Schedule 1

Forms

In force

rule 3.07(1)

FORM 3A

rule 3.10(1)

AUTHORISATION TO FILE DOCUMENTS BY ELECTRONIC TRANSMISSION

TO [name and address of authorised person]

You are authorised to file documents in the Local Court by electronic transmission.

The filing date of a document filed by electronic transmission is the date on which it is received by the Court.

You must keep a hard copy of every document filed by electronic transmission and you must provide the Court with a hard copy if requested by a registrar to do so.

Dated:

Chief Judge

FORM 5A

rule 5.04(2)

NOTICE OF TRANSFER OF PROCEEDINGS FROM SUPREME COURT TO LOCAL COURT

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

[FULL NAME] Defendant

TO [NAME AND ADDRESS OF PARTY]

On [date] an order was made in the Supreme Court that these proceedings be transferred to the Local Court at [venue].

The Local Court has received the court file relating to these proceedings and has assigned the above claim number to the proceedings.

* The plaintiff must:

(a) file in the Local Court a concise statement of the particulars of the plaintiff's claim not later than 14 days after being served with this notice; and

(b) serve a copy on the other parties not later than 7 days after filing the statement of particulars.

* A conciliation conference has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

All parties must attend the conciliation conference.

An individual must attend the conference personally and be prepared to discuss all issues. An officer or employee of a corporation must be authorised by the corporation to attend the conference and to settle the matter if possible. A partner of a firm must have the unfettered written authority of all the other partners to attend the conference and to settle the matter if possible.

Attendance at the conference on behalf of the Territory must be by an employee (as defined in the Public Sector Employment and Management Act 1993) of the agency for which the Territory is conducting the proceedings, authorised in writing by the Chief executive Officer of that agency to attend the conference and to settle the matter if possible.

A person attending the conference may be accompanied by a legal representative.

If a plaintiff fails to attend, the Court may strike out the claim. If a defendant fails to attend, the Court may give the plaintiff leave to proceed as if a notice of defence had not been filed or may make other orders it considers appropriate. A party who is unable to attend should contact a registrar of the Local Court. A registrar may give you leave to attend by teleconferencing. The Court may dispense with the requirement of attendance in person (either physically or by teleconferencing) in special circumstances.

Dated:

Registrar

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 5B

rule 5.18(2)

NOTICE OF DISCONTINUANCE OR WITHDRAWAL

[Heading as in originating process]

TO [NAME AND ADDRESS OF PARTY]

AND TO THE COURT

The [identify party] gives notice that:

* the *claim/counterclaim* filed on [e.g. 2 December 1997] is discontinued.

* the notice of defence filed on [e.g. 2 December 1997] is withdrawn.

[signature of party

or legal practitioner]

Dated: [e.g. 2 March 1998]

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 7A

rule 7.02(1)(a)

STATEMENT OF CLAIM

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

[FULL NAME] Defendant

TO THE DEFENDANT

This statement of claim has been brought against you by the plaintiff for the claim set out below.

IF YOU INTEND TO DEFEND this claim YOU MUST, NOT LATER THAN 28 DAYS after being served with this statement of claim:

(a) file a notice of defence with a registrar of the Local Court at [venue]; and

(b)

serve a copy on the plaintiff.

IF YOU DO NOT file and serve a notice of defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

THE PLAINTIFF CLAIMS [set out concise statement of the nature of the claim] particulars of which are set out below, and seeks [set out statement of amount, relief or remedy sought].

*If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without filing and serving a notice of defence you may avoid further costs.

PARTICULARS OF CLAIM

[set out particulars of claim]

[signature of plaintiff

or legal practitioner]

Filed:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This statement of claim was filed:

*by the plaintiff in person.

*for the plaintiff by [name of plaintiff's legal practitioner] of [name of firm], legal practitioner(s), of [business address in Australia including telephone, facsimile and reference numbers. If the legal practitioner is the agent of another legal practitioner, also insert the name of the principal's firm and business address including telephone, facsimile and reference numbers.]

2. The address of the plaintiff is:

3. The address for service of the plaintiff is – [If the plaintiff sues in person, the address in 2. If the plaintiff sues by a legal practitioner – the address in 1.]

4. The address of the defendant is:

* Delete if inapplicable.

WHAT TO DO WHEN YOU GET A STATEMENT OF CLAIM

The person called the plaintiff has a claim against you and wants the Court to decide it.

You can:

1. File a notice of defence.

You must fill out the form headed "NOTICE OF DEFENCE" that came with this claim explaining why you are not responsible for part or all of the amount the plaintiff claims. This form should be filed with a registrar at the Court and a copy served on the plaintiff.

2. Pay the amount of the claim and the plaintiff's legal costs.

If you intend to do this you should contact the plaintiff or the plaintiff's legal practitioner immediately and make arrangements to pay. Make sure you get any agreements in writing.

3. File an application for an instalment order.

If you admit you owe the amount claimed but cannot pay it all at once you may apply to the Court for an instalment order. Forms for this are available from the Court office. You must file the original with the Court and serve a copy on the plaintiff.

Warning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE MADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND ADDITIONAL LEGAL COSTS. IF JUDGMENT IS ENTERED AGAINST YOU, THE JUDGMENT DEBT (THE AMOUNT YOU MUST PAY TO THE PLAINTIFF) CARRIES INTEREST FROM THE DATE OF JUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE JUDGMENT DEBT MAY BE GIVEN TO CREDIT INFORMATION SUPPLIERS.

If you do not understand what you have to do or need help contact:

1. the Registry of the Local Court

Darwin phone: 8999 6236

Katherine phone: 8973 8953

Alice Springs phone: 8951 5710

Tennant Creek phone: 8962 4377

Nhulunbuy phone: 8987 1378

2. a legal practitioner (look under "solicitors" in the Yellow Pages)

3. the Law Society of the Northern Territory (who will refer you to a legal practitioner who can help with your matter)

Phone: 8981 5104

4. Northern Territory Legal Aid Commission

Darwin phone: 8999 3000

Alice Springs phone: 8951 5377

5. North Australian Aboriginal Legal Aid

Darwin phone: 8982 5100

Katherine phone: 8972 5000

6. Central Australian Aboriginal Legal Aid

Phone: 8950 9300

Freecall: 1800 636 079

AFFIDAVIT OF SERVICE

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

[FULL NAME] Defendant

NAME OF DEPONENT:

DATE AFFIDAVIT MADE:

(full name)

(address)

say on oath

I did at on

(time) (day) (month) (year)

serve the defendant

(full name of defendant)

with this statement of claim by delivering a true copy of the statement of claim to the defendant at

(address)

I identified the defendant as follows:

Made at [place] _________________ on [date] ________________

By [signature of deponent] _________________________________

Witnessed by

Signature ____________________________________________

Justice of the peace / commissioner for oaths

Commissioner for Affidavits or Declarations or Notary Public (for service under Service and Execution of Process Act 1992 (Cth))

Name _______________________________________________

Address or phone no. ________________________________

* Delete if inapplicable.

Filed by:

Address:

Telephone: Fax:

FORM 7B

rule 7.02(1)(b)

STATEMENT OF CLAIM IN RELATION TO MOTOR VEHICLE COLLISION

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

[FULL NAME] Defendant

TO THE DEFENDANT

This statement of claim has been brought against you by the plaintiff for the claim set out below.

IF YOU INTEND TO DEFEND this claim YOU MUST, NOT LATER THAN 28 DAYS after being served with this statement of claim:

(a) file a notice of defence with a registrar of the Local Court at [venue]; and

(b)

serve a copy on the plaintiff.

IF YOU DO NOT file and serve a notice of defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

THE PLAINTIFF CLAIMS damages arising out of a collision, details of which are set out below.

*If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without giving notice of defence you may avoid further costs.

PARTICULARS OF CLAIM

WHAT IS THE NATURE OF YOUR CLAIM? (e.g. cost of repairs to motor vehicle; cost of repairs to damaged fence.)

WHERE DID YOUR CLAIM ARISE? (Give the location of the collision, and in the space below draw a sketch plan of the collision with names of roads, &c., identify your vehicle as "1", the vehicle driven by the defendant as "2" and any other vehicles involved as "3", "4", "5", &c.)

WHEN DID YOUR CLAIM ARISE?

HOW DID THE COLLISION HAPPEN? (You must set out here in as much detail as you can how the collision happened and why you believe the defendant is at fault. If the space is insufficient you may attach other sheets.)

#HOW MUCH ARE YOU CLAIMING?

[signature of plaintiff

or legal practitioner]

# You must attach an itemised quotation giving full details of property damage.

Filed:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This statement of claim was filed:

*by the plaintiff in person.

*for the plaintiff by [name of plaintiff's legal practitioner] of [name of firm], legal practitioner(s), of [business address in Australia including telephone, facsimile and reference numbers. If the legal practitioner is the agent of another legal practitioner, also insert the name of the principal's firm and business address including telephone, facsimile and reference numbers.]

2. The address of the plaintiff is:

3. The address for service of the plaintiff is – [If the plaintiff sues in person, the address in 2. If the plaintiff sues by a legal practitioner – the address in 1.]

4. The address of the defendant is:

* Delete if inapplicable.

WHAT TO DO WHEN YOU GET A STATEMENT OF CLAIM

The person called the plaintiff has a claim against you and wants the Court to decide it.

You can:

1. File a notice of defence.

2. Pay the amount of the claim and the plaintiff's legal costs.

If you intend to do this you should contact the plaintiff or his or her legal practitioner immediately and make arrangements to pay. Make sure you get any agreements in writing.

3. File an application for an instalment order.

If you do not understand what you have to do or need help contact:

1. the Registry of the Local Court

Darwin phone: 8999 6236

Katherine phone: 8973 8953

Alice Springs phone: 8951 5710

Tennant Creek phone: 8962 4377

Nhulunbuy phone: 8987 1378

2. a legal practitioner (look under "solicitors" in the Yellow Pages)

3. the Law Society of the Northern Territory (who will refer you to a legal practitioner who can help with your matter)

Phone: 8981 5104

4. Northern Territory Legal Aid Commission

Darwin phone: 8999 3000

Alice Springs phone: 8951 5377

5. North Australian Aboriginal Legal Aid

Darwin phone: 8982 5100

Katherine phone: 8972 5000

6. Central Australian Aboriginal Legal Aid

Phone: 8950 9300

Freecall: 1800 636 079

AFFIDAVIT OF SERVICE

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

[FULL NAME] Defendant

NAME OF DEPONENT:

DATE AFFIDAVIT MADE:

(full name)

(address)

say on oath

I did at on

(time) (day) (month) (year)

serve the defendant

(full name of defendant)

with this statement of claim by delivering a true copy of the statement of claim to the defendant at

(address)

I identified the defendant as follows:

Made at [place] _________________ on [date] ________________

By [signature of deponent] _________________________________

Witnessed by

Signature ____________________________________________

Justice of the peace / commissioner for oaths

Commissioner for Affidavits or Declarations or Notary Public (for service under Service and Execution of Process Act 1992 (Cth))

Name _______________________________________________

Address or phone no. ________________________________

* Delete if inapplicable.

Filed by:

Address:

Telephone: Fax:

FORM 7C

rule 7.08(1)

ORIGINATING APPLICATION BETWEEN PARTIES

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Applicant

and

[FULL NAME] Respondent

TO THE COURT

The applicant applies to the Court for the following orders or relief:

[brief statement of orders or relief applied for]

* The applicant relies on [identify specific provision of legislation]

The facts, matters and circumstances supporting this application are:

[sufficient particulars to support the application]

[signature of applicant

or legal practitioner]

TO THE RESPONDENT

These proceedings have been commenced against you by the applicant who has applied to the Court for the order or relief referred to above.

IF YOU INTEND TO APPEAR before the Court in respect of these proceedings YOU MUST, NOT LATER THAN 28 DAYS after being served with this originating application:

(a) file with a registrar of the Local Court at [venue] a notice of intention to appear; and

(b)

serve a copy of the notice on the applicant.

After you have filed a notice to appear, the Court will fix a date, time and place for a CONCILIATION CONFERENCE and will send you and the applicant a notice containing the necessary information about the conference.

IF YOU DO NOT file and serve a notice of intention to appear, the applicant may OBTAIN JUDGMENT AGAINST YOU without further notice.

Filed:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This originating application was filed:

*by the applicant in person.

*for the applicant by [name of applicant's legal practitioner] of [name of firm], legal practitioner(s), of [business address in Australia including telephone, facsimile and reference numbers. If the legal practitioner is the agent of another legal practitioner, also insert the name of the principal's firm and business address including telephone, facsimile and reference numbers.]

