Section 43.08 — Irregularity — Supreme Court Rules 1987 (Northern Territory) — Barrister AI

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Section 43.08 — Irregularity — Supreme Court Rules 1987 (Northern Territory) — Barrister AI

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s 8.01Application s 8.02Appearance before taking step s 8.03Who to file appearance s 8.04Time for appearance s 8.05Mode of filing appearance s 8.06Content of notice of appearance s 8.07Late appearance s 8.08Conditional appearance s 8.09Setting aside writ or originating motion s 9.01Joinder of claims s 9.02Permissive joinder of parties s 9.03Joinder of necessary parties s 9.04Joinder inconvenient s 9.05Effect of misjoinder or non-joinder of party s 9.06Additional, removal, substitution of party s 9.07Procedure for addition of party s 9.08Defendant deceased at commencement of proceeding s 9.09Change of party on death, bankruptcy s 9.10Failure to proceed after death of party s 9.11Amendment of proceedings after change of party s 9.12Consolidation or trial together s 9.13Conduct of proceeding s 10.01Application of order s 10.02When counterclaim allowed s 10.03Counterclaim against plaintiff and another person s 10.04Procedure after counterclaim against another person s 10.05Trial of counterclaim s 10.06Counterclaim inconvenient s 10.07Stay of claim s 10.08Counterclaim on stay, etc., of original proceeding s 10.09Judgment for balance s 11.01Claim by third party notice s 11.02Statement of claim on third party notice s 11.03Time for appearance s 11.04Filing and service of third party notice s 11.05Time for third party notice s 11.06Leave to file third party notice s 11.07Period of service s 11.08Appearance by third party s 11.09Defence of third party s 11.10Counterclaim by third party s 11.11Default by third party s 11.12Discovery and trial s 11.13Third party directions s 11.14Judgment between defendant and third party s 11.15Claim against another party s 11.16Fourth and subsequent parties s 11.17Counterclaim s 12.01Definitions s 12.02Stakeholder's interpleader s 12.03Sheriff's interpleader s 12.04Sheriff's summons to state claim s 12.05Notice to execution creditor s 12.06Admission of claim s 12.07Interpleader summons s 12.08Powers of Court s 12.09Default by claimant s 12.10Neutrality of applicant s 12.11Order in several proceedings s 12.12Trial of interpleader question s 13.01AAGeneral s 13.01Formal requirements s 13.02Content of pleading s 13.03Document or conversation s 13.04Fact presumed true s 13.05Condition precedent s 13.06Implied contract or relation s 13.07Matter which must be pleaded s 13.08Subsequent fact s 13.09Inconsistent pleading s 13.10Particulars of pleading s 13.11Order for particulars s 13.12Admission and denials s 13.13Denial by joinder of issue s 13.14Money claim as defence s 13.15Counterclaim s 14.01Statement of claim endorsed on writ s 14.02Statement of claim not endorsed on writ s 14.03Alteration of claim as endorsed on writ s 14.04Service of defence s 14.05Reply s 14.06Pleading after reply s 14.07Defence to counterclaim s 14.08Close of pleadings s 14.09Order as to pleadings s 14.10Filing of pleadings s 15.01Interpretation s 15.02Litigation guardian of person under disability s 15.03Appointment of litigation guardian s 15.04No appearance by person under disability s 15.05Application to discharge or vary certain orders s 15.06Pleading admission by person under disability s 15.07Discovery s 15.08Compromise of claim by person under disability s 15.09Execution against money in Court s 15.10Counterclaim and claim by third party notice s 16.01Representation of unascertained persons s 16.02Beneficiaries s 16.03Deceased person s 17.01Partners s 17.02Disclosure of partners s 17.03Service of originating process s 17.04Appearance by partners s 17.05No appearance except by partners s 17.06Appearance under objection of person sued as partner s 17.07Enforcement of judgment s 17.08Enforcement between partners s 17.09Attachment of debts s 17.10Person using the business name s 17.11Charge on partner's interest s 18.01Application s 18.02Proceeding by or against representative s 18.03Order for representation by