division 2.15.1 — Interpretation—pt 2.15
r 1500 Meaning of question—pt 2.15 Division 2.15.2 — Proceedings at trial
r 1505 Trial—defendant or plaintiff not appearing r 1506 Trial—adjournment etc r 1507 Trial—third-party proceeding r 1508 Order of evidence and addresses r 1509 View by court r 1510 Associate etc to record hearing times r 1511 Associate to enter findings etc Division 2.15.3 — Separate decisions on questions
r 1520 Application—div 2.15.3 r 1521 Separate decisions on questions—order r 1522 Separate decisions on questions—directions r 1523 Separate decisions on questions—decision Division 2.15.4 — Assessors and court-appointed referees
r 1530 Assessors r 1531 Referee—referral of question etc r 1532 Referee—appointment r 1533 Referee—amendment of order referring question etc r 1534 Referee—conduct under reference r 1535 Referee—submission of question to court r 1536 Referee—report r 1537 Referee—proceeding on report r 1538 Assessor and referee—remuneration Division 2.15.5 — Assessment of damages
r 1545 Application—div 2.15.5 r 1546 Assessment of damages r 1547 Assessment of damages—use of affidavit evidence r 1548 Partial judgment for damages to be assessed r 1549 Damages to time of assessment Part 2.16 — Judgments and other orders
r 1600 Orders—required by nature of case r 1601 Judgment book r 1602 Judgments—several claims r 1603 Orders—set off between enforceable money orders r 1604 Judgments—detention of goods r 1605 Orders—making and effect r 1606 Orders—entry r 1607 Orders—certified duplicate r 1608 Orders—reasons r 1609 Orders—reservation of decision r 1610 Orders—time for compliance r 1611 Orders—by consent r 1612 Orders—by consent in proceeding r 1613 Orders—setting aside etc r 1614 Order dismissing proceeding—effect r 1615 Orders—joint liability r 1616 Payment into court—payment of amount paid into court under order r 1617 Payment into court—amount recovered by person with legal disability r 1618 Person with legal disability—orders about recovered amounts etc r 1618A Person with mental disability—payment out to public trustee and guardian r 1619 Interest up to judgment r 1620 Interest after judgment r 1621 Judgment for interest only r 1622 Interest after judgment—usual order as to interest r 1623 Change in interest rates up to and after judgment Part 2.17 — Costs
Division 2.17.1 — Costs generally
r 1700 Definitions—pt 2.17 r 1701 Costs—general provisions r 1702 Costs—agreement about costs r 1703 Costs—order against non-party r 1704 Costs—failure to comply with subpoena etc r 1705 Costs—for issue or part of proceeding r 1706 Costs—if unnecessary to continue proceeding r 1707 Costs—proceeding removed to another court r 1708 Costs—in account Division 2.17.2 — Entitlement to costs
r 1720 Costs—entitlement to recover r 1721 Costs—general rule r 1722 Costs—solicitors’ costs generally r 1723 Costs—relevant amount for Magistrates Court proceedings r 1724 Solicitors’ costs—separate judgments against defendants in Magistrates Court r 1725 Solicitors’ costs and determined fees—Supreme Court judgment within Magistrates Court jurisdiction r 1726 Costs—amendment of documents r 1727 Costs—party not interested in application r 1728 Costs—for application reserved r 1729 Costs—extending or shortening time r 1730 Costs—inquiry to find person entitled to property r 1731 Costs—assessment of receiver’s costs r 1732 Costs—trustee r 1733 Costs—solicitor appointed litigation guardian r 1734 Costs—assessment costs r 1735 Costs—counsel’s advice and settling documents r 1736 Costs—evidence r 1737 Costs—solicitor advocate r 1738 Costs—retainer for counsel r 1739 Costs—counsel’s fees for applications r 1740 Costs—fixed costs for winding-up application r 1741 Costs—fixed costs for enforcement order Division 2.17.3 — Costs of party in proceeding
r 1750 Application—div 2.17.3 r 1751 Costs—assessed on party and party basis r 1752 Costs—assessed on solicitor and client etc basis r 1753 Costs—legal practitioner’s delay etc r 1754 Costs—disallowance of costs for vexatious document etc Division 2.17.4 — Costs—registrar’s powers and discretion
r 1760 Costs—registrar’s general powers r 1761 Costs—registrar’s discretion in assessing Division 2.17.5 — Procedure for assessing costs
r 1800 Costs—when bill of costs to be filed etc r 1801 Costs—if costs out of fund bill to be sent to clients r 1802 Costs—content of bill of costs r 1803 Costs—failure to file and serve bill of costs r 1804 Costs—payment of disbursements r 1805 Costs—professional charges and disbursements r 1806 Costs—amendment and withdrawal of bill of costs r 1807 Costs—notice of objection to bill of costs r 1808 Costs—assessment must be limited r 1809 Costs—default assessment if no objection to bill of costs r 1810 Costs—setting aside default assessment r 1811 Costs—offer to settle r 1812 Costs—acceptance of offer to settle r 1813 Costs—rejection of offer to settle r 1814 Costs—Calderbank offer to settle Division 2.17.6 — Procedure on costs assessment
r 1830 Costs—attendance of parties at assessment r 1831 Costs—notice of adjournment of assessment r 1832 Costs—delay before registrar etc r 1833 Costs—set off of costs r 1834 Costs—bill of costs reduced by 15% or more r 1835 Costs—registrar’s certificate of assessment r 1836 Costs—interim certificates of assessment Division 2.17.7 — Reconsideration and review of costs assessment
r 1850 Application—div 2.17.7 r 1851 Costs—application for reconsideration r 1852 Costs—procedure for reconsideration r 1853 Costs—reply to objection on reconsideration r 1854 Costs—reconsideration of registrar’s assessment r 1855 Costs—review by court Division 2.17.8 — Security for costs
r 1900 Security for costs—application and order r 1901 Security for costs—when court may make order r 1902 Security for costs—discretionary factors r 1903 Security for costs—way security given r 1904 Security for costs—effect of order r 1905 Security for costs—setting aside or amending order r 1906 Security for costs—finalising security Division 2.17.9 — Miscellaneous—pt 2.17
r 1920 Liquidator, guardian or manager—accounts Part 2.18 — Enforcement
Division 2.18.1 — Enforcement—general
r 2000 Definitions—pt 2.18 r 2001 Enforcement orders generally r 2002 Enforcement—enforcement application is application in original proceeding r 2003 Enforcement—by or against non-party r 2004 Enforcement—amount recoverable r 2005 Enforcement—separate enforcement for costs r 2006 Enforcement—order in partnership name r 2007 Enforcement—against property of partnership r 2008 Enforcement—against property of business r 2009 Enforcement—enforcement of Supreme Court order in Magistrates Court r 2010 Enforcement—enforcement of Magistrates Court order in Supreme Court r 2010A Enforcement—certificate of registration of enforceable order under Service and Execution of Process Act r 2010B Enforcement—assessment of costs for certificate of registration r 2011 Enforcement—demand for compliance unnecessary r 2012 Enforcement—when leave required r 2013 Enforcement—stay r 2014 Enforcement—conditional orders r 2015 Enforcement—service of order and related information Division 2.18.2 — Enforcement orders—general
r 2050 Enforcement orders—content and issue r 2051 Enforcement orders—application to set aside r 2052 Enforcement orders—duration and renewal of certain enforcement orders given to enforcement officers r 2053 Enforcement orders—return by enforcement officer r 2054 Enforcement orders—priority r 2055 Enforcement orders—payment under order r 2056 Enforcement orders—orders about enforcement r 2057 Enforcement orders—consecutive and concurrent orders r 2058 Enforcement orders—deceased enforcement debtor Division 2.18.3 — Enforcement of money orders—enforcement hearings
r 2100 Enforcement hearing—application by enforcement creditor r 2101 Enforcement hearing—otherwise than on enforcement creditor’s application r 2102 Enforcement hearing—limit on number of applications r 2103 Enforcement hearing—order for hearing etc r 2104 Enforcement hearing—who may be directed to attend by enforcement hearing subpoena r 2105 Enforcement hearing—service of enforcement hearing subpoena r 2106 Enforcement hearing—statement of enforcement debtor’s financial position r 2107 Enforcement hearing—subpoena to other person r 2108 Enforcement hearing—meeting of parties r 2109 Enforcement hearing—examination r 2110 Enforcement hearing—enforcement hearing warrant issue r 2111 Enforcement hearing—enforcement hearing warrant contents etc r 2112 Enforcement hearing—orders Division 2.18.4 — Enforcement of money orders—instalment orders
r 2150 Instalment order—making r 2151 Instalment order—application by enforcement debtor r 2152 Instalment order—when application by enforcement debtor requires leave r 2153 Instalment order—application by enforcement creditor r 2154 Instalment order—relevant considerations r 2155 Instalment order—stay of enforcement r 2156 Instalment order—content and issue r 2157 Instalment order—instalment order agreement r 2158 Instalment order—service r 2159 Instalment order—no other enforcement while in force r 2160 Instalment order—amending, suspending or setting aside r 2161 Instalment order—ceasing to have effect other than for nonpayment r 2162 Instalment order—ceasing to have effect for nonpayment r 2163 Instalment order—record of payments Division 2.18.5 — Enforcement of money orders—seizure and sale orders