2. The address of the applicant is:

3. The address for service of the applicant is – [If the applicant acts in person, the address in 2. If the applicant is represented by a legal practitioner – the address in 1.]

4. The address of the respondent is:

* Delete if inapplicable.

WHAT TO DO WHEN YOU GET AN ORIGINATING APPLICATION

The person called the applicant has commenced proceedings against you in the Court.

YOU MUST, NOT LATER THAN 28 DAYS after being served with this application, fill out the accompanying notice headed "NOTICE OF INTENTION TO APPEAR", file the notice with a registrar at the Court, and serve a copy on the applicant. The Court will then fix a date, time and place for a conciliation conference and will send you and the applicant a notice containing the necessary information about the conference. If you do not file a notice of intention to appear, the Court may make a judgment against you without further notice.

Warning: IF JUDGMENT IS ENTERED AGAINST YOU AND THE COURT HAS ORDERED YOU TO PAY AN AMOUNT OF MONEY TO THE APPLICANT, THAT AMOUNT CARRIES INTEREST FROM THE DATE OF JUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE JUDGMENT DEBT MAY BE GIVEN TO CREDIT INFORMATION SUPPLIERS.

If you do not understand what you have to do or need help contact:

1. the Registry of the Local Court

Darwin phone: 8999 6236

Katherine phone: 8973 8953

Alice Springs phone: 8951 5710

Tennant Creek phone: 8962 4377

Nhulunbuy phone: 8987 1378

2. a legal practitioner (look under "solicitors" in the Yellow Pages)

3. the Law Society of the Northern Territory (who will refer you to a legal practitioner who can help with your matter)

Phone: 8981 5104

4. Northern Territory Legal Aid Commission

Darwin phone: 8999 3000

Alice Springs phone: 8951 5377

5. North Australian Aboriginal Legal Aid

Darwin phone: 8982 5100

Katherine phone: 8972 5000

6. Central Australian Aboriginal Legal Aid

Phone: 8950 9300

Freecall: 1800 636 079

AFFIDAVIT OF SERVICE

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Applicant

and

[FULL NAME] Respondent

NAME OF DEPONENT:

DATE AFFIDAVIT MADE:

(full name)

(address)

say on oath

I did at on

(time) (day) (month) (year)

serve the respondent

(full name of respondent)

with this originating application by delivering a true copy of the originating application to the respondent at

(address)

I identified the respondent as follows:

Made at [place] _________________ on [date] ________________

By [signature of deponent] _________________________________

Witnessed by

Signature ____________________________________________

Justice of the peace / commissioner for oaths

Commissioner for Affidavits or Declarations or Notary Public (for service under Service and Execution of Process Act 1992 (Cth))

Name _______________________________________________

Address or phone no. ________________________________

* Delete if inapplicable.

Filed by:

Address:

Telephone: Fax:

FORM 7D

rules 7.09(b) and 7.11(2)

NOTICE OF INTENTION TO APPEAR

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Applicant

and

[FULL NAME] Respondent

TO THE APPLICANT

AND TO THE COURT

[Full name of respondent] gives notice of the respondent's intention to appear before the Court in these proceedings.

[signature of respondent

or legal practitioner]

Filed:

1. This notice was filed:

*by the respondent in person.

*for the respondent by [name of respondent's legal practitioner] of [name of firm], legal practitioner(s) of [business address in Australia including telephone, facsimile and reference numbers. If the legal practitioner is the agent of another legal practitioner, also insert the name of the principal's firm and business address including telephone, facsimile and reference numbers.]

2. The address of the respondent is:

3. The address for service of the respondent is – [If the respondent acts in person, the address in 2. If the respondent is represented by a legal practitioner – the address in 1.]

* Delete if inapplicable.

FORM 7E

rule 7.13(1)

ORIGINATING APPLICATION

IN THE LOCAL COURT Claim No.

AT [VENUE]

[APPLICANT'S FULL NAME] Applicant

TO THE COURT

The applicant applies to the Court for the following orders or relief:

[brief statement of orders or relief applied for]

* The applicant relies on [identify specific provision of legislation]

The facts, matters and circumstances supporting this application are:

[sufficient particulars to support the application]

[signature of applicant

or legal practitioner]

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Filed:

Registrar

1. This originating application was filed:

*by the applicant in person.

2. The address of the applicant is:

3. The address for service of the applicant is – [If the applicant acts in person, the address in 2. If the applicant is represented by a legal practitioner – the address in 1.]

* Delete if inapplicable.

FORM 7F

rule 7.15(2)(a)

ORIGINATING APPLICATION BETWEEN PARTIES WHEN EARLY HEARING REQUIRED

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Applicant

and

[FULL NAME] Respondent

TO THE COURT

The applicant applies to the Court for the following orders or relief:

[brief statement of orders or relief applied for]

* The applicant relies on [identify specific provision of legislation]

The facts, matters and circumstances supporting this application are:

[sufficient particulars to support the application]

[signature of applicant

or legal practitioner]

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

TO THE RESPONDENT

These proceedings have been commenced against you by the applicant who has applied to the Court for the orders or relief referred to above.

IF YOU INTEND TO APPEAR before the Court in respect of these proceedings YOU MUST, AS SOON AS PRACTICABLE BEFORE THE DATE FIXED FOR THE HEARING:

(a) file with a registrar of the Local Court at [venue] a notice of intention to appear; and

(b)

serve a copy of the notice on the applicant.

YOU MAY ALSO FILE AND SERVE an affidavit in response to the facts, matters and circumstances specified in the originating application and any supporting affidavit.

IF YOU DO NOT appear at the hearing, the applicant may obtain the orders or relief sought without further notice.

Filed:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This originating application was filed:

*by the applicant in person.

2. The address of the applicant is:

3. The address for service of the applicant is – [If the applicant acts in person – the address in 2. If the applicant is represented by a legal practitioner – the address in 1.]

4. The address of the respondent is:

* Delete if inapplicable.

WHAT TO DO WHEN YOU GET THIS ORIGINATING APPLICATION

The person called the applicant has commenced proceedings against you in the Court.

YOU MUST, AS SOON AS PRACTICABLE BEFORE THE DATE FIXED FOR THE HEARING, fill out the accompanying notice headed "NOTICE OF INTENTION TO APPEAR", file the notice with a registrar at the Court, and serve a copy on the applicant. If you do not file a notice of intention to appear, the Court may make the order or give the relief sought by the applicant. You may also file and serve an affidavit in response to the facts, matters and circumstances specified in the originating application and any supporting affidavit.

If you do not understand what you have to do or need help contact:

1. the Registry of the Local Court

Darwin phone: 8999 6236

Katherine phone: 8973 8953

Alice Springs phone: 8951 5710

Tennant Creek phone: 8962 4377

Nhulunbuy phone: 8987 1378

2. a legal practitioner (look under "solicitors" in the Yellow Pages)

3. the Law Society of the Northern Territory (who will refer you to a legal practitioner who can help with your matter)

Phone: 8981 5104

4. Northern Territory Legal Aid Commission

Darwin phone: 8999 3000

Alice Springs phone: 8951 5377

5. North Australian Aboriginal Legal Aid

Darwin phone: 8982 5100

Katherine phone: 8972 5000

6. Central Australian Aboriginal Legal Aid

Phone: 8950 9300

Freecall: 1800 636 079

AFFIDAVIT OF SERVICE

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Applicant

and

[FULL NAME] Respondent

NAME OF DEPONENT:

DATE AFFIDAVIT MADE:

(full name)

(address)

say on oath

I did at on

(time) (day) (month) (year)

serve the respondent

(full name of respondent)

with this originating application by delivering a true copy of the originating application to the respondent at

(address)

I identified the respondent as follows:

Made at [place] _________________ on [date] ________________

By [signature of deponent] _________________________________

Witnessed by

Signature ____________________________________________

Justice of the peace / commissioner for oaths

Commissioner for Affidavits or Declarations or Notary Public (for service under Service and Execution of Process Act 1992 (Cth))

Name _______________________________________________

Address or phone no. ________________________________

* Delete if inapplicable.

Filed by:

Address:

Telephone: Fax:

FORM 7G

rule 7.16

APPLICATION FOR PERSONAL VIOLENCE RESTRAINING ORDER

IN THE LOCAL COURT Claim No.

AT [VENUE]

Applicant's name:

Applicant's address for service:

Defendant's name:

Defendant's address for service:

I, [name], (the applicant), apply to the Court for a personal violence restraining order against the defendant for the protection of [name] (the protected person) of [address].

I make this application on the grounds that on the [date] there has been or is likely to be a personal violence offence committed by the defendant on the protected person.

The facts in support of this application are contained in the statutory declaration filed with this application.

Date

This application will be heard on [date] at [time] in the Local Court at [venue] in the Northern Territory of Australia.

Dated

FORM 8A

rule 8.02(1)(a)

NOTICE OF DEFENCE

[Heading as in originating process]

TO THE PLAINTIFF

AND TO THE COURT

The defendant's defence is as follows:

[set out particulars of defence and summary of facts on which you rely].

*COUNTERCLAIM

(Rule 9.02)

THE DEFENDANT CLAIMS [set out concise statement of the nature of the claim] particulars of which are set out below, and seeks [set out statement of amount, relief or remedy sought]

*PARTICULARS OF CLAIM

[set out particulars]

[signature of defendant

or legal practitioner]

Filed:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This notice was filed:

*by the defendant in person.

*for the defendant by [name of defendant's legal practitioner] of [name of firm], legal practitioner(s) of [business address in Australia including telephone, facsimile and reference numbers. If the legal practitioner is the agent of another legal practitioner, also insert the name of the principal's firm and business address including telephone, facsimile and reference numbers.]

2. The address of the defendant is:

3. The address for service of the defendant is – [If the defendant defends in person, the address in 2. If the defendant defends by a legal practitioner – the address in 1.]

* Delete if inapplicable.

FORM 8B

rule 8.05(2)

NOTICE OF CONDITIONAL DEFENCE

[Heading as in originating process]

TO THE PLAINTIFF

AND TO THE COURT:

The defendant denies, on the grounds set out below, that the Local Court has jurisdiction to hear and determine these proceedings and applies to have the proceedings *stayed/set aside*:

[set out grounds]

[signature of defendant

or legal practitioner]

Filed:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This notice was filed:

*by the defendant in person.

2. The address of the defendant is:

3. The address for service of the defendant is – [If the defendant defends in person, the address in 2. If the defendant defends by a legal practitioner – the address in 1.]

* Delete if inapplicable.

FORM 11A

rule 11.01

APPLICATION FOR ORDER FOR DEFAULT JUDGMENT

[Heading as in originating process]

TO THE COURT

The [identify party] applies for an order for default judgment on the following grounds:

*The defendant failed to file a notice of defence within 28 days after service on the defendant of the statement of claim.

*The respondent failed to file a notice of intention to appear within 28 days after service on the respondent of the originating application between parties.

*The Court made an order on [date] under rule *10.04(1)(b) / *16.08(1)(c) / *17.07(2) / *32.10(e) permitting the [identify party] to proceed as if a notice of defence had not been filed.

*The Court made an order on [date] under rule 28.02 that the notice of defence be struck out.

*The claim is for a *debt of/liquidated demand for* $[amount claimed] and the [identify party] seeks judgment for $[total amount] made up as follows:

[set out details of how amount is made up]

*The [identify party] applies for the assessment of *damages/value of goods*.

[signature of party

or legal practitioner]

Filed:

* Delete if inapplicable.

FORM 13A

rule 13.02(1)

THIRD PARTY NOTICE

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

[FULL NAME] Defendant

and

[FULL NAME] Third Party

TO [NAME OF THIRD PARTY]

OF [ADDRESS]

The plaintiff has brought these proceedings against the defendant for the claim set out in the statement of claim attached.

The defendant disputes the plaintiff's claim on the grounds set out in the notice of defence attached and claims to be entitled to relief against you on the grounds set out in the statement of claim below.

IF YOU INTEND TO DEFEND this claim YOU MUST, NOT LATER THAN 28 DAYS after being served with this notice:

(a) file a notice of defence with a registrar of the Local Court at [venue]; and

(b)

serve a copy on the defendant.

IF YOU DO NOT file and serve a notice of defence, the defendant may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

STATEMENT OF CLAIM

[Set out in separate, consecutively numbered paragraphs all the material facts relied on for the claim against the third party and state precisely the relief claimed]

[signature of defendant

or legal practitioner]

Filed:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

Warning: IF JUDGMENT IS ENTERED AGAINST YOU, THE JUDGMENT DEBT (THE AMOUNT YOU MUST PAY TO THE PLAINTIFF) CARRIES INTEREST FROM THE DATE OF JUDGMENT AT THE RATE FIXED IN ACCORDANCE WITH RULE 59.02 OF THE SUPREME COURT RULES 1987. INFORMATION ABOUT THE JUDGMENT DEBT MAY BE GIVEN TO CREDIT INFORMATION SUPPLIERS.