defendant s 18.04Effect of judgment s 19.01Definitions s 19.02Notice s 19.03Filing and service s 20.01Notice of change s 20.02Party appointing solicitor s 20.03Solicitor ceasing to act s 20.04Removal of solicitor from record s 20.05Address for service s 21.01Default of appearance s 21.02Default of defence s 21.03Judgment for recovery of debt, damages or property s 21.04Judgment other than for recovery of debt, damages or property s 21.05Proceeding continued against other defendants s 21.06Default of defence to counterclaim s 21.07Setting aside judgment s 22.01Summary judgment s 22.03Affidavit in support s 22.04Respondent to show cause s 22.05Affidavit in reply s 22.06Hearing of application s 22.07Cross-examination on affidavit s 22.09Assessment of damages s 22.10Judgment where debt amount unascertained s 22.15Setting aside judgment s 23.01Stay or judgment in proceeding s 23.02Striking out pleading s 23.04Affidavit evidence s 23.05Declaratory judgment s 24.01Want of prosecution s 24.02Failure to obey order s 24.03Stay on non-payment of costs s 24.04Counterclaim and third party claim s 24.05Inherent jurisdiction s 24.06Setting aside judgment s 25.01AApplication of order s 25.01Withdrawal of appearance s 25.02Discontinuance or withdrawal of proceeding or claim s 25.03Proceeding not commenced by writ s 25.04Notice of discontinuance or withdrawal s 25.05Costs s 25.06Discontinuance or withdrawal no defence s 25.07Stay on non-payment of costs s 26.01Definitions s 26.02Offers of compromise generally s 26.03Timing of offer s 26.04No communication to Court of offer s 26.05Failure to comply with offer s 26.06Multiple respondents s 26.07Costs where offer not accepted s 26.08Taxation of costs where offer accepted s 26.09Contributor parties s 27.01Conformity with Rules s 27.02Content of document s 27.03Form of document s 27.04Numbers s 27.05Copies on request s 27.06Proper officer refusing to seal or accept document s 27.07Scandalous matter s 28.01How document is filed s 28.02Place of filing s 28.03Date of filing s 28.04Seal of Court s 28.05Inspection of documents s 29.01Application and definition s 29.02Discovery s 29.03List of documents s 29.04Form of list of documents s 29.05Order limiting discovery s 29.06Co-defendants and third party s 29.07Order for discovery s 29.08Order for particular discovery s 29.09Inspection of documents referred to in list of documents or affidavit s 29.10Inspection of documents referred to in pleadings and affidavits s 29.11Order for discovery s 29.12Direction as to documents s 29.13Inspection of document by Court s 29.14Default on discovery s 29.15Copy list or affidavit to be filed s 29.16Discovery a continuing obligation s 30.01Definitions s 30.02Service of interrogatories s 30.03Statement as to who to answer s 30.04Filing interrogatories and time for answers s 30.05Source for answers to interrogatories s 30.06How interrogatories to be answered s 30.07Ground of objection to answer s 30.08Who to answer interrogatories s 30.09Failure to answer interrogatories s 30.10Non-compliance with order s 30.11Answers as evidence s 31.01Definitions s 31.02When is examination available s 31.03Application for and consent to examination s 31.04Effect of consent or order s 31.05Examination of corporations s 31.06Examiner s 31.07Attendance on examination s 31.08Powers of examiner s 31.09Record of examination s 31.10How party to be examined s 31.11Order to answer question s 31.12Costs of examination s 32.01Definitions s 32.02Privilege s 32.03Discovery to identify a defendant s 32.04Party an applicant s 32.05Discovery from prospective defendant s 32.06Party an applicant s 32.07Discovery from non-party s 32.08Procedure s 32.09Inspection of documents s 32.10Directions as to documents s 32.11Costs s 33.01Application s 33.02Counterclaim s 33.03Definitions s 33.04Notice for examination s 33.05Expenses s 33.06Report of examination s 33.07Service of reports s 33.08Time for service s 33.09Proceeding against medical expert s 33.10Material for Court s 33.11Medical report admissible s 33.12No evidence unless disclosed in report s 33.13Medical report generally not admissible unless this Order complied with s 34.01Powers