r 2200 Seizure and sale order—making r 2201 Seizure and sale order—application r 2202 Seizure and sale order—additional exempt property r 2203 Seizure and sale order—entry, search and seizure powers if no consent r 2204 Seizure and sale order—assistance to enforcement debtor r 2205 Seizure and sale order—notice of order r 2206 Seizure and sale order—notice of property seized r 2207 Seizure and sale order—removal etc of seized property r 2208 Seizure and sale order—application for instalment order stays sale of seized property r 2209 Seizure and sale order—property seized not abandoned r 2210 Seizure and sale order—seizure of real property r 2211 Seizure and sale order—enforcement debtor not to deal with real property r 2212 Seizure and sale order—order of seizing and selling property r 2213 Seizure and sale order—payment before sale r 2214 Seizure and sale order—suspension etc of enforcement r 2215 Seizure and sale order—agreements to withdraw and re‑enter r 2216 Seizure and sale order—nature of sale r 2217 Seizure and sale order—setting reasonable amount r 2218 Seizure and sale order—additional provisions relating to land r 2218A Seizure and sale order—appointment of real estate agent r 2219 Seizure and sale order—power of entry for auction of land r 2220 Seizure and sale order—sale at best price obtainable r 2221 Seizure and sale order—advertisement of sale r 2222 Seizure and sale order—postponement of sale r 2223 Seizure and sale order—amounts received r 2224 Seizure and sale order—terms about payment r 2225 Seizure and sale order—securities held by enforcement officer r 2226 Seizure and sale order—personal property subject to conditional bill of sale r 2227 Seizure and sale order—effect of sale of property r 2228 Seizure and sale order—effect of ending of order on completion of sale etc r 2229 Seizure and sale order—appropriation of payments towards order debt r 2230 Seizure and sale order—documents giving effect to sale r 2231 Seizure and sale order—payment to enforcement debtor r 2232 Seizure and sale order—purchase by enforcement officer or auctioneer prohibited r 2233 Seizure and sale order—account etc r 2234 Seizure and sale order—report by enforcement officer r 2235 Seizure and sale order—order for disposal and return of property to enforcement debtor Division 2.18.6 — Enforcement of money orders—debt redirection orders generally
r 2300 Application—div 2.18.6 r 2301 Debt redirection order—making r 2302 Debt redirection order—application r 2303 Debt redirection order—relevant considerations r 2304 Debt redirection order—joint funds r 2305 Debt redirection order—partnership debts r 2306 Debt redirection order—account with financial institution r 2307 Debt redirection order—claim by someone else r 2308 Debt redirection order—when debt redirected r 2309 Debt redirection order—notice by third person to enforcement creditor r 2310 Debt redirection order—payments by third person r 2311 Debt redirection order—third person disputes liability r 2312 Debt redirection order—discharge of third person r 2313 Debt redirection order—payment to enforcement debtor despite redirection r 2314 Debt redirection order—amending, suspending or setting aside r 2315 Debt redirection order—procedure if order not complied with Division 2.18.7 — Enforcement of money orders—regular redirections from financial institutions
r 2330 Application—div 2.18.7 r 2331 Regular redirection order—application of div 2.18.6 r 2332 Regular redirection order—making r 2333 Regular redirection order—content r 2334 Regular redirection order—service and coming into force r 2335 Regular redirection order—financial institution to make payments etc r 2336 Regular redirection order—enforcement debtor not to defeat order r 2337 Regular redirection order—no other enforcement while in force r 2338 Regular redirection order—ceasing to have effect r 2339 Regular redirection order—return of excess r 2340 Regular redirection order—record of payments Division 2.18.8 — Enforcement of money orders—earnings redirection orders
r 2350 Earnings redirection order—making r 2351 Earnings redirection order—application r 2352 Earnings redirection order—relevant considerations r 2353 Earnings redirection order—limit r 2354 Earnings redirection order—information about enforcement debtor’s earnings r 2355 Earnings redirection order—content r 2356 Earnings redirection order—service and coming into force r 2357 Earnings redirection order—person served not employer r 2358 Earnings redirection order—employer to make payments etc r 2359 Earnings redirection order—no other enforcement while in force r 2360 Earnings redirection order—amending, suspending or setting aside r 2361 Earnings redirection order—ceasing to have effect r 2362 Earnings redirection order—return of excess r 2363 Earnings redirection order—record of payments r 2364 Earnings redirection order—2 or more orders in force r 2365 Earnings redirection order—person served ceasing to be employer r 2366 Earnings redirection order—enforcement debtor changes or ceases employment r 2367 Earnings redirection order—directions r 2368 Earnings redirection order—employment protection r 2369 Earnings redirection order—procedure if order not complied with Division 2.18.9 — Enforcement of money orders—charging orders
r 2400 Application—div 2.18.9 r 2401 Charging order—making r 2402 Charging order—application r 2403 Charging order—effect r 2404 Charging order—enforcement debtor dealing with charged property r 2405 Charging order—issuer etc dealing with charged property r 2406 Charging order—application to enforce charge r 2407 Charging order—procedure against partnership property for partner’s separate order debt Division 2.18.10 — Enforcement of money orders—amounts in court and stop orders
r 2420 Enforcement orders—amounts in court r 2421 Enforcement orders—stop orders Division 2.18.11 — Enforcement of money orders—receivers
r 2430 Application—div 2.18.11 r 2431 Receiver—appointment r 2432 Receiver—application for appointment r 2433 Receiver—relevant considerations for appointment r 2434 Receiver—powers r 2435 Receiver—general provisions apply Division 2.18.12 — Enforcement of non-money orders—general
r 2440 Enforcement—orders for possession of land r 2441 Enforcement—orders for return of goods etc r 2442 Enforcement—orders to do or not do an act r 2443 Enforcement—undertakings r 2444 Enforcement—failure of individual to comply with subpoena etc r 2445 Enforcement—failure of corporation to comply with subpoena etc r 2446 Enforcement by contempt or seizing and detaining property—preconditions Division 2.18.13 — Enforcement of non-money orders—orders for delivery of possession of land
r 2450 Application—div 2.18.13 r 2451 Order for delivery of possession of land—making r 2452 Orders for delivery of possession of land—preconditions Division 2.18.14 — Enforcement of non-money orders—orders for seizure and delivery of goods
r 2460 Order for seizure and delivery of goods—making Division 2.18.15 — Enforcement of non-money orders—orders for seizure and detention of property
r 2470 Order for seizure and detention of property—making r 2471 Order for seizure and detention of property—preconditions r 2472 Order for seizure and detention of property—against officer of corporation r 2473 Order for seizure and detention of property—return of seized property Division 2.18.16 — Enforcement—contempt
r 2500 Contempt—application of div 2.18.16 r 2501 Contempt—applications generally r 2502 Contempt—application by registrar r 2502A Contempt of the Australian Crime Commission r 2502B Contempt of the ACT Integrity Commission r 2503 Contempt—arrest warrant if respondent likely to abscond etc r 2504 Contempt in face or hearing of court—alternative procedure r 2505 Contempt—arrest warrant r 2506 Contempt—punishment r 2507 Contempt—costs Division 2.18.17 — Enforcement—arrest warrants for absconding defendants
r 2550 Application—div 2.18.17 r 2551 Meaning of plaintiff and defendant—div 2.18.17 r 2552 Arrest warrant for defendant—application r 2553 Arrest warrant for defendant—issue r 2554 Arrest warrant for defendant—enforcement r 2555 Arrest warrant for defendant—costs of enforcement r 2556 Arrest warrant for defendant—service of warrant and claim r 2557 Arrest warrant for defendant—record of enforcement r 2558 Arrest warrant for defendant—procedure after arrest r 2559 Arrest warrant for defendant—release of defendant r 2560 Arrest warrant for defendant—court powers r 2561 Arrest warrant for defendant—failure to comply with conditions r 2562 Arrest warrant for defendant—review r 2563 Arrest warrant for defendant—restriction on further applications r 2564 Arrest warrant for defendant—costs Part 2.19 — Interpleader proceedings
Division 2.19.1 — Stakeholder’s interpleader
r 2600 Interpleader—application by stakeholder Division 2.19.2 — Enforcement officer’s interpleader
r 2605 Interpleader—notice of claim to enforcement officer r 2606 Interpleader—failure to give notice of claim r 2607 Interpleader—notice to enforcement creditor r 2608 Interpleader—admission of claim r 2609 Interpleader—enforcement officer’s interpleader application r 2610 Interpleader—enforcement debtor’s rights not affected Division 2.19.3 — Interpleader orders