1. This notice was filed by:

*the defendant in person.

2. The address of the defendant is:

3. The address for service of the defendant is – [If the defendant defends in person, the address in 2. If the defendant defends by a legal practitioner – the address in 1.]

* Delete if inapplicable.

FORM 13B

rule 13.03(1)

NOTICE CLAIMING CONTRIBUTION

[Heading as in originating process]

TO THE DEFENDANT [NAME]

The plaintiff has brought these proceedings against the defendants for [give brief statement of plaintiff's claim].

The defendant [name] claims contribution from you if the plaintiff is successful in the claim against [name] on the grounds set out in the statement of claim below.

IF YOU INTEND TO DEFEND this claim YOU MUST, NOT LATER THAN 28 DAYS after being served with this notice:

(a) file a notice of defence with a registrar of the Local Court at [venue]; and

(b)

serve a copy on the defendant [name].

IF YOU DO NOT file and serve a notice of defence, the defendant may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

STATEMENT OF CLAIM

[Set out in separate, consecutively numbered paragraphs all the material facts relied on for the claim against the defendant and state precisely the relief claimed]

[signature of defendant

or legal practitioner]

Filed:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 13C

rule 13.03(2)

NOTICE CLAIMING CONTRIBUTION FROM TORT-FEASOR UNDER SECTION 12 OF LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1956

[Heading as in originating process]

TO THE DEFENDANT [NAME]

The plaintiff has brought these proceedings against the defendants to recover damages for loss sustained [give brief statement of plaintiff's claim].

If the plaintiff is successful in the claim against the defendant [name], that defendant claims contribution from you under section 12 of the Law Reform (Miscellaneous Provisions) Act 1956 to the extent of the amount found by the Court to be just and equitable having regard to your responsibility for the plaintiff's loss.

[signature of defendant

or legal practitioner]

Filed:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 14A

rule 14.06(1)(b)

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION

[Heading as in originating process]

TO [NAME OF EXECUTION CREDITOR]

OF [ADDRESS]

[Name of claimant] has claimed *the property/certain property* (where only certain goods are claimed, enumerate them) *taken/to be taken* in execution by me as bailiff under the warrant of execution issued in these proceedings.

If, NOT LATER THAN 7 DAYS after being served with this notice, you serve on me a notice stating that you admit the claim, you will not be liable for fees incurred by me after your notice is served.

If you dispute the claim you may, NOT LATER THAN 7 DAYS after being served with this notice, serve a notice in writing on me stating that you dispute the claim.

If you admit part and dispute part of the claim you may, NOT LATER THAN 7 DAYS after being served with this notice, serve on me a notice stating that you admit part of the claim and dispute part of the claim. You must specify in the notice those parts of the claim that are admitted and those disputed.

If you do not serve on me a notice admitting the claim within the time stipulated, or if you dispute any part of the claim, I may apply to the Court for an interpleader order under Part 14 of the Local Court (Civil Jurisdiction) Rules 1989 for the purpose of obtaining a determination of the claimant's rights to the property *taken/to be taken* by me.

My address for service is:

Dated: [e.g. 2 March 1998]

[signed]

Bailiff

* Delete if inapplicable

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 15A

rule 15.09(1)

ORDER APPROVING COMPROMISE OF CLAIM BY INFANT

[Heading as in originating process]

COURT:

DATE MADE:

ORIGINATING PROCESS: [state whether proceedings commenced by application or statement of claim, &c.]

HOW OBTAINED: [state whether made on application with date of application or at hearing with date of commencement of hearing.]

APPEARANCE: [set out appearance or non-appearance of any person entitled to attend and, if attending, whether by legal practitioner.]

MATTERS TAKEN INTO CONSIDERATION:

1. The *plaintiff/defendant* was born on [date].

2. By a compromise entered into on [date] the defendant proposes to pay and the plaintiff wishes to accept $ plus the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceedings.

3. The Court read the following material:

(a)

[identify affidavits by date and name of deponent];

(b)

[identify documents].

4. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

1. The compromise be approved.

[Set out other orders made]

Dated:

BY THE COURT

Registrar/Judge

* Delete if inapplicable.

FORM 15B

rule 15.09(1)

ORDER APPROVING COMPROMISE OF CLAIM BY PERSON UNDER DISABILITY OTHER THAN AN INFANT

[Heading as in originating process]

COURT:

DATE MADE:

ORIGINATING PROCESS: [state whether proceedings commenced by application or statement of claim, &c.]

HOW OBTAINED: [state whether made on application with date of application or at hearing with date of commencement of hearing.]

APPEARANCE: [set out appearance or non-appearance of any person entitled to attend and, if attending, whether by legal practitioner.]

MATTERS TAKEN INTO CONSIDERATION

1. The date of birth of the *plaintiff/defendant* on whose behalf the proceedings are *brought/defended* is [date].

2. The date on which *plaintiff/defendant* became a person under disability is [date].

3. By a compromise entered into on [date] the defendant proposes to pay and the plaintiff wishes to accept $ plus the plaintiff's costs, including the costs of this application, in full settlement of the plaintiff's claim in the proceedings.

4. The Court read the following material:

(a)

[identify affidavits by date and name of deponent];

(b)

[identify documents].

5. The defendant consents to the proposed compromise.

THE COURT ORDERS THAT:

1. The compromise be approved.

[Set out other orders made]

Dated:

BY THE COURT

Registrar/Judge

* Delete if inapplicable.

FORM 16A

rule 16.01(2)

REQUIREMENT FOR AFFIDAVIT VERIFYING LIST OF DOCUMENTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

You are required by the [requesting party] to make an affidavit verifying your list of documents and to serve the affidavit on the [requesting party] not later than 14 days after service of this notice on you.

Dated: [e.g. 2 March 1998]

[signed]

FORM 16B

rule 16.02(1)

LIST OF DOCUMENTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

I, the above-named [identify party], say as follows:

1. I have in my possession, custody or power, the documents enumerated in Part 1 of Schedule 1 relating to the questions in these proceedings.

2. The documents enumerated in Part 2 of Schedule 1 are privileged, and I object to producing them.

The documents are privileged on the following grounds:

(e.g.)

(a)

as to documents numbered 4 – 6, that [grounds of privilege];

(b) as to documents numbered 7 – 9, that [grounds of privilege].)

3. I have had, but no longer have, in my possession, custody or power, the documents enumerated in Schedule 2 relating to the questions in the proceedings.

(e.g.)

(a) Document numbered [no.] was last in my possession, custody or power on [date] and I believe that [state belief as to what has become of it].)

4. To the best of my knowledge, information and belief neither I nor my legal practitioner nor any other person on my behalf has now, or ever had, in my or his or her possession, custody or power, any documents relating to a question in the proceedings other than the documents enumerated in Schedules 1 and 2.

Dated: [e.g. 2 March 1998]

[signed]

[Describe each document in the Schedules as original or copy and number each of them]

SCHEDULE 1

PART 1

DOCUMENTS IN PARTY'S POSSESSION

PART 2

PRIVILEGED DOCUMENTS

SCHEDULE 2

DOCUMENTS NO LONGER IN PARTY'S POSSESSION

FORM 16C

rule 16.04(1)

NOTICE TO PRODUCE DOCUMENTS FOR INSPECTION

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

The [requesting party] requires you to produce, not later than 7 days after service of this notice on you, for inspection the following documents referred to in your [list of documents, statement of claim, notice of defence, affidavit, &c.]:

[describe documents requested].

You are required to arrange with [requesting party] a time and a place where the documents may be inspected.

Dated: [e.g. 2 March 1998]

[signed]

FORM 19A

rule 19.03(1)

ADMISSION OF DEBT

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

I, [name] admit I owe the amount of $ being the total amount contained in the plaintiff's statement of claim and consisting of the amount of $ and costs of $ .

I agree to the entering of judgment in the amount stated.

My address is:

Dated: [e.g. 2 March 1998]

Signed:

FORM 19B

rule 19.04(2)

ADMISSION OF FACTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

I, [party], admit the following facts.

1. [Specify each fact admitted]

Dated: [e.g. 2 March 1998]

[signed]

FORM 19C

rule 19.05(2)

NOTICE TO DISPUTE FACTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

If you do not, within [specify a number of days not less than 14] days after service of this notice on you serve a notice on the [party serving this notice] disputing any fact specified below, that fact will, for the purpose of these proceedings only, be taken to be admitted by you in favour of the [party serving this notice].

If you do serve a notice disputing a fact, and afterwards that fact is proved, you must pay the costs of proof unless the Court orders otherwise.

1. [specify each fact]

Dated: [e.g. 2 March 1998]

[signed]

FORM 19D

rule 19.05(3)

NOTICE DISPUTING FACTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

The [party serving this notice] disputes the following facts specified in the [identify party's] notice dated [e.g. 2 March 1998].

1. [Specify each disputed fact]

Dated: [e.g. 5 March 1998]

[signed]

FORM 19E

rule 19.06(2)

NOTICE TO DISPUTE AUTHENTICITY OF DOCUMENTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

If you do not, within [specify a number of days not less than 14] days after service of this notice on you serve a notice on the [party serving this notice] disputing the authenticity of a document specified below, the authenticity of the document will, for the purpose of these proceedings only, be taken to be admitted by you in favour of the [party serving this notice].

If you do serve a notice disputing the authenticity of a document, and afterwards the authenticity of the document is proved, you must pay the costs of proof unless the Court orders otherwise.

1. [Specify each document]

Dated: [e.g. 2 March 1998]

[signed]

FORM 19F

rule 19.06(3)

NOTICE DISPUTING AUTHENTICITY OF DOCUMENTS

[Heading as in originating process]

TO THE [IDENTIFY PARTY]

The [party serving this notice] disputes the authenticity of the following documents specified in the [identify party's] notice dated [e.g. 2 March 1998].

1. [Specify each disputed document]

Dated: [e.g. 5 March 1998]

[signed]

FORM 20A

rule 20.13(a)

NOTICE OF DEPOSIT

[Heading as in originating process]

TO THE PLAINTIFF

The defendant has paid into the Court $ .

*The sum is in answer to the plaintiff's claim for [specify]. *The sum takes into account the defendant's claim for [specify] on the defendant's counterclaim.

*The sum is in answer to the following claims of the plaintiff [specify] *and after taking into account the defendant's claim for [specify] on the defendant's counterclaim.

*Of the sum:

$ is in answer to the plaintiff's claim for [specify] on which the plaintiff claims $ *and after taking into account the defendant's claim for [specify] on the defendant's counterclaim

and $ is in answer to the claim for [specify] on which the plaintiff claims $ *and after taking into account the defendant's claim for [specify] on the defendant's counterclaim.

Dated: [e.g. 2 March 1998]

[signed]

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 20B

rule 20.14(3)

NOTICE OF WITHDRAWAL OF DEPOSIT

[Heading as in originating process]

TO THE PLAINTIFF

With the leave of the Court granted on [date], the defendant withdraws the deposit of $ paid into the Court by the defendant on [date] relating to the plaintiff's claim of [specify].

Dated: [e.g. 5 March 1998]

[signed]

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 20C

rule 20.15(2)

and (3)(d)

NOTICE OF ACCEPTANCE

[Heading as in originating process]

TO THE DEFENDANT

The plaintiff accepts $ paid into the Court by the defendant [name], in satisfaction of the claims in answer to which it was paid, as against [name of defendant] and *abandons all the plaintiff's other claims as against [name of defendant]/abandons those claims as against the defendants [names of other defendants]*.

Dated: [e.g. 5 March 1998]

[signed]

FORM 20D

rule 20.15(3)(b)

NOTICE CONFIRMING DEPOSIT

[Heading as in originating process]

TO THE PLAINTIFF

The defendant confirms the notice dated [e.g. 2 March 1998] of deposit of $ paid into the Court before the beginning of the hearing of the proceedings.

Dated: [e.g. 5 March 1998]

[signed]

FORM 22A

rule 22.02

AFFIDAVIT OF EVIDENCE OF ASSESSMENT OR REPAIR OF MOTOR VEHICLE

(To be made on oath by car repairer or assessor)

NAME OF DEPONENT: [NAME]

DATE AFFIDAVIT MADE: [date]

I [full name]

of [address]

being [e.g., car repairer, assessor, panel beater, &c.], have *assessed/repaired* vehicle number [registration number] belonging to [owner of car] on [date of assessment].

I have seen the statement of claim and consider the damage consistent with the details of the accident described in the claim.

The following repairs *were completed/are needed* and the amounts specified represent a fair and reasonable charge for that work.