of Court s 34.03Admissions and agreements s 34.04Duty to obtain directions s 35.01Definition s 35.02Voluntary admission of facts s 35.03Notice for admission of facts s 35.04Judgment on admissions s 35.05Notice for admission of documents s 35.07Restrictive effect of admission s 35.08Notice to produce documents s 36.01General s 36.02Failure to amend within time limited s 36.03Amendment of pleading s 36.04Disallowance of pleading amendment s 36.05How pleading amendment made s 36.06Pleading to an amended pleading s 36.07Amendment of judgment or order s 37.01Inspection, detention, etc., of property s 37.02Inspection from prospective defendant s 37.03Procedure s 37.04Disposal of perishable property s 37.05Payment into Court in discharge of lien s 37.06Interim distribution of property or income s 37.07Jurisdiction of Court not affected s 38.01When Court may grant s 38.02Application before trial s 38.03Costs and expenses of non-party s 38.04Ouster of office s 39.01Application and definitions s 39.02Appointment of receiver s 39.03Service of order s 39.04Consent of receiver s 39.05Security by receiver s 39.06Remuneration of receiver s 39.07Receiver's accounts s 39.08Default by receiver s 39.09Directions to receivers s 40.01Definition s 40.02Evidence of witness s 40.03Contrary direction as to evidence s 40.04Examination on affidavit s 40.05Evidence of particular facts s 40.06Revocation or variation of order s 40.07Deposition as evidence s 40.08Proof of Court documents s 40.09Evidence of consent s 40.10Defamation s 40.11Subsequent use of evidence at trial s 40.12Attendance and production s 40.13View s 40.14Preservation of exhibits s 41.01Order for witness examination s 41.02Documents for examiner s 41.03Appointment for examination s 41.04Conduct of examination s 41.05Examination of additional persons s 41.06Objection s 41.07Taking of depositions s 41.08Authentication and filing s 41.09Report of examiner s 41.10Default of witness s 41.11Witness allowance s 41.12Perpetuation of testimony s 41.13Letter of request s 41.14Translation s 41.15Undertaking s 41.16Order for payment of expenses s 42.01Interpretation s 42.02Issuing of subpoena s 42.03Form of subpoena s 42.03AAlteration of date or time for attendance or production s 42.04Setting aside or other relief s 42.05Service s 42.06Compliance with subpoena s 42.07Production otherwise than upon attendance s 42.08Removal, return, inspection, copying and disposal of documents and things s 42.09Inspection of, and dealing with, documents and things produced otherwise than on attendance s 42.10Disposal of documents and things produced s 42.11Costs and expenses of compliance s 42.12Failure to comply with subpoena – contempt of court s 42.13Documents and things in the custody of a court s 43.01Form of affidavit s 43.02Affidavit by illiterate or blind person s 43.03Content of affidavit s 43.04Affidavit by 2 or more deponents s 43.05Alterations s 43.06Annexures and exhibits s 43.07Time for making affidavit s 43.08Irregularity s 43.09Filing s 43.10Affidavit witnessed by party s 44.01Definition s 44.02Application s 44.03Service of statement of expert evidence s 44.04Making statement of other party evidence s 44.05Expert witnesses giving evidence on same or similar question s 45.01Definition s 45.02Evidence by affidavit s 45.03Judgment where no appearance s 45.04Proceedings after appearance s 45.05Special procedure s 46.01Application s 46.02Application by summons s 46.03Notice of application s 46.04Form and filing of summons s 46.05Service s 46.06Adjournment s 46.07Absence of party to summons s 46.08Setting aside s 47.01Place of trial s 47.02Mode of trial s 47.03Jury procedure s 47.04Separate trial of question s 47.05Judgment after determination of preliminary questionSchedule 3 — Code of Conduct for Interpreters in Legal Proceedings

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s 43.08

Irregularity

In force

Chapter 1—General rules of procedure in civil proceedings

Part 4—Local service of foreign judicial documents

43.08 Irregularity

Notwithstanding an irregularity in form, an affidavit may be used in evidence.

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