r 2620 Interpleader—orders r 2621 Interpleader—summary disposal of proceeding r 2622 Interpleader—adverse claims r 2623 Interpleader—default by claimant r 2624 Interpleader—neutrality of applicant r 2625 Interpleader order—2 or more proceedings r 2626 Interpleader—trial r 2627 Interpleader—disposal of amounts in court Part 2.20 — Trusts, estates, accounts and inquiries
r 2700 Trusts and estates—decision without order for administration r 2701 Trusts and estates—application not to affect powers r 2702 Trusts and estates—conduct of sale r 2720 Meaning of accounting party—div 2.20.2 r 2721 Account—order for account r 2722 Account—orders r 2723 Accounts—service of order etc r 2724 Accounts—form and verification r 2725 Accounts—filing and service r 2726 Accounts—challenging account r 2727 Accounts—witness r 2728 Accounts—allowances r 2729 Accounts—delay r 2730 Accounts—powers exercisable on taking account r 2731 Accounts—class interests r 2732 Accounts—reference to judicial officer r 2733 Accounts—certificate about taking of account r 2734 Accounts—further consideration Division 2.20.3 — Making of inquiries
r 2740 Inquiries—procedure for inquiries r 2741 Inquiries—orders Division 2.20.4 — Executors, administrators and trustees—accounts and commission
r 2745 Definitions—div 2.20.4 r 2746 Estate and trust accounts—order requiring examination and passing of accounts r 2747 Estate and trust accounts—compliance with order for examination and passing of accounts r 2748 Estate and trust accounts—application for commission r 2749 Estate and trust accounts—notice of filing of accounts etc r 2750 Estate and trust accounts—appearance of beneficiary at examination r 2751 Estate and trust accounts—examination r 2752 Estate and trust accounts—conduct of examination r 2753 Estate and trust accounts—application for passing accounts etc r 2754 Estate and trust accounts—passing of accounts etc r 2755 Estate and trust accounts—amended or further accounts r 2756 Estate and trust accounts—renewal of objection in subsequent proceeding r 2757 Estate and trust accounts—evidence in subsequent proceeding r 2758 Estate and trust accounts—general practice to apply r 2759 Estate and trust accounts—combined executors’ and trustees’ account r 2760 Trustees—allowance of commission in proceeding Part 2.21 — Representation by solicitors
r 2800 Power to act by solicitor r 2801 Appointment of solicitor r 2802 Change between acting personally and acting by solicitor r 2803 Change of solicitor r 2804 Removal of solicitor by court r 2805 Solicitor removed from roll etc r 2806 Withdrawal as solicitor r 2807 Leave to withdraw as solicitor r 2808 Effect of removal of, or leave to withdraw as, solicitor r 2809 Withdrawal of solicitor’s agent r 2810 Solicitor not to act for adverse parties Part 2.22 — Miscellaneous—ch 2
r 2900 Declaratory order r 2901 Copies of documents from registrar r 2902 Searches of registers etc r 2903 Inspection of registry files Chapter 3 — Particular civil proceedings
Part 3.1 — Administration and probate
r 3000 Definitions—pt 3.1 r 3001 Terms used in Administration and Probate Act r 3002 Application—pt 3.1 Division 3.1.2 — Application for grant of representation
r 3005 Grant of representation—application r 3006 Grant of representation—notice of intention to apply to be published online etc r 3007 Grant of administration—notice of intention to apply to be served on non-applicant domestic partner or next of kin r 3008 Grant of administration—notice of intention of creditor to apply to be served on domestic partner and next of kin r 3009 Grant of representation—when notice of intention to apply to be served on public trustee and guardian r 3010 Grant of representation—supporting affidavit for application r 3011 Grant of representation—affidavit of search r 3012 Grant of representation—proof of identity and death r 3013 Grant of representation—further evidence, documents and notices r 3014 Grant of representation—no grant to executor etc who has renounced r 3015 Grant of representation—when hearing not required Division 3.1.3 — Application for reseal of foreign grant
r 3020 Reseal of foreign grant—application r 3021 Reseal of foreign grant—notice of intention to apply to be published online etc r 3022 Reseal of foreign grant—supporting affidavit for application r 3023 Reseal of foreign grant—affidavit of search r 3024 Reseal of foreign grant—when hearing required Division 3.1.4 — Validity and form of wills
r 3030 Grant of representation—evidence of proper attestation of will r 3031 Grant of representation—will by blind or illiterate person r 3032 Grant of representation—alterations in will r 3033 Grant of representation—documents mentioned in or attached to will r 3034 Grant of representation—evidence of proper execution of will etc r 3035 Grant of representation—will inoperative or partly inoperative Division 3.1.5 — Administration bonds
r 3045 Administration bond—requirement for bond r 3046 Administration bond—dispensing with bond r 3047 Administration bond—affidavit of justification r 3048 Administration bond—exempt surety r 3049 Administration bond—addition or reduction after required but before given r 3050 Administration bond—addition or reduction after given r 3051 Administration bond—proceeding on bond r 3052 Administration bond—application by surety r 3053 Administration bond—reseal of foreign grant Division 3.1.6 — Administration by public trustee and guardian
r 3055 Administration by public trustee and guardian—application r 3056 Administration by public trustee and guardian—renunciation of probate by executors r 3057 Administration by public trustee and guardian—renunciation of letters of administration by entitled people r 3058 Administration by public trustee and guardian—service of documents on public trustee and guardian Division 3.1.7 — Caveats
r 3065 Definitions—div 3.1.7 r 3066 Caveat—filing r 3067 Caveat—service r 3068 Caveat—period of operation r 3069 Caveat—setting aside r 3070 Caveat—withdrawal if no pending proceeding for grant of representation etc r 3071 Caveat—leave to withdraw r 3072 Caveat—effect if filed on day of grant Division 3.1.8 — Revocation of grant
r 3080 Revocation of grant—urgent order before start of proceeding r 3081 Revocation of grant—application r 3082 Revocation of grant—orders r 3083 Revocation of grant—return of original grant Division 3.1.9 — Other probate proceedings
r 3090 Definitions—div 3.1.9 r 3091 Application—div 3.1.9 r 3092 Division 3.1.9 proceeding—starting r 3093 Division 3.1.9 proceeding—application for revocation r 3094 Division 3.1.9 proceeding—affidavits r 3095 Division 3.1.9 proceeding—affidavits of scripts r 3096 Division 3.1.9 proceeding—directions for notice to people with beneficial interests r 3097 Division 3.1.9 proceeding—notice of intention to intervene r 3098 Division 3.1.9 proceeding—filing of grant of representation Division 3.1.10 — Administration and probate—other provisions
r 3110 Administration and probate—registrar may make inquiries r 3111 Administration and probate—subpoenas r 3112 Administration and probate—evidence about domicile r 3113 Administration and probate—proof in solemn form r 3114 Failure of executor to prove will—Administration and Probate Act, s 25 r 3115 Failure by executor, administrator or trustee to comply with beneficiary’s request etc r 3116 Grant of administration—grant to child r 3117 Order about administration of real estate—Administration and Probate Act, s 51 r 3118 Assessment of costs—Administration and Probate Act, s 71 r 3119 Administration and probate book r 3120 Proved wills to be kept by court Part 3.2 — Adoption
Division 3.2.1 — Adoption—general
r 3150 Definitions—pt 3.2 r 3151 Terms used in Adoption Act r 3152 Application—pt 3.2 Division 3.2.2 — Adoption orders
r 3155 References to applicants—div 3.2.2 r 3156 Adoption order—application r 3157 Adoption order—supporting affidavit for application for adoption of child or young person r 3157A Adoption order—supporting affidavit for application for adoption of person 18 years old or older r 3158 Adoption order—documents accompanying application r 3159 Adoption order—service of application on CYP director‑general r 3160 Adoption order—notice of intention to oppose Division 3.2.3 — Orders for dispensing with consent to adoption
r 3170 Dispensing order—application r 3171 Dispensing order—service of application r 3172 Dispensing order—notice of intention to oppose Division 3.2.4 — Amendment of adoption order
r 3180 Amendment order—application r 3181 Amendment order—service of application r 3182 Amendment order—notice of intention to oppose Division 3.2.5 — Discharge of interim orders and adoption orders
r 3190 Discharging order—application r 3191 Discharging order—service of application r 3192 Discharging order—notice of intention to oppose Division 3.2.6 — Access to identifying information
r 3200 Order for access to identifying information—application r 3201 Order for access to identifying information—service of application r 3202 Order for access to identifying information—notice of intention to oppose Division 3.2.7 — Adoption proceedings—general procedures