[Itemise repairs and costs]

Made at [place] _________________ on [date] ________________

By [signature of deponent] _________________________________

Witnessed by

Signature ____________________________________________

Justice of the peace / commissioner for oaths

Name _______________________________________________

Address or phone no. ________________________________

* Delete if inapplicable.

FORM 23A

rule 23.03(1)(a)

SUMMONS TO GIVE EVIDENCE

[Heading as in originating process]

TO [NAME]

OF [ADDRESS]

THE COURT ORDERS that you attend for the purpose of giving evidence:

(a)

before the Court;

(b)

at [address of Court];

Issued:

Registrar

Filed by:

NOTE:

1. If you do not comply with this summons you may be arrested.

However, you need not comply with this summons unless you have been provided with a reasonable sum of money for your costs in attending Court.

2. Any question concerning this summons should be addressed not to the Court but to [name of legal practitioner or party].

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 23B

rule 23.04(a)

SUMMONS FOR PRODUCTION OF DOCUMENTS

[Heading as in originating process]

TO [NAME]

OF [ADDRESS]

THE COURT ORDERS that you attend and bring with you this summons and the documents and things described in the Schedule at [address of Court] at [time] on [date] and until you are excused from further attending.

Instead of attending, you may take this summons and the documents and things described in the Schedule to a registrar of the Local Court at [venue] by hand or by post, in either case so that a registrar receives them no later than 2 business days before the date on which you are required to attend.

SCHEDULE

[description of documents and things]

Issued:

Registrar

Filed by:

NOTE:

1. If you do not comply with this summons you may be arrested.

However, you need not comply with this summons unless you have been provided with a reasonable sum of money for your costs in attending Court.

2. Documents and things taken to the Court by you may be returned by post to you at your address shown on this summons. You may request in writing that they be posted to you at another address or you may ask to collect them from the Court.

3. Any question concerning this summons should be directed not to the Court but to [name of legal practitioner or party].

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 23C

rule 23.04(b)

SUMMONS TO CORPORATION FOR PRODUCTION OF DOCUMENTS

[Heading as in originating process]

TO [NAME OF CORPORATION]

OF [ADDRESS]

THE COURT ORDERS that:

1. [Name of corporation], called "the corporation", must produce this summons and the documents and things described in the Schedule by an appropriate officer attending and producing them at [address of Court] at [time] on [date] and until you are excused from further attending.

Instead of attending, the corporation may produce this summons and the documents and things described in the Schedule to a registrar of the Local Court at [venue] by hand or by post, in either case so that a Registrar receives them not later than 2 business days before the date on which the officer is required to attend.

2. The officer who is to attend must make enquiries for the purpose of answering, and on attending must answer, the questions that the Court requires the officer to answer concerning the possession or custody of those documents and things.

SCHEDULE

[description of documents and things]

Issued:

Registrar

Filed by:

NOTE:

1. If you do not comply with this summons an officer of the corporation may be arrested.

However, this summons does not need to be complied with unless you have been provided with a reasonable sum of money for your costs in attending Court.

2. Documents and things taken to Court by the corporation may be returned by post to the corporation at its address shown on this summons. It may request in writing that they be posted to it at another address or it may ask to collect them from the Court.

3. A question concerning this summons should be directed not to the Court but to [name of legal practitioner or party].

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 25A

rule 25.02(a)

APPLICATION

[Heading as in originating process]

TO [IDENTIFY EACH PARTY AND PERSON TO WHOM APPLICATION IS ADDRESSED]

You are ordered to attend before the Court for the hearing of an application by the [identify party] for [describe the order sought].

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Filed:

Registrar

This application is made in pursuance of rule [no.]

This application was filed by:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 29A

rule 29.02

APPLICATION IN SUMMARY PROCEEDINGS FOR RECOVERY OF POSSESSION OF LAND

IN THE LOCAL COURT Claim No.

AT [VENUE]

BETWEEN [FULL NAME] Plaintiff

and

*[FULL NAME] *Defendant

*(The plaintiff does not know

the name of any person in

occupation to make defendant)

*TO THE DEFENDANT AND TO EVERY PERSON IN OCCUPATION OF THE LAND AT [DESCRIPTION OF LAND]

*TO EVERY PERSON IN OCCUPATION OF THE LAND AT [DESCRIPTION OF LAND]

These proceedings have been commenced by the plaintiff for the recovery of land described as follows:

[Describe land so as to be physically identifiable]

You are ordered to attend before the Court for the hearing of the application.

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Filed:

Registrar

NOTE: IF YOU INTEND TO DEFEND THESE PROCEEDINGS YOU MUST, NOT LATER THAN 7 DAYS AFTER BEING SERVED WITH THIS APPLICATION:

(a) file an affidavit, stating particulars of your defence and a summary of the facts on which you rely, with a registrar of the Local Court at [venue];

(b)

serve a copy on the plaintiff; and

IF YOU DO NOT file and serve an affidavit stating your defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU without further notice.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This application was filed:

*by the plaintiff in person.

2. The address of the plaintiff is:

3. The address for service of the plaintiff is – [If the plaintiff sues in person, the address in 2. If the plaintiff sues by a legal practitioner – the address in 1.]

*4. The address of the defendant is:

* Delete if inapplicable.

FORM 29B

Rule 29.08

JUDGMENT IN SUMMARY PROCEEDINGS FOR RECOVERY OF LAND

[Heading as in originating process]

DATE GIVEN:

HOW OBTAINED:

APPEARANCE: [set out appearance or non-appearance of any person entitled to attend and, if attending, whether by legal practitioner.]

THE JUDGMENT OF THE COURT IS THAT:

1. The plaintiff recover possession of the land described as [description of land so as to be physically identifiable].

*2. The defendant pay *the plaintiff $ costs/the plaintiff's costs to be assessed*.

[other orders]

Dated:

BY THE COURT

Registrar/Judge

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 29C

rule 29.09(3)

WARRANT OF POSSESSION IN SUMMARY PROCEEDINGS FOR RECOVERY OF LAND

[Heading as in originating process]

TO THE BAILIFF

In respect of the judgment dated [e.g. 2 March 1998] by which it was ordered that the plaintiff recover possession of the land described in the Schedule (where there is a defendant: and that the defendant pay the plaintiff $ costs or the plaintiff's costs, which have been taxed at $ ).

(The following is applicable where there is no defendant.)

YOU ARE AUTHORISED to enforce the order by entering on the land and causing [party in whose favour order made] to have possession of it.

(The following is applicable where is a defendant.)

YOU ARE AUTHORISED to enforce the order by entering on the land and causing [party in whose favour order made] to have possession of it and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the order. (Continue as in Form 46A.)

SCHEDULE

[Describe land as in judgment]

Issued:

BY THE COURT

Registrar

Issued at the request of the plaintiff.

(Where there is a defendant) The last known address of the defendant (continue as in Form 44A).

FORM 30A

rule 30.03(1)

TENANCY APPLICATION

Local Court Claim No.

at [venue]

Between the ...........................…………… name

applicant ...........................…………… address for

...........................…………… service

and

RESPONDENT .........................……………. name

..........................…………… address

..........................……………

TO THE COURT

The applicant applies to the Court under [identify section and name of Act under which application is made]

The applicant applies for the following order or orders:

[brief statement of orders applied for]

The facts, matters and circumstances supporting this application are:

[sufficient particulars to support the application]

[signature of applicant, agent

or legal practitioner]

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Filed:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 31A

rule 31.07(a)

IRREVOCABLE GUARANTEE BY ADI

[Heading as in originating process]

TO THE COURT

The [name of ADI (e.g. bank, credit union)] of [address] undertakes to be responsible for the payment into the Court of $ , being security to be given by the plaintiff for the defendant's costs as ordered by the Court on [date].

The ADI guarantees that it will pay $ into the Court if ordered by the Court to do so.

The ADI acknowledges that this undertaking may be amended or revoked only with the leave of the Court or discharged by payment of $ into the Court.

Dated: [e.g. 2 March 1998]

*[sealed by the ADI

*signed by an officer of the

ADI authorised in writing]

* Delete if inapplicable.

FORM 31B

rule 31.08(2)(b)

NOTICE OF DISCHARGE AND PAYMENT INTO COURT

[Heading as in originating process]

The [name of ADI (e.g. name of bank, credit union)] of [address], which guaranteed the payment of $ into the Court on behalf of the plaintiff in these proceedings, discharges the guarantee and pays into the Court the total sum of money guaranteed.

Dated: [e.g. 5 March 1998]

[*sealed by the ADI

*signed by an officer of the

ADI authorised in writing]

* Delete if inapplicable.

FORM 32A

rules 7.12(1) and 32.01(1)

NOTICE OF CONCILIATION CONFERENCE

[Heading as in originating process]

A conciliation conference has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

All parties must attend the conciliation conference.

Attendance at the conference on behalf of the Territory must be by an employee (as defined in the Public Sector Employment and Management Act 1993) of the Agency for which the Territory is conducting the proceedings who is authorised in writing by the Chief Executive Officer of that Agency to attend the conference and to settle the matter if possible.

A person attending the conference may be accompanied by a legal representative.

If a plaintiff or applicant fails to attend, the Court may strike out the claim or originating application. If a defendant fails to attend, the Court may give the plaintiff leave to proceed as if a notice of defence had not been filed or may make other orders it considers appropriate. If a respondent fails to attend, the Court may make the orders it considers appropriate. A party who is unable to attend should contact a registrar of the Local Court. A registrar may give you leave to attend by teleconferencing. The Court may dispense with the requirement of attendance in person (either physically or by teleconferencing) in special circumstances.

Dated:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 32B

rule 32.04(5)

SCHEDULING ORDER

[Heading as in originating process]

At a conciliation conference held at the Court at [place] at [time] on [date]:

(a)

the following persons attended:

[list parties or representatives]

(b)

the following details were given by the parties:

[list details, in relation to each party, of matters referred to in rule 32.04]

(c)

the following undertakings were given:

[list each undertaking and name of party or party's legal practitioner giving undertaking]

(d)

the Court gave the following directions:

[list directions given]

Dated:

Registrar

FORM 32C

rule 32.05

CASE MANAGEMENT STATEMENT

[Heading as in originating process]

(comments to be as brief as possible)

		Plaintiff(s) [Comments]	Defendant(s) [Comments]
1.	The parties certify that these proceedings are ready for hearing (Yes/No)
2.	All pleadings have been completed and delivered and pleadings are closed (Yes/No)
3.	All particulars requested have been furnished (Yes/No)
4.	Discovery of documents has been given by the parties (Yes/No)
5.	Inspection of documents has taken place (Yes/No)
6.	All necessary medical examinations have taken place (Yes/No)
7.	The parties require further medical examinations prior to the hearing (Yes/No)
8.	All reports and statements have been served (Yes/No)
9.	Where counsel is required, counsel has been briefed (Yes/No)
10.	Counsel's advice on evidence has been obtained (Yes/No)
11.	All witnesses should be available at the hearing (Yes/No)
12.	The length of hearing is estimated at
13.	(a) Offers of settlement made under Part 20 (Yes/No)
	(b) The prospects of settlement are:
14.	Details of witnesses:
	(a) Within the jurisdiction
	(i) The number of experts:
	(ii) The number of non-experts:
	(b) Outside the jurisdiction
	(i) The number of experts:
	(ii) The number of non-experts:
15.	The directions required are:
	(a) For the plaintiff:
	(b) For the defendant:
16.	Other relevant facts regarding the fixing of a hearing date are:
	(a) For the plaintiff:
	(b) For the defendant:
17.	The shortest notice on which each party would be ready to commence the hearing is:
18.	The issues to be determined at the hearing are:

Dated: [e.g. 2 March 1998]

...........................……….. ……................................

Legal practitioner for the Legal practitioner for the

plaintiff(s) defendant(s)

FORM 34A

rule 34.04(b)

NOTICE OF ASSESSMENT OF DAMAGES OR VALUE OF GOODS

[Heading as in originating process]

An assessment of *damages/value of goods* has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

All parties may attend the assessment in person or by a legal representative. A person attending the assessment may be accompanied by a legal representative.

Not less than 7 days before the date fixed for the assessment, the party for whom the assessment is to be made must file and serve an affidavit on the other party stating the amount claimed and the facts and calculations on which the amount is based.

The attendance of witnesses and production of documents for the purposes of the assessment may be ordered by summons in accordance with Part 23 of the Local Court Rules 1998.

Dated:

Registrar

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 35A

rule 35.03(1)(a)

ORDER

[Heading as in originating process]

COURT:

DATE MADE:

ORIGINATING PROCESS: [state whether proceedings commenced by application or statement of claim, &c.]