r 3210 Adoption proceedings—service of applications r 3211 Adoption proceedings—service of documents containing identifying information Part 3.3 — Commercial arbitration
Division 3.3.1 — Commercial arbitration—general
r 3250 Meaning of Commercial Arbitration Act—pt 3.3 r 3251 Terms used in Commercial Arbitration Act r 3252 Commercial arbitration—application r 3253 Commercial arbitration—leave to appeal under Commercial Arbitration Act, s 34A r 3255 Commercial arbitration—application under Commercial Arbitration Act, s 27J r 3256 Commercial arbitration—application for order under Commercial Arbitration Act, s 34 (1) r 3257 Commercial arbitration—offers of compromise r 3258 Commercial arbitration—examination of witnesses r 3259 Commercial arbitration—decision to refuse to issue interim measure r 3260 Commercial arbitration—application to enforce arbitral award r 3261 Commercial arbitration—evidence of arbitral award for purposes of enforcement r 3262 Commercial arbitration—endorsement and service of application for enforcement Division 3.3.2 — Commercial arbitration—payment into court
r 3263 Commercial arbitration—payment into court r 3264 Payment into court—costs r 3265 Payment into court—bond or security r 3266 Payment into court—interest up to payment r 3267 Payment into court—acceptance r 3268 Payment into court—costs on acceptance by claimant r 3269 Payment into court—payment out of remaining amount r 3269A Payment into court—nondisclosure Part 3.4 — Corporations Act and ASIC Act
r 3270 Rules for proceedings under Corporations Act or ASIC Act Part 3.5 — Cross-vesting
r 3300 Definitions—pt 3.5 r 3301 Terms used in Cross-vesting Act r 3302 Application—pt 3.5 r 3303 Cross-vesting—application for transfer or removal of proceedings r 3304 Cross-vesting—application by Attorney-General r 3305 Cross-vesting—removal of proceedings r 3306 Cross-vesting—relying on jurisdiction under cross-vesting laws r 3307 Cross-vesting—service r 3308 Cross-vesting—directions r 3309 Cross-vesting—procedure following transfer of proceeding from court r 3310 Cross-vesting—procedure following transfer of proceeding to court r 3311 Cross-vesting—application of another jurisdiction’s written law r 3312 Cross-vesting—application of another jurisdiction’s rules of evidence and procedure Part 3.6 — Electoral matters
Division 3.6.1 — Electoral matters—general
r 3350 Definitions—pt 3.6 r 3351 Terms used in Electoral Act r 3352 Application—pt 3.6 r 3353 Election application etc originating application Division 3.6.2 — Disputed elections
r 3355 Disputed election—deposit as security for costs r 3356 Disputed election—public notice of election application r 3357 Disputed election—parties to proceeding r 3358 Disputed election—public notice of intention to make application for leave to withdraw r 3359 Disputed election—particulars of contested ballot papers r 3360 Disputed election—countercharges r 3361 Disputed election—time of trial etc r 3362 Disputed election—substitution of plaintiff r 3363 Disputed election—withdrawal of defendant r 3364 Disputed election—substitution of defendant Division 3.6.3 — Questions referred by Legislative Assembly
r 3400 Question referred—parties to proceeding Division 3.6.4 — Electoral matters—general procedure
r 3405 Electoral matters—better particulars Part 3.7 — Foreign and interstate confiscation orders—registration
Division 3.7.1 — Foreign confiscation orders—registration
r 3450 Definitions—div 3.7.1 r 3451 Application—div 3.7.1 r 3452 Foreign confiscation orders—register r 3453 Foreign confiscation orders—registration r 3454 Foreign confiscation orders—proceedings for registration r 3455 Foreign confiscation orders—when registration cancelled Division 3.7.2 — Interstate confiscation orders—registration
r 3460 Definitions—div 3.7.2 r 3461 Interstate confiscation orders—register r 3462 Interstate confiscation orders—registration r 3463 Interstate confiscation orders—proceedings for registration r 3464 Interstate confiscation orders—when registration cancelled r 3465 Interstate confiscation orders—filing of amendments etc Part 3.8 — Foreign judgments—reciprocal enforcement
r 3470 Definitions—pt 3.8 r 3471 Terms used in Foreign Judgments Act r 3472 Application—pt 3.8 r 3473 Foreign judgment—application for registration r 3474 Foreign judgment—evidence in support of application for registration r 3475 Foreign judgment—security for costs of application for registration r 3476 Foreign judgment—order for registration r 3477 Foreign judgment—register r 3478 Foreign judgment—registration r 3479 Foreign judgment—notice of registration r 3480 Notice of registration—affidavit of service to be filed r 3481 Registration of judgment—application to set aside r 3482 Foreign judgment—enforcement r 3483 Australian judgment—certificate for foreign registration Part 3.9 — Habeas corpus
r 3500 Definitions—pt 3.9 r 3501 Application—pt 3.9 r 3502 Habeas corpus—writs of habeas corpus abolished r 3503 Habeas corpus—order instead of writ of habeas corpus r 3504 Habeas corpus—application and service r 3505 Habeas corpus—parties r 3506 Habeas corpus—procedure on application etc r 3507 Habeas corpus—return of order Part 3.10 — Judicial review
r 3550 Definitions—pt 3.10 r 3551 Terms defined in Judicial Review Act r 3552 Application—pt 3.10 r 3553 Judicial review—prerogative writs etc abolished r 3554 Judicial review—relief previously granted by prerogative writ etc r 3555 Judicial review—other jurisdiction not excluded r 3556 Judicial review—application etc r 3557 Judicial review—time for starting proceeding r 3558 Judicial review—declaration or injunction r 3559 Judicial review—other prerogative relief etc r 3560 Judicial review—additional orders r 3561 Judicial review—application for statutory order of review and prerogative relief etc r 3563 Judicial review—filing and serving statements r 3564 Judicial review—stay or dismissal of application for statutory order of review on return date r 3565 Judicial review—directions on return date r 3566 Judicial review—power of the court to stay or dismiss applications in certain circumstances r 3567 Judicial review—additional requirements for certiorari order r 3568 Judicial review—no proceeding in relation to things done under mandamus order r 3569 Judicial review—disclaimer in relation to quo warranto order r 3570 Judicial review—proceeding in relation to statement of reasons Part 3.11 — Legal profession
Division 3.11.1 — Legal profession—general
r 3600 Definitions—pt 3.11 r 3601 Terms used in Legal Profession Act r 3602 Application—pt 3.11 Division 3.11.2 — Admission of local lawyers
Subdivision 3.11.2.1 — Academic qualifications
r 3605 Admission—approved academic qualifications—Legal Profession Act, s 21 (5) Subdivision 3.11.2.2 — Approval of academic institutions
r 3606 Approved academic institutions r 3607 Monitoring and review Subdivision 3.11.2.3 — Approval of course of study
r 3607A Approval of course of study r 3607B Approval of subjects r 3607C Changes to approved courses of study Subdivision 3.11.2.4 — Practical legal training
r 3607D Practical legal training r 3607DA Early commencement of practical legal training Subdivision 3.11.2.5 — Practical legal training providers and courses
r 3607E Approval of PLT providers r 3607F Monitoring and review of approved PLT provider r 3607G Approval of training course r 3607H Changes to approved courses of study Subdivision 3.11.2.6 — Admission—application and related matters
r 3608 Admission—application for admission r 3609 Admission—when application must be made r 3609A Request for absentee admission r 3610 Admission—compliance certificate (Legal Profession Act, s 30 (2)) r 3611 Admission—objection by bar council or law society council r 3612 Admission—appearance by bar council or law society council r 3613 Admission—applicant’s duty of frankness r 3614 Admission—oath or affirmation r 3614A Admission—absentee admission r 3615 Admission—entry on local roll Division 3.11.3 — Assessment of client costs
r 3620 Application—div 3.11.3 r 3621 Form of application r 3622 Application for leave to apply out of time r 3623 Directions r 3624 Response to application r 3625 Notice of objections to legal costs Part 3.12 — Family violence and personal violence proceedings
Division 3.12.1 — Family violence and personal violence proceedings—general
r 3800 Terms used in Family Violence Act and Personal Violence Act r 3801 Application—pt 3.12 r 3802 Rules in ch 2 disapplied r 3803 Other disapplied rules r 3804 Correction of name of respondent Part 3.13 — Workers compensation
Division 3.13.1 — Workers compensation proceedings—general
r 3900 Definitions—pt 3.13 r 3901 Terms used in Workers Compensation Act r 3902 Application—pt 3.13 r 3903 Workers compensation proceedings—application of ch 2 generally r 3904 Application for arbitration—Commercial Arbitration Act not apply r 3905 Application for arbitration—by worker r 3906 Application for arbitration—by dependant or estate of deceased worker r 3907 Application for arbitration—by employer or insurer r 3909 Application for arbitration—injury notice and medical evidence r 3910 Application for arbitration—copies r 3911 Application for arbitration—service on respondent r 3912 Application for arbitration—service on insurer r 3913 Application for arbitration—answer by respondent or third-party respondent r 3914 Application for arbitration—liability and particulars subject to answer r 3915 Application for arbitration—service of answer r 3916 Application for arbitration—amendment r 3917 Application for arbitration—minor amendment or amendment by consent r 3918 Application for arbitration—discontinuance Division 3.13.3 — Workers compensation—parties for arbitration