HOW OBTAINED: [state whether made on application with date of application or at hearing with date of commencement of hearing.]

APPEARANCE: [set out appearance or non-appearance of any person entitled to attend and, if attending, whether by legal practitioner.]

OTHER MATTERS: [state any finding of jurisdictional fact, undertaking of party or other matter as directed by Court.]

THE COURT ORDERS THAT:

1. [terms of order]

Dated:

BY THE COURT

Registrar/Judge

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 35B

rule 35.06(2)(a)

NOTICE OF CONSENT

[Heading as in originating process]

TO THE COURT

The *plaintiff/defendant* consents to the Court making an order that:

1. [terms of order]

Dated: [e.g. 2 March 1998]

[signed]

* Delete if inapplicable.

FORM 35C

rule 35.09(1)

APPLICATION FOR REGISTRATION OF ORDER

TO THE COURT

The [identify applicant] applies to the Court for the registration of the attached order made by [identify person, court, tribunal or statutory body] on [date] under [specify section and name of Act].

Dated: [e.g. 2 March 2005]

[signed]

NOTE:

You must attach a copy of the order to be registered.

FORM 35D

rule 35.10(3)

NOTICE OF REGISTRATION OF ORDER

COURT:

DATE:

THE COURT GIVES NOTICE THAT AN ORDER HAS BEEN REGISTERED IN THIS COURT AND MAY BE ENFORCED AS IF MADE BY THIS COURT.

THE ORDER WAS MADE BY:

THE ORDER WAS DIRECTED TO:

THE ORDER WAS MADE UNDER: [section and name of Act]

THE ORDER WAS REGISTERED ON: [date]

THE TERMS OF THE ORDER ARE:

1. [terms of order]

Dated:

BY THE COURT

Registrar

FORM 36A

rule 36.01(1)

APPLICATION FOR ORDER TO BE SET ASIDE AND RE-HEARING

[Heading as in originating process]

TO THE COURT

AND TO [NAMES AND ADDRESSES OF OTHER PARTIES TO PROCEEDINGS]

The [identify party] applies to the Court for an order that the order made by the Court on [date] be set aside and the proceedings be re-heard as soon as possible.

*On [e.g. 2 March 1998] the Court made an order for default judgment against me for [set out terms of order].

I did not file a notice of defence in the above proceedings for the reasons stated in the affidavit filed with this application. The affidavit also states my intention to defend the claim and the particulars of my defence.

(or)

*I did not appear at the Court in the above proceedings on [e.g. 2 March 1998]. In my absence, the Court made an order against me for [set out terms of order]. I did not appear in the proceedings for the reasons stated in the affidavit filed with this application.

(or)

*On [date] I consented to the following order being made:

[set out terms of order].

I consented to the order for the reasons stated in the affidavit filed with this application.

My address for service is:

[signed]

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Filed:

Registrar

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 37A

rule 37.04(2)(a)

NOTICE OF APPEAL

IN THE LOCAL COURT Claim No.

AT [VENUE]

In the matter of an appeal under

[section and name of the Act

under which the appeal is made]

BETWEEN [FULL NAME] Appellant

and

[FULL NAME] Respondent

TO THE *RESPONDENT/FIRST RESPONDENT*

*AND TO THE SECOND RESPONDENT

The appellant appeals against the following decision:

[set out briefly the substance of the order or decision appealed against].

The date of order or decision: [specify date on which order or decision made]

Grounds of appeal: [set out specifically and concisely the grounds of appeal]

IF YOU INTEND TO DEFEND this appeal YOU MUST, NOT LATER THAN 7 DAYS after being served with this notice:

(a) file a notice of appearance in accordance with Form 37B with a registrar of the Local Court at [venue]; and

(b)

serve a copy on the appellant.

IF YOU DO NOT file and serve a notice of appearance, the Court may make the orders it considers appropriate.

[signed by appellant]

A prehearing conference has been listed to take place at the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

All parties must attend the prehearing conference. A party may attend:

(a)

in person;

(b)

by an agent authorised in writing by the party; or

With the leave of the Court, a party may attend:

(a) in the case of a corporation – by an officer or employee of the corporation;

(b) in the case of a firm – by a partner or employee of the firm; or

(c)

by some other person.

A person attending a conference may be accompanied by a legal representative.

If an appellant fails to attend, the Court may dismiss the appeal or make the orders it considers appropriate. If a respondent fails to attend, the Court may hear the appeal if satisfied that this notice was properly served on the respondent. A party who is unable to attend should contact a registrar of the Local Court. A registrar may give you leave to attend by teleconferencing.

Filed:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This notice of appeal was filed:

*by the appellant in person.

*for the appellant by [name of appellant's legal practitioner] of [name of firm], legal practitioner(s), of [business address in Australia including telephone, facsimile and reference numbers. If the legal practitioner is the agent of another legal practitioner, also insert the name of the principal's firm and business address including telephone, facsimile and reference numbers.]

2. The address of the appellant is:

3. The address for service of the appellant is – [If the appellant sues in person, the address in 2. If the appellant sues by a legal practitioner – the address in 1.]

4. The address of the respondent is:

* Delete if inapplicable.

FORM 37B

rule 37.05

NOTICE OF APPEARANCE

[Heading as in Form 37A]

TO THE APPELLANT

*[Name of respondent], the *respondent/*first respondent/second respondent*, of [address], appears in this appeal.

The address for service of the respondent named above is – [address for service]

Dated: [e.g. 5 March 1998]

[signed]

* Delete if inapplicable

FORM 38A

rule 38.12(1)(a)

SUMMONS FOR TAXATION OF COSTS

[Heading as in originating process]

TO [IDENTIFY EACH PARTY OR OTHER PERSON TO WHOM SUMMONS IS ADDRESSED AND STATE ADDRESS OF EACH PERSON NOT A PARTY.]

You are summoned to attend before the taxing officer at [address of Court] at a.m./p.m. on for the hearing of an application by [identify party] for the costs that are payable to that party by [identify party liable for costs] under [identify the judgment, etc., by which payable] to be taxed in accordance with the bill of costs served with this summons.

Issued:

Registrar

This summons was filed by:

NOTE: Whether or not you attend on the day for hearing referred to above, the costs claimed in the bill may be allowed unless, not later than 7 days before the date fixed for taxation, you file and serve on the [identify party] a notice in accordance with Form 38B identifying by list each item in the bill to which you object and stating specifically and concisely the grounds of objection to each item. Failure to file that notice amounts to an admission of the items in the bill.

FORM 38B

rule 38.13(1)

NOTICE OF OBJECTION TO BILL OF COSTS

[Heading as in originating process]

TO [identify party]

The [objecting party] objects to the items in your bill of costs specified below for the reasons specified in relation to each item.

[list items objected to and state specifically and concisely the grounds of objection to each item]

Filed:

This notice was filed by:

FORM 43A

rule 43.01(2)

APPLICATION FOR ISSUE OF WARRANT OF EXECUTION

[Heading as in originating process]

TO THE COURT

[Party in whose favour order made], applies for a warrant of [type of warrant] to be issued in respect of the order dated [e.g. 27 October 1997] against [party against whom order made] of [party's last-known address] for the payment of *$ together with costs of $ /costs of $ *.

The applicant nominates [NAME OF LICENSED PRIVATE BAILIFF] of [bailiff's address] as the private bailiff who is to execute the warrant applied for.

The money owing on the date of this application in respect of the order is as follows:

Total amount owing, excluding interest

Total interest accrued on the above amount

Practitioner's costs of this application

Filing fee for this application

Bailiff's fees for executing warrant to be issued

________

TOTAL

________

PARTICULARS OF HOW INTEREST CALCULATED

[enter particulars]

The daily rate of interest now accruing is $[daily rate]

PARTICULARS OF AMOUNTS RECEIVED

[list dates and amounts paid on account or recovered under previous warrant]

Dated: [e.g. 2 March 1998]

[signed]

FORM 44A

rule 44.02(2)

WARRANT OF SEIZURE AND SALE

[Heading as in originating process]

TO THE BAILIFF

On [e.g. 27 October 1997], the Local Court ordered:

*[name of judgment debtor], the judgment debtor, to pay $ to [name of judgment creditor], the judgment creditor, together with costs of $ .

*[name of judgment debtor], the judgment debtor, to pay costs of $ to [name of judgment creditor], the judgment creditor.

YOU ARE AUTHORISED to enforce the order by seizing and selling property of the judgment debtor sufficient to pay the money owing to the judgment creditor in respect of the order and for that purpose YOU ARE AUTHORISED to enter and remain on premises (whether land or a building) you believe on reasonable grounds to be owned or occupied by the judgment debtor.

*The property of the judgment debtor includes land described as follows:

[description of land]

The amount of $ is now payable by the judgment debtor to the judgment creditor, made up as follows:

*1. $ , being $ exclusive of costs and $ for costs;

*1. $ for costs;

*2. $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount owing, exclusive of costs] from the date of the order;

3. $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of costs] from [applicable date];

4. $ , being the practitioner's costs and filing fee in respect of the issue of this warrant;

5. $ , being the bailiff's fee for executing this warrant.

The daily rate of interest now accruing on the amount owing is $[daily rate]. (if applicable)

From the proceeds raised by the sale of the judgment debtor's property you must pay into the Local Court all the money owing in respect of the order unless you are a private bailiff to whom section 33(1) of the Commercial and Private Agents Licensing Act 1979 applies, in which case you may retain the amount specified in this warrant as the bailiff's fee for executing the warrant.

Immediately after you have performed all your obligations under this warrant you must endorse on the warrant a statement of the date, time and place you executed the warrant and the results of the execution, including how the proceeds of the sale are to be distributed.

If you attempt to execute under this warrant but are unable to do so, you must endorse on the warrant a statement of the dates, times, places and results of those attempts.

Issued:

BY THE COURT

Registrar

Issued at the request of the judgment creditor.

The last-known address of the judgment debtor is [address].

(Add the following if address is different.) The address of the place where it is believed that property of the judgment debtor may be found is [address].

* Delete if inapplicable and re-number as required;

FORM 44B

rule 44.06(1)

NOTICE REQUIRING SAFEKEEPING OF SEIZED PROPERTY

[Heading as in originating process]

TO [NAME OF JUDGMENT DEBTOR OR NAME OF PERSON WHO HAS CUSTODY OF PERSONAL PROPERTY OF JUDGMENT DEBTOR]

OF [ADDRESS]

On [date], the Local Court ordered [name of judgment debtor], the judgment debtor, to pay $ to [name of judgment creditor], the judgment creditor.

A warrant of [type of warrant] issued by the Local Court on [e.g. 2 March 1998] authorises me to seize and sell property of the judgment debtor sufficient to pay the money owing to the judgment creditor. The warrant also authorises me to claim from the proceeds of the sale an amount for my fees for executing the warrant, being $ .

Until the sale of the judgment debtor's property seized under the warrant, you are responsible for the safekeeping of the seized property in your custody. You must not interfere with, dispose of or remove any of the seized property without my consent.

Dated: [e.g. 5 March 1998]

[signed]

Bailiff

[bailiff's address]

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 45A

rule 45.01(2)

WARRANT OF DELIVERY

[Heading as in originating process]

TO THE BAILIFF

(The following is applicable where order is for delivery of goods only, with or without an award of damages for their detention.)

On [e.g. 27 October 1997] the Local Court ordered that [party against whom order made] deliver the goods described in the Schedule to [party in whose favour order made] and pay (add following if applicable) [$ damages for their detention and] costs of $ .

YOU ARE AUTHORISED to enforce the order by causing the goods described in the Schedule to be delivered to [party in whose favour order made] and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the order.

The amount of $ is now payable by [party against whom order made] to [party in whose favour order made], made up as follows:

*1. $ for damages, being $ exclusive of costs and $ for costs;

*1. $ for costs;

*2. $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of damages exclusive of costs] from the date of the order; (if applicable)

3. $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of costs] from [applicable date];

4. $ , being the practitioner's costs and filing fee in respect of the issue of this warrant;

5. $ , being the bailiff's fee for executing this warrant.

(The following is applicable where order is for delivery of goods OR payment of their assessed value, with or without an award of damages for their detention.)

On [e.g. 27 October 1997] the Local Court ordered that [party against whom order made] deliver the goods described in the Schedule to [party in whose favour order made] or pay $ , their assessed value, (include following if applicable) [and $ damages for their detention] and costs of $ .

YOU ARE AUTHORISED to enforce the order by causing the goods to be delivered to [party in whose favour order made] and by seizing and selling property of [party against whom order made] sufficient to pay the money owing to [party in whose favour order made] in respect of the order.

The amount of $ is now payable by [party against whom order made] to [party in whose favour order made], made up as follows:

*1. if you cannot cause the goods to be delivered, $[assessed value of the goods], being the assessed value of the goods;

(continue list by including relevant items from 1. to 5. above and re-numbering as required)

(the following is applicable in all warrants of delivery)

The daily rate of interest now accruing on the amount owing is $[daily rate]. (if applicable)

From the proceeds (continue as in Form 44A)

Immediately after (continue as in Form 44A)

If you attempt (continue as in Form 44A)

SCHEDULE

[Describe goods as in order]

Issued:

BY THE COURT

Registrar

Issued at the request of [party in whose favour order made]

The last-known address of [party against whom order made] is [address].

(Add following if address is different.) The address of the place where it is believed that property of [party against whom order made] may be found is [address].

* Delete if inapplicable.

FORM 46A

rule 46.01(2)

WARRANT OF POSSESSION

[Heading as in originating process]

TO THE BAILIFF

On [e.g. 27 October 1997] the Local Court ordered that [party in whose favour order made] recover possession of the land described in the Schedule and that [party against whom order made] pay [party in whose favour order made] (add following if applicable) [$ for damages and] costs of $ .

The amount of $ is now payable by [party against whom order made] to [party in whose favour order made], made up as follows:

*1. $ for damages, being $ exclusive of costs and $ for costs;

*1. $ for costs;

*2. $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of damages exclusive of costs] from the date of the order;

3. $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of costs] from [applicable date];

4. $ , being the practitioner's costs and filing fee in respect of the issue of this warrant;

5. $ , being the bailiff's fee for executing this warrant.

The daily rate of interest now accruing on the amount owing is $[daily rate]. (if applicable)

From the proceeds (continue as in Form 44A)

Immediately after (continue as in Form 44A)

If you attempt (continue as in Form 44A)

SCHEDULE

[describe land as in order]

Issued:

BY THE COURT

Registrar

Issued at (continue as in Form 45A)

FORM 47A

rule 47.01(1)(a)

APPLICATION FOR ISSUE OF EXAMINATION SUMMONS

[Heading as in originating process]

[Judgment creditor's name], the judgment creditor, of [address], applies for the issue of an examination summons against [judgment debtor's name], the judgment debtor, of [address].

On [e.g. 27 October 1997] it was ordered that the judgment debtor pay the judgment creditor the amount of *$ together with costs/costs of $ *. The judgment debtor has defaulted in the payment of the judgment debt.

The money owing on the date of this application in respect of the order is as follows:

Total amount owing, excluding interest

Total interest accrued on the above amount

Practitioner's costs of this application

Filing fee for this application

Fee for service of examination summons

________

TOTAL

________

The daily rate of interest now accruing is $[daily rate]

* The judgment creditor requests that the judgment debtor be examined about the following matters in particular:

[enter details of property or financial matters]

Dated: [e.g. 2 March 1998]

[signed]

* Delete if inapplicable.

FORM 47B

rule 47.01(1)(b)

SUMMONS TO ATTEND FOR ORAL EXAMINATION

[Heading as in originating process]

TO [NAME OF JUDGMENT DEBTOR]

*You are/An officer of the corporation is* summoned to attend before the Court to be orally examined as to your financial circumstances generally and your means and ability to satisfy the order made against you on [e.g. 27 October 1997] in favour of [name of judgment creditor] for *$ together with costs/costs of $ *.

*You are/The officer is* required to produce to the Court at the examination the following documents:

[description of documents].

*You/The officer* must attend at the Court at [address of Court] for the hearing of the application at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Issued:

BY THE COURT

Registrar

AMOUNTS NOW OWING

Total amount owing, excluding interest

Total interest accrued on the above amount

Practitioner's costs of this application

Filing fee for this application

Fee for service of examination summons

________

TOTAL

________

The daily rate of interest now accruing is $[daily rate].

NOTE: If you do not attend at the Court as directed by this summons, the Court may issue a warrant for *your arrest/the arrest of an officer of the corporation*.

NOTE TO JUDGMENT DEBTOR: If you do not attend at the Court as directed by this summons, the Court may issue a warrant for *your arrest/the arrest of an officer of the corporation*. If the Court is required to postpone its business on the date fixed for the hearing of this application, the Court will hear the application on the date it next sits at the address stated above and you must contact a registrar of the Local Court nearest to you for the new date fixed for the hearing.

NOTE TO JUDGMENT CREDITOR: If the Court is required to postpone its business on the date fixed for the hearing of this application, you may contact a registrar of the Local Court nearest to you for the new date fixed for the hearing. You are not required to serve another summons on the judgment debtor.

* Delete if inapplicable.

Do not ignore this summons. If you do not understand it or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 47C

rules 47.03(b)(i),

48.04(4)(c) and 50.01(4)

JUDGMENT DEBTOR'S DECLARATION OF FINANCIAL CIRCUMSTANCES

(where judgment debtor is not a corporation)

[Heading as in originating process]

TO [NAME OF JUDGMENT DEBTOR]

OF [ADDRESS]

You are required to complete this form by giving the information requested below. The completed form signed by you must be returned to the Court and a copy sent to [name of judgment creditor] at [address for service] not later than 7 days before the date of the oral examination to which you have been summoned by the Court.

[signed]

DECLARATION

I ,

(full name) (occupation)

(full residential address)

do solemnly and sincerely declare that the following information and annexures (if any) are true and correct.

This declaration is true and I know it is an offence to make a declaration knowing it is false in a material particular.

Declared by

[Signature of person making declaration]

at [place] on [date]

NOTE: Making a declaration knowing it is false in a material particular is an offence for which you may be fined or imprisoned.

This document does not have to be witnessed.

FINANCIAL INFORMATION

1. AMOUNT AND SOURCE OF WEEKLY INCOME

Occupation

(a)

If working for an employer:

Name and address of employer:

Gross wage:

Current overtime (if any):

Car and other allowances and commission:

(b)

If self-employed or in partnership:

Average pre-tax earnings for last 12 months:

(c)

If unemployed:

Length of last employment:

Date when last employment ceased:

Gross weekly amount:

Pension or other benefit received:

Worker's compensation received:

Maintenance received:

Superannuation received:

Board or rent received:

Miscellaneous income:

Average weekly interest on deposits with ADIs (e.g. banks, credit unions or building societies), debentures etc.:

Average weekly dividend on shares:

Other income (give particulars):

TOTAL GROSS WEEKLY INCOME: $

2. PROPERTY AND ASSETS

Land, including vacant land:

For each piece of land:

Market value:

Amount of mortgage:

Net value:

Motor vehicle:

For each motor vehicle:

Year, make and model:

Amount owing to finance company:

Net value:

Deposit in ADIs (e.g. banks, credit unions, building societies etc.):

Other investments including shares,

debentures, bonds:

Money owing to you:

From , $

Total:

Value of interest in partnership or business:

Furniture, household and personal goods:

Market value:

Amount owing to finance company:

Net value:

Life insurance policies:

Give particulars and state surrender

value of each policy:

Other assets (give particulars):

TOTAL PROPERTY AND ASSETS: $

3. WEEKLY DEBTS, LIABILITIES & OTHER FINANCIAL OBLIGATIONS

Income tax:

Superannuation:

Housing (mortgage, rent,

board, hospital or institution):

Local government rates:

Water and sewerage rates:

Land tax:

Child care expenses incurred for the

purpose of earning income:

Maintenance actually paid:

Instalment payments such as household

goods or tools of trade:

To , $

Total:

Electricity and gas:

Food:

Other general household expenses:

Motor vehicle expenses (registration,

insurance, maintenance, fuel):

Fares:

Telephone:

Insurance policy premiums:

School fees and other school expenses:

Clothing and shoes:

Medical and chemist expenses:

Entertainment:

Payments on court orders and fines:

Other expenses (give particulars):

Total:

Other debts outstanding

Give particulars of debts under

hire purchase, leasing credit

card or other credit contracts,

department store accounts,

guarantee or personal loan:

$ , to , due on

Total:

TOTAL DEBTS, &c.: $

4. Identify each asset referred to in paragraph 2 that is owned jointly, and give the name of the other owner or owners:

5. Identify each debt referred to in paragraph 3 that is due jointly, and give the name of the other debtor or debtors:

6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 47D

rules 47.03(b)(ii)

and 50.01(4)

JUDGMENT DEBTOR'S DECLARATION OF FINANCIAL CIRCUMSTANCES

(where the judgment debtor is a corporation)

[Heading as in originating process]

TO [NAME OF JUDGMENT DEBTOR]

OF [ADDRESS]

The appropriate officer of [name of judgment debtor], authorised by [name of judgment debtor], is required to complete this form by giving the information requested below. The completed form signed by the appropriate officer must be returned to the Court and a copy sent to [name of judgment creditor] at [address for service] not later than 7 days before the date of the oral examination to which you have been summoned by the Court.

[signed]

DECLARATION

(full name)

the

(state office held e.g. director, secretary)

of [name of judgment debtor],

being authorised by the judgment debtor to act on its behalf in making this declaration, do solemnly and sincerely declare that the following information and annexures (if any) are true and correct.

This declaration is true and I know it is an offence to make a declaration knowing it is false in a material particular.

Declared by

[Signature of person making declaration]

at [place] on [date]

NOTE: Making a declaration knowing it is false in a material particular is an offence for which you may be fined or imprisoned.

This document does not have to be witnessed.

FINANCIAL INFORMATION

1. AMOUNT AND SOURCE OF WEEKLY RECEIPTS

Average weekly trading income:

Average weekly interest on deposits with ADIs (e.g. banks, credit unions or building societies), debentures etc.:

Average weekly dividend on shares:

Other receipts(give particulars):

Total:

TOTAL GROSS WEEKLY RECEIPTS: $

2. PROPERTY AND ASSETS

Land, including vacant land:

For each piece of land:

Market value:

Amount of mortgage:

Net value:

Motor vehicle:

For each motor vehicle:

Year, make and model:

Market value:

Plant and equipment, including furniture:

Market value:

Stock:

Deposit in ADIs (e.g. banks, credit unions, building societies etc.):

Other investments including shares,

debentures, bonds:

Money owing to you by creditors:

From , $

Total:

Other assets (give particulars):

TOTAL PROPERTY AND ASSETS: $

3. WEEKLY DEBTS, LIABILITIES & OTHER FINANCIAL OBLIGATIONS

Tax:

Superannuation:

Mortgage or rent:

Local government rates:

Water and sewerage rates:

Land tax:

Electricity and gas:

Motor vehicle expenses (registration,

insurance, maintenance, fuel):

Telephone:

Insurance policy premiums:

Other expenses (give particulars):

Total:

Other debts outstanding:

Give particulars of debts under

hire purchase, leasing credit

card or other credit contracts,

guarantee or personal loan:

$ , to , due on

TOTAL DEBTS, &c.: $

4. Identify each asset referred to in paragraph 2 that is owned jointly, and give the name of the other owner or owners:

5. Identify each debt referred to in paragraph 3 that is due jointly, and give the name of the other debtor or debtors:

6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 47E

rule 47.09(2)

APPLICATION FOR ISSUE OF WARRANT FOR ARREST OF JUDGMENT DEBTOR

[Heading as in originating process]

[Judgment creditor's name], the judgment creditor, of [address], pursuant to an order dated [e.g. 19 January 1998], applies for the issue of a warrant for the arrest of [judgment debtor's name], the judgment debtor, of [address], who failed to attend before the Local Court at the time and place appointed by the summons issued on [e.g. 18 December 1997] to be examined concerning the judgment debtor's financial circumstances.

On [e.g. 27 October 1997] it was ordered that the judgment debtor pay the judgment creditor the sum of $ , including costs.

The money owing on the date of this application in respect of the order is as follows:

Total amount owing, excluding interest

Total interest accrued on the above amount

Practitioner's costs of this application

Filing fee for this application

________

TOTAL

________

PARTICULARS OF HOW INTEREST CALCULATED

[enter particulars]

The daily rate of interest now accruing is $[daily rate]

PARTICULARS OF AMOUNTS RECEIVED

[list dates and amounts paid on account

or recovered under previous warrant]

Dated: [e.g. 5 March 1998]

[signed]

FORM 47F

rule 47.09(2)

WARRANT FOR ARREST OF JUDGMENT DEBTOR ON DISOBEDIENCE TO SUMMONS

[Heading as in originating process]

TO *THE BAILIFF *ALL MEMBERS OF THE POLICE FORCE OF THE NORTHERN TERRITORY.

[Name of judgment debtor], a judgment debtor, of [address] has failed to attend before the Local Court at the time and place appointed by the summons issued on [e.g. 18 December 1997] to be examined concerning the judgment debtor's financial circumstances.