r 3919 Arbitration—necessary parties r 3919A Arbitration—determination of Territory or State of connection r 3920 Arbitration—including other parties r 3921 Arbitration—person may apply to be included as party r 3922 Arbitration—party may apply to be removed as party r 3923 Arbitration—employer not respondent in certain applications by dependant or personal representative Division 3.13.4 — Workers compensation—representation in arbitrations
r 3924 Arbitration—party may be represented r 3925 Arbitration—separate representation of employer for insurer’s period on risk Division 3.13.6 — Workers compensation—medical reports for arbitrations
r 3928 Arbitration—service of medical reports r 3929 Arbitration—supplementary medical reports r 3930 Arbitration—doctor’s evidence to be covered by medical report r 3931 Arbitration—medical reports admissible as evidence of opinion etc r 3932 Arbitration—requiring attendance of doctor for cross-examination etc r 3933 Arbitration—tender of medical report Division 3.13.7 — Workers compensation—medical referees for arbitrations
r 3934 Arbitration—party may apply for medical referee etc r 3935 Arbitration—number of medical referees r 3936 Arbitration—notice of request to medical referee r 3937 Arbitration—assessment of worker by medical referee r 3938 Arbitration—medical referee to review medical evidence etc r 3939 Arbitration—medical referee’s report r 3940 Arbitration—medical referee’s report to be given to parties r 3941 Arbitration—court may decide claim without medical referee report Division 3.13.8 — Workers compensation—dispute resolution conference for arbitration
r 3942 Meaning of dispute resolution conference—div 3.13.8 r 3943 Dispute resolution conference—purpose r 3944 Conciliator for dispute resolution conference—div 3.13.8 r 3945 Dispute resolution conference—listings etc r 3946 Dispute resolution conference—requirement to attend r 3947 Dispute resolution conference—time r 3948 Dispute resolution conference—information to be provided before conference r 3948A Dispute resolution conference—confidentiality r 3948B Dispute resolution conference—settlement must be in writing r 3948C Dispute resolution conference—court orders on outcome of conference Division 3.13.9 — Workers compensation—conduct of arbitration
r 3949 Conduct of arbitration—date r 3950 Conduct of arbitration—burden of proof on party asserting fact r 3951 Conduct of arbitration—directions about third-party respondents r 3952 Conduct of arbitration—directions and orders if remedy against employer and stranger r 3953 Conduct of arbitration—directions generally Division 3.13.10 — Workers compensation—submission to award and payments into court
r 3954 Arbitration—payment into court generally r 3955 Arbitration—admission of liability to claim by worker r 3956 Arbitration—admission of liability to claim for deceased worker r 3957 Arbitration—denial and submission to award or payment by employer r 3958 Arbitration—acceptance of payment by worker r 3959 Arbitration—acceptance of payment for deceased worker r 3960 Arbitration—payment on worker’s acceptance r 3961 Arbitration—payment on dependant’s etc acceptance r 3962 Arbitration—no prompt acceptance of submission or payment r 3963 Arbitration—award not greater than submission or payment Division 3.13.11 — Workers compensation—awards
r 3964 Arbitration—award r 3965 Arbitration—setting aside or amending award Division 3.13.12 — Workers compensation—registered agreements
r 3966 Registered agreement—application for registration r 3967 Registered agreement—application for amendment or cancellation Division 3.13.13 — Workers compensation—costs
r 3968 Workers compensation costs—generally r 3969 Workers compensation costs—claim against arbitration award Division 3.13.14 — Workers compensation—appeals
r 3970 Appeal—order of Supreme Court Chapter 4 — Criminal proceedings
Part 4.1 — Criminal proceedings—general
r 4000A Definitions—div 4.1.1A r 4000B Criminal proceedings—notice of solicitor acting r 4000C Criminal proceedings—solicitor’s instructions to act for accused person ended r 4000E Criminal proceedings—removal of solicitor by court r 4000F Criminal proceedings—solicitor removed from roll etc r 4000G Criminal proceedings—handing over depositions Division 4.1.1 — Criminal proceedings—application of ch 2
r 4000 Criminal proceedings—application of expert witness code of conduct Division 4.1.2 — Criminal proceedings—service
r 4005 Meaning of accused person for div 4.1.2—bail applications r 4006 Criminal proceedings—application of pt 6.8 r 4007 Criminal proceedings—service on accused person by filing if no address for service r 4008 Criminal proceedings—service if no-one found at accused person’s address for service r 4009 Criminal proceedings—service of documents when unrepresented accused person in custody Division 4.1.3 — Criminal proceedings—enforcement
r 4020 Criminal proceedings—failure of individual to comply with subpoena etc r 4021 Criminal proceedings—failure of corporation to comply with subpoena etc Division 4.1.4 — Criminal proceedings—other provisions
r 4050 Criminal proceedings—production of person in custody r 4051 Criminal proceedings—defence response to prosecutor’s opening address r 4052 Criminal proceedings—execution of documents r 4053 Criminal proceedings—inspection of registry files r 4054 Criminal proceedings—certificate of conviction r 4055 Criminal proceedings—preparation of judgments Part 4.2 — Magistrates Court criminal proceedings
Division 4.2.1 — Magistrates Court criminal proceedings—preliminary
r 4300 Definitions—pt 4.2 r 4301 Application—pt 4.2 Division 4.2.1AA — Magistrates Court criminal proceedings—first appearance
r 4302 When not necessary for court to read charges to defendant r 4303 Represented defendant may enter plea or consent to summary disposal of proceeding Division 4.2.1AB — Magistrates Court criminal proceedings—withdrawal of solicitor
r 4304 Withdrawal of solicitor—before date for hearing or sentencing set r 4304A Withdrawal of solicitor—after date for hearing or sentencing set Division 4.2.1A — Magistrates Court criminal proceedings—prosecution evidence in committal proceedings
r 4305 Prosecution evidence to be given to accused etc—Magistrates Court Act, s 90 Division 4.2.2 — Magistrates Court criminal proceedings—setting aside orders
r 4310 Magistrates Court order made in absence of party may be set aside—general r 4311 Magistrates Court order made in absence of defendant may be set aside—summons for prescribed offence r 4312 Magistrates Court order made in absence of party may be set aside—other offences r 4313 Magistrates Court conviction made in absence of party set aside—warrant may be set aside r 4314 Magistrates Court conviction made in absence of party set aside—hearing r 4315 Magistrates Court order made in absence of party may be set aside—application by informant Division 4.2.3 — Magistrates Court criminal proceedings—witnesses
r 4330 Magistrates Court witness—informant may request attendance r 4331 Magistrates Court witness—expenses Part 4.3 — Supreme Court criminal proceedings
Division 4.3.1 — Supreme Court criminal proceedings—preliminary
r 4700 Definitions—pt 4.3 r 4701 Application—pt 4.3 Division 4.3.2 — Supreme Court criminal proceedings—withdrawal of solicitor
r 4702 Withdrawal of solicitor Division 4.3.3 — Supreme Court criminal proceedings—bail
r 4720 Meaning of accused person—div 4.3.3 r 4721 Supreme Court bail application in relation to accused person r 4722 Supreme Court bail application by informant r 4723 Supreme Court application for bail by unrepresented accused person r 4724 Prosecution application for review of bail decision Division 4.3.4 — Supreme Court criminal proceedings—pre-trial procedure
r 4730 Application—div 4.3.4 r 4731 Supreme Court criminal proceedings—appearance of accused person r 4732 Supreme Court criminal proceedings—appearance when committed for sentence r 4733 Supreme Court criminal proceedings—appearance when committed for trial r 4734 Supreme Court criminal proceedings—pre-trial questionnaire r 4735 Supreme Court criminal proceedings—completion of pre‑trial questionnaire r 4735A Supreme Court criminal proceedings—registrar’s directions hearing r 4736 Supreme Court criminal proceedings—arraignment r 4738 Supreme Court criminal proceedings—directions Division 4.3.5 — Supreme Court criminal proceedings—pre-trial applications
r 4750 Supreme Court criminal proceedings—application to set aside or stay proceeding r 4751 Supreme Court criminal proceedings—application for separate trials r 4752 Supreme Court criminal proceedings—other pre-trial applications r 4753 Supreme Court criminal proceedings—applications under r 4750, r 4751 and r 4752 Part 4.4 — Forensic proceedings
Division 4.4.1 — Forensic proceedings—preliminary