I authorise you to enter and search by day or by night any dwelling-house, ship or place where [name of judgment debtor] is suspected to be, using all necessary force for that purpose and if necessary breaking any outer door or window, and to apprehend the judgment debtor and to bring the judgment debtor before the Court.

Issued:

BY THE COURT

Registrar

* Delete if inapplicable.

FORM 48A

rule 48.04(1)(a)

ATTACHMENT OF EARNINGS SUMMONS

[Heading as in originating process]

TO [NAME OF JUDGMENT DEBTOR]

OF [ADDRESS]

You are summoned to attend before the Court for the hearing of an application by the judgment creditor, [name of judgment creditor], for an order that some of your earnings be paid to satisfy a judgment debt.

On [e.g. 27 October 1997] the Court made an order against you for the payment of money to the judgment creditor.

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Issued:

Registrar

Do not ignore this summons. If you do not understand this summons or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 48B

rule 48.04(1)(b)

AFFIDAVIT IN SUPPORT OF ATTACHMENT OF EARNINGS SUMMONS

[Heading as in originating process]

NAME OF DEPONENT:

DATE AFFIDAVIT MADE:

I, [name of judgment creditor] of [address], the judgment creditor in these proceedings, make oath and say that:

*1. On [e.g. 27 October 1997], the Local Court ordered [name of judgment debtor], the judgment debtor, to pay $ to me together with costs of $ .

*1. On [e.g. 27 October 1997], the Local Court ordered [name of judgment debtor], the judgment debtor, to pay me costs of $ .

2. In respect of that order, $ is now owing, made up as follows:

*(a) $ , being $ exclusive of costs and $ for costs;

*(a) $ for costs;

*(b) $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount owing, exclusive of costs] from the date of the order;

(c) $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on $[amount of costs] from [applicable date];

(d) $ , being the practitioner's costs and filing fee in respect of the issue of the attachment of earnings summons;

(e) $ , being the fee for service of the attachment of earnings summons.

*3. The daily rate of interest now accruing on the amount owing is $[daily rate].

4. The judgment debtor is employed by [name of employer] of [address] as a [occupation].

Made at [place] on [date] ________________

By [signature of deponent]

Witnessed by

Signature

Justice of the peace / commissioner for oaths

Name

Address or phone no.

* Delete if inapplicable and re-number as required.

FORM 48C

rule 48.06(1)

ATTACHMENT OF EARNINGS ORDER

[Heading as in originating process]

THE COURT FINDS THAT:

1. On [date] the Local Court ordered [name of judgment debtor], the judgment debtor, to pay to [name of judgment creditor], the judgment creditor, *$ together with costs/costs of $ *.

2. The judgment debtor has failed to comply with the order and $ is now owing in respect of the judgment debt.

3. The judgment debtor was served with a copy of the attachment of earnings summons and *attended/had a reasonable opportunity of attending* the hearing referred to in the summons.

4. The judgment debtor is employed by [name of employer] at [address] in the Northern Territory as a [occupation] and is a person to whom earnings are payable or are likely to become payable by that employer.

THE COURT ORDERS THAT:

1. [Name of employer] must, for the purpose of securing payment of the judgment debt of $ , while [name of judgment debtor] is employed by that employer, or until this order ceases to have effect, make deductions out of the net earnings of [name of judgment debtor] and payments to [name of judgment creditor] of [address] in accordance with this order.

2. The protected earnings are *$ / % of the net earnings* in respect of each pay-day.

3. The appropriate deduction is *$ / % of the net earnings* in respect of each pay-day.

4. Subject to paragraph 6, on each pay-day that the net earnings are in excess of the protected earnings specified in paragraph 2, the employer may first pay to himself or herself, out of that excess, $ for the administrative costs of complying with this order.

5. Subject to paragraph 6, following payment of the administrative costs in accordance with paragraph 4, the employer must pay to the judgment creditor, out of the remaining excess, the appropriate deduction specified in paragraph 3.

6. If on a pay-day the amount of net earnings in excess of the protected earnings is insufficient to allow for payment in full of the administrative costs or appropriate deduction, on that pay-day the employer may first pay as much as the excess allows towards the administrative costs, must then pay as much as the excess allows towards the appropriate deduction, and must pay the deficit in accordance with paragraph 7.

7. If on a pay-day, after payment of the administrative costs and appropriate deduction in full, the net earnings remain in excess of the protected earnings, the employer must pay from that excess as much of the total deficit from previous pay-days as the excess allows, first towards the outstanding administrative costs and then towards the outstanding appropriate deductions.

Dated:

BY THE COURT

Registrar

* Delete if inapplicable

NOTE: An attachment of earnings order comes into force at the end of 7 days after the day on which the order is served on the employer.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 48D

rule 48.08(2)(a)

NOTICE TO EMPLOYER

[Heading as in originating process]

The attachment of earnings order served with this notice requires you to deduct from the net earnings payable to [name of judgment debtor] as your employee, on each pay-day until the order is discharged or suspended, the amount referred to in the order as the appropriate deduction, and to pay that amount to [name of judgment creditor], the judgment creditor, towards securing payment of $ .

EARNINGS AND DEDUCTIONS

Earnings means money payable to a judgment debtor by way of:

(a) wages or salary, including fees, bonuses, commission, pay in lieu of leave or retirement benefit, overtime pay or other profits arising from the judgment debtor's office or employment; or

(b)

a pension, including:

(i) an annuity for past services whether or not the services were rendered to the person paying the annuity; and

(ii) periodic payments of compensation for the loss, abolition or relinquishment of, or a reduction in profits arising from, an office or employment,

but does not include a pension under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth.

Net earnings means the earnings payable to a judgment debtor on a pay-day after the deduction of:

(a) tax instalments under the Income Tax Assessment Act 1936 of the Commonwealth; and

(b) superannuation contributions under the Superannuation Act 1986 of the Commonwealth.

Appropriate deduction means the amount that the Court considers to be:

(a)

a reasonable deduction from the net earnings; and

(b)

not more than is necessary,

to pay the judgment debt within a reasonable time after an attachment of earnings order is made.

Protected earnings means the amount of the net earnings below which the Court considers it unreasonable for the earnings to be reduced by a payment to the judgment creditor, having regard to the resources and needs of the judgment debtor and of any other person for whom the judgment debtor provides or reasonably may provide.

APPLICATION TO COURT IF DOUBT ABOUT EARNINGS

If you are in doubt whether payments to the judgment debtor of a particular description are earnings for the purpose of the attachment of earnings order, you may apply to the Court to have that question determined.

NOTICE TO EMPLOYEE

You are required to give the judgment debtor a notice specifying particulars of the payments made by you under the attachment of earnings order, including the payment for your administrative costs in respect of the order.

NOTICE IF YOU ARE NOT THE EMPLOYER

You must promptly give notice in accordance with Form 48F to a registrar of the Local Court and the judgment creditor:

(a)

if you are not the employer of the judgment debtor; or

(b) if you are now the employer of the judgment debtor but later cease to employ the judgment debtor – after you cease to be the employer.

EMPLOYEE NOT TO BE DISMISSED OR PREJUDICED

A person who dismisses an employee, injures an employee in his or her employment or alters an employee's position to his or her prejudice because an attachment of earnings order has been made, or because the person is required to make payments under the order in relation to the employee, may be dealt with as for contempt of court.

Dated:

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 48E

rules 48.08(2)(b)

and 48.09

NOTICE THAT JUDGMENT DEBTOR NOT EMPLOYED

[Heading as in originating process]

TO A REGISTRAR

AT [ADDRESS OF COURT]

AND TO [NAME OF JUDGMENT CREDITOR]

OF [ADDRESS]

I refer to the order made on [e.g. 2 March 1998] that I make payments to [name of judgment creditor], the judgment creditor, out of the net earnings of [name of judgment debtor], the judgment debtor, and give notice that:

* The judgment debtor is not employed by me.

* I ceased to be the judgment debtor's employer on .

(date)

Dated:

(e.g. 5 March 1998)

[signature of employer]

* Delete if inapplicable.

FORM 48F

rule 48.13(1)(a)

APPLICATION FOR ENFORCEMENT OF ATTACHMENT OF EARNINGS ORDER AGAINST EMPLOYER

IN THE LOCAL COURT

AT [VENUE] Claim No.

Between [FULL NAME] Judgment Creditor

and

[FULL NAME] Judgment Debtor

and

[FULL NAME] Employer

TO [NAME OF EMPLOYER]

You are ordered to attend before the Court for the hearing of an application by the judgment creditor for an order that the attachment of earnings order made on [e.g. 15 December 1997] be enforced against you as the employer of the judgment debtor.

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Filed:

Registrar

This application was filed by the judgment creditor.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 48G

rule 48.16(2)

NOTICE OF CESSATION OF ATTACHMENT OF EARNINGS ORDER

[Heading as in originating process]

TO [NAME OF EMPLOYER] OF [ADDRESS], THE EMPLOYER OF [NAME OF JUDGMENT DEBTOR].

The attachment of earnings order made on [date], which ordered you to make payments to [name of judgment creditor] out of the earnings payable to [name of judgment debtor], ceased to have effect on [date] because [state reason].

Dated:

Registrar

NOTE: Any adjustments to the employee's salary as a consequence of the cessation of the attachment of earnings order must be made not later than 7 days after receiving this notice.

The employer does not incur a liability for treating the attachment of earnings order as still in force at any time before the end of 7 days after receipt of this notice or (if applicable) at any time before a copy of an order discharging the attachment of earnings order is served on the employer, whichever occurs first.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 49A

rule 49.03(1)(a)

GARNISHEE SUMMONS

IN THE LOCAL COURT

AT [VENUE] Claim No.

Between [FULL NAME] Judgment Creditor

and

[FULL NAME] Judgment Debtor

and

[FULL NAME] Garnishee

TO [NAME OF GARNISHEE]

OF [ADDRESS]

You are summoned to attend before the Court for the hearing of an application by the judgment creditor for an order that you, the garnishee:

*pay to the judgment creditor the debt due from you to the judgment debtor,

*pay to the judgment creditor in such amount or amounts and at such time or times as the Court may direct the debt accruing from you to the judgment debtor,

(continue)

or so much of that debt as may be sufficient to satisfy the judgment debt payable by the judgment debtor to the judgment creditor under an order made by the Court on [e.g. 2 March 1998] for $ , interest accrued and accruing on the judgment debt and the costs of the judgment creditor in respect of the garnishee proceedings. The sum required to satisfy the judgment debt, interest and costs is $ , and is made up as follows:

(a) $ , the amount due and unpaid under the judgment;

(b) $ , the amount of interest accrued and accruing;

The debt in respect of which this summons is filed is [give details of the debt].

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Issued:

Registrar

This summons is filed by:

NOTE: Money owing under the debt to the extent of the judgment is not to be paid to the judgment debtor unless the court so orders.

You may dispute liability for payment of the debt to the judgment debtor by filing and serving on the judgment creditor and the judgment debtor, NOT LATER THAN 7 DAYS before the date of the hearing referred to above, an affidavit stating that fact and disclosing the grounds on which liability is disputed.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 49B

rule 49.07(1)(a)

ATTACHMENT OF DEBTS ORDER

(where garnishee debt less than judgment debt, interest and judgment creditor's costs)

[Heading as in Form 49A]

THE COURT ORDERS THAT:

1. The garnishee (where appropriate insert here: after deducting $ for the costs of the garnishee application) pay immediately to the judgment creditor $ , the debt due from the garnishee to the judgment debtor and that in default of payment action may be taken against the garnishee.

(or where the debt is not due but accruing)

The garnishee pay to the judgment creditor $ , the debt accruing from the garnishee to the judgment debtor, as follows:

[state the amount or amounts to be paid and the time or times of payment as directed by the Court]

and that in default of payment action may be taken against the garnishee.

2. The costs of the judgment creditor of the garnishee application, being an amount of $ , be added to the judgment debt and the interest accrued on that debt and be retained by the judgment creditor out of the money recovered by the judgment creditor under this order in priority to the judgment debt and interest.

Dated:

BY THE COURT

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 49C

rule 49.07(1)(b)

ATTACHMENT OF DEBTS ORDER

(where garnishee debt more than judgment debt, interest and judgment creditor's costs)

[Heading as in Form 49A]

THE COURT ORDERS THAT:

1. The garnishee pay immediately to the judgment creditor $ , being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings, and that in default of payment action may be taken against the garnishee.

(or where the debt is not due but accruing)

The garnishee pay to the judgment creditor $ , being so much of the debt accruing from the garnishee to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings as follows:

[state the amount or amounts to be paid and the time or times of payment as directed by the Court]

and that in default of payment action may be taken against the garnishee.

(where appropriate add)

2. The garnishee be at liberty to retain $ for the garnishee's costs of the garnishee proceedings out of the balance of the debt due (or accruing) from him or her to the judgment debtor.