r 4800 Definitions—pt 4.4 r 4801 Forensic proceedings—application of applied civil rules r 4802 Forensic proceedings—application of applied criminal rules Division 4.4.2 — Forensic proceedings under the Act, pt 2.5 and the Crimes Act, pt 1D, div 5
r 4803 Application—div 4.4.2 r 4804 Forensic proceedings—filing of application r 4805 Forensic proceedings—personal service Division 4.4.3 — Forensic proceedings under the Act, pt 2.7 and the Crimes Act, pt 1D, div 6A
r 4806 Application—div 4.4.3 r 4807 Forensic proceedings—application and service Division 4.4.4 — Forensic proceedings—general
r 4808 Forensic proceedings—application not served in time r 4809 Forensic proceedings—filing and service of supporting affidavit r 4810 Forensic proceedings—costs Chapter 5 — Appellate proceedings
Part 5.1 — Appellate proceedings—preliminary
r 5000 Definitions—ch 5 r 5001 Appellate proceedings—application of ch 2 generally Part 5.1A — Criminal appellate proceedings—representation
r 5002 Definitions—pt 5.1A r 5003 Criminal appellate proceedings—notice of solicitor acting r 5004 Criminal appellate proceedings—solicitor’s instructions to act for relevant party ended r 5005 Criminal appellate proceedings—solicitor wants to withdraw from acting for relevant party r 5006 Criminal appellate proceedings—removal of solicitor by court r 5007 Criminal appellate proceedings—solicitor removed from roll etc r 5010 Definitions—pt 5.2 r 5011 Application—pt 5.2 r 5012 Appeals from registrar—starting appeal r 5013 Appeals from registrar—requirements for notice of appeal r 5014 Appeals from registrar—time for filing notice of appeal r 5015 Appeals from registrar—notice of appeal to be sealed r 5016 Appeals from registrar—serving notice of appeal r 5017 Appeals from registrar—stay and reinstatement Division 5.3.1 — Appeals to Supreme Court—preliminary
r 5050 Definitions—pt 5.3 r 5051 Application—pt 5.3 r 5052 Appeals to Supreme Court—general powers r 5053 Appeals to Supreme Court—non-publication order r 5054 Appeals to Supreme Court—stay and reinstatement r 5055 Appeals to Supreme Court—security for costs Division 5.3.2 — Appeals to Supreme Court—leave to appeal
r 5070 Application—div 5.3.2 r 5071 Appeals to Supreme Court—application for leave to appeal r 5072 Appeals to Supreme Court—time for filing application for leave to appeal r 5073 Appeals to Supreme Court—application for leave to appeal to be sealed r 5074 Appeals to Supreme Court—serving application for leave to appeal r 5075 Appeals to Supreme Court—notice of intention to respond to application for leave to appeal r 5076 Appeals to Supreme Court—time for filing etc respondent’s affidavits for leave to appeal Division 5.3.3 — Appeals to Supreme Court—leave to appeal out of time
r 5080 Meaning of out of time—div 5.3.3 r 5081 Application—div 5.3.3 r 5082 Appeals to Supreme Court—application for leave to appeal out of time r 5083 Appeals to Supreme Court—filing application for leave to appeal out of time r 5084 Appeals to Supreme Court—application for leave to appeal out of time to be sealed r 5085 Appeals to Supreme Court—serving application for leave to appeal out of time r 5086 Appeals to Supreme Court—notice of intention to respond to application for leave to appeal out of time r 5087 Appeals to Supreme Court—time for filing etc respondent’s affidavits for leave to appeal out of time Division 5.3.4 — Appeals to Supreme Court—procedure generally
r 5100 Appeals to Supreme Court—starting appeal r 5101 Appeals to Supreme Court—requirements for notice of appeal etc r 5102 Appeals to Supreme Court—parties to appeal r 5103 Appeals to Supreme Court—time for filing notice of appeal r 5104 Appeals to Supreme Court—notice of appeal to be sealed r 5105 Appeals to Supreme Court—numbering etc of appeals r 5106 Appeals to Supreme Court—date for settlement of appeal papers r 5107 Appeals to Supreme Court—serving notice of appeal r 5108 Appeals to Supreme Court—notice of intention to respond r 5109 Appeals to Supreme Court—respondent taken to be served by filing notice of intention to respond r 5110 Appeals to Supreme Court—documents r 5111 Appeals to Supreme Court—amending notice of appeal r 5112 Appeals to Supreme Court—cross-appeal r 5113 Appeals to Supreme Court—application of certain rules to cross-appeals r 5114 Appeals to Supreme Court—effect of failure to give notice of cross-appeal r 5115 Appeals to Supreme Court—notice of contention Division 5.3.5 — Appeals to Supreme Court—appeal papers and hearing
r 5130 Appeals to Supreme Court—draft index of appeal papers r 5131 Appeals to Supreme Court—settlement of appeal papers r 5132 Appeals to Supreme Court—content of appeal papers r 5133 Appeals to Supreme Court—presentation of appeal papers r 5134 Appeals to Supreme Court—filing and serving appeal papers r 5135 Appeals to Supreme Court—setting appeal for hearing r 5136 Appeals to Supreme Court—changing appeal hearing date r 5137 Appeals to Supreme Court—written summary and list for appeal hearing r 5138 Appeals to Supreme Court—summaries of arguments r 5139 Appeals to Supreme Court—list of authorities, legislation and texts r 5140 Appeals to Supreme Court—absence of party r 5141 Appeals to Supreme Court—insufficient material r 5170 Appeals to Supreme Court—abandonment of ground of appeal r 5171 Appeals to Supreme Court—discontinuance of appeal r 5172 Appeals to Supreme Court—competency of appeal r 5173 Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent r 5174 Appeals to Supreme Court—dismissal by consent r 5175 Appeals to Supreme Court—consent orders Division 5.3.7 — Appeals to Supreme Court—miscellaneous
r 5190 Appeals to Supreme Court—directions about appeal etc r 5191 Appeals to Supreme Court—want of prosecution of appeal r 5192 Appeals to Supreme Court—matter happening in court or tribunal appealed from r 5193 Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214 r 5194 Appeals to Supreme Court—keeping exhibits Part 5.4 — Appeals to Court of Appeal
Division 5.4.1 — Appeals to Court of Appeal—preliminary
r 5300A Definitions—pt 5.4 r 5300 Meaning of court—pt 5.4 r 5301 Appeals to Court of Appeal—stay and reinstatement r 5302 Appeals to Court of Appeal—security for costs Division 5.4.2 — Appeals to Court of Appeal—leave to appeal from interlocutory orders
r 5310 Application—div 5.4.2 r 5311 Appeals to Court of Appeal—application for leave to appeal r 5312 Appeals to Court of Appeal—time for filing application for leave to appeal r 5313 Appeals to Court of Appeal—application for leave to appeal to be sealed r 5314 Appeals to Court of Appeal—serving application for leave to appeal r 5315 Appeals to Court of Appeal—response to application for leave to appeal Division 5.4.3 — Appeals to Court of Appeal—leave to appeal out of time from final judgments
r 5330 Definitions—div 5.4.3 r 5331 Application—div 5.4.3 r 5332 Appeals to Court of Appeal—application for leave to appeal out of time r 5333 Appeals to Court of Appeal—filing application for leave to appeal out of time r 5334 Appeals to Court of Appeal—application for leave to appeal out of time to be sealed r 5335 Appeals to Court of Appeal—serving application for leave to appeal out of time r 5336 Appeals to Court of Appeal—response to application for leave to appeal out of time r 5400 Definitions—divs 5.4.4 to 5.4.6 r 5400A Meaning of case summary—div 5.4.4 r 5401 Application—divs 5.4.4 to 5.4.6 r 5402 Appeals to Court of Appeal—starting appeal r 5403 Appeals to Court of Appeal—requirements for notice of appeal etc r 5404 Appeals to Court of Appeal—parties to appeal r 5405 Appeals to Court of Appeal—time for filing notice of appeal and case summary r 5406 Appeals to Court of Appeal—notice of appeal to be sealed r 5407 Appeals to Court of Appeal——numbering etc of appeals r 5408 Appeals to Court of Appeal—date for settlement of appeal papers r 5409 Appeals to Court of Appeal—serving notice of appeal and case summary r 5410 Appeals to Court of Appeal—notice of intention to respond r 5411 Appeals to Court of Appeal—respondent taken to be served by filing notice of intention to respond r 5412 Appeals to Court of Appeal—amending notice of appeal r 5413 Appeals to Court of Appeal—cross-appeal r 5414 Appeals to Court of Appeal—application of certain rules to cross-appeals r 5415 Appeals to Court of Appeal—effect of failure to give notice of cross-appeal r 5416 Appeals to Court of Appeal—notice of contention r 5432 Appeals to Court of Appeal—settlement of appeal papers r 5436 Appeals to Court of Appeal—setting appeal for hearing r 5437 Appeals to Court of Appeal—changing appeal hearing date r 5441 Appeals to Court of Appeal—absence of party r 5442 Appeals to Court of Appeal—insufficient material r 5470 Appeals to Court of Appeal—abandonment of ground of appeal r 5471 Appeals to Court of Appeal—discontinuance of appeal r 5472 Appeals to Court of Appeal—competency of appeal r 5473 Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent r 5474 Appeals to Court of Appeal—dismissal by consent r 5475 Appeals to Court of Appeal—consent orders Division 5.4.7 — Appeals to Court of Appeal—convictions and sentences
Subdivision 5.4.7.1 — Appeals to Court of Appeal—convictions and sentences preliminary
r 5500 Definitions—div 5.4.7 Subdivision 5.4.7.2 — Appeals to Court of Appeal—leave to appeal out of time by convicted person
r 5505 Application—sdiv 5.4.7.2 r 5506 Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence r 5507 Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence to be sealed r 5508 Appeals to Court of Appeal—serving application for leave to appeal out of time against conviction or sentence Subdivision 5.4.7.3 — Appeals to Court of Appeal—leave to appeal out of time by DPP
r 5520 Application of div 5.4.3 to certain appeals by DPP r 5531 Appeals to Court of Appeal—grounds of appeal against conviction or sentence r 5532 Appeals to Court of Appeal—trial judge’s report for appeal against conviction or sentence r 5533 Appeals to Court of Appeal—service if convicted person in custody and unrepresented r 5534 Appeals to Court of Appeal—written case and presence if convicted person appellant r 5535 Appeals to Court of Appeal—order for production of offender r 5536 Appeals to Court of Appeal—fine paid to be kept pending appeal r 5539 Appeals to Court of Appeal—notification of result of appeal against conviction etc Division 5.4.8 — Appeals to Court of Appeal—miscellaneous
r 5600 Appeals to Court of Appeal—power to amend proceedings in court below r 5601 Appeals to Court of Appeal—expediting appeals etc r 5602 Appeals to Court of Appeal—directions about appeal etc r 5603 Appeals to Court of Appeal—want of prosecution of appeal r 5604 When Court of Appeal may be constituted by single judge—Supreme Court Act 1933, s 37J (1) (h) r 5605 Jurisdiction of Court of Appeal that may be exercised by single judge—Supreme Court Act 1933, s 37J (3) r 5606 Appeals to Court of Appeal—further evidence on appeal r 5607 Appeals to Court of Appeal—keeping exhibits Part 5.5 — Orders to review Magistrates Court decisions
r 5700 Meaning of review order—pt 5.5 r 5701 Review orders—application for order r 5702 Review orders—affidavits r 5703 Review orders—service of applications r 5704 Review orders—parties r 5705 Review orders—service of review order r 5706 Review orders—notice of intention to respond to review order r 5707 Review orders—security for costs r 5708 Review orders—stay r 5709 Review orders—non-appearance of applicant r 5710 Review orders—application to revoke review order Part 5.6 — Reference appeals
Division 5.6.1 — Reference appeals—Supreme Court
r 5750 Definitions—div 5.6.1 r 5751 Reference appeals to Supreme Court—application for reference appeal r 5752 Reference appeals to Supreme Court—service of application etc for reference appeal r 5753 Reference appeals to Supreme Court—notice of intention to respond by interested party r 5754 Reference appeals to Supreme Court—discontinuance of reference appeal r 5755 Reference appeals to Supreme Court—application of certain rules to reference appeals Division 5.6.2 — Reference appeals—Court of Appeal
r 5770 Definitions—div 5.6.2 r 5771 Reference appeals to Court of Appeal—application for reference appeal r 5772 Reference appeals to Court of Appeal—service of application etc for reference appeal r 5773 Reference appeals to Court of Appeal—notice of intention to respond by interested party r 5774 Reference appeals to Court of Appeal—discontinuance of reference appeal r 5775 Reference appeals to Court of Appeal—application of certain rules to reference appeals Part 5.7 — Special cases
Division 5.7.1 — Questions referred—Supreme Court
r 5800 Application—div 5.7.1 r 5801 Definitions—div 5.7.1 r 5802 Question referred to Supreme Court—form r 5803 Special case to Supreme Court—preparation and settling r 5804 Special case to Supreme Court—person with legal disability r 5805 Special case to Supreme Court—directions hearing r 5806 Special case to Supreme Court—setting down for hearing r 5807 Special case to Supreme Court—insufficient statement of case r 5808 Special case to Supreme Court—court can draw inferences r 5809 Special case to Supreme Court—agreement about damages and costs Division 5.7.2 — Questions referred—Court of Appeal
r 5830 Application—div 5.7.2 r 5831 Definitions—div 5.7.2 r 5832 Question referred to Court of Appeal—form r 5833 Special case to Court of Appeal—preparation and settling r 5834 Special case to Court of Appeal—setting down for hearing r 5835 Special case to Court of Appeal—court can draw inferences r 5836 Special case to Court of Appeal—agreement about damages and costs Part 5.8 — Written cases
r 5850 Definitions—pt 5.8 r 5851 Application of pt 5.8 to div 5.6.1 etc r 5852 Written cases—when used r 5853 Written cases—appellant wants written case r 5854 Written cases—respondent wants written case r 5855 Written cases—filing etc written case for application r 5856 Written cases—filing etc written case for appeal r 5857 Written cases—form r 5858 Written cases—inspection Chapter 6 — General rules for all proceedings
Part 6.1 — Introductory provisions—ch 6
r 6000 Application—ch 6 Part 6.2 — Applications in proceedings
r 6005 Definitions—pt 6.2 r 6006 Application—pt 6.2 r 6007 Application in proceeding—contents r 6008 Application in proceeding—filing and service r 6009 Application in proceeding—filing and service of supporting material r 6010 Application in proceeding—absence of party r 6011 Application in proceeding—dismissal or adjournment if application not served etc r 6012 Application in proceeding—adjournment generally r 6013 Application in proceeding—orders by consent without attendance r 6014 Application in proceeding—further hearing r 6015 Application in proceeding—application under r 40 r 6016 Application in proceeding—oral application Part 6.2A — Human rights proceedings
Division 6.2A.1 — Preliminary
r 6020 Terms used in Human Rights Act 2004 r 6021 Application—pt 6.2A Division 6.2A.1A — Pleadings and originating processes
r 6022 Contents of pleadings or originating processes Division 6.2A.2 — Notice to Attorney-General and commission
r 6030 Application—div 6.2A.2 r 6031 Notice—human rights proceedings r 6032 Notice—direction by court r 6033 Contents of notice of human rights matter r 6034 Directions hearing—human rights proceedings Division 6.2A.3 — Intervention of commission
r 6040 Human rights commissioner—application for leave to intervene Part 6.2B — Intervention of Attorney-General in proceedings
r 6045 Attorney-General—notice of intervention Part 6.3 — Documents
Division 6.3.1 — General provisions about documents for filing
r 6100 Application—div 6.3.1 r 6101 Documents—compliance with approved form r 6102 Documents—general heading style r 6103 Documents—layout etc r 6104 Documents—use of copies r 6105 Documents—use of figures r 6106 Documents—signing r 6107 Documents—alterations Division 6.3.2 — Filing documents
r 6120 Filing documents—number of copies r 6121 How documents may be filed r 6122 Filing documents personally r 6123 Filing documents by post r 6124 Filing documents electronically r 6125 Practice notes about filing r 6126 Date of filing r 6130 Keeping original documents r 6133 Conversion of documents in paper form to electronic form r 6134 Official record of the court Division 6.3.3 — Rejecting filed documents
r 6140 Rejecting documents—noncompliance with rules etc r 6141 Rejecting documents—inconvenient address for service r 6142 Rejecting documents—abuse of process etc r 6143 Rejecting document—registrar to give notice etc r 6144 Rejecting document—costs r 6145 Filed documents initially rejected Part 6.5 — Registrar
r 6250 Jurisdiction exercisable by registrar of Supreme Court r 6251 Jurisdiction exercisable by registrar of Magistrates Court r 6252 Registrar’s powers—postponement of hearing r 6253 Registrar’s powers—subpoenas r 6254 Order that jurisdiction in proceeding be exercised by judicial officer other than registrar r 6255 Registrar referring proceeding or issue to judicial officer r 6256 Appeals from registrar’s orders etc Part 6.6 — Registry
r 6300 Office hours r 6301 Registrar’s duties r 6302 Cause book r 6303 Registrar to keep seals r 6304 Documents—sealing and stamping r 6304A Signing, sealing and stamping documents filed electronically r 6304B Issue of documents electronically by court r 6305 Issue of commissions r 6306 Duplicate sealed etc documents r 6307 Delegation by registrar r 6350 Time—certain days excluded in working out r 6351 Time—extending and shortening by court order r 6352 Time—fixing by court order Part 6.8 — Service
Division 6.8.1 — Service—preliminary
r 6400 Application—pt 6.8 r 6401 Service of filed documents Division 6.8.2 — Personal service
r 6405 How document is personally served Division 6.8.3 — Service—Magistrates Court
r 6410 Application—div 6.8.3 r 6411 Service on individuals generally—Magistrates Court r 6412 Service of originating process by post—Magistrates Court r 6413 Doubtful service—Magistrates Court Division 6.8.4 — Ordinary service
r 6420 Ordinary service—address for service r 6421 Service by filing r 6430 Service in Australia but outside ACT r 6431 Service on corporations—generally r 6432 Service on corporations—additional ways for all corporations r 6433 Service of originating process on partnership r 6434 Service on defendant operating under business name r 6435 Service on children r 6436 Service on people with mental disabilities r 6437 Service on detainees r 6438 Service if no-one found at party’s address for service r 6439 Service of originating application to recover unoccupied land Division 6.8.6 — Time of service