Dated:

BY THE COURT

Registrar

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 50A

rule 50.01(1)

APPLICATION FOR ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[Heading as in originating process]

TO A REGISTRAR

AND [NAME OF JUDGMENT CREDITOR OR JUDGMENT DEBTOR]

This application is made by the *judgment creditor/judgment debtor* of [usual place of residence or of business or registered office], with respect to the order dated [e.g. 27 October 1997] made in the Local Court that [name of judgment debtor], the judgment debtor, must pay [name of judgment creditor], the judgment creditor, *$ together with costs/costs of $ *.

$ is now owing under the order, being:

*(a) $ , the amount due under the order;

(b) $ , the amount of costs; and

The *judgment creditor/judgment debtor* applies to the Court for an order for the payment by instalments of the amount owing as follows:

[state the amount of each instalment, weekly, monthly or other period, the number of instalments and the dates of the first and last instalments]

The judgment debtor is unable to pay the amount owing in one sum because [state briefly why].

The address for service of [identify the applicant] is:

The usual or last-known place of residence or of business or registered office of the *judgment debtor/judgment creditor* is:

Dated: [e.g. 5 March 1998]

[signed]

* Delete if inapplicable and re-number as required.

NOTE: If the applicant is the JUDGMENT DEBTOR, he or she MUST FILE AND SERVE with this application a declaration of financial circumstances in accordance with Form 43C or 43D. If the applicant is the JUDGMENT CREDITOR, he or she MUST FILE AND SERVE with this application an affidavit stating the facts on which the application is based.

A registrar of the Local Court will consider this application and THE PARTIES WILL BE NOTIFIED as soon as practicable of the registrar's decision and how to object to that decision if they so wish.

THE PARTY SERVED WITH THIS APPLICATION MAY CONSENT to the order sought by filing and serving a notice of consent in accordance with Form 50F.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 50B

rule 50.01(2)

APPLICATION FOR VARIATION OR CANCELLATION OF ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[Heading as in originating process]

TO A REGISTRAR

AND [NAME OF JUDGMENT CREDITOR OR JUDGMENT DEBTOR]

On [e.g. 24 November 1997] an order was made that the judgment debtor pay $ , the amount then owing under the order, by instalments as follows:

[insert terms of order]

The judgment debtor has:

* paid the instalments in accordance with the order.

* failed to pay the instalments due under the order on [date] and on [date]. The instalments are now in arrears in the amount of $ .

$ is now owing under the order, being:

*(a) $ , the amount due under the order;

(b) $ , the amount of costs; and

The *judgment creditor/judgment debtor* applies for an order that the order made on [e.g. 24 November 1997]:

*be varied as follows:

[give particulars of variation sought stating amount of each instalment, weekly, monthly or other period, the number of instalments, the dates of the first and last instalments and the name and address of person to be paid under the order as varied].

*be cancelled.

The grounds on which the application is made are:

[where the judgment debtor applies, give particulars of any material change in the circumstances of the judgment debtor since the date of the order]

[where the judgment creditor applies, give particulars of any allegation that there has been a substantial increase in the property or means of the judgment debtor or that any information given by the judgment debtor in support of the application for the order for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments was inaccurate].

The address for service of [identify the applicant] is:

The usual or last-known place of residence or of business or registered office of the *judgment debtor/judgment creditor* is:

Dated: [e.g. 5 March 1998]

[signed]

* Delete if inapplicable and re-number as required.

NOTE: If the applicant is the JUDGMENT DEBTOR, he or she MUST FILE AND SERVE with this application a declaration of financial circumstances in accordance with Form 43C or 43D. If the applicant is the JUDGMENT CREDITOR, he or she MUST FILE AND SERVE with this application an affidavit stating the facts on which the application is based.

THE PARTY SERVED WITH THIS APPLICATION MAY CONSENT to the order sought by filing and serving a notice of consent in accordance with Form 50F.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 50C

rule 50.02(2)(a)

ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[Heading as in originating process]

THE COURT ORDERS THAT:

*[Name of judgment debtor], the judgment debtor, pay to [name of judgment creditor], the judgment creditor, $ , being the amount owing in respect of an order for the payment of money dated [e.g. 27 October 1997], by instalments as follows:

[state amount of each instalment, weekly, monthly or other period for payment, number of instalments, dates of payments of first and last instalments to be made and address of person to be paid].

(OR)

*The order made on [e.g. 24 November 1997] that the judgment debtor pay by instalments $ , which was then owing under a judgment for the judgment creditor against the judgment debtor dated [e.g. 27 October 1997], be varied as follows:

[complete appropriately]

(OR)

[if other order made, complete as appropriate]

Dated:

BY THE COURT

Registrar

* Delete if inapplicable.

NOTE: IF YOU OBJECT to the order being made in the terms above, YOU MUST, NOT LATER THAN 14 DAYS after the date of this notice, file a notice of objection in accordance with Form 50E at the Court and serve a copy on the other party.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 50D

rule 50.02(2)(b)

NOTICE OF REFUSAL TO MAKE ORDER RELATING TO PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

[Heading as in originating process]

TO [NAME OF JUDGMENT CREDITOR]

AND TO [NAME OF JUDGMENT DEBTOR]

TAKE NOTICE that on [date] I refused an application by the *judgment creditor/judgment debtor* for the following order:

[complete appropriately]

IF YOU OBJECT to the refusal to make the order sought, YOU MUST, NOT LATER THAN 14 DAYS after the date of this notice, file a notice of objection in accordance with Form 50E at the Court and serve a copy on the other party.

Dated:

Registrar

* Delete if inapplicable.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 50E

rule 50.03(1)

NOTICE OF OBJECTION TO ORDER MADE OR REFUSAL TO MAKE ORDER FOR PAYMENT, VARIATION OR CANCELLATION OF JUDGMENT DEBT BY INSTALMENTS

[Heading as in originating process]

TO A REGISTRAR

AND [NAME OF JUDGMENT CREDITOR OR JUDGMENT DEBTOR]

I, [name of person objecting], the *judgment creditor/judgment debtor* object to:

* the order made by the Court on [e.g. 2 March 1998] in respect of the *payment/*variation/cancellation* of a judgment debt by instalments.

* the Court's refusal to make an order in respect of the *payment/*variation/cancellation* of a judgment debt by instalments, as notified in the notice dated [e.g. 2 March 1998].

I object on the following grounds:

[state grounds of objection].

The objection will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

The address for service of [identify applicant] is:

The usual or last-known place of residence or of business or registered office of the *judgment debtor/judgment creditor* is:

Dated: [e.g. 5 March 1998]

[signed]

* Delete if inapplicable.

NOTE TO JUDGMENT DEBTOR: To prove your statutory declaration of financial circumstances and for the Court to fully examine your ability to pay the money owing, you must bring to the hearing documents such as pay slips, tax returns, bank account statements and passbooks, rent slips, statement of unemployment/sickness/disability benefits or any other document which may be of assistance to the Court. If you do not bring these documents, the Court may adjourn the hearing and order you to produce them.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 50F

rule 50.05

NOTICE OF CONSENT TO ORDER RELATING TO PAYMENT OF DEBT BY INSTALMENTS

[Heading as in originating process]

TO THE COURT

The *judgment creditor/judgment debtor* consents to the Court making an order that:

1. [terms of order]

Dated: [e.g. 2 March 1998]

[signed]

* Delete if inapplicable.

FORM 50G

rule 50.06(3)(a)

INSTALMENT AGREEMENT

[Heading as in originating process]

1. This agreement is made between [name of judgment creditor], the judgment creditor, of [usual place of residence or of business or registered office] and [name of judgment debtor], the judgment debtor, of [usual place of residence or of business or registered office] with respect to the order dated [e.g. 2 March 1998] made in the Local Court that the judgment debtor must pay the judgment creditor *$ together with costs/costs of $ *.

2. $ is now owing under the order, being:

*(a) $ , the amount due under the judgment;

(b) $ , the amount of costs; and

3. The parties agree that the judgment debtor will pay and the judgment creditor will accept payment of [$ amount owing under order] by instalments as follows:

(a)

[number of instalments];

(b)

[amount of each instalment];

(c)

[weekly, monthly or other period for payment];

(d)

[date of payment of:

first instalment

last instalment];

(e)

[name and address of person to whom payment to be made];

4. The judgment debtor acknowledges that on the filing of this agreement, if a failure to comply with this agreement continues for 14 days or more, the judgment creditor may take further action to enforce the order referred to in paragraph 1.

Dated: [e.g. 5 March 1998]

Signed by the judgment creditor:

Signed by witness:

Name:

Contact address or telephone number:

Signed by the judgment debtor:

Signed by witness:

Name:

Contact address or telephone number:

* Delete if inapplicable. Re-number where required.

FORM 51A

rule 51.02(1)(a)

CHARGING SUMMONS

[Heading as in originating process]

TO [NAME OF PERSON TO WHOM SUMMONS IS DIRECTED]

OF [ADDRESS]

AND TO [NAME OF JUDGMENT DEBTOR]

You are summoned to attend before the Court on the hearing of an application by [name of judgment creditor], the judgment creditor, for an order that certain securities [or as the case may be] in which [name of judgment debtor], the judgment debtor, has a beneficial interest, namely, [give particulars sufficient to identify the securities and the interest of the judgment debtor], stand charged to the extent of the value of the entire beneficial interest of the judgment debtor in the securities or of so much of that value as may be sufficient to satisfy a judgment debt payable by the judgment debtor to the judgment creditor under an order made in the Local Court on [e.g. 2 March 1998] for $ , made up as follows:

(a) $ , the amount due and unpaid under the judgment debt;

(b) $ , the amount of interest accrued or estimated to accrue; and

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Issued:

BY THE COURT

Registrar

This summons is filed by:

NOTE:

To [name of person to whom summons is directed].

Upon service of this summons you must not, except by order of the Court, cause or permit a transfer of any of the above-mentioned securities to be made or pay to a person any dividend or interest on those securities.

NOTE:

To the judgment debtor.

Unless the Court orders otherwise, any disposition by you of your interests in any of the above-mentioned securities made after service of this summons and before the application for the charging order is heard by the Court is invalid as against the judgment creditor.

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 53A

rule 53.01(3)(a)

SEQUESTRATION SUMMONS

[Heading as in originating process]

TO [NAME OF PERSON ORDERED TO PAY MONEY INTO COURT]

OF [ADDRESS]

*AND [NAME OF OFFICER OF CORPORATION]

OF [ADDRESS]

*You are/An officer of the corporation named above is* summoned to attend before the Court for the hearing of an application by the [identify person seeking order] for an order for the sequestration of your property to a value sufficient to satisfy an order made in the Local Court on [e.g. 27 March 1998] that you pay $ into the Court.

The application will be heard by the Court at [address of Court] at a.m./p.m. on or as soon afterwards as the business of the Court allows.

Issued:

Registrar

This summons is filed by:

Do not ignore this notice. If you do not understand this notice or need help contact a registrar of the Local Court, a legal practitioner or your local legal aid office.

FORM 53AA

rule 53A.01

APPLICATION FOR CERTIFICATE UNDER SECTION 28C OF THE LOCAL COURT (CIVIL PROCEDURE) ACT 1989

IN THE LOCAL COURT Claim No.

AT [VENUE]

[FULL NAME] Applicant

TO THE COURT

The applicant applies to the Court for a certificate under section 28C of the Local Court (Civil Procedure) Act 1989.

Dates of the alleged commission of an offence against section 228C, 228D or 228E of the Criminal Code (if known):

Particulars of how the applicant's identification information was the subject of the alleged offence:

[Attach supporting material if available, e.g. emails, letters, bank statements]

Date of police report (if filed):

[Attach copy]

Details of court proceedings (if commenced):

[Attach relevant information]

Particulars of how the commission of the alleged offence has caused problems in relation to the applicant's personal or business affairs and how a certificate would assist the victim to deal with those problems:

The draft certificate under section 28C of the Local Court (Civil Procedure) Act 1989 is attached.

Full name or business name of applicant:

Current address:

Date of birth or ABN:

[signature of applicant]

Filed:

FORM 53AB

rule 53A.02

CERTIFICATE UNDER SECTION 28C OF THE LOCAL COURT (CIVIL PROCEDURE) ACT 1989

Name of Judge:

Place where certificate is being issued:

Full name or business

name of victim:

Current address:

Date of birth or ABN:

Particulars of how the victim's identification information was the subject of an alleged offence under section 228C, 228D or 228E of the Criminal Code:

Any other relevant information:

In issuing this certificate, I have had regard to section 28C(1) of the Local Court (Civil Procedure) Act 1989.

Dated

Judge

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