r 6450 Time of service at address for service Division 6.8.7 — Service—other
r 6460 Substituted service r 6461 Informal service r 6462 Service on agent r 6463 Service under contract r 6464 Acceptance of service by solicitor r 6465 Special requirements for service by fax r 6466 Email service—other matters r 6467 Proof of service r 6468 Identity of person served r 6469 Change of address for service Division 6.8.8 — Service of subpoenas and notices instead of subpoenas—general
r 6480 Definitions—div 6.8.8 r 6481 Subpoena—service on solicitor r 6482 Subpoena—service on special witness r 6483 Special witness—notice instead of subpoena r 6484 Special witness—no shortening of time for service r 6500 Meaning of Australia—div 6.8.9 r 6502 Service of originating process without leave r 6503 Service of originating process with leave r 6504 Court’s discretion whether to assume jurisdiction r 6505 Notice to person served outside Australia r 6506 Time for filing notice of intention to respond r 6507 Leave to proceed if notice of intention to respond not filed r 6508 Service of other documents outside Australia r 6509 Mode of service r 6540 Letter of request from foreign tribunal—procedure r 6541 Orders for substituted service etc for div 6.8.11 r 6542 Noncompliance with div 6.8.11 Subdivision 6.8.12.1 — Preliminary
r 6550 Definitions—div 6.8.12 r 6551 Rules under this division prevail Subdivision 6.8.12.2 — Service abroad of local judicial documents
r 6552 Application—subdiv 6.8.12.2 r 6553 Application for request for service abroad r 6554 How application to be dealt with r 6555 Procedure on receipt of certificate of service r 6556 Payment of costs r 6557 Evidence of service Subdivision 6.8.12.3 — Default judgment following service abroad of initiating process
r 6558 Application—subdiv 6.8.12.3 r 6559 Restriction on power to enter default judgment if certificate of service filed r 6560 Restriction on power to enter default judgment if certificate of service not filed r 6561 Setting aside default judgment Subdivision 6.8.12.4 — Local service of foreign judicial documents
r 6562 Application—subdiv 6.8.12.4 r 6563 Certain documents to be referred back to Attorney‑General of the Commonwealth r 6564 Service of foreign judicial documents etc r 6565 Affidavit about service Part 6.9 — Subpoenas
r 6600 Definitions—pt 6.9 r 6601 Issuing subpoena r 6601A Issuing subpoena to produce—originating claim r 6601B Issuing subpoena to produce—originating application r 6602 Form of subpoena r 6603 Subpoena—leave to serve late r 6603A Subpoena—change of date for attendance of production r 6604 Setting aside subpoena or other relief r 6605 Service of subpoena r 6606 Compliance with subpoena r 6607 Production of subpoenaed document etc otherwise than on attendance r 6607A Addressee declaration on production of subpoenaed document or thing r 6608 Removal, return, inspection etc of subpoenaed documents and things r 6609 Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on attendance r 6610 Return or disposal of subpoenaed documents and things produced r 6611 Costs and expenses of compliance with subpoena r 6612 Failure to comply with subpoena—contempt of court r 6613 Documents and things in custody of court r 6614 Application of pt 6.9—subpoena under Commercial Arbitration Act r 6615 Subpoena issued by ACAT—leave to serve outside ACT r 6615A Examination summons issued by ACT Integrity Commission—leave to serve outside ACT Division 6.10.1 — General—pt 6.10
r 6700 Way evidence given—civil proceedings r 6701 Evidence on affidavit by agreement—civil proceedings r 6702 Evidence in another civil proceeding etc r 6703 Evidence by telephone etc r 6704 Plans, photographs, video or audio recordings and models Division 6.10.2 — Affidavits
r 6710 Affidavit—form r 6711 Affidavit—contents r 6712 Affidavit—annexures and exhibits r 6713 Affidavit—document included in r 6714 Affidavit—when may be taken r 6715 Affidavit—taking of r 6716 Affidavit—certificate of reading or signature for person making r 6717 Affidavit—alterations in r 6718 Affidavit—filing and service r 6719 Affidavit—irregular in form r 6720 Affidavit—scandalous matter etc r 6721 Affidavit—cross-examination of maker r 6722 Affidavit—taken before party Division 6.10.3A — Notice to produce
r 6748 Notice to produce Division 6.10.4 — Notices under Evidence Act
r 6750 Evidence of previous representation notice r 6751 Objection to hearsay evidence notice—civil proceedings r 6752 Tendency evidence notice r 6753 Coincidence evidence notice Division 6.10.5 — Exhibits, documents and things
r 6760 Meaning of subpoenaed document or thing—div 6.10.5 r 6761 Registrar to keep record of proceeding r 6762 Custody of exhibits after proceeding r 6763 Duty of parties to claim exhibits r 6765 Requirement to give or send exhibit r 6766 Disposal of exhibits r 6767 Power to allow removal of exhibits etc Division 6.10.6 — Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link
r 6800 Application for direction under Evidence (Miscellaneous Provisions) Act, s 20 r 6801 Directions for Evidence (Miscellaneous Provisions) Act, s 20 Division 6.10.8 — Taking evidence otherwise than at trial
r 6810 Definitions—div 6.10.8 r 6811 Effect of court directions for examination order r 6812 Application of div 6.10.8 to letter of request r 6813 Order for taking evidence otherwise than at trial r 6814 When examination order may be made r 6815 Application for examination order r 6816 Appointment of examiner r 6817 Documents for examiner r 6818 Time and place of examination etc r 6819 Conduct of examination r 6820 Examination of additional people r 6821 Objections by party or person being examined r 6822 Recording evidence of examination r 6823 Authentication and filing of deposition of examination etc r 6824 Special report on examination r 6825 Default of witness at examination r 6826 Costs of examination r 6827 Witness expenses for witness at examination r 6828 Admissibility of deposition of examination r 6829 Letter of request r 6830 Use of evidence taken in examination r 6831 Use of evidence taken in an examination—subsequent proceedings r 6832 Amendment and revocation of examination orders r 6833 Exclusion of evidence in criminal proceeding Division 6.10.9 — Taking evidence for Australian and foreign courts and tribunals
r 6840 Definitions—div 6.10.9 r 6841 Application—div 6.10.9 r 6842 Application for div 6.10.9 order r 6843 Order relating to taking evidence for Australian or foreign court or tribunal r 6844 Div 6.10.9 order for criminal proceeding r 6845 Appointment of examiner for div 6.10.9 r 6846 Attendance by div 6.10.9 order applicant at examination r 6847 Procedure for taking evidence under div 6.10.9 order r 6848 Keeping of exhibits at div 6.10.9 examination r 6849 Certificate of order and depositions—div 6.10.9 examination r 6850 Privilege of witnesses—div 6.10.9 examination r 6851 Privilege of witnesses—unsupported claim etc for div 6.10.9 examination Part 6.10A — Trans-Tasman proceedings
Division 6.10A.1 — Trans-Tasman proceedings—general
r 6860 Terms in Trans-Tasman Proceedings Act Division 6.10A.2 — Trans-Tasman proceedings—orders under Trans‑Tasman Proceedings Act
r 6861 Trans-Tasman proceedings—originating application r 6862 Trans-Tasman proceedings—applications in proceedings r 6863 Trans-Tasman proceedings—application for interim relief Division 6.10A.3 — Trans-Tasman proceedings—service of subpoenas in New Zealand
r 6864 Application—div 6.10A.3 r 6865 Trans-Tasman proceedings—application for leave to serve subpoena in New Zealand r 6866 Trans-Tasman proceedings—application to set aside subpoena served in New Zealand r 6867 Trans-Tasman proceedings—noncompliance with subpoena served in New Zealand Division 6.10A.4 — Trans-Tasman proceedings—remote appearances
r 6868 Trans-Tasman proceedings—application for order for use of audio link or audiovisual link from New Zealand Division 6.10A.5 — Trans-Tasman proceedings—enforcement of NZ judgments
r 6869 Trans-Tasman proceedings—notice of registration of NZ judgment r 6870 Trans-Tasman proceedings—application for extension of time to give notice of registration of NZ judgment r 6871 Trans-Tasman proceedings—application to set aside registration of NZ judgment r 6872 Trans-Tasman proceedings—application for stay of enforcement of registered NZ judgment r 6873 Trans-Tasman proceedings—application for extension of time to apply for stay of enforcement of registered NZ judgment Part 6.11 — Miscellaneous—ch 6
r 6900 Power to make orders r 6901 Orders may be made on conditions r 6902 Leave may be given on conditions r 6903 References to court acting on its own initiative r 6904 Mandatory order to registrar etc r 6905 Notices must be written r 6906 Mistakes in orders or court certificates r 6907 Power to make practice notes r 6908 Use of electronic devices in courtrooms Chapter 7 — Transitional
Part 7.1 — Transitional—Supreme Court
r 7000 Transitional—existing proceedings in Supreme Court on 1 July 2006 r 7002 Transitional—construction of outdated references to Supreme Court rules etc Part 7.2 — Transitional—Magistrates Court
r 7011 Transitional—existing proceedings in Magistrates Court on 1 January 2007 